Article 18 of the Constitution of Turkmenistan upholds the principle of equality between men and women and prohibits all forms of discrimination. The authorities consider the country’s legislative and regulatory frameworks to be free of discriminatory provisions, yet Turkmenistan is an authoritarian state that obstructs the rights and freedoms of a large proportion of its population. The government does not recognise cases of discrimination and ignores inequalities based on gender.
No gender-specific statistics are available to enable an assessment of the true extent of discrimination in Turkmenistan, but various sources report that women’s rights are often severely breached. The Labour Code limits the professional opportunities of women and offers them no protection except in their maternal obligations. Social stereotypes prevail and have become more widespread since the country became independent in 2001. For the most part, the social position of women is defined according to their role as mothers.
Turkmenistan’s Family Code appears to be unfavourable to women. The minimum legal age for marriage is 16 years for both men and women, or 18 years in the case of marriage to a foreigner. The government refuses to provide statistics on the average age of marriage; its recent decision to reduce the time spent in compulsory education – from 11 to only 9 years – could have the negative effect of increasing the incidence of early marriage. A 2004 United Nations report estimated that 6 per cent of girls between 15 and 19 years of age were married, divorced or widowed. Forced marriages are a problem in rural areas; dowries are frequently paid to the husband’s family and women are then obliged to work to reimburse the money.
Polygamy is prohibited by law in Turkmenistan. Although no statistics are available, it appears to be practised in certain regions without legal repercussions. Women have no legal course of action against husbands who take another wife.
By law, men and women have the same rights and responsibilities in relation to their children, including shared parental authority. In practice, women are confined to the role of mother and men assume all other responsibilities as head of the household.
No information is available concerning inheritance rights.
The physical integrity of Turkmen women is insufficiently protected. The law prohibits violence against women, including violence against a spouse, but the legislation is seldom applied. Domestic violence appears to be common, but victims remain silent, either because they are unaware of their rights or fear more severe abuse from their husbands. Only a few cases are brought to trial or make the news (and even then, the coverage is brief). One official women’s group in the country’s capital Ashgabat and several informal groups in other regions provide assistance to victims of domestic violence.
Rape, including spousal rape, is illegal in Turkmenistan and punishable by sentences ranging from 3 to 25 years in prison, depending on the extent of the violence. The government generally applies this law.
Female genital mutilation is not practised in Turkmenistan, and there is no evidence to suggest it is a country of concern in relation to missing women.
Information about ownership rights is scarce, but it appears that women face many obstacles in exercising their legal rights. The process of decollectivisation gave households an opportunity to acquire access to land. The authorities will not provide any statistics about the percentage of land allotted to women. Patriarchal tradition has left a legacy of discrimination in regard to land rights, and there is no evidence to suggest that the situation for women has improved.
Although men and women have equal legal rights in regard to access to property other than land, patriarchal traditions that favour men prevail.
There are no legal restrictions on women’s access to bank loans, but the authorities will not provide statistics about loan access in general or the proportion of loans granted to women. The 1993 law on commercial banks and banking activities contains no specific provisions relating to women.
Women’s civil liberties are restricted in Turkmenistan. No detailed information is available about freedom of movement, but the government is known to keep an updated list of individuals who are banned from travelling outside the country. Women are also restricted within the country: many of their movements require official authorisation and they are frequently subjected to security checks. These kinds of restrictions make it all the more difficult for NGOs to inform women of their rights.
There are no reported restrictions to women’s freedom of dress.
Blackwell, C. (2002), “Tradition and Society in Turkmenistan: Gender, Oral Culture and Song”, Bulletin of the School of Oriental and African Studies, Vol. 65, No. 561-648, Cambridge University Press, Cambridge.
CEDAW (Committee on the Elimination of Discrimination against Women) (2004), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Turkmenistan, Combined Initial and Second Reports of States Parties, CEDAW/C/TKM/1-2, CEDAW, New York, NY.
CEDAW (2006), Concluding Comments of the Committee on the Elimination of all Forms of Discrimination against Women, Turkmenistan, CEDAW/C/TKM/CO/2, CEDAW, New York, NY.
EurasiaNet (2004), Niyazov Lifts Exit Visa Requirement for Turkmen Citizens, www.eurasianet.org/departments/rights/articles/eav010804.shtml, EurasiaNet, New York, NY.
Institute for War and Peace Reporting (2005), “Turkmen Women Suffer in Silence”, Institute for War and Peace Reporting, London, www.iwpr.net/?p=rca&s=f&o=238807&apc_state=henirca2005.
Institute for War and Peace Reporting (n.d.), “Turkmenistan: One Wife or Two?”, Institute for War and Peace Reporting, London, www.iwpr.net/?p=wpr&s=f&o=258107&apc_state=henpwpr.
IWRAW (International Women’s Rights Action Watch) (2006), Country Report Turkmenistan, IWRAW, Minneapolis, http://iwraw.igc.org/publications/countries/turkmenistan.htm.
Radio Free Europe/Radio Liberty (2005), “Turkmenistan: Marriage Gets Cheaper as Turkmenbashy Drops $50,000 Foreigners’ Fee”, www.rferl.org/featuresarticle/2005/06/c2984fe7-fbca-4bc1-98d3-d5d4b42bfded.html.
UN (United Nations) (2004), World Fertility Report 2003, Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Turkmenistan, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
