A joint report by Human Rights Watch and the Turkmenistan Helsinki Foundation, titled “It’s Like I Live in a Cage”, exposes the severe consequences of Turkmenistan’s refusal to renew or replace passports for its citizens living abroad, particularly in Türkiye. This policy undermines migrants’ basic rights, violates international obligations, and imposes significant hardships on Turkmen migrants.
Key Consequences for Turkmen Migrants in Türkiye
According to the International Organization for Migration 200,000 – 300,000 Turkmen migrant workers were living abroad in 2016. An estimated 1.2 million Turkmen citizens reside in Türkiye as of September 2024. Without valid passports Turkmen migrants in Türkiye become undocumented and face severe consequences including:
- Loss of Legal Status and Rights: Without valid passports, Turkmen migrants cannot obtain or renew residence or work permits, leaving them undocumented. This limits basic activities like signing leases, opening bank accounts, buying SIM cards, or traveling domestically while exposing them to constant fear of deportation.
- Exploitation in Employment: Lacking proper documentation forces migrants into informal jobs without labor protections, making them vulnerable to exploitation, and unsafe working conditions.
- Inadequate Housing: Migrants without valid documents cannot sign leases, leading to overcrowded and unsafe living conditions, often relying on others with valid papers.
- Healthcare Barriers: Undocumented migrants are excluded from Turkish social security and health insurance systems. Many either pay for expensive private clinics or avoid treatment altogether, even in emergencies, due to fear of deportation.
- Education Denied to Children: Turkmen authorities’ refusal to issue birth certificates for children born in Türkiye, combined with the lack of valid parental passports, prevents children from enrolling in schools, jeopardizing their education and future prospects.
- Obstacles to Family Life: Without valid passports, migrants cannot obtain marriage certificates, further complicating their family life and legal status.
Violation of National and International Obligations
- Turkmen Law on Migration (Article 29): Turkmenistan violates its own law, which allows citizens abroad to apply for passport renewals through consulates. Authorities justify this by claiming biometric data can only be verified in Turkmenistan, ignoring alternatives like sending passports between consulates and central agencies.
- International Covenant on Civil and Political Rights (ICCPR): Under Article 12, everyone has the right to freedom of movement, including access to travel documents. Turkmenistan’s refusal to issue passports breaches this guarantee.
- Convention on the Rights of the Child (Article 7): By failing to issue birth certificates for children born abroad, Turkmenistan denies children a legal identity, nationality, and access to education. For example, in Türkiye a document confirming the child’s identity and foreign identity number is required to enroll in school.
- Vienna Convention on Consular Relations (Article 5): Consulates are obligated to issue travel documents and assist nationals abroad, a duty Turkmenistan has failed to fulfill.
Recommendations to the Government of Turkmenistan:
- Streamline Passport Services: Authorize consulates to renew, reissue, or replace passports and issue temporary travel documents for those waiting on renewals.
- Extend Passport Validity: Reinstate COVID-era decrees prolonging passport validity for citizens abroad.
- Ensure Freedom of Movement: Comply with ICCPR Article 12, allowing all citizens, including critics, to freely leave and return to Turkmenistan on valid passports.
- End Arbitrary Travel Bans: Provide written justifications for bans, allow appeals, and ensure bans are lawful and time-limited.
- Stop Persecution of Activists and Their Families: Cease harassment, threats, and travel restrictions against activists abroad and their relatives in Turkmenistan.
This restrictive policy not only isolates Turkmen migrants but also violates fundamental human rights, leaving citizens stranded without legal protections, access to services, or hope for a better future.
