Country Report on Human Rights Practices for 1992
TURKMENISTAN
Turkmenistan became independent following a referendum on October 27, 1991,
with the support of 94 percent of those who voted. Saparmurad Niyazov, head of
the Commumst Party since 1985 and President since October 1990 when the post
was created, was elected President of the country in a direct election on June 21,
1992. He ran unopposed in the election, announced barely a month before voting
day, leaving the opposition insufficient time to organize. According to oflicial government
results, 99.9 percent of eligible voters participated, with 99.5 percent supporting
the President.
Progress in moving from the Soviet-era authoritarian style of government toward
a democratic system was nonexistent in 1992, and economic reform was cautious.
The Communist Party, renamed the Democratic Partv, retained a monopoly on
power; the Government registered no opposition political parties and actively inhibited
their activities. The Rresident emphasized stability over reform and worked to
create a renewed sense of Turkmen nationalism as part of his declared effort to
build a nation. This nationbuilding effort took plfice amidst growing signs of a personality
cult developing around the President.
The Committee on National Security (KNB) took on 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 woiks closely with the KNB on matters of national security.
Turkmenistan remained a centrally planned economy. Althou^ the Government
announced a step-by-step transition to a market economy, and laws and regulations
encouraging foreign investment were passed, little progress was made toward privatization.
Under the transition plan, the Government will maintain control over 80
percent of the economy for at least the next 3 years, including the lucrative natural
gas, oil, and minertds industries and the important cotton industry.
Turkmenistan largely avoided abuses against the integrity of the person (e.g.,
extrajudicial killing, torture), but the Government severely restricted political parties.
It maintained strict controls over the political opposition and completely controlled
the media, censoring all newspapers and rarely permitting criticism of gov946
emment policy or ofiicials. The Government deported two members of Amnesty
International in October, after they met with members of the opposition. As part
of its efforts to foster a sense of nationhood among the Turkmen, the Government
reversed decades of favoritism toward Russians; ethnic Turkmen now receive favored
treatment, leading ethnic minorities to complain of discrimination, especially
in employment practices.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom from
a. Political and Other Extrajudicial Killings.—There were no reports of political
or extrajudicial killings.
b. Disappearance.
^There were no reports of abductions or disappearances.
c. Torture and CHher Cruel, Inhuman, or Degrading TVeatment or Punishment.—
The Constitution specifica^ prohibits torture and cruel, inhuman or degrading
treatment or punislunent." Tftiere were no reports of torture. Police beat one political
opponent after apprehending him following his escape from detention in October,
but police brutality is not a conmion complaint. On at least two occasions, unknown
assedlants attacked political dissidents; police made no arrests in these cases.
d. Arbitrary Arrest, Detention, or Exile
On several occasions, political critics
were temporarily detained during 1992. Authorities held at least one member of the
opposition AgzybirUk movement at a police station during the brief visit of U.S. Secretary
of State James Baker in February. Police stationed outside the doors of other
political dissidents prevented them from leaving their homes during the visit. Police
also took in for questioning some of the same activists and closely monitored their
activities during the October National Day celebrations. The police in Ashgabat, the
capital, also briefly detained a former deputy of the then Supreme Soviet who had
attempted to organize a meeting in May to discuss the draft national constitution.
They returned him to his provincial home, where local authorities held him under
house arrest, preventing hun from participating in deliberations on the constitution.
Later, unknown assailants attacked and shot him. At year's end he was undergoing
medical rehabilitation in Moscow.
Members of the political opposition claimed that the Government routinely silenced
political critics by arresting them on trumped-up criminal charces—for example,
by planting illegal drugs on the person or property of political dissidents. The
Government has publicly linked one of their most vocal opponents, the editor of the
journal Dayanch, to known criminal elements. His alleged links with a local crime
gang have been a subject of discussion on local television and in front of student
groups. Supporters of the editor fear that the Government is lajring the groundwork
to bring trumped-up charges against him.
e. Denial of Fair Public Tried.—The court system in Turkmenistan consists of a
Supreme Court, 6 provincial courts (including 1 for the city of Ashgabat only), and
61 district and city courts. There are also military courts, which handle crimes involving
military discipline, criminal cases concerning military personnel, and crimes
by civilians against military persoimel; and a Supreme Economic Court, which hears
cases involving disputes between state economic concerns and ministries. 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 has the sole authority to
remove them from the bench before the completion of their terms. The new Constitution
theoretically established judicial independence; however, this concentration
of power regarding selection and dismissal of judges effectively subordinates the judiciary
to the Presidency.
Turkmen law provides for due process rights, 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. The accused has the right to select counsel, but
independent lawyers, with the exception of a few retired legal officials, do not exist.
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 ftesident for clemency.
Adherence to due process rights is not uniform, particularly in the lower courts
in rural areas. A young shepherd, Bairumgeldi Chariyev, was convicted and executed
cf the murder or two men who allegedly attempted to rape his wife in his
presence. Chariyev's family claims that he did not receive a fair trial because of the
political connections of the families of the alleged rapists. His family noted that the
court refused to consider evidence that would have demonstrated that the killings
were justifiable. Human rights monitors also claim that the failed appeal of
r
Chariyev*8 death sentence was illegal because neither the defendant nor his lawyer
were present.
There are no known political prisoners in Turkmenistan.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The
Constitution guarantees the right to protection from arbitrary interference in a citizen's
personal life. However, no meaningful legal scheme exists to regulate these
kinds of surveillance activities. The state security apparatus regularly monitors the
activities of opponents and critics of the Grovemment. This takes the form of routine
surveillance, telephone tapping and electronic eavesdropping, and the use of informers.
Government critics also report credibly that their mail is intercepted before delivery,
with correspondence to and from international human rights organizations
being coniiscated.
Section 2. Respect for Civil Liberties, Including
a. Freedom of Speech and Press
The Constitution guarantees the ridit 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. Radio and television
are completely government controlled. Only one print entity, a bimonthly
business newspaper, is not funded through the government budget. The Government
censors all newspapers; their prepubUcation gaUeys must be stiomitted for approval
to the Conomittee for the Protection of State Secrets. The Government also refuses
to allow the media to report the views of opposition political leaders and generally
allows criticism of government policy only in those areas where it has already decided
to implement reform.
During a brief period at the beginning of 1992, before its censorship procedures
were fuUy in place, the Government permitted a limited degree of free expression
in the press. Since then, however, it repeatedly threatened to close the Turkmenlanguage
newspaper Yash Konomunist, which published independent views regularly
during that period, and subsequently replaced its editorial leadership. Journalists
who protested the change in management and reimposition of censorship lost
their positions.
The authorities confiscated more than 20,000 copies of the first issue of the opposition
journal Dayanch, published in Moscow, upon arrival in Ashgabat in February.
They justified their action on the grounds that the publication was produced by an
unregistered group which advocated the overthrow of the Government. They also
fined people for distributing Dayanch and confiscated subseauent issues, along with
those of a second opposition publication, Ata-Vatan, publisned in Azerbaijan. The
editor of Dayanch appeared in court and was fined three times for preparing and
distributing an illegal publication. In October, the day after his last court appearance,
unidentified assailants attacked and beat him in the street.
b. Freedom of Peaceful Assembly and Association
The Government restricts the
freedom of peaceful assembly. Unregistered organizations, Including political parties,
are not allowed to hold demonstrations or meetings. No political groups that
are critical of government policy have been able to meet the requirements for registration
(see Section 3). Social and cultural organizations without political aims
normally may register and hold meetings without difficulty.
Citizens theoreticaUy have the freedom to associate with whom they please. However,
supporters of opposition movements have been fired from their jobs for political
activities or threatened with dismissal or with the loss of their homes or work
space. Police questioning of organizers thwarted attempts to hold discussions on the
new Constitution prior to its adoption. Security personnel have also at times warned
members of opposition groups not to meet with foreigners (see Section 4).
c. Freedom of Religion
Turkmen are overwhelmingly Muslim, but after 70 years
of Soviet domination Islam does not play a dominating role in society. The new Constitution
guarantees freedom of religion and does not establish a state religion.
State harassment of religious groups has largely ended, and religious freedom is
generally respected. While antireligious sentiment remains in some elements of the
Government, there is another element that has given preference to Islamic groups
as part of Turkmenistan's efforts at nationbuildmg. The revival of Islam is closely
tied in this respect to resurgent Turkmen nationalism. One evidence of Islam's revival
is the great increase that has occurred in mosque construction, which the Government
has helped facilitate.
The Government's Council on Religious Affairs plays an intermediary role between
the government bureaucracy and religious organizations. Religious congregations
are technically required to register with the (jovemment, but tnere are no reports
that the Government prevented those that have not yet done so from practicing
their faith. Nor were there any reports that attempts to register religious groups
were denied.
There is no law specifically addressing religious proselytizing. Permission to hold
mass meetings or demonstrations for this purpose would, however, have to be
sought from the Government and would not be granted to nonregistered groups. The
Government does not restrict the travel of clergy or members of religious groups to
Turkmenistan. Religious literature is generally available, but some religious groups
voluntarily limit the public distribution of their publications for fear oi a negative
reaction from Muslims.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Refatriation.—
The Government does not generally restrict movement within
urkmenistan. Turkmen citizens still carry internal passports, more as a form of
identification than a means of controlling movement. Persons may be asked to
produce identification when purchasing air tickets, but identification is not required
for other modes of transportation. Residence permits are not required, althou^
place of residence is registered and noted in passports.
Travel between the former republics of the Soviet Union requires no passport or
visas and is generally unhindered. However, the Government has limited the movement
of political critics who it feared would attempt to spread negative information
about its policies abroad. In August police detained the editor of the opposition
newspaper Ata-Vatan while he was trying to board a domestic train and later removed
him from a public bus. Both incidents apparently were aimed at preventing
his departure from the country. The Government warned at least eight political opponents
not to leave Turkmenistan in December to attend an international human
rights conference in Kyrgjrzstan.
Travel outside the former Soviet Union requires an exit visa. Citizens of
Turkmenistan are permitted to emigrate without undue restriction. Many Russians
and other non-Turkmen residents left for other former Soviet republics during the
year, and many members of the small Jewish community emigrated to Israel.
The govemment-Ainded Council of World Tuikmen provides assistance to ethnic
Turkmen abroad who wish to return to Tuikmenistan and claim citizenship; several
thousand did so in 1992.
Over 40,000 refugees of various ethnic groups entered Turkmenistan during the
year to flee the fighting in Tajikistan. The Government provided them temporary
housing and other social assistance.
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, 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 June presidential election, the sole candidate was Saparmurad Niyazov,
the incumbent and nominee of the Democratic (formerly Communist) Party. The
Government announced the election barely a month before voting day, giving opposition
groups insufiicient time to organize and qualify to submit a candidate. According
to ofucial government results, 99.9 percent of eligible voters participated, and
99.5 percent of them supported Niyazov. The members of the Mejlis (parliament)
were last elected in 1990, under the old Communist system which allowed little popular
participation in the selection of candidates. These members will remain in office
untU the next scheduled elections in 1995. The next Presidential election will
be in 1997. In December 1992, 60 members of the Halk Maslahaty (People's Council)
were elected by popular vote. Registered political and other organizations nominated
candidates in the 60 nationwide election districts. The Government prevented the
only attempt to put forward a genuine opposition candidate by disrupting a nominating
meeting in the provincial town of Essenguly. In the actual election, only 61
candidates competed for the 60 seats.
The Constitution establishes the various branches of government, including: the
Presidency, the Mejlis (National Assembly), the Cabinet of Ministers, the Supreme
Court, and the Supreme Economic Court. The Halk Maslahaty (People's Council),
defined as the supreme representative body of popular rule, encompasses all of the
above plus 60 popularly elected members and local government oflicials. Primarily
an advisory body, it has some authority to ratify treaties.
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,
the President, in concert with his Cabinet of Ministers, makes all policy decisions,
appoints government officials down to the level of city mayors, and decides on which
legislation will be considered by the Mejlis. The Mejiis has no genuinely independent
authority.
Government officials state that their goal is political pluralism and the establishment
of a multiparty system. However, there were few indications in 1992 that the
Republic's present leadership will permit any serious opposition to develop. In addition
to its near total control over the flow of information, the Government also used
laws on the registration of political parties to control the opposition. At present the
only registered party is the Democratic Party of Turicmenistan, which is the successor
to tne Communist Party of the Turkmen Soviet Socialist Republic. The policy
of the Democratic Party, according to its leadership, is to implement the policy of
the President.
AUies of the President are attempting to form a second party, the Peasants' Party.
The Government has refused to register any of the genuine opposition parties,
claiming that they do not meet the legal requirements for registration. According
to the Government, opposition parties may register once they have done three
things: shown that they have the support of at least 1,000 voters; developed a party
Srogram spelling out internal rules and regulations; and presented a party platform
etailing its proposals for governing.
The opposition movement Agzybirlik attempted to hold a members' convention on
January 19 to approve party rules and platform. The authorities broke up the meeting
and arrested the movement's 15 principal leaders, holding them for a day under
a Communist-era law prohibiting mass political gatherings. Opposition leaders
claim that the Government refuses to permit them to organize the meeting necessaiy
to fiilfill the requirements of registration.
The Constitution also prohibits the formation of political parties based on religion
and ethnicity, and one Russian organization was reportedly denied registration for
that reason in 1992.
Section 4. Governmental Attitude Regarding International and Nongovernmental Investigation
ofAlleged Violations ofHuman Rights
There are no local human rights groups in Turkmenistan. In October the Government
deported two representatives of Amnesty International (AI) who had traveled
to Ashgabat to investigate the human rights situation. They reportedly met with
leaders of an opposition political movement. While the (Jovemment forced the AI
representatives to leave because they did not hold proper visas, it said they could
come back once they had obtained proper documentation, which would be issued
promptly. However, security police reportedly warned the opposition leaders about
meeting with foreigners, and the AI representatives did not return before the end
of 1992.
Section 5. Discrimination Based on Race, Sex, Religion, Language, or Social Status
The Constitution guarantees equal rights and freedoms to 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 Kazakhs, Armenians, Azerbaijanis,
and many other ethnic groups. In 1992 Turkmenistan was spared the ethnic turmoil
that afflicted other psuts of the former Soviet Union. However, as part of its
nationbuilding efforts, the Government has attempted to foster Turkmen national
pride, in part through its language policy. The Constitution desimated Turkmen the
official language and made it a mandatory subject in schools. There is an expectation
that afl citizens of Turkmenistan will eventually speak Turkmen. However, the
Constitution also guarantees speakers of other languages the right to use them.
Russian remains in common usage in government and commerce. The Government
insists that discrimination against Russian speakers wiU not be tolerated.
However, efforts to reverse past poBcies that favored Russians work to the benefit
of Turkmen at the expense of the other ethnic groups and not solely ethnic Russians.
Non-Turkmen fear that the designation oi Turkmen as the official language
will put their children at a disadvantage educationally and economically. They complain
with some justification that some avenues for promotion and job advancement
are no longer open to them, and there are reports that some non-Turkmen have
been threatened with job dismissal unless they learn Turkmen. To date, the Government
has not established a program for teaching Turkmen to non-Turkmen speakers.
The Constitution guarantees fuU equality for women. In practice, however, women
are underrepresented in the upper levels of government and state economic enterprises
and are concentrated in nealth care, education, light industry, and other traditional
low-paying sectors. Women are restricted from working in some dangerous
and ecologically unsafe jobs. Under the law, women are protected from discrimination
in iimeritance and marriage ri^ts. In traditional 'Turkmen society, however.
the woman's primaiy role is as homemaker and mother, and family pressure often
limits opportunities for women to enter outside careers and advance their education.
Among practicing Muslims who seek the advice of religious authorities on matters
concerning inheritance and property rights, men often take precedence over women.
The Women's Council of Turkmenistan addresses issues of concern to women.
While no reliable statistics on domestic violence against women are available, women's
groups and medical personnel say that it is not a major problem. The Government
has no program specifically aimed at rectifying the disadvantaged position of
women in Turkmen society, as it does not believe women suffer discrimination.
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 has announced it wiU seek membership in the International Labor
Organization.
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 1992. The state-sponsored unions control key social benefits such as sick
leave, health care, maternal and childcare benefits, and fiineral expenses. Deductions
from payrolls to cover these benefits are transferred directly to the Federation,
raising uncertainty as to how or whether members of independent unions would be
covered.
Strikes are not prohibited by law, but no strikes occurred in 1992. Disputes over
working conditions or other grievances were resolved through negotiations among
the trade union, government, and management (whidi represents, invariably, a
state-owned enterprise).
b. The Right to Organize and Bargain Collectively
Turkmen law does not protect
the right to collective bargaining. T^e Ministry for 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 factory 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, the association of both the trade union and the enterprise with the Government
seriously limits the workers' ability to bargain. The Turkmen economy remains
almost entirely state controlled, and while the Grovemment has passed laws
facilitating privatization, little progress towards that end has been made. There are
no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution specifically prohibits
forced labor. No incidents of compulsory labor were reported in 1992. Formally,
the Government no longer requires students to pick cotton at minimal rates
of pay during the annual harvest.
d. Minimum Age for Employment of Children
The minimum age for employment
of children is 16; in a few heavy industries it is 18. The law prohibits children aged
16 through 18 from working more than 6 hours per day (the normal workday is 8
hours). Fifteen-year-old children may work only with the permission of the trade
union and parents; this rarely is granted. Such children are permitted to work only
4 to 6 hours per day. Violations of child labor laws occur in rural areas during the
cotton harvesting season, when enterprises regularly take teenagers away from
school and sometimes employ children less than 10 years of age to help with the
harvest.
e. Acceptable Conditions of Work
In January the Government set the national
minimum wage for Turkmenistan and subsequently raised it on July 1 and again
on October 1. The Ministry of Economics and Finance reviews a market basket of
commodities quarterly to adjust the minimum wage to prevailing prices. Despite low
rents and other subsidies, the minimum wage is inadequate to support the needs
of an average family, given rising prices for food, clothing, and other basic commodities.
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.
Agricultural workers in particular are subjected to ecological health hazards. TTie
Government recognizes these problems exist but has not moved effectively to deal
with them.
