TURKMENISTAN - Children's Rights References in the Universal Periodic Review

National Report

(2) Training is conducted regularly for members of the country’s judiciary and practising jurists (prosecutors and lawyers), in cooperation with international organizations (the Organization for Security and Co-operation in Europe (OSCE), the United Nations Children’s Fund (UNICEF),  the United Nations Office on Drugs and Crime (UNODC), the European Union TACIS programme  and the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ)) and with the participation of international experts, on issues relating to national and international legal protection of human rights and freedoms.

55. To stimulate the birth rate, the Code has introduced a State maternity benefit. The right to receive childcare benefit has been reviewed; the benefit is now paid to persons caring for a child up to one and a half years of age.

60. (1) The recommendations of the United Nations Committee on the Rights of the Child concerning Turkmenistan’s national report on compliance with the Convention on the Rights of the Child are being taken into account and gradually put into practice as education policy is improved. The main objectives of the President’s new education policy are to establish a better system for training the national labour force, to provide education that meets international standards and to satisfy the growing needs of the country’s economy for highly qualified professionals capable of participating in social and political reform.

(2) Radical reforms are under way in education in Turkmenistan. In order to improve the education system and bring it into line with international standards, a presidential decree set the length of study at 10 years in secondary education, 5 years in higher education and 6 years in medical subjects and certain arts subjects from the academic year beginning on 1 September 2007.

(3) As these innovations were introduced in education, appropriate changes were made to the Education Act. Article 13, paragraph 1, of the Act provides that “10-year general secondary education, which is the foundation of instruction, shall offer citizens the opportunity to acquire deep knowledge in accordance with the requirements of the age, for the proper development of their creative abilities, and the raising of their level of culture and physical fitness”.

(4) On 24 May 1996, Turkmenistan ratified the Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region of 21 December 1979, and the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Asia and the Pacific of 16 December 1983. In the context of reforms in education and science, the new Government also confirmed that education certificates issued in foreign countries would be recognized in accordance with international standards.

61. Among the first decrees issued by the new President of Turkmenistan to realize the objectives envisaged were the Decree of 15 February 2007 on enhancing the education system in Turkmenistan, the Decree of 4 March 2007 on improving the work of educational institutions and the Decree of 30 March 2007 on raising education sector salaries and student grants. These documents set out the aims and purposes and indicate ways of improving the work of educational institutions, as well as defining new academic standards for all levels of instruction and education.

62. Pursuant to these texts, education sector salaries and student grants are currently being increased, teachers’ workloads have been reduced, limits of 25 pupils per class have been set for secondary schools, and boarding schools have been opened in the provinces for children from remote districts. New subjects have been introduced: study of the laws governing the development of society and the foundations of legal, moral, economic, political and environmental culture, social science classes, physical education and foreign languages.

63. Turkmenistan has established an extensive network of education institutions allowing children to receive primary, secondary and special education. These include preschool facilities, schools, higher education institutions, vocational secondary schools and residential schools for children with disabilities, all of which are maintained by the State.

64. Secondary schools and higher education institutions are equipped with modern multimedia and computer technology and employ interactive teaching methods, thus enabling young Turkmens to receive a world-class education, enrich their inner world, broaden their horizons and learn about the achievements of science.

65. Turkmenistan’s policy on children calls for de jure and de facto protection of the rights and legitimate interests of children, an absence of discrimination on any grounds, and restoration of children’s rights when these are violated. The policy applies equally to children in towns and rural districts, to boys and girls, and to all other vulnerable groups of children. The universality of citizens’, including children’s, rights and freedoms, is statutorily enshrined in the Rights of the Child (Safeguards) Act of 5 July 2002, article 3 of which stipulates that all children living in
Turkmenistan have equal rights, irrespective of their ethnicity, sex, language, faith, education, place of residence, circumstances of birth, state of health or other factors.

66. The fact that education is free and generally accessible ensures high levels of education and literacy among the people of Turkmenistan. According to data from the 1995 population census, 98.8 per cent of the population aged 15 years or over is literate. Of every 1,000 persons aged 15 years or over, 92 have higher education, 9 have incomplete higher education, 166 have specialized secondary education, 477 have general secondary education, 183 have incomplete secondary education and 48 have primary education.

67. The country currently has 1,711 secondary schools, attended by more than 1 million children. There are also 17 vocational secondary establishments and 17 higher education institutions, with a total of more than 18,000 students.

68. In Turkmenistan, every 17- to 18-year-old (depending on when they complete secondary education) has access to higher education subject to success in the competitive entrance  examination. Higher education is provided free of charge.

69. In 2008, the intake of students in higher education institutions was increased, and 18 new subjects were introduced, including Italian language and literature, Chinese language and literature, Korean, Spanish, agrochemistry and soil science, plant protection, mechanized land improvement and animal husbandry, global financial markets and insurance, circus and variety arts, international law, international relations and diplomacy, international economic relations, international journalism, trade, global financial markets and industrial engineering. The introduction of the new subjects at a number of the country’s higher education institutions enabled 4,000 students to be admitted, 385 more than in the 2007 academic year.

70. Pursuant to the reforms and the recommendations of the United Nations Committee on the Rights of the Child, more young people are being sent by the Government to study in higher education institutions abroad. Agreements have been signed at State and government level to this end. During official visits by the Presidents of the Russian Federation and Kazakhstan, the issue of cooperation was addressed in bilateral agreements signed on humanitarian matters, including education. In 2007, students were admitted to various higher education institutions in the Russian Federation: the I.M. Gubkin State Oil and Gas University in Moscow, the Ufa State Oil Technical University, the Tomsk Polytechnical University, the Tyumen Oil and Gas University and the Almetyev Oil Institute. In accordance with intergovernmental and interdepartmental agreements, more than 1,000 young men and women became students at prestigious foreign institutions of higher learning. Currently, over 1,500 young people from Turkmenistan are studying at educational establishments in the Russian Federation, Turkey, China, Malaysia, Romania and other foreign countries.

71. There are now more than 100 secondary schools specializing in teaching foreign languages, including 80 specializing in English, 13 in German, and 7 in English and German. Assistance with language teaching is provided by centres for language study and computer literacy attached to secondary schools and to provincial and district education departments.

72. To offer social support and adjustment to disabled children, the State maintains educational, medical and rehabilitative institutions where disabled children can receive instruction, vocational training and education appropriate to their state of health (Rights of the Child (Safeguards) Act, art. 31). With a view to creating educational conditions conducive to children’s development, boarding schools have opened in the provinces so that children from villages remote from cultural centres and railway stations who have received a primary education can continue their studies in the senior grades, pursuant to the Presidential Decree of 4 March 2007 on enhancing the education system in Turkmenistan.

73. Children lacking one or both parents are supported by the State. There is an “Orphans’ Palace” in Ashgabat and an orphans’ home in Balkanabat, Balkan province, where children are looked after entirely at the expense of the State. Turkmenistan raises orphans in families: there is, for example, a family-style home in Turkmenabat, Lebap province, where eight children are cared for in a family environment.

74. Stateless and refugee children, migrants and the children of foreign citizens living in Turkmenistan have the same entitlement to education as Turkmen citizens. At present the refugees, including child refugees, who arrived in Turkmenistan in 1991-1997 have taken up permanent residence in Turkmenistan and enjoy all the rights of Turkmen citizens.

75. There are a variety of free courses available to vulnerable children from large families,  children missing one or both parents, former refugee children, invalid children etc., supported by the State, voluntary and international organizations: computer literacy, English language, sewing, cookery, applied ethnic arts and so forth.

76. Educational institutions at all levels are State establishments; the private sector is represented in the form of students following a variety of courses of study: entrepreneurship, foreign languages, the fundamentals of psychology, computer literacy, study and work using the Internet and so forth.

89. The recommendations of the United Nations Committee on the Rights of the Child and Committee on the Elimination of Discrimination against Women are being taken into account and gradually implemented as issues relating to the rights of women and children in Turkmenistan are addressed. The Turkmen Constitution proclaims that men and women are equal in all areas of social and political life. Article 18 stipulates that men and women in Turkmenistan shall have equal civil rights. Violation of equality on grounds of sex is illegal.

97. The Young People’s Right to Work (Safeguards) Act was passed in 2005. This envisages measures to protect children against economic exploitation involving the use of violence and prohibits situations that could endanger a child’s health, prevent a child from receiving an education, harm a child’s health or physical, mental or spiritual development, or prevent a child from exercising his or her freedom of conscience. The Act prohibits the conclusion of a contract of employment with a child under the age of 16 years; children who have reached the age of 15 years (instead of the 14 years that previously applied) can take a job with the written permission of one of their parents, but only if the job will not hamper their continuation of studies at school.

98. As far as rights are concerned, workers under the age of 18 years are assimilated to minors and enjoy the benefits in terms of labour protection, working hours and leave that are established by the Code of Labour Laws and other employment legislation.

Compilation of UN information

13. CEDAW expressed concern about the lack of policies and programmes for ethnic and minority women and girls, who may suffer from multiple forms of discrimination, in particular with regard to access to education, health, employment and participation in political and public life.39 CRC also noted the denial of a number of fundamental socio-economic rights for  members of ethnic minority groups, including the right to own property.40 CERD was particularly disturbed about reports relating to the removal of many non-ethnic Turkmen from State employment and to “third generation tests” imposed on persons wishing to access higher education and public sector employment.41 In its follow-up report to CERD, the Government stated that such tests are currently not performed and are not provided for under domestic legislation.42 CERD subsequently asked the Government to submit statistical data on the participation of members of ethnic or national minorities in the labour force, in particular public sector employment.43

16. CRC in 2006 was also concerned that children belonging to families of persons condemned on political grounds were often victims of discriminatory and punitive practices, notably in access to education and other services.47

19. CRC in 2006 also expressed its deep concern at the information that torture and ill- treatment of detainees, including children, is widespread, especially at the moment of apprehension and during pre-trial detention, and used both to extract confessions and as an additional punishment after the confession. 50 CRC recommended, inter alia, that Turkmenistan ensure that any statement made as a result of violence and or coercion will be qualified as inadmissible evidence.51 It also recommended investigating thoroughly all allegations of torture and ill-treatment, in particular within the juvenile justice administration by public officials; strengthening measures to encourage reporting of torture and ill-treatment and ensure that perpetrators are rapidly brought to justice; providing victims with recovery, social reintegration and compensation and protecting them from stigma and re-victimization; undertaking training programmes and awareness-raising campaigns.52 In 2006, the Secretary General called upon the Government to take verifiable measures to stop the use of torture and to ensure that all prisoners have access to lawyers of their choice and independent observers.53

21. CRC, while noting that corporal punishment seemed to be prohibited, recommended, inter alia, that Turkmenistan enforce legislation and procedures prohibiting corporal punishment; and conduct awareness-raising and education campaigns and promote non-violent, positive and participatory forms of childrearing and education.57

22. CRC, concerned that trafficking in persons was not expressly prohibited by law and that girls from minority ethnic groups were more likely to be victims of trafficking, recommended criminalizing trafficking in accordance with the Palermo Protocol; studying the nature and magnitude of the problem; and launching awareness-raising and prevention campaigns.58 CEDAW also expressed concern about the lack of information regarding the extent of trafficking and the exploitation of women in prostitution.59

26. In relation to juvenile justice, CRC was concerned, inter alia, that persons below 18 years are subject to the same criminal procedure as adults; that children may be held in remand pending investigation up to six months; and that confessions are often extracted by force and used as evidence in court. CRC recommended, inter alia, that Turkmenistan ensure that any statement which has been made as a result of violence and or coercion will be qualified as inadmissible evidence.66

29. CRC raised concerns in the area of adoption and guardianship and recommended, inter alia, that the State improve and harmonize its legislation in order to achieve compliance with the Convention and set up a centralized system for the registration of adoptions.69 While noting the low rate of institutionalization, CRC was concerned that many children were institutionalized due to the economic difficulties of their families. CRC recommended that Turkmenistan ensure that poverty does not lead to separation or out-of-home placement.70

30. Grave concern about the forced displacement of citizens was expressed by the General Assembly71 and CRC72, CERD also expressing its deep concern at information about the particular targeting of ethnic Uzbeks.73 CRC recommended that Turkmenistan urgently abolish forced resettlement as a punishment for certain crimes and end its policy of forced displacement of ethnic minorities.74

36. CRC expressed concern that all sources of information and the media in particular are subject to Government control and do not allow for diversity and shared the concerns of CERD that access to foreign culture and media, including the Internet, was very limited.88 CERD recommended that Turkmenistan respect the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers. 89

43. While noting that the free provision of gas, electricity, water and table salt has been extended until 2020, CRC was concerned that, partly due to an unequal distribution of wealth in the country, a considerable number of families live at the edge of poverty.105 CEDAW expressed concern particularly about the negative impact of customs on rural women, especially with regard to access to land and inheritance.106

44. While the guarantee of free medical care to children was welcomed, CRC107, CEDAW108 and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health109, in 2006, raised concerns about the health sector. CEDAW expressed concern about the cutbacks in the health sector, the closure of hospitals outside the capital and the effectiveness of the Health Houses in the rural areas.110 Concerns raised by CRC included the accuracy of infant mortality rates, the high maternal mortality rate and the lack of supplies and emergency medicines in hospitals. 111 In an urgent appeal, the Special Rapporteur on the right to health referred to information received that the failure to report official data on health to United Nations organizations since 1998 had made it difficult both to determine the overall health of the population and to assess health-care provision. = Specific allegations pertained to health-care reforms undertaken in 2004 - 2005, including the dismissal of 15,000 health-care workers and their replacement by untrained military conscripts.112

45. CRC, while welcoming that medication for children with disabilities were paid by the State, was concerned that children with disabilities were over-institutionalized and recommended that Turkmenistan, inter alia, undertake efforts to implement alternative measures to prevent the institutionalization of children with disabilities.113

46. CRC expressed concern about the low levels of knowledge on how HIV can be transmitted, the lack of means for protection from HIV infection, about prevailing unsafe sexual behaviour and injecting practices, and the increasing illicit use of narcotic drugs and psychotropic substances among adolescents.114 Similar concerns were raised in a 2004 UNAIDS report.115 CRC recommended, inter alia, that Turkmenistan adequately implement the National Programme on HIV/STI Prevention in Turkmenistan (2005-2010); and undertake a study on adolescent health with a view to developing a comprehensive adolescent health policy addressing in particular drug addiction.116

47. CRC in 2006 raised concerns about the educational system and recommended, inter alia, that the State increase the number of school days to 180 days in line with international standards; improve the remuneration of teachers; improve the school curriculum; strengthen its efforts to include human rights in general, and the rights of the child in particular, into the curricula; and increase the availability of vocational training programmes for young people, with the view of facilitating their future access to the labour market.117

50. Concerns about the content of the “Ruhnama” were expressed by CERD121 and CRC, which explained that it is a “spiritual guide” written by the President and that a large part of the school programme is devoted to its teaching.122 CRC recommended that Turkmenistan improve the school curriculum, including through the inclusion of human rights education. 123 In its follow-up report to CERD, the Government provided information in 2008 that “Ruhnama” is not a prominent subject in the curriculum of general secondary schools; and on educational reform being carried out with the aim of bringing it into line with international standards.124 CRC127and CERD128 expressed concerns about the right of persons belonging to national 52. and ethnic minorities to enjoy their own culture. CRC 129 and CERD recommended that Turkmenistan consider reopening minority language schools. CERD also suggested that it reconsider the requirement that students belonging to national or ethnic minorities wear Turkmen national dress; and ensure that members of national and ethnic minorities have the possibility of creating and using their own media in their own language.130 In its follow-up report to CERD, the Government informed the Committee of the agreement with certain countries to open schools for the diasporas of the States concerned; and that in the absence of legislation stipulating the wearing of Turkmen national dress by schoolchildren, every school has the right to choose its uniform.131

Stakeholder Compilation

9. Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that article 24 of the Rights of the Child (Guarantees) Act (2002) prohibits corporal punishment which is “harmful for the child’s mental and physical health”. This falls short of full prohibition because it suggests that there may be some degree or kind of corporal punishment which does not cause harm. Corporal punishment is reportedly unlawful in schools and alternative care settings under education legislation and article 24 of the Act.14

11. According to TIHR, the “Law on the guarantee of the right of young people to work”, enacted in February 2005, put an end to the practice of mass summoning of school pupils to harvest cotton. However, in rural schools, the use of child labour continues for the production of silk cocoons. Children are drawn into work in the agricultural production by their parents - work in the fields, vegetable patches, gardens, cattle pasture, or in the preparation of fodder for cattle and birds. In towns and large villages there is high unemployment among the adult population, and children from families where the parents do not have work are forced to work in bazaars in the capacity of sellers or porters.16 Noting the wide prevalence of drug abuse, TIHR was also concerned about children being forced to help their drug-dealing parents. Parents involve their own children to be able to serve as many client-addicts as possible, and therefore increase their profit and hope that if their children are arrested by the police, they will not be punished, or at least only punished minimally. However, children fall into the hands of the police and are regularly convicted.17

36. HRW reported that the country is rich in natural gas, but most of the population lives in grinding poverty. The new government has begun to reverse some of the most ruinous social policies and reinstated pensions and social allowances, restored the tenth year of secondary education and the five-year course of university-level education, and increased enrolment in universities. These measures are welcome but have not changed Turkmenistan’s abysmal human rights record. There is no indication for example that the government is proposing comprehensive reform needed to restore the public health, social welfare, and education systems to levels that would ensure access to basic health care, food, housing, and education is available to all, or that full enjoyment of such rights will be progressively realized. While serious institutional reform is needed in every aspect of human rights practices in Turkmenistan, releasing political prisoners, abolishing governmental impediments for travel abroad, and allowing non-governmental organizations (NGOs) and independent media to function freely in Turkmenistan can and should be accomplished promptly.67

Final Report

22. Algeria noted that, according to the national report, international instruments to which Turkmenistan is a party have precedence over domestic legislation. Algeria requested detailed information on this issue and recommended that appropriate attention be paid to the integration into domestic legislation of the commitments undertaken by Turkmenistan by virtue of international conventions on human rights. Algeria noted that the national report showed the willingness of Turkmenistan to remedy the delay in presenting its reports to the various treaty bodies. It recommended that the Government, with the assistance of OHCHR, pursue its efforts to abide by the timeline described in the national report relating to its reporting to treaty bodies. Furthermore, Algeria commended the reforms by the Government in education. It encouraged the Government to continue its efforts to establish an educational system in conformity with international standards, especially through the inclusion of human rights education in the curricula, as recommended by the Committee of the Rights of the Child.

25. Brazil welcomed the establishment of the National Institute for Democracy and Human Rights and the Inter-Institutional Commission for Human Rights. It stressed the importance of continuing to exchange information with OHCHR and the United Nations system on the realization of civil, political, economic, social and cultural rights. Brazil requested information on concrete measures taken to promote and protect the rights of children and women, to eliminate all forms of discrimination, to prevent and combat torture and to address the issue of refugees. Brazil also enquired about the most pressing needs for the full enjoyment of human rights, including in the areas of cooperation, capacity-building and technical assistance. Brazil recommended that Turkmenistan (a) reach the human rights goals set by the Council in its resolution 9/12; (b) consider ratifying the Rome Statue of the International Criminal Court, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention for the Protection of all Persons against Enforced Disappearance and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; (c) consider adopting a standing invitation to special procedures; and (d) strengthen its policy on the prevention and the combating of child labour and on the full guarantee of the rights of the child, with special attention to children without parental care.

30. Slovenia commended the visit by the Special Rapporteur on freedom of religion or belief, but was concerned about a large number of pending visit requests by special procedures. It recommended that the Government respond to all pending requests positively without further delay and asked if it considers issuing a standing invitation to special procedures. Slovenia enquired about the Government’s recognition of conscientious objection to military service. It recommended that Turkmenistan recognize this and stop prosecuting, imprisoning and repeatedly punishing conscientious objectors. Although Turkmenistan has acceded to the Convention on the Elimination of All Forms of Discrimination against Women, Slovenia noted that many women’s human rights issues still cause great concern, such as the practice of arranged marriages, violence against women and discrimination against divorced women. It enquired about actions to improve the situation and better protect victims of these practices. Slovenia recommended that the Government cooperate closely with UNICEF and OHCHR in the protection of the rights of the child. It enquired about the Government’s plans to seek technical assistance and capacity-building from OHCHR, and encouraged it to consider this possibility.

40. The Czech Republic asked whether any registration procedure exists to identify children of detainees/prisoners so that their rights can be protected. It recommended that Turkmenistan (a) review politically motivated trials of the past and release all human rights defenders and political prisoners; (b) abolish the propiska system and adopt further legislative and other measures to ensure compliance of its legal system and practice with the protection of freedom of movement; (c) accede to the Optional Protocol to the Convention against Torture and establish a national preventive mechanism in accordance with the Protocol; (d) allow regular access of ICRC to prisons and detention facilities and ensure thorough and impartial investigation of all cases of torture and ill treatment and punishment of persons responsible for them according to the law; (e) decriminalize consensual same-sex activity between adults and take measures to promote tolerance in this regard; and (f) issue and implement a standing invitation to all special procedures.

46. China noted with appreciation that Turkmenistan provides its citizens with free natural gas, electricity, water, salt, medical services and free and universal education. China asked how Turkmenistan ensures free education for children in remote and isolated areas. It welcomed measures to protect the rights of women and children. It asked whether women participated in the formulation of these measures and how Turkmenistan will increase the participation of women in decision-making. Being a developing country faced with similar challenges, China wished to exchange views and experiences with Turkmenistan. Lastly, China called on the international community to provide economic and technical assistance to Turkmenistan so that it could implement a strategy for economic, political and cultural development until 2020.

49. Hungary recommended that Turkmenistan bring the provisions of its domestic laws into conformity with the international obligations laid down in the human rights instruments it has ratified. It stressed that the Committee on the Rights of the Child had noted with concern that trafficking in persons was not expressly prohibited by law. Hungary recommended taking steps to fight trafficking in human beings and to comply with the conclusions of the Committee of the Rights of the Child and other treaty bodies. Hungary also requested information on measures planned to guarantee the safe and secure activity of human rights defenders.

53. With respect to observance of the rights of the child and reforming juvenile justice, she cited the State’s cooperation with UNICEF. Turkmenistan has completed a review of its legislation on minors in court and that an inter-agency commission, including representatives of the legislature and law enforcement authorities, has been established for the implementation of international human rights obligations. Cooperation with UNICEF also resulted in a tour to the United Kingdom to review the juvenile justice system there. Turkmenistan is preparing an assessment of its legislation on juvenile justice and has conducted an expert assessment of institutional structures dealing with juvenile justice. It is also preparing proposals for Parliament for the decriminalization of offences by minors and for the establishment of special structures to judge them.

54. Turkmenistan adopted a special law on human trafficking, particularly involving women and children, in 2007. The State has already acceded to all core international conventions on combating human trafficking, as well as to the Palermo Protocols, and has adopted a decree to combat trafficking in persons. Turkmenistan is also preparing a specific proposal to criminalize trafficking-related offences and is cooperating with UNICEF in this regard.

58.With regard to torture, an inter-agency commission in Turkmenistan has sent parliamentary proposals on the need to draft a new prison code, in line with the International Covenant on Civil and Political Rights and other relevant standards, and on trying and incarcerating minors. Turkmenistan is cooperating with European legal experts, particularly from Germany and the United Kingdom, to prepare the new code. With regard to conditions for holding minors in jail, Turkmenistan is cooperating with UNICEF.

60. On the rights of national minorities, the Government has a policy of promoting understanding between people of different ethnic groups, without limitations and preferences based on race, religious, ethnic or other origin. The policy of non-discrimination is applied consistently in Turkmenistan and is based on the mentality of the Turkmen people. Turkmenistan is a party to the Convention on the Elimination of All Forms of Racial Discrimination and has been cooperating constructively with neighbouring countries in the humanitarian sphere, including in the field of education. During exchanges of visits between the Heads of States of Turkmenistan and the Russian Federation, Uzbekistan and Kazakhstan, agreements have been reached on opening schools for ethnic minorities and on holding years and months of culture in each other’s countries.

63.On the rights of women and children, Turkmenistan stated that it is party to a number of international standards and that, based on these and its own standards, it guarantees the rights of the child. In December 2007, Parliament implemented provisions of relevant conventions and adopted laws on State guarantees for gender equality and on combating human trafficking; furthermore, articles 19 and 20 of the new Constitution guarantee gender equality. With regard to the rights of women to marry, in addition to the Family and Marriage Code in Turkmenistan, there are constitutional guarantees in article 27. A new draft family code has been developed, taking into account all recommendations made by the Committee on the Rights of the Child and by the Committee on the Elimination of Discrimination against Women. The new family code will raise the marriageable age.

64.The delegation said that alternative methods of care for children may be envisaged if children are unable to be properly cared for or educated or placed in families or adopted, if it is not possible to care for the child in other ways. The question of birth registration has to be borne in mind, as the child is to be registered immediately after birth and has the right to be given a name and to acquire citizenship.

67. On cooperation with international bodies, the delegation said the new Government has an open-door policy. Turkmenistan is working with UNDP to carry out improvements to the electoral system, and with UNFPA and UNICEF to eliminate child labour, to reform juvenile justice and further ensure gender equality. A project with UNDP dealing with improving reporting procedures is in its final stages. It referred to the inter-agency commission, which has adopted a plan on submitting reports. The delegation also cited a two-year project funded by the European Union and involving OHCHR, UNDP and the Government, entitled “Enhancing potential for protection of human rights in Turkmenistan”.

Accepted and Rejected Recommendations

The following recommendations were accepted by Turkmenistan:

3. To widely disseminate the main human rights texts, particularly by providing courses on human
rights in school curricula to make all social categories aware of their rights (Switzerland); to use all appropriate ways and means to further develop and strengthen a culture of human rights, create more human rights capacity-building, and promote human rights public awareness-raising, with a view to the better promotion and protection of all human rights and fundamental freedoms in society at large (Islamic Republic of Iran);

4. To strengthen its policy on prevention and combat of child labour and on the full guarantee of the rights of the child, with special attention to children without parental care (Brazil); to cooperate closely with UNICEF and OHCHR in the protection of the rights of children (Slovenia);

10. To implement the provisions of the Palermo Protocols ratified by Turkmenistan, in particular with a view to criminalizing trafficking in persons (France); to take steps to fight against trafficking in human beings and to comply with the conclusions of the Committee of the Right of the Child and other treaty bodies (Hungary);

18. To continue to improve the situation of education in line with recent reforms in this sector (Bangladesh); to continue its efforts to establish an educational system in conformity with international standards, especially, as recommended by the Committee of the Rights of the Child, through the inclusion of human rights education in the curricula (Algeria);

Turkmenistan did not reject any recommendations