A/HRC/10/79
Page 15
62.
On the rights of displaced persons and refugees in Turkmenistan, in keeping with a
presidential decree of August 2005, unprecedented measures have been adopted for more than
13,000 refugees, who have received citizenship. In addition, in August 2005, the President
granted 3,500 refugees permanent residence.
63.
On the rights of women and children, Turkmenistan stated that it is party to a number of
international standards and that, based on these and its own standards, it guarantees the rights of
the child. In December 2007, Parliament implemented provisions of relevant conventions and
adopted laws on State guarantees for gender equality and on combating human trafficking;
furthermore, articles 19 and 20 of the new Constitution guarantee gender equality. With regard to
the rights of women to marry, in addition to the Family and Marriage Code in Turkmenistan,
there are constitutional guarantees in article 27. A new draft family code has been developed,
taking into account all recommendations made by the Committee on the Rights of the Child and
by the Committee on the Elimination of Discrimination against Women. The new family code
will raise the marriageable age.
64.
The delegation said that alternative methods of care for children may be envisaged if
children are unable to be properly cared for or educated or placed in families or adopted, if it is
not possible to care for the child in other ways. The question of birth registration has to be borne
in mind, as the child is to be registered immediately after birth and has the right to be given a
name and to acquire citizenship.
65.
On the independence of the judiciary, the delegation reiterated that judges are
independent and answerable to the constitution and laws of Turkmenistan and are guided by their
inner convictions alone. Interference in their activities is prohibited by the Constitution and their
independence is guaranteed by law.
66.
The delegation acknowledged that a conflict exists between the standards of material and
procedural law and said that the Government was working, with representatives of the United
Kingdom and Germany, on a draft criminal procedure code and a draft civil procedure code in
Turkmenistan. It hoped that the two drafts, which include international standards on court
proceedings, will be adopted by Parliament when it reconvenes in January 2009. With regard to
questions of criminal justice, an active dialogue is underway with OSCE and the German society
for technical cooperation (GTZ).
67.
On cooperation with international bodies, the delegation said the new Government has an
open-door policy. Turkmenistan is working with UNDP to carry out improvements to the
electoral system, and with UNFPA and UNICEF to eliminate child labour, to reform juvenile
justice and further ensure gender equality. A project with UNDP dealing with improving
reporting procedures is in its final stages. It referred to the inter-agency commission, which has
adopted a plan on submitting reports. The delegation also cited a two-year project funded by the
European Union and involving OHCHR, UNDP and the Government, entitled “Enhancing
potential for protection of human rights in Turkmenistan”.
68.
On preparations for the review, the delegation noted that civil society representatives,
including women, had taken part. The reports would be published in Russian, Turkmen and
English and will be circulated in Turkmenistan. The regional OHCHR office will work with
Turkmenistan in 2009 on a special regional conference on the review, given that Turkmenistan
and Uzbekistan will have been reviewed by then.
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