39/3 Report of the Working Group on the Universal Periodic Review - Turkmenistan

GE.18-11210(E)



Human Rights Council Thirty-ninth session

10–28 September 2018

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Turkmenistan

* The annex is being circulated without formal editing, in the language of submission only.

United Nations A/HRC/39/3

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its thirtieth session from 7 to 18 May 2018.

The review of Turkmenistan was held at the 1st meeting, on 7 May 2018. The delegation of

Turkmenistan was headed by the Deputy Minister for Foreign Affairs of Turkmenistan,

Vepa Hajyyev. At its 10th meeting, held on 11 May 2018, the Working Group adopted the

report on Turkmenistan.

2. On 10 January 2018, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Turkmenistan: Burundi, Croatia and Pakistan.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Turkmenistan:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/30/TKM/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/30/TKM/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/30/TKM/3).

4. A list of questions prepared in advance by Belgium, Brazil, Germany, Liechtenstein,

Portugal, Slovenia, Spain, Sweden, Switzerland, the United Kingdom of Great Britain and

Northern Ireland and the United States of America was transmitted to Turkmenistan

through the troika. These questions are available on the website of the universal periodic

review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The head of the delegation of Turkmenistan expressed confidence that a constructive

dialogue in the working group would help to achieve further progress in the implementation

of the rights and fundamental freedoms of citizens of Turkmenistan.

6. During the reporting period, Turkmenistan had engaged in a dialogue with the

Committee on the Rights of Persons with Disabilities, the Committee on the Elimination of

Racial Discrimination, the Human Rights Committee and the Committee against Torture.

Subsequently, the Government had started to follow up on the concluding observations

received from those Committees.

7. A series of efforts had been made to improve domestic legislation to bring it into

line with international human rights standards. In 2016, Turkmenistan had adopted a new

Constitution with an expanded section on human rights and fundamental freedoms. The

Constitution placed a strong emphasis on the universally accepted norms of international

law. The Government had focused its efforts on ensuring the implementation of the

provisions of international treaties at the national level.

8. The Constitution had introduced the institution of the Commissioner for Human

Rights (Ombudsperson). Subsequently, Parliament had adopted the Ombudsperson Act in

2016, which had established the mandate and functions of the Ombudsperson. The Law had

been drafted in cooperation with relevant international experts, including from the United

Nations, the European Union and the Organization for Security and Cooperation in Europe

(OSCE). It had come into force in January 2017 and the Ombudsperson had been elected in

March 2017. In April 2018, the Ombudsperson had submitted its first annual report.

9. The Government had adopted the National Action Plan on Gender Equality in

Turkmenistan for the period 2015–2020, the National Action Plan on Human Rights in

Turkmenistan for the period 2016–2020 and the National Action Plan against Trafficking in

Persons for the period 2016–2018.

10. The delegation reported on the implementation of a number of recommendations

from the second review cycle. Turkmenistan had taken measures to strengthen cooperation

with the international human rights mechanisms. The Government had carried out several

initiatives within the Human Rights Council, including co-sponsoring the Council’s

resolutions on gender equality and mainstreaming a gender perspective into the

implementation of the 2030 Agenda for Sustainable Development and on the realization of

human rights through sport. The Government had been planning a visit by the Special

Rapporteur in the field of cultural rights in the coming years. The authorities had held

meetings with the Working Group on Enforced or Involuntary Disappearances to exchange

views on selected cases and discuss further mutual cooperation.

11. The authorities had cooperated with the relevant international organizations,

including the International Labour Organization (ILO), on issues of forced labour. Some

high-level officials of ILO had visited Turkmenistan to provide advice and technical

assistance on the issues of ratification of new conventions and on the implementation of

those conventions that had been already ratified by Turkmenistan.

12. The delegation reported on some measures that had been taken to implement the

Sustainable Development Goals. The authorities, in cooperation with the United Nations

country team in Turkmenistan had developed a three-stage plan on how to incorporate those

goals and relevant targets at the national level. As a result of those efforts, the President had

adopted a national action plan on the implementation of the Sustainable Development

Goals in Turkmenistan. In addition, a high-level national committee and interdepartmental

committee on technical matters of the implementation of the goals had been established.

13. Since its second universal periodic review, Turkmenistan had acceded to a number

of international treaties, including the Paris Agreement under the United Nations

Framework Convention on Climate Change, the Berne Convention for the Protection of

Literary and Artistic Works, the Seafarers’ Identity Documents Convention, 2003 (No. 185)

and the Convention for the Protection of Cultural Property in the Event of Armed Conflict

and the 1954 and 1999 Protocols thereto.

14. National experts had examined the question of accession to other international

treaties, including the Rome Statute of the International Criminal Court, the International

Convention for the Protection of All Persons from Enforced Disappearance, the Optional

Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment, the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights, the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families and the Convention against

Discrimination in Education.

15. Turkmenistan had adopted in 2016 amendments to the Law on Combating

Trafficking in Persons and the National Action Plan against Trafficking in Persons for the

period 2016–2018. The Government had developed standard operating procedures for the

effective identification of trafficking victims and monitoring mechanisms for the

implementation of the National Action Plan.

16. An anti-corruption law had been adopted in 2014. Subsequently, a State programme

on combating corruption and an action plan for its implementation had been adopted in

2017. The Government had established a State agency on combating economic crimes.

17. Turkmenistan had adopted the Information Protection Act in 2014, which regulated

matters related to the exercise of the right to seek, receive, produce, use and disseminate

information, and also the application of information technologies and the protection of

information. The Act on the Legal Regulation of the Development of the Internet and the

Provision of Internet Services in Turkmenistan had been adopted in 2014. The delegation

provided detailed information to demonstrate an increase in Internet access and the use of

modern communication technologies by the general population. It noted that no Internet

access restrictions had been identified, including on publishing information on local and

foreign websites.

18. The delegation responded to a statement claiming there had been a ban on several

thousand individuals, stating that such an assertion was incorrect and that restrictions

exercised on exiting the country had been carried out in line with national legislation and in

the interest of public security and the safety of individuals.

19. The delegation explained that the authorities had continued efforts to ensure the

realization of the right to freedom of religion by maintaining regular contact with the

representatives of religious organizations and by organizing meetings to bring together

various religious organizations and churches.

B. Interactive dialogue and responses by the State under review

20. During the interactive dialogue, 74 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

21. The Netherlands welcomed the adoption by Turkmenistan of the National Action

Plan for Gender Equality and the National Action Plan on Human Rights. It remained

concerned about the continued pressure on human rights defenders and the media.

22. Nigeria commended Turkmenistan for its enactment of the Trafficking in Persons

Act 2016 and for its efforts to combat trafficking in person, to ensure equality and non-

discrimination, to promote religious tolerance among its population and to strengthen the

legal framework to bring it into compliance with international human rights standards.

23. Norway welcomed the participation of Turkmenistan in the universal periodic

review. It remained concerned about the human rights situation in the country.

24. Paraguay recognized the important work done by the Interdepartmental Commission

on Compliance with the International Obligations Undertaken by Turkmenistan in the Field

of Human Rights and International Humanitarian Law, which served as a platform for

follow-up to the recommendations received from various human rights bodies.

25. The Philippines congratulated Turkmenistan for the adoption in 2016 of its new

Constitution, including new articles safeguarding civil rights and fundamental freedoms. It

commended Turkmenistan for having ratified several human rights treaties and for its work

in fighting trafficking in persons.

26. Poland welcomed the adoption of the 2016 Ombudsperson Act, which had

established the rights, duties and authority of the Ombudsperson. It noted that the

Ombudsperson should act independently and be granted with an adequate budget.

27. Portugal welcomed the adoption of the new Constitution and the fact that it included

a new section on human rights and fundamental freedoms. It noted with appreciation the

adoption of the national action plans on human rights, on gender equality and on combating

trafficking in persons.

28. Qatar welcomed the report of Turkmenistan regarding the implementation of the

recommendations received in the second cycle of the universal periodic review. It

welcomed the adoption of the National Action Plan on Gender Equality and the National

Action Plan against Trafficking in Persons.

29. The Republic of Korea noted the adoption of the National Action Plan on Human

Rights and the strengthened human rights protections contained in the new Constitution,

adopted in 2016. It also noted the active cooperation of Turkmenistan with the human rights

treaty bodies.

30. The Republic of Moldova welcomed the adoption of national action plans on gender

equality, on human rights and on combating trafficking in persons. It encouraged the

Government to consolidate measures for the effective implementation of the above-

mentioned policies. It noted concerns expressed about the underrepresentation of women in

public and private sectors.

31. The Russian Federation noted with appreciation the new provisions on the Office of

the Ombudsperson in the new Constitution and reforms that had been made in the health

sector. It noted the adoption of the State Guarantees of Equal Rights and Opportunities for

Women and Men Act and a programme for enhancing the employment sector and creating

new jobs for the period up to 2020, as well as the action plan for its implementation.

32. Saudi Arabia noted efforts to improve further the cooperation with the United

Nations, especially with the United Nations Children’s Fund (UNICEF) for the period

2016–2020.

33. Senegal praised Turkmenistan for its ratification of a number of international

instruments and its adoption in 2016 of a new Constitution, which focused on the

multiparty political system and respect for human rights.

34. Serbia encouraged the Government to improve its cooperation with the human rights

mechanism of the United Nations. It welcomed the establishment of the Office of the

Ombudsperson and the adoption of numerous laws that complied with the relevant human

rights treaties.

35. Slovakia noted with appreciation the adoption of the national action plans on human

rights, on gender equality and on combating trafficking in persons. It noted the adoption in

2016 of a new Constitution, which included a section on human rights but also provided for

limitations of those rights made by law.

36. Slovenia welcomed the establishment of the Office of the Ombudsperson and

encouraged Turkmenistan to ensure its compliance with the principles relating to the status

of national institutions for the promotion and protection of human rights (the Paris

Principles). It expressed concern at the human rights situation in the Turkmenistan, in

particular allegations involving enforced disappearances and torture, and restrictions to the

enjoyment of freedom of movement and expression.

37. Spain welcomed with satisfaction the establishment of the Office of the

Ombudsperson and the adoption of the National Action Plan on Human Rights and the

National Action Plan against Trafficking in Persons. It was concerned at the high number of

allegations of torture and ill-treatment against detainees in Turkmenistan.

38. Sweden stated that the enforced disappearance of prisoners had continued and

remained systemic.

39. Switzerland deplored that the human rights situation in Turkmenistan had not

improved since the previous review. The visits of several special procedure mandate

holders had been on pending for a long time. Switzerland remained particularly concerned

at the incarceration rate and the conditions of detention in Turkmenistan.

40. Tajikistan noted the progress that had been made in Turkmenistan in the area of

human and the establishment of the institution of the Commissioner for Human Rights.

41. Togo congratulated Turkmenistan for the progress it had made since the second

review in reforming the national human rights system, in particular the adoption in 2016 of

a new Constitution, which included new provisions on human rights. It encouraged

Turkmenistan to continue those efforts with a view to improving the human rights situation

in the country.

42. Ukraine noted the efforts undertaken by Turkmenistan to improve the institutional

and legislative framework for human rights, including the ratification of several

international treaties, the adoption of the national action plans on human rights, on gender

equality and on combating trafficking in persons, as well as the adoption of the law on the

Office of the Ombudsperson.

43. The United Kingdom remained concerned by allegations of torture, incommunicado

detentions and restrictions on access to justice and access to information in Turkmenistan.

It was also concerned by restrictions on the rights to freedom of movement, expression,

association and religion or belief and the use of forced labour to harvest cotton.

44. The United States of America appreciated the efforts Turkmenistan had made to

protect conscientious objectors and improve prison conditions. However, it was concerned

at the reported use of excessive force by security forces, undue restrictions placed on the

exercise of the rights to freedom of expression, religion and movement, and at harsh prison

conditions. It urged Turkmenistan to allow all individuals to exercise their right to freedom

of expression.

45. Uruguay welcomed the measures Turkmenistan had implemented since its second

review, in particular the adoption of the National Action Plan on Human Rights and

measures for gender equality and the empowerment of women.

46. Uzbekistan welcomed the legal reforms in Turkmenistan and its adoption of laws

aimed at strengthening the national human rights protection system. It noted the fact that

Turkmenistan accorded particular attention to economic, social and cultural rights and the

protection of the rights of children and women.

47. The Bolivarian Republic of Venezuela commended Turkmenistan for its social

programmes for all, its commitment aimed to promote gender equality and the

incorporation of the establishment of a national human rights institution in the Constitution.

48. Yemen welcomed the report of Turkmenistan regarding the implementation of the

recommendations received in the previous universal periodic review. It commended

Turkmenistan for its important efforts aimed at improving the human rights situation in the

country.

49. Afghanistan noted the efforts of Turkmenistan in reforming its national system for

the protection of human rights. It commended Turkmenistan for having submitted periodic

reports to the human rights bodies, particularly the Human Rights Committee.

50. Algeria commended Turkmenistan for having ratified several international treaties.

It noted with satisfaction the adoption in 2016 of the new Constitution, which included

guarantees for human rights in compliance with international human rights law.

51. Argentina congratulated Turkmenistan for the adoption in 2016 of its new

Constitution and for the establishment of a national human rights institution. It noted the

effort of Turkmenistan aimed at improving the national legislation related to hate crimes.

52. Armenia welcomed the adoption of the National Action Plan on Human Rights, the

National Action Plan against Trafficking in Persons and the National Action Plan on

Gender Equality. It encouraged Turkmenistan to strengthen the promotion and protection of

human rights and to ratify human rights instruments.

53. Australia appreciated the steps Turkmenistan had taken aimed at establishing a

national human rights institution through the Office of the Ombudsperson. It was concerned

that civil and political rights were restricted in practice. It welcomed the introduction of a

prison reform programme.

54. Austria welcomed an increase in number of projects Turkmenistan had undertaken

with OSCE and the measures it had adopted to improve the legal and institutional

framework. It noted that incommunicado detentions had recently been reported and asked

Turkmenistan to give an update on its intentions to invite independent authorities, including

international monitors, to visit prisons.

55. Azerbaijan praised Turkmenistan for its commitment to the universal periodic

review and its active engagement with the human rights treaty bodies. It noted with

appreciation the measures it had taken to promote gender equality in public administration.

56. Bangladesh commended Turkmenistan for having adopted in 2016 a new

Constitution, with a focus on safeguarding human rights in line with its international human

rights obligations. It also noted its adoption of laws and policy measures to combat

corruption and human trafficking and those related to the education, housing and health

sectors.

57. Belarus welcomed the adoption by Turkmenistan of a number of policy documents

to ensure a holistic approach to the protection of human rights, including the National

Action Plan on Human Rights and the National Action Plan on Gender Equality. It noted

the efforts Turkmenistan had made to combat human trafficking, including the

implementation of the National Action Plan against Trafficking in Persons.

58. The delegation of Turkmenistan, referring to cooperation with special procedure

mandate holders, noted that dialogue had been held with some mandate holders in 2017 and

2018. The Government had provided required information to the Working Group on

Enforced or Involuntary Disappearances related to pending cases. The Special Rapporteur

in the field of cultural rights had responded positively to the Government’s intention to

welcome a visit to Turkmenistan in the period 2018–2019.

59. In December 2017, the Deputy Foreign Minister had met with a regional

representative of OHCHR to discuss on how to intensify further the cooperation with

OHCHR on promoting human rights.

60. The new Constitution had provided equal rights and opportunities to women and

men. A law adopted in 2015 had established further measures to ensure gender equality. In

total, 24 per cent of all decision-making posts were held by women. Women had accounted

for 25 per cent of total members of Parliament elected in 2018, and the Speaker of

Parliament was also a woman.

61. The strategic tasks set out in the National Plan of Action on Gender Equality for the

period 2015–2020 were directly geared to the realization of the Sustainable Development

Goals, especially Goal 5 to achieve gender equality and empower all women and girls. One

of the goals of the Plan was to change and eradicate stereotypes leading to discrimination

against women, through public awareness-raising campaigns, as well as training for and

workshop discussions among various professional groups. A nationwide media campaign

had been launched to raise the awareness of society of gender equality and the provisions of

the Convention on the Elimination of All Forms of Discrimination against Women and

other relevant legislation. Gender equality had been included in a training programme for

civil servants, targeting mid-level officials.

62. A national action plan on the rights of the child was being developed by the

Interdepartmental Commission with expert input from UNICEF. The plan had been

developed based on recommendations of the Committee on the Rights of the Child and the

Committee on the Rights of Persons with Disabilities. It also included measures to address

child labour, in line with the recommendations of ILO.

63. The new Constitution contained a provision on the prevention of forced labour and

the worst forms of child labour. The Government had not received any complaints on

forced labour. It continued its cooperation with experts of ILO. The amendments to the

relevant legislation had been made to raise the minimum employment age from 16 to 18.

Turkmenistan envisaged developing indicators relating to target 8.7 of the Sustainable

Development Goals to eradicate forced labour, end modern slavery and human trafficking

and secure the prohibition and elimination of the worst forms of child labour.

64. Access to drinking water had improved as a result of the efforts made under the

general programme for the supply of clean drinking water to population centres for the

period up to 2020, under the close monitoring of the Ministry of Health and the medical

industry. According to 2016 data, the proportion of the population living in households

using improved drinking water sources was 83 per cent. Such access was almost universal

in urban areas, at 98 per cent, while the proportion in rural areas was 73 per cent. The

proportion of the population that had access to improved sanitation was consistently high,

at 99 per cent.

65. The Ministry of Labour and Social Protection was actively implementing the

programme to improve the employment of persons with disabilities. The Ministry had

established a quota for the employment of persons with disabilities as well as for families

with children with disabilities. In 2016, the President had adopted a decree containing a

plan of action for the period 2017–2020 to ensure the full realization of the right to work for

persons with disabilities. According to figures from the State pension fund, the employment

of persons with disabilities had increased.

66. Non-governmental organizations (NGOs) had taken an active participation in the

development and implementation of a number of national action plans, including on health,

human rights and gender equality. A new law on NGOs had been adopted in 2014, under

which foreign citizens or non-citizens could be founding members. The 2017 law on charity

activities permitted donors to carry out charity activity individually or through the

establishment of charity foundations.

67. A new law on freedom of religion and religious organizations had been adopted in

2016 to define the requirement for the establishment and functioning of religious

communities and organizations. The law defined instances when an organization could be

closed by a court decision. Eight new religious organizations had been registered since

2016. No complaints had been registered on the violation of the right to freedom of religion

or belief.

68. Belgium welcomed the establishment of the Commissioner for Human Rights. It

expressed concern about the persistence of gender violence and about conditions in

detention facilities, particularly the use of torture. It emphasized that civil society played an

important role in ensuring human rights.

69. Brazil commended Turkmenistan for the adoption in 2016 of the Constitution with

strengthened provisions on human rights, the establishment of the position of the

Commissioner for Human Rights and the adoption of national action plans on human rights,

on gender equality and on combating human trafficking. It encouraged Turkmenistan to

align its law on citizenship with international standards on statelessness.

70. Bulgaria acknowledged the adoption of the new Constitution and national action

plans on human rights, on gender equality and on combating human trafficking. It

encouraged Turkmenistan to effectively implement new policies and to ensure

independence of the newly established Commissioner for Human Rights.

71. Burundi welcomed measures taken by Turkmenistan to improve the human rights

situation in the country, including by establishing the Commissioner for Human Rights and

adopting the National Action Plan on Human Rights. It also welcomed efforts to ensure the

full realization of the rights of persons with disabilities, including in access to employment

and to education.

72. Canada encouraged Turkmenistan to strengthen protections for civil society and

women and to combat enforced disappearances. It expressed concern about difficulties

faced by civil society in operating effectively due to legal restrictions.

73. Chile noted the establishment of the Office of the Ombudsperson, the adoption in

2016 of a new Constitution and the National Action Plan on Gender Equality. With

reference to a recommendation it had made in the previous cycle, Chile was concerned at

the lack of progress in ensuring the right to freedom of expression.

74. China noted that Turkmenistan was committed to the achievement of sustainable

development and the improvement of the living standards of its people. Turkmenistan had

also made progress in the fields of the rule of law, protecting the rights of women and

children and persons with disabilities and combating trafficking in human beings.

75. Cuba noted the efforts of Turkmenistan in strengthening its democratic principles

and legal framework, developing civil society and ensuring the realization of economic and

social rights.

76. Czechia appreciated the adoption of the National Action Plan on Gender Equality

for the period 2015–2020, the National Action Plan on Human Rights for the period 2016–

2020 and the Ombudsperson Act. It encouraged Turkmenistan to translate those Plans into

concrete improvements in practice.

77. The Democratic People’s Republic of Korea noted the accession by Turkmenistan to

additional international instruments during the reporting period and measures it had taken

to strengthen its human rights legal framework and institutional capacity and to improve the

quality of life and education.

78. Denmark noted that Turkmenistan had accepted a recommendation to ratify the

Optional Protocol to the Convention against Torture during the second universal periodic

review and stressed that the dialogue with the Subcommittee on Prevention of Torture

remained highly valuable to all States working to prevent torture and ill-treatment.

79. Djibouti commended Turkmenistan for its adoption in 2016 of a new Constitution

that introduced the multiparty system, integrated many provisions of international treaties

to which Turkmenistan was a party and enshrined the rights and freedoms of citizens.

80. Egypt welcomed new constitutional provisions protecting fundamental rights and

freedoms plus amendments to domestic legislation guaranteeing respect for human rights

standards. It further expressed appreciation for the National Action Plan for Gender

Equality for the period 2015–2020.

81. Estonia encouraged Turkmenistan to accept and facilitate the requested visits by

special procedure mandate holders and extend an open invitation to all of them to visit the

country. It remained concerned about laws and practices that restricted the rights to

freedom of opinion and expression, including restrictions on Internet access and online

content.

82. France regretted that institutional changes like the establishment of the

Ombudsperson had remained without effect since 2013. Moreover, the elections of 25

March did not seem to indicate any improvement in terms of democracy.

83. Georgia welcomed the strengthening of national human rights institutions through

the establishment of the position of Commissioner for Human Rights, in line with the

recommendations of the second universal periodic review. It noted the accession of

Turkmenistan to a number of international treaties, including the Paris Agreement.

84. Germany welcomed the adoption of national action plans on human rights, on

gender equality and on combating human trafficking. It remained concerned about the

continuing deterioration regarding freedom of expression. It condemned the persistent use

of torture and ill-treatment in prisons and the many enforced disappearances.

85. Greece noted with appreciation a number of legal measures taken to promote human

rights, including the new Constitution, adopted in 2016, the adoption of national action

plans on human rights, on gender equality and on combating against violence, as well as

amendments to the Criminal Code introducing a definition of torture.

86. Honduras noted the inclusion of a section of human rights in the new Constitution,

adopted in 2016, and the establishment of the position of the Commissioner for Human

Rights.

87. Iceland welcomed the Constitutional provision recognizing equal rights for women

and men but expressed concerns about continued underrepresentation of women in the

public and private sectors and the criminalization of sexual relations between consenting

adults of the same sex.

88. India noted with appreciation the adoption of the national action plans on human

rights, on gender equality and on combating human trafficking, the establishment of the

institution of the Commissioner for Human Rights and the constitutional provisions

guaranteeing social security for persons with disabilities.

89. Indonesia commended Turkmenistan for the adoption in 2016 of the Ombudsman

Act. It noted the National Action Plan on Human Rights in Turkmenistan for the period

2016–2020 and National Action Plan against Trafficking in Persons for the period 2016–

2018 and expressed its hope that those action plans would contribute to improvement of the

human rights situation.

90. The Islamic Republic of Iran commended the Government for the adoption and

implementation of the National Socioeconomic Development Programme for the period

2011–2030, the revised National Presidential Programme on the Improvement of Social and

Living Conditions and the Presidential Programme on Socioeconomic Development for the

period 2018–2024.

91. Iraq commended the Government for the adoption of the National Action Plan on

Human Rights for the period 2016–2020, and the submission of reports to various treaty

bodies, which had demonstrated the country’s commitment to the respect of human rights.

92. Ireland encouraged Turkmenistan to ensure an effective and independent functioning

of the Office of the Ombudsperson, in accordance with the Paris Principles. It noted that,

although the National Action Plan on Human Rights included commitments to receiving

visits by special procedure mandate holders, no such visits had taken place yet. It remained

concerned about restrictions on freedom of association.

93. Italy commended Turkmenistan on the establishment of the Office of the

Ombudsperson and the adoption of the national action plans on human rights, on gender

equality and on combating trafficking in persons.

94. Kazakhstan expressed hope that the national action plans on human rights, on gender

equality and on combating human trafficking would contribute to the improvement of

human rights situation in the country. It noted with appreciation the establishment of the

position of Commissioner for Human Rights and the engagement of Turkmenistan with the

United Nations human rights treaty bodies.

95. Kyrgyzstan noted the extended list of human rights in the new Constitution and the

efforts that had been made to protect the rights of women and eliminate the worst form of

child labour.

96. The Lao People’s Democratic Republic commended Turkmenistan on the adoption

of the National Action Plan on Gender Equality for the period 2015–2020 and the National

Action Plan on Human Rights for the period 2016–2020.

97. Latvia noted measures that had been taken by the Government and encouraged it to

take further efforts in fulfilling human rights obligations.

98. Malaysia commended Turkmenistan on its efforts directed at socioeconomic

development. It noted measures that had been taken by the Government to raise the

awareness of government officials, young people, local authorities, law enforcement bodies

and other relevant stakeholders in the field of human rights by holding regular talks,

meetings and round-table discussions.

99. Maldives commended Turkmenistan for its implementation of the Optional Protocol

to the Convention on the Rights of the Child on the involvement of children in armed

conflict and for adopting the State Guarantees of Equal Rights and Equal Opportunities for

Women and Men Act.

100. Mexico commended Turkmenistan for the adoption in 2016 of the new Constitution,

which included human rights provisions. It called upon the Government to ensure full

compliance of the institution of the Commissioner for Human Rights with the Paris

Principles. It also noted measures that had been taken to ensure gender equality.

101. Montenegro called upon the Government to ratify the Optional Protocol to the

Convention against Torture and to improve cooperation with the special procedures. It

encouraged the Government to take additional measures to ensure the independence and

effectiveness of the national human rights institution in accordance with Paris Principles.

102. Morocco welcomed the adoption in 2016 of the new constitution and the adoption of

the Ombudsperson Act. It welcomed the Government’s efforts to protect and promote

human rights.

103. Nepal noted the adoption in 2016 of the Ombudsperson Act, which enabled the

establishment of the Commissioner for Human Rights. It believed that strengthening that

institution and implementing the National Action Plan on Human Rights and the National

Action Plan against Trafficking in Persons would enhance the protection and promotion of

human rights.

104. Oman noted of the achievements Turkmenistan had made in all areas of human

rights. It welcomed the adoption of the new Constitution, which included a section on

human rights.

105. The delegation of Turkmenistan stated that the Government had cooperated with the

International Committee of the Red Cross (ICRC) and OSCE on the access of international

organizations to places of detention. Representatives of ICRC and of diplomatic missions

and intergovernmental organizations, including the United Nations, had carried out visits to

penitentiary institutions.

106. The delegation reported on various measures that had been taken to improve

conditions of detention, including prison cells and sanitary and hygiene facilities, and bring

them into line with relevant standards and to protect the health of persons deprived of

liberty. Turkmenistan has allocated more than $67 million for construction work and repairs

to facilities in the prison system and for the acquisition of medical equipment in the period

2011–2017. Following the adoption in 2011 of the Penal Enforcement Code, the laws and

regulations of the Ministry of Internal Affairs had been revised to bring them into line with

the Code.

107. On the subject of enforced disappearances and unlawful detention, such

imprisonments had in fact been carried out on the basis of the court judgments by which

individuals had been found guilty of committing criminal offences under domestic

legislation. Such imprisonments could not be described as enforced or as involuntary

disappearance, as the individuals in question had regular contact with their family

members.

108. Courts had not recorded any complaints or instances of torture or ill-treatment since

the amendment to the Criminal Code had been introduced in 2012 to incorporate an article

criminalizing torture. The Ministry of the Interior had introduced measures to prevent

torture or inhuman treatment in penitentiary institutions.

109. The right to freedom of movement, including the right to leave the country, has been

enshrined in the new Constitution and protected by national laws. The temporary

restrictions on the right of citizens to freedom of movement had been introduced under the

provisions of relevant laws in order to protect national security and public order, and to

ensure the safety and health of citizens.

110. The State Guarantees of Equal Rights and Equal Opportunities for Women and Men

Act had introduced protection measures against harassment, sexual violence, abduction and

trafficking of women and men. There was no specific offence of domestic violence in

domestic legislation. However, domestic legislation criminalized acts that harmed the

dignity and physical integrity of all individuals, including women, as well as acts of

humiliation or cruelty and acts that inflicted various types of bodily injury. One of the

objectives of the National Action Plan on Gender Equality in Turkmenistan for the period

2015–2020 had been to examine national legislation in the light of international standards

and best practices and to develop proposals on how to improve further domestic legislation

to effectively prevent domestic violence.

111. Responding to calls for the ratification of human rights instruments, the delegation

explained that Turkmenistan considered it important to carry out preparatory work prior to

such ratifications, by analysing domestic legislation and studying the feasibility of legal

reforms.

112. The delegation did not share the view expressed during the interactive dialogue that

media outlets critical of the Government faced serious restrictions in the country. The

statistics on the use of the Internet and social media indicated that there were no limitations

on the access by the population to the Internet.

113. The delegation thanked the participants of the interactive dialogue for their active

input and reassured them that all of the recommendations that had been put forward would

be examined thoroughly and used to improve further the human rights situation in the

country.

II. Conclusions and/or recommendations

114. The recommendations formulated during the interactive dialogue/listed below

have been examined by Turkmenistan and enjoy the support of Turkmenistan:

114.1 Carry on ratifying international human rights treaties (Azerbaijan);

114.2 Ratify the Convention against Discrimination in Education

(Afghanistan);

114.3 Accelerate its efforts towards acceding and fully implementing the

Convention relating to the Status of Stateless Persons and the Convention on

the Reduction of Statelessness (Philippines);

114.4 Consider extending a standing invitation to the special procedure

mandate holders based on the international commitments assumed by the

Government (Paraguay);

114.5 Extend a standing invitation to the special procedure mandate

holders (Portugal);

114.6 Extend a standing invitation to the human rights special procedure

mandate holders and mechanisms (Honduras);

114.7 Consider strengthening cooperation with the special procedures of

the Human Rights Council, including receiving the visits requested so far as a

first step towards issuing a standing open invitation (Ukraine);

114.8 Continue constructive cooperation with the United Nations human

rights mechanisms (Tajikistan);

114.9 Continue constructive cooperation with international human rights

mechanisms (Cuba);

114.10 Accede to UNESCO (Oman);

114.11 Ensure that the Office of the Ombudsperson complies with the

principles relating to the status of national institutions for the promotion and

protection of human rights (the Paris Principles) (Qatar);

114.12 Take further steps to ensure the effective independence of the Office

of the Ombudsperson in accordance with the Paris Principles and strengthen

its mandate by ensuring that it has the competence to consider complaints and

monitor detention facilities (Republic of Moldova);

114.13 Strengthen the Office of the Ombudsperson to enable its

accreditation as an A-status national human rights institution in line with the

Paris Principles (Australia);

114.14 Guarantee the efficiency and the independence of the national

institution for the protection and promotion of human rights in conformity

with the Paris Principles, and adopt a national plan of action for children

(Spain);

114.15 Build up the status of the national human rights institutions in

accordance with the Paris Principles (Ukraine);

114.16 Continue to strengthen the institution of the Commissioner for

Human Rights (India);

114.17 Continue efforts to ensure the smooth functioning and full

independence of the Commissioner for Human Rights (Ombudsperson), in

accordance with the Paris Principles (Djibouti);

114.18 Continue efforts to strengthen the capacity and independence of its

national human rights institution, namely the Ombudsperson of Turkmenistan

(Indonesia);

114.19 Continue to strengthen the newly constituted national human rights

institution and other relevant mechanisms (Nepal);

114.20 Strengthen the Interdepartmental Commission on Compliance with

the International Obligations Undertaken by Turkmenistan in the Field of

Human Rights and International Humanitarian Law, in order that this

Interdepartmental Commission ensures the follow-up on the implementation of

recommendations received from international bodies (Paraguay);

114.21 Allocate sufficient human and financial resources to sustainably

implement the policies that promote and protect the rights of women and

children (Philippines);

114.22 Continue to implement the national action plans with special

attention to the National Action Plan on Gender Equality for the period 2015–

2020 (Bangladesh);

114.23 Implement the National Action Plan on Gender Equality for the

period 2015–2020 and the National Action Plan on Human Rights for the

period 2016–2020 (Cuba);

114.24 Establish a monitoring mechanism for the National Action Plan on

Gender Equality for the period 2015–2020, the National Action Plan against

Trafficking in Persons for the period 2016–2018 and the National Action Plan

on Human Rights for the period 2016–2020 (Greece);

114.25 Publish swiftly the results of the 2012 national population and

housing census (Uruguay);

114.26 Accelerate the approval and implementation of the national census on

health care and the status of women in the family (Uruguay);

114.27 Continue to bring national human rights legislation into line with

international human rights standards (Azerbaijan);

114.28 Reform the relevant legislation to bring it into line with its obligations

under the International Covenant on Civil and Political Rights, including by

simplifying the legal and procedural requirements for the registration of civil

society organizations and by minimizing reporting obligations to authorities

(Ireland);

114.29 Continue efforts to harmonize national legislation with international

obligations of Turkmenistan (Morocco);

114.30 Protect the constitutional principle of equality of rights and freedoms

of citizens and fulfil the country’s international commitments on gender

equality (Cuba);

114.31 Take further efforts to achieve the Sustainable Development Goals

(Uzbekistan);

114.32 Enhance its efforts to achieve the Sustainable Development Goals

(Egypt);

114.33 Maintain economic development dynamics and reforms with a view

to improving the well-being of the population (Azerbaijan);

114.34 Follow-up and implement the National Socioeconomic Development

Programme for the period 2011–2030 based on a participatory approach that

includes all local stakeholders (Morocco);

114.35 Continue its efforts to promote economic and social sustainable

development to lay a solid foundation for its people to enjoy all human rights

(China);

114.36 Fight against corruption and strengthen the capacity of institutions to

effectively detect such practice, investigate cases of corruption and prosecute

the perpetrators (Algeria);

114.37 Provide information to the families of persons in custody who

previously have been reported as having disappeared, including their current

places of detention and details of custodial sentences (Sweden);

114.38 Introduce domestic violence, including sexual violence and marital

rape, into the Criminal Code as a specific crime, and create an independent

mechanism for receiving victims’ complaints (France);

114.39 Include domestic violence in the Criminal Code as a separate offence

(Kyrgyzstan);

114.40 Continue to take further steps for the strengthening of judicial

system (Tajikistan);

114.41 Establish clear criteria for the appointment, tenure and removal of

judges, as part of national efforts to guarantee the independence of the

judiciary and due process (Mexico);

114.42 Align legislation and legal practices with international standards in

order to ensure fair and effective treatment by the judicial system, especially

for young people (Djibouti);

114.43 Respect the right to a fair trial and revoke prosecutors’ authority to

hold convicted persons indefinitely by a simple written decision even though

they have served their sentences (France);

114.44 Provide access to international monitoring mechanisms in all places

of detention in line with international standards (Belgium);

114.45 Sustain its commitment in the promotion of religious tolerance, as

well as its efforts in upholding human rights and fundamental freedoms

(Nigeria);

114.46 Respect the rights of Christians to exercise their freedom of religion

and belief without fear of imprisonments or other forms of persecutions

(Poland);

114.47 Take further efforts to improve the enjoyment of the right to opinion

and expression (Iraq);

114.48 Continue its efforts in combating trafficking in persons (Nigeria);

114.49 Continue to enhance Turkmenistan’s regulation against human

trafficking (Indonesia);

114.50 Work in partnership with the International Labour Organization to

eliminate forced labour in connection with State-sponsored cotton harvesting

(United Kingdom of Great Britain and Northern Ireland);

114.51 Ensure comprehensive implementation of the programme for

enhancing the employment sector and creating new jobs in Turkmenistan for

the period 2015–2020, as well as the action plan for its implementation, above

all, in order to ensure maximum level of employment for persons with

disabilities (Russian Federation);

114.52 Continue consolidating its social policies, especially in the area of

economic, social and cultural rights, in order to continue to improve the quality

of life of its people (Bolivarian Republic of Venezuela);

114.53 Continue its efforts to protect the rights of women and children and

to provide them social protection (Yemen);

114.54 Take effective measures to eliminate and further prevent violations of

economic, social and cultural rights (Djibouti);

114.55 Increase the ongoing efforts to enhance the population’s living

standards and welfare, so that they pave the way further for human rights

protection (Islamic Republic of Iran);

114.56 Continue its efforts in the promotion and protection of human rights

in the country by strengthening its national policies and programmes with the

aim of further improving the well-being of its people (Malaysia);

114.57 Make additional efforts to provide access to potable water and

adequate sanitary conditions, particularly in rural areas (Serbia);

114.58 Fully implement its programme for the supply of clean drinking

water to the population, and share good experiences in this regard (Democratic

People’s Republic of Korea);

114.59 Continue to further strengthen its efforts to safeguard the right to

health with an enhanced allocation of resources in this area (Bangladesh);

114.60 Continue efforts to promote health care in rural areas (Egypt);

114.61 Continue to strengthen logistical and material provision for health-

care institutions, particularly in rural areas (Belarus);

114.62 Continue efforts to develop infrastructure for health facilities and

maternal and child health-care centres and to implement a strategy for the

development of the production of medicine with the aim at expanding access for

all citizens to quality health care (Saudi Arabia);

114.63 Address the insufficient number of family doctors, nurses and

midwives particularly in rural areas, the lack of medicines and the need to

improve the skills of medical personnel (Serbia);

114.64 Continue to take measures to expand public access to quality services

in health care and education (Uzbekistan);

114.65 Continue efforts to promote access to education, especially in rural

areas (Senegal);

114.66 Continue to adopt positive measures to better protect its people rights

to education, health care and others (China);

114.67 Continue to take appropriate measures for providing quality

education and health care (Democratic People’s Republic of Korea);

114.68 Enhance capacity-building to improve the education and health-care

systems in the country (Islamic Republic of Iran);

114.69 Continue its efforts to promote gender equality, with a particular

focus on positive measures designed to increase women’s participation in public

and political life (Republic of Moldova);

114.70 Abolish gender stereotypes and gender-based discrimination in its

Labour Code (Republic of Korea);

114.71 Continue to promote women’s rights, to ensure that they are fully

respected (Lao People’s Democratic Republic);

114.72 Promote and advance gender equality to counter stereotypes on the

roles and responsibilities of women in the family and society at large through

public awareness, education and training programmes (Iceland);

114.73 Continue assistance and promotion on women’s empowerment in

both the public and private sectors (Lao People’s Democratic Republic);

114.74 Revise provisions in the Labour Code that justify restrictions on

women’s employment opportunities based on gender stereotypes (Iceland);

114.75 Strengthen legislative measures and public policies designed to

promote and protect the rights of women and to facilitate their empowerment

(Bulgaria);

114.76 Strengthen preventive measures for dealing with violence against

women, including by collecting data and raising awareness about gender

equality and women’s rights (Slovenia);

114.77 Accelerate its efforts towards eliminating violence against women,

and consider adopting relevant legislation (Georgia);

114.78 Adopt legislation specifically criminalizing violence against women,

ensure thorough investigations and provide appropriate training to the police,

the judiciary and other relevant stakeholders on how to address such cases

(Canada);

114.79 Take concrete measures to fight gender-based violence, including

within families, such as legislative measures and plans of action following

consultations with civil society (Belgium);

114.80 Adopt a comprehensive law, covering all forms of violence against

women, including a national action plan in this area (Kyrgyzstan);

114.81 Adopt legislation specifically criminalizing violence against women,

particularly domestic and sexual violence, and ensure its effective

implementation (Latvia);

114.82 Adopt a national action plan for children, taking into account the

concluding observations of 2015 of the Committee on the Rights of the Child

(Portugal);

114.83 Continue cooperation with UNICEF to develop a national plan of

action plan on the interest of children (Belarus);

114.84 Adopt a national action plan on the interest of children in

Turkmenistan (Kyrgyzstan);

114.85 Continue its efforts together with UNICEF to improve ways and

means of protecting children’s rights by implementing the programme on the

development of the juvenile justice system (Maldives);

114.86 Strengthen its policy on prevention and combat of child labour, and

on the full guarantee of the rights of child, with special attention to children

without parental care (Tajikistan);

114.87 Introduce a clear ban on the sale of children and on child prostitution

and pornography in the relevant law (Kyrgyzstan);

114.88 Discontinue the practice of temporary placement of children in

institutions and develop and implement a comprehensive deinstitutionalization

strategy (Bulgaria);

114.89 Expand the scope of the curriculum on basic life skills, in order to

comprehensively address issues related to sexuality, protect adolescents from

unwanted pregnancies and sexually transmitted diseases and prepare them for

adult life (Honduras);

114.90 Involve persons with disabilities in the implementation of the plan of

action for the full realization of the rights of persons with disabilities (Qatar);

114.91 Expand programmes and initiatives to eliminate negative stereotypes

and prejudice against persons with disabilities (Maldives);

114.92 Bring existing legislation fully in line with the provisions of the

Convention on the Rights of the Persons with Disabilities (Brazil);

114.93 Harmonize its legislation with the Convention on the Rights of

Persons with Disabilities and in particular consider adopting a social and

human rights-based model for disability (Bulgaria);

114.94 Repeal laws that allow the deprivation of liberty of persons with

disabilities mainly due to their disability and to the potential danger posed by

them (Spain);

114.95 Improve the situation of persons with disabilities (Iraq);

114.96 Develop measures to preserve ethnic, cultural and religious diversity

and strengthen intercultural dialogue in society (Russian Federation);

114.97 Consider the possibility of opening cultural centres in the country for

representatives of non-titular nationalities residing in Turkmenistan in order to

allow them to be able to fulfil their educational and cultural needs

(Kazakhstan);

114.98 Ensure that non-citizens have access to education, housing, health

care, employment and birth registration without discrimination (Algeria).

115. The recommendations formulated during the interactive dialogue/listed below

have been examined by Turkmenistan and have been noted by Turkmenistan:

115.1 Adopt a comprehensive anti-discrimination law (Portugal);

115.2 Adopt a comprehensive anti-discrimination law and ensure adequate

and effective protection against discrimination on any ground (Montenegro);

115.3 Adopt comprehensive anti-discrimination legislation that ensures

adequate and effective protection against all forms of discrimination,

containing a list of all grounds for discrimination, including sexual orientation

and gender identity (Honduras).

116. The following recommendations will be examined by Turkmenistan, which will

provide responses in due time, but no later than the thirty-ninth session of the Human

Rights Council:

116.1 Ratify the international human rights instruments to which it is not

yet party, in particular the Optional Protocol to the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

the International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families, the International Convention for the

Protection of All Persons from Enforced Disappearance, the Convention

against Discrimination in Education and the Rome Statute of the International

Criminal Court (Honduras);

116.2 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Senegal) (Iraq) (Montenegro) (Ukraine)

(Portugal);

116.3 Adhere to the International Convention for the Protection of All

Persons from Enforced Disappearance (Togo);

116.4 Ratify the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (Senegal)

(Burundi) (Denmark) (Greece) (France) (Chile) (Ukraine) (Portugal);

116.5 Ratify the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (Norway)

(Afghanistan);

116.6 Ratify the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment, as previously

recommended (Estonia);

116.7 Ratify the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment, and establish a

prevention system of regular visits to places of detention (Poland);

116.8 Ratify the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment, and establish

an independent mechanism for monitoring of all places of detention

(Australia);

116.9 Accede to the Optional Protocol to the Convention against Torture

and Other Cruel, Inhuman or Degrading Treatment or Punishment, and

establish a national system that independently and regularly monitors and

inspects all places of detention without prior notice (Czechia);

116.10 Ratify the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment and allow full

access of the International Committee of the Red Cross (ICRC) to places of

detention in accordance with ICRC principles (Germany);

116.11 Sign the Optional Protocol to the Convention against Torture,

enabling the independent inspection of prisons and detention centres (United

Kingdom of Great Britain and Northern Ireland);

116.12 Adhere to the Optional Protocol to the Convention against Torture

and other Cruel, Inhuman or Degrading Treatment or Punishment (Togo);

116.13 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Portugal) (Ukraine);

116.14 Sign and ratify the International Convention for the Protection of All

Persons from Enforced Disappearance, the Optional Protocol to the

International Covenant on Economic, Social and Cultural Rights and the

Optional Protocol to the Convention on the Rights of the Child on a

communications procedure (Slovakia);

116.15 Intensify internal examinations related to the accession to the

Optional Protocol to the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment and to the Optional Protocol

to the Convention on the Rights of the Child on a communications procedure

(Georgia);

116.16 Consider ratifying the International Convention on the Protection of

the Rights of all Migrant Workers and Members of Their Families (Indonesia)

(Philippines);

116.17 Consider ratifying the ILO Domestic Workers Convention, 2011 (No.

189) (Philippines);

116.18 Ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169)

of the International Labour Organization (Denmark);

116.19 Ratify the Convention on the Prevention and Punishment of the

Crime of Genocide (Armenia);

116.20 Ratify the Rome Statute of the International Criminal Court

(Republic of Korea) (Austria);

116.21 Ratify the Rome Statute of the International Criminal Court and the

Agreement on the Privileges and Immunities of the International Criminal

Court, as previously recommended (Estonia);

116.22 Continue the efforts to adhere to the Rome Statute, which established

the International Criminal Court (Paraguay);

116.23 Ratify the Rome Statute of the International Criminal Court and

fully align national legislation with all obligations under the Rome Statute, as

previously recommended (Latvia);

116.24 Accept the authority of the Committee against Torture to receive and

examine individual communications and sign the Optional Protocol to the

Convention against Torture and Other Cruel, Inhuman and Degrading

Treatment or Punishment (Spain);

116.25 Consider extending a standing invitation to the special procedure

mandate holders of the Human Rights Council, as well as the ratification of the

Rome Statute, the International Convention for the Protection of All Persons

from Enforced Disappearance, the Convention on the Prevention and

Punishment of the Crime of Genocide and the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Uruguay);

116.26 Facilitate a visit by the United Nations Special Rapporteur on torture

and other cruel, inhuman or degrading treatment or punishment and the

Working Group on Arbitrary Detention (Norway);

116.27 Collaborate with special procedure mandate holders, namely the

Special Rapporteur on torture, the Working Group on Arbitrary Detention, as

well as the Working Group on Enforced Disappearances, welcoming them,

when requested, in the country (Switzerland);

116.28 Develop a schedule of visits of all United Nations special procedure

mandate holders who have asked to visit the country and take measures to

facilitate such visits (Chile);

116.29 Authorize the Special Rapporteurs of the Human Rights Council to

visit Turkmenistan, in accordance with the National Action Plan on Human

Rights for the period 2016–2020 (France);

116.30 Permit visits from all United Nations special procedure mandate

holders who have requested to visit the country (Ireland);

116.31 Allow the United Nations special procedure mandate holders to visit

the country (Italy);

116.32 Cooperate fully with the United Nations, to facilitate all pending

requests for visits by the Human Rights Council’s special procedure mandate

holders and to respond favourably and constructively to the views of the

Human Rights Committee (Austria);

116.33 Respond positively to pending visit requests by the special procedure

mandate holders of the Human Rights Council and consider the extension of a

standing invitation to all mandate holders, as previously recommended

(Latvia);

116.34 Strengthen cooperation with the United Nations human rights

mechanisms, and issue a standing invitation to all special procedure mandate

holders (Czechia);

116.35 Eliminate, in law and in practice, all forms of discrimination,

including those based on sexual orientation or gender identity (Czechia);

116.36 Take measures to fight all forms of discrimination, including when

based on sexual orientation (Italy);

116.37 Consider the adoption of a general law against discrimination based

on gender, race, nationality, sexual orientation and gender identity, or any

other form of intolerance (Uruguay);

116.38 Decriminalize sexual relations between consenting adults of the same

sex (Iceland);

116.39 Decriminalize consensual sexual relations between people of the same

sex and put an end to the stigmatization of homosexuality, bisexuality,

intersexuality and transsexuality (Uruguay);

116.40 Ensure that no form of discrimination or violence against persons

based on their sexual orientation or gender identity is tolerated and that all

such cases are properly investigated and sanctioned (Iceland);

116.41 Take the necessary measures to establish, in its national legislation, a

comprehensive legal framework of adequate and effective protection against all

forms of discrimination, including discrimination based on sexual orientation

and gender identity, and also repeal the criminalization of consensual sexual

relations between consenting adults of the same sex (Argentina);

116.42 Investigate and hold accountable officials suspected of committing

torture or other serious human rights violations or abuses (United States of

America);

116.43 Intensify efforts to combat cases of torture and forced disappearances

(Italy);

116.44 Study a possibility of establishing a national preventive mechanism to

prevent torture (Kazakhstan);

116.45 Investigate promptly, thoroughly and impartially all allegations of

arbitrary detention, torture and ill-treatment, and — to this end — establish an

independent, accessible and effective complaints mechanism for all places of

detention (Canada);

116.46 Put an end to the practice of arbitrary and incommunicado detention

and forced disappearance, and provide information on the whereabouts of all

people who have disappeared in prison (Chile);

116.47 Abolish incommunicado detention, and ensure prompt, impartial and

thorough investigation into all cases of alleged disappearances (Czechia);

116.48 End the practice of enforced disappearances and ensure that

following prompt, thorough and impartial investigations perpetrators are

brought to justice, and provide effective remedies to victims and their families,

including reparations (Canada);

116.49 Tackle the issue of enforced disappearances, by, inter alia, acceding

to the International Convention for the Protection of All Persons from

Enforced Disappearance (Netherlands);

116.50 Respect its international commitments on enforced disappearance,

and become a party to the International Convention for the Protection of All

Persons from Enforced Disappearance (France);

116.51 Investigate and sanction all reported cases of enforced

disappearances and ratify the International Convention for the Protection of

All Persons from Enforced Disappearance (Argentina);

116.52 Investigate the allegations of enforced disappearances, arbitrary

detention as well as torture, ill-treatment and holding individuals

incommunicado in prisons (Poland);

116.53 Allow unhindered access to enforced disappeared persons by

international monitoring bodies, including United Nations representatives and

the special procedure mandate holders, and provide information on their

whereabouts (Norway);

116.54 Provide those who are imprisoned, including in the Ovodan-Depe and

Seydi prisons, access to independent inspectors and other visitors and permit

those visitors to conduct private and fully confidential interviews with

prisoners, consistent with the United Nations Standard Minimum Rules for the

Treatment of Prisoners (United States of America);

116.55 Inform relatives and the public about the whereabouts of all persons

who have been under arrest and whose fate is currently unknown, and ensure

access to lawyers of their choice (Germany);

116.56 Grant independent international mechanisms full access to all places

of detention, thoroughly investigate allegations of enforced disappearances and

torture and improve detention conditions in line with the international

standards (Austria);

116.57 Improve the conditions of detention, in line with international norms

and rules, namely the United Nations Standard Minimum Rules for the

Treatment of Prisoners (the Nelson Mandela rules) (Switzerland);

116.58 Establish a system of regular and independent monitoring of places

of detention, and facilitate effective monitoring by independent organizations

(Estonia);

116.59 Adopt the necessary measures in order to recognize the right to

conscientious objection to compulsory military service (Argentina);

116.60 Take concrete measures to protect and respect individuals’ rights to

exercise freedom of religion or belief and freedom of expression, including on

the Internet, social media and in traditional media, including by preventing

harassment of journalists operating in the country (United Kingdom of Great

Britain and Northern Ireland);

116.61 Reform government practices that restrict freedoms of religion or

belief, expression and movement to ensure that individuals are not punished for

expressing their opinions or beliefs (United States of America);

116.62 Take measures to fully realize freedom of expression, including on

the Internet and social media (Republic of Korea);

116.63 Effectively implement the provisions of the Media Law that

safeguard media pluralism and prohibit censorship (Estonia);

116.64 Ensure freedom of expression and access to information, and stop

interfering with access to the Internet as well as censorship of online and print

media (Germany);

116.65 Ensure unobstructed Internet access and cease censorship of online

media, including of foreign websites and communication applications. This

includes the repeal of all provisions from the Law on the Regulation of the

Development of the Internet and the Provision of Internet Services that require

State licencing of the activities of Internet providers (Netherlands);

116.66 Respect the right to freedom of expression, allow the media to

operate without any interference and provide an enabling and protective

environment where journalists and activists can exercise their human rights

without reprisals (Austria);

116.67 Adopt measures, including through amending relevant laws, to

ensure that the Internet, television, radio and print media serve as a channel

for receiving and transmitting independent public interest information in the

country (Slovakia);

116.68 Include a ban on censorship in the Constitution and expand the

definition of the ban on censorship in the Law on Mass Media to include every

person who makes public communications, in accordance with its international

obligations (Sweden);

116.69 Decriminalize defamation, and include it in the Civil Code in

accordance with international standards (Estonia);

116.70 Cease blocking access to Internet sites and social media networks

(Sweden);

116.71 Take positive steps to protect and promote the freedoms of

expression and assembly, including by enforcing legal provisions that safeguard

media pluralism and prohibit censorship and by ending forced mobilization of

residents for participation in government-organized mass events (Australia);

116.72 Revise laws and practices in order to guarantee the full enjoyment of

freedom of expression and freedom of assembly and ensure that any

restrictions comply with the International Covenant on Civil and Political

Rights (Latvia);

116.73 Guarantee fully the rights of freedom of association, assembly and

expression, and of the press (Spain);

116.74 Strengthen efforts to guarantee the respect for fundamental

freedoms, including by simplifying the procedures for legal registration of

NGOs and religious groups (Italy);

116.75 Release immediately and unconditionally all persons imprisoned as a

result of peaceful exercise of freedom of expression, collection and distribution

of information, and journalistic activity (Norway);

116.76 Take concrete steps to ensure the protection of journalists, media

personnel and human rights defenders against attacks, and prosecute those

responsible for such acts, as previously recommended (Estonia);

116.77 Ensure that human rights defenders and journalists are able to

conduct their work and activities freely online and offline, and release all

prisoners of conscience (Slovenia);

116.78 Recognize publicly, protect and support, notably with administrative

measures, the work of human rights defenders, including women and young

human rights defenders (Belgium);

116.79 Stop threats to, physical attacks against and arbitrary detention and

conviction of human rights defenders and individuals for exercising their

freedoms of expression and assembly (Norway);

116.80 End the arbitrary detention and harassment of, as well as travel bans

and other acts of intimidation against journalists, media workers and human

rights defenders (Germany);

116.81 Release all human rights defenders and journalists, and guarantee an

independent media free from undue influence or interference (Czechia);

116.82 Revise laws and policies to ensure an enabling environment for

human rights defenders, an independent media and a robust civil society

(Canada);

116.83 Amend legislation, including the Constitution and the Law on

Migration, by including explicit legal guarantees that establish the right to exit

freely from and return to Turkmenistan, in accordance with international law

(Sweden);

116.84 Take immediate legal action to reverse the policy on restricting the

rights of everyone to leave the country and return to their own country

(Norway);

116.85 Establish a time-bound national plan of action to address forced

labour in cotton farming and abolish mandatory production and sanctions for

non-compliance with cotton quotas (Chile);

116.86 Grant fair and adequate compensation to owners and residents of

Ashgabat who were evicted from their properties (Togo);

116.87 Review the provisions regarding compulsory HIV testing contained

in the 2016 Act on controlling the spread of the disease caused by HIV, while

providing early diagnosis and treatment to mothers living with HIV and their

infants, in the light of the recommendations of the Human Rights Committee

and the relevant special procedure mandate holders of the Human Rights

Council (Brazil);

116.88 Ensure that the implementation of measures to prevent HIV does not

lead to discriminatory practices and is in line with international human rights

obligations (Mexico);

116.89 Introduce legal measures that prohibit forced and child labour

(Poland);

116.90 Remove criminal penalties restricting freedom of opinion and

expression (Mexico).

117. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

Annex

Composition of the delegation

The delegation of Turkmenistan was headed by the Deputy Minister for Foreign

Affairs of Turkmenistan, Mr. Vepa Hajyyev, and composed of the following members:

• Ambassador Atageldi Haljanov, Permanent Representative of Turkmenistan to the

United Nations Office at Geneva;

• Ms. Kumush Gurbanniyazova, Head of Department of the Ministry of Adalat

(Justice) of Turkmenistan;

• Mr. Geldimyrat Veliyev, Senior Officer of the Ministry of Internal Affairs of

Turkmenistan;

• Ms. Selvi Sysoyeva, Senior Specialist of the Ministry of Labor and Social Protection

of the Population of Turkmenistan;

• Mr. Amanmyrat Kerimov, Senior Prosecutor of the General Prosecutor's Office of

Turkmenistan;

• Ms. Shemshat Atajanova, Head of the Department of the Turkmen National Institute

for Democracy and Human Rights under the President of Turkmenistan;

• Ms. Suray Seyilbayeva, Attaché of the Department of International Organizations of

the Ministry for Foreign Affairs of Turkmenistan.