24/3 Report of the Working Group on the Universal Periodic Review - Turkmenistan
Document Type: Final Report
Date: 2013 Jul
Session: 24th Regular Session (2013 Sep)
Agenda Item: Item6: Universal Periodic Review
GE.13-15449
Human Rights Council Twenty-fourth session
Agenda item 6 Universal Periodic Review
Report of the Working Group on the Universal Periodic Review*
Turkmenistan
* The annex to the present report is circulated as received.
Contents Paragraphs Page
Introduction ............................................................................................................. 1–4 3
I. Summary of the proceedings of the review process ................................................ 5–111 3
A. Presentation by the State under review ........................................................... 5–16 3
B. Interactive dialogue and responses by the State under review ........................ 17–111 5
II. Conclusions and/or recommendations ..................................................................... 112–115 14
Annex
Composition of the delegation ......................................................................................................... 26
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its sixteenth session from 22 April to 3 May 2013. The review of Turkmenistan was held at the 1st meeting on 22 April 2013. The delegation of Turkmenistan was headed by Vepa Hajiyev, Deputy Minister of Foreign Affairs. At its 10th meeting, held on 26 April 2013, the Working Group adopted the report on Turkmenistan.
2. On 14 January 2013, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Turkmenistan: Botswana, Ecuador and the Philippines.
3. In accordance with paragraph 15 of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to resolution 16/21, the following documents were issued for the review of Turkmenistan:
(a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/16/TKM/1);
(b) A compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/16/TKM/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/16/TKM/3).
4. A list of questions prepared in advance by the Czech Republic, Mexico, Montenegro, Norway, Slovenia, Spain, Sweden and the United Kingdom of Great Britain and Northern Ireland was transmitted to Turkmenistan through the troika. These questions are available on the extranet of the universal periodic review (UPR).
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The delegation reported that considerable progress had been made in the implementation of obligations undertaken by Turkmenistan in the framework of the universal periodic review. Changes had been made in legislation to bring it in line with international standards and reforms had been carried out in various areas under the leadership of the President of Turkmenistan. The national economy had been developing and investments in science, education, health, culture and social infrastructure had been increased. The delegation expressed confidence that constructive dialogue in the working group would enable the Government to enhance further the progress in promoting the progressive realization of human rights and freedoms.
6. The delegation noted the efforts of Turkmenistan at the international level and its active participation and enhanced role in the work of a number of international organizations, including the United Nations Economic and Social Council (ECOSOC), the Office of the United Nations High Commissioner for Refugees (UNHCR) and the United Nations Economic Commission for Europe (UNECE). During the reporting period Turkmenistan acceded to a number of international human rights instruments, including the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol (OP-CRPD), and the 1954 and 1961 Conventions on statelessness.
7. The delegation stated that the National Commission on the improvement of legislation had developed recommendations to improve existing legislation and draft new laws and regulations by taking into account provisions of the international human rights treaties ratified by Turkmenistan. The Parliament had also taken measures to ensure the conformity of the newly adopted and amended laws with international law. The delegation pointed to several new laws that were adopted in the framework of reforms, including the Criminal Procedural Code and the Family Code, which incorporated the provisions of the relevant international human rights treaties.
8. The delegation pointed out that the Government had paid heightened attention to the penitentiary system. Renovation work had been carried out in the penitentiary institutions and the construction of a new women’s prison would finish in 2013. Medical infrastructure had been improved in prisons and production units had been created to provide new job opportunities for prisoners. Substantial State budget allocations had been made for these efforts. The Government, in cooperation with the International Committee of the Red Cross (ICRC) in Central Asia, had been implementing a plan of action within the framework of multilateral cooperation in the penitentiary system. According to the Plan, humanitarian visits by ICRC representatives to penitentiary institutions had been carried out since 2011. Monitoring by ICRC found that conditions in juvenile correctional facilities met the international standards. The Government had been studying the possibility of accession to the Optional Protocol to the Convention against Torture (OP-CAT).
9. Long-term strategic development objectives were defined in a number of policy documents, including the National Programme on Social and Economic Development for 2011-2030 and the National Programme of the President of Turkmenistan on changes to social conditions in villages, cities and regional centres for the period until 2020. The main objective of the latter was to provide people living in rural areas with high quality social and employment conditions similar to urban standards. During the period 2008-2012, US$4.8 billion were allocated from the State budget to carry out large projects in rural areas. New housing units, schools, medical institutions, cultural and sport centres had been constructed as part of those projects.
10. The delegation stated that various measures, including the construction of new medical and sport centres, and the modernization of medical equipment had been carried out to provide quality health care and ensure the well-being of the population, as those remained priority areas under State policy. The Government cooperated with international organizations, including the World Health Organization and United Nations Children’s Fund (UNICEF). The reform in the education system had been carried out in accordance with the Presidential Decree of 2013, which transformed the school education system from a 10-year to a 12-year system.
11. The delegation stated that the Government had taken measures to create an information-telecommunication infrastructure as well as legal, organizational and financial conditions for the development of an information society. Science and education institutions had been fully equipped with computers. Multimedia centres and school and university students had studied information technology subjects. An e-Governance system had been introduced in the public administration system. Internet services had been made accessible to citizens and educational institutions had been connected to the internet network.
12. The delegation highlighted the fact that Turkmenistan had experienced 11 per cent economic growth in the past five years, which had led to a steady increase in gross domestic product (GDP) per capita. In 2012, GDP per capita had exceeded the standard threshold for countries with an average high level of income. Furthermore, the 2012 population census documented positive changes in the living standards and housing conditions of the population. During the economic crisis Turkmenistan had not renounced
any of its social obligations. The salaries of public workers, pensions and social benefits had increased and the Government continued to provide privileges to cover housing, utilities, transportation and communication costs, and free-of-charge electricity, natural gas, water and salt, as well as fuel subsidies to private car owners. Additional budget allocations for salaries and academic payments had been introduced to boost scientific innovation and strengthen the scientific capacity of the country.
13. The delegation stated that the Government had taken measures to strengthen its reporting to the treaty bodies of the United Nations. The Interdepartmental Commission on the implementation of international human rights obligations had organized various events with the objective of studying international best practices and experiences in the protection of human rights and freedoms. The Interdepartmental Commission maintained an active dialogue with the Regional Office of the High Commissioner for Human Rights (OHCHR), the United Nations Development Programme (UNDP), UNICEF, the United Nations Population Fund (UNFPA), the Office of the United Nations High Commissioner for Refugees (UNHCR) and other agencies of the United Nations, concerning the preparation of national reports, implementation of recommendations of treaty bodies and carrying out of joint activities. Due to the work of the Interdepartmental Commission the preparation and submission of periodic reports to the treaty bodies and reports to the Human Rights Council mechanisms had been carried out in a timely manner in recent years.
14. Turkmenistan had participated in international cooperation on the protection of the rights and best interests of the child. Furthermore, the National Programme for 2011-2015 on early development and preparation of the child for school had been adopted by presidential decree in 2011. The General Programme on development of the juvenile justice system was also adopted in 2012.
15. The joint project of the European Commission, OHCHR and UNDP entitled “Strengthening the national capacity of Turkmenistan to promote and protect human rights”, which was initiated by the Government with the objective of further strengthening meaningful dialogue on the protection of human rights, had been implemented in cooperation with the National Institute of Democracy and Human Rights under the President of Turkmenistan. As part of this project, the Information Centre on human rights had been established at the National Institute of Democracy and Human Rights under the President of Turkmenistan. Similar centres had been opened at higher educational institutions in all regions to increase the awareness of public employees, scientists, students, civil society members and other interested parties in the area of human rights. Also as part of the Project a national plan of action on human rights was being drafted.
16. The delegation stated that the above measures demonstrated the commitment and readiness of Turkmenistan to implement its human rights obligations. It stressed that Turkmenistan had been steadily implementing the objectives set by the President to further strengthen the independence, neutrality, sociopolitical stability and national unity of the country as well as protect human rights and freedoms, ensure social justice and the well- being of the people, and the further democratization of the society.
B. Interactive dialogue and responses by the State under review
17. During the interactive dialogue, 77 delegations made statements. Recommendations made during the dialogue are to be found in section II of the present report.
18. Romania noted the submission of all overdue reports to the human rights treaty bodies, and welcomed ratification of the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness. Romania made a recommendation.
19. The Russian Federation noted progress achieved in the protection of human rights and the readiness of Turkmenistan to cooperate with international human rights mechanisms. It considered it important that Turkmenistan continued harmonizing its domestic legislation and practice with international human rights obligations. It made recommendations.
20. Saudi Arabia stated that Turkmenistan had joined over 120 international treaties and also become a member of many international organizations, which is a mark of appreciation from the international community for its efforts to make an effective contribution to global development. Saudi Arabia made a recommendation.
21. Senegal remarked on the accession of Turkmenistan to a number of international instruments and the adoption of legislative measures. It drew attention to measures to improve living standards and efforts to reduce disparities between urban and rural zones. Senegal made recommendations.
22. Singapore noted the improved environment for human rights provided by economic growth and efforts to reform the education system. The Children’s Rights Acts and the Young People’s Right to Work (Guarantees) Act were also noted. Singapore made recommendations.
23. Slovakia commended ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (OP-CEDAW), OP-CRPD and the 1945 and 1961 Conventions on statelessness, and welcomed the criminalization of human trafficking. It acknowledged the ongoing review of the education system. Slovakia made recommendations.
24. Slovenia welcomed cooperation with international partners, yet regretted poor progress regarding the freedoms of expression, assembly and association, and non- discrimination against minorities. Turkmenistan had not yet taken a position on two previous recommendations by Slovenia. It made recommendations.
25. Spain noted the interest in improving compliance with international obligations by establishing, in cooperation with OHCHR, national reporting mechanisms. Spain took note of the national process of reflection on the invitation of special rapporteurs as well as efforts for economic and social development. Spain made recommendations.
26. Sri Lanka took note of enhanced engagement with United Nations organizations, accession to international instruments and legislation protecting human rights. The national programme for social and economic development and initiatives to strengthen social security were also noteworthy. It made recommendations.
27. The State of Palestine noted the efforts of Turkmenistan to improve the rights of children and women. It commended the election of Turkmenistan to ECOSOC. It also welcomed the efforts of Turkmenistan to combat human trafficking in the country. It made recommendations.
28. Sweden noted the Mass Media Act and requested information on the regulations for its practical implementation. Since conditions in detention facilities gave rise to concern, it asked what measures had been taken to improve the situation. Sweden made recommendations.
29. Switzerland reiterated concern at the cooperation of Turkmenistan with United Nations mechanisms and noted that free expression in the media, including on the Internet, was essential. Allegations of torture in places of detention were a cause of concern. Switzerland made recommendations.
30. Tajikistan welcomed the intentions of Turkmenistan to expand its contractual obligations and promote international dialogue. It took positive note of the strengthening of
policies to prevent child labour, increase awareness of human rights instruments and improve education. Tajikistan made recommendations.
31. Thailand noted the determined efforts of Turkmenistan to implement recommendations from the previous review. Thailand encouraged enhanced access to education and health care and to employment for rural and ethnic minority women. Turkmenistan was invited to implement the Bangkok Rules to improve conditions in detention facilities for women.
32. Tunisia supported calls to include in legislation the principle of equality with respect to all rights. The examination of OP-CAT and the Rome Statute should be concluded and a favourable climate provided for journalists and civil society activists. Tunisia made recommendations.
33. Turkey commended the establishment of Human Rights Information Centres and noted the cooperation of Turkmenistan with the international and regional organizations and its organization of joint projects and international conferences on human rights issues. Turkey made a recommendation.
34. The United Arab Emirates appreciated the efforts of Turkmenistan to continue to adapt national legislation to international human rights instruments. It asked Turkmenistan about the status given to promotion of human rights in national social and economic development for the period 2011-2030. It made a recommendation.
35. The delegation stated that improvement in media professionalism remained one of the priorities. The State Committee on Television had developed a range of regulations to implement the new media law, which was adopted in 2012. A joint project had been implemented with the British Broadcasting Corporation (BBC) to enhance media professionalism. Various forms of training on the work of journalists had been provided to the media representatives as part of the project. The delegation reported that seven State television channels were broadcasting and 27 newspapers and 24 journals were in print. To ensure access to public information, almost all State ministries and agencies had their own websites.
36. The United Kingdom of Great Britain and Northern Ireland urged Turkmenistan to address the gap between law and practice and called for improved engagement with special procedures. It expressed concern at political imprisonments and restrictions on freedom of expression, including online. It made recommendations.
37. The United States of America expressed concern at the excessive use of force by security forces, the mistreatment of journalists and religious and ethnic groups, the imprisonment of conscientious objectors, and restrictions on the freedoms of movement and religion. It made recommendations.
38. Uruguay highlighted efforts to bring its national legislation into line with human rights standards and strengthen institutions through the rule of law. Uruguay noted, inter alia, the updating of the aviation code concerning the rights of persons with disabilities. Uruguay made recommendations.
39. Uzbekistan noted the accession of Turkmenistan to various international instruments and welcomed legislative reforms and the strengthening of the protection and promotion of human rights. It noted the importance accorded to economic, social and cultural rights, and the rights to health and education. Uzbekistan made recommendations.
40. The Bolivarian Republic of Venezuela indicated that Turkmenistan had maintained a social orientation in public expenditure. It noted that Turkmenistan had annually increased salaries, pensions, subsidies and scholarships and had continued to provide free electricity
and gas to its population. The Bolivarian Republic of Venezuela highlighted the Code of Social Protection. Venezuela made recommendations.
41. Viet Nam commended socio-economic development, and growth and achievements in legislative reform, job creation, education, health care and social security. Turkmenistan should continue to balance civil and political rights with economic, social and cultural rights, and should adopt measures to improve social infrastructure and welfare for vulnerable groups.
42. Yemen appreciated the country’s significant progress in fulfilling its commitments to implement UPR recommendations and submit national reports on human rights. Yemen called on Turkmenistan to pay attention to the protection of political and civil freedoms.
43. Afghanistan applauded the efforts of Turkmenistan to harmonize national legislation with international treaty obligations. Efforts to balance civil and political rights with economic, social and cultural rights were noted, as were measures to grant refugees and stateless persons citizenship. Afghanistan made recommendations.
44. Algeria noted the incorporation into national legislation of international treaties and the efforts to promote human rights education. While increased expenditure on salaries and pensions was welcomed, the underrepresentation of women in political and public life was a concern. Algeria made recommendations.
45. Argentina noted the 2011-2030 National Programme for social and economic development and the adoption of the law on combating trafficking in persons. Argentina made recommendations.
46. Armenia welcomed legislative reforms, efforts towards a national human rights action plan and progress in the field of education. A remaining challenge, however, was to improve the rights of ethnic and national minorities. Armenia made recommendations.
47. Australia urged the implementation of international instruments, noting that fundamental freedoms had been curtailed and political activists suffered harassment. It expressed alarm at arbitrary detention and torture, and concern at domestic violence, child marriage and discrimination against ethnic and religious minorities. Australia made recommendations.
48. Azerbaijan commended the new Constitution and acknowledged the role of the Interdepartmental Commission in improved cooperation with human rights mechanisms. It noted the dissemination of information on human rights and welcomed measures to increase Internet use. Azerbaijan made recommendations.
49. Bangladesh noted the climate of religious tolerance in Turkmenistan and welcomed new legislation and improvements in the field of health. The country nonetheless continued to face challenges in the full enjoyment of human rights and had to make further progress in some areas. Bangladesh made recommendations.
50. Belarus welcomed legislation furthering the democratic development of the country and accession to new international instruments. It took positive note of the commitment and active work of Turkmenistan to combat trafficking in persons. Belarus made recommendations.
51. Belgium asked how legislation on freedom of religion would be harmonized with international standards. In view of conditions in detention facilities, Belgium asked when visits would be accepted from the Working Group on Arbitrary Detention and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Belgium made recommendations.
52. Bhutan applauded domestic legislation to promote and protect human rights and accession to OP-CEDAW and OP-CRPD. The incorporation of provisions from international human rights treaties into domestic legislation was also noted. Bhutan made recommendations.
53. Brazil noted long-term programmes to improve the situation of vulnerable groups and asked for details of their implementation. Information would be appreciated on how the human rights of persons living with HIV/AIDS were addressed. Brazil made recommendations.
54. Bulgaria took positive note of initiatives for human rights teaching throughout the education system. Measures for gender equality and initiatives to eliminate discrimination against women were also noted. Bulgaria made recommendations.
55. Cambodia welcomed the accession by Turkmenistan to CRPD and OP-CRPD, International Labour Organization (ILO) Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and the 1954 Convention relating to the Status of Stateless persons. Cambodia made a recommendation.
56. Canada asked about the status of the review process for bringing its laws into line with articles 14 and 15 of the International Covenant on Civil and Political Rights (ICCPR) and for the removal of restrictions on journalists to report freely and criticize government policy without fear of repression and the Government’s related policy of directly appointing editors and senior managers to media outlets. Canada made recommendations.
57. Chile noted progress made by Turkmenistan in different areas, such as the promulgation of the new Family Code and laws to strengthen human rights. Chile welcomed measures to prohibit torture and asked about the stage of ratification of OP-CAT. Chile made recommendations.
58. China commended Turkmenistan on its various plans for social and economic development, which had gradually narrowed the gap between urban and rural living standards. Turkmenistan had achieved 11 per cent economic growth over the past years and was also committed to protecting the rights of women and children. China made recommendations.
59. Costa Rica noted that Turkmenistan had been seeking better enjoyment of human rights for its population. Costa Rica was concerned at information on torture and ill- treatment. It asked questions about investigations into enforced disappearances and whether human rights defenders could develop their activities. Costa Rica made recommendations.
60. Cuba highlighted the reforms in the new Constitution; the dissemination of human rights instruments and teaching of human rights in education centres; the promotion and protection of women’s and children’s rights; the prevention of HIV/AIDS and free access to education. Cuba made recommendations.
61. The Czech Republic welcomed the release of several political prisoners, including Valery Pal and Mukhametkuli Aymuradov, but was concerned that other individuals remain imprisoned on politically motivated charges. It made recommendations.
62. The Democratic People’s Republic of Korea commended the efforts made by Turkmenistan for the adoption of a new version of the Constitution, successful reform of the national legal system, and implementation of the 2011-2030 national programme for development. It made recommendations.
63. Egypt welcomed the remarkable efforts by Turkmenistan to promote economic, social and cultural rights and invited Turkmenistan to share with the Human Rights Council its future plans to address these issues. Egypt also noted the increase in the cooperation
between Turkmenistan and the treaty bodies and OHCHR and encouraged the continuation of this. Egypt made recommendations.
64. Estonia invited enhanced cooperation between the Turkmenistan authorities and civil society to strengthen information and knowledge of human rights. It called for the implementation of all provisions of the newly adopted legislation on mass media. Estonia made recommendations.
65. Ethiopia commended the inclusion of provisions of international conventions in the Aviation Code and the Family Code. Ethiopia encouraged Turkmenistan to redouble its efforts to combat cultural discrimination against women and girls and ethnic minorities. It made a recommendation.
66. France commended the efforts made by Turkmenistan since the previous UPR, particularly the adoption of the law on political parties as well as the law on the freedom of media. France made recommendations.
67. Germany requested information on how the Government planned to promote and protect independent media under the Media Act. Germany expressed concern about the continued restrictive treatment of religious communities. It made recommendations.
68. Guatemala welcomed laws on refugees, migration, political parties and the legal situation of foreigners. Guatemala welcomed the possibility of Turkmenistan extending a standing invitation to the special rapporteurs. Guatemala shared the concern of the Committee on the Elimination of Discrimination against Women (CEDAW) regarding the definition of discrimination against women in the Constitution. Guatemala made a recommendation.
69. Hungary invited Turkmenistan to make further efforts to bring an end to situations where opposition, civil society and social networking websites are blocked by the authorities despite the newly drafted regulation. It made recommendations.
70. India noted the inclusion of special features governing employment of persons under 18 years in the Labour Code adopted in 2009 and requested Turkmenistan to further elaborate on working standards for young employees. It encouraged the collaboration of Turkmenistan with OHCHR on developing its national human rights action plan.
71. Indonesia commended the efforts of Turkmenistan to use its economic growth for the benefit of those most in need. It highlighted the various positive measures taken to combat trafficking in persons. Indonesia noted the implementation by Turkmenistan of the HIV/AIDS awareness programmes. It made recommendations.
72. The Islamic Republic of Iran praised Turkmenistan for the adoption of a new version of the Constitution as a logical outcome of progressive reforms in the political, economic, social and cultural life of the people. The Islamic Republic of Iran made recommendations.
73. Iraq applauded the constitutional reforms made by Turkmenistan, which promote the democratic process in the country, and commended Turkmenistan on joining a number of international human rights instruments. Iraq asked about measures taken to promote the protection of the rights of women and children. Iraq made a recommendation.
74. Ireland commended the ratification by Turkmenistan of the 1954 and 1961 Conventions on stateless persons and the recent amendment bringing its national definition of torture in line with article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (CAT). Ireland urged the Government to promote an environment where diverse and critical views can be expressed without fear of harassment, persecution or expulsion. It made recommendations.
75. Italy asked when and how the Government intends to put into practice the recommendations submitted by the Special Rapporteur on freedom of religion. It asked whether obstacles hinder the full respect of everyone’s right to leave their own country in
conformity with ICCPR. Italy made recommendations.
76. Kazakhstan noted the accession by Turkmenistan to several international instruments, and efforts to strengthen national human rights capacity. It welcomed the establishment of Human Rights Information Centres and underlined the benefits of full implementation of the Culture Act of 2010. Kazakhstan made recommendations.
77. Kyrgyzstan noted progress made in the implementation of recommendations made during the 2009 review. It noted with satisfaction that the legal reform by Turkmenistan took into account international human rights standards. The adoption of the Suppression of Trafficking in Persons Act was noteworthy. Kyrgyzstan made recommendations.
78. Latvia addressed the issue of enhanced cooperation with the special procedures of the Human Rights Council. It noted that a significant number of requests by the special procedures mandate holders to visit Turkmenistan had not yet been accepted. Latvia made recommendations.
79. Malaysia praised the many achievements of Turkmenistan in the areas of education, health, and human and social development. It encouraged Turkmenistan to continue to advance its human rights agenda for the betterment of its people. Malaysia made recommendations.
80. Mauritania appreciated the policies of Turkmenistan on combating child labour and cooperating with UNICEF and OHCHR for the promotion and protection of the rights of children. It noted the efforts of Turkmenistan to comply with the international obligations regarding ethnic minorities and combating discrimination, punishing domestic violence, ensuring freedom of expression and fighting intimidation against journalists.
81. Mexico recognized the efforts by Turkmenistan to harmonize its legislation with its international commitments, such as incorporating the definition of torture in compliance with CAT. Mexico noted measures adopted to raise awareness of international human rights instruments among the population to help promote human rights enjoyment. Mexico made recommendations.
82. Montenegro asked Turkmenistan to elaborate on the extent to which non- governmental organizations (NGOs) and other national stakeholders have been engaged in the UPR reporting process and on the measures taken and planned to strengthen the country’s cooperation with human rights mechanisms. It made recommendations.
83. Morocco asked for more information about the specific human rights provisions in the new Constitution. It congratulated Turkmenistan on its action on human rights training. Morocco made recommendations.
84. Myanmar noted with satisfaction the accession by Turkmenistan to a number of international human rights instruments, including CRPD and OP-CRPD. It made recommendations.
85. Namibia commended Turkmenistan for ratifying major conventions, including CRPD, CEDAW and the World Health Organization (WHO) Framework Convention on Tobacco Control. It made recommendations.
86. The Netherlands noted the recent release of the human rights defenders Annakurban Amanklychev and Saparurdy Khajiev but remained concerned about the number of human rights defenders still detained on politically motivated charges. It made recommendations.
87. Nicaragua congratulated Turkmenistan for adopting new laws, ratifying international instruments, and developing strategies for poverty eradication. Nicaragua highlighted the efforts of Turkmenistan to continue cooperating with human rights mechanisms. Nicaragua encouraged Turkmenistan to continue promoting gender policy. Nicaragua made a recommendation.
88. Nigeria commended Turkmenistan for the progress made in promoting and protecting human rights in the country. It made recommendations.
89. Norway welcomed the new Mass Media Act and the ratification of OP-CEDAW. It expressed concern at the recurring problem of domestic violence and continued imprisonment of dissidents, journalists and civil activists. Norway made recommendations
90. Oman stated that Turkmenistan was a party to many basic human rights instruments and that it had also revised the Constitution, which showed its commitment to human rights and determination to make extensive reforms and fulfil international obligations. Oman made a recommendation.
91. Pakistan highlighted the efforts of Turkmenistan to amend and adopt new legislation to meet its obligations under CAT, CEDAW, the Committee on the Rights of the Child (CRC) and CRPD. It expressed appreciation for the Social Protection Code. It made recommendations.
92. Paraguay welcomed the legislative developments in ensuring due process; the effective application of habeas corpus and the reform of criminal procedure. Paraguay encouraged Turkmenistan to continue broadly guaranteeing human rights, particularly ensuring compliance with recommendations made by CAT, CEDAW and ILO. Paraguay made a recommendation.
93. Poland asked what measures had been taken to implement the 2011 recommendations by CAT regarding improvement of detention conditions. It emphasized the Turkmenistan Government’s responsibility to guarantee the right of individuals to
freedom of opinion. Poland made recommendations.
94. Qatar noted the institutional and legislative reforms by Turkmenistan to promote and protect human rights. It also noted progress in implementing the recommendations of the Human Rights Council and cooperation with the treaty bodies. It welcomed the initiative to promote the rights of children and of persons with disabilities. Qatar made a recommendation.
95. The Republic of Moldova commended Turkmenistan for developing its capacity to promote and protect human rights and for improving its interaction with the United Nations treaty bodies including through implementation of projects. It acknowledged steps undertaken to ensure gender equality. It made recommendations.
96. Being a secular State, Turkmenistan strove to achieve mutual understanding and tolerance among various religious groups. There had been 128 religious organizations functioning in the country. The Government had been analysing the recommendations made by the United Nations Special Rapporteur on freedom of religion in order to further improve domestic legislation.
97. The delegation reported that 240 NGOs operate in the country and no refusal of a request for registration had occurred during the reporting period. Public associations had been carrying out their activities without obstacles.
98. The delegation stated that progress in socio-economic development of the country was remarkable, especially in the area of investments and in housing in the rural areas. The Government planned to modernize 15 different areas of infrastructure, including health
services and education. A special programme had been adopted and implemented to ensure access to drinking water, especially in remote areas with limited water resources.
99. In response to questions of equal rights for women, the delegation stated that more than 40 per cent of those working in the economic sphere were women, and in several sectors, such as health, culture, science and education, women constituted more than 60 per cent of those employed. While the delegation considered that the equality of women did not constitute an acute problem in the country, it noted, however, that the Government had been constantly trying to involve women in public work. For example, some deputy heads of local authorities were women, who were responsible for education and culture issues as these were often related to women’s issues.
100. The delegation stated that the Government continued to focus on the provision of affordable social benefits and the creation of new job opportunities. Even during the financial crisis, the Government ensured that no productive units stopped working.
101. The delegation noted that since 2010 no information on cases of prosecutions and attacks against individuals who provided information, including information of a critical nature, had been received. Turkmenistan had established close cooperation with OHCHR in order to provide timely responses to individual complaints and communications in this regard. It also worked with other organizations, including the United Nations Educational, Scientific and Cultural Organization (UNESCO) in order to provide answers to all questions mentioned in the individual complaints within a short period, of three to five months. Bilateral cooperation with countries in Europe and North America had also been enhanced.
102. In response to the question regarding the case of Mr. Ananyazov, the delegation mentioned that Mr. Ananyazov had been serving a sentence for illegal crossing of the State border with the use of an illegal passport. While serving his sentence in prison, he had been given access to his relatives and had been enjoying appropriate medical services. The delegation noted that his detention conditions remained satisfactory.
103. In response to questions regarding the attack against the first President of Turkmenistan, the delegation reported that a number of citizens who were connected with attacks by providing some assistance to the main attackers had been granted an amnesty and pardoned. A number of individuals who were directly involved in the attack had been serving their sentences.
104. The delegation reported that NGOs had regularly participated in the meetings of the interdepartmental commission on the implementation of international obligations of Turkmenistan. Several NGOs took part in the process of reporting by Turkmenistan to CEDAW. Turkmenistan had been trying to gradually ensure the participation of NGOs in various public processes and dozens of NGOs had been involved in the national consultations on the development agenda of the country.
105. With respect to the questions regarding the freedom of movement, the delegation briefed the Working Group that since 2010 there had not been a single case of restrictions imposed on citizens who wanted to leave the country. However the Government had had to prohibit the right to exit the country of a number of citizens who had been deported from other countries in the past. The new legislation on migration incorporated the relevant provisions of ICCPR.
106. Turkmenistan had ratified eight fundamental ILO conventions, including Conventions no. 138 (1973) concerning Minimum Age for Admission to Employment and No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, and legislation concerning youth labour had been brought in
line with international standards. All labour guarantees for people under 18 years old were explicitly set out in the 2009 Labour Code.
107. The delegation pointed out that the revised Constitution guaranteed equal rights and freedoms to all citizens without discrimination on any ground, that all citizens were guaranteed the use of their mother tongue and that recognition of the Turkmen language as a State language did not limit the constitutional rights of citizens to use their ethnic language. Legal, judicial and practical measures existed to ensure strong guarantees for prohibiting and preventing any discriminatory or criminal acts on ethnic grounds. The Government also provided legal guarantees to ensure participation of all its citizens in their cultural life.
108. With respect to gender equality, the delegation stated that the Government planned to organize a number of events with the participation of international experts and representatives of CEDAW members for the implementation of the recommendations of CEDAW. In this respect, the Government was closely cooperating with the international organizations, including UNFPA and had been working on a draft plan of action on the rights of women.
109. The delegation reported that recommendations made by the Organization for Security and Co-operation in Europe (OSCE) regarding electoral issues had been studied by the Parliament and that they would be taken into account and incorporated to the extent possible and necessary in the new Electoral Code that was in the process of being drafted by the Parliament. Furthermore, according to the Law on Political Parties, which was adopted in 2012, the purpose of the political party was to: shape public opinion and improve political awareness and education of citizens, bring up citizens’ views on various issues of public life before the local government bodies and participate in elections by nominating their candidates for the elections. The political parties took part in the work of the central and local government bodies through their elected members.
110. In response to the questions on the international observers’ participation in the upcoming elections, the delegation reported that the international observers should be accredited by the Central Electoral Commission to monitor the elections in accordance with the procedures set by the legislation and based on the official invitation. The delegation believed that an invitation to the international observers was anticipated for the upcoming elections.
111. In conclusion, the delegation thanked all for the useful and interesting questions raised, and stated that additional responses would be provided before the adoption of the outcome of the review in September 2013.
II. Conclusions and/or recommendations**
112. The recommendations formulated during the interactive dialogue and listed below enjoy the support of Turkmenistan:
112.1. Consider the ratification of the UNESCO Convention against Discrimination in Education (State of Palestine);
112.2. Concentrate on the implementation of the international human rights instruments that have been ratified by Turkmenistan (Afghanistan);
** Conclusions and recommendations have not been edited.
112.3. Continue the work in bringing the national legislation in line with the international obligations of Turkmenistan (Russian Federation);
112.4. Continue legal and legislative reforms and develop means to implement and monitor them (Saudi Arabia);
112.5. Continue its ongoing review of national laws to ensure that they are in line with its international human rights law obligations (Afghanistan);
112.6. Continue to review national legislation in order to ensure that it is in line with the State’s international human rights obligations (Bhutan);
112.7. Continue bringing its legislations and policies more in line with its respective obligations under international human rights law (Egypt);
112.8. Continue efforts to meet the challenges in the legal and institutional framework (Senegal);
112.9. Continue to ensure that legislation under consideration for adoption is consistent with international law and the international obligations of
Turkmenistan (Nigeria);
112.10. Continue to review national legislation in order to ensure that it is in line with the State’s international human rights obligations (Pakistan);
112.11. Continue harmonizing national legislation with the Convention on the Rights of Persons with Disabilities (CRPD) (Cuba);
112.12. Continue applying its successful programmes implementing CRPD (Venezuela (Bolivarian Republic of));
112.13. Continue implementing its national policies and programmes outlined, with the aim of further improving the well-being of its people
(Malaysia);
112.14. Provide adequate financial and human resources to the information centres established to promote and increase awareness on human rights issues
(Malaysia);
112.15. Develop and promote education in the area of human rights and the dissemination of knowledge on international human rights standards among
the population (Russian Federation);
112.16. Continue to promote education and human rights training at the national level (Senegal);
112.17. Continue strengthening human rights culture and capacity-building (Democratic People’s Republic of Korea);
112.18. Continue its programme on human rights education and public awareness-raising (Myanmar);
112.19. Continue to conduct outreach activities to raise awareness of people on human rights (Afghanistan);
112.20. Continue to train and improve the level of education and awareness of the judiciary and law enforcement bodies in the field of human rights
(Bulgaria);
112.21. Continue trainings and human rights education of the judiciary (Cuba);
112.22. Continue its efforts to train the judiciary and law enforcement bodies in the field of human rights as well as its activities to increase the awareness of
its population on this subject (Morocco);
112.23. Carry out its engagement, in a constructive dialogue, with the United Nations human rights monitoring bodies (Iran (Islamic Republic of));
112.24. Continue to develop its international, regional and bilateral efforts in the field of human rights (Turkey);
112.25. Strengthen cooperation with human rights mechanisms and to continue the efforts initiated in order to combat discrimination against ethnic
minorities (Argentina);
112.26. Implement efficiently recently ratified international conventions, especially in the field of child rights (Kazakhstan);
112.27. Continue its measures on the protection of the rights of women and children, notably child support services (Iran (Islamic Republic of));
112.28. Prohibit all forms of corporal punishment of children in all settings, including alternative care settings (Republic of Moldova);
112.29. Continue to enhance its domestic framework to combat child labour through enforcing the relevant legislation (Singapore);
112.30. Further improve the access of children, especially girls, and women to human rights education (Azerbaijan);
112.31. Give attention to the protection of the rights of women and children, including through the adoption of the necessary legislative measures (Russian
Federation);
112.32. Continue to promote and protect the rights of women and children through the adoption of necessary domestic legislation (Bhutan);
112.33. Maintain the positive trend in improving national laws and institutions, in particular the protection of women and children’s rights
(Cuba);
112.34. Continue efforts to combat trafficking in women and children within the framework of implementing national legislation and international
obligations (United Arab Emirates);
112.35. Continue the efforts to enable tangible progress in combating trafficking in persons, especially women and children (Indonesia);
112.36. Increase further the efforts aimed at preventing and eradicating human trafficking, including considering the possibility for the development of
the national plan of action (Belarus);
112.37. Take appropriate measures for ensuring prosecution for trafficking in human beings (Kazakhstan);1
112.38. Strengthen the implementation of programmes aimed at the rehabilitation of victims of human trafficking, including the provision of
1 The recommendation as read during the interactive dialogue: “Take more measures for ensuring
judicial prosecution for trafficking in human beings (Kazakhstan).”
counselling, shelter, legal assistance and other rehabilitative services to victims
(Kyrgyzstan);
112.39. Make more efforts to promote gender equality and the rights of persons with disabilities (Oman);
112.40. Take concrete steps to ensure that women of Turkmenistan know their rights as set forth in the Optional Protocol to CEDAW (Norway);
112.41. Consider bringing legislation in line with international standards in combating discrimination against women (State of Palestine);
112.42. Introduce in the legislation the principles of application of equality in all rights, as recommended by CEDAW (Tunisia);
112.43. Devote more efforts in the field of harmonizing gender equality for guaranteeing their equal rights (Kazakhstan);
112.44. Continue promoting and protecting the rights of women through the adoption of adequate laws and the introduction of institutional mechanisms
(Bulgaria);
112.45. Take necessary measures to eliminate all forms of discrimination against women (Tajikistan);
112.46. Implement a comprehensive strategy aimed at modifying or eliminating patriarchal attitudes and stereotypes which discriminate against
women, in accordance with the provisions of CEDAW, included in the
educational system; promote campaigns in the media to strengthen the
understanding of equality between women and men, as well as expand public
education programmes, particularly in rural and remote areas (Uruguay);
112.47. Adopt measures to combat discrimination and stereotypes on the role and responsibilities of women in society (Mexico);
112.48. Put in place a comprehensive strategy to eliminate the patriarchal attitudes and deep-rooted stereotypes regarding the roles of women and men
(Republic of Moldova);
112.49. Adopt temporary special measures in all areas in which women are underrepresented, especially in the labour market and higher education
(Republic of Moldova);2
112.50. Strengthen its policies to address discrimination against women (Namibia);
112.51. Continue to further strengthen efforts for the empowerment of women (Bangladesh);
112.52. Continue its efforts aiming at increasing women’s participation in political and public life (Algeria);
112.53. Continue its efforts that aim at further implementing its existing programmes and policies on gender equality, in particular, with respect to the
empowerment of women and the promotion of social inclusion, including that
of the ethnic minorities (Cambodia);
2 The recommendation as read during the interactive dialogue: “Adopt temporary special measures in
all areas in which women are under-represented or disadvantaged, especially in labour market and higher education (Republic of Moldova);”
112.54. Continue adopting measures to ensure the rights of the ethnic minorities living in the country (Russian Federation);
112.55. Strengthen legislative measures and public policies designed to preserve the language, culture and religion of minorities (Uruguay);
112.56. Enhance the access of ethnic and national minorities to education, health care and employment (Armenia);
112.57. Improve detention conditions in their prisons, especially when it comes to prisons for women (Spain);
112.58. Keep on its endeavours on the development of policies in line with the 2012 General Juvenile System development programme (Iran (Islamic
Republic of));
112.59. Take effective measures to ensure the full realization of the rights to freedoms of expression, including on internet, assembly and association (Czech
Republic);
112.60. Ensure that everyone can peacefully exercise the right of freedom of expression in conformity with the ICCPR (Slovenia);
112.61. Ensure and protect the right of all people to freedom of opinion and expression (Chile);
112.62. Ensure freedom of expression and access to information by ending the practice of interfering with access to the internet and the practice of
censorship in online and print media (Germany);
112.63. Rapidly implement the law on freedom of the press in force since January 2013 (Switzerland);
112.64. Step up efforts to promote and facilitate media pluralism and ensure that mass media can operate without government interference (Norway);
112.65. Continue its fruitful endeavours in advancing the use of internet services (Azerbaijan);
112.66. Pursue its excellent policies in the field of economic, social and cultural rights, in order to further increase the living conditions of its people,
particularly those of the most vulnerable sectors of the population (Venezuela
(Bolivarian Republic of));
112.67. Continue to promote economic and social development in an effort to eliminate poverty and further improve the living standards of the people
(China);
112.68. Continue efforts in achieving the Millennium Development Goals (Uzbekistan);
112.69. Continue to promote education and health causes and strengthen the social security system of the country (China);
112.70. Continue measures on expanding the population’s access to the quality services in the area of health and education (Uzbekistan);
112.71. Continue its programme to improve social and living conditions in rural areas (Myanmar);
112.72. Increase its efforts for the social and economic development of its people (Namibia);
112.73. Continue to work toward the attainment of the targets and strategies of the 2011-2030 national programme for the social and economic development
of Turkmenistan as well as other development programmes indicated in
paragraph 13 of its National Report (Nigeria);
112.74. Make more efforts to develop poverty reduction strategies and adopt legislations to ensure safe drinking water and sanitation (State of Palestine);
112.75. Adopt appropriate legislative and administrative measures to ensure the full realization of the right to drinking water and sanitation for the whole
population, with special attention to rural areas (Spain);
112.76. Continue its efforts to ensure the protection and promotion of the right to safe drinking water and sanitation (Egypt);
112.77. Continue strengthening the health system and the implementation of the national strategy to fight HIV/AIDs (Belarus);
112.78. Further strengthen efforts at combating HIV/AIDS, especially with a focus on adolescents and young adults, such as through awareness-raising (Sri
Lanka);
112.79. Reinforce its legal measures on National Strategy on HIV that was approved in 2012 by the government (Iran (Islamic Republic of));
112.80. Continue to enhance its education system and ensure equal access to quality education for all, particularly women and girls (Singapore);
112.81. Continue reforms in the education sector with a view to further enhancing the quality of education (Sri Lanka);
112.82. Continue improving the situation of education (Democratic People’s Republic of Korea);
112.83. Continue to improve the education system (Qatar);
112.84. Continue its efforts in the area of physical interconnection regarding the technology and transport, which would ensure a better use of the resources
of the country and would benefit the vulnerable sectors of the population
(Paraguay);
112.85. Comply with international standards on arbitrary detention, in particular establishing forms of non-custodial sentences, such as community
work, and separating strictly minors from adult detainees at detentions centres,
which should lead to specific detention centres for minors and their
reintegration into society (Belgium).
113. The following recommendations will be examined by Turkmenistan which will provide responses in due time, but no later than the 24th session of the Human Rights
Council in September 2013:
113.1. Consider ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(OP-CAT) (Mexico);
113.2. Sign and ratify OP-CAT and establish a national mechanism to prevent torture, independent of the authorities (France);
113.3. Ratify OP-CAT and incorporate it into national legislation (Switzerland);
113.4. Ratify OP-CAT to establish a national independent mechanism for visiting the detention centres (Costa Rica);
113.5. Accede to/ratify OP-CAT (Estonia); Accede to OP-CAT (Montenegro);
113.6. Ratify two further important international documents: the Rome Statute of the International Criminal Court (ICC) and OP-CAT (Romania);
113.7. Accede to the Rome Statue of the International Criminal Court (ICC); the International Convention for the Protection of All Persons from
Enforced Disappearance (CPED) and; the Convention on the Prevention and
Punishment of the Crime of Genocide (Uruguay);
113.8. Consider ratifying the Convention on the Prevention and Punishment of the Crime of Genocide (Armenia);
113.9. Ratify the Rome Statute of the International Criminal Court (Slovakia); Accede to the Rome Statute of the ICC (Slovenia);
113.10. Ratify the Rome Statue and ensure its full implementation in national legislation (Switzerland);
113.11. Accede to and ratify the Rome Statute of the International Criminal Court and the Agreement on the Privileges and Immunities of the International
Criminal Court (Estonia);
113.12. Ratify the Rome Statute of the International Criminal Court and fully align its legislation with all obligations under the Rome Statute, including
incorporating the Rome Statute definition of crimes and general principles, as
well as adopting provisions enabling cooperation with the Court (Latvia);
113.13. Take all necessary steps to fully commit to end impunity for international crimes by acceding to the Rome Statute of the ICC and fully align
its national legislation with all obligations under the Rome Statute (Sweden);
113.14. Ratify the International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families (Tajikistan);
113.15. Ratify the International Convention on the Protection of the Rights of Migrant Workers and the members of their families (Egypt);
113.16. Ratify the ICRMW and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and extend a
standing invitation to the United Nations Special Procedures (Guatemala);
113.17. Continue its efforts to ratify CPED; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families (ICRMW); the Rome Statue of the ICC; OP-ICESCR and; the
Optional Protocol to the Convention against Torture and other Cruel, Inhuman
or Degrading Treatment or Punishment (OP-CAT) (Argentina);
113.18. Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Spain);
113.19. Sign and ratify the new Optional Protocol to CRC on a communications procedure (Slovakia);
113.20. Continue the improvements in the field of education and consider ratifying the Convention against Discrimination in Education (Armenia);
113.21. Call for and support amending the Law on Migration to comply with ICCPR obligations (United States of America);
113.22. Continue the work in establishing a national human rights institution in full compliance with the Paris Principles (Russian Federation);
113.23. Pursue its efforts aiming at establishing a National Human Rights Institution (Algeria);
113.24. Continue their efforts to establish an independent national institution for human rights, in accordance with the Paris Principles (Indonesia);
113.25. Continue its efforts for the establishment of a national human rights mechanism in full compliance with the Paris Principles (Pakistan);
113.26. Speed up the process of establishing a national human rights institution in conformity with the Paris Principles (Tunisia);
113.27. Establish a national human rights mechanism in full compliance with the Paris Principles (Afghanistan);
113.28. Establish a national human rights mechanism in full compliance with the Paris Principles (Kyrgyzstan);
113.29. Establish a national human rights institution in conformity with the Paris Principles (Morocco);
113.30. Consider the possibility of extending a standing invitation to all special procedures of the Human Rights Council (Uruguay);
113.31. Consider issuing a standing invitation to special rapporteurs to visit Turkmenistan (State of Palestine);
113.32. Issue a standing invitation for the special procedures, in particular, granting access for the requested visits (Slovakia);
113.33. Adopt a standing invitation to human rights special procedures (Brazil);
113.34. Issue a standing invitation to the special procedures of the Human Rights Council (Costa Rica);
113.35. Issue a standing invitation to special procedures (Iraq);
113.36. Extend a standing invitation to all thematic special procedures (Montenegro);
113.37. Respond favourably to requests for visits from Special Rapporteurs which have not yet been answered (France);
113.38. Respond to requests for visits of special procedures’ mandate holders by agreeing with OHCHR on a plan for visits as soon as possible (Switzerland);
113.39. Draw a timeline for realizing the visits of the Special Rapporteurs who so requested to the country (Hungary);
113.40. Accept as soon as possible the outstanding visit requests from the special rapporteurs (Spain);
113.41. Permit visits from all 10 United Nations special procedures who have requested a visit (Ireland);
113.42. Allow the United Nations special procedures – especially the Working Group on Arbitrary Detention and the Special Rapporteur on torture – to visit
the country (Italy);
113.43. Accept the requested visits from the Working Group on Arbitrary Detention and the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment (Mexico);
113.44. Continue to cooperate with the United Nations Human Rights Council Special Procedures, use opportunities for having country visits for the
benefit of human rights situation improvement (Kyrgyzstan);
113.45. Step up its cooperation with the special procedures of the Human Rights Council by responding positively to the pending visit requests and
eventually consider extending a standing invitation to all the special procedures
mandate holders of the Human Rights Council (Latvia);
113.46. Continue to cooperate with the United Nations Human Rights special procedures (Tajikistan);
113.47. Further improve its cooperation with the special rapporteurs of the United Nations (Azerbaijan);
113.48. Invite ILO experts to overcome existing challenges of implementation of the laws to protect children from the harmful effects of all forms of child
labour (Hungary);
113.49. Work on adopting new laws to promote gender equality, women’s participation in public affairs and punish domestic violence (Nicaragua);
113.50. Take measures to further protect and promote the rights of women, including by enforcing laws against domestic violence (Australia);
113.51. Consider further addressing violence against women through legal measures (Bangladesh);
113.52. Find ways to overcome the culture of silence and impunity surrounding domestic violence against women, including marital rape, to
provide all necessary protection and assistance to victims, to enforce applicable
legislation against perpetrators, and to draft specific legislation dealing with
these issues (Netherlands);
113.53. Incorporate in the Criminal Code specific provisions on domestic violence along with concrete sanctions against the perpetrators of domestic
violence (Norway);
113.54. Adopt specific legislation on domestic violence, in particular which ensures (i) such violence constitutes a criminal offence; (ii) victims have access
to means of redress; and (iii) perpetrators are held accountable (Brazil);
113.55. Continue its efforts to combat religious and hate crimes and invite State high officials to take a clear position against those crimes (Tunisia);
113.56. Ensure religious minorities, including Christian Protestants, are not discriminated against based on their faith (Namibia);
113.57. Address discriminatory practices towards ethnic and religious minorities, including lifting restrictions on their participation in government
and society (Australia);
113.58. Eliminate torture, accede to OP-CAT and establish its national preventive mechanism accordingly (Czech Republic);
113.59. End arbitrary detention, harassment and other acts of intimidation against journalists, media workers and human rights defenders (Germany):
113.60. Abolish incommunicado detention, investigate death in custody incidents and prosecute those responsible, allow frequent visits by recognized
international humanitarian organizations to all detention places, and establish
an independent monitoring system for detention facilities (Canada);
113.61. Establish a national system that independently and regularly monitors and inspects all places of detention (Poland);
113.62. Allow visits by international humanitarian organizations to all detention places (Poland);
113.63. Develop cooperation with the ICRC, allowing it access to all places where persons are or may be deprived of their liberty (France);
113.64. Allow, in a flexible general manner, the visit of independent organizations and national and international NGOs to the detention centres
(Spain);
113.65. Grant independent national and international monitoring organizations full access to all detention facilities (Sweden);
113.66. Grant full access to all prison facilities in the country to the representatives of ICRC and other international mechanisms, such as the
Special Rapporteurs on torture, and human rights defenders, and the Working
Group on Arbitrary Detention in accordance with their request (Netherlands);
113.67. End harassment and intimidation of journalists, human rights defenders and civil society activists (Czech Republic);
113.68. Ensure the protection of journalists, media personnel, civil society activists and human rights defenders against the attacks and prosecute those
responsible for such attacks (Estonia);
113.69. Investigate and, as appropriate, prosecute officials suspected of committing torture or other violations of human rights and punish those who
are convicted (United States of America);
113.70. Conduct independent investigations into allegations of torture as well as violations of the rights of human rights defenders and independent
journalists, including attacks against their lives and their freedom of
movement, and take the necessary protection measures (Spain);
113.71. Release immediately and rehabilitate all those imprisoned without credible criminal charges (Slovakia);
113.72. Fully implement the rights of convicts serving long-term imprisonment to communicate with their lawyers and their relatives, and to
have access to health care (Germany);
113.73. Consider removing the rules which allow the criminalization of religious activities merely on the basis of lack of legal registration required for
religious group (Italy);
113.74. Call for and support reform to laws that restrict freedoms of religion and expression; in particular protect the rights of conscientious objectors and
ensure that individuals are not punished for expressing their opinions (United
States of America);
113.75. Facilitate participation by civil society groups, in particular by reforming the system of registration for NGOs working in the country to allow
organizations to be established by non-citizens, remove the obligation of having
a minimal number of members in order to register, reduce the registration fees,
and remove the obligation to notify the authorities of the NGOs’ activities
(Canada);
113.76. Put an end to restrictions imposed on Turkmen or international associations and NGOs, especially those working in the field of human rights,
such as the strict control of their activities and their financing (France);
113.77. Adopt a legislative and regulatory framework to facilitate the creation and registration of NGOs and associations which guarantee their free
activity (France);
113.78. Promote an open environment where individuals can express diverse views without fear of harassment or prosecution (Poland);
113.79. Promote and encourage locally based and members driven civil societies in the country (Ethiopia);
113.80. Allow national and international NGOs to conduct their work in accordance with the International Covenant on Civil and Political Rights
(Chile);
113.81. Reform the Law on Public Associations to bring it in line with its obligations under the ICCPR, including by simplifying the legal and procedural
requirements for registration by civil society organizations and minimizing
reporting obligations to authorities (Ireland);
113.82. Ensure that the procedure of granting legal registrations for NGOs and religious groups be fair, prompt and non-discriminatory (Italy);
113.83. Reform its relevant legislation to provide for the full enjoyment of the right to freedom of expression, the right to the freedom of assembly and the
right to freedom of association (Slovakia);
113.84. Uphold full freedom of expression, via the internet and other forms of media, including by allowing access to social networking and other blocked
sites and by ensuring that national and foreign journalists can operate without
fear of harassment (United Kingdom of Great Britain and Northern Ireland);
113.85. Ensure that every citizen – including human rights defenders – leaders of opposition parties, religious believers, civil society activists and
journalists can peacefully exercise their right to freedom of expression in
conformity with Turkmenistan’s obligations under the ICCPR (Sweden);
113.86. Ensure that everyone, including human rights defenders, members of civil society and journalists can exercise their legitimate activities, even their
rights to freedoms of expression and assembly in accordance with the
obligations under the International Covenant on Civil and Political Rights
(Switzerland);
113.87. Take appropriate action to guarantee freedoms of expression, association and assembly – including by allowing independent media, political
parties and civil society to operate freely – and ceasing the repression and other
ill-treatment of human rights defenders and political activists (Australia);
113.88. Take measures to ensure the right to freedom of expression and peaceful assembly for human rights defenders, independent journalists and
civil society activists and effectively combat intimidation and harassment
against them (France);
113.89. Ensure that leaders of all political parties, religious believers, civil society activists and journalists can peacefully exercise their right to freedom of
expression in conformity with the ICCPR to which Turkmenistan is a party
(Hungary);
113.90. Create real space for a multi-party parliamentary election later this year in line with international standards and judged by independent observers
to be fully free and fair (United Kingdom of Great Britain and Northern
Ireland).
114. The recommendations below did not enjoy the support of Turkmenistan:
114.1 Decriminalize sexual relations between consenting adults of the same sex, as recommended by the Human Rights Committee (Slovenia);
114.2. Inform relatives and the public about the whereabouts of all persons who have been under arrest and whose fate is currently unknown (Germany);
114.3. Release all prisoners of conscience (Slovenia); Release of all prisoners of conscience (Norway);
114.4 Release all political prisoners, including Gulgeldy Annaniazov, and account for those prisoners whose fate is unknown (Canada);
114.5. Take steps to release all political prisoners and facilitate the requested visits of the United Nations Special Rapporteur on torture and the
Working Group on Arbitrary Detention (Australia);
114.6. Immediately release all human rights defenders and political prisoners (Czech Republic);
114.7. Revise the law on religious organizations so that clauses prohibiting unregistered religious activities and unjustified restrictions are repealed
(Belgium);
114.8. Remove from its Religious Organizations Law prohibition on unregistered religious activities, and undue restrictions on religious material,
education and attire (Canada).
115. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
Annex
[English only]
Composition of the delegation
The delegation of Turkmenistan was headed by Mr. Vepa Hajiyev, Deputy Minister of Foreign Affairs, and composed of the following members:
• Mrs. Yazdursun Gurbannazarova, Head of the National Institute of Democracy and Human Rights under the President of Turkmenistan;
• Mr. Begmyrat Muhammedov, Deputy Minister of Justice of Turkmenistan;
• Mr. Geldimammet Geldimyradov, Deputy Minister of Education of Turkmenistan;
• Mr. Muhammetgeldy Atayev, Head of the Institute of Strategic Planning and Economic Development of the Ministry of Economy and Development of Turkmenistan;
• Mrs. Selbi Sysoyeva, Head of the Department of Labour Relations and Protection of the Ministry of Labour and Social Protection of Turkmenistan;
• Mrs. Agagul Berdiyeva, Head of the Department of Law and International Relations of the Ministry of Internal Affairs of Turkmenistan;
• Mr. Hasan Akyyev, Senior Adviser of the Department of Human Resources and Professional Development of the Supreme Court of Turkmenistan;
• Mr. Bayram Bayramov, Head of Department of International Relations of the Office of General Prosecutor of Turkmenistan;
• H. E. Mr. Esen Aydogdyev, Permanent Representative of Turkmenistan to the United Nations Office and other international organizations in Geneva.