Corporate report

Turkmenistan - in-year update July 2015

Published 15 July 2015

There remain significant concerns about the overall human rights situation in Turkmenistan, with little significant movement during the period January to June 2015. There have been some legislative changes relating to freedom of assembly, and Internet restrictions have come under the spotlight. UN Secretary General, Ban Ki-moon, highlighted the importance of human rights during his visit in June.

Freedom House released its annual report on “Freedom of the Press 2015” in April and ranked Turkmenistan 197th out of 199 countries, based on factors such as restrictive media laws and the limits imposed on local and foreign journalists to report freely. In the same month, work to support improvement in this area was undertaken by the OSCE (Organisation for Security and Cooperation in Europe) Centre in Ashgabat which held a roundtable with government officials and parliamentarians to discuss international standards and national practices in promoting access to information. In June, the OSCE held a three-day workshop for Turkmen journalists designed to improve their online journalistic skills. The same month it was reported that a well-known Radio Free Europe journalist had resigned in the face of intimidation against him.

As part of his tour of Central Asian countries in June, the UN Secretary General visited Turkmenistan and spoke at a number of high-profile events. He made clear the importance of respecting human rights, noting in a speech to university students that “the way to confront threats is not more repression, it is more openness. More human rights”. Local media outlets made only short and condensed references to his speeches.

On 11 March, Turkmenistan published a new law on organising and conducting meetings, rallies, demonstrations, and other mass assembly. This law is due to come into force on 1 July 2015, and will allow individuals, political parties, and religious and civil society organisations to hold peaceful meetings, rallies and demonstrations. Local authorities will be responsible for authorising these, and restrictions will be placed on when and where demonstrations can take place. However, as there are few public gatherings which are not initiated by the government, legal provisions for the right of assembly in Turkmenistan have rarely been tested, and it is unclear what practical effect the new legislation will have. In April Turkmen officials attended an OSCE meeting in Austria which focused on freedom of assembly.

A new Internet law adopted in December 2014 came into force this year. It allows for more Internet access throughout the country, and makes it obligatory for all schools, museums and educational facilities to provide Internet access. Government offices will have to establish official websites to publish information about their activities and respond to online enquiries. However, the OSCE Representative on Freedom of the Media, Dunja Mijatovic, has cautioned that the law has restrictive aspects which are vaguely defined, and may have a “negative effect on the free flow of information and free expression on the Internet”. It also makes Internet users legally liable for the veracity of information they post.

A plan to introduce the Office of Ombudsman was announced on January 15, with the expectation that the first Ombudsman will take office in the autumn, provided that parliament passes the necessary legislation. In April the OSCE Special Representative for Central Asia, Mr Thierry Mariani, met the National Institute of Democracy and Human Rights to discuss this new role and, on 16 June, an EU seminar on the Establishment of the Institution of Ombudsman was held in Ashgabat. Government and Ombudsman officials from other EU countries participated, as well as Ashgabat-based EU Heads of Mission. The United Nations Development Programme (UNDP) also continues to work with the Turkmen government on developing its National Human Rights Action Plan. Also in June, the Annual Human Rights Dialogue between the EU and the Turkmen government was held in Ashgabat. Discussions ranged across all areas of human rights.

The OSCE Centre in Ashgabat has continued to support and promote legal reforms in Turkmenistan, and in February arranged a five-day visit by Turkmen law-making and law enforcement bodies to The Hague. This visit gave the delegation an opportunity to see best practice in the implementation of criminal justice reform, as well as meeting various Dutch judicial officials. Work continues on the amended constitution, which was initiated in May last year, and a revised draft is due to be presented at the Elders Council of Turkmenistan in October this year.

In April, an unspecified number of arrests of Turkmen citizens who practise “non-traditional” Islam were reported, as well as one of a Jehovah’s Witness being re-arrested. Although no official confirmation of these arrests has been made, in the same month Imams were instructed to encourage the traditional Turkmen form of Islam in their Friday sermons.

In May, British experts delivered an OSCE-sponsored workshop to government officials on freedom of religion or belief, building on an earlier workshop in 2014.

February saw an unspecified number of female prisoners pardoned by the President, as well as ten Iranian nationals returned to Iran. This pardon included a Jehovah’s Witness, adding to those pardoned late last year. A further 1,200 Turkmen prisoners and 13 foreign prisoners were pardoned in May on the occasion of Constitution Day. The EU, in its statement to the UN Human Rights Council on 17 March, noted these earlier releases, but also expressed its continued concern over limitations of freedom of expression and association, and encouraged Turkmenistan to implement reforms to address these issues.

In January 2015 the UN Human Rights Committee published its findings in the case of Boris Shikhmuradov, a former Foreign Minister and the most prominent figure among those arrested in the wake of an alleged coup attempt in 2002, who are now the subjects of the NGO-led “Prove they Are Alive” campaign. The committee found that Mr Shikhmuradov’s rights under several articles of the International Covenant on Civil and Political Rights had been violated by the government of Turkmenistan. The deadline for the government to respond, in line with committee requirements, expired on 5 June without a reply.

In April, Turkmenistan was unanimously elected to the Executive Board of the UN Entity for Gender Equality (UN-women) for 2016-2018. The same month OSCE organised a seminar in Ashgabat on gender equality and participation of women in public life. Members of the Turkmen parliament and law enforcement bodies took part.