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Turkmenistan - Universal Periodic Review

UPR 30, May 7, 2018
Recommendations by Canada

Recommendations:

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Thank you, Mr. President.

Canada encourages Turkmenistan to strengthen protections for civil society and women, and against enforced disappearances.

Canada recommends that Turkmenistan:

1. End the practice of enforced disappearances; ensuring that, following prompt, thorough and impartial investigation, perpetrators of these enforced disappearances are brought to justice, and providing effective remedies to victims and their families, including reparation.
2. Investigate promptly, thoroughly and impartially all allegations of arbitrary detention, torture, and ill-treatment, and - to this end - establish an independent, accessible and effective complaints mechanism for all places of detention.
3. Revise laws and policies to ensure an enabling environment for human rights defenders, an independent media, and a robust civil society.
4. Adopt legislation specifically criminalizing violence against women, ensure thorough investigation of cases of violence against women, and provide appropriate training to the police, the judiciary and other relevant stakeholders on how to deal with such cases.

Canada remains concerned with the difficulty faced by civil society in operating effectively in Turkmenistan due to legal restrictions.

Background

According to UPR Info, a non-profit, non-governmental organization (NGO) that tracks the Universal Periodic Review (UPR) process, in the first two cycles of the UPR, Turkmenistan received 225 recommendations, of which 172 were accepted (an acceptance rate of 76%). Canada’s previous recommendations to the Republic of Turkmenistan were related to civil society, enforced disappearances, political prisoners, and religious freedom.

Turkmenistan has taken some limited steps to improve its social environment, engage sincerely with the international community, and play a constructive role in its region. Its new constitution, the National Human Rights Action Plan, the creation of a Human Rights Ombudsman’s Office and new human rights legislation are positive steps for the country. Turkmenistan’s increased willingness to engage with the international community on these issues, including the office of the Organization for Security and Co-operation in Europe in Ashgabat, is positive and could provide space for continued reform and effective implementation of protections for human rights.

However, there remain issues of concern. Credible allegations of enforced disappearances have not been fully or effectively addressed. In March 2018, there were reports of the deaths of two prisoners who had experienced enforced disappearance. Further steps are needed to bring Turkmenistan in line with international law relating to the arbitrary deprivation of liberty, and torture and other cruel or inhuman treatment. There are some notable gaps between legislation and enforcement, and a concerted effort is required to ensure that the rights of all individuals are effectively protected.

Turkmenistan also faces challenges in ensuring a secure operating space for civil society actors and in protecting the rights of women. Human rights defenders, journalists and others continue to face administrative burdens that make operating in Turkmenistan difficult. Domestic violence remains a concern, and while authorities have made some efforts, such as through the 2015-2020 National Action Plan on Gender Equality, legislative gaps must be addressed and crimes must be better investigated, promptly and thoroughly.