Turkmenistan

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.[ref]https://www.osce.org/files/f/documents/0/e/23722.pdf[/ref]

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.[ref]https://www.upr-info.org/sites/default/files/document/turkmenistan/session_30_-_mai_2018/a_hrc_wg.6_30_tkm_3_en.pdf[/ref]

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.[ref]https://freedomhouse.org/country/turkmenistan/freedom-world/2021[/ref]

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.[ref]Religion-and-the-Secular-State-in-Turkmenistan-Victoria-Clement-10.06.20-FINAL-wCover.pdf(isdp.eu)[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
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.[ref]https://isdp.eu/content/uploads/2020/06/Religion-and-the-Secular-State-in-Turkmenistan-Victoria-Clement-10.06.20-FINAL-wCover.pdf[/ref] Islam has been a cornerstone of Turkmen identity for centuries, with some saying that the Turkmen and Muslim identities are correlated.[ref]https://isdp.eu/content/uploads/2020/06/Religion-and-the-Secular-State-in-Turkmenistan-Victoria-Clement-10.06.20-FINAL-wCover.pdf[/ref] 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.[ref]https://www.osce.org/files/f/documents/d/a/17184.pdf[/ref]

Turkmenistan’s 2016 Constitution[ref]https://constituteproject.org/constitution/Turkmenistan_2016.pdf?lang=en[/ref] 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.[ref]https://constituteproject.org/constitution/Turkmenistan_2016.pdf?lang=en[/ref]

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.”[ref]https://constituteproject.org/constitution/Turkmenistan_2016.pdf?lang=en[/ref]

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.[ref]https://isdp.eu/content/uploads/2020/06/Religion-and-the-Secular-State-in-Turkmenistan-Victoria-Clement-10.06.20-FINAL-wCover.pdf[/ref]

The Law on Religious Organizations and Religious Freedom[ref]https://www.legislationline.org/documents/action/popup/id/16341[/ref] sets challenging criteria for registration, punishment for unregistered religious activity, requires reporting of foreign financial support, and prohibits private religious education.[ref]https://www.upr-info.org/sites/default/files/document/turkmenistan/session_30_-_mai_2018/adf_international_upr30_tkm_e_main.pdf[/ref] 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.[ref]https://www.hrw.org/world-report/2020/country-chapters/turkmenistan[/ref]

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

Education and children’s rights

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

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.[ref]https://constituteproject.org/constitution/Turkmenistan_2016.pdf?lang=en[/ref]

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.[ref]https://wikileaks.org/gifiles/attach/9/9724_Balci%20central%20Asia%20schools.pdf[/ref]

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.[ref]https://www.upr-info.org/sites/default/files/document/turkmenistan/session_30_-_mai_2018/forum_18_upr30_tkm_e_main.pdf[/ref]

 

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.[ref]https://www.unicef.org/turkmenistan/gender[/ref] 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.[ref]https://www.gov.uk/government/publications/human-rights-and-democracy-report-2020/human-rights-and-democracy-2020-foreign-commonwealth-development-office-report[/ref]

LGBTI+ Rights

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

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.[ref]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[/ref]

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.[ref]https://www.refworld.org/country,,,,TKM,,5417f17f10,0.html[/ref] 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.[ref]https://www.rferl.org/a/turkmenistan-increases-crackdown-on-internet-access-as-living-standards-continue-downward-spiral/30846977.html[/ref] As part of the crackdown, students are also being made to sign statements that they will not use the Internet to access banned sites.[ref]https://www.rferl.org/a/turkmenistan-increases-crackdown-on-internet-access-as-living-standards-continue-downward-spiral/30846977.html[/ref]

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

Reporters Without Borders ranked Turkmenistan 178 of 180 countries in its World Press Freedom Index in 2021.[ref]https://rsf.org/en/turkmenistan[/ref]

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.[ref]https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=5178&file=EnglishTranslation[/ref] Relatives of journalists have also been subject to growing harassment by the authorities.[ref]https://www.upr-info.org/sites/default/files/document/turkmenistan/session_30_-_mai_2018/rsf-rwb_upr30_tkm_e_main.pdf[/ref]

“Blasphemy”

Under Article 75 of the Code on Administrative Offenses,[ref]https://wipolex.wipo.int/en/legislation/details/13824[/ref] 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.[ref]https://www.uscirf.gov/sites/default/files/2020%20Blasphemy%20Enforcement%20Report%20_final_0.pdf[/ref]

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.[ref]https://www.state.gov/wp-content/uploads/2021/03/TURKMENISTAN-2020-HUMAN-RIGHTS-REPORT.pdf[/ref] 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.[ref]https://www.state.gov/wp-content/uploads/2021/03/TURKMENISTAN-2020-HUMAN-RIGHTS-REPORT.pdf[/ref] As such, restriction hinders International NGOs from operating.[ref]https://www.state.gov/wp-content/uploads/2021/03/TURKMENISTAN-2020-HUMAN-RIGHTS-REPORT.pdf[/ref] The government reports that 122 NGOs were registered in Turkmenistan, only a few are independent, including 4 international NGOs.[ref]https://www.state.gov/wp-content/uploads/2021/03/TURKMENISTAN-2020-HUMAN-RIGHTS-REPORT.pdf[/ref] Authorities continue to promote government-supported “NGOs” while no independent NGOs addressing human rights are registered or able to work openly in the country.[ref]https://www.iphronline.org/wp-content/uploads/2021/07/TIHR-IPHR-briefing-for-EU-TM-HR-dialogue-May-2021.pdf[/ref]

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