CERD/C/TKM/CO/5
page 5
19.
The Committee is deeply concerned by information that the State party has adopted
measures drastically limiting access to foreign culture and art, foreign media and the
Internet. While taking note of the abolition of the exit visa in 2004, it also remains
concerned about the reported impediments imposed on Turkmen students wishing to study
abroad (art. 7).
The Committee recommends to the State party that it respect the freedom to
seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art or other media,
in order to foster common understanding and tolerance amongst nations and
ethnic groups. The Committee also recommends that the State party allow
students to study abroad and that it provide detailed information on the actual
regulations and practices relating to the recognition of foreign degrees.
20.
The Committee notes that the “Ruhnama” reportedly dominates the school
curriculum in Turkmenistan. The Committee is concerned about the content of this text, and
would appreciate receiving a copy (art. 7).
The Committee recommends that the State party ensure that school curricula
foster understanding, tolerance, and friendship among nations and ethnic
groups.
21.
The Committee notes that, since independence, no case of racial discrimination has
been referred to the courts. According to some information, members of national and ethnic
minorities who suffer racial discrimination do not complain to courts because they fear
reprisals and lack confidence in the police and the judicial authorities, and because of the
authorities’ lack of impartiality and of sensitivity to cases of racial discrimination (art. 6).
The Committee recommends to the State party that it inform victims of their
rights, including remedies available to them, facilitate their access to justice,
guarantee their right to just and adequate reparation, and publicize the relevant
laws. The State party should ensure that its competent authorities proceed to a
prompt and impartial investigation on complaints of racial discrimination, or
whenever there are reasonable grounds to believe that racial discrimination has
been committed on its territory. Judges and lawyers, as well as law enforcement
personnel, should be trained accordingly.
22.
The Committee, while noting the delegation’s statement that in 1996, the State party
established a Human Rights Institute, notes that this institution does not seem to qualify as
an independent National Human Rights Institution under the Principles relating to the status
of national institutions for the promotion and protection of human rights (the Paris
Principles) (General Assembly resolution 48/134) (art. 6).
The Committee invites the State party to consider establishing such an
independent national human rights institution, with the mandate, in particular,
to monitor compliance with the obligations of the Government of Turkmenistan
under the Convention.
23.
The Committee recommends that the State party take into account the relevant
parts of the Durban Declaration and Programme of Action when implementing the