CERD/C/TKM/CO/5 page 2 B. Positive aspects 5. The Committee appreciates the attendance of a high-level delegation and the efforts it made to respond to the numerous questions posed by Committee members. It notes the delegation’s assurances relating to the willingness of the State party to pursue the dialogue with the Committee. 6. The Committee notes with satisfaction that the State party has ratified most of the United Nations core human rights treaties since independence. 7. The Committee appreciates the passing of a regulation in March 2005, on the implementation of refugee status determination, as well as the generous hosting of more than 10,000 refugees from Tajikistan on a prima facie basis. 8. The Committee welcomes the amendment of 2 November 2004 of the Criminal Code rescinding article 223/1, which stipulated criminal penalties for unregistered activities of public associations, including non-governmental organizations. C. Concerns and recommendations 9. The Committee notes with concern the lack of consistent data relating to the ethnic composition of the population. It notes that the proportion of national and ethnic minorities in Turkmenistan seems to have significantly diminished between 1995 and 2005, but finds it difficult to interpret these figures, which may have resulted, at the same time, from an assimilation policy conducted by the State party, the emigration of many members of minority groups, and the alleged distortion of statistics by the State party so as to diminish the importance of minorities on its territory. The Committee requests the State party to provide consistent information on the ethnic composition of its population. 10. The Committee notes that under article 6 of the Constitution, the State party recognizes the primacy of generally recognized norms of international law, but is concerned that the status of the Convention in domestic law remains unclear. It is further concerned about the existing gap between law and practice in Turkmenistan (art. 2). The Committee recommends to the State party that it fully ensure the rule of law, which is indispensable to the implementation of the Convention, and that it provide more detailed information on the status of the Convention in domestic law. 11. The Committee is deeply concerned about reported instances of hate speech against national and ethnic minorities, including statements attributed to high-ranking government officials and public figures supporting an approach to Turkmen ethnic purity, which is reported to have a significant detrimental impact on the population given the severe restrictions on freedoms of opinion and expression impeding opposition to such discourses. The Committee is further concerned that such speech is inconsistent with the fundamental principle of racial and ethnic equality underlying the Convention (art. 4). The Committee urges the State party to abide by its obligation under article 4 (c) of the Convention not to permit public authorities or public institutions, national or local, to promote or incite racial discrimination. The Committee