Identifier
Created
Classification
Origin
09ASHGABAT418
2009-04-02 11:22:00
CONFIDENTIAL
Embassy Ashgabat
Cable title:
TURKMENISTAN: CHARGE RAISES REGISTRATION CASES
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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)
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
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