TURKMENISTAN'S LEGISLATIVE REFORM -- GENUINE OR COSMETIC?

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SIPDIS

STATE FOR SCA/CEN

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TAGS: PGOV TX
SUBJECT: TURKMENISTAN'S LEGISLATIVE REFORM -- GENUINE OR COSMETIC?


1. (U) Sensitive But Unclassified. Not for Public Internet.


2. (SBU) SUMMARY: Turkmenistan is in the process of reforming
outdated Soviet-era laws, with the stated intention of supporting
broader reforms in the country and bringing about compliance with
international standards. President Berdimuhamedov himself announced
the reform program for the country's legislation. The reform
process is supposed to be open to the public, but public debate is
often limited to laws of secondary importance. In reality, the main
sources of new Turkmen legislation are the President and
international organizations, but even pressure from international
bodies cannot ensure that the new laws are implemented. END
SUMMARY.


3. (SBU) To a large extent, Turkmenistan relies on the use of
outdated Soviet-era laws in the absence of new ones. Former
President Niyazov did little to address this problem. Current
President Berdimuhamedov, almost immediately after his election,
announced his intention of reforming the country's laws to make them
correspond to international standards. Legislative reform was to be
part of a broader process of reform throughout the country.


4. (SBU) Turkmen law provides that legislative initiatives may come
from various sources including the president, members of parliament,
ministers and those that work in the ministries, NGOs, and citizens.
Alternatively, a parliamentary committee chairman can create a
working group or a commission to draft a law. In practice, however,
the Turkmen president exercises full control over all parliamentary
affairs, including initiating new laws.


5. (U) According to the official process, once a new law is drafted,
an authorized person, usually a member of parliament, can put it
forward for voting. The drafts must be checked to make sure they do
not conflict with any current regulations. Staffers on the
parliamentary committee or within the presidential administration
usually conduct that review. When alternate drafts of the same law
are proposed, the parliament has to decide which of the versions
will be put forward. After the Mejlis has passed a draft law, the
president signs it, and it is then published in the local press.


6. (SBU) Lawmaking in Turkmenistan is theoretically designed to
involve as many different layers of the government and community as
possible. Discussions on the law are supposed to be held openly in
the parliament and mass media, according to an article published
recently in the state-run newspaper "Neytralniy Turkmenistan." In
practice, however, new laws are often not discussed until after they
have been passed. One exception was when the government opened up a
debate on a law on taxation of private entrepreneurs, holding
seminars and conferences. It is possible that the Turkmen
Government did not consider this law important because the national
budget consists mostly of revenues from the sale of natural gas, not
taxes.


7. (SBU) Although most laws in Turkmenistan are initiated by the
president, some have been the result of strong support by
international organizations. UNICEF, for instance, has supported
legislation on breastfeeding and prohibiting child labor. The
British Embassy, UNDP, and UNICEF have brought together a working
group of local and international experts to redraft the Criminal
Code. Businesses also attempt to influence new legislation.
Turkmenistan's textile factories started supporting bans on child
labor when they began getting orders from overseas companies, such
as Tommy Hilfiger.


8. (SBU) COMMENT: Although the stated goal of legislative reforms is
to make Turkmenistan compliant with international standards, many
people believe that the changes are purely cosmetic. People inside
Turkmenistan often refer to the Turkmen parliament as the "Union of
Artists," because they create a budget which has very little to do
with the reality of Turkmen revenues and expenditures, and they pass

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laws that are never implemented. In reality, everything remains
under the control of the presidential administration, and the
parliament's role is to pass laws by an overwhelming majority.
Still, without new laws, some of which have benefited from input
provided by international experts, the Turkmen government could
never move to the next stage involving effective implementation and
rule of law. END COMMENT.

CURRAN