Turkmenistan: GOVERNMENT

GOVERNMENT



Overview: Turkmenistan’s government nominally has three independent branches. However, since winning an uncontested presidential election in 1992 President Saparmurad Niyazov has effectively dominated governance in all branches and at all levels. Political opposition reportedly is nearly non-existent.



Executive Branch: The constitution of 1992 calls for the president to be elected directly to a maximum of two five-year terms. However, since the parliament named him president for life in 1999, Niyazov no longer is required to stand for reelection. He also sits as head of government (the Council of Ministers), commander of the armed forces, and chairman of the parliament. Niyazov appoints all members of the cabinet and national judiciary, as well as chief executives of local and regional jurisdictions. The domination of the president has been likened to that of President Kim Il Sung, the now deceased president of North Korea. Niyazov appoints the members of the Council of Ministers, which is entrusted with day-to-day governance. In 2005 the Council of Ministers included 21 ministers and the chairman of the State Bank. The only ministries with significant power are those of defense, national security, and justice, all of which are important instruments of domestic repression or national security. A Council of Elders, including representatives of Turkmenistan’s five tribal confederations, nominally provides advice to the president. In March 2005, Niyazov dismissed Deputy Prime Minister Rashid Meredov, who was considered a potential political rival.



Legislative Branch: After the parliamentary elections of 1999, the Majlis (parliament), by that time made up only of members from Niyazov’s party, received nominal new powers, including a mandate to form committees examining a wide range of public policies. However, because all members of that body are of Niyazov’s party, this mandate is meaningless and the Majlis has been a rubber-stamp body. Another one-party Majlis election was held in 2004. In 2003 an arbitrarily ratified constitutional amendment effectively replaced the Majlis as the chief legislative body with the Khalk Maslakhaty (National Council), a 2,507-member, unicameral body that previously had exercised vague executive, judicial, and legislative powers. Only 65 of that body’s members are popularly elected; the remainder are ex officio members or are appointed by the president, who also is presiding officer. The Khalk Maslakhaty, which now sits continuously, received the power to dissolve the Majlis and to make constitutional law.



Judicial Branch:. The only national court is the Supreme Court, whose 22 members are appointed by the president without legislative review to five-year terms. The president also has the authority to dismiss any judge. There is no constitutional court.



Administrative Divisions: Turkmenistan is divided into five provinces, which in turn are divided into a total of 50 districts. The city of Ashgabat has the status of a province.



Provincial and Local Government: Governors of the provinces are appointed by the president. District heads, known as hekims, are appointed by the governors. Local and provincial councils are elected directly. Although the districts send representatives to the Khalk Maslakhaty, they have no power because of the dominance of the president over that body. The president has dismissed provincial governors frequently.



Judicial and Legal System: Although the constitution calls for an independent judiciary, in practice the judicial branch is under the control of the president because of his authority to appoint and dismiss judges. Below the national level are five provincial courts and a separate court for the city of Ashgabat. Within the provinces are a total of 61 district and city courts. Civilian courts hear criminal cases against members of the military. The decisions of lower courts may be appealed at the next level. The procurator’s office conducts all criminal investigations. Although the constitution states the right to counsel, few lawyers are available to represent defendants.



Electoral System: Elections nominally are organized by the Central Election Commission, a rubber-stamp organization whose members are named by the Khalk Maslakhaty. In the presidential election of 1992, no opposition candidates were allowed to stand, in 1997 the presidential election was canceled by referendum, and in 1999 the parliament declared Niyazov president for life. Nevertheless, Niyazov has promised a new presidential election by 2010, in which he will not run. In the local elections of 2003, all candidates were nominated by Niyazov’s administration or by the Ministry of National Security.



Political Parties: The only legal party is the Democratic Party of Turkmenistan, which evolved from the Soviet-era Communist Party of Turkmenistan. Because of Niyazov’s complete dominance of political life, the Democratic Party has little significance. The two major opposition parties were forced into exile in the early 1990s. In the mid- and late 1990s, some large-scale protests were stimulated by specific events. Some small underground political groups exist in Turkmenistan, and three major opposition groups operate from exile: Gundogar and Moscow-based Erkin are led by former officials of the Niyazov government, and the coalition Union of Democratic Forces, formed by four exile opposition groups, is based in Vienna.



Mass Media: The Niyazov regime has concentrated heavily on gaining full control of the media. The government funds nearly all newspapers, and criticism of the president is absolutely forbidden. State licensing policy effectively eliminates all outlets not reflecting official views. To avoid reprisal, domestic and foreign journalists engage in self-censorship. In 2003 the newspapers with the largest circulation were Mugallymlar gazeti (Teacher’s Newspaper), Adalat (Justice), and Vatan (Motherland). Most newspapers appear weekly or three times weekly. The only news agency is the Turkmen State News Service; the Anadolu Agency of Turkey maintains an office in Ashgabat. Broadcasting is under the full control of the National Television and Radio Company of Turkmenistan, which operates four national television channels. No recent information on radio stations is available.



Foreign Relations: The strict neutrality policy of the Niyazov regime has limited Turkmenistan’s foreign relations except when natural gas and oil are concerned. Increased Western attention to the region following the September 11, 2001, attacks has not appreciably reduced Turkmenistan’s isolation. Because the main prerequisite for foreign relations has been the maintenance of primary routes and markets for fuel exports, Russia and Ukraine are important partners. In the early 2000s, Belarus and Turkey also established significant trading relationships with Turkmenistan. Despite Iran’s international isolation, Turkmenistani policy makers have seen that country as an important partner and counterweight to Russia. Relations with Azerbaijan are strained because of differing approaches to ownership of Caspian Sea resources, and Turkmenistan and Uzbekistan have long-standing differences over their respective treatment of the other country’s minority populations and over Uzbekistan’s moves toward regional dominance. Relations with Afghanistan have gained importance in the early 2000s with the prospect of a trans-Afghan pipeline moving Turkmenistani gas to markets in India and Pakistan. After September 11, Turkmenistan offered humanitarian but not military aid to the U.S. campaign in Afghanistan, rejecting what was considered a good opportunity to expand U.S. relations. Turkmenistan’s political climate and human rights record have discouraged Western countries from seeking new relations.



Membership in International Organizations: Turkmenistan is a member of the following international organizations: the Asian Development Bank, Commonwealth of Independent States, Euro-Atlantic Partnership Council, European Bank for Reconstruction and Development, Food and Agriculture Organization, Industrial Development Bank, International Bank for Reconstruction and Development, International Finance Corporation, International Labour Organization, International Monetary Fund, International Organization for Migration (observer status), International Telecommunication Union, Organisation for the Prohibition of Chemical Weapons, Organization for Security and Co-operation in Europe, Partnership for Peace (of the North Atlantic Treaty Organization, NATO), United Nations, United Nations Committee on Trade and Development, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, Universal Postal Union, World Customs Organization, World Federation of Trade Unions, and World Health Organization.

Major International Treaties: Among the multilateral treaties to which Turkmenistan is a signatory are the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, Convention on Long-Range Transboundary Air Pollution, Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, Geneva Conventions (1949), International Covenant on Economic, Social and Cultural Rights, Montreal Protocol on Substances That Deplete the Ozone Layer, Treaty on the Non-Proliferation of Nuclear Weapons, United Nations Convention to Combat Desertification, and United Nations Framework Convention on Climate Change (including the Kyoto Protocol).