A/HRC/10/8/Add.4 page 5 6. Turkmenistan is a single-party political system, with the President being both the head of State and the head of Government. The current President of Turkmenistan is H.E. Mr. Gurbanguly Berdimuhammedow. He succeeded the former President for life, H.E. Mr. Saparmurat Niyazov, who died in December 2006. According to article 4 of the 2003 Constitution of Turkmenistan, the State power is divided into the People’s Council (Khalk Maslakhaty), legislative, executive and judiciary branches. The only national court is the Supreme Court, which does not adjudicate on the constitutionality of laws. All branches of the State, including all representatives at the regional and local levels, as well as judges in all courts, are fully accountable to the President. On 26 September 2008, constitutional amendments, inter alia, abolished the People’s Council and transferred its powers to the President and the Parliament. 7. Turkmenistan is made up of five regions, one independent city (the capital Ashgabat), 20 cities, 65 districts, as well as communities and villages. According to the Government, the population was estimated at 6.3 million at the end of 2003 and more than 40 ethnic groups live in Turkmenistan.1 III. INTERNATIONAL HUMAN RIGHTS OBLIGATIONS 8. This section provides an overview of the main international legal standards referenced by the Special Rapporteur2 in carrying out her assessment of the situation regarding freedom of religion or belief in Turkmenistan. 9. Article 18 of the Universal Declaration of Human Rights and article 18 of the International Covenant on Civil and Political Rights set out the basic elements of the right to freedom of religion or belief. This fundamental right includes freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest one’s religion or belief in worship, observance, practice and teaching. Furthermore, article 2 of the Universal Declaration of Human Rights provides that everyone is entitled to all the rights and freedoms set forth in the Declaration without distinction of any kind such as, inter alia, religion. Relevant articles of the International Covenant on Civil and Political Rights include article 20, which obliges States to prohibit any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence; article 26, which prohibits discrimination and guarantees to all persons equal and effective protection 1 Ethnic Turkmens make up 94.7 per cent of the population, Uzbeks 2 per cent, Russians 1.8 per cent, and other people (Kazakhs, Azerbaijanis, Armenians, Ukrainians, Tatars, Baluchis, etc.) 1.5 per cent (see CERD/C/441/Add.1, paras. 8 and 12). 2 For further information on the international legal standards relied upon by the Special Rapporteur in the implementation of the mandate see her previous reports to the Commission on Human Rights (see E/CN.4/2005/61, paras. 15-20 and E/CN.4/2006/5, Annex). The Special Rapporteur has also illustrated the international legal standards with pertinent excerpts of the mandate-holders’ findings since 1986 in an online digest which is available on the website of the Office of the High Commissioner for Human Rights (http://www2.ohchr.org/english/issues/ religion/standards.htm).

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