The Cooperation of Turkmenistan With The International Organizations In The Area of Human Rights
Esen Aydogdyev (Turkmenistan)
In line with the principles of the foreign policy of Turkmenistan, the cooperation with the major international organizations on protecting human rights and freedoms, strengthening gender equality and the health of a mother and a child, ensuring the rights of disabled people, youth policy and on other issues are of an immense importance. In order to reach the goals assigned in Turkmenistan's international cooperation on human rights, our country amends statutory acts, implements institutional reforms, and realizes the integrated works in relevant directions.
Turkmenistan with the legal status of Permanent Neutrality recognized twice by the United Nations, has been implementing large-scale reforms on strengthening the rule of the law in internal and external policy. The development of the national legal system is considered one of the significant steps in order for the reforms to be successful. The complete implementation of generally accepted multilateral treaties of human rights is one of the important demands of modern international legislation. Therefore, respecting human rights comes to be the fundamental strategy of the Constitution of Turkmenistan. The connection between national legislation and international is evident in our Constitution. Article 9 of the Constitution states: "Turkmenistan recognizes the primacy of generally recognized norms of international law", and Article 25 states: "Rights and freedoms of a person and a citizen in Turkmenistan shall be recognized in accordance with the universally recognized norms of international law and shall be guaranteed by this Constitution and laws." Respect towards human rights provides the improvement towards other law acts.
Gender equality and women rights and freedoms protection issues have acquired a key role in the humanitarian collaboration of Turkmenistan on international law. Our country is a participant in several important statutory acts on protecting women rights. Turkmenistan joined The Convention on the Elimination of All Forms of Discrimination against Women (1979, New York) of the UN in 1996. This document is considered fundamental on general human rights. In addition, other several important documents pertaining promotion of human rights and freedoms were approved that year. Among them, the International Labor Organization's Convention concerning Equal Remuneration for Men and Women Workers for Work of Equal Value (1951, Geneva) and Convention concerning Discrimination in Respect of Employment and Occupation (1958, Geneva). In September, 1999 Turkmenistan acceded to Convention on the Political Rights of Women.
Table 1. Main international agreements of Turkmenistan on the human rights
Name of the international agreements | Adopted
year | A year Turkmenistan joined |
The Convention on the Elimination of All Forms of Racial
Discrimination | 1966 | 1994 |
The Convention on the Rights of the Child | 1989 | 1993 |
The Convention on Economic, social, and cultural rights | 1966 | 1997 |
The Convention on Civil and Political rights | 1966 | 1997 |
The Convention on the Elimination of All Forms of
Discrimination against Women | 1979 | 1997 |
The Convention against Torture and Other Cruel, Inhuman or
Degrading Treatnient or Punishment | 1984 | 1999 |
The Convention on the Political Rights of Women | 1953 | 1999 |
The Convention on the Rights of Persons with Disabilities | 2006 | 2008 |
It is particularly noteworthy that Turkmenistan has made a substantive progressive in particular areas of human rights. In this regard, on December 20, 1996, our country ratified the Optional Protocol to the International Covenant on Civil and Political Rights. On December 27, 1999, Turkmenistan joined the Second Optional Protocol, becoming the first country in Central Asia to abolish the death penalty.
In order to fully implement the motto, put forward by Hero Arkadag "The State is for the people!" in the framework of human rights and practical compliance with the requirements of international law, the necessary reforms were carried out in the public administration system of Turkmenistan. In 2007 in accordance with the decision of the President of Turkmenistan, an interdepartmental group was established to ensure the implementation of Turkmenistan's international obligations in the field of human rights. In 2011 an interdepartmental commission was established to ensure the implementation of Turkmenistan's international obligations in the field of human rights and international humanitarian law.
As a result of the effort of the interdepartmental commission, the pace of Turkmenistan's work to comply with the requirements of international law has significantly increased. In the period from 1991 to 2007, 3 national reports of
Turkmenistan were prepared for the UN Human Rights Committee. Between 2007 and 2020, the number of prepared reports reached 10. The reports describe in detail the changes made to the country's legislation and the measures implemented in accordance with international treaties signed by Turkmenistan.
In recent years national legislation and generally recognized international norms, together with the United Nations targeted measures have been systematically implemented to protect and ensure the rights, freedoms, and interests of people living in the country. The Office of the UN High Commissioner for Human Rights (OHCHR) provides technical assistance and coordinates work in the implementation of UN projects in the field of human rights, as well as coordinates direct communication between the regional expert of the OHCHR and the Government of Turkmenistan.
Institutional reforms, aimed at meeting the requirements of international human rights law, are continued in Turkmenistan. In 2016, the Law "On the Commissioner for Human Rights in Turkmenistan" was included in the draft Constitution of Turkmenistan. On March 20, 2017, at the nineteenth meeting of the Mejlis of Turkmenistan of the fifth convocation, for the first time in Turkmenistan, the commissioner for human rights "Adalatchy" was elected. On April 8 of the same year, Commissioner's office was established by the Decree of the President of 'rurhenista]1, and this institution began to fully ffinction.
On September 25, 2020, the draft Constitutional Law of Turkmenistan on the planned approval of the Constitution of Turkmenistan was adopted, and from January 1, 2021, a decision was made to establish the National Council (Parliament) - a bicameral representative body of the legislative branch of Turkmenistan. These constitutional reforms were also aimed at strengthening democracy in Turkmenistan, ensuring and protecting human rights and freedoms, and consolidating the foundations of public administration.
Turkmenistan systematically carries out its work in order to protect human rights and create favorable conditions for the development of the individual. Under the leadership of the esteemed President of Turkmenistan Serdar Berdimuhamedov, our country has greatly advanced in enhancing the basis of the national law system in several directions of immense importance. The establishment of the Office of the Ombudsperson, the transition to a bicameral parliamentary system, adoption, and successful implementation of national human rights action plans, these are only a few examples reflecting Turkmenistan's firm conviction and actions toward strengthening the spirit of law and justice in society.
Turkrnenistan's human rights achievements have gained more international recognition and strengthened its position in multilateral human rights agencies and its ability to shape the development and the rules-making process of the relevant agencies. Efforts, currently undertaken by the Government in implementing the National Action Plan for Gender Equality for 202 1-2025, the National Action Plan for Human Rights for 202 1-2025, the National Plan of Action on Children's Rights for 20 18-2022, the National Action Plan for 2020-2022 on Combating Trafficking in Human Beings, the National Strategy of Turkrnenistan for Early Childhood Development for 2020-2025 and others encompass both reinforcement of the institute of human rights and freedoms at the national level as well as the practical fulfillment of obligations in the framework of the international conventions Turkmenistan has joined. Moreover, it is important to underscore that On December 27, 1999, Turkmenistan by joining the Second Optional Protocol to the International Covenant on Civil and Political Rights, became the first country in Central Asia to abolish the death penalty.
International cooperation of Turkmenistan in the field of migration stands as an example for specific areas of human rights protection. The legal status of refugees is one of the priorities on the international agenda. The geopolitical position of Turkmenistan has a great impact on its migration cooperation. In the early 1 990s political instability of neighbor states in Central Asia required Turkmenistan to develop a comprehensive migration policy. The Ministry of Foreign Affairs of Turkmenistan, the State Migration ServiceofTurkmenistan, the Office of the United Nations High Commissioner for Refugees, and the International Organization for Migration actively collaborated in this cooperation.
Migration cooperation of Turkmenistan is implemented in conformity with its international obligations. Our state acceded to the 1951 Refugee Convention and its 1967 Protocol and was the first among Central Asian countries to join the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Organizational work on migration was also extensive. With the support of the Government of Turkmenistan, representation to Turkmenistan of the Office of the United Nations High Commissioner for Refugees was opened in June 1995 and was ratified in the "Cooperation Agreement between the Government of Turkmenistan and the UNCHR" signed in March 1998. In 1997 Turkrnenistan joined IOM as an observer member, and in 1998 a cooperation agreement was signed between Turkmenistan and IOM. As a result of the initiated cooperation, more than 20 programs aimed at solving the problems of migration
have been implemented. Since 2013 Turkmenistan has been a permanent member of IOM.
Continuous work on international migration issues such as hosting refugees and granting citizenship to them, improving living conditions for newly admitted citizens has been implemented. In order to fulfill the obligations stipulated by the Conventions "On the Legal Status of Refugees" and "On the Status of Stateless Persons", new samples of a residence permit and relocation permit were prepared in compliance with the standards of the International Civil Aviation Organization (ICAO). In the first years of independence, Turkmenistan accepted immigrants from Afghanistan and Tajikistan, who were forced to leave their homeland for various reasons, and provided them with a place to live, study, and work. Serious efforts have been made to reduce statelessness. In 2005 more than 13000 people received Turkmen citizenship, 9500 of which were refugees. 8145 people received citizenship of our country with the decree of the President of Turkmenistan in the period 2011-2017. The Head of the state signed a decree granting citizenship to 735 people in 2018, and to 863 people in 2019. In accordance with a Decree of the President of Turkmenistan "On granting the citizenship of Turkmenistan" 2580 people became citizens of Turkmenistan in 2020. Also, the Head of state signed a Resolution according to which 874 people received the residence permit in Turkmenistan. In 2021 the President of Turkmenistan signed a Decree "On granting the citizenship of Turkmenistan", in accordance with which 2657 people have become the citizens of Turkmenistan. Also, the Head of state signed a Resolution, according to which 406 people received the residence permit in Turkmenistan.
In 2022 esteemed President of Turkmenistan Serdar Berdimuhamedov signed a decree on the admission of 1,530 people to citizenship of Turkmenistan and a decree according to which 315 foreign citizens received a residence permit in Turkmenistan.
Turkmenistan attaches great importance to creating the necessary conditions for building a democratic and inclusive society based on the rule of law in order to ensure fundamental human rights and freedoms. Therefore, by implementing activities aimed at strengthening the democratic principles of society, the legal foundations of the state, and the development of civil society, the government of the country successfully realizes the reform of the national system for the protection and promotion of human rights. Humanitarian cooperation with the international organizations of Turkmenistan in the are human rights is carried out based on these approaches.
Turkmenistan will continue to uphold cultural diversity, communicate with and learn from other civilizations and work with the international community for common development and prosperity, for progress in human rights worldwide, and for building a community with a shared future for humanity.
Esen Aydogdyev,
Rector of the International University for the Humanities and Development, Ambassador Extraordinary and Plenipotentiary, Doctor of Historical Sciences.