Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/turkmeni.txt

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TITLE:  TURKMENISTAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                          TURKMENISTAN


Turkmenistan, a one-party state dominated by the President and
his closest advisers, made little progress in 1994 in moving
from a Soviet-era authoritarian style of government to a
democratic system.  A national referendum held on January 15
extended until 2002 the term of office of Saparmurad Niyazov,
head of the Communist Party from 1985 to its dissolution and
President since October 1990 when the post was created.  The
Democratic Party of Turkmenistan, the old Communist Party under
a new name, retained its monopoly on power; the Government
registered no opposition parties in 1994 and by its actions
continued to inhibit opposition political activities.  Only
government-approved candidates were permitted to contest the
December 11 parliamentary elections, in which all 50 candidates
ran unopposed.  Emphasizing stability over reform, the
President's nationbuilding efforts continued to focus on
renewing Turkmen nationalism, a feature of which has been a
personality cult around the President.

The Committee on National Security (KNB) has the
responsibilities formerly held by the Soviet Committee for
State Security (KGB), with membership and operations
essentially unchanged.  The Ministry of Internal Affairs
directs the criminal police, which works closely with the KNB
on matters of national security.  These agencies have been
responsible for human rights abuses in enforcing the
Government's policy of repressing political opposition.

Turkmenistan remained a centrally planned economy, although the
Government continued to take small steps to reduce state
intervention, e.g., by phasing out the state order system.
Turkmenistan is the world's fourth largest producer of natural
gas and is heavily dependent on revenue from natural gas
exports.  Payment problems by its major customers in the former
Soviet Union have led it to consider construction of new gas
pipelines to or through neighboring Iran.  Agriculture,
particularly cotton cultivation, accounts for nearly half of
total employment.

Turkmen authorities continued severely to restrict political
and civil liberties and maintain tight controls over opposition
political organizations.  They completely controlled the media,
censoring all newspapers and rarely permitting criticism of
government policy or officials.  All trade unions are
government controlled.  The Government generally gave favored
treatment to ethnic Turkmen over minorities and to men over
women.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political or extrajudicial killings.

     b.  Disappearance

Political activist and underground journalist Durdymurad
Khojamukhamed disappeared in mid-July.  On June 26, six
assailants believed to be linked to the security apparatus beat
him severely (see Section 2.a.).  It is not known if he is in
custody, has fled abroad, or is in hiding.

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

The 1992 Constitution prohibits torture or other cruel,
inhuman, or degrading treatment.  While systematic torture was
not known to have occurred in 1994, criminal suspects,
prisoners, and witnesses are routinely beaten both before and
after trial processes.  Agents of the security apparatus have
also used force to suppress political opposition (see Section
2.a.).

Turkmen prisons are unsanitary, overcrowded, and unsafe.  Food
is poor and facilities for prisoner rehabilitation and
recreation are extremely limited.  In August an outbreak of
cholera reportedly struck the Bairam Aly prison facility.

     d.  Arbitrary Arrest, Detention, or Exile

In several cases, government agents detained or arrested
persons associated with the Moscow-based opposition and warned
them not to engage in political activities.

On October 29, several days after the President called for the
extradition to Turkmenistan of several Turkmen dissidents,
authorities in Uzbekistan arrested two individuals associated
with the Turkmen opposition, Mukhammad Aimuradov and Khoshali
Garaev, and deported them to Turkmenistan.  Although the two
men, both Russian citizens, were originally charged only with
the illegal transfer of money from Turkmenistan, the Government
eventually announced its intention to try them in connection
with an alleged plot to assassinate the President.  At year's
end, security organs were holding them pending trial.

On October 20, security authorities took journalist Iusup
Kuliev from his home and detained him for over 2 weeks,
apparently without formal charges.  They reportedly beat him
while in custody and subjected him to pyschotropic drugs.  At
year's end, he was under house arrest in his home in Ashgabat.

The authorities detained at least three other people--
Khudaiverdy Khally, Akhmukhammed Zapirov, and Mukhammed
Garachishiev--for several days, apparently without formal
charges, around the time of the October 27 Independence Day
celebration.

In January 1994, the authorities temporarily exiled political
activist Durdymurad Khojamukhamed to Baku, Azerbaijan, without
either his consent or due process.  Almost all prominent
political opponents of the present Government have chosen to
move to Moscow for reasons of personal safety.

     e.  Denial of Fair Public Trial

The Constitution theoretically established judicial
independence; however, the President's power regarding the
selection and dismissal of judges effectively subordinates the
judiciary to the presidency.  The court system has not been
reformed since Soviet days.  It consists of a Supreme Court,
6 provincial courts (including 1 for the capital city of
Ashgabat only), and at the lowest level, 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
personnel; and a Supreme Economic Court, which hears cases
involving disputes between state economic enterprises 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 he has the sole authority to remove them
from the bench before the completion of their terms.

Turkmen law provides for the rights of due process for
defendants, including a public trial, the right to a defense
attorney, access to accusatory material, and the right to call
witnesses to testify on behalf of the accused.  The accused has
the right to select counsel, but there are no independent
lawyers, with the exception of a few retired legal officials.
When a person cannot afford the services of a lawyer, the court
appoints one.  A person may represent himself in court.

Decisions of the lower courts may be appealed to higher courts,
and in the case of the death penalty the defendant may petition
the President for clemency.  In practice, adherence to due
process rights is not uniform, particularly in the lower courts
in rural areas.  Even when due process rights are observed, the
authority of the prosecutor vis-a-vis the defense attorney is
so great that it is almost impossible for the defendant to
receive a fair trial.

Mukhammad Aimuradov and Khoshali Garaev (see Section 1.d.), who
were to be tried on charges connected to an alleged
assassination plot, were arrested and held on charges that
appeared to be politically motivated.  There are no other known
political prisoners.  Some opponents of the Government have
charged that the authorities occasionally prosecute political
opponents for economic crimes they did not commit.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Constitution provides that a citizen has the right to
protection from arbitrary interference in his or her personal
life.  However, there are no legal means to regulate the
conduct of surveillance by the state security apparatus, which
regularly monitors the activities of opponents and critics of
the Government.  Security officials use physical surveillance,
telephone tapping, electronic eavesdropping, and recruit
informers.  Critics of the Government and other citizens report
credibly that their mail is intercepted before delivery.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for the right to hold personal
convictions and to express them freely.  In practice, however,
freedom of speech is severely restricted, and there is no
freedom of the press.  The Government completely controls radio
and television.  Its budget funds all print media.  The
Government censors all newspapers; the Committee for the
Protection of State Secrets must approve all prepublication
galleys.  In September the President publicly called for the
punishment of those who spread "rumors."

The Government prohibits the media from reporting the views of
opposition political leaders and critics, and it rarely allows
the mildest form of criticism in print.  The Government press
has condemned the foreign media, including Radio Liberty, for
broadcasting or publishing opposing views, and the Government
has subjected those involved in critical foreign press items to
threats and harassment.

The Government restricts academic freedom.  It does not
tolerate criticism of government policy or the President in
academic circles, and it discourages research into areas it
considers politically sensitive.  In the past the
government-controlled Union of Writers has expelled members who
criticized government policy; libraries have removed their
works.  Critics of the Government in all fields were frequently
reminded that continued criticism could have many
repercussions, including the loss of employment and
opportunities for advancement for themselves and their
families.  In at least one case, the authorities dismissed a
child from school because of public statements made by the
father.  In another case, a woman was removed from her job
because of her exiled father's political activities.

On rare occasions the authorities resorted to stronger methods
to silence their critics.  During the January 15 national
referendum on extending the presidential term of office, they
arrested Valentin Nikolaevich Kopusov immediately after he tore
up his ballot in the presence of election officials.  Kopusov,
who has a history of erratic behavior, was placed in a
psychiatric hospital pending determination of his mental
health.  After several months Kopusov was declared mentally ill
and transferred to another hospital.

On the night of June 26, six assailants, believed to be
connected to the security apparatus, broke into the home of
political activist and underground journalist Durdymurad
Khojamukhamed.  They abducted him, severely beat him, and left
him in a ditch at the side of a road see Section 1.b.).

On November 24, Russian authorities in Moscow, reportedly at
the request of the Government of Turkmenistan, took into
custody Murad Essenov and Khalmurad Suyunov, two journalists
associated with the Moscow-based Turkmen opposition.  Although
no charges were known to have been filed against the two, the
Government reportedly sought their extradition in connection
with the same alleged assassination plot for which two others
were arrested in Ashgabat (see Section 1.d.).  Russian
authorities released Essenov and Suyunov on December 21.  In
October six or seven men had accosted Essenov on a Moscow
street and beaten him.  Opposition leaders claimed the
assailants were linked to Turkmen security organs.

     b.  Freedom of Peaceful Assembly and Association

The Government restricts the freedom of peaceful assembly.
Unregistered organizations, including those with a political
agenda, are not allowed to hold demonstrations or meetings.  No
political groups critical of government policy have been able
to meet the requirements for registration (see Section 3).

Social and cultural organizations without political aims may
normally register and hold meetings without difficulty.
However, the authorities often refuse registration to those
with an ethnic or religious orientation under constitutional
provisions that prohibit political parties based on nationality
or religion.

Theoretically, citizens have the freedom to associate with
whomever they please.  However, supporters of opposition
movements have been fired from their jobs for political
activities and removed from professional societies or
threatened with dismissal or with the loss of their homes or
work space.  On numerous occasions in 1994, the Director of the
KNB and a deputy chairman of the Cabinet summoned political
opponents and warned them not to meet with foreigners or give
press interviews.  The Government also discourages the access
of foreigners to Islamic leaders, often by insisting that a
government official sit in on any meetings.

     c.  Freedom of Religion

Turkmen are overwhelmingly Muslim, but Islam does not play a
dominating role in society, in part due to the 70 years of
repression under Soviet rule.  The Constitution provides for
freedom of religion and does not establish a state religion.
Official harassment of religious groups has largely ended, and
the State generally respects religious freedom.

A modest revival of Islam has occurred since independence.  The
Government has incorporated some aspects of Muslim tradition
into its efforts to define a Turkmen identity, and it gives
some financial and other support to the Council on Religious
Affairs, which plays an intermediary role between the
government bureaucracy and religious organizations.

Religious congregations are technically required to register
with the Government, but there were no reports that the
Government enforced this requirement or denied registration to
any religious group.

There is no law specifically addressing religious
proselytizing.  The authorities, however, did cut short the
planned stay of two American citizens, apparently because of
their proselytizing activities.  Also, the Government would
have to grant permission for any mass meetings or
demonstrations for this purpose and would not do so for
nonregistered groups.  The Government does not restrict the
travel of clergy or members of religious groups to
Turkmenistan.  Islamic religious literature, largely donated
from abroad, is distributed through the mosques.  Eastern (or
Russian) Orthodox churches also offer a variety of Christian
religious literature.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation.

The Government generally does not restrict movement within the
country, although it tightly controls travel to the border
zones.  Turkmen citizens still carry internal passports which
are used more as a form of identification than a means of
controlling movement.  Residence permits are not required,
although place of residence is registered and noted in
passports.

The Government uses its power to issue passports and exit visas
as a means of restricting international travel for its critics,
and most ordinary travelers find the process to be difficult.
Many allege that officials, including some on the presidential
staff, solicit bribes in exchange for permission to travel
abroad.  Although legally the Ministry of Foreign Affairs is
responsible for issuing passport and exit visas, the
International Department of the Presidency and the security
services must also signify their approval.

Citizens are generally permitted to emigrate without undue
restriction.  In December Turkmen authorities denied journalist
Mamedniyaz Sakhatov and his family the passports and exit visas
they needed to emigrate to the United States.  Some ethnic
Russians and other non-Turkmen residents left for other former
Soviet republics during 1994.

The government-funded Council of World Turkmen provides
assistance to ethnic Turkmen abroad who wish to return to
Turkmenistan and apply for citizenship.  The Government,
however, has not permitted many ethnic Turkmen from Iran,
Afghanistan, and other countries to resettle in Turkmenistan.

Authorities discouraged the influx of non-Turkmen workers from
other areas of the former Soviet Union.  In mid-March, Turkmen
police detained and immediately expelled as many as several
thousand nonresident workers from Tajikistan, Uzbekistan,
Azerbaijan, Georgia, Armenia, and Ukraine.

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.  Citizens have no real
ability peacefully to change the Government and have little
influence on government policy or decisionmaking.  In the 1992
presidential election, the sole candidate was Saparmurad
Niyazov, the incumbent and nominee of the Democratic (formerly
Communist) Party.  The Government announced the election barely
a month before voting day, giving opposition groups
insufficient time to organize and qualify to submit a candidate.

On January 25, a national referendum extended Niyazov's term in
office until 2002, obviating the need for a presidential
election in 1997.  The referendum was announced only on
December 28, 1993, again allowing insufficient time for any
opposition to organize.  According to the official results,
99.9 percent of those voting cast their ballots to extend
Niyazov's term.  On December 11, 1994, elections were held for
a reconstituted Mejlis (parliament).  Again, no opposition
participation was permitted.  Candidates for the 50 seats were
all approved by the ruling party, and all ran unopposed.  The
Government claimed that 99.8 percent of eligible voters
participated.

The Constitution calls for the separation of powers between the
various branches, with concomitant checks and balances.
However, it vests a disproportionate share of power in the
Presidency, particularly at the expense of the judiciary.  In
practice, the Presidency in concert with the Cabinet of
Ministers makes all policy decisions, appoints government
officials down to the level of city mayors, and decides which
legislation the Mejlis will consider.  The Mejlis has no
genuinely independent authority.

Government officials state that their goal is political
pluralism and the establishment of a multiparty system, perhaps
as soon as 1996.  However, there were few indications in 1994
that the present leadership will permit any meaningful
opposition to develop.

In addition to its almost total control over the flow of
information, the Government also uses laws on the registration
of political parties to curb the emergence of would-be
opposition groups.  At present the only registered party is the
Democratic Party of Turkmenistan, the successor to the
Communist Party.  The policy of the Democratic Party, according
to its leadership, is to implement the policy of the President.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

There are no local human rights monitoring groups, and
government restrictions on freedom of speech, press, and
association would preclude any effort to investigate and
criticize publicly the Government's human rights policies.
Several independent journalists report on these issues in the
Russian press in Russia and have contact with international
human rights organizations.  On numerous occasions in the past,
the Government has warned its critics against speaking with
visiting journalists or other foreigners wishing to discuss
human rights issues.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

The Constitution provides for full equality for women.  In
practice, however, women are greatly underrepresented in the
upper levels of government and state economic enterprises and
are concentrated in health care, education, and service
industries.  Women are also restricted from working in some
dangerous and ecologically unsafe jobs.  In traditional Turkmen
society, the woman's primary role is as homemaker and mother,
and family pressure often limits opportunities for women to
enter outside careers or advance their education.  The law
protects women from discrimination in inheritance and marriage
rights.  Religious authorities, when proffering advice to
practicing Muslims on matters concerning inheritance and
property rights, often favor men over women.

The Women's Council of Turkmenistan, a carryover from the
Soviet system, addresses issues of concern to women, and a
professional businesswomen's organization has recently been
founded.  While no reliable statistics on domestic violence
against women are available, women's groups and medical
personnel assert that it is not a major problem.  The
Government has no program specifically aimed at rectifying the
disadvantaged position of women in Turkmen society because it
does not believe that women suffer discrimination.

     Children

Turkmenistan's social welfare umbrella adequately covers the
welfare needs of children.  The Government has not, however,
taken effective steps to address the severe environmental and
health hazards that have resulted in a high rate of infant and
maternal mortality, particularly in the Aral Sea area.

     National/Racial/Ethnic Minorities

The Constitution provides for 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 1994 Turkmenistan was spared
the ethnic turmoil that afflicted many other parts of the
former Soviet Union.

As part of its nationbuilding efforts, the Government has
attempted to foster Turkmen national pride, in part through its
language policy.  The Constitution designates Turkmen the
official language, and it is a mandatory subject in school,
although not necessarily the language of instruction.

The Constitution also guarantees speakers of other languages
the right to use them.  Russian remains in common usage in
government and commerce.  The Government insists that it will
not tolerate discrimination against Russian speakers.  However,
efforts to reverse past policies that favored Russians work to
the benefit of Turkmen at the expense of the other ethnic
groups, not solely ethnic Russians.  Non-Turkmen fear that the
designation of Turkmen as the official language will put their
children at a disadvantage educationally and economically.
They complain that some avenues for promotion and job
advancement are no longer open to them.  Only a handful of
non-Turkmen occupy high-echelon jobs in the ministries, and
minority government employees from other ethnic groups are
sometimes assigned lesser positions than their experience and
qualifications would warrant.

     People with Disabilities

Government subsidies and pensions are available to those with
disabilities, and those capable of working are generally
provided with jobs under still-valid preindependence policies
that virtually guarantee employment to all.  According to
existing legislation, facilities for access by the disabled
must be included in new construction projects.  Compliance is
not complete, however, and most older buildings are not so
equipped.

Section 6  Worker Rights

     a.  The Right of Association

Turkmenistan has inherited the Soviet system of government-
associated trade unions.  The Federation of Trade Unions claims
a membership of some 1.6 million and is divided along both
sectoral and regional lines.  Turkmenistan joined the
International Labor Organization in late 1993.

While no law specifically prohibits the establishment of
independent unions, there are no such unions.  No attempts were
made to register an independent trade union in 1994.  The
state-sponsored unions control key social benefits such as sick
leave, health care, maternal and childcare benefits, and
funeral expenses.  Deductions from payrolls to cover these
benefits are transferred directly to the Federation.

The law does not prohibit strikes, but no strikes are known to
have occurred in 1994.  Disputes over work conditions or other
grievances were resolved through negotiation among the trade
union, government, and management (which represents,
invariably, a government enterprise).

     b.  The Right to Organize and Bargain Collectively

Turkmen law does not protect the right to collective
bargaining.  The Ministry of Economics and Finance prepares
general guidelines for wages and sets wages in health care,
culture, and some other areas.  In other sectors, it allows for
some leeway at the enterprise level, taking into account local
factors.  Annual negotiations between the trade union and
management determine specific wage and benefit packages for
each factory or enterprise.  In practice, in the predominantly
state-controlled economy, the close association of both the
trade union and the enterprise with the Government seriously
limits the workers' ability to bargain effectively.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution specifically prohibits forced labor.  Despite
claims that several years ago the Government abandoned its
policy of requiring students to pick cotton at minimal rates of
pay during the annual harvest, thousands of high school
students were forced to work in the cotton fields in 1994.  No
other incidents of compulsory labor were reported in 1994.

     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 l8 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 teenagers work
in the fields and children less than 10 years of age sometimes
help with the harvest.

     e.  Acceptable Conditions of Work

The Government sets the national minimum wage quarterly, based
on a market basket of commodities reviewed by the Ministry of
Economics and Finance.  On July 1, the Government increased the
minimum wage to $3.33 (250 manats) per month and increased it
again to $4.55 (1,000 manats) on December 21.  This figure
falls far short of the amount required to meet the needs of an
average family.  Most households are multigenerational, with
several members receiving salaries, stipends, or pensions.
Even so, many people lack the resources to purchase an adequate
diet, and meat is a luxury for most of them.

The standard legal workweek is 40 hours and provides at least
one 24-hour rest period.  Turkmenistan inherited an economic
system with substandard working conditions from the Soviet era,
when productivity took precedence over the health and safety of
workers.  Industrial workers often labor in an unsafe
environment and are not provided proper protective equipment.
Some agricultural workers are subjected to ecological health
hazards.  The Government recognizes that these problems exist
and has taken some steps to deal with them but has not set
comprehensive standards for occupational health and safety.