UZBEKISTAN BAR ASSOCIATION PUSHES FOR A MEANINGFUL

C O N F I D E N T I A L TASHKENT 000741

SIPDIS

DEPT FOR INL ANDREW BUHLER
ASTANA FOR ALMATY/USAID

E.O. 12958: DECL: 06/27/2018
TAGS: PGOV PREL PHUM PINR UZ
SUBJECT: UZBEKISTAN BAR ASSOCIATION PUSHES FOR A MEANINGFUL
ROLE

Classified By: Political Officer Tim Buckley for reasons 1.4 (B,D)


1. (C) On June 24 poloff met with Gulnora Ishankhanova,
Chairperson of the Tashkent City Branch of the Uzbekistan Bar
Association and Guljakhon Amanova, the organization's
Projects and International Law Issues Consultant, to discuss
the May 1 Presidential Decree on strengthening the bar
association in Uzbekistan and the possibility of involving
the American Bar Association - Rule of Law Initiative
(ABA-ROLI) in implementation work. Ishankhanova reported
that the decree was very welcome and resulted from the
efforts of the current reform-minded Minister of Justice,
Ravshan Mukhitdinov. However, she added that the Cabinet of
Ministers attempted to introduce draft legislation that would
contradict the decree's vision of an independent bar
association. The Uzbek Bar Association rejected the draft,
and instead submitted its own version of a draft law to
Mukhitdinov's office on June 24. Assuming he is sympathetic,
it remains unclear whether he has the clout to convince the
Cabinet of Ministers to accept it; however, the attorneys,
doubtless emboldened by the decree, are the perfect group to
try pushing back. The climate may now also be right for
ABA-ROLI to try to gain a foothold in Uzbekistan on projects
that fit President Karimov's stated goals and yet promote our
human rights agenda. End summary.

Decree on Strengthening the Bar
--------------


2. (C) On May 1 President Karimov surprised Western observers
by issuing a decree on strengthening the bar association in
Uzbekistan, with emphasis on building a strong, independent
cadre of professional jurists. The decree calls for the
creation of "an effective centralized system of
self-management of the legal profession as one of the basic
institutes of civil society in the protection of human
rights." Poloff visited the Tashkent City Branch of the
Uzbekistan Bar Association to discuss the decree as well as
potential opportunities to provide implementation assistance
that may dovetail with broader U.S. Government rule of law
interests.


3. (C) Ishankhanova confirmed the decree was indeed welcome
news for the legal profession ("that day was like a holiday
for us"),but she said it was the result of a lot of
behind-the-scenes work that the Uzbek Bar Association was
closely involved with. The process started last year, when a
bar association chairman approached the new Minister of
Justice Mukhitdinov to resign due to dissatisfaction among
Uzbek attorneys about their profession. Rather than accept
the resignation, Mukhitdinov, whom Ishankhanova and Amanova
described as "bright and reform-minded", asked for a list of
proposed changes that would improve the situation. Workshops
and meetings followed and, after submitting their input to
Mukhitdinov's office, bar association members were delighted
to see a Presidential decree issued. Ishankhanova noted the
importance of mandatory membership in the new version of the
bar association (to be called the Lawyer's Chamber of
Uzbekistan). Presently, only about 50 percent of attorneys
voluntarily join, which makes it difficult to standardize and
enforce ethical standards. She added that the new
organization will use the extra dues to establish training
centers in the provinces, where there is desperate need to
upgrade professional qualifications.

Old Habits Die Hard
--------------


4. (C) Ishankhanova's enthusiasm about the Presidential
decree was tempered by subsequent action by the Cabinet of
Ministers, which is tasked with implementing the decree, to
develop a draft law that "undermines the goals specified in

the decree." She is particularly concerned that the draft
law would essentially establish a new entity that is
dependent on the Parliament for budgetary resources and the
Cabinet of Ministers for project mandates. Thus, the
momentum for reinventing the bar association's role could be
lost under the weight of new bureaucracy.

Bar Association Doesn't Roll Over
--------------


5. (C) As a result of dissatisfaction over the draft law that
would reduce its influence and miss the opportunity presented
by this decree, Ishankhanova said the bar association told
Mukhitdinov that they reject it, and instead they submitted
their own version of the draft law to Mukhitdinov on June 24
that would create a robust and influential bar association
with broad authority to design and conduct professional
development trainings -- including international exchanges
and interaction with foreign experts -- as well as to propose
draft legislation on pressing issues of societal importance.
As Ishankhanova put it, "we do not want to rely on the
Cabinet of Ministers or be controlled; we want to work
independently and recommend good laws." If Mukhitdinov
approves it - and if he's daring enough - he will submit it
to the Cabinet of Ministers for consideration. She added
that the Uzbek Parliament has been known to adopt laws "with
closed eyes and closed ears," but that if the bar association
can contribute to effective implementation of the decree it
will boost professional self-esteem in the eyes of other
countries.

ABA-ROLI Staff Get Visas and MFA Meeting
--------------


6. (C) Poloff was accompanied by visiting Amcit ABA-ROLI
Country Director for Kazakhstan and Turkmenistan, who is also
involved in administering offshore USAID and INL-funded
projects that discreetly include Uzbek invitees. Applying
for a visa in the aftermath of Karimov's decree, the visa was
promptly issued at the Uzbek Consulate in Almaty. In
addition to conducting useful meetings with the Tashkent City
Branch of the Uzbekistan Bar Association, with whom ABA
successfully worked prior to being forced out of the country
with most other NGOs in 2005, poloff informally requested and
was granted a joint courtesy meeting at the MFA on June 24.
(Comment: The ABA-ROLI official clearly indicated his
position with the NGO on the application and we believe Uzbek
authorities are well aware of his activities. Together with
MFA's willingness to grant a meeting, on short notice and
without the customary diplomatic note, is a positive sign
that the Government of Uzbekistan may deem ABA-ROLI an
acceptable future project implementer. End comment.)

Comment
--------------


7. (C) The Cabinet of Ministers may just be accustomed to
devising top-heavy, centralized laws to implement
Presidential decrees and may not have been intentionally
trying to limit the influence of the bar association (or defy
Karimov's word). Yet this group of lawyers, which has
trained with ABA in previous years and is doubtless
emboldened by Karimov's decree, is feisty and up for the
challenge. It is rare for any entity in Uzbekistan to buck
the status quo, and this is the perfect group to try pushing
back. If his political will and influence are sufficient,
Minister Mukhitdinov may support a more enlightened draft law
that truly strengthens the bar association; however, he
apparently had enough muscle to turn the lawyers' input into
a Presidential decree -- no small feat. In the meantime, the
time may be right for ABA-ROLI to try to gain a foothold in
Uzbekistan on projects that fit Karimov's stated goals in the

decree and at recent international workshops that also
promote our long-term human rights agenda.

NORLAND