THE INSTITUTE OF STATE, LAW AND DEMOCRACY OF TURKMENISTAN
Shemshat ATAJANOVA, Department of Democracy and International Relations of the Institute of State, Law and Democracy of Turkmenistan, Ph.D. in Philosophy
In ensuring the strategy of sustainable political, economic, social and cultural development of the country, human rights play a fundamental role. Historical experience shows that the development of society along the path of progress and freedom is inseparable from the expansion of human rights and enrichment of their content. Each new stage of social development and the expansion of freedom involve observance and increase in the scope of human rights. Human rights and freedoms are the main guideline for assessing the quality of statehood, the degree of its democracy, adherence to legal principles, morality, universal human values. From the first days of independence Turkmenistan has declared recognition and respect for the basic democratic rights and freedoms enshrined in the Universal Declaration of Human Rights. Today, our country has established itself in the world arena as a state interested in the development of a democratic society whose basic values are known to man, his inalienable rights and freedoms. The adoption of the Declaration on the international obligations of neutral Turkmenistan in the field of human rights1 confirmed the determination of our state to create all conditions for the realization of human rights and freedoms, free development of the individual. Strengthening of democratic principles and legal bases of society and the state, realization of political, economic, social and other civil rights, freedoms of each person, adherence to international legal norms and achievements of world civilization in this field is determined by one of the key priorities of the state policy of President Gurbanguly Berdimuhamedov. The adoption in September 2016 of a qualitatively renewed Constitution of the country became an important milestone in the socio-political life of Turkmenistan and all citizens, one of the main conditions for further democratic reforms and the successful reform of the institutions of society and the state. The new version of the Basic Law is a reliable foundation of national statehood, improvement of the regulatory and legal basis of the society, taking into account the priorities of the country’s current development and advanced world experience. The Constitution of Turkmenistan laid down the legal status of the individual, enshrined the rights and freedoms of the person and citizen at the level of international standards. This normative legal act has incorporated the basic ideas and principles of the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights. This is especially gratifying to note in the year of celebrating the 70th anniversary of the UDHR, which is the most important and universal of all the declarations of the United Nations, which is rightly considered the moral standard of mankind. At the same time, the human rights defined in the Basic Law are inseparably linked with such traits peculiar to the Turkmen people as humanity, justice, good-neighbourliness, charity, hospitality. This means that the provision of universally recognized human rights and freedoms corresponds to the spiritual and cultural potential of our people and, in its unity, determines progress in the development of society and the state. Turkmenistan demonstrated to the world community its adherence to democratic values, universally recognized human rights and freedoms. The creation of conditions for ensuring human rights in Turkmenistan is inextricably linked with the improvement of national legislation, as well as with the democratization of the activities of state and public institutions. The basic rights and freedoms of citizens enshrined in the Basic Law and implemented from international norms found their detailed consolidation in special legislative acts of the country. In recent years, practical steps have been taken and are being implemented in the country, including legal, economic and institutional in the sphere of the human dimension. In this context, the legal acts of various spheres of activity of the state and society have been radically updated, and consistent work has been carried out to bring national legislation in line with the norms of international law. The solution of tasks on the creation of mechanisms for the protection of human rights and freedoms in the modern period of history is very actual and is in the constant field of vision of the Head of State. Creating an atmosphere of respect for man is impossible without the formation of a high legal consciousness, morality, provision, guaranteed by the Constitution of Turkmenistan, international norms of human rights and inalienable freedoms. As the priority direction of the legislative work of the sixth convocation of the Mejlis of Turkmenistan, the President of the country defined the protection of the rights and freedoms of citizens. Speaking at the meeting with the deputies of the national parliament on March 30, 2018, the Head of State noted the importance of ensuring the protection of the rights and freedoms of citizens, guaranteeing their life and health, the presumption of innocence. Emphasizing the attention of the people’s representatives on the need for a thorough analysis of existing legal documents and the adoption of new laws that meet the requirements of the times and standards of international law, the National Leader stressed that “The purpose of these legislative acts is the further modernization of the legal framework for the all-round development of the sovereign Fatherland on the basis of the provisions and norms enshrined in the country’s Constitution.”2 It should also be noted that the provision on the recognition by our country of the priority of universally recognized norms of international law, enshrined in Article 9 of the Basic Law, creates the necessary legal prerequisites and conditions for the integration of neutral Turkmenistan into the system of international relations and development of cooperation on the principles of equality and mutual be-nefit with all states. Our country is a party to more than 140 conventions and treaties that form the basis of its international legal participation in ensuring human rights and freedoms, addressing socio-economic and humanitarian issues. The Government of Turkmenistan is consistently implementing the provisions of the UN conventions on Human Rights, and also respects its obligations arising from international humanitarian law. In order to strengthen international relations in a constructive and constructive way, Turkmenistan closely cooperates with major authoritative organizations, primarily with the United Nations, the European Union, the Organization for Security and Cooperation in Europe and other structures. The dynamics of partnership with specialized UN agencies has significantly increased in recent years. This is evidenced by the number of joint projects implemented in various fields: in 2016, the Partnership Framework for Development (PFD) was signed between the Government of Turkmenistan and the United Nations for 2016-2020; the Programme for Cooperation between the Government of Turkmenistan and the United Nations Children’s Fund (UNICEF) for 2016-2020, the Action Plan of the Country Programme for cooperation between the Government of Turkmenistan and the United Nations Population Fund for 2016-2020 and others. The recognition of Turkmenistan’s international efforts to make a worthy contribution to global development is its membership in a number of UN structural units, in particular, the Executive Committee of the UN High Commissioner’s Programme for Refugees (on a permanent basis), the Executive Council of the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) for 2016-2018, the Executive Board of the United Nations Children’s Fund (UNICEF) for 2018-2020 and the Commission on the Status of Women for 2018-2022. The election of Turkmenistan in these structures confirms the country’s active position aimed at promoting human rights, gender equality, the best interests of the child and close cooperation with the UN in the preparation and development of relevant policies, standards and norms at the global level. The activities carried out within these commissions contribute to the achievement of qualitative results in the provision of international human rights standards. The country has intensified its efforts to prepare and submit national reports on conventions on human rights to the UN Treaty Bodies. The recommendations of international organizations are taken into account when implementing the norms of international law in the national legal space. The National Action Plan on Human Rights in Turkmenistan 2016-2020, the National Action Plan on Gender Equality of Turkmenistan for 2015-2020, the National Action Plan in Turkmenistan to Combat Trafficking in Human Beings for 2016-2018, the National Action Plan for the Implementation of Rights in Turkmenistan for 2018-2022 have developed and are successfully implementing with the support of the Representative Offices in Turkmenistan, the United Nations Development Programme (UNDP), the United Nations Population Fund (UNFPA), the International Organization for Migration (IOM) and the United Nations Children’s Fund (UNICEF). It is important to note that in the preparation of the Plans, the recommendations of the relevant UN Committees and the recommendations adopted by the country on the Universal Periodic Review have been taken into account. It is important to emphasize the growing role of our country in the international arena in affirming humanistic principles, its creative and peacekeeping potential. Within the framework of intensified cooperation between the Government of Turkmenistan and the Office of the United Nations High Commissioner for Human Rights (OHCHR), relevant work is carried out to further promote the ideas of humanism and protect human rights through the adoption of relevant documents. Hence, our country has become:
— author of the Joint Statement of Turkmenistan and Brazil “On Encouraging the Valuable Contribution of the Olympic Teams of Refugees to the Promotion of Peace and Human Rights”;
— co-author of the Joint Statement on behalf of the Asia-Pacific Regional Group of the UN Human Rights Council “On the costs of violence against women and girls”; UN General Assembly Resolution “Equal enjoyment of the right to education by every girl”; Resolution “Promoting human rights through sport and the Olympic ideal”, which, among others, reflect the initiative of President Gurbanguly Berdimuhamedov on encouraging the valuable contribution of the Olympic teams of refugees to the consolidation of peace and human rights; Joint Statement on the promotion of the protection of cultural heritage along the Great Silk Road in order to promote universal respect for cultural rights, initiated by the Government of Turkmenistan. In February 2018, in the framework of the Annual High-level Segment of the 37th session of the UN Council on Human Rights in Geneva, a joint side event was held on the theme “Development of human rights in Central Asian countries: Turkmenistan, Tajikistan, Uzbekistan in the framework of the 70th anniversary of the Universal Declaration of Human Rights”, initiated by the Turkmen side. The main goal of the meeting was to raise awareness of the member countries of the Council on the work carried out by the governments of Central Asian states in the field of human rights development. This event once again demonstrated to the world community the adherence of the countries of Central Asia to the active implementation of the principles of the Charter of the United Nations. Among the significant events it is important to mention the adoption of the Joint Statement on the Promotion and Protection of Human Rights in Central Asia on March 9, 2018 by the UN Human Rights Council at the initiative of the Go- vernment of Turkmenistan. The document underscores the Central Asian countries’ commitment to further efforts to fulfil their commitments in this field. This initiative of Turkmenistan found universal support from the countries participating in the UN Council, as well as the leadership of the UN OHCHR, which confirmed the firm position of our state in further transformations in the context of ensuring human rights both in the country and in the region as a whole. Attaching great importance to the protection of individual rights and freedoms, the state takes care of their real provision by creating equal conditions for access to legal forms and ways of protection. With the purpose of effective protection of the rights and freedoms of citizens, the Institute of the Ombudsman for Human Rights in Turkmenistan was introduced into the new version of the Constitution on the proposal of the President of the country. High political will on this issue is based on universally recognized norms of international law, in particular, on the Paris Principles — a set of international standards that shape and determine the work of national human rights institutions. On November 23, 2016, the Mejlis of Turkmenistan adopted the Law of Turkmenistan “On the Ombudsman”, defining the rights, duties, basic areas and guarantees of the Ombudsman’s activities and his powers. This Law entered into force on January 1, 2017, and on March 20, 2017, an Authorized Representative for Human Rights was elected on an alternative basis, and then its Staff was created. In accordance with the Law, in the exercise of powers, the Ombudsman is independent and unaccountable to any state bodies and officials. According to the Law, the Ombudsman annually submits a report on the activities of the President of Turkmenistan and the Mejlis of Turkmenistan on their activities and the situation of human rights in the country. The annual report of the Ombudsman is covered in the mass media. The Ombudsman supplements the existing state means of protection of human and civil rights and freedoms by his activity.3 It should also be noted that national structures for human rights — the Interdepartmental Commission for the Implementation of Turkmenistan’s International Obligations on Human Rights and International Humanitarian Law, as well as the Institute of State, Law and Democracy of Turkmenistan, which coordinates the activities of this Commission — are functioning in our country. Human rights, their protection, security are the goal and the main result of the development of countries that are guided by democratic values. Respect for and protection of human rights is the foundation on which democracy is built up of state power. Human rights and freedoms guaranteed by the state give rise to the will and ability to economic and social progress, which in turn ensures genuine peace and progress of all mankind.
BIBLIOGRAPHY:
— Türkmenistanda aýallaryň hukuklary. Türkmenistanyň kanunçylyk namalary we halkara hukuk resminamalary. Aşgabat, Turkmen döwlet neşirýat gullugy, 2017. P. 79-81.
— Speech by President Gurbanguly Berdimuhamedov at the meeting with Deputies of the new convocation of the Mejlis of Turkmenistan // The scientific-applied magazine “Democracy and Law”. № 1, 2018. P. 63.
— Türkmenistanyň Mejlisiniň Maglumatlary, 2016, № 4, 157-nji madda.