Identifier
Created
Classification
Origin
96ASHGABAT2612
1996-09-05 11:13:00
CONFIDENTIAL
Embassy Ashgabat
Cable title:  

USREP BROWN MEETING WITH MEMBERS OF TURKMEN

Tags:  PREL PHUM EAID OSCE TX XG 
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O 051113Z SEP 96
FM AMEMBASSY ASHGABAT
TO SECSTATE WASHDC IMMEDIATE 9052
INFO AMEMBASSY BERN 
USMISSION USUN NEW YORK 
EUROPEAN POLITICAL COLLECTIVE
CIS COLLECTIVE
USMISSION USVIENNA
C O N F I D E N T I A L SECTION 01 OF 03 ASHGABAT 002612 

STATE FOR EUR/CEN
USMISSION USVIENNA FOR USREP OSCE

E.O. 12958: DECL: 9/01/06
TAGS: PREL PHUM EAID OSCE TX XG
SUBJECT: USREP BROWN MEETING WITH MEMBERS OF TURKMEN
PARLIAMENT CONCERNING INSTITUTE FOR DEMOCRACY AND HUMAN
RIGHTS

C O N F I D E N T I A L SECTION 01 OF 03 ASHGABAT 002612

STATE FOR EUR/CEN
USMISSION USVIENNA FOR USREP OSCE

E.O. 12958: DECL: 9/01/06
TAGS: PREL PHUM EAID OSCE TX XG
SUBJECT: USREP BROWN MEETING WITH MEMBERS OF TURKMEN
PARLIAMENT CONCERNING INSTITUTE FOR DEMOCRACY AND HUMAN
RIGHTS


1. (U) CLASSIFIED BY CHARGE TATIANA C. GFOELLER.
REASON: 1.5 D.


2. (C) SUMMARY: ON AUGUST 30 US OSCE REPRESENTATIVE
SAM BROWN MET WITH THE TWO TURKMEN PARLIAMENTARIANS
DESIGNATED TO MANAGE THE GOTX'S INSTITUTE FOR DEMOCRACY
AND HUMAN RIGHTS -- VLADIMIR KADYROV AND RASHID
MEREDOV. AMBASSADOR, DCM, AND POLECONOFF (NOTETAKER)
ALSO ATTENDED. KADYROV EXPLAINED THAT THE CLOSE
ASSOCIATION OF TURKMENISTAN'S EXECUTIVE AND LEGISLATIVE
BRANCHES WAS INDICATIVE OF THE COUNTRY'S "TRANSITIONAL"
STATUS. EVENTUALLY, HE HOPED THAT TURKMENISTAN WOULD
SERVE AS A REGIONAL CENTER AND MODEL FOR DEMOCRATIC
REFORM AND MARKET ECONOMICS. HE ENVISIONED THE
INSTITUTE AS PLAYING A STRONG ROLE IN THIS TRANSITION
BY PROVIDING "SCIENTIFIC" ANALYSES OF THE KINDS OF
LEGISLATION THAT PROMOTE DEMOCRATIZATION AND THE
PROTECTION OF HUMAN RIGHTS. ARMED WITH THIS
INFORMATION AND FACTORING IN TURKMENISTAN'S PARTICULAR
SITUATION AS A CENTRAL ASIAN COUNTRY AND ITS
"OBLIGATIONS AS A NEUTRAL COUNTRY," PARLIAMENTARIANS
(WITH THE ASSISTANCE OF INSTITUTE STAFF AND PERHAPS,
OUTSIDE EXPERTS, AS WELL) WOULD BE ABLE TO DRAFT
APPROPRIATE LEGISLATION. THE GOAL WOULD BE ACHIEVEMENT
OF CIVIL AND COMMERCIAL CODES CONSISTENT WITH
TURKMENISTAN'S INTERNATIONAL OBLIGATIONS, BUT TAILORED
TO TURKMENISTAN'S PLACE IN THE WORLD.


3. (C) USREP BROWN RESPONDED THAT MANY BELIEVE THAT
TURKMENISTAN HAS NOT LIVED UP TO ITS INTERNATIONAL
COMMITMENTS. HE SAID HE ALSO HOPED THAT THE INSTITUTE
WOULD BECOME A CATALYST FOR DEMOCRATIZATION AND THE
PROTECTION OF HUMAN RIGHTS, BUT WARNED THAT PEOPLE WILL
JUDGE THE INSTITUTE AND THE GOTX BY THEIR DEEDS, NOT BY
THEIR WORDS. NOTING THAT BOTH THE U.S. AND THE GOTX
WANT THE INSTITUTE TO BE ESTABLISHED AND THAT THE U.S.
IS PREPARED TO SEEK OSCE AND OTHER ASSISTANCE, HE
DESCRIBED THE TASK THAT LIES AHEAD AS "NOT
COMPLICATED." NOW, "WE JUST NEED TO DO IT," HE SAID.
END SUMMARY.

--------------
OPENING REMARKS
--------------


4. (C) FOLLOWING HIS AUGUST 30 MEETING WITH PRESIDENT
NIYAZOV, USREP TO THE OSCE SAM BROWN DISCUSSED THE

INSTITUTE FOR DEMOCRACY AND HUMAN RIGHTS WITH THE TWO
MEN CHARGED WITH LAUNCHING THE ORGANIZATION -- MEJLIS
MEMBERS VLADIMIR KADYROV AND RASHID MEREDOV. KADYROV
OPENED THE MEETING BY REMARKING THAT THE MEJLIS AND THE
CABINET OF MINISTERS HAVE OFFICES IN THE SAME BUILDING.
HE DESCRIBED THIS AS SYMBOLIC OF THE WAY THE TWO
BRANCHES WORK TOGETHER "IN THIS TRANSITIONAL PERIOD."
USREP RESPONDED THAT PRESIDENT NIYAZOV HAD SPOKEN OF
THE NEED FOR THE DEVELOPMENT OF INDEPENDENT EXECUTIVE
AND LEGISLATIVE BRANCHES. HE EXPRESSED HIS GREAT
INTEREST IN SEEING HOW THIS DEVELOPMENT TAKES PLACE AND
WHAT ROLE THE INSTITUTE CAN PLAY IN THIS PROCESS. HE
SAID HE THOUGHT KADYROV AND MEREDOV HAD BEEN ENTRUSTED
WITH A GREAT RESPONSIBILITY.

--------------
KADYROV'S REMARKS
--------------


5. (C) KADYROV THEN LAUNCHED INTO A LONG MONOLOGUE ON
HIS VISION OF THE INSTITUTE. HE EXPRESSED HIS HOPE
THAT IT WOULD HELP MAKE TURKMENISTAN "A MODERN COUNTRY"
WITH "A DEMOCRATIC SOCIETY" AND A SYSTEM OF "MARKET
RELATIONS." WITH THE AID OF THE INSTITUTE, AND
CONSISTENT WITH ITS "ADDED RESPONSIBILITY" AS A NEUTRAL
STATE, TURKMENISTAN COULD BECOME A "REGIONAL CENTER FOR
DEMOCRATIC REFORM AND MARKET ECONOMICS." THE INSTITUTE
WOULD SERVE AS A "SCIENTIFIC AND TECHNICAL CENTER" FOR
THE STUDY OF DEMOCRACY AND HUMAN RIGHTS. IN
IDENTIFYING WHAT POLICIES AND LEGISLATION FOSTER
DEMOCRATIZATION AND HUMAN RIGHTS, IT WOULD TAKE INTO
ACCOUNT THE NATURE OF THE REGION. HE ELABORATED, "WE
ARE PART OF THIS REGION. WE SHOULD COOPERATE WITH THE
COUNTRIES AROUND US."


6. (C) KADYROV THEN OUTLINED THE PARTICULAR
RESPONSIBILITIES OF THE INSTITUTE: (1) TO PROVIDE
"SCIENTIFIC" ANALYSES (2) TO DETERMINE WHAT LEGAL
CONDITIONS ARE NECESSARY TO FOSTER MAXIMUM PROTECTION
OF HUMAN RIGHTS (3) TO DRAFT LAWS TO IMPROVE WORKING
CONDITIONS AND TO TRANSFORM THE ORGANIZATIONAL
STRUCTURE OF THE GOVERNMENT FROM A (PARTIALLY) SOVIET
STRUCTURE INTO A DEMOCRATIC STRUCTURE (4) TO CONSIDER
WHAT STEPS THE GOTX NEEDS TO TAKE TO FULFILL ITS
INTERNATIONAL OBLIGATIONS, INCLUDING ITS OBLIGATIONS AS
"A NEUTRAL STATE." ASSERTING THAT THE TURKMEN
CONSTITUTION ALREADY SAYS THAT THE MEJLIS SHOULD ENSURE
THAT TURKMEN LAWS ARE CONSISTENT WITH INTERNATIONAL
LAW, HE STATED THAT THE MEJLIS IS ALREADY WORKING TO
RECONCILE ITS LAWS TO INTERNATIONAL LAW. HE ADDED THAT
U.S. AND EU EXPERTS HAVE PROVIDED SOME ASSISTANCE TO
THE MEJLIS IN ITS EFFORTS TO DRAFT COMPREHENSIVE CIVIL
AND COMMERCIAL CODES.


7. (C) HE CITED THE DIFFICULTY MEJLIS MEMBERS FACE IN
TACKLING THIS ENORMOUS TASK: THEY LACK STAFF TO ASSIST
THEM IN DRAFTING LEGISLATION. INSTITUTE STAFFERS COULD
PLAY THAT ROLE.

--------------
USREP BROWN'S RESPONSE
--------------


8. (C) USREP RESPONDED BY RECALLING THAT BOTH THE
PRESIDENT AND THE FOREIGN MINISTER HAD INFORMED HIM
THAT THEY HAD SELECTED AS LEADERS OF THE INSTITUTE TOP-
NOTCH PEOPLE -- PEOPLE WHO COULD MAKE IT WORK.
THEREFORE, USREP STATED, HE FELT HE COULD SPEAK
FRANKLY, SAYING "WE KNOW TURKMENISTAN IS LOCATED IN A
PARTICULAR REGIONAL CONTEXT WITH PARTICULAR PRESSURES,
BUT TURKMENISTAN ALSO EXISTS IN A BROADER INTERNATIONAL
CONTEXT. AND THERE, TURKMENISTAN HAS MADE COMMITMENTS"
-- INCLUDING IN THE CONTEXT OF ITS MEMBERSHIP IN THE
OSCE AND IN ACCORDANCE WITH THE HELSINKI ACCORDS -- "TO
GIVE CERTAIN RIGHTS TO PEOPLE, BOTH INDIVIDUALLY AND
SOCIALLY." THESE INCLUDE FREEDOM FROM ARBITRARY
ARREST, PROTECTION IN ONE'S OWN HOME, AND FREEDOMS OF
MOVEMENT, OF THE PRESS, OF ASSEMBLY, AND OF SPEECH.
NEVERTHELESS, "IN VIENNA MANY PEOPLE THINK TURKMENISTAN
HAS NOT LIVED UP TO ITS COMMITMENTS" IN INTERNATIONAL
AGREEMENTS. "SO, HOW YOU DEAL WITH INTERNAL PROBLEMS
OF DEMOCRATIZATION, ALSO HAS INTERNATIONAL
RAMIFICATIONS." THE INTERNATIONAL COMMUNITY'S VIEW OF
TURKMENISTAN "DEPENDS ON IMPLEMENTATION OF THOSE
AGREEMENTS."


9. (C) USREP CHARACTERIZED THE ESTABLISHMENT OF THE
INSTITUTE AS AN IMPORTANT STEP TOWARDS FULFILLING
TURKMENISTAN'S INTERNATIONAL COMMITMENTS. HE WELCOMED
PRESIDENT NIYAZOV'S ASSURANCES THAT THE INSTITUTE WOULD
BE INDEPENDENT, ASSERTING THAT THIS WOULD BE CENTRAL TO
ITS SUCCESS. HE ALSO WELCOMED THE PRESIDENT'S OPENNESS
TO OSCE ASSISTANCE. BUT HE WARNED THAT THE PROCESS OF
ESTABLISHING AND RUNNING THE INSTITUTE "WOULD NOT BE A
PAINLESS PROCESS." SOME WOULD UNDOUBTEDLY WANT TO
CONTINUE TO RESTRICT CERTAIN ACTIVITIES OR EVEN
RESTRICT FREEDOMS TURKMENISTAN HAS ALREADY AGREED TO
PROTECT. THE LEADERS OF THE INSTITUTE WOULD HAVE TO
GUARD AGAINST SUCH EFFORTS.


10. (C) USREP EXPRESSED HIS OPTIMISM THAT THE U.S. AND
TURKMENISTAN WOULD BE ABLE TO CONVINCE THE OSCE TO
FINANCE THE PROVISION OF EXPERTS TO ASSIST THE
INSTITUTE. HE ENCOURAGED KADYROV AND MEREDOV TO STAY
IN CLOSE COMMUNICATION WITH THE U.S. EMBASSY TO ENSURE
THAT "WE CAN MAKE IT HAPPEN IN VIENNA." THE TASK IS
"NOT COMPLICATED." BOTH THE U.S. AND THE GOTX WANT
THIS. "WE JUST NEED TO DO IT. IT'S STRAIGHTFORWARD.
YOU JUST NEED TO GET STARTED."

--------------
KADYROV AND MEREDOV'S COMMENTS ON COOPERATION
--------------


11. (C) MEREDOV STATED THAT NIYAZOV'S IDEA IN DECIDING
(IN DECEMBER 1995) TO CREATE THE INSTITUTE WAS TO
FULFILL ALL THE OBLIGATIONS ON HUMAN RIGHTS AND
DEMOCRATIZATION INHERENT IN TURKMENISTAN'S
INTERNATIONALLY-RECOGNIZED STATUS AS A NEUTRAL STATE.
IN THIS REGARD, THE INSTITUTE WOULD COOPERATE CLOSELY
WITH NON-GOVERNMENTAL ORGANIZATIONS AND WITH
INTERNATIONAL ORGANIZATIONS. KADYROV CHARACTERIZED
RELATIONS WITH THE EMBASSY AS GOOD AND COMMENTED ON THE
USEFULNESS OF THE NET PROGRAM, WHICH PROVIDED
ASSISTANCE ENABLING MORE THAN 20 MEJLIS MEMBERS TO
TRAVEL TO THE UNITED STATES AND TO BECOME "ACQUAINTED
WITH INTERNATIONAL LAWS." AMBASSADOR INTERJECTED THAT
WE MIGHT BE ABLE TO PROVIDE ADDITIONAL ASSISTANCE ALONG
THOSE LINES. HE SUGGESTED THAT KADYROV AND MEREDOV
ADVISE US WHEN THEY IDENTIFY COMMITTEE CHAIRMEN OR
OTHER KEY INSTITUTE STAFF.


12. (C) IN CLOSING, KADYROV SAID "SOON THE INSTITUTE
WILL BE OPEN, BUT THE PROCESS OF DEVELOPING THE
INSTITUTE TO MAKE IT A REAL INSTITUTE WILL TAKE TIME."
HE PREDICTED "WE WILL HAVE LOTS OF PROBLEMS" IN GETTING
UNDERWAY AND WILL NEED "LOTS OF ASSISTANCE. EVEN WHEN
WE ARE OPERATING AT FULL POTENTIAL WE WILL NEED THE
HELP OF THE U.S. AND OTHERS." BUT, HE ADDED, "WE THINK
THE INSTITUTE WILL BECOME THE MOST IMPORTANT INSTITUTE
IN THIS REGION" FOR PROTECTING HUMAN RIGHTS AND
BUILDING DEMOCRACY.

--------------
USREP BROWN'S RESPONSE
--------------


13. (C) USREP GAVE A MORE MEASURED ASSESSMENT, SAYING
THAT HE THOUGHT THE INSTITUTE COULD BE A MODEL, BUT
THAT THE TRUE TEST OF THE INSTITUTE IN THE EYES OF
OTHERS WOULD BE WHETHER IT SUCCEEDS IN "CHANGING
TURKMENISTAN'S CIRCUMSTANCES." IF IT ACCOMPLISHES
THAT, IT WILL HAVE GREAT INFLUENCE; IF IT DOES NOT, IT
WILL HAVE NO INFLUENCE.

GFOELLER