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).