Turkmenistan

Last Updated 18 October 2021

Turkmenistan is a former Soviet state in Central Asia. Since its independence in 1991, Turkmenistan has been ruled by two repressive authoritarian rulers who rose to power during the communist era. The Democratic Party of Turkmenistan (DPT) is the only registered political party in the country.1https://www.osce.org/files/f/documents/0/e/23722.pdf

Since 2013, the government has adopted new legislation related to human rights and amended the Constitution in 2016. Later in 2021, the authorities adopted the first National Action Plan on Human Rights, however it has so far failed to translate into any significant improvements.2https://www.upr-info.org/sites/default/files/document/turkmenistan/session_30_-_mai_2018/a_hrc_wg.6_30_tkm_3_en.pdf

Turkmenistan has been widely criticized for its human rights record, its treatment of minorities, freedom of expression, freedom of the press, freedom of association, and religious freedoms. The authoritarian state denies political rights and civil liberties, the economy is dominated by the state, corruption is systemic, religious or belief groups are persecuted, and political dissent is not tolerated.3https://freedomhouse.org/country/turkmenistan/freedom-world/2021

A majority of over 90% of the Turkmen population identify as Muslim, most of the remaining population are members of Eastern Orthodox Christianity, with small numbers of other Christians, Buddhists, Hindus, Jews, and other groups.4Religion-and-the-Secular-State-in-Turkmenistan-Victoria-Clement-10.06.20-FINAL-wCover.pdf(isdp.eu)

 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory

Constitution and government

Turkmenistan has seen an increased presence of religion since its independence from the Soviet Union in 1991.5https://isdp.eu/content/uploads/2020/06/Religion-and-the-Secular-State-in-Turkmenistan-Victoria-Clement-10.06.20-FINAL-wCover.pdf Islam has been a cornerstone of Turkmen identity for centuries, with some saying that the Turkmen and Muslim identities are correlated.6https://isdp.eu/content/uploads/2020/06/Religion-and-the-Secular-State-in-Turkmenistan-Victoria-Clement-10.06.20-FINAL-wCover.pdf Turkmenistan asserts freedom of religion or belief and freedom of expression in its Constitution, but favours certain religions over others. The government has an unfavorable approach towards religion and religious expression except for two registered groups, Sunni Muslims and the Russian Orthodox Church.7https://www.osce.org/files/f/documents/d/a/17184.pdf

Turkmenistan’s 2016 Constitution8https://constituteproject.org/constitution/Turkmenistan_2016.pdf?lang=en formally offers broad protection for freedom of religion or belief:

Article 18: “The state shall guarantee freedom of religion and belief, and equality before the law. Religious organizations shall be separate from the state, their interference in the state affairs and carrying out the state functions shall be prohibited.9https://constituteproject.org/constitution/Turkmenistan_2016.pdf?lang=en

Article 41: “Each person shall independently determine his/her attitude toward religion, shall have the right to, individually or jointly with others, profess any religion or none, to express and disseminate beliefs related to attitude toward religion, to participate in religious observances, rituals, and ceremonies.”10https://constituteproject.org/constitution/Turkmenistan_2016.pdf?lang=en

Imams are required to preach in accordance with the ruling party guidelines. The government leadership publicly participates in Islamic traditions such as iftar dinners during Ramadan or presidential pilgrimage to Mecca. This sponsorship has validated the country’s two presidents (Nyýazow and Berdimuhamedow) as pious Turkmen, giving them an aura of cultural authority. In these ways, the government promotes a singular form of “Turkmen Islam” that is tightly bound to national identity and makes use of religious symbols to reinforce the concept of the nation-state.11https://isdp.eu/content/uploads/2020/06/Religion-and-the-Secular-State-in-Turkmenistan-Victoria-Clement-10.06.20-FINAL-wCover.pdf

The Law on Religious Organizations and Religious Freedom12https://www.legislationline.org/documents/action/popup/id/16341 sets challenging criteria for registration, punishment for unregistered religious activity, requires reporting of foreign financial support, and prohibits private religious education.13https://www.upr-info.org/sites/default/files/document/turkmenistan/session_30_-_mai_2018/adf_international_upr30_tkm_e_main.pdf The Law places restrictions on worship in private homes, prisons, and the military. Worship in private homes and private religious instruction are prohibited. Religious literature is censored by authorities.14https://www.hrw.org/world-report/2020/country-chapters/turkmenistan

Conscientious objectors to military service face a two-year prison sentence.15https://www.amnesty.org/download/Documents/POL1032022021ENGLISH.PDF In 2021 alone, 8 conscientious objectors are known to have been imprisoned.16https://www.forum18.org/archive.php?article_id=2646

Education and children’s rights

The educational system mirrors Turkmenistan’s general social environment and political culture.17https://link.springer.com/chapter/10.1007%2F978-3-030-50127-3_5

Secularism in schools

There is no official religious instruction in public schools.

According to Article 18: Separation of religion and state:

The public education system shall be separate from religious organizations and secular.18https://constituteproject.org/constitution/Turkmenistan_2016.pdf?lang=en

However, the government has allowed the schools of the Gülenist Movement – an Islamist religious group led by a Turkish missionary named Fetullah Gülen – in the country since the 1990s. The schools are reported to have practiced religious coercion.19https://wikileaks.org/gifiles/attach/9/9724_Balci%20central%20Asia%20schools.pdf

State officials have continued to pressure non-Muslims to change their beliefs, in part by harassing non-Muslim school children and their parents and guardians.20https://www.upr-info.org/sites/default/files/document/turkmenistan/session_30_-_mai_2018/forum_18_upr30_tkm_e_main.pdf

 

Family, community and society

Women’s Rights and Gender Equality

Traditional social norms and discriminatory laws restrict women’s fundamental rights and freedoms, particularly access to education and work.21https://www.unicef.org/turkmenistan/gender The authorities are reluctant to allow any independent women’s organizations to operate in the country. Parents often prioritize the education of their sons and priority in employment is often given to men.22https://www.gov.uk/government/publications/human-rights-and-democracy-report-2020/human-rights-and-democracy-2020-foreign-commonwealth-development-office-report

LGBTI+ Rights

Homophobia and transphobia are common in Turkmenistan, with reports of LGBTI+ individuals hiding their sexuality to avoid persecution, harassment, and discrimination.23https://www.refworld.org/docid/551a52f815.html Article 135 of the Criminal Code24https://cis-legislation.com/document.fwx?rgn=2483 penalises same-sex relations between men with up to two years’ imprisonment for sodomy and 5 to 10 years if repeated.25https://www.hrw.org/node/375234/printable/print However the Criminal Code does not mention same-sex relationships between women.26https://www.refworld.org/docid/551a52f815.html Despite encouragement to the contrary, Turkmenistan refused, in the context of its latest UPR, to decriminalise sexual relations between consenting adults of the same sex.27https://www.refworld.org/docid/551a52f815.html Medical institutions and judicial authorities regard homosexuality as a disease.28https://www.hrw.org/world-report/2016/country-chapters/turkmenistan# Persons detained for “sodomy” are subjected to forced anal examinations carried out by doctors.29https://www.hrw.org/world-report/2017/country-chapters/turkmenistan# LGBTI+ people, or those perceived to be, are highly vulnerable to torture, sexual abuse, and extortion at the hands of the police and others.30https://www.amnesty.org/en/countries/europe-and-central-asia/turkmenistan/report-turkmenistan/

Freedom of expression, advocacy of humanist values

Freedom of Expression

Freedom of expression continues to be seriously and systematically violated in the country. The government persecutes dissident citizens and restricts human rights defenders from entering the country.31https://www.researchgate.net/profile/Josefine-Einsiedel/publication/343827599_The_effectiveness_of_international_civil_society_organizations_in_protecting_human_rights_in_countries_with_limited_human_rights_A_case_study_of_Turkmenistan/links/5f439cf3299bf13404ebf804/The-effectiveness-of-international-civil-society-organizations-in-protecting-human-rights-in-countries-with-limited-human-rights-A-case-study-of-Turkmenistan.pdf

Freedom of the press is severely restricted by the government, which controls nearly all broadcast and print media. Turkmenistan’s main internet service provider, run by the government, blocks undesirable websites and monitors users’ activity.32https://www.refworld.org/country,,,,TKM,,5417f17f10,0.html The government is attempting to increase the crackdown on internet access, by hunting down individuals who use virtual private networks (VPN) connections and blocking them.33https://www.rferl.org/a/turkmenistan-increases-crackdown-on-internet-access-as-living-standards-continue-downward-spiral/30846977.html As part of the crackdown, students are also being made to sign statements that they will not use the Internet to access banned sites.34https://www.rferl.org/a/turkmenistan-increases-crackdown-on-internet-access-as-living-standards-continue-downward-spiral/30846977.html

Despite the Media Act of December 2012 prohibiting censorship, persecution of independent journalists has intensified. Correspondents working for foreign media are the main targets.35https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=5178&file=EnglishTranslation

Reporters Without Borders ranked Turkmenistan 178 of 180 countries in its World Press Freedom Index in 2021.36https://rsf.org/en/turkmenistan

Detention of journalists on trumped-up charges or for unknown reasons, and the violation of the right to a fair trial and especially the right to be represented by an attorney have persisted throughout the past few years.37https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=5178&file=EnglishTranslation Relatives of journalists have also been subject to growing harassment by the authorities.38https://www.upr-info.org/sites/default/files/document/turkmenistan/session_30_-_mai_2018/rsf-rwb_upr30_tkm_e_main.pdf

“Blasphemy”

Under Article 75 of the Code on Administrative Offenses,39https://wipolex.wipo.int/en/legislation/details/13824 causing offense to the religious feelings of others is punishable by a fine. Section 1 of the Article reads:

The violation of the right of citizens to confess any religion or none at all, to express and spread their convictions, in connection with religion, to participate in the carrying out of religious cults, rituals, and rites, to associate into religious organizations, and also the offense of religious feelings carries with it a warning or a fine in the amount of from 2 to 5 of the base value.”

Researchers have been unable to identify any cases in which the Article has been used.40https://www.uscirf.gov/sites/default/files/2020%20Blasphemy%20Enforcement%20Report%20_final_0.pdf

Freedom of Association, Advocacy of Humanist Values

The government restricts the right to freedom of association by presenting several administrative obstacles to NGOs that attempt to register.41https://www.state.gov/wp-content/uploads/2021/03/TURKMENISTAN-2020-HUMAN-RIGHTS-REPORT.pdf The registration process for NGOs is complex, bureaucratic, and subject to arbitrary denials. Unregistered NGO activity is punishable by fines, short-term detention, and confiscation of property.42https://www.state.gov/wp-content/uploads/2021/03/TURKMENISTAN-2020-HUMAN-RIGHTS-REPORT.pdf As such, restriction hinders International NGOs from operating.43https://www.state.gov/wp-content/uploads/2021/03/TURKMENISTAN-2020-HUMAN-RIGHTS-REPORT.pdf The government reports that 122 NGOs were registered in Turkmenistan, only a few are independent, including 4 international NGOs.44https://www.state.gov/wp-content/uploads/2021/03/TURKMENISTAN-2020-HUMAN-RIGHTS-REPORT.pdf Authorities continue to promote government-supported “NGOs” while no independent NGOs addressing human rights are registered or able to work openly in the country.45https://www.iphronline.org/wp-content/uploads/2021/07/TIHR-IPHR-briefing-for-EU-TM-HR-dialogue-May-2021.pdf

Turkmenistan remains effectively closed to human rights watchdogs.46https://www.amnesty.org/en/countries/europe-and-central-asia/turkmenistan/report-turkmenistan/ Civil society activists are constantly threatened by authorities.47https://www.hrw.org/world-report/2020/country-chapters/turkmenistan#c3ba16

References

References
1 https://www.osce.org/files/f/documents/0/e/23722.pdf
2 https://www.upr-info.org/sites/default/files/document/turkmenistan/session_30_-_mai_2018/a_hrc_wg.6_30_tkm_3_en.pdf
3 https://freedomhouse.org/country/turkmenistan/freedom-world/2021
4 Religion-and-the-Secular-State-in-Turkmenistan-Victoria-Clement-10.06.20-FINAL-wCover.pdf(isdp.eu)
5, 6, 11 https://isdp.eu/content/uploads/2020/06/Religion-and-the-Secular-State-in-Turkmenistan-Victoria-Clement-10.06.20-FINAL-wCover.pdf
7 https://www.osce.org/files/f/documents/d/a/17184.pdf
8, 9, 10, 18 https://constituteproject.org/constitution/Turkmenistan_2016.pdf?lang=en
12 https://www.legislationline.org/documents/action/popup/id/16341
13 https://www.upr-info.org/sites/default/files/document/turkmenistan/session_30_-_mai_2018/adf_international_upr30_tkm_e_main.pdf
14 https://www.hrw.org/world-report/2020/country-chapters/turkmenistan
15 https://www.amnesty.org/download/Documents/POL1032022021ENGLISH.PDF
16 https://www.forum18.org/archive.php?article_id=2646
17 https://link.springer.com/chapter/10.1007%2F978-3-030-50127-3_5
19 https://wikileaks.org/gifiles/attach/9/9724_Balci%20central%20Asia%20schools.pdf
20 https://www.upr-info.org/sites/default/files/document/turkmenistan/session_30_-_mai_2018/forum_18_upr30_tkm_e_main.pdf
21 https://www.unicef.org/turkmenistan/gender
22 https://www.gov.uk/government/publications/human-rights-and-democracy-report-2020/human-rights-and-democracy-2020-foreign-commonwealth-development-office-report
23, 26, 27 https://www.refworld.org/docid/551a52f815.html
24 https://cis-legislation.com/document.fwx?rgn=2483
25 https://www.hrw.org/node/375234/printable/print
28 https://www.hrw.org/world-report/2016/country-chapters/turkmenistan#
29 https://www.hrw.org/world-report/2017/country-chapters/turkmenistan#
30, 46 https://www.amnesty.org/en/countries/europe-and-central-asia/turkmenistan/report-turkmenistan/
31 https://www.researchgate.net/profile/Josefine-Einsiedel/publication/343827599_The_effectiveness_of_international_civil_society_organizations_in_protecting_human_rights_in_countries_with_limited_human_rights_A_case_study_of_Turkmenistan/links/5f439cf3299bf13404ebf804/The-effectiveness-of-international-civil-society-organizations-in-protecting-human-rights-in-countries-with-limited-human-rights-A-case-study-of-Turkmenistan.pdf
32 https://www.refworld.org/country,,,,TKM,,5417f17f10,0.html
33, 34 https://www.rferl.org/a/turkmenistan-increases-crackdown-on-internet-access-as-living-standards-continue-downward-spiral/30846977.html
35, 37 https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=5178&file=EnglishTranslation
36 https://rsf.org/en/turkmenistan
38 https://www.upr-info.org/sites/default/files/document/turkmenistan/session_30_-_mai_2018/rsf-rwb_upr30_tkm_e_main.pdf
39 https://wipolex.wipo.int/en/legislation/details/13824
40 https://www.uscirf.gov/sites/default/files/2020%20Blasphemy%20Enforcement%20Report%20_final_0.pdf
41, 42, 43, 44 https://www.state.gov/wp-content/uploads/2021/03/TURKMENISTAN-2020-HUMAN-RIGHTS-REPORT.pdf
45 https://www.iphronline.org/wp-content/uploads/2021/07/TIHR-IPHR-briefing-for-EU-TM-HR-dialogue-May-2021.pdf
47 https://www.hrw.org/world-report/2020/country-chapters/turkmenistan#c3ba16

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