Key Challenges Remain
In October 2024 the Sub-Committee on Accreditation (SCA) published its Report and Recommendations. The Office of the Authorized Representative for Human Rights in Turkmenistan (or the Ombudsman) was accredited with status B, meaning it is partially compliant with the Paris Principles. In our previous article we shared our concerns for why the accreditation of the Ombudsperson will change very little for human rights in Turkmenistan.
The Paris Principles, adopted by the UN in 1993, set international standards for National Human Rights Institutions (NHRIs), requiring them to protect and promote human rights through complaint resolution, education, and government oversight. They emphasize independence, a broad human rights mandate, adequate resources, and investigative powers to ensure NHRIs operate effectively and autonomously.
The SCA distinguishes between issues it “notes with concern” and those it merely “notes“, with the former being the primary reasons for denying A status. For Turkmenistan, the SCA’s use of “notes with concern” suggests listed issues are critical, and without addressing them, the Committee is unlikely to reconsider its evaluation. Below are the major issues raised by SCA:
Addressing Human Rights Violations
- Inadequate Focus on Systemic Violations: While the Ombudsperson reports on complaints related to housing, labor rights, and healthcare, it fails to address severe and systemic violations such as torture, enforced disappearances, and secret detentions as documented by the Human Rights Committee (CCPR 2023).
- Accessibility of Complaint Mechanisms: Third-party reports indicate the Ombudsperson’s complaint mechanisms are neither accessible nor responsive to victims or civil society. There is limited capacity to process individual complaints or ensure reparations for victims of human rights violations.
- Failure to Promote Human Rights: The Ombudsperson has not adequately responded to credible allegations of serious human rights violations, raising doubts about its ability to protect human rights effectively.
Mandate and Legislative Gaps
- Time Limit for Complaints: Article 22(1) of the Law of Turkmenistan About Ombudsman restricts complaints to one year from when the applicant became aware of the rights violation, extendable by six months. This limits the Ombudsperson’’s ability to address historical or ongoing human rights violations.
- No Mandate for Complaints from Private Actors: The Law does not explicitly allow the Ombudsperson to handle complaints from private entities.
- Detention Monitoring: The staff lacks the legal mandate to independently conduct or participate in monitoring visits to detention facilities, as observed by the Human Rights Committee.
Interaction with International Human Rights Systems
- Limited Engagement: The Ombudsperson has minimal interaction with international mechanisms such as the United Nations Treaty Bodies and Human Rights Council, including a lack of parallel reports and substantive contributions.
Selection and Appointment Process
- Lack of Independence and Transparency: Article 4(1) allows the President to propose three candidates, limiting transparency and consultation with civil society. There is no public advertisement of vacancies, nor mechanisms for civil society participation, undermining the independence of the process.
Cooperation with Civil Society
- Lack of Engagement: Reports from third parties highlight minimal cooperation with civil society organizations, reflecting an unwillingness to address credible allegations of human rights violations.
Annual Reports
- Superficial Reporting: Article 20 mandates the Ombudsperson to report to the President and Parliament but does not ensure the identification of serious human rights issues or actionable recommendations. Reports are not widely circulated or meaningfully discussed within the legislature.
Funding and Regional Representation
- Insufficient Funding: The Ombudsperson lacks regional representation and adequate funding to ensure accessibility and effective operations. Salaries and benefits for staff are not comparable to similar roles in other independent institutions.
- External Funding Restrictions: Article 43(6) allows foreign funding but leaves room for restrictions by national legislation or treaty requirements, potentially compromising Ombudsperson’s independence.
Staff Protection
- Lack of Immunity: While Article 11 provides immunity to the Ombudsperson and their deputy, it does not extend such protection to staff, leaving them vulnerable to criminal or civil liability. This undermines independence and public confidence in the institution.
The SCA emphasizes the need for legislative reforms and improved practices to align the Ombudsperson with the Paris Principles, ensuring its effectiveness and independence in protecting human rights in Turkmenistan. The SCA also provided detailed recommendations to address the above shortcomings.
