Political Law at Turkmenistan
Turkmenistan, a landlocked country in Central Asia, has a highly centralized political system that is largely influenced by the legacy of its former president, Saparmurat Niyazov, who ruled from 1991 until his death in 2006. Since then, the country has been governed by Gurbanguly Berdimuhamedow and, more recently, his successor Serdar Berdimuhamedow. Turkmenistan is an authoritarian state with limited political freedoms, where power is concentrated in the hands of the ruling family and a small group of elites. The country maintains a one-party system, with no meaningful opposition parties or democratic elections.
Here's an overview of Turkmenistan's political law and governance system:
1. Constitution of Turkmenistan
Turkmenistan's political structure is outlined in its Constitution, which was adopted on May 18, 1992, after the country gained independence from the Soviet Union. The Constitution establishes Turkmenistan as a sovereign, democratic, secular state with republican principles. However, in practice, Turkmenistan has not fully adhered to democratic principles, and the constitution has been shaped to maintain authoritarian control.
Key elements of the Constitution include:
Separation of Powers: The Constitution formally establishes a system of separation of powers into the executive, legislative, and judicial branches. However, in practice, these branches are not independent, and the executive branch holds significant power over the entire system.
Presidency: The president is granted considerable power under the Constitution, with broad authority over domestic and foreign policy, as well as the military, economy, and law enforcement. The president is also the head of state and government.
Secular State: The Constitution declares Turkmenistan a secular state, meaning that religion is officially separate from the government. However, the government has exerted considerable control over religious institutions.
2. The Executive Branch
The executive branch of Turkmenistan is headed by the President, who holds immense power and is the central figure in the country's political system.
The Presidency
The President of Turkmenistan is the head of state and head of government. The President is elected for a seven-year term, and there is no term limit, which effectively allows for indefinite rule. The President’s powers include:
Control over the government, the economy, and foreign relations.
Appointment of key officials, including the Prime Minister, Ministers, and regional governors.
Control over the military and law enforcement agencies.
The ability to issue decrees that have the force of law.
Saparmurat Niyazov, the first president of Turkmenistan, was known for creating a cult of personality around himself, establishing a regime that centralized authority around his figure. After his death, his successor, Gurbanguly Berdimuhamedow, continued many of these policies, though with some efforts to improve the country’s international image.
In 2022, Serdar Berdimuhamedow, the son of Gurbanguly, became the president. The transition of power to a family member has been widely seen as a continuation of the dynastic authoritarian system in place.
Cabinet of Ministers
The Cabinet of Ministers, headed by the Prime Minister, is responsible for the execution of state policies and managing the day-to-day operations of the government. However, the President holds ultimate authority over the Cabinet and its decisions.
The Prime Minister and other key ministers are appointed by the President, and their roles are largely subordinate to the president’s will.
3. The Legislative Branch
Turkmenistan has a unicameral legislature, the Mejlis, which is supposed to represent the people and pass laws. However, the Mejlis is not an independent body, and its role is largely ceremonial.
The Mejlis (Parliament)
The Mejlis consists of 125 deputies who are elected for a five-year term. Elections to the Mejlis are held every five years, but they are highly controlled and often lack genuine competition. The ruling Democratic Party of Turkmenistan is the only party that is allowed to participate in elections, and opposition groups are either banned or excluded.
The Mejlis has limited legislative power. In practice, it simply ratifies decisions made by the President, and laws are often passed at the discretion of the executive branch.
While the Mejlis can theoretically introduce legislation, its actual role is constrained, and its independence is undermined by the president’s control.
4. The Judicial Branch
The judiciary in Turkmenistan is not independent and is heavily influenced by the executive branch, particularly the President. The legal system is shaped by the need to uphold the President’s policies and maintain political control.
Judiciary
The Supreme Court is the highest court in the country, but it operates under the direct control of the President. It does not serve as a check on the executive power.
The Prosecutor General and court system are subordinate to the President, and there is no real system of judicial review. Courts are largely used to maintain order and ensure political conformity rather than to provide justice or uphold the rule of law.
Human Rights: Turkmenistan has a poor record on human rights, with reports of political repression, lack of free expression, arbitrary detentions, and limitations on freedom of assembly and religion. Political dissidents and opposition figures often face imprisonment or forced exile.
5. Political Parties and Elections
Turkmenistan officially recognizes political parties, but in practice, there is no meaningful political competition. The country operates as a one-party state.
The Democratic Party of Turkmenistan
The Democratic Party of Turkmenistan (DPT) is the only legal political party in Turkmenistan. It has dominated the political system since the country's independence and continues to hold a monopoly over power.
The DPT is closely aligned with the President’s policies and does not serve as an independent force in the political system. Opposition parties are either banned or suppressed, and political opposition is not tolerated.
Elections
Elections in Turkmenistan are highly controlled and lack genuine political competition. The President is elected through a process that has been criticized as a sham election with no real alternatives. The last presidential election, for example, was characterized by the absence of meaningful opposition candidates, and results were widely viewed as predetermined.
The Mejlis elections follow a similar pattern, with candidates hand-picked by the government, and no independent political forces are allowed to challenge the ruling party.
6. Human Rights and Civil Liberties
Turkmenistan has a poor human rights record. The country is characterized by extreme levels of political repression, censorship, and a lack of basic freedoms.
Freedom of Speech: There is no independent press in Turkmenistan, and the government controls all media. Journalists who criticize the government are subject to harassment, imprisonment, and torture.
Freedom of Assembly: There are severe restrictions on the right to assemble or protest. Unauthorized demonstrations are not allowed, and security forces often use force to break up any dissent.
Religious Freedom: Although Turkmenistan’s Constitution guarantees freedom of religion, in practice, religious groups, particularly non-state-approved ones, face severe restrictions. Muslim groups that are not state-sanctioned are monitored and sometimes persecuted, and other religious groups, such as Christian denominations, also face pressure.
Political Prisoners: There are numerous reports of political prisoners being held in Turkmenistan, including opposition figures, journalists, and activists. The government has been criticized for using imprisonment and forced exile to suppress political dissent.
7. Foreign Policy and Relations
Turkmenistan’s foreign policy is largely characterized by its policy of neutrality. It is a member of the United Nations and other international organizations but generally maintains a low profile in global affairs.
Neutrality: Turkmenistan has declared itself permanently neutral, a status that was recognized by the United Nations in 1995. This policy allows the country to avoid becoming entangled in regional conflicts, although it does maintain some diplomatic and economic ties with neighboring countries and global powers.
Energy Exports: Turkmenistan is rich in natural gas reserves, and its energy exports, particularly to China and Russia, play a crucial role in its foreign relations.
Conclusion
Turkmenistan's political system is an authoritarian regime where power is concentrated in the hands of the President and a small political elite. Despite the formal structure of the Constitution and separation of powers, the country’s political law reflects the centralization of authority around the leader, and opposition is tightly controlled. The regime’s repression of dissent, lack of democratic freedoms, and poor human rights record make Turkmenistan one of the most authoritarian states in the world. The cult of personality around the ruling family and the one-party system contribute to a system where political participation is heavily restricted, and the President maintains absolute control over the government and society.
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