“Supporting Human Rights and Democracy: The U.S. Record 2004 – 2005”

Turkmenistan

The Government of Turkmenistan’s human rights record remained extremely poor, and it continued to commit serious abuses. Turkmenistan is a one-party state dominated by President Saparmurat Niyazov, who retains his authoritarian monopoly on political power and on the Democratic Party, which remained the sole legally-recognized political party in the country. Niyazov has been president since independence in 1991 and may legally remain in office until 2010. In August 2003, Niyazov was elected to a life term as Chairman of the People’s Council, giving him a substantial say in the selection of any presidential successor. Government efforts continued to focus on fostering centralized state control and the glorification of the President. The unicameral parliament has no genuinely independent authority; in August 2003, the Peoples’ Council replaced it as the supreme legislative body. Parliamentary elections took place December 19. Foreign observers were not invited to monitor elections and all candidates were pro-government Democracy Party members cleared by authorities. President Niyazov controlled the judicial system. The Government severely restricts freedom of speech and does not permit freedom of the press. There were no domestic human rights groups. Throughout 2004, the Government remained repressive in its response to any perceived threats to the regime. While serious violations of religious freedom continued in Turkmenistan, the Government did make progress from a legislative perspective and with a noticeable reduction in harassment of minority religious congregations.

The United States maintained a three-pronged approach to promoting democracy and human rights. First, the United States urged the Government to respect human rights and advance democracy by raising these issues in high-level bilateral meetings and multilateral institutions, and by iterating its concerns in public statements. Second, the United States regularly advocated on behalf of individual cases of abuse, coordinating closely with other diplomatic missions and international organizations. Third, the United States funded programs designed to strengthen civil society and respect for human rights.

The United States recognized that the primary means of promoting democracy and human rights in Turkmenistan was to address the continued deterioration in the human rights situation after an armed attack on President Niyazov’s motorcade on November 25, 2002. There were widespread, credible reports of human rights abuses committed by officials in the course of investigating the attack, including credible reports of torture and detention of suspects’ relatives. During the past year, the United States, through diplomatic efforts at the highest levels, continued to support efforts by the International Committee of the Red Cross to gain access to prisoners detained following that attack. In 2003, the United States and nine other Organization for Security and Cooperation in Europe (OSCE) members invoked the "Moscow Mechanism" (for only the second time in the organization’s history) which called for a Special Rapporteur on Turkmenistan’s human rights abuses after the November 2002 attack. Throughout 2004, the United States consistently and publicly called for follow-through action on the OSCE Rapporteur’s report. In April, the United States and the EU jointly sponsored a resolution at the UN Commission on Human Rights which condemned the Government for human rights abuses and called on the Government to adopt measures called for by the OSCE Rapporteur. In November 2004, the United States and the EU jointly introduced a successful UN General Assembly resolution condemning the Government’s human rights abuses and calling for fact-finding missions by international envoys to investigate reports of torture and abuse. The Government continued to refuse to facilitate such visits. While none of these efforts have so far resulted in accountability for the human rights violations that have occurred, this diplomatic strategy succeeded in keeping very serious human rights issues in the public eye.

In January 2004, the Government formally lifted the exit visa regime imposed in early 2003. The Government took this action in response to notification from the United States in late 2003 that Turkmenistan was risking sanctions for not meeting the freedom of emigration requirements under the Jackson-Vanik Amendment to the Trade Act of 1994. Although the Government maintained a black list of select individuals not permitted to travel, freedom of movement improved. Throughout 2004 the United States continued to monitor the situation to ensure Turkmenistan’s compliance with its international obligations on freedom of movement. In November 2003, the Government enacted draconian laws on public organizations and religious groups that severely curtailed freedom of association and religion by imposing criminal penalties for unregistered activities. These human rights violations were also a focal point for U.S. diplomatic efforts in 2004. In Ashgabat, the U.S. Ambassador, Deputy Assistant Secretary, Commander of the U.S. Central Command and visiting OSCE delegations informed President Niyazov that the improvement of the human rights situation was of the highest priority, and high-level U.S. officials raised their concerns in Washington D.C. After sustained U.S. and international pressure, Turkmenistan removed the legal requirement that minority religions must have a certain number of members in order to obtain registration and dropped criminal penalties against unregistered religious groups and non-govern-mental organizations (NGOs). Four minority religious groups were permitted to register, as were several independent NGOs. Though registered, the religious groups continued to face difficulties in achieving all their rights under the law, and the United States continues to monitor the situation closely. The Government granted amnesty and released six conscientious objectors from prison in 2004. Government officials closed or destroyed at least six mosques.

To implement the second prong of its strategy, the United States raised concerns regarding individual cases of human rights abuse to the Government of Turkmenistan. In 2004, the Embassy coordinated with other diplomatic missions to protest the harassment and detention of a noted author. Upon his return to Turkmenistan, he was detained, his travel documents were seized and his relatives were arrested and accused of committing high crimes against the state. Intervention by the United States contributed to his release, and the cases against his relatives were reviewed. The Embassy consistently monitored and actively advocated on behalf of a reporter for Radio Free Europe/Radio Liberty who was frequently harassed. In one case, U.S. intervention helped secure his quick release after he was abducted, blindfolded, injected with an unknown substance and threatened with 15 years in prison. The Embassy subsequently persuaded the Government to allow the journalist to depart the country in 2004.

In response to continued harassment of religious minority groups, the U.S. Embassy raised issues of freedom of worship with the Council of Religious Affairs and other responsible bodies within the Government of Turkmenistan. One principle concern was that the Government was hindering some registered religious groups from establishing places of worship. The Government cooperated on hosting a visit to Turkmenistan by a representative of the U.S. Ambassador at Large for International Religious Freedom, who encouraged the Government to register additional religious groups and cease harassment.

The U.S. Embassy continued to advocate better treatment of relatives of those implicated in the November 2002 attack, urging the Government of Turkmenistan to cease systematically harassing them. In 2003, the Ambassador sent a letter to the Foreign Minister of Turkmenistan in advance of the annual presidential amnesty, urging the Government to release political prisoner Mukhammet Aimuradov and individuals imprisoned for refusing to perform compulsory military service due to their religious beliefs. The Embassy was a principal point of contact and advocacy for individual cases of abuse. The third prong of the strategy was to fund programs that strengthen civil society. The Government of Turkmenistan was a hesitant partner in civil society programs and educational exchanges; it often used bureaucratic mechanisms to delay or hinder implementation of exchange programs or registration and operations of truly independent NGOs. Nonetheless, in FY 2004, the Embassy awarded 30 Democracy Commission grants focusing on civic education, Internet access, the free flow of information, community self-help and women’s and human rights issues. A U.S.-funded civil society development program focused on grassroots community development and advocacy. In FY 2004, 53 capacity-building training events were conducted for more than 1,032 participants under this program. In 2004, the United States gave more than 125 future leaders the opportunity to study and receive training in the United States through exchange programs. One new American Corner (four in total) and two new Internet Access Training Program sites (four in total) were opened in 2004, providing a critical link to the outside world by offering access to nonofficial sources of information. The Embassy also awarded three and four-year scholarships to 17 Turkmen college students to attend the American University of Central Asia in the Kyrgyz Republic. In order to support rule of law, the U.S.-funded program implemented by the American Bar Association’s Central European and Eurasian Law Initiative (ABA/CEELI) provided support to the Legal Resource Center (LRC) at Turkmen State University (TSU). ABA/CEELI also worked with LRC staff to develop strategies to increase its accessibility to the public. Since January 2004, the LRC has organized training programs on Turkmenistan’s labor legislation, the development of its criminal legislation, legal guarantees of women’s rights and the development of civil legislation. By the end of May, a total of 198 people had participated in the seminars. Between January 1 and the end of May, 4,053 people visited the LRC’s facilities.

ABA/CEELI continued to sponsor student participation in moot court competitions. Working with the administration of TSU, ABA/CEELI conducted a modified moot court competition on the national level. In April, 12 students gave oral arguments on a hypothetical case focusing on the International Criminal Court and submitted written briefs. The event provided a much-needed opportunity for Turkmenistan’s law students to sharpen their practical legal skills.

ABA/CEELI’s Street Law program in Turkmenistan developed over the past year in cooperation with TSU offered young people the opportunity to learn about the law and basic principles of human rights and democracy. Law students involved in the program learned techniques for teaching primary and secondary school students about their rights and responsibilities under Turkmen law. The program’s objective is to sensitize students at a young age to the ways in which the law can help solve critical family, social and political issues. Trainings during the past year covered topics such as children’s rights under Turkmen law, the law on delinquency, administrative violations, the right to individuality, the right to marry and the legal status of women. The program was effective at promoting practical skills and legal knowledge among law student participants and providing desperately needed legal information to the population at large.

A civil law clinic in which TSU law students provide legal consultations under the supervision of qualified practicing attorneys began operating in Ashgabat in May 2004. This was the first clinical program in Turkmenistan, and it offers a unique opportunity for students to serve their community and gain practical legal experience. ABA/CEELI staff will provide ongoing training to clinic staff attorneys on managing a student-run clinical program and addressing practical and pedagogical issues surrounding clinical legal education.

The U.S. government-funded civil society development program supported a network of four Civil Society Support Centers (CSSC) that provided training seminars, technical support, information resources, networking opportunities and professional services to NGOs and associations. The United States provided training and resources to strengthen the financial and institutional sustainability of these centers, and also created opportunities to develop new centers. The program included funding to provide institutional grants for leading NGOs in specific sectors and community development grants with a focus on social partnerships to help NGOs engage with their communities and advocate for their needs at the local level. The United States also provided assistance in the development of a comprehensive legal and fiscal framework that will support and strengthen the NGO sector, as well as direct legal support and services for NGOs through the CSSC Network.

In 2004, U.S. funding to combat trafficking in persons (TIP) supported the International Organization for Migration’s work with the State Border Service on a Ministry of Justice-approved program attempting to ascertain the extent and patterns of TIP in Turkmenistan. Funding also supports an anti-trafficking public education campaign and training for the Border Service to combat TIP.

U.S. Department of State March 28, 2005