Cablegate: Turkmenistan: German Experts Press Legal Reform

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DE RUEHAH #1079/01 2781142
ZNR UUUUU ZZH
P 051142Z OCT 07
FM AMEMBASSY ASHGABAT
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UNCLAS SECTION 01 OF 02 ASHGABAT 001079

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SENSITIVE
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STATE FOR SCA/CEN, DRL

E.O. 12958: N/A
TAGS: PGOV PREL PHUM EAID KDEM TX
SUBJECT: TURKMENISTAN: GERMAN EXPERTS PRESS LEGAL REFORM
VIA "EXCHANGE OF OPINIONS"

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

2. (SBU) SUMMARY: A German academic delegation from the
German Association for Technical Cooperation visited Ashgabat
the week of October 1 to hold a roundtable with a number of
Turkmenistan's ministries and government agencies directed
towards helping the Government of Turkmenistan map out a plan
of legal reform. While the group's roundtable was not the
smooth-sailing, outcomes-oriented event that had been
planned, the fact that the event took place at all is a
considerable step forward. The event did not achieve the
roadmap or consensus the delegation sought, but GTZ plans to
move forward with an MOU and a winter strategic planning
conference anyway. END SUMMARY.

3. (SBU) The German Association for Technical Cooperation
(GTZ) has proposed a legal reform project supported by the
German Ministry for Economic Cooperation and Development.
The delegates, including Rolf Knieper, a trusted, long-time
advisor to the Turkmen government on legal affairs, and GTZ's
regional chief, were in Ashgabat the week of October 1 to
hold a roundtable to review a paper draft that GTZ had
written after several fact-finding visits to Ashgabat in
Spring 2007. The whole project evolved as a response to a
Turkmenistan government request that the German government
undertake a survey of Turkmenistan's legal and justice
system. The MFA had approved the roundtable, albeit only a
day prior to the event, and refused to allow GTZ to invite
representatives of international assistance organizations
active in Turkmenistan.

4. (SBU) The GTZ representatives had intended to use their
roundtable to conduct a dialogue on next steps with members
of the ministries and agencies who attended. Although the
roundtable was well publicized, it did not lead to the active
discussion that GTZ had hoped for. Institute for Democracy
and Human Rights Director Shirin Ahmedova, who double-hats as
the Chairman of the newly established Human Rights
Commission, and a senior MFA representative briefly commented
after the group had reviewed each section of the report. GTZ
proposed to draft an MOU, the specifics of which will be
discussed during a conference it hopes to hold in December or
early 2008.

5. (SBU) GTZ representatives had requested the MFA send
advance copies of GTZ's final report draft ahead of5time to
participating ministries and agencies, but most attendees
from agencies such as the MFA, Justice, Interior Ministry,
the Prosecutor's Office, MNB, and the Institute for Democracy
and Human Rights did not receive their copies until they
arrived at the roundtable. Further, GTZ representatives were
piqued that the conclusion section of their draft,
"translated" by the MFA, had been altered, to include
statements praising President Berdimuhamedov's reforms. The
MFA renamed the event an "exchange of opinions" rather than a
"roundtable." GTZ, subsequently, changed the report's name
from "GTZ Report" to "Report by German Experts with
Turkmenistan's Input."

6. (SBU) Despite these issues, GTZ plans to move forward in
hopes of convincing the government to accept its assistance
in initiating legal reform, including in criminal procedures,
and international investment and arbitration. GTZ
highlighted the need for donor coordination, and indicated
that it will work closely with USAID, OSCE, ABA/CEELI, and
others to reduce duplication, in light of already overlapping
requests for assistance (NOTE: The OSCE representative
indicated that the government had also requested assistance
from his office on criminal procedure reform. END NOTE.)

7. (SBU) COMMENT: Notwithstanding the problems that

ASHGABAT 00001079 002 OF 002

occurred, the fact that the roundtable on legal reform took
place at all is a significant development that would not have
happened here a year ago. GTZ's draft report provides a
blunt assessment of where Turkmenistan is, and the reforms it
must undertake to move towards enforcing rule of law and
democratization. Given the government's hesitant
participation in the roundtable, it seems likely that the
process of moving toward specific legal reform projects will
unfold only gradually. END COMMENT.
HOAGLAND

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