|Click here for a summary of Turkmenistan’s review at the first cycle and/or the second cycle.|
30th UPR session
Date of review: 7 May 2018
Date of report adoption: 20 September 2018
Document number: A/HRC/39/3
SOGIESC issues during Turkmenistan’s 3rd UPR review
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
II. Excerpts on SOGIESC issues from the national report
Hate crimes (equality and non-discrimination) (recommendation No. 113.55)
67. Under the Constitution, Turkmenistan guarantees equal human and civil rights and freedoms and equality before the law and the courts, irrespective of ethnic background, skin colour, sex, origin, property, official status, place of residence, language, religious affiliation, political beliefs or other circumstances. Accordingly, the State guarantees all persons’ equality before the law and the courts, irrespective of any such circumstances and in accordance with international conventions and other instruments to which Turkmenistan is a party. No such circumstances may serve as grounds for discrimination against citizens or other individuals.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
11. The Human Rights Committee was concerned that national legislation did not afford protection against discrimination on all grounds, including sexual orientation and gender identity. The Committee on the Elimination of Racial Discrimination was concerned that the definition of racial discrimination did not include all the grounds stipulated in the Convention, including colour and descent. The country team reported that there was no comprehensive anti-discrimination legislation.
12. The Human Rights Committee recommended that Turkmenistan take measures, including by considering adopting a comprehensive anti-discrimination law, to ensure that the relevant legal framework provided adequate and effective protection against all forms of discrimination, prohibited direct, indirect and multiple discrimination, contained a comprehensive list of grounds of discrimination, including sexual orientation and gender identity, and provided for access to effective and appropriate remedies for victims of discrimination.
16. The Human Rights Committee remained concerned about the criminalization of sexual relations between consenting adults of the same sex; and discrimination against and social stigmatization of lesbian, gay, bisexual and transgender persons, including violence, arbitrary arrests and detention, and other abuses perpetrated with total impunity.
IV. References to SOGIESC issues during the Working Group review
87. Iceland welcomed the Constitutional provision recognizing equal rights for women and men but expressed concerns about continued underrepresentation of women in the public and private sectors and the criminalization of sexual relations between consenting adults of the same sex.
V. Conclusions and/or recommendations
Turkmenistan noted the following recommendations:
115.3 Adopt comprehensive anti-discrimination legislation that ensures adequate and effective protection against all forms of discrimination, containing a list of all grounds for discrimination, including sexual orientation and gender identity (Honduras);
116.35 Eliminate, in law and in practice, all forms of discrimination, including those based on sexual orientation or gender identity (Czechia);
116.36 Take measures to fight all forms of discrimination, including when based on sexual orientation (Italy);
116.37 Consider the adoption of a general law against discrimination based on gender, race, nationality, sexual orientation and gender identity, or any other form of intolerance (Uruguay);
116.38 Decriminalize sexual relations between consenting adults of the same sex (Iceland);
116.39 Decriminalize consensual sexual relations between people of the same sex and put an end to the stigmatization of homosexuality, bisexuality, intersexuality and transsexuality (Uruguay);
116.40 Ensure that no form of discrimination or violence against persons based on their sexual orientation or gender identity is tolerated and that all such cases are properly investigated and sanctioned (Iceland);
116.41 Take the necessary measures to establish, in its national legislation, a comprehensive legal framework of adequate and effective protection against all forms of discrimination, including discrimination based on sexual orientation and gender identity, and also repeal the criminalization of consensual sexual relations between consenting adults of the same sex (Argentina);