NEW LAW ON ELECTION TO GENGESHES

UNCLAS ASHGABAT 000571

SENSITIVE

SIPDIS

STATE FOR SCA/CEN; DRL

E.O. 12958: N/A
TAGS: PGOV KDEM TX
SUBJECT: NEW LAW ON ELECTION TO GENGESHES


1. (U) Sensitive but unclassified. Not for public Internet.


2. (SBU) SUMMARY: At the end of April, the Government of
Turkmenistan published a revised election law specific to the lowest
level of governance, the Gengesh, or local council. Most of the
revisions were done to bring the law into conformance with the 2008
constitution and the Mejlis (parliament) election law from late

2008. A few minor changes appear to give Gengeshes a little more
independence in how they prepare for elections. By and large, there
are no indications of significant changes in how government will
function on the lowest, least empowered level. END SUMMARY.


3. (U) The April 27 issue of Neytralniy Turkmenistan published the
text of the revised law regarding Local Council (Gengesh) elections.
The original law dates from 2002 and was in need of revision to
bring it into conformance with the 2008 revised national
constitution. Gengeshes are councils at the village level or below,
and are the most visible government representation for rural
residents. They are empowered to make decisions regarding local
issues and can address community concerns. Larger issues, however,
must be directed to provincial governors' offices.


4. (U) Some of the revisions are specific amendments that make the
law compatible with other election laws as well as with the 2008
constitution. For example, there is new text that specifies the
voting rights of citizens in sanatoria, health resorts, medical
institutions and detention centers. New text has also been added --
similar to the Mejlis election law -- to address the transparency of
election commission activities, regulate the role of national
election observers, and regulate the role of the media. The revised
law shortens the term of those elected to a Gengesh from five years
to three, and lays the groundwork for at least two candidates to run
for each office. As in the Mejlis election law, candidates can be
nominated by political parties, registered public organizations, or
citizen initiative groups with a minimum of 50 participants.


5. (U) The revised law now provides guidance on forming election
districts specifically for Gengesh elections. It states that from
5-15 election districts with an equal number of voters can be formed
for the purpose of Gengesh elections in cities, villages and other
small population centers. (NOTE: There is no language in the law
that identifies the territory within which the 5 to 15 districts
would be formed, however. END NOTE.) There must be at least 11
voters in each election district.


6. (U) The Central Election Commission of Turkmenistan, provincial
election commissions, district election commissions, city and
village election commissions coordinate with each other in
organizing Gengesh elections, according to the revised law. The
previous version of the law only required election commissions at
the district level or below to work together to organize an
election. The revised law states that the Central Election
Commission of Turkmenistan forms provincial election commissions.
They, in turn, determine the composition of district and city
election commissions. At the rural level, local Gengeshes are
empowered to determine who sits on territorial (rural) election
commissions.


7. (SBU) COMMENT: Overall, the law appears largely to have been
revised to make it compatible with other Turkmen legislation. The
fact that Gengeshes have the right to compose their own election
commissions is a positive step, but all other aspects of their
activity are no doubt guided by the national Central Election
Commission. The next Gengesh election -- the timing of which will
be decided by the Mejlis -- will likely give us the first insights
into how the new law will be interpreted. END COMMENT.

MILES