New Law in Turkmenistan Cracks Down on Civic Groups

On November 18, many activists in Turkmenistan received a telephone invitation to a meeting at the autocratic country's Ministry of Fairness. The ministry, whose name is a substitute for the Ministry of Justice, wanted to discuss the implementation of the new, draconian law "On Public Associations," which would enter into force six days later. Ministry officials appeared nervous and unprepared for the big influx of visitors. The presentation on the new law and the answers to questions left activists unsatisfied.

Most of the 35 people who attended worked with nongovernmental organizations (NGOs) that the Ministry had refused to register under one pretext or another. In the fall of 2001, using this same guest list, the Ministry of Justice had called them in one by one for talks with the Chief Prosecutor, where they were notified that unregistered public activities were prohibited.

At the 2003 meeting, the NGOs tried to pursue the contradictions and apparent absurdities connected with the new law. First, the law was signed on October 21, but published only six days before it was scheduled to become binding. More important, it imposes new criminalization on activities of unregistered public associations and new legal responsibility on the individual members of such organizations. This idea- holding people accountable for an organization's acts- contradicts the Constitution of Turkmenistan and violates the fundamental human right to association, enshrined in international law. The legislation of several other states with "controlled democracy," including Belarus, Kazakhstan, and Uzbekistan, does not go as far to limit free association. [For background see the Eurasia Insight archive].

The new law envisions drastic penalties for these newly defined crimes. Activists may be fined, sentenced to up to one year of "corrective labor" or sent to jail for up to six months, and authorities may confiscate an organization's equipment. But the law doubles penalties for what its administrators perceive as bad intentions. Specifically, the law states: "The use of participation in public associations to achieve mercenary and other base motives, as well as the achievement of other illegal activities directed toward a flagrant violation of the rights and freedoms of citizens, legal interests of state organs of power and administration will be punishable by fines from ten to thirty times the average salary for labor, or corrective labor for up to two years, or imprisonment for up to one year."

In light of these severe measures, the NGO representatives wanted to know if existing organizations would be able to register, or if officials would again arbitrarily deny registrations. Ministry officials gave invitees no direct answers. Instead, they told guests either to read the specific article of the law or to address their questions to various other government agencies, such as the tax authority.

Few guests could have felt encouraged about their prospects when officials asked them to fill out a form with the curious title "Survey for Leaders of Unregistered NGOs." The form required information about the names of their members and the sources of their funding. On the back of the form, each person was asked to sign to confirm that the law "On Public Associations" had been explained to them and that, "in the case of violation of the provisions of this law, [they had] been notified of responsibility, which is stipulated in the legislation of Turkmenistan." In spite of pressure from the staff of the Ministry of Justice, not one participant signed the survey.

Minister of Fairness Taganmurat Gochyev, trying to aid his confused employees, further muddied administrative and legal questions. As he explained it, the procedure for registration will depend on agreement with a relevant "specialized" ministry. The Ministry of the Environment would decide on registering environmental groups, the Ministry of Education would judge educational groups, and so on. Gochyev said the government would even gather similarly profiled organizations to "consolidate" and "unite" them. In response to the comment that none of this is mentioned in any article of the law, the Minister of Justice dryly answered that "it was necessary to read between the lines."

Gochyev added that registration may be denied for reasons not stipulated in the law, adding that "grounds for rejection can always be found." He announced that if NGO representatives refused to sign the "survey," Ministry officials would come to their homes and require them to fill them out. Several such visits have already been reported, in Ashgabat and elsewhere. Since the meeting, NGOs including ones representing pensioners and dog breeders have come to understand that they cannot lawfully meet.

On November 20, the Ministry of Justice initiated legal proceedings against the Dashoguz Ecology Club. Ministry lawyers claimed the club has operated for eleven years without sending them a report. However, the demand for reporting was stipulated only in the new law, which went into effect on November 21. While a court should have found itself in the difficult position of being asked to do the impossible—that is, to dissolve an organization according to a law that was not yet applicable—on November 24, the Ministry won its case. Although the ruling is now being appealed, the decision sets a dangerous precedent for other NGOs and for civil society more generally in the country.

The new law seems likely to threaten several Turkmenistani NGOs. "I am concerned about the future of unregistered associations as the new law explicitly prohibits [their] activities," said Natalia Bourjaily, a vice president of the International Center for Not for Profit Law. "This is a change from the previous law and prior. In a country where very few public associations have been registered in the last two years, the ability to legally operate was critical for these informal associations. Such a prohibition directly violates the rights of citizens to freely associate, and contradicts international law and practice." Douglas Davidson, charges d'affaires at the United States mission to the Organization for Security and Cooperation in Europe, urged Turkmenistan to adopt more humane laws, but the United States has not threatened sanctions over the new law.

The law's threatening entrance suggests that several branches of state power are campaigning jointly against NGOs. Some are acting on orders from authorities above them; others may be pursuing their own interests. The Ministry of the Environment may be behind the startling attempt to connect the "the Dashoguz Ecological Club affair" to a general campaign. Bureaucrats participating in the campaign appear not to understand that their violation of the law—as poor as it is—is being observed and documented.