COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF TURKMENISTAN
The Committee on the Elimination of Racial Discrimination today considered the combined sixth to eight periodic reports of Turkmenistan on how that country is implementing the provisions of the Convention on the Elimination of All Forms of Racial Discrimination.
Introducing the report, Batyr Erniyazov, First Deputy Minister of Justice, said that since 1991 Turkmenistan had striven to build a secular administrative state that protected the rights and freedoms of men and women. Significant progress had been achieved in complying with State obligations under the Convention by bringing legislation into alignment with international standards, for example providing equality of rights for citizens including on the grounds of race. In 2011, the Government adopted comprehensive legislative acts to produce progressive reforms such as the Family Code, the Air Code, the Forest Code, the Criminal Enforcement Code and Law on Copyright. Civil society organizations had played a significant role in Turkmenistan’s political system. In 2011, the legal status of foreigners was put on the same level of equality as national citizens. The Criminal Code punished hate crimes and any act of discrimination based on religion, while the Government had opened human rights information centres in regional areas to promote awareness-raising among citizens of their rights.
During the discussion, Committee Experts asked about the propiska system and whether it limited the freedom of movement of citizens, what consultative mechanisms existed with minorities, how minority languages were promoted, refugees and any ethnic restrictions on employment. Experts said that parts of the new the hate speech law overly broad, and could be applied to repress minorities and human rights defenders. Experts encouraged the Government to establish a national human rights institution in accordance with the Paris Principles, and to enhance education and employment provisions for women and girls from minority groups. Cultural rights, teacher training in human rights and difficulties for minorities accessing university education were also discussed.
Ion Diaconu, Committee Member acting as Country Rapporteur for Turkmenistan, said that Turkmenistan had legislation prohibiting racial discrimination and the Government had shown it was focused on improving the situation of human rights in the country. However improvements could still be made; the relationship with minority groups should be institutionalized, minority languages and cultures should be promoted throughout the country, and the presentation of complaints and the implementation of legislation should be done on a non-discriminatory manner. The Committee looked forward to the implementation the commitments Turkmenistan had taken under its Universal Periodic Review during the next reporting period.
Batyr Erniyazov said the policies of the President of Turkmenistan were based on peace and mutual respect among all countries. The Government was committed to strengthening cooperation with international organizations and would do its utmost to improve national legislation to bring it into line with international norms.
The delegation of Turkmenistan consisted of representatives of the Ministry of Justice, the Ministry of Health and Medical Industry, the Department of the National Institute of Democracy and Human Rights and the Permanent Mission of Turkmenistan to the United Nations Office at Geneva
The next public meeting of the Committee will be at 10:00 a.m. on Monday 27 February, when it will meet with non-governmental organizations from the Lao’s People Democratic Republic and Italy.
Report
The combined sixth and seventh periodic reports of Turkmenistan can be read here (CERD/C/TKM/6-7).
Presentation of the Report
BATYR ERNIYAZOV, First Deputy Minister of Justice and Head of the Delegation, said that since 1991 Turkmenistan had strived to build an administrative state that protected the rights and freedoms of men and women. Major reforms in the political, economic and social spheres were based on the principles of democracy and human rights. Significant progress in complying with obligations under the Convention had been achieved, notably in improving the legislative base and bringing it into alignment with international standards and universally recognized norms. A Constitutional Commission of the Government prepared proposals to improve the Constitution, which resulted in a new draft of the Constitution that integrated the division of power among legislative, judicial and executive spheres. Article 19 of the Constitution provided equality of rights for citizens, which were supplemented on the grounds of race. Discrimination on racial grounds was unconstitutional, and no one could be subject to repression, or illegal detention in the country. The foreign policy of Turkmenistan was based on strengthening relations with other countries.
In 2011, the Government adopted comprehensive legislative acts to produce progressive reforms, such as the Family Code, the Air Code, the Forest Code, the Criminal Enforcement Code and the Law on Copyright. The goal of the Family Code was to support families with allowances, develop home infrastructure and provide maternity, paternity and child protection policies. Only marriages carried out in the civil registry were recognized. Civil society organizations play a significant role in Turkmenistan’s political system. In 2012, citizens were given the right to create independent political parties. In 2011, the legal status of foreigners was given equality with national citizens in accordance with international legal norms. The Law on Migration set out the legal conditions for migration processes; article four of the law stipulated that there could be no discrimination of migrants based on ethnic origin, race or belief. The Government had abolished the pass system which restricted full freedom of movement of citizens. The Criminal Code punished hate crimes and any acts of discrimination based on religion. There were 128 religious organizations in the country of which 104 were Islamic; of those 99 were Sunni and five were Shia. In 2011, 1,700 stateless individuals permanently residing in the country were granted citizenship. The Government had opened information centres on human rights in regional areas to promote awareness-raising among citizens of their rights.
Questions from the Experts
ION DIACONU, Committee Member acting as Country Rapporteur for Turkmenistan, said Turkmenistan had a population of 5.4 million and was situated in Central Asia. The country had achieved independence in 1991 after the dissolution of the Soviet Union and proclaimed its permanent neutrality in 1995. More than 40 ethnic minorities resided in the country, accounting for 5.3 per cent of the population. The Committee noted a diminution of the proportion of national minorities from 1995 to 2005 and requested data on minority peoples with a special reference to the Baluchi minority group. Were minorities recognized by law and were there mechanisms through which they could be consulted when decisions were taken on issues of concern to them?
The Committee expressed concern about reported instances of hate speech against national and ethnic minorities by high ranking Government officials. The Rapporteur asked about the current situation concerning the prevention and prosecution of hate speech or incitement to hate offences in light of new legislation and trends in the country. The Rapporteur was also concerned by possible limitations placed on the condemnation of direct and indirect violations of human rights motivated by race or nationality. Could the delegation provide all the texts of the criminal code in extenso so that the Committee could consider them in light of the provisions of article four of the Convention? Although generally recognized norms and international treaties ratified by the Government had priority over national legislation, the Rapporteur noted there was no legal definition of racial discrimination in accordance with the Convention. A partial definition was given in the Labour Code but not in other laws.
The report provided data on the representation of minority groups at local and regional levels and in the Ministry of the Interior. Were minority groups also represented in parliament, administration, justice and other fields of the Government? There was concern about reports that third generation tests would be imposed on persons seeking public sector employment and those minorities would face restrictions with regard to training and employment in the public sector for reasons of their non Turkmen background.
As Turkmenistan did not accept dual citizenship and since an agreement with the Russian Federation was cancelled in 2003, the Committee had a number of concerns about citizenship. What conditions had to be met to attain Turkmen citizenship? Concerning the estimated 20,000 stateless persons residing in the country, what policies or measures had the Government considered to resolve the problem of stateless persons?
What was the situation of women and girls from minority groups in the areas of education and employment? Had the Government established any policies to prevent minority girls from becoming victims of trafficking because of limited opportunities for social integration due to poor education and employment opportunities? How were Constitutional provisions affirming the right to use mother tongue and to choose the language of education implemented, how many schools offered education to minority groups, and what minority languages were offered?
The Rapporteur asked about cultural rights and what efforts the Government had made to preserve and develop the culture of minority groups. Could the delegation provide information on books available in minority languages, and the openness of the country to foreign cultural exchanges, festivals and joint activities with the involvement of minority groups to preserve their national cultural identity? What proportion of minority groups were involved in sports and in the education system? Minorities reportedly faced serious limitations in accessing universities, unless they had high level connections.
Experts raised concerns about discrimination in the workplace. The Committee had received reports about Uzbek teachers fired from their jobs in order to save money, who were then replaced by Turkmen teachers. Non Turkmen minorities were reported to hold low level positions in the civil service. A non-governmental organization outside of Turkmenistan that focused on the country was subject to a cyber attack with indications that the security services of Turkmenistan were involved. Could the delegation respond to those allegations? No non-governmental organizations had been present during the review, and an Expert urged the State party to ensure that the active participation of non-governmental organizations would be incorporated for their next report.
Numerous bodies were responsible for receiving and examining citizens’ complaints and communications, such as the Ministry of Justice, the Supreme Court, the Office of the General Prosecutor, the Bar and the editorial office of newspapers. Could the delegation clarify why the Bar and the press considered complaints about human rights violations? The Rapporteur recommended the creation of an independent national institution for human rights in conformity with the Paris Principles. The independence of the National Institute for Democracy and Human Rights was questioned because it was located in the Office of the President.
The Rapporteur recommended that the State party consider adhering to the 1961 Convention on the Reduction of Statelessness, and could the State party consider accepting article 14 of the Convention? He asked how many refugees were received each year in Turkmenistan, and how they were treated.
Could the delegation provide detail on the breakdown of ethnic minorities in the country, notably the division among Dargins, Mordova, and Lezgins? Prior to independence, Roma had resided in Turkmenistan, could the delegation provide information on the socio-economic situation of Roma in the country, a vulnerable group due to their nomadic tradition. Had the Roma become settled and had the delegation considered the Committee’s adoption of General Recommendation 27 on how to deal with the Roma.
It was not sufficient to have legal texts to eliminate racial discrimination in society, which was why the Committee required State parties to provide information on complaints of acts of racial discrimination and sentences imposed. A lack of complaints, as was the case with Turkmenistan, was not necessarily positive because it demonstrated a lack of awareness of human rights or insufficient trust in police and the justice system. Could the delegation provide more information on the amendment of the propiska, or pass system, which required registration laws for citizens.
An Expert congratulated the State party on positive aspects of new legislation but raised a concern about some provisions of the Criminal Code. The Law that applied the Convention in the Criminal Code included acts that offended ethnic pride, for example producing ostracism, wording which went broader and beyond words and acts inciting racial hatred as defined in the Convention. The Expert was concerned that those laws could infringe on the right of freedom of expression. Concerning Article 177 of the Criminal Code on hate speech, an Expert said that hate speech prosecutions could be used both in defence of and against minorities. Could the delegation comment on supplementary strategies for combating hate speech and what other methods beside criminal law could be used to address hate speech. Reports indicated that there were extreme controls on freedom of press in the country, could the delegation explain the reasoning for such controls.
Concerning the intersection between religious issues and racial discrimination, an Expert asked whether there was a link between discrimination and the Gregorian Armenian ethnic group. How had the Government tackled the issue of registration of the Gregorian Armenian church, were there restrictions on their ability to practice their religion in the country?
Response by the Delegation
BATYR ERNIYAZOV, First Deputy Minister of Justice and Head of the Delegation, said that Turkmenistan was a secular State which had been one of the only countries belonging to the former Soviet Union which had not experienced violence during the transition process. The Constitution declared that the supreme value of the State was the human being. The Government allocated more than 70 per cent of its annual budget to social needs. For example, the Government constructed homes across the country that allocated 150 sq meters to each family; the State paid 50 per cent of the cost and provided families with one per cent interest loans. Turkmenistan had abolished the death penalty. There were no distinctions on the provision of services based on ethnic minorities. Gas and electricity were supplied free of charge; citizens received more than 1.5 tons of free petrol per annum in addition to free salt and some were also provided with free medical care. The State provided mortgage credits to newly-married young couples for a period of thirty years at an interest rate of one per cent, and a special concession over the first five years. The State had shifted from an agricultural to an industrial base, to provide jobs for citizens; oil refiners and textile factories were built in major cities. From 2006 to 2011, 7,309 ethnic Turkmenistan minorities abroad had returned to their homeland to take up residence. The Government would conduct a population census at the end of 2012 with the assistance of international experts to ensure that data was in accordance with international standards.
Regarding the involvement of the Bar and newspapers in the complaints process, a delegate said that public reception centres had been created at the Justice Newspaper and were manned by specialists of the Ministry of Justice. The Government had established those public reception rooms so that citizens could receive immediate attention on their cases from public lawyers who outlined their rights. Reception areas in the editorial offices of the Justice Newspaper eliminated red tape and facilitated ease of interaction between citizens and the State. Furthermore the Justice newspaper was chosen to house the reception centres because of the human interest of the story that then could be published in the newspaper. The National Institute on Democracy and Human Rights under the Office of the President both considered citizens’ complaints and made recommendations to the President on human rights reforms. Complaints were accepted in both written and oral form, consultation services were provided and citizens were sent to competent bodies for resolution. At the end of the year, complaints received were analysed, which was used as an input into legislative reforms.
Religious organizations were governed by the law on religious freedoms and confessions. A wide range of religious groups operated across the country. All religious organizations were required to be registered by law so that the Government could ensure that they did not violate the Constitution, including by incitement of hate speech. The speaker said that there was a Religious Council under the President which informed the State of the activities of different confessions so that visa support and other assistance could be provided to those groups.
Senior Government ministers were nominated by the President but required the approval of Parliament before taking up their posts. Citizens were entitled to be elected if they were over 18 years. Every citizen had an equal vote. Parliamentary deputies were selected from candidates put forth by political parties. The number of candidates was not restricted.
Concerning dual citizenship, the Government only recognized Turkmen citizenship. The issue of dual Russian Turkmen citizens would be resolved in 2013, when the Government of Russia would make a decision about the status of those individuals.
The delegation explained that there were restrictions on the ability of citizens to leave the country depending on criminal charges, debts or if they had obtained State secrets. Prohibitions on leaving the country were governed by a Commission of representatives of the Migration Service, the Parliament and the Ministry of Justice. Twice a week the Commission met to consider communications from citizens who were refused the right to leave the country with an immediate ruling on their status.
Article 177 of the Criminal Code prohibited deliberate actions that incited ethnic, national, or racist violence, including in the media, or if the actions were only prepared but not carried out. Criminal legislation sought not only to punish but to ensure that people could be rehabilitated; appropriate sanctions were applied depending on the conditions of each specific case. The independence of the judiciary was enshrined in the Constitution. A Law protected the rights of citizens to submit inquires or make suggestions to State bodies; the law proscribed that officials must reply within either 15 or 40 days depending on the complexity of the issue and would be held responsible if they could not meet the requirements of the law. No Government leaders had engaged in hate speech.
The 2010 Labour Code specified that all citizens had the right to work and each was freely entitled to choose his place of work. The State guaranteed protection of labour rights; State employment bodies provided free assistance to the population in applying for jobs. The Law required the following documents when an employment contract was entered into: an identity card (passport), a certification of completion of military service, a document specifying the skills of the candidate, a diploma, and a medical certificate of good health. Any other documents could not be requested and the delegation denied the accusation that individuals applying to the civil service must prove they were third generation Turkmen.
The process of acquiring citizenship was regulated by the law. A person could apply for citizenship by petition if they met the following four conditions: undertook to respect the laws of the Constitution, understood the State language of Turkmenistan to a conversational level, had been residing in the country for the last seven years, and had a legal source of income in the country. In exceptional circumstances, the President could grant citizenship if the person simply undertook to respect the laws of the Constitution. Individuals who had lived in Turkmenistan but were forced to leave as a result of political persecution could also be granted citizenship which would cover their children. Individuals deprived of citizenship could have it restored if they presented a petition and met the requirements of the law.
Since 1998 when a United Nations High Commissioner for Refugees office was established in the county, more than 6,000 Tajik and Afghan refugees had returned to their homes. In 2010, over 13,000 refugees were given Turkmenistan citizenship and 3,000 refugees were given permanent residence status. There were currently no refugees in the country. In 2010, the Government endorsed an action plan with United Nations High Commissioner for Refugees to reduce statelessness and granted Turkmenistan citizenship to 3,300 stateless persons.
All children residing in the country had the right to receive an education with textbooks and other learning materials free of charge. Education was provided to all citizens, regardless of sex, race, nationality, ethnic origin, or religious conviction. The Turkmenistan language was an essential factor of nationality and was the primary language of instruction in schools. Children from minorities were given the opportunity to use their native language in mixed language schools, including Kazak, Russian, and Turkish. In 2009, a new Turkmen Russian school, The Pushkin School, was opened in the capital with more than 900 pupils; there were 8 Turkmen Turkish language schools; 1,000 intermediate schools using both Turkmen and Russian; and 120 schools that used other languages of instruction. The Government had concluded education cooperation agreements with the European Union, countries in Asia, and the Russian Federation. In 2010 the President provided a personal notebook to every child. Strengthening of the education system in accordance with international standards was a primary concern of the Government.
Citizen complaints against the State could be carried out through either civil or criminal proceedings. Turkmenistan had already ratified International Labour Organization 111. There were no people of African descent living as a minority population in the country although there were African migrant workers. There were no Roma residing the country. The Armenian Gregorian Church had not requested registration of its church with the Government.
A National Institute of Democracy and Human Rights under the President’s Office coordinated the Interdepartmental Commission on Compliance with International Human Rights Obligations. The Government sent a fact finding mission to the Danish Institute to study human rights institutions operating under the Paris Principles, complaints procedures and other mechanisms. A long and short term plan would be established for cooperation with the Danish Institute which would assist the Government in its institutional infrastructure to protect and promote human rights.
The Government had conducted awareness raising seminars with representatives of law enforcement agencies, State structures and non-governmental organizations about the context of human rights Conventions. An information resource centre on human rights had been opened to conduct seminars and roundtables for civil servants on the process of reporting to United Nations treaty bodies, and to inform citizens on exercising their rights. Regional information resource centres on human rights were also planned.
Teacher training on human rights was on-going. As part of their training, teachers were able to undertake a study trip to a country with a successful record in teaching human rights. The Academy of State Civil Servants had organized lectures on human rights obligations. Internet access was free. The Government did exercise control on internet sites which incited violence, had child paedophilia, or anything that negatively impacted the life and health of the population.
All citizens residing in the country, regardless of their nationality or minority, received equal access to health services. Foreigners, stateless persons and refugees all received free medical care. Basic primary medical services were guaranteed. The delegation said that the propiska system was still in place but only for the provision and regulation of social services, medical care and military service. Residents were assigned doctors, received medical attention and prenatal and postnatal maternity care in their homes and were allocated to military units to carry out their mandatory military service under the propiska system.
Questions from Experts
ION DIACONU, Country Rapporteur for Turkmenistan, took note of the country’s legal reforms but remained concerned about how legislation was enforced. Could the propiska system be used to limit the freedom of movement of citizens? The Rapporteur asked if an identity card could be introduced as a replacement system. In terms of consultations with minorities, the Committee was interested not only in citizen complaints but how the Government had actively engaged with civil society organizations to incorporate minority interests, which accounted for 5.2 per cent of the population. In particular what input came from the Uzbek minority, as there had been reports of violence between Uzbek and Turkmen groups.
The Rapporteur was concerned about the presence of the press at the citizen advice bureaus located in the Justice Newspaper, as there should be a respect of confidentiality on complaints. Judicial independence was a perquisite for access to justice and guaranteeing a free and fair trial. An Expert noted the role of Parliament in approving Presidential appointments and asked about the process of appointment for magistrates and justices at the lower levels of Government and for the General Prosecutor.
An Expert reiterated his concern about a recent Amnesty International report that highlighted restrictions on access to employment and education based on ethnicity. There were over 8,000 ethnic minorities who had recently returned to Turkmenistan, could the delegation explain which ethnic groups they belonged to and why they had returned? An Expert returned to the statement of the delegation that there were no refugees in the country noting that the President had the power to withdrawal nationality or asylum to citizens. How there could be no more refugees in Turkmenistan when the country was situated in a region marked by conflict, and was there a code on nationality or was the Constitution used to determine Presidential power on citizenship?
The Committee was concerned that the overly-broad hate speech law was subject to misuse and could be applied to repress minorities and human rights defenders. For example, article 177 made it a crime to injure the feelings of an individual on the basis of religion. An Expert asked the delegation to provide a complete text of the law so that more analysis could be made. Could the delegation provide the text of the law that governed controls of the Internet and were those controls linked to article 177? There was concern that controls could limit the ability of non-governmental organizations to effectively function in the country. An Expert said that the work and input of non-governmental organizations was critical for the Committee in understanding how the country was dealing with human rights issues.
Response by the Delegation
The Ministry of Justice organized citizen advice bureaus, and each citizen could decide to whom he would appeal, including whether or not he would share his story with a journalist.
The delegation explained that trade unions could address requests to the State from its members. Under the Constitution, a citizen could live anywhere regardless of where he was registered. The propiska system was designed to assist and not control citizens. The housing code clearly stated that individuals could reside in any part of the country with the right to move freely from one location to another.
There were no ethnic Uzbek disputes in Turkmenistan. There was considerable intermarriage between Turkmens and Uzbeks, and Uzbeks worked in State bodies.
Education was conducted in Turkmen but it was mandatory to teach Russian as the secondary language in all schools, with English being taught as the third language. In the fourth grade students had the opportunity to study another language, such as Farsi or German. There were 127 schools teaching ethnic minority languages.
University admission was not dependent on ethnic origin but on the results of competitive exams. There were no ethnic requirements for employment and there were no limitations in the education system. All citizens were required to receive a secondary school certificate. University education was a personal choice and entrance was based on the results of a competitive exam. There were commissions in Universities that could permit a student who had not fully completed the requirement of secondary education but had passed the entrance exam to be permitted entrance to university.
Concerning refugees, the main influx had come during the civil war in Tajikistan and the heavy fighting in Afghanistan but as those two situations had calmed down, 50 per cent of the Tajik refugees had returned to their country, and the remaining had either been granted Turkmen citizenship or permanent residence. The majority of Afghans had returned to Afghanistan. There were 62 cases of refugees in the country who neither wanted to return to their place of origin nor to remain in Turkmenistan and the United Nations High Commissioner for Refugees was currently seeking a third country for them. Concerning returning migrants, the reasons could be based on the family or employment. Many citizens understood that the benefits they received in terms of free petrol and electricity along with the low cost of living made it economically viable to return to their country.
The General Prosecutor of Turkmenistan was appointed by the President and approved by the Parliament. A Qualifying Collegiate Commission originated the selection of regional and district judges. That Commission sent judge candidates to the President of the Supreme Court for his input before the President gave final approval. Concerning the intention to commit a crime, the norm of preparation or planning of the crime was carried out in article 177. An attempt to carry out the crime would fall under a different article.
The Constitution was the supreme law of the Country and had primacy over all other laws. The Constitution established the rights of the President to grant or withdraw citizenship. In parallel, there were two laws, the Law on the Presidency and the Law on Citizenship, which set out in what cases and conditions the President could act.
Concluding Remarks
ION DIACONU, Country Rapporteur for Turkmenistan, said that Turkmenistan had legislation prohibiting racial discrimination and the Government had shown it was focused on improving the situation of human rights in the country. However improvements could still be made; the relationship with minority groups should be institutionalized, minority languages and cultures should be promoted throughout the country, and the presentation of complaints and the implementation of legislation should be done on a non-discriminatory manner. The Committee noted the commitments Turkmenistan had taken under its Universal Periodic Review and looked forward to the implementation of all of those commitments during the next reporting period.
BATYR ERNIYAZOV, First Deputy Minister of Justice and Head of the Delegation, said that all the comments and observations of the Committee would be carefully considered. The policies of the President of Turkmenistan were based on peace and mutual respect among all countries. The Government was committed to strengthening cooperation with international organizations and would do its utmost to improve national legislation to bring it into line with international norms.
For use of the information media; not an official record
CERD12/011E