Turkmenistan is an Asian landlocked country located on the shores of the Caspian Sea, sharing a border with Kazakhstan, Uzbekistan, Afghanistan, Iran. Despite being located on the shores of the Caspian Sea, Turkmenistan is a landlocked state, because the Caspian Sea itself is landlocked. The population of this country is approx 70,57,000 with 4,91,210 square kilometers area. Ethnically, the population is 86% Turkmens, 9% Uzbeks, 2% Russians, 1% Baloch, and 2% other communities. The official language is Turkmen. Religiously, 96% are Muslim.
The Constitution of Turkmenistan is one of the best in the world. Almost all provisions of the Constitution of Turkmenistan promote democracy and human rights - whether they are practiced in real life or not. Political diversity and a multi-party system are recognized in Turkmenistan. The public education system is separate from religious organizations, and is completely secular. A person may be arrested by a court only on the grounds specified by law or with the approval of the prosecutor. In cases of emergency, in cases specified by law, state authorities may temporarily detain citizens. If the evidence against an accused is beyond doubt, the accused shall be acquitted.
These are positive aspects. Now let's discuss the negative aspects.
Article 49 prohibits the worst forms of child labor. What does that mean? Is ordinary child labor normal? From what age? The parliament can delegate the power to enact laws on certain matters to the president of Turkmenistan - which contradicts the idea of separation of parliament, government, and courts. It doesn't end there. The president can dismiss judges if he wants.
Admirable Articles of Turkmenistan's Constitution
Article 3
Sovereignty is exercised by the people of Turkmenistan, the people are the sole source of the state power. The people of Turkmenistan shall exercise their power directly or through representative bodies.
No part (group) of the people, organization or individuals, shall have the right to arrogate to themselves the state power.
Article 4
In Turkmenistan, the people shall be the highest value of the society and the state. Protection, support and service to people shall be the main goals of state authorities.
The state shall be responsible for every citizen and shall create conditions for free development of an individual, protect the life, honour, dignity and freedom, personal inviolability, natural and inalienable rights of a citizen.
Every citizen shall be responsible before the State for performing the responsibilities entrusted to him by the Constitution and laws.
Article 6
State power in Turkmenistan shall be divided in the legislative, executive and judicial branches, they shall operate independently, balancing each other.
Article 16
The state shall promote development of science and technology as well as support of international co-operation in these areas.
Scientific-technical policy of the state shall be pursued for the benefit of the society and each person.
The state shall promote introduction in production activities of scientific and technical achievements.
Article 17
Political diversity and multi-party system shall be recognized in Turkmenistan.
The state shall ensure the enabling environment for development of civil society. Public associations shall be equal before the law.
Article 18
The state shall guarantee freedom of religion and belief, and equality before the law. Religious organizations shall be separate from the state, their interference in the state affairs and carrying out the state functions shall be prohibited.
The public education system shall be separate from religious organizations and secular.
Article 19
An ideology of political parties, religious organizations, public associations and other entities shall not be binding for citizens.
Article 28
Turkmenistan shall guarantee the equality of rights and freedoms of a person and a citizen, and also the equality of a person and a citizen before the law regardless of their nationality, skin colour, gender, origin, property and official status, place of residence, language, religion, political beliefs, and other circumstances.
Article 29
Men and women in Turkmenistan shall have equal rights and freedoms, and equal opportunities for their realization.
Violation of equality on the basis of gender shall be punishable according to the law.
Article 33
A person cannot be convicted or punished, except in strict accordance with law.
No one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment, and without their consent to medicinal, scientific or other experiments.
A person can be arrested by the court only on the grounds precisely specified by law or with the approval of the prosecutor. In urgent cases, precisely specified by law, the state authorities shall have the right to detain the citizens temporarily.
Article 34
An individual shall be presumed innocent until the commission of an offence by him/her is proved in accordance with the procedure prescribed by law and under a final judgment of conviction.
No one shall be obliged to prove his/her innocence.
Doubts arisen as to the guilt of the individual, which cannot be precluded, shall be settled in favour of the accused person.
Article 40
Family, motherhood and fatherhood, and childhood shall be under the protection of the state.
Men and women having attained the marriageable age, shall have the right, by mutual consent, to marry and start families. Spouses shall have equal rights in family relations.
Parents and substitute parents shall have the right and obligation to raise the children, care for their health, development, education, prepare them for work, and impart to them the culture of respect for the law, historical and national traditions.
Adult children shall be obliged to take care of their parents and to extend help (support) to them.
The state creates the conditions for the exercise of the rights and freedoms of the youth and for promoting its comprehensive development.
Article 41
Each person shall independently determine his/her attitude toward religion, shall have the right to, individually or jointly with others, profess any religion or none, to express and disseminate beliefs related to attitude toward religion, to participate in religious observances, rituals, and ceremonies.
Article 44
Citizens shall have the right to form political parties and other public associations operating within the framework of the Constitution and laws.
The establishment and activity of political parties, and other public associations, aimed at bringing violent change to the constitutional order, introducing violence in their activity, opposing the constitutional rights and freedoms of citizens, advocating war, hatred on the basis of colour, national or religious hatred, encroaching on the health and morality of the people, as well as the political parties with ethnic or religious attributes shall be prohibited
Article 56
Citizens of Turkmenistan shall have the right to participate in cultural life, to freedom of artistic, scientific and technical creativity. All rights (copyrights) and interests of citizens in the area of scientific, technical, creative, artistic, literary and cultural activities shall be protected by law.
The state shall contribute to the development of science, culture, arts, folk arts, sports and tourism.
Article 61
Citizens shall have the right to seek redress in courts for material and moral damage caused to them by illegal actions of state bodies, other organizations and their employees, as well as private individuals.
Article 83
The right of legislative initiative shall belong to the President of Turkmenistan, the deputies of the Mejlis of Turkmenistan, the Cabinet of Ministers of Turkmenistan, and the Supreme Court of Turkmenistan.
Article 84
A deputy of the Mejlis shall have the right to enquiry, by oral and written questions, to the Cabinet of Ministers, ministers, and heads of other state bodies.
Article 101
Judges shall not hold any other paid post, except for teaching and research activities.
Article 102
Cases in the court shall be dealt with collectively [bench], and in cases stipulated by law, by a single judge.
Article 103
The trials shall be held in open court. Hearing in closed session shall be permitted only in cases specified by law, in compliance with all the rules of the procedure.
Justice shall be administered on the basis of equality and competition of parties.
Article 104
Judicial proceedings shall be conducted in the state language. Those involved in the case and not speaking the language of the proceedings, shall have the right to get familiar with the case material and the judicial proceedings through an interpreter, as well as the right to speak in the court in their native language.
Article 105
The parties have the right to appeal the decisions, sentences and other verdicts of the courts of Turkmenistan.
Facts of Turkmenistan's Constitution
Article 49
Citizens shall have the right to work, choice of profession, sort of employment and place of work at their own discretion, to safe and healthy working conditions.
Forced labour and the worst forms of child labour shall be prohibited.
Wage earners shall be entitled to compensation, appropriate to amount and quality of work. The size of this compensation shall not be less than the minimum wage established by the state.
Article 82
The Mejlis may transfer the right to issue laws on certain matters to the President of Turkmenistan, with subsequent consideration by the Mejlis of their approval.
The Mejlis may not transfer to anyone the right to legislate on:
1. adoption and amendments in the Constitution;
2. criminal and administrative law;
3. legal proceedings.
Article 100
Judges shall be appointed and dismissed by the President of Turkmenistan. The procedure of appointment of judges and their dismissal, shall be determined by law.
Article 112
Hyakims shall be appointed and dismissed by the President of Turkmenistan and accountable to him.
