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COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORT OF TURKMENISTAN

24 May 2006

24 May 2006

The Committee on the Rights of the Child today considered the initial report of Turkmenistan on how that country is implementing the provisions of the Convention on the Rights of the Child.

Introducing the report was Chary Atakhanov, Advisor at the Department of International Organizations at the Foreign Ministry of Turkmensitan, who said that Turkmenistan had ratified a number of international instruments and was committed to respecting and implementing their provisions. Following the ratification of the Convention on 23 September 1994, a series of laws had been adopted for its implementation. The State’s participation in international cooperation had ensured the rights of the child and the implementation of the Convention.

Over the course of the discussion, Nevena Vuckovic-Sahovic, the Committee Expert who served as country Rapporteur to the report of Turkmenistan, said the transition period of the State party had been marked by relative poverty. However, positive achievements had been made in the economic sphere. With respect to legislation, she asked about the impact of each law on the rights of the child. She asked how the Government had ensured the promotion and protection of the rights of the child at the communal level; and if there were disparities between the urban and rural areas with regard to the rights of the child, among other things.

In her preliminary concluding remarks, Ms. Vuckovic-Sahovic thanked the delegation for providing the Committee with information on the situation of children in the country. She noted that not enough information was received from the delegation. She said the Committee would adopt recommendations on general measures of implementation of the Convention; the central governmental body for the monitoring of the Convention; independent institutions for human rights; data collection; civil and political rights; and health and education, among other things.

Other Committee Experts contributed to the debate by raising questions pertaining to, among other things, national identity and minority children; corporal punishment; the role and competence of the National Institute for Democracy and Human Rights; child labour; violence against children; refugee and unaccompanied children; and international cooperation.

The Committee will release its formal, written concluding observations and recommendations on the report of Turkmenistan towards the end of its three-week session which will conclude on 2 June.

The two-person delegation from Turkmenistan also included Seyid Orazberdyev, Chief Specialist at the Department of Healthcare at the Cabinet of Ministers of Turkmenistan.

As one of the 192 States parties to the Convention, Turkmenistan is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of that treaty. The delegation was on hand during the day to present the report and answer questions raised by Committee Experts.

When Chamber B of the Committee reconvenes at 10 a.m. on Friday, 26 May, it will take up the third periodic report of Colombia (CRC/C/129/Add.6)

Report of Turkmenistan

The initial report of Turkmenistan, contained in document CRC/C/TKM/1, provides information on how the provisions of the Convention have been implemented in the State party since the country acceded to the treaty in 1994. It says that arrangements to uphold and coordinate the economic, social and cultural rights of children are financed from the national budget and development funds. The implementation of the Convention, including as regards children’s social, economic and cultural rights, is facilitated by cooperation between the Government and international organizations. Joint programmes are being undertaken with organizations

According to the report, the core principles of education in the country are the general accessibility to all citizens of all forms and types of educational services; the equal right of every person to realize his or her full potential; and the principle that education at State educational institutions shall be free of charge. State programmes cover all aspects of children’s lives and development, including those reflected in the Convention. Turkmenistan is implementing special multi-faceted programmes that concentrate on various aspects of children’s lives.

The report says that the care of children and attention to their health and physical and intellectual development are among the topics dealt with in cooperation with the national voluntary organizations. The implementation of the Convention is facilitated by cooperation between the Government and international organizations, such as UNICEF, UNDP, WHO and UNFPA.

Introductory Remarks by Turkmenistan

CHARY ATAKHANOV, Advisor at the Department of International Organizations at the Foreign Ministry of Turkmenistan, said Turkmenistan was committed to abiding by international instruments to which it was a party. In that regard, the State had ratified a number of international conventions since independence. The report was prepared in accordance to the guidelines of the Committee and with the help of the Office of the High Commissioner for Human Rights, which had contributed greatly in providing technical and advisory assistance to the Government. The United Nations Children’s Fund (UNICEF) had also contributed to the realization of the report.

Following the ratification of the Convention on 23 September 1994, a series of laws had been adopted for its implementation, Mr. Atakhanov said. As a secular State, Turkmenistan was a place where different religious groups lived in harmony. The State’s participation in international cooperation had ensured the rights of the child and the implementation of the Convention.

Mr. Atakhanov said the right to work had been guaranteed by the country’s Constitution. The Constitution further guaranteed the right to education, while the Government facilitated free education for all. The educational policy, which was proclaimed in 1993, had provided further guarantees to access to education for children of all ages. New textbooks had been published to improve the quality of education. School programmes were based on human needs and values. As of the age of five, and with the participation of parents, children prepared to go to school. The number of students graduating from high schools and universities had increased. The Government provided boarding facilities for children left without parental care. A special presidential decree had established funds for orphans with the aim of providing them with full educational development.

Mr. Atakhanov said a national programme had been implemented with regard to health through the extension of clinics and hospitals. A national programme had also been put in place to prevent diseases that affected children. In order to increase immunity among children, breastfeeding was encouraged by the State. A decree had been promulgated for the availability of iodinated food for all people. The Government’s efforts were also focused on the eradication of polio in the State.

Discussion

NEVENA VUCKOVIC-SAHOVIC, the Committee Expert who served as Rapporteur for the report of Turkmenistan, said that during the discussion, the members of the Committee would comment on the positive aspects of the implementation of the Convention in Turkmenistan as well as the difficulties in doing so. Although the State party had encountered problems in implementing the treaty, neither the report nor the introductory statement of the delegation had made reference to these difficulties. Such a state would give the impression that the country was a heaven for children.

The transition period of the State had been marked by relative poverty. However, positive achievements had been made in the economic sphere. With respect to legislation, she asked about the impact of each law on the rights of the child. How could the Government ensure the promotion and protection of the rights of the child at the communal level? Were there disparities between the urban and rural areas with regard to the rights of the child? It was unusual that associations or non-governmental organizations were members of parliament as it was the case in Turkmenistan. What was the role of these organizations?

Another Expert asked if there were no independent mechanisms to receive and consider complaints from children. What was the minimum age for joining the army? It was said that boys aged 17 could be drafted into the army, which would entail involvement in hostilities. What measures were being taken to remedy this situation?

According to the report, the age of marriage and the age for criminal responsibility were not compatible with the provisions of the Convention, an Expert said. What was the minimum age for child employment? The age issue should be harmonized in line with the Convention.

Article 12 of the Convention provided for the right to freedom of opinion, another Expert said, asking if that provision was widely used by children in schools and in the family. There were no independent child associations in the State party. Were there any associations which were created and run by children without interference by the Government?

Concerning the budget allocation, an Expert asked the percentage of the budget specifically allocated for the implementation of the provisions of the Convention. What indicators were used to ensure that the disadvantaged regions were benefiting from the Government’s efforts in the implementation of the treaty? He asked the delegation to provide him with information with regard to the situation of violence against children. What measures were being taken to assist the victims of the violence? Although there were provisions to prevent torture and ill-treatment, monitoring measures were primordial to ensure that such incidents were not taking place.

Another Expert asked if the State party was making progress in its preparation to ratify the two Optional Protocols to the Convention. What tangible implementation of the Convention was made other than the legislation put in place to protect and promote the rights of the child? On the implementation of the provisions of the Convention by the judiciary, he asked if the judges were in a position to cite the treaty in their dealings of cases pertaining to children. He asked if the National Institute for Democracy and Human Rights was an independent body with full competence to react within its own mandate.

An Expert said Turkmenistan was cooperating with several international organizations and countries with regard to the promotion and protection of children’s rights. What planned activities were accomplished with the money obtained through international cooperation? The report did not mention the amount the State party obtained from this source. Had the State party integrated the provisions of the Convention into the country’s school curriculum, and had it provided training programmes for judges and the police? On special protection, he asked what safeguards were made available for children seeking asylum and for their recourse in the event the administrative authorities rejected their requests. What steps were taken to ensure family tracing and reunion of unaccompanied refugee children?

Referring to data collection, another Expert asked about the efforts made by the Government to develop data collection by seeking assistance from UNICEF. She said that the economic growth of the country was not clearly reflected in the budgetary allocation for children. What measures were being taken to increase budgetary allocation for the promotion of child rights? On non-discrimination of children from minority groups, she asked if those children had access to information on their own languages and identities. Because of the mainstreaming of Turkmenistan nationalism, there was a tendency to assimilate minority children rather than integrate them, which was detrimental to their identities.

Response by Turkmenistan

Responding to a series of questions raised by the Committee Experts, the delegation said that selective surveys had been made since 1995, in collaboration with UNICEF, with regard to children’s rights. A number of projects had started and a data collection process was already underway, the result of which would be transmitted to the Committee. A plan of action, covering the period of 2005 to 2009 on the enforcing of policies on children and implementing Government plans, was put in place. The data collection process was now underway with the assistance of UNICEF, which was in line with the Millennium Development Goals.

With the help of UNDP, UNICEF and other international bodies, the Government was defining its goals to carry out the provisions of the Convention, the delegation said. There were also United Nations agencies in the capital city, which were engaged in preparing training programmes and seminars for State officials. As a young nation, the country lacked experience in many fields.

With regard to refugees, the delegation said that between 1992 and 1996, Turkmenistan had hosted 16,000 refugees from Afghanistan, Tajikistan and Armenians from Azerbaijan. The refugees had been provided with land and other commodities for their children. The refugee children had enjoyed all rights, including educational opportunities and health services.

The National Institute for Democracy and Human Rights was working with international organizations in its efforts to promote human rights and freedom, the delegation said. Organizations such as UNICEF, UNDP and UNFPA were closely collaborating with the Institute in projects aimed at drafting laws on child rights. UNICEF and the Institute, for example, drafted a law on the protection of motherhood, which was adopted by the Parliament. The Head of the State appointed the head of the Institute; however, the post was vacant at present. Temporarily, the Institute was headed by one of the directors of its departments.

The delegation said that the Government was thinking about establishing an independent National Human Rights Commission. Experts asked if the future Commission would be set up in line with the Paris Principles on the establishment of national human rights institutes, to which the delegation said it would reply in writing.

Questions by Experts

An Expert appreciated that the State party maintained and developed the family ties of children for their better protection. She asked about the enrolment of children in schools. She expressed concern that less young people were entering university. Based on reports, the Expert said that children spent only 150 school days for education and they spent the remaining time for cotton picking.

With regard to child labour, another Expert asked about the State party’s position on the ratification of ILO Conventions 182 on extreme forms of child labour and 138 on minimum age for admission to employment. He raised issues pertaining to drug and substance abuse and asked if the State had taken steps to fight the phenomenon.

Another Expert asked if corporal punishment was clearly banned from institutions, schools and the family. Was there a law forbidding the infliction of corporal punishment? Had the Government attempted to foster awareness on the issue of corporal punishment? The report lacked statistical data on domestic adoption. Had the State party ratified the Hague convention on the protection of children in matters of inter-country adoption?

Because of the lack of statistical data, it was difficult to apprehend the drop in infant mortality or to show the trend in that regard, said an Expert. Further information was also required to understand the situation of the immunization campaigns, particularly the efforts made to eradicate polio and other child diseases. Specific information was also missing in the report about the progress made in health infrastructure; the category of children covered by health insurance schemes; the scope of the reform in the health sector; and the approach taken in adolescent mental health.

Concerning alternative care, an Expert asked about the practical measures taken by the State party in caring for children in institutions. Which children were admitted in such institutions? What were the qualifications of those running the institutions for children? Were there monitoring mechanisms? Was corporal punishment practiced in those places? What plans were being put in place for the unification of children with their families? What efforts were being made by the Government to mainstream children with disabilities into normal schools?

An Expert said she was worried about the decreasing standard of education. The period of schooling was short; the quality of education was not maintained. After completion of the nine-year compulsory education, students were still children. The number of children going to universities was diminishing. Was the Government also worried about the quality of education in secondary schools?

Response by Turkmenistan

The delegation said children did not participate in the cotton harvesting process, although one of the country’s key economic sectors was agriculture. The family was the key unit where decisions were taken concerning the child and families were forbidden to use children in cotton-picking labour. In addition to the traditional law, legislation was in place to protect children from child labour.

The rate of infant and maternal mortality had been reduced since 1990 seven fold, the delegation said. Preventive measures had been taken to help pregnant women to avoid anaemia and other complications. The general health condition of the people had contributed to the creation of the healthy environment in which children were brought up. While incidents of anaemia were reduced by 50 per cent, other series forms of diseases had been eradicated. New health centres had been established in accordance with the recommendations of the World Health Organization.

As a result of the reform of the health sector, the number of beds had been augmented in many hospitals, and diagnostic centres had been set up in several places in the country, the delegation said. Other preventive measures were also adopted to improve mother-and-child health conditions. The State continued to guarantee health care to all its citizens by increasing funds for use by health centres. The voluntary health insurance was on top of the services provided by the State.

Any information on adoption was registered officially at the Ministry of the Interior, which collaborated with municipal councils, the delegation said. The Ministry of Justice was also involved in the adoption process of children. The law on adoption stated that the State should defend the best interest of the child in matters of adoption.

Preliminary Concluding Remarks

NEVENA VUCKOVIC-SAHOVIC, the Committee Expert who served as country Rapporteur to the report of Turkmenistan, thanked the delegation for providing the Committee with information on the situation of children in the country. She noted that not enough information was received from the delegation. The Committee would have preferred to have a bigger delegation for a broader presentation of the report. Based on the information it had received today, the Committee would adopt recommendations on general measures of implementation of the Convention; the central governmental body for the monitoring of the Convention; independent institutions for human rights; data collection; civil and political rights; and health and education, among other things. She said medical protection should be extended to all children without distinction; and that free education should be provided for children up to 18 years of age.
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