United Nations
E/C.12/TKM/CO/1
Distr.: General
Economic and Social Council
13 December 2011
Original: English
Committee on Economic, Social and Cultural Rights
Forty-seventh session
14 November-2 December 2011
Consideration of reports submitted by States parties under articles 16 and 17
of the Covenant
Concluding observations of the Committee on Economic, Social and Cultural Rights
Turkmenistan
1.The Committee on Economic, Social and Cultural Rights considered the initial report of Turkmenistan on the implementation of the
International Covenant on Economic, Social and Cultural Rights (E/C.12/TKM/1), at its 28th and 30th meetings, held on 18 and 21
November 2011, and adopted, at its 59th meeting, held on 2 December 2011, the following concluding observations.
2.The Committee appreciates the presence of a high-level delegation and welcomes the initiation of a dialogue with the State party.
A.Introduction
3.The Committee welcomes the submission of the initial report of Turkmenistan (E/C.12/TKM/1) while noting that it has been
presented well behind the date. The Committee also welcomes the written replies to its list of issues (E/C.12/TKM/Q/1/Add.1), but
regrets that some key questions have remained unanswered.
B.Positive aspects
4.The Committee welcomes the ratification by the State party of the Optional Protocol to the Convention on the Rights of Persons
with Disabilities, the ratification of the International Labour Organization’s Convention concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labour, the World Health Organization Framework Convention on Tobacco
Control, and the United Nations Convention on the Status of Stateless Persons.
C.Principal subjects of concern and recommendations
5.The Committee notes that the country is currently undertaking large-scale reforms but regrets not having received sufficient
information on the integration of the Covenant in relevant domestic laws and policies. The Committee also regrets that no information
was provided on decisions of domestic courts in which the provisions of the Covenant have been invoked.
The Committee recommends that obligations under the Covenan t be fully and thoroughly taken into account while
planning and conducting reforms as well as while evaluating their results. The Committee furthermore draws the
attention of the State party to its general comment No. 9 (1998) on the domestic application of the Covenant and
requests the State party to include information concerning domestic case law on the application of the Covenant in its
next periodic report.
6.The Committee notes with concern the lack of comparable and disaggregated data, also by sex, relating to the enjoyment of the
various rights contained in the Covenant, including by members of national or ethnic minorities and by stateless persons.
The Committee encourages the State party to ensure that the population and housing census , planned for December
2012, provide s precise data about the demographic composition of the population and that the results of this census are
used in the formulation of laws, policies and programmes for the effective implementation of the Covenant. The
Committee also calls upon the State party to put in place a comprehensive system of data collection in all areas covered
by the Covenant and requests that the State party include in its next report statistical data and analysis with respect to
the implementation of the provisions of the Covenant, indicating the impact of measures taken and of results achieved.
7.The Committee is concerned at the fact that the State party does not have an independent National Human Rights Institution since
its National Institute of Democracy and Human Rights, established in the Office of the President, does not conform to the principles
relating to the status of national institutions for the promotion and protection of human rights (Paris Principles).
The Committee urges the State party to consider establishing an independent national human rights institution, in
accordance with the Paris Principles, mandated to monitor compliance with the rights under the Covenant.