Committee on the Elimination of Racial Discrimination

Combined twelfth and thirteenth reports submitted by Turkmenistan under article 9 of the Convention, due in 2019 *

[Date received: 30 October 2019]

I.Introduction

1.This report is submitted pursuant to article 9 (1) of the International Convention on the Elimination of All Forms of Racial Discrimination and has been prepared in accordance with the general guidelines on the form and content of reports to be submitted by States parties.

2.Turkmenistan ratified the Convention on 23 September 1994 and, in 2004, submitted its combined initial and second to fifth periodic reports, which were reviewed at the sixty-seventh session of the Committee on the Elimination of Racial Discrimination in August 2005.

3.In 2010, Turkmenistan submitted its combined sixth and seventh periodic reports (CERD/C/TKM/6-7), which were reviewed at the Committee’s 2143rd and 2144th meetings (CERD/C/SR.2143 and CERD/C/SR.2144), held on 23 and 24 February 2012. The Committee adopted its concluding observations at the 2163rd meeting (CERD/C/SR.2163) of its eightieth session, held on 8 March 2012.

4.In November 2015, Turkmenistan submitted its combined eighth to eleventh periodic reports, which were reviewed at the Committee’s meetings of 30 November and 1 December 2016. The Committee adopted its concluding observations at its 2512th and 2513th meetings, held on 7 and 8 December 2016.

5.This report covers the period from 2016 to 2019 and contains information on key legislative, judicial, administrative and practical measures adopted since the submission of the previous report in 2015 that are directly related to the provisions of the Convention. The Committee’s concluding observations adopted following the consideration of the periodic report were taken into account in its preparation.

6.The report was drawn up by Interdepartmental Commission on Compliance with the International Obligations Undertaken by Turkmenistan in the Field of Human Rights and International Humanitarian Law.

7.The information contained in the report was submitted by the relevant ministries, departments and voluntary associations of Turkmenistan.

8.The Interdepartmental Commission held a number of meetings and consultations with international experts invited by United Nations agencies.

9.The draft report was circulated to ministries, departments and voluntary associations with responsibility for the protection and implementation of citizens’ rights, and their comments and recommendations were taken into consideration for the final version.

10.The draft report was discussed at a round-table meeting attended by representatives of the Interdepartmental Commission. The results of the discussion were taken into account for the preparation of the final version of the report.

II.Information on the implementation of the Committee’s concluding observations adopted following the consideration of the combined eighth to eleventh periodic reports of Turkmenistan

Follow-up information relating to paragraphs 4 and 5 of the concluding observations (CERD/C/TKM/CO/8-11)

11.Comprehensive statistical data on the ethnic composition of the population of Turkmenistan, based on self-identification and on the ethnic composition of numerically smaller groups, including the information requested by the Committee on the number of Luli/Roma persons, can be obtained from the census data.

12.According to the national population and housing census, the population of Turkmenistan in 2012 was composed as follows: 85.05 per cent of people were Turkmen, 9.68 per cent were Uzbek, 2.2 per cent were Russian, 1.01 per cent were Balochi, 0.51 per cent were Azerbaijani, 0.37 per cent were Kazakh, 0.32 per cent were Armenian, 0.21 per cent were Tatar, 0.17 per cent were Persian, 0.07 per cent were Kurdish, 0.06 per cent were Ukrainian, 0.05 per cent were Lezghin, 0.04 per cent were Karakalpak, 0.03 per cent were Afghan, 0.02 per cent were Korean, 0.0004 per cent were Luli/Roma, and 0.21 per cent were of other ethnicities.

13.New statistical data about the ethnic composition of Turkmenistan will be available from the national population and housing census, which will be taken pursuant to Presidential Decision No. 410 of 25 October 2017 on the conduct of a full national population and housing census in 2022.

14.In 2019, the State Statistics Committee, jointly with the United Nations Children’s Fund (UNICEF), carried out the sixth round of the multiple indicator cluster survey on the situation of children and mothers. With the active involvement of international experts from UNICEF, the survey questionnaire was broadened to include Sustainable Development Goal indicators and standards established under international conventions ratified by Turkmenistan. For example, the questionnaire included a new module entitled “Victimization”, which covered questions about discrimination on the following grounds:

•Ethnic background or immigrant status

•Sex

•Sexual orientation

•Age

•Religion or belief

•Disability

•Other

15.The survey results will be available after an expert assessment of the microdata by UNICEF experts in November 2019.

16.The statistical data obtained through the multiple indicator cluster survey will be publicly accessible to both government agencies and civil society actors. Members of ethnic minorities will also benefit from the results. The UNICEF survey will facilitate the updating of the data on matters covered by the Convention.

17.Statistics on persons employed in the different sectors of the Turkmen economy and social statistics do not include data on the ethnicity of citizens, since all citizens, including ethnic minorities, have the right to equal participation both in the workforce and in the pension and social security systems.

18.According to data from the country’s employment service departments, which deal with matters relating to the employment of citizens, persons of Turkmen ethnicity accounted for 90 per cent of persons registered with the services, Uzbeks accounted for 6 per cent, Russians for 1 per cent, Balochis for 1 per cent and persons of other ethnicities for 2 per cent.

19.The number of internal affairs officials from other ethnicities is 5.3 per cent of the total.

20.Annexes 1 and 2 to this report contain statistical information about the ethnic and gender breakdown of personnel in the judicial system and the judiciary. Foreign nationals in Turkmenistan are entitled to apply to courts and other public authorities in addition to the diplomatic missions and consular offices of their own countries for protection of their personal, property and other rights (Legal Status of Foreign Nationals in Turkmenistan Act, art. 21).

21.Convicted prisoners may not be discriminated against on grounds of ethnicity, race, sex, origin, financial or official status, place of residence, language, religion, political convictions or party affiliation or lack thereof (Penalties Enforcement Code, art. 3). The State guarantees the protection of the rights, freedoms and lawful interests of convicted persons and ensures that the conditions established by law for the serving of sentences and the application of other corrective measures are met and that social justice is respected. Convicted foreign nationals have the right to maintain contact with the diplomatic missions and consular offices of their country of citizenship. Citizens of countries without such missions in Turkmenistan and stateless persons have the right to maintain contact with diplomatic representatives of countries that have undertaken to safeguard their interests, or with any national or international bodies that are concerned with their protection (Penalties Enforcement Code, art. 10). Convicted foreign nationals serving a sentence in a place of detention are able to meet with the diplomatic and consular representatives of their country of citizenship. Citizens of countries without diplomatic or consular missions in Turkmenistan and stateless persons may meet with the diplomatic representatives of countries that have undertaken to safeguard their interests, or with the representatives of any national or international bodies that are concerned with their protection (Penalties Enforcement Code, art. 60).

22.In August 2020, the number of foreign nationals held in places of detention was 1.4 per cent of the total number of persons serving a sentence. The law on annual amnesties was adopted to make national public life more humane. Under this law, the President issues orders to pardon persons sentenced to deprivation of liberty several times a year. Over the past three years (2016 to 2018), 410 foreign nationals serving sentences in places of detention have been granted an amnesty.

Follow-up information relating to paragraphs 6 and 7 of the concluding observations

23.The criminal law criminalizes the direct or indirect violation or restriction of human and civil rights and freedoms on grounds of ethnicity, race, sex, origin, property, official status, place of residence, language, attitude to religion, political views, party affiliation or lack thereof, if such acts have serious consequences (Criminal Code, art. 145). One of the main aggravating factors in sentencing is the commission of a criminal offence for political, social or ethnic reasons or motivated by racial or religious hatred or enmity (art. 58).

24.The Constitution guarantees equal human and civil rights and freedoms and the equality of citizens before the law, irrespective of ethnicity, colour, sex, origin, property or official status, place of residence, language, attitude to religion, political views or any other circumstances (art. 28). As the wording of article 28 makes clear, the list of grounds for discrimination is not exhaustive. The Constitution is the basic law of the State. The rules and provisions set forth in it have a direct effect. This means that courts may take this constitutional provision into account when they try cases under article 145 of the Criminal Code and hand down their decisions. Moreover, in November 1995, Turkmenistan became a party to the Vienna Convention on the Law of Treaties. Like the International Treaties of Turkmenistan Act, this Convention allows for the rules of an international treaty to prevail over a national law in the event of a discrepancy between the two instruments.

25.The rules of international law are successfully incorporated into national legislation. Based on this work, clear new objectives for the further reform of national legislation have been set and are being realized, to ensure full compliance with international obligations and standards on human rights, including as regards the eradication of all forms of racial discrimination.

26.Over the reporting period, in line with the new Constitution and international human rights conventions, the Mejlis, the parliament of Turkmenistan, amended a number of laws (including the Personal Information and Protection of Personal Information Act, the Education Act, the National Youth Policy Act and the Culture Act), guaranteeing equality, within the scope of each law, regardless of ethnicity, colour, sex, origin, property and official status, place of residence, language, attitude to religion, political views, age, state of health or other circumstances.

27.The improvement of criminal legislation is a priority for the legislative activity of the national parliament. Work is under way in the Mejlis to draft a new version of the Criminal Code in order to bring it into line with international conventions ratified by Turkmenistan, recommendations from the human rights treaty bodies based on the national reports of Turkmenistan and the new Constitution.

Follow-up information relating to paragraphs 8 and 9 of the concluding observations

28.Turkmenistan guarantees equal human and civil rights and freedoms and the equality of citizens before the law, irrespective of ethnicity, colour, sex, origin, property or official status, place of residence, language, attitude to religion, political views or any other circumstances (Constitution, art. 28).

29.Article 177 of the Criminal Code (Incitement to social, ethnic or religious hatred) does not restrict freedom of expression. Pursuant to article 25 of the Constitution, civil and human rights and freedoms are recognized in Turkmenistan in accordance with the generally accepted rules of international law and are guaranteed by the Constitution and other laws. The right to freedom of thought and expression is guaranteed for all. No one has the right to prohibit a person from freely expressing his or her opinions or prevent their dissemination in accordance with the law (Constitution, art. 42).

30.The main purpose of article 177 of the Criminal Code is to prevent the commission of deliberate acts intended to incite social, national, ethnic, racial or religious hatred or enmity, to demean any ethnic group or to advocate for the supremacy or inferiority of citizens on the grounds of their religious affiliation or their social, ethnic or racial background and to ensure the prosecution of persons who commit such offences.

31.The national parliament, taking into consideration the recommendations made by the Committee, is currently studying international experience and best practices from other countries in order to bring the national law into line with the Convention. Article 4 of the Convention obliges States parties to criminalize all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof.

32.As mentioned above, work is under way in the Mejlis to draft a new version of the Criminal Code in order to bring it into line with international conventions ratified by Turkmenistan, recommendations from the human rights treaty bodies based on the national reports of Turkmenistan and the new Constitution.

Follow-up information relating to paragraphs 10 and 11 of the concluding observations

33.Since its independence, Turkmenistan has pursued an active policy aimed at the establishment and fulfilment of equal human and civil rights and freedoms.

34.The Constitution plays an important role in improvement of the country’s political system and the legal foundations of that system. A new version was adopted on 14 September 2016. It provides that society and the State place the highest value on human beings and their protection and that the main task of government is to support and serve them. The Constitution also establishes the rule of law and the inviolability and inalienability of human rights and freedoms.

35.As a legal framework, the Constitution includes the main provisions of international human rights conventions and declarations.

36.The principle of equal rights and freedoms for all citizens is one of the cornerstones of the Constitution.

37.Based on the President’s initiative promoting the introduction of the Office of Commissioner for Human Rights, one of the main additions to the new Constitution was a provision on the establishment of the position and the procedure for election to it.

38.In accordance with article 71 (7) of the Constitution, the President introduces in the Mejlis a proposal to elect a Commissioner for Human Rights, while, in accordance with article 81 (8), the Mejlis elects the Commissioner on the proposal of the President. The introduction of this provision reaffirms the priority given to human rights and freedoms in Turkmenistan.

39.The Ombudsman Act was adopted in November 2016. International organizations were involved in the drafting process and the best practices of several foreign countries were taken into consideration. The Act was elaborated in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) and provides the Ombudsman with guarantees of institutional independence and a broad mandate. Under the Act, the Mejlis elects the Ombudsman for a five-year term from among the three candidates proposed by the President of Turkmenistan by means of a secret ballot, by a simple majority. If the Mejlis does not come to a decision on the election of the Ombudsman, the President proposes a further three candidates to the Mejlis within 15 days. The candidacies for Ombudsman are presented to the Mejlis at least one month before the end of the previous Ombudsman’s term of office. The election or discontinuation of the mandate of the Ombudsman is reported in the media in Turkmenistan.

40.The office of Ombudsman was established in accordance with the Constitution in order to guarantee State protection for human and civil rights and freedoms and ensure that central and local government agencies and officials uphold and respect these rights and freedoms.

41.The Ombudsman Act regulates the principles and safeguards in respect of the Ombudsman’s activities and his or her powers and main duties. The distinguishing feature of the Office of Ombudsman is the independence and autonomy from any government agency or official in the exercise of the mandate. Interference in the Ombudsman’s work with the intention of influencing his or her decisions or actions and the obstruction of the Ombudsman’s work are offences under national law.

42.In accordance with the Presidential Decree on the establishment of the Office of the Ombudsman, the Government has supplied the Office with all the equipment needed for its work. The Ombudsman Act provides that the work of the Ombudsman and the Office are funded from the national budget, which includes annual allocations for the necessary resources. The Ombudsman independently produces and carries out a cost plan. Under the same article, additional funding for the work of the Ombudsman and the Office may be obtained from foreign States and international organizations on the basis of agreements concluded by Turkmenistan and from other sources not prohibited by national law.

43.Under the Act, the Ombudsman is granted broad powers, namely the power to:

•Freely and without prior notification visit any State bodies, local government bodies, enterprises, institutions or organizations, irrespective of the form in which they are legally constituted or their form of ownership, as well as correctional and other specialized institutions, pretrial detention centres, detention facilities, the armed forces of Turkmenistan and other forces and military institutions, and conduct inspections of their operations, either independently or jointly with competent State bodies, officials or civil servants

•Request and receive from officials of State bodies, local government bodies, enterprises, institutions or organizations, irrespective of the form in which they are legally constituted or their form of ownership, required documentation, case files and other information and clarifications

•Instruct the competent government authorities and academic institutions to conduct expert studies on issues that arise

•Address proposals to independent State bodies or officials for the initiation of disciplinary, administrative or criminal proceedings against an official who has violated human rights and freedoms

•Exercise other powers provided for by the Act and other laws and regulations of Turkmenistan

44.The main functions of the Ombudsman are to promote human and civil rights and freedoms, as well as the restoration of rights that have been violated, the ratification of relevant international treaties, the improvement of national legislation and of the legal knowledge of citizens regarding human and civil rights and freedoms and the forms and methods of their protection, cooperation by national government agencies in the protection of human and civil rights and freedoms and the development and coordination of international cooperation in human and civil rights and freedoms. In the exercise of his or her mandate, the Ombudsman gathers and analyses information obtained from central and local government agencies, companies, institutions and organizations with all forms of ownership and legal and organizational status, private individuals and the media.

45.The Ombudsman submits an annual report to the President concerning his or her activities and the human rights situation in the country and presents the report to the Mejlis. The annual report of the Ombudsman is covered by the media in Turkmenistan.

46.Pursuant to article 21 of the Act, the Ombudsman considers complaints and has the right to conduct inquiries about decisions, actions or omissions of central and local government bodies and their officials that violate the rights, freedoms or legitimate interests of citizens of Turkmenistan or foreign nationals or stateless persons in the territory of Turkmenistan. In handling applications, the Ombudsman may not grant any privileges or impose restrictions based on ethnicity, colour, sex, origin, property or official status, place of residence, language, attitude to religion, political views or party affiliation or lack thereof.

47.The Act provides that the records of the Ombudsman are to be kept in the national language of Turkmenistan. It further stipulates, in article 23, that complainants have the right to contact the Ombudsman in their native language or a language in which they are proficient. The response will be provided in the national language with a translation into a language spoken by the complainant. This provision allows for a wide range of options for complainants of various ethnicities to submit their complaints in their native language or a familiar language, in which they will then receive a reply from the Office of the Ombudsman.

48.In 2018, the Office of the Ombudsman registered 985 complaints, 479 submitted in writing and 506 orally. The first quarter saw 121 written complaints, which increased to 138 in the second quarter. The number decreased in the third quarter to 80, before rising to 140 in the final quarter. Of the 506 oral complaints, 90 were received in the first quarter, 128 in the second, 150 in the third and 138 in the fourth.

49.In 2018, the persons contacting the Office of the Ombudsman were of different ethnicities, including Turkmen, Russian, Kazakh, Uzbek, Ukrainian, Turkish, Azerbaijani, Belarusian, Armenian and Kyrgyz. An analysis of the persons who made oral complaints in 2018 showed that they included 456 Turkmen, 42 Russians, 14 Uzbeks, 9 Azerbaijanis, 2 Ukrainians, 1 Afghan, 1 Persian, 1 Turk, 1 Iranian, 1 Lezghin, 1 Korean, 1 Lak, 1 Jew, 1 Bashkir and 1 Armenian.

50.Work to protect the human right to freedom from all forms of discrimination is a priority for the Office of the Ombudsman. In the future, specific steps will be taken to bring in additional resources to build the capacity of the Office.

51.In 2018, the Ombudsman met with a delegation headed by the High Commissioner on National Minorities of the Organization for Security and Cooperation in Europe (OSCE), Lamberto Zannier, and with the special adviser for religious minorities at the United States Department of State, Knox Thames, to discuss important matters relating to minorities. Representatives of the Office of the Ombudsman regularly participate in national and international events relating to minority rights.

52.According to the above-mentioned indicators, the fact that citizens regularly apply to the Office of the Ombudsman can be explained by increased public awareness of avenues to protect their rights, including of the Ombudsman’s mandate and the work done by the Office.

53.Given that the position of Ombudsman was only recently established, the definitive organization of the Office is not yet completed and will take some time. Currently, eight staff have been approved for the Office of the Ombudsman. The position of deputy Ombudsman remains vacant. In accordance with the Ombudsman Act, the deputy Ombudsman is elected for a five-year term and removed by the Mejlis on the proposal of the Ombudsman. An active search for candidates for the post of deputy Ombudsman is ongoing.

54.The Ombudsman Act provides for the establishment of regional offices of the Ombudsman; the relevant work is in progress, as are consultations and consideration of international best practices. An expert council reporting to the Ombudsman and consisting of persons with the appropriate knowledge of human and civil rights and freedoms may be established to provide advisory support.

55.According to the workplan for 2018–2019 agreed between the Office of the Ombudsman and the UNICEF office in Turkmenistan, UNICEF provides a national consultant based in the Office of the Ombudsman.

56.The Office is gradually building up its resources and plans in the future to begin preparatory work to apply for accreditation from the Global Alliance of National Human Rights Institutions.

57.As part of active cooperation with other national human rights institutions and international organizations, the Ombudsman and the staff of the Office participate in numerous events and training courses to promote greater cooperation at both the regional and the international levels and the professional development of the staff.

58.In 2018, representatives of the Office of the Ombudsman took part in seminars of the OSCE Centre in Turkmenistan (on a comprehensive approach to countering violent extremism and radicalization that lead to terrorism, countering the use of the Internet for terrorist purposes, OSCE standards on the protection of minority rights, the integration of diverse societies and effective participation in public life, the potential of labour migration for the economic development of Turkmenistan, the Ljubljana Guidelines on Integration of Diverse Societies and other subjects). In October, representatives of the Office took part in a training course on the subject of international standards and mechanisms on human rights, organized by the United Nations Development Programme (UNDP) office in Turkmenistan.

59.As part of the expansion of international cooperation, focused on the study of global best practices on human rights and of closer contacts with the Ombudsmen of other countries, the Ombudsman and the staff of her Office have taken part in a number of international forums. These included the annual meeting of the Global Alliance of National Human Rights Institutions, from 21 to 23 February 2018, and a side event entitled “Strategic tripartite partnership of GANHRI, UNDP and OHCHR in support of Central Asian national human rights institutions: experience and the way forward”, which took place in Geneva.

60.In February 2018, the Ombudsman took part in the work of the high-level segment of the thirty-seventh regular session of the Human Rights Council in Geneva, giving a presentation on the development of human rights in Central Asia at an event dedicated to that subject.

61.In April 2018, a national preventive mechanism forum took place, organized by the UNDP Regional Hub in Istanbul jointly with the Office of the Human Rights Commissioner of Kazakhstan. The meeting involved an exchange of experience between the Ombudsmen of Central Asian and European countries and the Russian Federation, representatives of regional groups of national preventive mechanisms and members of the Global Alliance of National Human Rights Institutions.

62.In May 2018, a meeting of the OSCE Human Dimension Committee took place in Vienna, on the theme “Gender equality: from commitment to action”, at which the Ombudsman gave a presentation about the gender situation in Turkmenistan.

63.The Ombudsman participated as an observer in the third periodic review of Turkmenistan at the thirtieth session of the Working Group on the Universal Periodic Review, which took place in Geneva, and took part in the European Union–Turkmenistan human rights dialogue, which was held on 21 June 2018 in Brussels.

64.The Ombudsman took part in an international academic workshop held in Moscow to mark the seventieth anniversary of the Universal Declaration of Human Rights, at which she gave a presentation on constitutional mechanisms for the protection of human rights and freedoms in Turkmenistan.

65.As part of the project of the OSCE Centre in Turkmenistan to build the capacity of the central and local offices of the Ombudsman, the Ombudsman headed a delegation to Yerevan in November 2018. During the trip, the delegation learned about the work of the Office of the Human Rights Defender of Armenia, exchanged experience and took part in events to mark the tenth anniversary of the national preventive mechanism of Armenia. The trip included an official meeting with the Human Rights Defender of Armenia, Mr. Arman Tatoyan, during which the two sides exchanged opinions on the importance of the preventive mechanism as part of the operation of a human rights protection mechanism and the avenues and outcomes of cooperation with civil society, international organizations and the media.

66.As shown by the practice of the Office of the Ombudsman, the exchange of experience with national human rights institutions and the Ombudsmen of other States facilitates the examination of their best practices and helps the Office set its main objectives and determine its tactics and strategy for the near future to overcome challenges in the protection of human rights and freedoms.

67.The staff of the Office of the Ombudsman were also able to take part in various international events focused on the protection of human rights (seminar in Riga on administrative law as part of a regional programme of the German Agency for International Cooperation, on promotion of the rule of law in Central Asia, the ninth international conference on administrative law in Nursultan on enforcement proceedings in administrative law, the International Forum of Women Leaders in Minsk and a seminar on human rights education and social research methods for the national human rights institutions of Central Asian countries, organized in Bishkek by the Office of the United Nations High Commissioner for Human Rights (OHCHR) Regional Office for Central Asia and the UNDP Regional Hub in Istanbul).

68.The above-mentioned events show that cooperation by the Office of the Ombudsman with representatives of international organizations, including human rights organizations, national human rights institutions and civil society was broadened and strengthened during the reporting period. Given the productive nature of the international cooperation between the Office of the Ombudsman and international organizations, especially with United Nations agencies, this work to protect human and civil rights and freedoms will be continued. The plan of joint projects to be implemented by the Government and the OSCE Centre in Ashgabat includes a project for support to develop the capacity of the Office of the Ombudsman. As part of this project, the OSCE Centre in Ashgabat organizes and funds various events for the staff of the Office of the Ombudsman. Under the same project, in 2018 the Office of the Ombudsman was given computer and office equipment, which will also help to build its capacity.

Information on follow-up to paragraphs 12–13 of the concluding observations

69.The Constitution guarantees freedom of religion and worship and the equality of religions and beliefs before the law. It guarantees the right of everyone to determine his or her attitude to religion, to profess any religion, individually or with others, or to profess no religion, to express and disseminate his or her religious beliefs and to take part in religious ceremonies.

70.The right to freedom of thought and expression is guaranteed for all. No one has the right to prohibit a person from freely expressing his or her opinions or prevent their dissemination in accordance with the law.

71.No one may be compelled to express or to renounce his or her opinions or convictions.

72.Turkmenistan fulfils its obligations under international conventions to guarantee respect for rights without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

73.On 26 March 2016, a new version of the Freedom of Religion and Religious Organizations Act was adopted, which reaffirms the right of every person to freedom of conscience and religion and to equality before the law, regardless of the person’s attitude towards religion and belief, recalls that Turkmenistan is a secular State, recognizes the special role of Islam in the centuries-long history of Turkmenistan and in the establishment and development of its spiritual life and culture, respects other religions and asserts the importance of promoting mutual understanding, tolerance and respect in matters of religious freedom.

74.This law guarantees freedom of religious worship, including the right to profess any religion, individually or with others, or to profess no religion, to freely choose or change, hold and express religious and other beliefs and to act in accordance with them.

75.It is prohibited to establish advantages, restrictions or any other form of discrimination on the basis of attitude to religion.

76.Citizens are equal before the law in all fields of civil, political, economic, social and cultural life, irrespective of their religious beliefs or affiliation.

77.Foreign nationals and stateless persons enjoy the right to freedom of religion on an equal footing with citizens of Turkmenistan.

78.Religions and faiths are equal before the law. Turkmenistan is a secular State. Religious organizations are separate from the State. The State promotes mutual tolerance and respect between citizens and organizations professing no religion and between citizens and religious organizations of different faiths. It prohibits the manifestation of religious fanaticism or extremism, and of any actions seeking to polarize and degrade relations and to kindle hostility between religious organizations. No religion may be established as the State or mandatory religion.

79.Annexes 3–7 to this report contain statistical information on the staff of religious organizations of different denominations, disaggregated by ethnicity and gender.

80.Religious organizations in Turkmenistan have the right to purchase, produce, use and, after an expert evaluation of the religious material is carried out, import and distribute religious literature and religious items.

81.Turkmen citizens, foreign nationals and stateless persons have the right to acquire and use religious literature and other information materials with religious content in any language of their choice.

82.Persons serving a prison sentence for criminal offences are also guaranteed freedom of religion in Turkmenistan. Under the Penalties Enforcement Code, convicted prisoners are guaranteed freedom of religion and belief. They have the right to profess any religion or not to profess any religion, freely choose and hold religious or atheist beliefs and act in accordance with them.

83.When performing religious rituals and ceremonies in correctional institutions, the internal regulations and rights of other convicts must not be violated.

84.Persons serving sentences in open prisons may, at their request, be granted permission to visit religious institutions located within the settlement where the prison is located.

85.Ministers of duly registered religious associations may be invited to visit prisoners, at the prisoners’ request, in the manner established by law. In correctional facilities, prisoners may perform religious rites and have and use ceremonial objects and religious literature. The correctional facility administration is to provide an appropriate space for such purposes (Penalties Enforcement Code, art. 10).

86.Tax legislation establishes certain tax benefits for religious organizations. In particular, no value added tax is paid on services provided by religious organizations, including rites and ceremonies, and on the sale of ceremonial and religious objects (Tax Code, art. 106). Religious organizations are also exempt from property tax (Code, art. 143).

87.Current legislation establishes criminal liability for thwarting the exercise of the right to freedom of conscience and religious belief (Criminal Code, art. 154). Incitement to racial or religious discrimination is a punishable offence (Code, arts. 145 and 168).

88.A total of 131 religious organizations are currently registered. Among them, there are 108 Islamic organizations, including 103 Sunni organizations, 5 Shiite organizations, 12 Orthodox organizations and 11 other organizations of various faiths (annex 8).

89.No religious organization has been denied State registration on the grounds of racial discrimination.

90.In January 2019, senior priests of Orthodox churches held services in Turkmenistan, with support from the Commission on Cooperation with Religious Organizations.

91.In February, the spiritual leader of the Society of Krishna Consciousness, United States citizen Sean O’Neil Hobgood, visited the country.

92.In March, a pastor from the Slovo Zhizni (Word of Life) Church, Russian citizen Aleksandr Gornovsky, paid a visit.

93.In April, pastors of the Source of Life Church, German citizen Klaus Dieter and Kazakh citizen Yury Shumaev visited.

94.In April, Baha’i religious organization member Foad Rihani also came to visit.

95.In April, the spiritual leader of the Russian Orthodox Church, Archbishop and Theophylact Denis Kuryanov, visited Turkmenistan.

96.In June–July 2019, the pastor of the Source of Life Church, Russian citizen Aleksei Romanov made a visit.

97.In October 2019, pastor of the New Apostolic Church, German citizen Vladimir Lazerev is expected to visit.

98.The Source of Life Church received authorization to import 50 copies of the Bible to meet its needs.

99.In honour of the opening of the Hazret Omar Mosque, 4,210 copies of the Holy Qur’an were imported into Turkmenistan.

100.In 2019, from January to July, the import of 15 copies of the Qur’an was authorized.

101.In 2019, 2,242 citizens of Turkmenistan visited the Holy City of Mecca and Medina. Among them, there were 1,045 men and 1,197 women, including 2,176 Turkmens, 56 Uzbeks, 4 Azerbaijanis, 1 Kurd, 1 Kazakh, 1 Karakalpak, 2 Tajiks and 1 Dagestani.

102.Several religious festivals were held in January, March and April–August 2019 with the Society of Krishna Consciousness with the support of the Commission on Cooperation with Religious Organizations.

103.It should be noted in particular that the Commission on Cooperation with Religious Organizations received letters from the above-mentioned religious organizations in which they expressed their gratitude for the efforts made to facilitate the visits of the religious leaders and the assistance provided by the Commission’s staff and management in receiving them. It should also be noted that the Commission carries out advisory work with religious organizations during the reregistration process. For example, it provides all religious organizations with advice on changing their legal address and renewing registration in the unified State register of legal entities.

Information on follow-up to paragraphs 14 of the concluding observations

104.Under the Constitution, Turkmen is the State language. All citizens of Turkmenistan are guaranteed the right to use their native language.

105.In addition to the State language of instruction, there are schools in which instruction is provided in languages other than the official language (annex 9). Ethnic minorities are guaranteed the right to use and study their native language.

106.With regard to the Committee’s observation that students and public officials are obliged to wear Turkmen national dress irrespective of their ethnic origin, we wish to point out that there are no prohibitions or regulations on the wearing of any clothing other than the standard uniform for students while they are in school. In after-school hours, they are free to dress as they wish.

107.The comments on the obligation to wear national dress for public servants have no basis in fact, as there are no restrictions on the choice of clothes. The choice of appropriate clothing for different situations is part of national culture and everyone is free to choose.

108.There are people from various ethnic groups working in the education system in Turkmenistan.

Information on follow-up to paragraphs 15 of the concluding observations

109.According to the Language Act, adopted in 1990, Turkmen is the State language of Turkmenistan. Clerical work is performed by the authorities and voluntary associations in Turkmenistan in the State language.

110.The lack of schools offering first-language instruction for small ethnic minorities is attributable to difficulties in finding teachers and teaching materials, economic viability and other factors.

111.Language study outside the classroom is provided in a variety of educational programmes, and the learning activities are subject to licensing by the Ministry of Education. Since the country gained independence, there have been no requests for the introduction of training courses in any of the ethnic minority languages. Under the Language Act, the State language and Russian are the languages used for inter-ethnic communication in Turkmenistan. Members of various minorities most commonly use Russian in conversations and everyday life. In secondary general education schools in which the language of instruction is other than Turkmen, Turkmen is taught from the first grade. Graduates of these educational institutions must pass a state exam in the Turkmen language. The Turkmen and Russian languages are taught in general education schools, specialized secondary and higher education institutions and through other forms of education. The country has thus established the legal and institutional capacity for persons who are interested in entering public service to study the Turkmen language.

112.Turkmenistan has created a framework for the free use of the languages of the peoples living in the country and made provision for the study of the State language by its citizens. Access to the study of the State language is being improved on an ongoing basis. Ashgabat and the country’s provinces have centres, including State centres, for the study of the official language and other languages, without any age limits. Such centres are usually established at institutions of higher education.

113.Protection of the rights of ethnic minorities is one of the objectives of the State under the Constitution of Turkmenistan.

114.The protection of these rights is embodied in the President’s policy of promoting creative work, based on good-neighbourliness, friendship, community and mutual respect – time-honoured principles that have long guided the Turkmen people.

115.The inter-ethnic harmony and mutual respect prevailing in Turkmen society has made the country’s multi-ethnic population into a cohesive, friendly and united family.

116.For decades, people from various ethnic backgrounds have become so close with one another that they celebrate important folk holidays together and are well acquainted with the traditions and cuisines of the other cultures of the peoples who live in Turkmenistan.

117.Major celebrations of the international Nowruz holiday are held each year, bringing together many ethnic communities living in Turkmenistan.

118.On March 21–22 2018, groups of performing artists from Turkey, Iran, Afghanistan, Tajikistan, Uzbekistan, Tatarstan, Kazakhstan and Kyrgyzstan came to Turkmenistan for the Nowruz spring festival. This cultural event was widely celebrated in the Nowruz valley of Akbugdaý District, Akhal Province.

119.From 19 to 23 March 2019, on the occasion of Nowruz, concerts were held in Ashgabat, Mary and Türkmenabat by the Dzhailan ensemble from North Khorasan Province in the Islamic Republic of Iran.

120.Leading figures in culture and the arts of Uzbekistan gave concerts in Türkmenabat on 7 March 2017 and Daşoguz on 15 November 2017 for the approximately half a million ethnic Uzbeks living in Lebap and Daşoguz Provinces along the Turkmen border. Furthermore, on 12 August 2018, a delegation from Buxoro Province, Uzbekistan, visited Türkmenabat, Lebap Province, and, on 15 August, a delegation from Xorazm Province visited Daşoguz, Daşoguz Province. During the visits, a business forum, an exhibition of the industrial potential of the regions and a joint concert by leading musicians from the two countries were organized.

121.The gala concerts and cultural events organized on the national holidays of national or ethnic minorities and the days celebrating the culture of other countries attest to the esteem and respect in which the culture, traditions and history of other peoples are held in Turkmenistan.

122.In 2017, days of culture were celebrated in respect of the Islamic Republic of Iran, the State of Palestine, Romania, the Russian Federation, Tajikistan, Turkey and Uzbekistan.

123.On 18–19 April 2018, Ashgabat hosted the International Ancient Sources of Musical Arts Festival and Conference. Representatives from 13 countries took part in this conference and festival.

124.In 2018, the Days of Culture of the Republic of Belarus, the Islamic Republic of Iran and the Republic of Croatia were held in Turkmenistan and, in 2019, of the Kingdom of Saudi Arabia. The programmes of these events include exhibitions, concerts, film screenings and other activities that provide the people who turn out for them with information about the history and recent development of these countries.

125.On May 15–16 2019, the Fourteenth Commonwealth of Independent States Forum of Artistic and Scientific Intelligentsia was held in Ashgabat.

126.Every year, on the occasion of Victory Day in the Great Patriotic War and People’s Unity Day, Russian Cinema Days are held in the capital and the country’s provincial capitals.

127.Furthermore, to herald the New Year, foreign and local stars put on concerts at the Palace of Winter Sports in Ashgabat and circus performers from the Russian Federation put on shows at the Turkmen State Circus.

128.At present, the Ministry of Culture of Turkmenistan works with the cultural centres attached to the embassies of the United States of America, the Islamic Republic of Iran, Turkey and France on various events associated with the national holidays of these countries.

129.In October 2017, the Japan Cultural and Educational Centre was opened at the International University of the Humanities to foster Turkmen-Japanese partnership in the humanities.

130.There are no restrictions on participation in the cultural life of the country on the basis of ethnic background.

131.Members of different ethnic groups are actively involved in the work of cultural organizations (annex 10).

132.In order to encourage the creative activity of workers in the arts and culture sector in Turkmenistan, a competition called “Türkmeniň Altyn asyry” (Golden age of the Turkmen) is held annually by presidential decree for persons working in the fields of culture, art and literature, young performers and gifted children. The ethnic minorities of Turkmenistan play an active role in this competition. In 2018, 6 of the 127 winners of this competition and 4 of the 20 persons who received special awards and titles were members of ethnic minorities living in Turkmenistan.

133.Thus, the cultural policy, which is aimed at protecting the rights of ethnic groups living in Turkmenistan, includes a set of measures covering everything from State incentives to legislative support for activities in this area.

134.The National Trade Union Centre reports that it has no information on violations of labour relations on the basis of language or ethnicity.

135.Under article 7 of the Labour Code (18 April 2009), labour rights may not be restricted nor may any advantage be accorded in their exercise on the basis of ethnic background, colour, race, sex, origin, property and official status, place of residence, language, age, attitude to religion, political views, party affiliation or lack of affiliation with any party, or other circumstances unrelated to the occupational skills of workers or the results of their work. Persons who consider that they have been subjected to discrimination at work are entitled to file a complaint in court.

Information on follow-up to paragraphs 16–17 of the concluding observations

136.National legislation provides for stateless persons’ access to basic rights and freedoms, including the fundamental right to citizenship, particularly the Act on the Legal Status of Foreign Nationals in Turkmenistan, the Refugees Act, the National Action Plan to Reduce Statelessness (25 January 2019) and other laws and regulations governing the naturalization and documentation of stateless persons.

137.The ultimate goal of tackling the problem of statelessness is to accept stateless persons as citizens of Turkmenistan.

138.As a permanent member of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees, Turkmenistan actively supports the coordination of international efforts to ensure and protect the rights of refugees and stateless persons.

139.Under article 18 (3) of the Education Act, the State ensures access to preschool and general education establishments for all children residing in the country who enjoy this right having reached the established age, regardless of their citizenship. This provision is in fact applied and children, regardless of their citizenship, are covered by preschool and the general school system.

140.Under article 22 of the Act on State Guarantees of the Rights of the Child, a child who is not a citizen of Turkmenistan and is not residing lawfully in the country enjoys the same rights and has the same obligations as children who are citizens.

141.Turkmenistan, in accordance with the generally accepted rules of international law, grants asylum to foreign nationals and stateless persons in the manner prescribed by law (Constitution, art. 11 (2)).

142.On 3 June 2017, a new version of the Refugees Act was adopted, granting refugees the rights to:

(1)Obtain information on their rights and obligations and other information under this article;

(2)Choose a place of residence from a list of proposed localities;

(3)Choose to reside with his or her relatives, if they so agree;

(4)Work, buy property and use medical and social services under the conditions provided for by national law governing foreign nationals and stateless persons living in Turkmenistan;

(5)Reunite with their families;

(6)Receive preschool and general secondary education on an equal footing with Turkmen citizens;

(7)Use cultural assets;

(8)Practise religion freely;

(9)Obtain, with assistance from the competent bodies, information on relatives living in their country or property left behind;

(10)Transfer any assets that they have brought into the territory of Turkmenistan or have since acquired to another country where they have been admitted in order to take up residence;

(11)Return voluntarily to the country of former habitual residence or move to any third country;

(12)Seek legal protection;

(13)Acquire Turkmen citizenship according to the procedure established by Turkmen law;

(14)Exercise other rights on an equal footing with foreign nationals residing in Turkmenistan, unless otherwise provided by law (Act, art. 15 (2)).

143.The Government has always focused on children from families of refugees and internally displaced persons. They have free access to services in the areas of education, sport and culture.

144.Article 31 of the Act on State Guarantees of the Rights of the Child provides that:

1.A child granted refugee status under Turkmen law enjoys the same rights and freedoms and carries the same obligations as Turkmen citizens, within the limits established by this Act and other laws and regulations of Turkmenistan.

2.A refugee child has the right to:

(1)Choose a place of residence from a list of proposed localities or with their relatives if they agree to living together;

(2)Obtain, with assistance from the competent bodies, information on relatives living in the country of former residence;

(3)Return voluntarily to the country of former residence or move to any third country;

(4)Acquire Turkmen citizenship according to the procedure established by Turkmen law;

(5)In order to protect the rights of refugee children, State and local authorities:

(6)Provide a refugee child who has been assigned a place of residence by the Migration Service with temporary living quarters;

(7)Seek assistance in finding a job;

(8)Be placed in a social protection institution as a matter of priority if a child with disabilities is in need of continuous care;

(9)Receive help with enrolling in a preschool or general education institution;

(10)Receive medical care and medicines in accordance with the law of Turkmenistan;

(11)Request assistance in returning to the country of former permanent residence.

145.There are no restrictions in the education system based on ethnic background or belonging to a minority. There is universal access to all levels of education. Education in State educational institutions is mainly in the State language, and members of all ethnic groups are given ample opportunity to study the State language in existing language courses at various levels.

146.In the education system there is no discrimination on the basis of ethnic background in access to education and in employment. Members of different ethnic communities study and work in the country’s educational institutions, and there are joint schools where education is provided in the State languages of two countries; the A.S. Pushkin Turkmen-Russian School and Turkmen-Turkish schools, where courses are taught in Russian, bring together students from various ethnic backgrounds.

147.The constitutional principle of equality in human and civil rights and freedoms regardless of nationality is enshrined in the Turkmenistan Labour Code, Social Protection Code, Employment Act and other laws and regulations of Turkmenistan.

148.For example, in accordance with article 5 of the Labour Code, the labour law applies to the employment relations of foreign nationals, stateless persons, the staff of international organizations and the staff of companies located in Turkmenistan whose founders or full or partial owners are foreign legal entities or natural persons, unless otherwise provided by national legislation or an international treaty to which Turkmenistan is party.

149.Under article 5 of the Social Protection Code, foreign nationals and stateless persons permanently residing in Turkmenistan enjoy the right to pension provision and social protection on an equal footing with Turkmen citizens under the procedure and conditions established by the Code, unless otherwise provided by an international treaty to which Turkmenistan is a party.

150.Under article 3 of the Employment Act, foreign nationals and stateless persons permanently residing in Turkmenistan have the same employment rights as Turkmen citizens, unless otherwise provided by the Act or an international treaty to which Turkmenistan is a party.

151.The Public Health Care Act regulates relations arising in the area of public health. The Act applies to citizens of Turkmenistan, foreign nationals and stateless persons alike, unless otherwise specified in national law or the international treaties to which Turkmenistan is a party.

152.The Act on State Guarantees of the Rights of the Child also applies to the children of foreign nationals, stateless persons and refugees, including child refugees, living in Turkmenistan. The birth and place of birth of a child are to be registered with the State Civil Registry Office and with the bodies authorized to carry out civil registration of births and deaths in the manner prescribed by law (Act, art. 10 (2)).

153.It should be noted that the Office of the United Nations High Commissioner for Refugees mission in Turkmenistan has ceased its activities in view of the complete resolution of refugee issues at the State level through the timely documentation, granting of residence permits and conferment of Turkmen nationality. The Refugees Act establishes the procedures for granting refugee status (arts. 7–9), a procedure for appealing to the courts against decisions to refuse refugee status (art. 14) and the rights and obligations of refugees in Turkmenistan (art. 14). In accordance with the Convention relating to the Status of Refugees of 1951 (Turkmenistan has been a party to the Convention and Protocol thereto since 10 July 1997) and the Refugees Act, a person whose application for refugee status or subsidiary protection is under consideration, as well as a person who has been granted subsidiary or temporary protection in Turkmenistan, may not be returned against his or her will to the country that he or she left (Act, art. 3 (2)).

Information on follow-up to paragraphs 18–19 of the concluding observations

154.The country’s sustainable development programmes have identified particular strategic objectives with respect to migration and statelessness. Turkmenistan has achieved real success in implementing these objectives and intends to take further decisive action to end statelessness.

155.This has been demonstrated by the practice of granting Turkmen citizenship to refugees and stateless persons, the lead that the Central Asian region has taken in acceding to the statelessness conventions, reform of legislation and the introduction of biometric identification of refugees and stateless persons, which is a component of the United Nations global campaign to end statelessness within a decade, launched in 2014.

156.On 20 September 2019, at a regular meeting of the Cabinet of Ministers of Turkmenistan, the President signed a decree granting 863 people Turkmen citizenship. Passports were issued to people from 14 different nationalities and more than half of those who were granted citizenship were women. Some 23,000 persons (22,930) have acquired Turkmen citizenship since the country gained independence.

157.A National Plan of Action to End Statelessness for the period 2018–2024 was adopted to execute the global campaign, in cooperation with OHCHR, other United Nations agencies and international organizations, and civil society. Under Turkmen law, the Ombudsman considers, within the scope of his or her authority, applications not only from Turkmen citizens but also from foreign nationals and stateless persons in Turkmenistan concerning actions and decisions taken by officials and organizations in violation of their rights and freedoms as guaranteed by the Constitution, other laws and regulations and the international agreements to which Turkmenistan is a party (Ombudsman Act, art. 18).

158.The National Plan of Action to End Statelessness for the period 2018–2024 is a national strategy based on the Constitution and adherence to the principles underpinning the country’s permanent neutrality status, reaffirming its commitment to the purposes and principles of the Charter of the United Nations and the Universal Declaration of Human Rights, which contributes to the implementation of the Sustainable Development Goals in Turkmenistan and the fulfilment of the Programme of the President of Turkmenistan for the Country’s Social and Economic Development for the period 2018–2024 and the National Plan of Action on Human Rights in Turkmenistan for the period 2016–2020.

159.The National Plan of Action to End Statelessness is designed to facilitate coordination and strengthen cooperation between the appropriate public authorities, international organizations and civil society in addressing situations of statelessness and preventing new cases of statelessness from arising through legislative and practical measures.

160.Furthermore, the State guarantees stateless persons the right to housing, access to education, employment, health services, access to identity documents and international biometric travel documents, access to the justice system without discrimination, the right to cultural identity and the right to participate in national and international sporting events. This was evidenced by the adoption at the thirty-sixth session of the Human Rights Council of the statement on the recognition of the valuable contribution made by the refugee Olympic team to the strengthening of peace and human rights, initiated by the President of Turkmenistan.

161.It should also be noted that the considerable stepping up in recent years of active cooperation between Turkmenistan and the United Nations, especially with such organizations as UNHCR, the International Organization for Migration (IOM) and OSCE, has helped the country to resolve refugee and statelessness issues.

162.As a permanent member of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees, Turkmenistan actively supports the coordination of international efforts to ensure and protect the rights of refugees and stateless persons.

Follow-up information relating to paragraphs 20 and 21 of the concluding observations

163.Training courses, seminars and study visits related to the human rights guaranteed by United Nations treaties, including the Convention, are regularly organized for the training and professional development of judges, procurators, lawyers, internal affairs and justice officials and other public servants, in cooperation with international organizations (United Nations agencies, OSCE, the European Union, the German Agency for International Cooperation). The application by courts and law enforcement agencies of the provisions of international conventions is also addressed at such events.

164.The legal basis for the possible application of the rules of international law in relevant cases includes the Vienna Convention on the Law of Treaties, to which Turkmenistan has been a party since November 1995, the International Treaties of Turkmenistan Act of 2010 and other international rules and national legal provisions. For example, judges, justice authorities and procurators make wide use in their work of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (Minsk, 1993) and similar bilateral treaties. The fundamental provisions of international human rights conventions are incorporated into the national legislation, including the Constitution. The country has been making steady progress towards the harmonization of the national legal framework with the standards of international human rights law.

165.In the reporting period, no cases have been heard in the national courts involving the application of article 145 of the Criminal Code, which criminalizes violations of the equality of citizens and other offences related to racial discrimination.

166.The Office of the Procurator General received no complaints of racial discrimination.

167.Regarding the provision of statistical data on the number of complaints of racial discrimination, the agencies responsible for crime statistics reported that no such incidents had occurred.

168.Given that the Office of the Ombudsman is relatively new, various campaigns to raise public awareness about its mandate are being planned. Under the Ombudsman Act, the Ombudsman has been given the power to hold meetings with the staff of the Office in the country’s regions, at which the public will be afforded an additional opportunity, if necessary, to complain about actions or omissions that violate human rights on the basis of race.

Follow-up information relating to paragraphs 22 and 23 of the concluding observations

169.The independence of judges is guaranteed by the Constitution. Judges are independent and subject only to the Constitution and the law. Interference by any party in the work of the courts is prohibited and punishable by law (Constitution, art. 98).

170.The Court Act, based on the Constitution, contains provisions for guarantees of the independence of judges. The independence of judges is ensured through:

(1)Material and social benefits in accordance with their high status;

(2)Legally prescribed procedures for the administration of justice;

(3)The prohibition on interference in the administration of justice by any party on pain of criminal and administrative penalties;

(4)An established procedure for suspension and removal from office;

(5)Inviolability;

(6)Special State protection for the members of their families and property (Act, art. 51).

171.Moreover, the Court Act provides that any interference in judges’ administration of justice is to be prosecuted in accordance with the law.

172.Judges are not required to provide any explanations on the merits of a case that they have tried or are in the process of trying or to make them available to anyone except in the circumstances prescribed by law.

173.No criminal case may be brought against a judge, and a judge may not be arrested without the agreement of the President of Turkmenistan. The inviolability of judges applies to the judge’s person, property, place of residence and work, service and private vehicles and other assets. These guarantees also apply to assessors during the period of their service in court. It is not permitted to detain or summon judges or assessors in the performance of their duties as court assessors or to take administrative action against them.

174.The Court Act was amended with the addition of article 641, on the Code of Judicial Ethics. Paragraph 1 of the article provides that the Code is an act of the Conference of Judges of Turkmenistan, based on generally accepted moral principles and standards of society and the State. The Code establishes rules of conduct for all judges in the discharge of their professional duties regarding the administration of justice.

175.The Code was discussed and first adopted at the first Conference of Judges, which was held on 19 January 2019. The high status of judges obliges them to be professionally trained and promote high standards of legal awareness and legal behaviour to improve public confidence in the judicial system and the quality of justice, which is the basis for maintaining the dignity and high standing of the judiciary as fair, independent and impartial.

Follow-up information relating to paragraphs 24 and 25 of the concluding observations

176.To further improve the administration of justice by courts, ensure judicial independence and fulfil the international obligations of Turkmenistan, the limit on judges’ tenure was removed from the new version of the Constitution and a public policy framework on improvement of the judicial system for 2017–2021 was elaborated and adopted.

177.Taking into account the recommendations of the United Nations treaty bodies and the related rules of international law, this framework included proposals on the tenure of judges, the procedure for judicial appointments and the rights and duties of judges and court officials.

178.The national legislation on the independence of judges is based on the Constitution and the rules of international law.

179.Judges, who are trained on international standards and best practices in matters regulated by the Convention, also actively participate in seminars organized by international organizations with experts called in from abroad to share international practices in this area.

180.The Supreme Court offers comments on the Criminal Code and the Code of Criminal Procedure and guidance on the most complex court cases to the public, which facilitates the adoption of lawful and reasoned decisions by the courts and more effective protection of the rights of parties to judicial proceedings.

181.Furthermore, twice a year, the Court holds two-week training courses and experienced judges hold regular workshops, involving experts on various topics, to explore different categories of cases, the particularities of considering them and ways to ensure the greatest possible observance for the rights and legitimate interests of the participants in judicial proceedings.

182.Procuratorial officials, lawyers and staff from the courts and other law enforcement authorities regularly take part in seminars, conferences and other forums related to human rights, including the prevention of racial discrimination, organized jointly with United Nations agencies and other international organizations.

183.For example, in 2016, 143 judges and court officials attended 57 seminars and, in 2017, 368 staff of the courts attended 54 seminars. As part of the National Plan of Action on Human Rights for the period 2016–2020, the Supreme Court and UNDP signed a workplan for 2017 on cooperation for implementation of the National Plan of Action as regards the rule of law and access to justice. In 2017, under this plan, seven training courses were held on the subject of international standards and mechanisms for the protection of human rights, attended by 147 judges and court officials and including the participation of an international expert.

184.During 2017, 31 representatives of the courts participated actively in seven workshops on various topics, including the role and development of the media in Turkmenistan and best practices in combating the financing of terrorism, and in other events organized by the OSCE Centre in Ashgabat.

185.Two seminars for 48 participants were held as part of a European Union project to improve national justice systems in Central Asian countries.

186.With the support of the German Agency for International Cooperation regional programme for the promotion of the rule of law in Central Asia, seven workshops were held on current aspects of new legislation, with the participation of 104 court officials.

187.Over the reporting period, members of the judiciary also participated in three seminars involving an international expert from the Regional Office for Central Asia of the United Nations Office on Drugs and Crime, eight seminars of the IOM Regional Office for Central Asia, three seminars with the participation of an international expert concerning the National Plan of Action for Gender Equality and other seminars, including events involving international experts organized by UNICEF and by the delegation of the International Committee of the Red Cross in Turkmenistan.

188.To implement the recommendation made in paragraph 25 of the concluding observations and provide special training to internal affairs officials on the prevention of racial discrimination and the fulfilment of the rights enshrined in the Convention, the Ministry of Internal Affairs regularly organizes training on human rights in local communities.

189.The National Plan of Action on Human Rights for the period 2016–2020 provides for a number of measures to learn from the experience of established consultative mechanisms for persons from ethnic minorities and disadvantaged groups and to hold a series of meetings with these persons to discuss a cooperation mechanism.

190.Under the annual workplan agreed between the Institute for State, Law and Democracy and the UNDP office in Turkmenistan, a round table was held on 20 and 21 June 2017 for members of the working group of the Interdepartmental Commission on Compliance with the International Obligations Undertaken by Turkmenistan in the Field of Human Rights and International Humanitarian Law on the protection and promotion of the rights of ethnic minorities with an overview of international standards and best practices from other countries for the public institutions of Turkmenistan. Experts from the UNDP Regional Hub in Istanbul and the OHCHR Regional Office in Bishkek took part in this event, namely the Regional Representative of OHCHR for Central Asia, Mr. Ryzsard Komenda, the OHCHR expert Ms. Ilze Brands Kehris, an expert from the UNDP Regional Hub, Ms. Natalia Mirimanova, and Mr. Peter Naderer from the OHCHR Regional Office.

191.The workplan for 2019 includes a two-day seminar on technical support to develop a consultative mechanism for minorities and vulnerable groups. A study visit to learn from practices of consultation with representatives of minorities and vulnerable groups has also been scheduled for the members of the working group of the Interdepartmental Commission.

192.Under the plan of joint projects to be implemented in conjunction with the OSCE Centre in Ashgabat in 2019, the Government is working with the Organization on a number of issues related to human rights, including the rights of ethnic minorities. In cooperation with the OSCE High Commissioner on National Minorities, in follow-up to his visit to the country in 2019, the Organization continues to provide support for the establishment of a minority consultative mechanism, as set out in the first national human rights action plan for the period 2016–2020, and will offer further assistance in drafting a section on the mechanism under the new action plan for the period after 2020.

193.To this end, the OSCE Centre is supporting discussion of this important issue by organizing two meetings with the local authorities and ethnic minority representatives in Balkanabat and Mary, for 60 persons from the Mejlis, the Institute for State, Law and Democracy, the State Statistics Committee, local administrations and local civil society organizations, to which it is inviting international experts.

194.A study visit to an OSCE participating State to learn about best practices in the establishment of a minority consultative mechanism is also envisaged for 2019.

Follow-up information relating to paragraph 26 of the concluding observations

195.The accession by Turkmenistan to the International Convention for the Protection of All Persons from Enforced Disappearance, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is currently under consideration. To that end, the provisions of the above-mentioned international instruments are being analysed, national legislation is being reviewed for the purpose of harmonizing it with those provisions, and mechanisms for accession are being considered. Possible reservations to be made when acceding to these instruments are also under consideration.

196.In cooperation with international organizations, the Government is organizing seminars and consultations for members of the national parliament and the representatives of relevant authorities to raise awareness about the content of these international legal instruments and the ratification process.

Follow-up information relating to paragraph 27 of the concluding observations

197.Turkmenistan condemns racial discrimination and maintains a policy of mutual understanding among peoples and the prohibition of any distinction, exclusion, restriction or preference based on race, descent or national or ethnic origin. The basic provisions of the Durban Declaration and Programme of Action, adopted in 2001 at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, are taken into consideration for the development of the main outlines of national public policy, improvement of the national legal framework, institutional reforms and the adoption and implementation of national human rights action plans. For example, these documents, along with the core United Nations human rights treaties, informed the amendment of the special section of the Constitution guaranteeing human rights and freedoms and the adoption of a number of laws intended to combat racial discrimination, xenophobia and intolerance. Compliance with the Durban Declaration and Programme of Action in Turkmenistan is facilitated by the work of the Ombudsman, who took up her mandate in March 2017, in accordance with the new Constitution and the Ombudsman Act. The objective of the National Human Rights Action Plan for the period 2016–2020 is the protection, promotion and fulfilment of human rights regardless of race, colour, sex, origin, property or official status, place of residence, language, attitude to religion, political views or any other circumstances by mainstreaming these rights in public policy, developing programmes to achieve the goals that have been set and allocating sufficient resources for the programmes in place. All the human rights action plans adopted have the aim of improving and ensuring respect for human rights through the implementation of State programmes and the observance of international obligations in the area of human rights.

Follow-up information relating to paragraph 28 of the concluding observations

198.Given the absence of persons of African descent in the country, national human rights action plans do not include special provisions for this group. Moreover, the existing legal and regulatory framework, which includes national and international provisions, provides sufficient guarantees to ensure the protection of the rights and freedoms of all persons, regardless of their national, racial, ethnic, religious, social or other affiliation or origin.

Follow-up information relating to paragraph 29 of the concluding observations

199.Civil society plays an active role in action to protect human rights and freedoms. The permanent members of the Interdepartmental Commission on Compliance with the International Obligations Undertaken by Turkmenistan in the Field of Human Rights and International Humanitarian Law include representatives of women’s, youth and trade union organizations and the Red Crescent Society of Turkmenistan. Broad consultations are carried out as part of the drafting process for periodic reports, including in the regions, with representatives of United Nations agencies, voluntary associations and religious organizations. The comments, proposals and recommendations thus received are used to draft the final versions of national reports. The mandate of the Ombudsman also provides for consultations with representatives of civil society, which helps identify outstanding problems and explore possible solutions.

Follow-up information relating to paragraphs 30 and 31 of the concluding observations

200.The ratification by Turkmenistan of the amendment to article 8 (6) of the Convention, adopted on 15 January 1992 at the Fourteenth Meeting of States Parties and approved by the General Assembly in resolution 47/111 and the optional declaration provided for in article 14 of the Convention recognizing the competence of the Committee to receive and consider individual complaints are under consideration by the relevant government agencies and the members of the Interdepartmental Commission.

Follow-up information relating to paragraph 32 of the concluding observations

201.In accordance with the schedule for the submission of national reports, Turkmenistan submitted its common core document in 2015. As shown by the recommendation to submit one, the document did not reach its intended recipients for reasons outside the control of Turkmenistan. On several occasions, Turkmenistan informed treaty bodies that it had submitted the document in 2015. At the meeting to review the periodic report of Turkmenistan on the International Covenant on Economic, Social and Cultural Rights on 2 October 2018, the delegation was informed that, although the State had followed all the procedures for submission, the 2015 common core document was missing from the relevant website. The delegation also stated that a new common core document would be submitted in 2020.

III.Annexes

Annex 1

Information on the number of women and members of other ethnicities employed in the judicial system

No.	Judicial system	Total number of staff	Number of women	Staff of other ethnicities	Number of judges
Total	Women	Other ethnicities
1	All Turkmenistan	858	383	31	133	28	–

Note : The 31 staff members of other ethnicities working in the judicial system include 24 Uzbeks, 2 Russians, 2 Lezghins, 1 Armenian, 1 Kazakh and 1 Dargin.

Annex 2

Information on active staff and vacancies at the Ministry of Justice and parts of the justice system under its authority (as of 1 August 2019)

Justice department organizational structure	Regular staff	Active staff	Active staff (percentage)	Vacancies	Women	Women (percentage)	Staff of other ethnicities	Staff of other ethnicities (percentage)
Central Office of the Ministry	51	49	96.07 per cent	2	33	67.34 per cent	3	6.12 per cent
Minister	1	1
Deputy Minister	1	1
Deputy Minister	1	1
Assistant Minister	1	1
Chief Auditor	1	1
Personnel Department	3	3			3
Directorate of Legislation	16	16			15		2
Directorate of Legal Assistance	8	8			6
Directorate of International Relations	13	11		2	7		1
Accounts and Finance Department	3	3			2
General Services Department	3	3

Annex 3

Information on the ethnic composition and gender of the employees of the 131 religious organizations registered with the Ministry of Justice

No.	Administrative and territorial unit	Men	Women	Turkmen	Russians	Uzbeks	Azerbaijanis	Kazakhs	Tajiks	Karakalpaks	Dagestanis	Kurds	Balochis	Persians	Armenians	Lezghins
1	Ashgabat	206	140	263	62	2	2	–	–	–	–	3	–	–	14	–
2	Ahal Province	99	19	112	6	–	–	–	–	–	–	–	–	–	–	–
3	Balkan Province	83	29	91	10	–	4	1	–	–	–	–	–	–	5	1
4	Daşoguz Province	133	31	120	4	39	–	–	–	1	–	–	–	–	–	–
5	Lebap Province	203	33	193	25	13	2	–	2	–	1	–	–	–	–	–
6	Mary Province	110	31	118	10	–	–	–	–	–	4	–	7	1	1	–
	Total	834	283	897	117	54	8	1	2	1	5	3	7	1	20	1

Annex 4

Information on the ethnic composition and gender of the employees of Sunni religious organizations registered with the Ministry of Justice

No.

Administrative and territorial unit

Men

Women

Turkmen

Russians

Uzbeks

Azerbaijanis

Kazakhs

Tajiks

Karakalpaks

Dagestanis

Kurds

Balochis

1

Ashgabat

164

87

250

1

–

–

–

–

–

–

–

–

2

Ahal Province

95

17

112

–

–

–

–

–

–

–

–

–

3

Balkan Province

73

17

88

–

–

1

1

–

–

–

–

–

4

Daşoguz Province

126

29

118

–

36

–

–

–

1

–

–

–

5

Lebap Province

185

15

187

–

11

–

–

2

–

–

–

–

6

Mary Province

99

23

115

–

–

–

–

–

–

–

–

7

Total

742

188

870

1

47

1

1

2

1

–

–

7

Annex 5

Information on the ethnic composition and gender of the employees of Shia religious organizations registered with the Ministry of Justice

No.

Administrative and territorial unit

Men

Women

Turkmen

Russians

Uzbeks

Azerbaijanis

Kazakhs

Tajiks

Karakalpaks

Dagestanis

Kurds

Persians

1

Ashgabat

9

3

7

–

–

2

–

–

–

–

3

–

2

Ahal Province

–

–

–

–

–

–

–

–

–

–

–

–

3

Balkan Province

1

–

–

–

–

1

–

–

–

–

–

–

4

Daşoguz Province

–

–

–

–

–

–

–

–

–

–

–

–

5

Lebap Province

1

1

1

–

–

–

–

–

–

1

–

–

6

Mary Province

1

–

–

–

–

–

–

–

–

–

–

1

Total

12

4

8

–

–

3

–

–

–

1

3

1

Annex 6

Information on the ethnic composition and gender of the employees of religious organizations of other faiths registered with the Ministry of Justice

No.

Administrative and territorial unit

Men

Women

Turkmen

Russians

Uzbeks

Azerbaijanis

Kazakhs

Tajiks

Karakalpaks

Dagestanis

Kurds

Armenians

1

Ashgabat

16

26

3

31

1

–

–

–

–

–

–

7

2

Ahal Province

2

–

–

2

–

–

–

–

–

–

–

–

3

Balkan Province

–

–

–

–

–

–

–

–

–

–

–

–

4

Daşoguz Province

3

–

–

1

2

–

–

–

–

–

–

–

5

Lebap Province

13

8

5

13

1

2

–

–

–

–

–

–

6

Mary Province

3

2

–

4

–

–

–

–

–

–

–

1

Total

37

36

8

51

4

2

–

–

–

–

–

8

Annex 7

Information on the ethnic composition and gender of the employees of Orthodox Christian religious organizations registered with the Ministry of Justice

No.	Administrative and territorial unit	Men	Women	Turkmen	Russians	Uzbeks	Azerbaijanis	Armenians	Lezghins	Dagestanis
1	Ashgabat	17	24	3	30	1	–	7	–	–
2	Ahal Province	2	2	–	4	–	–	–	–	–
3	Balkan Province	9	12	3	10	–	2	5	1	–
4	Daşoguz Province	4	2	2	3	1	–	–	–	–
5	Lebap Province	4	9	–	12	1	–	–	–	–
6	Mary Province	7	6	3	6	–	–	–	–	4
	Total	43	55	11	65	3	2	12	1	4

Annex 8

As of 3 September 2019, 131 religious organizations were registered with the Ministry of Justice, including:

•108 Muslim organizations

•12 Orthodox Christian organizations

•11 organizations of other faiths

List of Orthodox religious organizations

1.Parish of Resurrection Cathedral, Ashgabat.

2.Parish of Saint Alexander Nevsky Cathedral, Ashgabat.

3.Parish of Saint Nicholas Cathedral, Ashgabat.

4.Parish of Saints Cyril and Methodius Cathedral, Abadan district, Ashgabat.

5.Parish of Saint Thomas Cathedral, Tejen, Ahal Province.

6.Parish of the Church of the Icon of the Mother of God the Seeker of the Lost, Daşoguz, Daşoguz Province.

7.Parish of the Cathedral of Archangel Michael, Turkmenbashi, Balkan Province.

8.Parish of the Cathedral of the Nativity of the Most Holy Mother of God, Balkanabat, Balkan Province.

9.Parish of the Cathedral of the Protecting Veil of the Most Holy Mother of God, Mary, Mary Province.

10.Parish of the Church of Saint Alexis the Metropolitan of Moscow, Bayramaly, Mary Province.

11.Parish of the Cathedral of the Holy Apostles Peter and Paul, Turkmenabat, Lebap Province.

12.Parish of Saint Nicholas Cathedral, Turkmenabat, Lebap Province.

List of religious groups and religious organizations

1.Seventh Day Adventist (religious group).

2.Society of Krishna Consciousness of Turkmenistan (religious organization).

3.Church of Christ Evangelical Christian Church of Turkmenistan (religious organization).

4.Light of the East Evangelical Christian Church of Daşoguz Province (religious organization).

5.Full Gospel Christian Church of Turkmenistan (religious organization).

6.Society of Krishna Consciousness of Turkmenistan (religious organization).

7.Source of Light Evangelical Christian Church of Lebap Province (religious organization).

8.Baha’i Faith of Turkmenistan (religious organization).

9.Great Grace Evangelical Christian Church of Turkmenistan (religious organization).

10.Church of Evangelical Christian Baptists of Turkmenistan (religious organization).

11.Transfiguration of the Lord Roman Catholic Centre in Turkmenistan (religious organization).

In Turkmenistan, there are 12 active Orthodox churches and 102 mosques.

List of Orthodox churches in Turkmenistan

1.Parish of Resurrection Cathedral, Ashgabat.

2.Parish of Saint Alexander Nevsky Cathedral, Ashgabat.

3.Parish of Saint Nicholas Cathedral, Ashgabat.

4.Parish of Saints Cyril and Methodius Cathedral, Abadan district, Ashgabat.

5.Parish of Saint Thomas Cathedral, Tejen, Ahal Province.

6.Parish of the Church of the Icon of the Mother of God the Seeker of the Lost, Daşoguz, Daşoguz Province.

7.Parish of the Cathedral of Archangel Michael, Turkmenbashi, Balkan Province.

8.Parish of the Cathedral of the Nativity of the Most Holy Mother of God, Balkanabat, Balkan Province.

9.Parish of the Cathedral of the Protecting Veil of the Most Holy Mother of God, Mary, Mary Province.

10.Parish of the Church of Saint Alexis the Metropolitan of Moscow, Bayramaly, Mary Province.

11.Parish of the Cathedral of the Holy Apostles Peter and Paul, Turkmenabat, Lebap Province.

12.Parish of Saint Nicholas Cathedral, Turkmenabat, Lebap Province.

Annex 9

Information from the Ministry of Education

No.	Indicator	Unit of measurement	2016	2017	2018	Note
A	B	C	1	2	3	4
1	Number of schools teaching in Russian	Units	71	71	71
2	Number of students being taught in Russian	Persons	57 254	60 935	65 453
3	Teachers of Russian language and literature	Persons	7 061	7 236	7 318
4	Textbooks and teaching aids for schools (classes) teaching in Russian (number of titles published)	Units	61	62	59	Frequency of publication: •Primer – every two years •Workbooks – every year •Books for Years 1 and 2 – every three years •Books for Years 3 and 4 – every four years •Books for higher classes – every five years
5	Number of centres offering courses to study Russian, total:	Units	27	28	27	1 June 2019
39
	Including:
	•In public educational institutions	Units	14	13	12	20
	•In the private educational institutions	Units	13	15	15	19

Annex 10

Organization	All personnel	Other ethnicities	Including
Russians	Azerbaijanis	Tatars	Uzbeks	Kurds	Armenians	Ukrainians	Kazakhs	Other
State Cultural Centre of Turkmenistan	1 426	82	34	12	3	8	4	11	2	–	8
Art Museum of Turkmenistan	127	3	2	–	–	–	–	1	–	–	–
State Circus of Turkmenistan	264	32	18	7	–	–	–	2	–	1	4
Central Theatre of Turkmenistan	236	6	6	–	–	–	–	–	–	–	–
Magtymguly National Musical Theatre of Turkmenistan	168	16	8	2	1	–	–	4	–	–	1
Alp Arslan National Theatre	227	16	11	–	1	–	2	–	–	1	1
Pushkin State Russian Academic Theatre	113	36	24	2	–	2	–	2	1	–	5
State Puppet Theatre of Turkmenistan	123	6	4	–	–	–	–	–	–	–	2
Mollanepes Student Theatre	82	–	–	–	–	–	–	–	–	–	–
Turkmen State Academy of Arts	216	10	4	1	1	3	–	–	–	–	1
Turkmenistan Cinema and Concert Hall	7	1	1	–	–	–	–	–	–	–	–
Vatan Cinema and Concert Hall	13	–	–	–	–	–	–	–	–	–	–
Hyzmat Kinovideo Association	62	5	2	1	1	–	1	–	–	–	–
Department of Art Exhibitions	23	2	1	–	–	–	–	–	–	–	1
Department for the Protection, Study and Restoration of Historical and Cultural Monuments	206	19	6	1	1	6	–	–	1	2	2
Amanov State Children ’ s Library	109	8	4	1	2	–	–	–	1	–	–
Musical residential school attached to the Turkmen National Conservatory	330	51	23	12	3	3	–	5	1	–	4
Turkmen National Conservatory	383	43	17	7	1	2	1	7	3	–	5
Turkmen State Institute of Culture	323	24	1	2	1	1	–	3	–	1	15
Turkmen State Art School attached to the State Academy of Arts of Turkmenistan	83	4	2	–	–	–	–	–	–	2	–
Ovezov State College of Music attached to the Turkmen National Conservatory	141	19	6	6	2	–	2	1	1	1	–
Specialized Training Centre, Ministry of Culture, Turkmenistan	24	9	9	–	–	–	–	–	–	–	–
Ashgabat Department of Culture	585	84	41	11	3	1	1	13	5	–	9
Ahal Department of Culture	1 485	30	13	4	1	2	1	1	–	1	7
Lebap Department of Culture	3 162	301	27	3	13	239	–	5	4	5	5
Balkan Department of Culture	1 653	77	34	13	5	2	–	11	–	7	5
Daşoguz Department of Culture	2 237	299	5	–	9	271	–	2	–	7	5
Mary Department of Culture	3 603	184	56	20	5	4	1	40	4	2	52
Library for Deaf and Blind Persons of Turkmenistan	24	9	9	–	–	–	–	–	–	–	–
Total	17 435	1 376	368	105	53	544	13	108	23	30	132