NEW TURKMEN EDUCATION LAW - CAUTIOUSLY OPTIMISTIC

UNCLAS SECTION 01 OF 02 ASHGABAT 001078 SENSITIVE SIPDIS STATE FOR SCA/CEN; SCA/PPD; E.O. 12958: N/A TAGS: EPET PGOV EINV TX SUBJECT: NEW TURKMEN EDUCATION LAW - CAUTIOUSLY OPTIMISTIC ¶1. (U) Sensitive But unclassified. Not for public Internet. ¶2. (SBU) SUMMARY: The new Education Law of Turkmenistan, announced on August 19, 2009, represents incremental educational system reform, especially in the field of adult continuing education, private-public partnerships, international cooperation, and finances. Implementation and funding will be key to the success of these changes. The law illustrates Turkmenistan's attempt to reach international standards and practices, but also officials' need to maintain control. END SUMMARY. BACK TO TEACHING ADULTS ¶3. (SBU) The government has resuscitated the Soviet practice of recognizing evening and correspondence studies. Under the previous law, only full-time programs were recognized for students. The government will have problems with staffing these programs, since there are already limited resources and staffing available for current, subsidized, full-time studies. ¶4. (SBU) Another provision tasks the Cabinet of Ministers to develop a list of professions approved for evening or correspondent study. However, the law does not include this list, nor does it yet exist. Students who did not complete their education may return as distance learners. This is akin to our GED and noteworthy since previously there were no provisions for those who had left school before graduating to be able to return to studies and complete a degree. ¶5. (SBU) Employers also will play a role in adult continuing education. Working people applying to schools will receive additional vacation days to undertake the admission process. Those interested in pursuing higher education via evening or correspondence classes must have two years work experience in that field, plus the employer must want the employee to take the class. Who pays is not specified. (COMMENT: This may signal a shift from the government determining what training is needed, to the private sector. However, as noted, the GOTX will create a list of approved professions. END COMMENT.) PRIVATE-PUBLIC PARTNERSHIPS - REALLY? ¶6. (U) The new law expands the possible different types of ownership for academic institutions, opening the door to foreign and individual investment, including sole foreign ownership, public associations, private citizens of Turkmenistan, and individual foreigners. Previously, only the State could found an institution and only Turkmen citizens could open educational centers, although not schools. The law also provides for governmental as well as other contractually-based partnerships. ¶7. (SBU) Although the legal status of non-governmental educational institutions has been codified, these schools must still undergo an attestation and accreditation process. Once accredited, both public and private institutions will be authorized to issue diplomas. However, despite accreditation, private schools will continue to go through periodic attestations and inspections. ¶8. (SBU) Public and private institutions are not the only ones charged with education; parents are now legally responsible for their children's education and learning. (COMMENT: It's unclear whether this means that parents can receive jail time or a fine if their children are bad students. END COMMENT.) INTERNATIONAL COOPERATION - TALKING THE TALK ... ¶9. (SBU) International academic cooperation may be conducted either within the framework of an international agreement or according to Turkmen law. An international agreement may supersede Turkmen law. Educational institutions also have the right to establish ties with foreign enterprises that implement various educational programs in ASHGABAT 00001078 002 OF 002 accordance with orders established by the Cabinet of Ministers. Placement of foreign students in Turkmenistan and vice-versa will be reciprocal on the basis of direct agreements concluded with educational institutions. (COMMENT: A bilateral agreement could help us place U.S. exchange students and would allow the establishment of foreign branches of universities or joint institutions in Turkmenistan. However, although it is unclear, this section of the law could mean that there must first be an agreement before a Turkmen student can study at an overseas institution. END COMMENT.) FINANCES - HOW TO MAKE MORE MONEY ¶11. (SBU) The most ambiguous part of the new law concerns financing. The law appears to allow for non-profit and "entrepreneurial" educational organizations. The non-profits can charge tuition to cover "educational expenses," but will not be considered entrepreneurial if they do not make a profit. The for-profits, however, are allowed as long as they pay the required taxes. Additionally, institutions can now charge for the use of facilities and donated materials or time. The law sums up the changes in financing with this mysterious note "all non-governmental institutions should use the same financial norms as state institutions." (COMMENT: These new funding mechanisms provide room for additional graft to enter the already corrupt education system, but could also provide room for NGOs to operate legally and successfully. END COMMENT.) ¶11. (SBU) COMMENT: The 2009 Education Law is expanded and more inclusive than its 1993 predecessor. By recognizing and allowing various ways for obtaining an education as well as various types of private, public, and foreign institutions the law appears to open doors to some much needed educational reform in Turkmenistan. Nevertheless, everything must be approved, accredited, and in compliance with Ministry of Education and Cabinet of Ministers directives - opening the door to corruption, haphazard enforcement and regulatory uncertainty. The law illustrates Turkmenistan's attempt to reach international standards and practices, but also officials' need to maintain control. END COMMENT. MILES