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