Turkmenistan (CESCR 31-10-2018)
The Committee on Economic, Social and Cultural Rights considered the second periodic report of Turkmenistan (E/C.12/TKM/2) at its 40th and 41st meetings (see E/C.12/2018/SR.40 and 41) held on 1 and 2 October 2018, and adopted the present concluding observations at its 58th meeting, held on 12 October 2018.
C. Principal subjects of concern and recommendations
- The Committee is concerned that:
(a) There is no comprehensive anti-discrimination legislation in the State party and that the existing legal provisions are partial and fragmented;
(b) There is a strong stigmatization of lesbian, gay, bisexual, transgender and intersex persons and discrimination against them is not prohibited. Furthermore, under section 135 of the Criminal Code, homosexual acts between adult men is punished by a prison sentence of up to two years;
(c) Persons with HIV/AIDS continue to face discrimination in the areas of marriage and travel;
(d) The “third-generation test” discriminates against ethnic minorities, in particular in the areas of employment, registration and housing (art. 2 (2)).
- The Committee recommends that the State party:
(a) Adopt comprehensive anti-discrimination legislation that provides a definition of direct and indirect discrimination and includes all the grounds for discrimination set out in article 2 (2) of the Covenant, taking also into account the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights;
(b) Repeal section 135 of the Criminal Code;
(c) Step up efforts to eliminate discriminatory provisions against persons with HIV/AIDS, and effectively enforce the relevant legal provisions and promote awareness-raising campaigns;
(d) End the practice of third-generation tests and ensure that ethnic minorities have access to employment, registration and housing without discrimination.