| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
Title: Turkmenistan Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
TURKMENISTAN
Turkmenistan, a one-party state dominated by its President and his
closest advisors, made little progress in moving from a Soviet-era
authoritarian style of government to a democratic system. Saparmurad
Niyazov, head of the Communist Party since 1985 and President since
October 1990 when the post was created, remained in office. The
Democratic Party, the old Communist Party under a new name, retained a
monopoly on power; the Government registered no opposition parties in
1995 and continued to repress all opposition political activities.
Emphasizing stability over reform, the President's nation-building
efforts centered on developing Turkmen nationalism and glorification of
the President. In practice, the President controls the judicial system.
The Committee on National Security (KNB) has the responsibilities
formerly held by the Soviet Committee for State Security (KGB), with
membership and operations essentially unchanged. The Ministry of
Internal Affairs directs the criminal police, which works closely with
the KNB on matters of national security. These agencies have been
responsible for human rights abuses in enforcing the Government's policy
of repressing political opposition.
Turkmenistan continued to have a centrally planned economy, although the
Government continued to take small steps toward a transition to a market
economy. The country has the world's fourth largest reserves of natural
gas and is heavily dependent on revenue from gas exports. Seeking
fuller economic independence, it is considering construction of new gas
pipelines to or through a number of countries, including neighboring
Iran and Afghanistan. Agriculture, particularly cotton cultivation,
accounts for nearly half of total employment. According to statistics
of the International Monetary Fund, Turkmenistan has a gross domestic
product of $516 per capita.
The Government continued to commit human rights abuses. Turkmen
authorities severely restricted political and civil liberties.
Dissidents Mukhammetkuli Aimuradov and Khoshaly Garayev were sentenced
to 15 and 12 years' imprisonment for participating in the work of an
antistate organization and for plotting to kill the President. Other
political dissidents were jailed and beaten. Security forces continued
to beat suspects and prisoners, and prison conditions remained poor and
unsafe. The Government completely controlled the media, censoring all
newspapers and rarely permitting criticism of government policy or
officials. The Government generally gave favored treatment to ethnic
Turkmen over minorities and to men over women. Women experience
societal discrimination, and domestic violence against women appears
common.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
In June a man arrested in Ashgabat on suspicion of passing counterfeit
money reportedly died from injuries sustained while in police custody.
Others are also believed to have died as a result of beatings inflicted
by the police during interrogations (see Section 1.c.). The Government
denies that any extrajudicial killings have occurred, and no
investigations or prosecutions have taken place.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The 1992 Constitution makes illegal torture or other cruel, inhuman, or
degrading treatment. While systematic torture was not known to have
occurred, the beating of criminal suspects and prisoners was widespread.
In February while in detention at the Ministry of Internal Affairs
political dissident Mukhammed Aimuradov was severely beaten and required
hospitalization with two broken arms. Forced confessions are common.
Prisons are unsanitary, overcrowded, and unsafe. Food is poor, and
facilities for prisoner rehabilitation and recreation are extremely
limited. Government representatives have admitted that some prisoners
have died due to overcrowding and lack of adequate protection from the
severe summer heat.
d. Arbitrary Arrest, Detention, or Exile
Those expressing views critical of or different from those of the
Government have been arrested on false charges of committing common
crimes. On July 12, at least 80 persons were arrested after
participating in a peaceful protest march. The Government claimed that
all those who demonstrated were under the influence of narcotics or
alcohol. On July 19, the security forces arrested poet and journalist
Mukhammed Muradliev, reportedly on suspicion of organizing the July 12
demonstrations. Five days later, his colleague and fellow journalist,
Yowshan Anagurgan, was arrested, reportedly for the same reason.
On December 27, the trial of Muradliev, Anagurban and 25 others
connected with the demonstration began in secret. The two journalists
were convicted of hooliganism. The other defendants were all convicted,
too, on as yet unknown charges. Twenty of the 27 tried and convicted,
including the two journalists, were subsequently granted amnesty and
released.
The Government occasionally uses forced exile. In January 1994, the
authorities temporarily exiled political activist Durdymurad
Khojamukhamed to Baku, Azerbaijan, without either his consent or due
process. Almost all prominent political opponents of the present
Government have chosen to move to either Moscow, Stockholm, or Prague
for reasons of personal safety. Forced exile was not known to have
occurred in 1995.
e. Denial of Fair Public Trial
The Constitution theoretically established judicial independence;
however, the President's power to select and dismiss judges subordinates
the judiciary to the Presidency. The court system has not been reformed
since Soviet days. It consists of a Supreme Court, 6 provincial courts
(including 1 for the city of Ashgabat only), and at the lowest level, 61
district and city courts. A Supreme Economic Court hears cases
involving disputes between state economic concerns and ministries.
There are also military courts, which handle crimes involving military
discipline, criminal cases concerning military personnel, and crimes by
civilians against military personnel.
The President appoints all judges for a term of 5 years without
legislative review, except for the Chairman (Chief Justice) of the
Supreme Court, and he has the sole authority to remove them from the
bench before the completion of their terms.
The law provides for the rights of due process for defendants, including
a public trial, the right to a defense attorney, access to accusatory
material, and the right to call witnesses to testify on behalf of the
accused. In practice, these rights are often denied by authorities.
The accused has the right to select counsel, but there are no
independent lawyers, with the exception of a few retired legal
officials. When a person cannot afford the services of a lawyer, the
court appoints one. A person may represent himself in court.
Decisions of the lower courts may be appealed to higher courts, and in
the case of the death penalty the defendant may petition the President
for clemency. In practice, adherence to due process rights is not
uniform, particularly in the lower courts in rural areas. Even when due
process rights are observed the authority of the prosecutor vis-a-vis
the defense attorney is so great that it is very difficult for the
defendant to receive a fair trial.
In June opposition members Mukhammet Aimuradov and Khoshali Garaev were
tried in a closed session of the Supreme Court for conspiracy to
assassinate the President. Both were arrested in Uzbekistan in October
1994 and subsequently extradited to Ashgabat under a treaty that the
Government of Turkmenistan had yet to sign. Neither the public nor
international observers were allowed to observe the trial. Both
defendants were found guilty and were sentenced to 15 and 12 years
respectively in a maximum security prison. The Government has yet to
make public any credible evidence of the guilt of either Aimuradov or
Garaev. The charges against the pair are widely believed to be
fabricated.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the right of protection from arbitrary
interference by the State in a citizen's personal life. However, there
are no legal means to regulate the conduct of surveillance by the state
security apparatus, which regularly monitors the activities of opponents
and critics of the Government. Security officials use physical
surveillance, telephone tapping, electronic eavesdropping, and the
recruitment of informers. Critics of the Government, and many other
people as well, report credibly that their mail is intercepted before
delivery.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for the right to hold personal convictions and
to express them freely. In practice, however, freedom of speech is
severely restricted, and there is no freedom of the press. The
Government completely controls radio and television. Its budget funds
all print media. The Government censors all newspapers; the Committee
for the Protection of State Secrets must approve all prepublication
galleys. Russian language newspapers from abroad are routinely
confiscated at international airports.
The Government prohibits the media from reporting the views of
opposition political leaders and critics, and it rarely allows the
mildest form of criticism in print. The government press has condemned
the foreign media, including Radio Liberty, for broadcasting or
publishing opposing views, and the Government has subjected those
mentioned in critical foreign press items to threats and harassment.
The Government also restricts academic freedom. It does not tolerate
criticism of government policy or the President in academic circles, and
it discourages research into areas it considers politically sensitive.
The government-controlled
Union of Writers has in the past expelled members who have criticized
government policy; libraries have removed their works. Intellectuals
have reported that the security organs have instructed them to praise
the President in their art and have warned them not to participate in
receptions hosted by foreign diplomatic missions.
Critics of the Government in all fields were frequently reminded that
continued criticism could lead to many repercussions including the loss
of employment and opportunities for advancement. In the past, children
have been dismissed from school and adults have been removed from their
jobs because of the political activities of relatives.
On occasion, the authorities resorted to stronger methods to silence
their critics. On August 10, dissident Khudaiberdy Khalliev was
abducted by assailants believed linked to the security organs. After
being driven to the desert, Khalliev was severely beaten and abandoned.
In July two journalists were arrested, reportedly on suspicion of
organizing protest demonstrations (see Section 1.d.).
Almost all prominent political opponents of the present Government have
chosen to leave the country for reasons of personal safety (see Section
1.d.).
b. Freedom of Peaceful Assembly and Association
The Government restricts these rights. Unregistered organizations,
including those with a political agenda, are not allowed to hold
demonstrations or meetings. No political groups critical of government
policy have been able to meet the requirements for registration (see
Section 3). Social and cultural organizations without political aims
may normally register and hold meetings without difficulty. Those with
an ethnic or religious orientation may, however, be refused registration
under constitutional provisions that prohibit political parties based on
nationality or religion.
Theoretically, citizens have the freedom to associate with whomever they
please. However, supporters of opposition movements have been fired
from their jobs for political activities, removed from professional
societies or threatened with dismissal, or with the loss of their homes
or work space.
On July 12, the authorities dispersed a peaceful demonstration arresting
over 80 participants. Over 20 people were tried in secret on December
27 (see Section 1.d.).
c. Freedom of Religion
Citizens of Turkmenistan are overwhelmingly Muslim, but Islam does not
play a dominant role in society, in part due to the 70
years of repression under Soviet rule. The Constitution provides for
freedom of religion and does not establish a state religion. Official
harassment of religious groups has ended, and the State generally
respects religious freedom.
A modest revival of Islam has occurred since independence. The
Government has incorporated some aspects of Muslim tradition into its
efforts to define a Turkmen identity, and it gives some financial and
other support to its Council on Religious Affairs, which plays an
intermediary role between the government bureaucracy and religious
organizations.
Religious congregations are technically required to register with the
Government, but there were no reports that the Government enforced this
requirement or denied registration to any religious groups.
There is no law specifically addressing religious proselytizing. The
Government, however, would have to grant permission for any mass
meetings or demonstrations for this purpose. The Government does not
restrict the travel of clergy or members of religious groups to
Turkmenistan. Islamic religious literature is distributed through the
mosques. Orthodox churches offer a variety of Christian religious
literature.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Government does not generally restrict movement within the country,
although travel to the border zones is tightly controlled. Citizens
still carry internal passports which are used more as a form of
identification than a means of controlling movement. Residence permits
are not required, although place of residence is registered and noted in
passports.
The Government uses its power to issue passports as a means of
restricting international travel for its critics. Exit visas are
required for international travel and most ordinary travelers find the
process of obtaining passports and exit visas to be difficult. Many
allege that officials solicit bribes in exchange for permission to
travel abroad.
While most citizens are permitted to emigrate without undue restriction,
some government opponents have often been denied the opportunity to
emigrate. For example, although journalist Mamedniyaz Sakhatov and five
members of his family were granted refugee status by the United States,
the Government refused to issue the documents the family needed to
emigrate. Some ethnic Russians and other non-Turkmen residents,
including some Jews, left for other former Soviet Republics, Germany,
and Israel during 1995.
The government-funded Council of World Turkmen provides assistance to
ethnic Turkmen abroad who wish to return to Turkmenistan and apply for
citizenship. The Government, however, has not permitted many ethnic
Turkmen from Iran, Afghanistan, and other countries to resettle in
Turkmenistan. Authorities also tend to discourage the influx of non-
Turkmen workers from other areas of the former Soviet Union.
Turkmenistan is not a signatory to the 1951 U.N. Convention and its 1967
Protocol relating to the Status of Refugees and has yet to develop a
written policy on people seeking refugee status. In July however, the
U.N. High Commissioner for Refugees (UNHCR) established an office in
Turkmenistan and the Government has cooperated with it and other
humanitarian organizations in assisting refugees. There were no reports
of forced expulsion of those having a valid claim to refugee status.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The 1992 Constitution declares Turkmenistan to be a secular democracy in
the form of a presidential republic. In practice, however, it remains a
one-party state dominated by the President and his closest advisers
within the Cabinet of Ministers. Citizens have no real ability
peacefully to change the Government and have little influence on
government policy or decisionmaking. In the 1992 presidential election,
the sole candidate was Saparmurad Niyazov, the incumbent and nominee of
the Democratic Party of Turkmenistan (successor to the Communist Party).
The Government announced the election barely a month before voting day,
giving opposition groups insufficient time to organize and qualify to
submit a candidate.
A 1994 national referendum extended the President's term to 2002,
obviating the need for the scheduled presidential election in 1997.
According to the official results, 99.9 percent of those voting cast
their ballots to extend his term. In the 1994 elections for a
reconstituted Mejlis (Parliament) no opposition participation was
permitted. The Government claimed that 99.8 percent of all eligible
voters participated.
The Constitution calls for the separation of powers between the various
branches, with concomitant checks and balances. However, it vests a
disproportionate share of power in the Presidency, particularly at the
expense of the judiciary. In practice, President Niyazov's power is
absolute. Despite appearance of consensus, all decisions are made at
the President's level. The Mejlis routinely supports presidential
decrees and has no genuinely independent authority, although it has
taken several measures to become a more professional body.
In addition to its near total control over the flow of information, the
Government also uses laws on the registration of political parties to
prevent the emergence of would-be opposition groups. At present the
only registered party is the Democratic Party of Turkmenistan. The
policy of the Democratic Party, according to its leadership, is to
implement the policy of the President.
Women are underrepresented in the upper levels of government. Women
currently serve as the Deputy Chairman of the Parliament and as the
Permanent Representative to the United Nations. There are no women,
however, in the positions of greatest authority such as the Cabinet of
Ministers or provincial governors.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
There are no local human rights monitoring groups, and government
restrictions on freedom of speech, press, and association would preclude
any effort to investigate and criticize publicly the Government's human
rights policies. Several independent journalists report on these issues
in the Russian press in Russia and have contact with international human
rights organizations. On numerous occasions in the past the Government
has warned its critics against speaking with visiting journalists or
other foreigners wishing to discuss human rights issues.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Article 17 of the Constitution provides for equal rights and freedoms
for all, independent of one's nationality, origin, language, and
religion. Article 18 specifies equal rights before the law for both men
and women. There is no legal basis for discrimination against women or
religious or ethnic minorities. Cultural traditions and the
Governments's policy of promoting Turkmen nationalism, however, limit
the employment and educational opportunities of women and nonethnic
Turkmen.
Women
Domestic violence against women appears to be common, but, no statistics
are available.
Despite constitutional provisions, women are underrepresented in the
upper levels of state economic enterprises and are concentrated in
health care, education, and service industries. Women are restricted
from working in some dangerous and environmentally unsafe jobs. Under
the law, women are protected from discrimination in inheritance and
marriage rights. In traditional Turkmen society, however, the woman's
primary role is as homemaker and mother, and family pressures often
limit opportunities for women to enter outside careers and advance their
education. Religious authorities, when proffering advice to practicing
Muslims on matters concerning inheritance and property rights, often
favor men over women.
There are no women's groups in Turkmenistan. The Women's Council of
Turkmenistan, a carryover from the Soviet system, was disbanded
following the election of the new Parliament in December 1994. The
professional businesswomen's organization now is no longer active. The
Government has no program specifically aimed at rectifying the
disadvantaged position of women in Turkmen society, as it does not
believe that women suffer discrimination.
Children
Turkmenistan's social umbrella covers the welfare needs of children.
The Government has not, however, taken effective steps to address the
environmental and health problems that have resulted in a high rate of
infant and maternal mortality. During the annual cotton harvest,
children as young as 10 are sometimes taken from schools to work in the
cotton fields. Other than this, there is no pattern of societal abuse
against children.
People with Disabilities
Government subsidies and pensions are provided for those with
disabilities, and those capable of working are generally provided with
jobs under still-valid preindependence policies which virtually
guarantee employment to all. According to existing legislation,
facilities for the access of the disabled must be included in new
construction projects. Compliance is not complete, however, and most
older buildings are not so equipped.
National/Racial/Ethnic Minorities
The Constitution provides for equal rights and freedoms for all
citizens. Turkmen comprise 72 percent of the population of about 4
million, Russians 9.5 percent, and Uzbeks 9 percent. There are smaller
numbers of Kazaks, Armenians, Azerbaijanis, and many other ethnic
groups. Since independence, Turkmenistan has been spared the ethnic
turmoil that afflicted many other parts of the former Soviet Union.
As part of its nation-building efforts, the Government has attempted to
foster Turkmen national pride, in part through its language policy. The
Constitution designates Turkmen the official language, and it is a
mandatory subject in school, although not necessarily the language of
instruction.
The Constitution also provides for the right of speakers of other
languages to use them. Russian remains in common usage in government
and commerce. The Government insists that discrimination against
Russian speakers will not be tolerated. However, efforts to reverse
past policies that favored Russians work to the benefit of Turkmen at
the expense of the other ethnic groups, not solely ethnic Russians.
Non-Turkmen fear that the designation of Turkmen as the official
language will put their children at a disadvantage educationally and
economically. They complain that some avenues for promotion and job
advancement are no longer open to them. Only a handful of non-Turkmen
occupy high-echelon jobs in the ministries, and government employees
from minority ethnic groups are sometimes assigned lesser positions than
their experience and qualifications would warrant.
Section 6 Worker Rights
a. The Right of Association
Turkmenistan has inherited the Soviet system of government-associated
trade unions. The Federation of Trade Unions claims a membership of
some 1.6 million and is divided along both sectoral and regional lines.
Turkmenistan joined the International Labor Organization in late 1993.
While no law specifically prohibits the establishment of independent
unions, there are no such unions, and no attempts were made to register
an independent trade union in 1995. The state-sponsored unions control
key social benefits such as sick leave, health care, maternal, and
childcare benefits, and funeral expenses. Deductions from payrolls to
cover these benefits are transferred directly to the Federation.
The law does not prohibit strikes, but strikes are extremely uncommon.
In July workers at a state carpet factory went on strike to protest the
fact that they had not been paid for several months. The strike ended
the same day after the authorities threatened the strikers with
dismissal. No other strikes are known to have occurred.
b. The Right to Organize and Bargain Collectively
The law does not protect the right to collective bargaining. The
Ministry of Economics and Finance prepares general guidelines for wages
and sets wages in health care, culture, and some other areas. In other
sectors, it allows for some leeway at the enterprise level, taking into
account local factors. Annual negotiations involving the trade union
and management determine specific wage and benefit packages for each
factory or enterprise. In practice, in the predominantly state-
controlled economy, the close association of both the trade union and
the enterprise with the Government seriously limits the workers' ability
to bargain, and workers often go months without receiving their
salaries.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor. Although the Government
apparently had abandoned its policy of requiring students to pick cotton
at minimal rates of pay during the annual harvest, schools ordered
hundreds of students to work in the cotton fields. In certain areas
those who refused to work were not allowed to graduate or in some
instances were held back. No other incidents of compulsory labor were
reported.
d. Minimum Age for Employment of Children
The minimum age for employment of children is 16 years; in a few heavy
industries it is 18 years. The law prohibits children age 16 through 18
years from working more than 6 hours per day (the normal workday is 8
hours).
Fifteen-year-old children may work 4 to 6 hours per day but only with
the permission of the trade union and parents. This permission rarely
is granted. Violations of child labor laws occur in rural areas during
the cotton harvesting season, when teenagers work in the fields and
children less than 10 years of age sometimes help with the harvest.
e. Acceptable Conditions of Work
The Government sets the national minimum wage quarterly, based on a
market basket of commodities reviewed by the Ministry of Economics and
Finance. On January 1, the Government increased the minimum wage, but
subsequent devaluations reduced the value of the wage to $.50 (1,000
manats) per month. This figure falls far short of the amount required
to meet the needs of an average family. Most households are
multigenerational, with several members receiving salaries, stipends, or
pensions. Even so, many people lack the resources to purchase an
adequate diet, and meat is a luxury for most of them.
The standard legal workweek is 40 hours.
Turkmenistan inherited an economic system with substandard working
conditions from the Soviet era, when productivity took precedence over
the health and safety of workers. Industrial workers often labor in an
unsafe environment and are not provided proper protective equipment.
Some agricultural workers are subjected to environmental health hazards.
The Government recognizes that these problems exist and has taken some
steps to deal with them but has not set comprehensive standards for
occupational health and safety.
(###)
[end of document]
Return
to 1995 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.