TURKMENISTAN: CHARGE RAISES REGISTRATION CASES

C O N F I D E N T I A L SECTION 01 OF 02 ASHGABAT 000418 SIPDIS DEPT FOR SCA/CEN E.O. 12958: DECL: 04/01/2019 TAGS: PGOV PHUM KIRF TX SUBJECT: TURKMENISTAN: CHARGE RAISES REGISTRATION CASES WITH MINISTER OF JUSTICE Classified By: Deputy Chief of Mission Sylvia R. Curran. Reasons 1.4 (b) and (d) ¶1. (C) On March 31, the Charge met with Minister of Justice Myrat Garryev to learn about the activities of the Ministry and to discuss concerns about delays in registration of local NGOs and religious groups. The Minister spoke at length about the responsibilities of various departments within the Ministry. The Legislative Department provides expertise on draft laws of all types, from the Constitution down to the acts drafted by various ministries. Any ministerial act that touches on human rights or has an impact outside a ministry's area of responsibility must be reviewed by the Legislative Department. In addition, Garryev said this Department prepares draft laws, forms legislative working groups, and oversees the lengthy process of preparation of new and revised laws. He mentioned that the Ministry also receives draft laws prepared at the Mejlis (Parliament) for review by the Ministry's experts. According to Garryev, it is easier for the Ministry to prepare new laws when they control the entire process because its work product is the result of a collective effort by experts, and does not reflect just one person's views. ¶2. (C) In addition, the Ministry organizes legal assistance consultations and oversees the training and qualifications of lawyers. This includes administering the notarial system, which is an important aspect for formalizing all transactions. Garryev also described the Ministry's function of registering social and religious organizations. He explained that the organization seeking registration should submit documents that show it conforms with the legal requirements and that the organization's activities conform with approved activities. According to the Minister, the Ministry does not interfere with organizations' activities, but makes sure that they conform with legal requirements. ¶3. (C) The Charge noted that some organizations have had difficulties registering. He first mentioned the Fulbright Alumni Association and the Alumni of U.S. Exchange Programs Group, both of which keep revising and resubmitting their documents, but without success. The Charge asked for more information about the registration process and an explanation of why these groups are having such problems. At this point, the Minister, appearing to be at a loss, turned to the head of the Registration Department and conducted an extended exchange in Turkmen. He then offered that the procedure calls for review of applications by representatives of ministries that are responsible for the type of activity proposed by the organization. For example, in reviewing the application an NGO involving education, the Ministry of Education would be consulted, and that ministry decides whether or not the group will be registered. The Minister said the two applications mentioned by the Charge are currently undergoing interministerial review. The Charge also mentioned the teacher group "Turan Mugallym," which has been trying to register for two years, and the religious groups Svet Zhizni (Light of Life) and Iman Yoly (Path of Faith). He reiterated the United States' interest in seeing such cases resolved in accordance with Turkmenistan's international commitments to respect human rights. ¶4. (C) The Charge also suggested that the Minister consider possibilities for cooperation between the United States and Turkmenistan in areas of legal reform, rule of law, training and exchanges. The Minister commented that Turkmen jurists had participated in exchanges to the United States in the past and agreed to give the matter further consideration. ¶5. (C) COMMENT: While the Minister did not appear informed about these particular registration cases, his explanation of the process suggests that the blockage lies not in the Ministry of Justice, but rather with the Ministry of Education ("MOE"). The MOE, which has blocked our initiatives in the past, appears to have veto power over ASHGABAT 00000418 002 OF 002 registration of the U.S. alumni groups. END COMMENT. MILES