A/HRC/10/79
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which Turkmenistan acknowledges priority of the norms of international law. The principle of
the precedence of international treaties over national legislation is now enshrined in the
Constitution.
9.
The principle of the separation of powers between the executive, judiciary and legislature
has been enshrined in the new Constitution. Reference to the terms of office of judges has been
eliminated from the Constitution, allowing for development of the principle of independence of
the judiciary. The highest legislative body is Parliament. Judicial functions are now the sole
responsibility of judges in Turkmenistan.
10.
On 14 December 2008, Turkmenistan will hold elections for the new Parliament. Under
the new Constitution, 125 deputies will be elected, as against 65 deputies before the reform. The
deputies will elect the President of the Parliament by secret vote, not openly as in the past. The
right to be elected or to elect people under the International Covenant on Civil and Political
Rights is enshrined, as is the presumption of innocence. The category of citizens who have the
right to elect or be elected has also been extended. For persons in detention, before they are
sentenced, conditions will be created to implement their right to vote. At the invitation of the
Electoral Commission of Turkmenistan, the elections will be observed by both national and
foreign observers. At present, the Electoral Commission has registered 40 international observers
from Commonwealth of Independent States countries.
11.
The rights and freedoms of the citizens of Turkmenistan have been broadened.
Implementing recommendations of the treaty bodies, the constitutional article on equality of
rights of citizens has been extended to include race and gender. Article 19 guarantees equal
rights and freedoms for citizens regardless of their nationality, race, gender, origin, wealth,
position, place of residence, language, religion, political convictions, affiliation with a political
party or lack thereof.
12.
Recognizing the need to develop the private sector, the new Constitution has a new
article 10 on State support for private enterprise.
13.
The new Constitution will give an impetus to the work of the two commissions working
on a permanent basis: the State Commission on improving and reforming legislation, and the
inter-agency State Commission on implementing the State’s international human rights
obligations. They are currently looking at all legislation and bringing it into line with the
Constitution, which is the highest law, has direct application and takes precedence over other
national laws.
14.
Bringing legislation into line with the standards of international conventions and the
recommendations of treaty bodies is a primary task for the State. The list of conventions has
been increased by accession to the Convention on the Rights of Persons with Disabilities. There
is an ongoing process to prepare recommendations for the Government with regard to accession
to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women. International cooperation, in all areas, without exception, will facilitate
successful implementation of the State’s reform process. Important factors that will ensure
Turkmenistan meets its international treaty obligations include constant consultations with
United Nations agencies in Turkmenistan, joint measures to increase awareness, within and
outside Government, and technical cooperation at the request of the Government in various
areas. At present, technical assistance is needed in preparing reports on the recommendations of
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