TURKMENISTAN: LEGISLATIVE REFORMS ARE A GOOD THING

C O N F I D E N T I A L SECTION 01 OF 02 ASHGABAT 000546 SIPDIS STATE FOR SCA/CEN E.O. 12958: DECL: 04/29/2019 TAGS: PGOV PHUM PREL TX SUBJECT: TURKMENISTAN: LEGISLATIVE REFORMS ARE A GOOD THING BUT SOVIET MODELING, MAYBE NOT SO ASHGABAT 00000546 001.2 OF 002 Classified By: Charge Richard Miles for reasons 1.4 (b) and (d). ¶1. (C) SUMMARY: On April 27, 2009, Professor of Law, and internationally recognized arbitration specialist, Dr. Murad ¶O. Haitov discussed with Embassy Officer recent legislative actions adopted by the Turkmenistan Parliament. The acts cover a wide variety of issues from labor code to food safety. For the first time, Parliament will publish a user guide in the Turkmen language for the new labor code (and presumably for others as well),including commentary and questions and answers. While the Turkmenistan Government seeks advice from foreign experts, including western ones, Haitov stated that much of the new, reformed law is based on Soviet style legislation. While amending legislation to bring it up to "international standards" is a major step forward, how these laws are implemented will be key to how much reform is actually brought about. END SUMMARY ¶2. (C) On April 27, 2009, Professor of Law, and internationally recognized arbitration specialist, Dr. Murad ¶O. Haitov discussed with Embassy Officer recent legislative actions adopted by the Turkmenistan Parliament. Dr. Haitov is an expert government advisor and specializes in international arbitration, contract and comparative law and many other aspects of legislative reform. During the April 19th session, the Mejlis (parliament) adopted at least eight major reforms. In addition to the two codes that Haitov advised on (the labor and criminal codes),Parliament passed acts on "Protection of Breast Feeding and Requirements for Baby Food Products," "On Quality and Safety of Food Products" (septel),"On Introduction of Changes, Amendments and Recognizing Some Legislative Acts of Turkmenistan as Invalid," "On Order of Resolution of Issues of Administrative Territorial System of Turkmenistan" as well as "On Naming and Renaming State Enterprises, Organizations, Agencies and Other Objects," "On Elections to Gengeshs (local self administration bodies of Turkmenistan)" (septel),and "On Introduction of Changes and Amendments to Tax Code of Turkmenistan." This information was published in the newspaper on April 27. The President ratified all new acts and the full text of each act will appear in the Neutral Turkmenistan newspaper in the next few days. ¶3. (C) Regarding the Labor Code specifically - "On Approval and Introduction into effect of Labor Code of Turkmenistan," the Parliament adopted six provisions set forth by the International Labor Organization (ILO) including conventions on the rights of women and children, labor registration, minimum age of employment and elimination of salary discrimination between genders. Dr. Haitov referred to the provisions in the new labor law as "revolutionary". This new law puts an end to labor "contracts" and supports more flexible labor "agreements". He mentioned this was a reflection of the Soviet approach toward protecting laborers' rights. The new labor agreement consists of 17 points and will be "free form" and flexible. The text of the law will be published soon, and is expected to be enforced effective July 1, 2009. Dr. Haitov thought the new law may be difficult for foreign organizations to implement because of all of the "new forms" required. There will be training sessions and roundtables organized to improve the understanding of the legislation for all interested parties. The fundamental basis of the new labor code is protection of the people. Also included are provisions to stop salary discrimination between genders and to protect the rights of children. The actual minimum age for children to legally begin work was set at 16 years old, in spite of advisors to the Parliament that proposed the minimum age be set at 14 years old. There is no minimum wage stated in the labor code, but does mention that the average wage is 200,000-250,000 Turkmen old manat per month which is the equivalent to $40 or $50 US dollars per month. The new labor code is modeled on other CIS countries' legislation, including ones first adopted in Russia in 2001 and later amended in 2006, as well as a law adopted in Kazakhstan in ¶2008. ¶4. (C) Dr. Haitov said economic migration is not as big of a ASHGABAT 00000546 002.2 OF 002 problem for Turkmenistan as it is for other countries in the region, particularly Uzbekistan. Haitov estimated that approximately 10 percent of the Turkmen population leave the country as economic migrants. This 10 percent consists primarily of women and young men leaving for Turkey and Cypress seeking employment as unskilled laborers. He claimed that in Uzbekistan an estimated 70 percent of the workforce leave for Russia or other countries as economic migrants, at one time or another. (COMMENT: While many Uzbeks go abroad (mostly to Russia and Kazakhstan) to work, often seasonally, the 70 percent figure strikes us as high. END COMMENT.) The new labor code includes provisions to address internal economic migration and guarantee at least minimal employment with either local or foreign companies for Turkmen nationals. (NOTE: Foreign companies will be obliged to hire a certain percentage of local workers and also pay salaries regularly. Apparently, in some previous instances, workers did not receive their salary for three to four months. END NOTE.) ¶5. (U) The new criminal procedures code includes international conventions for human rights of those arrested or incarcerated. Once this code is implemented, the Parliament will work on a new code addressing the prison system. Clearly, much of the legislation intersects one another and must be developed concurrently. ¶6. (SBU) The President of Turkmenistan has a goal of bringing local legislation up to international standards. According to our contact, German and foreign specialists were invited to Turkmenistan in 1997 to advise on the development of a new civil code. Turkmenistan has continued to use foreign consultants, specifically German ones provided through the German assistance organization GTZ. Foreign consultants provide comments to some Turkmen draft laws. The recently amended constitution was adopted on the September 26, 2008. The reformation process continued over the previous five years and included priorities outlined by the President to include the economy and investment law, law on education and also on the market economy. New legislative codes have either been developed or are in process for land, water, tax, labor, criminal issues, civil issues and customs. For the first time, the parliament will publish a users guide in the Turkmen language for the new labor code (and presumably for others as well) including commentary and questions and answers. There will be training sessions developed and roundtables organized for the sole purpose of explaining the new law to users, including foreign organizations. Our contact said this is significant, because previously the only commentary available to support Turkmen legislation, even if it had changed following independence, was Russian commentary on related laws regardless of whether or not the Turkmen law was consistent with the Russian text. ¶7. (SBU) COMMENT: Turkmenistan is certainly demonstrating an effort to reform legislation and bring it up to international standards. However, using Russia, and other CIS countries as a model hardly seems to be the optimal path, if in fact, international standards are the goal. Of course, the key, is always is in implementation, and not simply the adoption of new laws. While amending legislation to bring it up to "international standards" is a major step forward, how these laws are implemented will be key to how much reform is actually brought about. END COMMENT. MILES