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