Turkmenistan - GOVERNMENT

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Turkmenistan - Government

The post-Soviet government of the Republic of Turkmenistan retains many of the characteristics and the personnel of the communist regime of Soviet Turkmenistan. The government has received substantial international criticism as an authoritarian regime centering on the dominant power position of President Saparmyrat Niyazov. Nevertheless, the 1992 constitution does characterize Turkmenistan as a democracy with separation of powers among the executive, legislative, and judicial branches.

Centers of Political Power

In 1994 members of the former Communist Party of Turkmenistan continued to fill the majority of government and civic leadership posts, and much of the ideologically justified Soviet-era political structure remained intact. Besides serving as head of the Democratic Party (as the reconstituted Communist Party of Turkmenistan is called) and chairman of the advisory People's Council and the Cabinet of Ministers, Niyazov also appoints the procurator general and other officers of the courts. In criticizing Turkmenistan's political leadership, experts have cited the single-party system, strict censorship, repression of political dissent, and the "cult of personality" that has formed around President Niyazov. Niyazov's name has been given to streets, schools, communal farms, and numerous other places; his portrait and sayings receive prominent public display; the country's mass media give him extensive exposure that always characterizes him in a positive light; and a law "Against Insulting the Dignity and Honor of the President" is in force.

At the same time, Western and Russian criticism generally has revealed misunderstandings and stereotypes of the political and social dynamics of the region that dilute the authority of such evaluations. Beneath the surface of the presidential image, political life in Turkmenistan is influenced by a combination of regional, professional, and tribal factors. Regional ties appear to be the strongest of these factors; they are evident in the opposing power bases of Ashgabat, center of the government, and Mary, which is the center of a mafia organization that controls the narcotics market and illegal trade in a number of commodities. Although both areas are settled primarily by Turkmen of the Teke tribe, factions in Ashgabat still express resentment and distrust of those in Mary for failing to aid the fortress of Gokdepe against the 1881 assault that led to Russian control of the Turkmen khanates (see Incorporation into Russia, this ch.).

Political behavior also is shaped by the technocratic elites, who were trained in Moscow and who can rely on support from most of the educated professionals in Ashgabat and other urban areas. Most of the elites within the national government originate from and are supported by the intelligentsia, which also is the source of the few opposition groups in the republic.

Tribal and other kinship ties rooted in genealogies play a much smaller role than presumed by analysts who view Turkmen society as "tribal" and therefore not at a sophisticated political level. Nonetheless, clan ties often are reflected in patterns of appointments and networks of power. Regional and clan ties have been identified as the bases for political infighting in the republic. For example, in the early 1990s power bases pitted the Mary district chieftain Gurban Orazov against the Ashgabat millionaire and minister of agriculture Payzgeldi Meredov, and the Teke clan's hold on power through Niyazov conflicted with the Yomud clan's hold on the oil and gas industry through minister Nazar Soyunov. In July 1994, Niyazov removed both Meredov and Soyunov from office on the basis of evidence that the two ministers had misappropriated funds obtained from the sale of state-owned resources. To correct such problems, a Ministry of Foreign Economic Relations was formed to handle exports and imports, and a Control and Revision Commission was established to review contracts with foreign firms.

According to a law passed in December 1992, all permanent residents of Turkmenistan are accorded citizenship unless they renounce that right in writing. Non-residents may become citizens if they can demonstrate that they have resided in Turkmenistan for the past seven years and that they have some knowledge of the Turkmen language. Dual citizenship with certain other former Soviet republics is permitted. The CIS summit held in Ashgabat in December 1993 resulted in an accord on dual citizenship between the Russian Federation and Turkmenistan, allowing Turkmenistan's 400,000 ethnic Russians to achieve that status.

In May 1992, Turkmenistan became the first newly independent republic in Central Asia to ratify a constitution. According to the constitution and to literature printed by the government, Turkmenistan is a democratic, secular, constitutional republic based on law and headed by a president. It is also termed a "presidential republic," one that is "based on the principles of the separation of powers--legislative, executive, and judicial--which operate independently, checking and balancing one another."

<"28.htm">Government Structure
<"29.htm">Political Parties
<"30.htm">Human Rights
<"31.htm">Foreign Policy

Turkmenistan

Turkmenistan - Government Structure

The government of Turkmenistan is divided into three branches--the executive branch headed by the president, the legislative branch consisting of the National Assembly (Milli Majlis), and the judicial branch embodied in the Supreme Court. A People's Council nominally has the ultimate power to oversee the three branches. A Council of Elders exists as an advisory body to the government, everyday affairs of which are conducted by a Cabinet of Ministers appointed by the president.

President

The office of president (t�rkmenbashi , "Leader of the Turkmen") was established in conjunction with the ratification of the 1992 constitution. The president functions as head of state and government and as commander in chief of the armed forces, serving for an elected term of five years. Presidential powers include the right to issue edicts having the force of law, to appoint and remove state prosecutors and judges, and to discontinue the National Assembly if it has passed two no-confidence votes on the sitting government (Cabinet) within an eighteen-month period. The government is administered by the Cabinet of Ministers, who are appointed by the president with National Assembly approval.

Niyazov, who was president of the Turkmen Soviet Socialist Republic at the time of independence, is a Turkmen of the Teke tribe who was born in 1940. Trained as an engineer, Niyazov rose through the ranks of the Communist Party of Turkmenistan, reaching the top of the party hierarchy as first secretary in 1985. During his tenure, Niyazov remained aloof from glasnost and perestroika , the reforms of CPSU First Secretary Mikhail S. Gorbachev, even terming Gorbachev's program "pseudo-reform." When Moscow hard-liners attempted to unseat Gorbachev in the coup of August 1991, Niyazov refrained from condemning the conspiracy until after its failure was certain. After his appointment as president of the Turkmen Soviet Socialist Republic in October 1990, Niyazov ran as an uncontested candidate in the republic's first presidential election in June 1991, winning over 99 percent of the vote. From that position, he presided over the declaration of independence in October 1991. The 1992 constitution of the independent Republic of Turkmenistan called for a new presidential election, which Niyazov won in June 1992. In January 1994, a referendum extended his presidency from a five-year term to a ten-year term that would end in the year 2002; of the 99 percent of the electorate that voted, officially only 212 voted against the extension.

Legislative Branch

The 1992 constitution provides for a legislative body called the National Assembly, a body that retains the structure and procedures of the Soviet-era Supreme Soviet. The body's fifty members are elected directly to five-year terms, and they are prohibited from holding other offices during their tenure. The National Assembly is charged with the enactment of criminal legislation and approving amendments to the constitution. It also ratifies legislative bills introduced by the president, the Cabinet of Ministers, and individual members of the National Assembly.

Supreme Court

Established by the 1992 constitution, the Supreme Court comprises twenty-two judges appointed by the president to five-year terms. Of the three branches of government, the judiciary has the fewest powers; its prescribed functions are limited to review of laws for constitutionality and decisions concerning the judicial codex or Supreme Law.

National Council

The 1992 constitution also established the National Council (Halk Maslahati) to serve as "the highest representative organ of popular power." Intended to unite the three branches of government, it comprises the president of Turkmenistan; the deputies of the National Assembly; members of the Supreme Court, the Cabinet of Ministers, and the Supreme Economic Court; sixty people's representatives elected from the districts specifically to the National Council; and officials from scientific and cultural organizations. Members of the National Council serve for five years without compensation. This body meets at the request of the president or the National Assembly, or when mandated by a one-third vote of its members. Functions of the National Council include advising the president, recommending domestic and foreign policy, amending the constitution and other laws, ratifying treaties, and declaring war and peace. In theory, its powers supersede those of the president, the National Assembly, and the Supreme Court. However, the council has been described as a kind of "super-congress of prominent people" that rubber-stamps decisions made by the other national bodies, in most cases the executive.

Council of Elders

In addition, the constitution created the Council of Elders, which is designed to embody the Turkmen tradition of reliance on the advice of senior members of society in matters of importance. According to the constitution, the president is bound to consult with this body prior to making decisions on both domestic and foreign affairs. The Council of Elders also is assigned the task of selecting presidential candidates. Its chairman is the president of Turkmenistan.

Turkmenistan

Turkmenistan - Political Parties

Although the constitution guarantees the right to form political parties, in fact the former Communist Party of Turkmenistan has retained the political control exercised by its predecessor. Opposition parties and other politically active groups have remained small and without broad support.

Democratic Party of Turkmenistan

At the twenty-fifth congress of the Communist Party of Turkmenistan held in December 1991, the party was renamed the Democratic Party of Turkmenistan, and Niyazov was confirmed as its chairman. According to its new program, the Democratic Party serves as a "mother party" that dominates political activity and yet promotes the activity of a loyal political opposition. Following a proposal of Niyazov, a party called the Peasant Justice Party, composed of regional secretaries of the Democratic Party, was registered in 1992 as an opposition party.

The Democratic Party of Turkmenistan essentially retains the apparatus of the former communist party. Party propaganda aims at explaining the need for preserving stability, civil peace, and interethnic accord. Party publications boast that its primary organizations operate in every enterprise, organization, and institution, and that its membership includes over 165,000, whereas critics claim that most citizens hardly are aware of the party's existence.

Opposition Parties

The 1992 constitution establishes rights concerning freedom of religion, the separation of church and state, freedom of movement, privacy, and ownership of private property. Both the constitution and the 1991 Law on Public Organizations guarantee the right to create political parties and other public associations that operate within the framework of the constitution and its laws. Such activity is restricted by prohibitions of parties that "encroach on the health and morals of the people" and on the formation of ethnic or religious parties. This provision has been used by the government to ban several groups.

In the mid-1990s, Niyazov described opposition groups as lacking both popular support and political programs offering constructive alternatives to existing policy. He has cited these qualities in disqualifying groups from eligibility to register as opposition parties. Insofar as such groups have the potential to promote ethnic or other tensions in society, they may be viewed as illegal, hence subject to being banned under the constitution.

Given such an environment, opposition activity in Turkmenistan has been quite restrained. A small opposition group called Unity (Agzybirlik), originally registered in 1989, consists of intellectuals who describe the party program as oriented toward forming a multiparty democratic system on the Turkish model. Unity has devoted itself to issues connected with national sovereignty and the replacement of the communist political legacy. After being banned in January 1990, members of Unity founded a second group called the Party for Democratic Development, which focused on reforms and political issues. That party's increasing criticism of authoritarianism in the postindependence government led to its being banned in 1991. The original Unity group and its offspring party jointly publish a newspaper in Moscow called Daynach (Support), distribution of which is prohibited in Turkmenistan. In 1991 these two opposition groups joined with others in a coalition called Conference (Gengesh), aimed at effecting democratic reforms in the republic.

Turkmenistan

Turkmenistan - Human Rights

President Niyazov has stated his support for the democratic ideal of a multiparty system and of protection of human rights, with the caveat that such rights protect stability, order, and social harmony. While acknowledging that his cult of personality resembles that of Soviet dictator Joseph V. Stalin, Niyazov claims that a strong leader is needed to guide the republic through its transition from communism to a democratic form of government.

Although the Niyazov government has received consistent criticism from foreign governments and international organizations such as Helsinki Watch for its restrictive policies toward opposition groups, in general the government has not taken extreme steps against its political opposition. In 1993 no political prisoners, political executions, or instances of torture or other inhumane treatment were reported. The government has made conscious efforts to protect equal rights and opportunities for groups of citizens it considers benign. Such measures have been applied especially in safeguarding the security of Russian residents, who receive special attention because they offer a considerable body of technical and professional expertise.

Nevertheless, government control of the media has been quite effective in suppressing domestic criticism of the Niyazov regime. In addition, members of opposition groups suffer harassment in the form of dismissal from jobs, evictions, unwarranted detentions, and denial of travel papers. Their rights to privacy are violated through telephone tapping, electronic eavesdropping, reading of mail, and surveillance. United States officials have protested human rights violations by refusing to sign aid agreements with Turkmenistan and by advising against economic aid and cooperation.

Turkmenistan

Turkmenistan - Foreign Policy

Turkmenistan has declared "positive neutrality" and "open doors" to be the two major components of its foreign policy. Positive neutrality is defined as gaining international recognition of the republic's independence, agreeing upon mutual non-interference in internal affairs, and maintaining neutrality in external conflicts. The open- doors policy has been adopted to encourage foreign investment and export trade, especially through the development of a transport infrastructure. Turkmenistan gained membership in the United Nations (UN) in early 1992.

Background

Pervasive historical and geopolitical factors shape Turkmenistan's foreign policy. With the removal of the protective Soviet "umbrella," the foreign policy tasks facing independent Turkmenistan are the establishment of independent national security and economic systems, while coping with the long legacy of existence in the empires of tsarist Russia and the Soviet Union. As of 1996, all of Turkmenistan's gas pipelines went north into the Russian Federation or other CIS states, thus subordinating sectors of its economic development to that of relatively poor countries. Because Turkmenistan lacks a strong military, independence depends on establishing military pacts with Russia and on developing balanced diplomatic and economic ties with Russia and neighboring countries (see Role of Russia and CIS, this ch.).

Turkmenistan's geographical location close to conflict-riven Afghanistan and Tajikistan also requires a guarded posture toward the irredentist and Islamic forces at play in those countries. Concern over border security was heightened by an incident in October 1993 when two Afghan jets bombed Turkmen territory, despite recent talks with Afghan officials aimed at ensuring equality and non-interference.

Turkmenistan's status as an Islamic state also affects Turkmenistan's relations with Iran and Saudi Arabia. Although in need of the foreign aid and developmental opportunities offered by these countries, Turkmenistan's government also endeavors to blunt any perceived threats to its secular status that arise from Muslim activists. The Turkic identity of the bulk of its population thus far has not proven to be a significant factor in foreign affairs because Turkmenistan must compete with other Central Asian Turkic republics for markets and for closer socioeconomic ties with Turkey.

An important historical factor in current policy is that prior to independence the Soviet government conducted Turkmenistan's foreign affairs. The only involvement of republic officials in international relations was in the form of ceremonial contacts aimed at showcasing Soviet nationality policy by presenting Turkmenistan as a developmental model for Third World countries.

<"32.htm">Foreign Relations Issues
<"33.htm">The United States
<"34.htm">Western Europe
<"35.htm">Asian Neighbors
<"36.htm">CIS Relations
<"37.htm">Caspian Sea Issues

Turkmenistan

Turkmenistan - Foreign Relations Issues

Since independence, Turkmenistan has taken major initiatives by making national security and economic development agreements. Security agreements have focused on military cooperation with Russia and on border security with Iran and Afghanistan. In the economic area, President Niyazov has concentrated on developing gas and oil exports and the pipeline transport infrastructure, especially in cooperation with Iran, Turkey, and Pakistan.

A recent transportation dispute underscored the urgency of Turkmenistan's finding a new pipeline route by which to send its natural gas to Europe through Iran and Turkey. From February through September 1992, Turkmenistan was engaged in a gas-transport price war with Ukraine that provoked the latter to withhold food shipments. In addition, Ukraine refused to transship 500 tons of Turkmenistan's cotton to Turkey, prompting an ambitious program to build Turkmenistan's railroad links with its southern neighbors.

Turkmenistan

Turkmenistan - The United States

Initial concern over human rights policy delayed United States recognition of Turkmenistan's independence until after February 1992, when alarms over Iran's ventures in Central Asia brought a reevaluation of United States policy. Relations declined in September 1993 when the United States cut trade credits to Turkmenistan to protest the arrest of four human rights activists. Generally, such human rights violations have not impeded relations between the two countries, however. Alexander Haig, former United States secretary of state, acting as consultant to President Niyazov, played a leading role in negotiating most-favored-nation trading status for Turkmenistan in 1993.

Turkmenistan

Turkmenistan - Western Europe

President Niyazov has visited European countries and received European delegations to promote foreign investments, diplomatic ties, and applications for membership in international aid organizations. During talks with officials of the North Atlantic Treaty Organization (NATO--see Glossary) in 1993, Niyazov stated that Turkmenistan would welcome NATO assistance in the creation of its national armed forces. In April 1994, French President Fran�ois Mitterrand visited Ashgabat, where he signed agreements on investments, cultural exchange, and tariffs. At that time, France also allocated US$35 million in trade credits for the construction of a presidential palace. In November 1994, Niyazov toured Austria, Romania, and Slovakia to attract oil and gas investments.

Turkmenistan

Turkmenistan - Asian Neighbors

After the Russian Federation, Turkmenistan has established its closest relations with Iran, especially on issues of joint concern within the Economic Cooperation Organization (ECO--see Glossary), but also on issues of border security, transport cooperation, cultural exchange, and business ventures. In 1993 the two countries signed a joint statement emphasizing territorial sovereignty and non-interference in Tajikistan. At the same time, Turkmenistan's diplomats conveyed concern over the controversial agreement between Iran and Russia to build a nuclear power plant near the Caspian Sea and the Turkmenistan border.

In January 1994, Niyazov made an official visit to Tehran, and the two countries held a second round of talks in Ashgabat in June to create an intergovernmental center for consultation and coordination on socioeconomic questions. According to bilateral agreements, Iranian specialists will aid in renovating the Turkmenbashy Oil Refinery and the Mary Cotton Processing Plant, building the Turkmenistan-Iran-Europe Gas Pipeline, and constructing the Ashgabat-Tehran, Mary- Mashhad-Turkmenbashy, and Gudurol-Gorgan highways. In January 1996, Niyazov signed agreements with Iran linking the two countries' electric power networks, a joint dam on the Hari River, and cooperation in oil, gas, and agriculture. A joint statement expressed concern about Azerbaijan's exploitation of Caspian Sea resources, although Turkmenistan generally has sided with Azerbaijan and Kazakstan, and against Iran and Russia, on resource rights in the Caspian.

Contrary to initial expectations that Turkey would play a "big brother" role in Turkmenistan's social and cultural development following independence, Turkmenistan charts its own course in such matters. An example is the adoption of a Latin script that owes little if anything to that used for Turkish. However, Turkey has played a prominent role in the development of Turkmenistan's economic potential. Turkish firms are constructing US$1 billion worth of enterprises, stores, and hotels in Turkmenistan. The Turkish Development and Cooperation Agency manages a slate of projects in agriculture, civil aviation, education, health care, minerals extraction, reconstruction of infrastructure, initiation of small enterprises, and construction of a complex of mosques and religious schools. Turkish high schools and universities are hosting more than 2,000 Turkmenistani students, and, in 1994, Turkey began daily four-hour television broadcasts to the republic.

Because of continuing fragmentation of political power in neighboring Afghanistan and concern that civil strife in that country could threaten the security of its borders, Turkmenistan's government pursued direct agreements with the northern Afghan leader General Abdul Rashid Dostum, an ethnic Uzbek. With the support of Uzbekistan's Karimov regime, Dostum had carved out an Uzbek domain controlling 600 of the 850 kilometers along the Afghan-Turkmen border. In July 1993, President Niyazov discussed border security with officials from northern Afghanistan, resulting in the establishment of consulates in the Afghan cities of Mazari Sharif and Herat. Talks in 1994 focused on building a railroad link and supplying electricity to Herat. A direct telephone communications line was completed connecting Ashgabat and Mary with Herat.

Besides initiatives taken under the aegis of the ECO, Turkmenistan signed a cooperation agreement with Pakistan in late 1991 and obtained a promise of US$10 million in credit and goods from Pakistan in 1992. The two countries signed memoranda in 1995 for the construction of a gas pipeline from Turkmenistan through Afghanistan to Pakistan. The Bridas company of Argentina was engaged to do a feasibility study for the pipeline.

Turkmenistan

Turkmenistan - CIS Relations

Turkmenistan has been hesitant to sign economic agreements within the CIS framework. Niyazov has criticized the weakness of CIS mechanisms and proposed a new CIS structure that would be exclusively consultative in nature. As an example of its approach, Turkmenistan declined to attend the Surgut Conference with Russia and Kazakstan (1994), whose goal was to stabilize falling gas and oil output, stating that the domestic gas industry was sufficiently stable without CIS investment funds. At that time, Russian Federation deputy prime minister Aleksandr Shokhin declared that Turkmenistan must decide whether it is with the CIS countries or not. Despite such friction, Turkmenistan has maintained close bilateral economic and military ties with Russia.

Regional cooperation among Central Asian republics has not been as profound as anticipated upon the dissolution of the Soviet Union. In 1993 the other four Central Asian republics accounted for about one-fifth of Turkmenistan's imports and exports. Turkmenistan has followed its own path in all areas of post-Soviet reform, preferring bilateral to regional agreements in the economic sphere; for example, it has agreed to supply Kazakstan with electricity in return for grain. The decisions of all five republics to switch to Latin-based alphabets will not necessarily have the expected result of improving cultural ties because the romanization of distinct sounds in the respective languages will be far from uniform. Fragmentation is evident also in the introduction by all five nations of separate national currencies.

Turkmenistan

Turkmenistan - Caspian Sea Issues

An important goal of Turkmenistan's foreign policy is working in international groups to solve a range of issues involving the Caspian Sea. That body of water, which affords Turkmenistan a 500-kilometer coastline with numerous natural resources, including oil and fish, is threatened by extreme levels of pollution, as well as fluctuating water levels. In August 1993, Turkmenistani delegates attended a meeting in Moscow to discuss the status of international claims to jurisdiction over the Caspian Sea and its resources. Treaties between the Soviet Union and Iran dating from 1921 and 1940 gave each country free navigation and fishing rights within ten miles (sixteen kilometers) of the entire Caspian coastline, putting other coastal nations at a disadvantage. A second issue is the cartel formed by Turkmenistan, Kazakstan, Russia, Azerbaijan, and Iran to control sales of Caspian caviar on the world market as a means of preventing individual Caspian Sea states from selling too much to obtain hard currency. Thus far, however, the cartel lacks an enforcement mechanism. Turkmenistan is a member of the Caspian Sea Forum, which includes all the nations bordering the sea. Until 1995 that organization had not taken concrete action to limit pollution by oil extraction and shipping activities of the member countries, however. In late 1994, Turkmenistan joined Kazakstan, Azerbaijan, and Russia in forming the Caspian Border Patrol force for joint border security (see Military Doctrine, this ch.). In 1995 and 1996, friction increased among the Caspian states as Iran and Russia exerted pressure for the sea's resources to be divided equally among the group, a formula that would pervent the other three countries from taking advantage of their proximity to rich offshore oil deposits.

Turkmenistan