Topic: Freedom of Expression and Media in Turkmenistan

Submitted by: Umair Javed

Roll No: 901-BH-PS-13

Session: 2013-2017

Class: BA(Hons)

Semester: 8th

Submitted to: Sir Manzor Elahi

Government College University Lahore

Introduction

Turkmenistan government is unabashedly controlling state of affairs in country where freedom

of expression is continuously threatened despite the tall claims of government for granting Media
Freedom to private media outlet. Turkmenistan first ever laws about Media was adopted in
December 2012. These guarantee freedom of Media and prohibited censorship and other
activities of government.

Denizens of Turkmenistan are living in state of intimidation where they are not allowed to
criticize the bad policies of government and gross misconduct of government officials. However,
they are obstructed not to contact to outer world and they are living in continuous isolated inertia
like self-containment where they cannot get conscious about their rights. Moreover subject-like
political culture is dominated in the country.

State party maintains the Soviet-era propiska sytem of compulsory registration at the place of
residence, saying, such kind of system may interfere with the privileges of freedom of
movement. Currently the propiska system remains in force and continues to be enforced in ways
that limit freedom of movement and other fundamental rights of residence. At the same time, the
procedure for obtaining registration at the place of residence is often very complicated and
cumbersome, especially in the capital and other large cities.
Many citizens who move from other parts of country to capita in search of jobs face severe kinds
of problems for residence because registration process is so complicated that no one can easily
settled in large cities, this make condition of migrants vulnerable. Police raids, detention and the
deportation of hundreds of people from Ashgabat and Turkmenbashi due to the lack of residence
registration in recent months are on rise. President issued decree in February 2016 which
introduced new hurdles to working in Ashgabat for resident who are not registered in the capital.

Dozens of individuals remain imprisoned on charges believed to be trumped-up after being

convicted in unfair trails surrounded by secrecy. Many of these have disappeared in prison, with
their family members not having received any information about them for years and not knowing
whether they are still alive. These include Foreign Minister Boris Shikmuradov, as well as other
individuals convicted after the alleged assassination attempt on late President Saparmurat
Niyazov in 2002. In January 2017, it was reported that Tirkish Tyrmyev, another former top
official who was jailed during the President Niyazovs era and whose fate has been unknown,
had died in custody after spending almost 15 years behind bars.

In recent development, Turkmenistani authorities have reportedly carried out mass detentions of
purported followers Turkish cleric Fathullah Gulen following the failed July 2016 coup attempt
in Turkey, which he has been accused of masterminding. There are serious allegation that
individuals detained as part of this crackdown have been arbitrarily held for extended periods
and subjected to torture and ill-treatment.

Censorship in Practice
The constitutions nominal protections for press freedom and freedom of expression are not observed in
practice. As previously, there is no independent media in the country, and all national media outlets are
tightly controlled by the authorities. According to Global Press Freedom Index published by the NGO
Reporters without Borders, Turkmenistan stands at 178th among the 180 countries in 2016, with only
North Korea and Eritrea behind. While the president formally gave up his role as founder of sate print
media in 2013, this did not result in any relaxation of censorship practices: government officials
continue to keep a closer eye at the content of newspaper, fearing to be held accountable for any
articles that may displease the president. For similar reasons, self-censorship is everywhere among the
editorial boards of newspapers. Programs broadcast on national TV channels are pre-screened.

The import and sale of foreign newspaper is restricted, although the new Media Law specifically
protects the rights of citizen to enjoy unimpeded access to foreign media products. Moreover, the
authorities have implemented arbitrary campaigns to dismantle private satellite dishes, which have
been argued to spoil the outer appearance of apartment buildings, thus restricting access to information
from foreign TV and radio channels. While residents whose satellite dishes have been removed have
been promised that cable TV or internet protocol television(IPTV) will instead be installed in their
houses, such promises have come with strings on the content and residents have been requested to
cover the costs of the new installation themselves.
Turkmenistans Human Right Action Plan for 2016-2020 says that everyone will be granted unobstructed
access to the internet. The Law on the Legal Regulation of Development of the Internet and the
Provision of Internet Services, which was adopted at the end of 2016, states that the government will
take measures to promote internet access, promote fair competition in the field of internet services and
boost internet infrastructure. However, at the same time, this law provides for undue restrictions on
access to online content, e.g. by prohibiting the dissemination of information that is considered
slanderous or that rejects family values among children. While welcoming that the new lays
grounds for better internet access, the OSCE(Organization for security and cooperation in Europe)
Representative on Freedom of the Media expressed concern that it provides for disproportionate
limitation on online content for overly broadly defined activities.

Political Environment

Censorship remains extensive, and an atmosphere of fear discourages reporting on a wide range
of sensitive topics. While public criticism of the government remained virtually nonexistent in
2014, the Turkmen service of Radio Free Europe/Radio Liberty (RFE/RL) reported in April that
dozens of individuals had recently contacted the outlet with complaints about the government
and low living conditions. Some of those individuals had even consented to being identified and
filmed.

Journalists who are critical of the government are blacklisted and face restrictions on both
international and domestic travel. The few independent media professionals who remain in the
countryand at times even their relativesface persecution, attacks, harassment, and
surveillance. RFE/RL is among the few remaining independent sources of information on
Turkmenistan, even though the government has failed to reply to the outlets requests for the
accreditation of its journalists.

In 2014, several RFE/RL journalists faced interference from security forces while attempting to
cover newsworthy events on multiple other occasions throughout the year. One local RFE/RL
correspondent was detained at a local police station for attempting to report on long lines for
tickets at a train station in Mary. Police questioned another RFE/RL correspondent for six hours
for attempting to report on a long line for automobile certification.

No information was available at years end on the death of human rights activist and journalist
Ogulsapar Muradova, who died in prison in 2006 as a result of severe beatings, according to her
family and human rights groups. The government has refused requests to account for her death.
Economic Environment

There are approximately 39 newspapers, four state radio broadcasters, seven television stations,
and one press agency active in Turkmenistan. State-run newspapers are used to disseminate
government propaganda and ignore many issues that are relevant to Turkmen citizens. With
more than 100,000 subscribers, the Turkmen Dili newspaper has the largest circulation in the
print market. The government forces institutions and individuals to subscribe to state
newspapers, which are reportedly not widely read. The privately owned business magazine
Rysgal is produced by the government-controlled Union of Industrialists and Entrepreneurs. In
2012, Rysgal owner and Berdymukhammedov ally Aleksandr Dadayev helped to establish the
new Party of Industrialists and Entrepreneurs, nominally ending the political monopoly of the
ruling Democratic Party of Turkmenistan. In practice, the new party is loyal to the regime.

Authorities maintain a ban on almost all foreign newspapers and periodical subscriptions
including Russian newspapersand routinely confiscate foreign publications from travelers.
Many citizens have some access to international media through satellite dishes: Russian and
Turkish television channels, as well as the France-based Euronews, are available via satellite.
Repeated government attempts to crack down on such receivers have been largely unsuccessful,
but cost barriers continue to limit access to satellite television. In late 2013, the government
announced plans to launch its first telecommunications satellite, to be made by the French firm
Thales Alenia Space and controlled by the Turkmenistan National Space Agency. The satellite
had not been launched by the end of 2014.

Fixed-line internet services are provided primarily by Turkmen Telecom, while Russian operator
Mobile TeleSystems (MTS) dominates the mobile market. The company was allowed to return in
2012 after being expelled by the government in 2010. MTS provides a faster connection speed
than the state-owned Altyn Asyr and allows users to access banned social media. The
Communications Ministry oversees and controls both Altyn Asyr and Turkmen Telecom. Access
to the internet is intermittent, slow, and highly restricted. Opposition and foreign news websites,
including Gundogar.org and Ferghana.ru, are blocked, as are social-networking platforms like
Facebook, Twitter, LiveJournal, and YouTube. These websites are, however, available through
proxy servers. Mobile messaging applications such as WeChat, WhatsApp, and Viber have been
blocked since November 2013. Authorities monitor electronic correspondence and internet
activity. State agents posing as ordinary users regularly publish provocative comments on
Russian social-networking websites such as Odnoklassniki.ru to draw unwitting users into
criticism of the government, for which they can be punished. Internet cafs require visitors to
present identification documents, and monitor users online activities. It is also necessary to
present identification when purchasing a SIM card. Continued government restrictions and high
costs kept the internet penetration rate low in 2014. Approximately 12.2 percent of Turkmen
citizens accessed the internet in 2014.
Banns and Restrictions

Former Turkmenbashi Saparamurat Niyazov banned playing of video games, listening to car radios,
performing opera and ballet, smoking in public, long hair on men, and even growing facial hair. It has
been speculated that the latter ban was enacted to enforce conformity of appearance. Niyazov ordered
the closure of all libraries outside the capital of Ashgabat in the belief that all Turkmen are illiterate.
News anchors, both men and women, were prevented from wearing any sort of make-up after Niyazov
discovered he was unable to tell the difference between them when the presenter wore it. In 2008, the
bans of ciruses and operas were reversed,b ut the current leader Gurbanguly Berdimuhammedow
banned the importation of cars and trucks produced before 2000.

Free Speech

The constitution of Turkmenistan states that citizens have freedom of speech but it is well known
that the government does not uphold this promise. While the country has seen more obstruction
of freedom of the press, it has experienced regulation for speech as well. The government
validates their freedom of speech oppressions by fabricating false situations to punish any
dissidents they feel are speaking out of place. They implement arbitrary systems, and false
accusations to give the impression of a democratic government that is rightfully punishing its
rebellious citizens. International commentaries from surrounding countries such as Europe
regard the Turkmen government as shameful and negligent.

Although none of these regulations remain active, the early limitations on speech have had a
great impact on Turkmenistans current legislation. Turkmenistans early president, Niyazov,
made a point to eliminate all independent academic and artistic expression. In 2001, he ruled that
ballet, opera, and classical music were not to be part of Turkmen culture, stating it was against
the spirit of the Turkmen people. He also targeted literature, in which he blacklisted several
Turkmen authors, removed their books from public reach, and from all school curriculums.

A more recent scenario that took place under the current presidents rule involves Farid
Tukhbatullin, a human rights activist from Turkmenistan, who was imprisoned and exiled from
the country for his work, which involved political opposition. Not only has his work affected him
personally but it has also affected the life of his family that remains in Turkmenistan. His
brother, Rusian Tukhbatulum, had plans to travel to Istanbul to visit Farid but was told that he
was entirely banned from any foreign travel by the Turkmen government. While it was clear that
he was being punished by association, the government fabricated a lie as to why he had to stay in
the country. They insisted that he was of interest to the Turkmen army and was possibly going to
have to re-enlist. Yet the government had continuously tormented his family with interrogations
about his brother and threats of being punished for treason. The Turkmen government uses
unofficial systems to prevent foreign travel for anyone who speaks against the government; even
if you are associated with someone who works as an activist you may become a target. Rusian
Tukhbatulum is still banned from foreign travel; his brother remains in exile.

Another recent regulation involves the enactment of a new Internet statute, which contains eight
chapters and thirty-four articles. The government stated that the main objective of this statute
was to expand the peoples Internet access, to define legal limitations the government will place
on the Internet, to prevent any socially or politically dangerous acts from being committed on the
Internet, and ultimately to be able to punish those who commit any online offenses.

There is a long list of limitations in this new statute that thoroughly deny the Turkmen people of
their freedom of speech. First, the statute states that all users are responsible for the truthfulness
of the content they post online. Not only must they post honest information, they are also held
liable for posting any wrongly defined propaganda of violence or cruelty. Similarly, users cannot
post information advocating war or violence in the country. They cannot share or view
information that promotes racial, ethnic or religious animosity. The statute also strictly prohibits
any posting or viewing of information that speaks of constitutional reform or discredits the
president. The government also restricts Internet users from posting or viewing any content that
promotes minor drug use, rejects family values and the posting or viewing of pornographic
material. The Communications Ministry can closely regulate the Internet because it is the only
Internet provider. Since its enactment in 2014 there has been no recorded cases of citizens being
tried under this statute.

Other invasions of free speech include the government interception of mail before delivery, as
well as requiring that any mail being delivered to the post office must remain unsealed for
government inspection. The education system is also regulated in that students cannot criticize
government policy or the president. They also may not conduct research on topics that are
considered politically or religiously sensitive.

Freedom of Press

In Turkmenistan any and all reforms for the freedom of the press are considered dead letters.
Since independence, all media organizations have been completely controlled by the
government. The government created the Turkmen State Agency and it has remained the only
information agency that journalists can obtain their information from. Due to the fact that all
forms of media are pro-government and poorly produced the Turkmen people have shown little
to no interest in using the media as a resource for information.

Under the rule of Niyazov it was illegal to report anything the president considered to be bad
news. This included news on food shortages, bad harvests, government cruelty, and prison
brutality. Anything that could damage the reputation of the Turkmen culture was off limits.

Shortly after the death of President Niyazov, two journalists, Annakurban Amanklychev and
Sapardurdy Khadjiyer, were imprisoned for helping the Galaxie-Presse, a French TV production
company, obtain information for a documentary they were making on Turkmenistan. The
journalists were imprisoned for seven years under hopeless conditions in a prison located in the
extremely hot desert of west Turkmenistan. Originally three journalists had been arrested but
Ogulsapar Muradova died after he was brutally beaten by prison guards. Their trial was held in
secret and they were said to be sentenced to jail for possession of illegal firearms and
ammunition to avoid the criticism of the governments repressive regulation.

In 2013 President Berdymukhammedov accidentally fell off his horse in front of a large audience
after winning a prestigious horse race. The incident was caught on tape by a bystander and
managed to spread on the Internet. Turkmenistan media reported on the race but was only
allowed to report on the presidents victory. The race was shown on television but cut off right
before the presidents embarrassing fall. The incident had caused conflict in the capital and
government officials were determined to stop the spread of the video but had little success.

Freedom of Religion
As previously, freedom of religion is seriously curtailed in Turkmenistan. A new Law on Freedom of
Religion and Religious Organizations was adopted in Turkmenistan in March 2016. This law was argued
to be needed in view of the growing threat terrorism and extremism. Similarly to the previously religion
law, the new one prohibits the activities of unregistered religious communities, while tightening
registration requirements. Previously religious groups could obtain registration if they had at least five
members, but now 50 members are required. In addition, religious communities wishing to register with
the authorities must undergo an expert assessment of their religious beliefs. The new law also imposes
serious restrictions on the establishment of places of worship, the import and distribution of religious
literature and other basic religious activities and provides for far-reaching state control of religious
practice, including by allowing state officials to attending any meetings and reviewing any documents of
religious communities. The Administrative Code provides for penalties for violations of the legislation
regulating the conduct of religious activities. Religious miniority communities have contributed to be
subjected to arbitrary denials of registration, raids on their meetings, confiscation of religious literature,
detention and questioning, and other intimidation and harassment. There have been new reports of the
arrest and imprisonment of individuals in relation to their exercise of freedom of religion. In a case of
particular concern, Jehovahs Witness Bahram Hemdemov was sentenced to four years in prison on
charges of inciting religious discord in May 2015. These charges wre brought against him after police
raided a peaceful religious meeting held in his home in Turkmenabad in March 2016 and detained and
allegedly ill-treated community members. Several other meeting participants were locked up for 15 days
and fined.

The aurhtoirties have also recently stepped up efforts against so-called non-traditional Islamic gropus,
giving rise to concerns that members of such communities may have been subjected to repression for
pewaceful exercising their beliefs outside strict state controls. As described above, purported followers
of Turkish cleric Fethullah Gulen have allegedly been subjected to arbitrary arrests and torture and ill-
treatment in recent months. There is still no civilian alternative to compulsory military service in
Turkmenistan. The new Law on Freedom of Religion and Religious Organization does not recognize the
right to refuse compulsory military service on conscientious ground and neither does the revised version
of Turkmenistans Constitution, which similary to the previous one states that serving in the army is a
sacred duty of citizens. The Turkenistani government has argued that refusal to carry out compulsory
military service on conscious grounds is not acceptable in view of national mentality and that those
who do not wish to carry arms may carry out this service in military hospitals. This clearly does not
constitute an admissible alternative for conscientious objectors.

Conclusion
Turkmenistan government so far adopted kind of ambiguous nature of country where constitutionally
and legally it provide full-fledged free of expression and Media. Besides that, freedom of assembly,
peaceful protest, provision for freedom of thought and independent media are guaranteed in legal
rights of Turkmenistan in 2013 by couple of legal reforms, but in practice county could not shake of its
historical roots of strict espionage and illicit detention and forced disappearances. It habitually denies
the rights of of civilians where later become subjected so much subjugation that they no longer can
protest against the cruelties of government and many think that it is legitimate to preserve the identity
and traditions of country, which are deeply influenced by Soviets. After thorough observation, one can
comprehend that, post-Soviet Turkmenistan is no different to its historical legacy and aptly following its
colonist tendencies.
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