United Nations E/C.12/TKM/1 Economic and Social Council Dist.: General 20 October 2010 English Original: Russian Committee on Economic, Social and Cultural Rights Implementation of the International Covenant on Economic, Social and Cultural Rights Initial reports submitted by States parties in accordance with articles 16 and 17 of the Covenant Turkmenistan * [30 June 2010] * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services. GE.10-43910 (EXT) E/C.12/TKM/1 Contents Paragraphs Page I. Introduction .......................................................................................................................... 1–5 3 II. Articles.................................................................................................................... 6-377 3 Article 1: The right to self-determination................................................................ 6-12 3 Article 2: Prohibition of discrimination .................................................................. 13-25 4 Article 3: Gender equality....................................................................................... 26-39 6 Article 4: Limitations on the exercise of rights ....................................................... 40-42 8 Article 5: Prohibition of activities and acts aimed at the destruction of any rights or freedoms or at the limitation or lessening of fundamental human rights........................................................................................... 43 9 Article 6: The right to work..................................................................................... 44-104 9 Article 7: The right to just and favourable conditions of work .............................. 105-135 19 Article 8: The right to form trade unions................................................................. 136-150 25 Article 9: The right to social security...................................................................... 151-170 26 Article 10: The right to marry and to a family life .................................................. 171-198 31 Article 11: Standard of living.................................................................................. 199-222 35 Article 12: The right to medical care....................................................................... 223-284 43 Article 13: The right to education .......................................................................... 285-342 55 Article 14: The right to free compulsory education ................................................ 343-346 67 Article 15: The right to take part in cultural life...................................................... 347-377 67 2 GE.10-43910 (EXT) E/C.12/TKM/1 I Introduction 1. Turkmenistan acceded to the International Covenant on Economic, Social and Cultural Rights (hereinafter "the Covenant") on 20 December 1996. 2. A permanent Interdepartmental Commission on compliance with Turkmenistan’s international human rights obligations (hereinafter "the Commission") was established in 2007. The Commission’s main work is the preparation of national reports on the implementation of international human rights conventions and their submission to United Nations treaty bodies. The process of preparing the report on the implementation of the Covenant was transparent. The commission and an expert working group held "round tables" to discuss the draft national report: these were attended by international experts and representatives of State institutions, civil society and international organizations. 3. The present report has been prepared in accordance with the general guidelines on the form and content of initial reports set out in article 16, paragraph 1(a), of the Covenant. It is based on information from the ministries, State committees and departments whose responsibilities include tackling issues related to guaranteeing and realizing human rights, and information from voluntary organizations working on issues covered by the present report. 4. This report, the initial report to the Committee on Economic, Social and Cultural Rights, covers all the basic legislative standards governing the questions dealt with in the Covenant. 5. Efforts to familiarize the general public with the content of the report began during drafting. The Commission held a number of meetings and consultations with representatives of central and local authorities and administrations and international organizations. The draft report was transmitted to ministries, State committees and departments, associations and international experts, whose comments and wishes were taken into account in preparing the final version. II. Articles Article 1 The right to self-determination 6. Turkmenistan's right to self-determination and independence was proclaimed on 27 October 1991. Under the Constitutional Act on independence and the principles of the State structure of Turkmenistan of 27 October 1991 and the Constitution of Turkmenistan dated 18 May 1992, as amended on 26 September 2008, Turkmenistan is a democratic, secular State based on the rule of law, in which State administration is exercised in the form of a Presidential republic. Turkmenistan’s State sovereignty and territory are unified and indivisible. State power in Turkmenistan is based on the following principles: the sovereign power of the people, from whom all power emanates and in whom all power resides; recognition of the human being as the highest value of society and the State; the responsibility of the State for the people and for the protection of life, honour, dignity, freedom, personal inviolability, and the natural and inalienable rights of citizens; the separation of State power into legislative, executive, and judicial branches; and limitations on the functions and powers of the central organs of power and local governmental bodies. GE.10-43910 (EXT) 3 E/C.12/TKM/1 7. The Constitutional Act on Turkmenistan’s permanent neutrality was adopted on 27 December 1995. In line with the Constitution, it governs the political, economic and humanitarian bases of the country’s permanent neutrality, recognized and supported by the international community in the General Assembly resolution on Turkmenistan’s neutrality of 12 December 1995. Permanent neutrality is the basis of Turkmenistan's domestic and foreign policy, which is aimed at strengthening stability and harmony in society and the development of friendly and mutually advantageous relations with governments in the region and throughout the world. 8. Turkmenistan, a member of the world community with full rights, determines and implements its foreign policy independently, is a full member of the United Nations and other international organizations, maintains diplomatic, consular, trade and other relations, exchanges plenipotentiary representative offices and concludes international treaties. 9. Turkmenistan’s economy is based on market principles. The State guarantees equal protection and creates equal conditions for the development of all forms of ownership. Turkmenistan upholds the right of private ownership of the means of production, land, other materials and intellectual property. They may also belong to associations of citizens and the State. Items that are the sole property of the State are established by law. 10. Turkmenistan determines its financial policy and monetary system independently and establishes State banking organizations. 11. Turkmenistan determines its military policy independently, ensures its territorial integrity and the protection of its independence, and has armed forces. Turkmenistan’s territory is free of nuclear, chemical, bacteriological and other types of weapons of mass destruction. 12. Turkmenistan is concerned to promote the national and cultural re-emergence of the Turkmen people, national self-awareness and popular traditions, and ensures that the State language is Turkmen. The representatives of all nations and peoples living in the country are guaranteed the right to free national cultural development. Article 2 Prohibition of discrimination 13. Article 19 of the Constitution guarantees the equality of human and citizens’ rights and freedoms irrespective of ethnicity, race, gender , origin, wealth, position, place of residence, language, attitude to religion, political convictions, or membership of a political party or of no party. 14. The rights and freedoms, and the rights and obligations, provided for in the Constitution for citizens of Turkmenistan are equally accorded to aliens and stateless persons present in Turkmenistan, except for the special rights directly associated with Turkmen citizenship. Turkmenistan extends the right of asylum to foreign citizens and stateless persons according to the universally recognized standards of international law and the procedure established by law. 15. Turkmenistan is party to: a) The International Convention on the Elimination of All Forms of Racial Discrimination; b) ILO Convention 111 on Discrimination in Respect of Employment and Occupation; 4 GE.10-43910 (EXT) E/C.12/TKM/1 c) The International Convention on the Elimination of All Forms of Discrimination against Women; and a number of other international instruments. 16. Under article 5 of the Equality of Women (State Guarantees) Act of 14 December 2007, discrimination, whether explicit or implicit, against women is prohibited in any sphere of activity. Discrimination means