Constitution of Turkmenistan
Encyclopedia
The Constitution of Turkmenistan adopted on 18 May 1992 is the supreme law
of Turkmenistan
(Article 5). In its preamble
, the Constitution emphasizes self-determination
for the Turkmen people
, as well as the rule of law
and rights for citizens. (See also Human rights in Turkmenistan
).
The 1992 constitution was amended in 1995, 1999, 2003 and 2006. It was amended most recently on 26 September 2008, abolishing the 2,500-member People's Council
(Halk Maslahaty) and expanding the elected Assembly
(Mejlis) from 65 to 125 members.
and presidential republic. The sovereignty and the territorial integrity of the state are inviolable and indivisible. Article 3 proclaims individual rights and dignity
as a value protected by the state. Article 8 states that foreign residents and persons without citizenship enjoy the same rights as the citizens of Turkmenistan subject to existing laws and international agreements. Among the rights specifically enumerated are the right to property
(article 9) and freedom of religion
(article 12; article 11 in the 1992 Constitution).
Article 4 endorses a separation of powers
, including judicial independence
. Article 14 (13 in the 1992 Constitution) establishes the Turkmen language
as the official language
and article 17 (15 in the 1992 Constitution) confirms Ashgabat as the capital city.
Two new articles added in the 2008 Constitution declare the state's commitment to the market economy, including encouragement of small and medium sized business (Article 10), and specify the administrative division of the country into welayats
(provinces), cities with the status of welayat, etraps
(districts), towns with etrap status, towns in an etrap, and villages of different levels (Article 16, supersedes Article 47 in the 1992 Constitution).
(article 23; 1992:21), and freedom of movement
(article 26; 1992:24). Social and economic rights include the right to work
(article 33; 1992:31), the right to rest (article 34; 1992:32), and the right to education
(article 38; 1992:35). Other social rights include the right to health care, the right to old-age pension, and the right to disability benefits (articles 35, 37; 1992:33, 34). A new article added in the 2008 Constitution (article 36) establishes the right to environmental quality
and charges the state with the responsibility for preserving natural resources and protecting the environment.
Article 21 (1992:19) states that the exercise of individual rights and freedoms should not impinge on the rights and freedoms of other individuals and can be limited by considerations of morality
, law, and public order. Article 22 declares that everybody has the right to life
and that capital punishment
is abolished in Turkmenistan. The 1992 Constitution allowed capital punishment, but only for "the heaviest of crimes" (article 20), and this provision was subsequently annulled by a 1999 presidential decree that abolished capital punishment. Finally, Section 2 lists some obligations on citizens, including serving in the military (article 41; 1992:38) and paying taxes (article 42; 1992:39).
, the Mejlis
(Parliament or Assembly), the Cabinet of Ministers, and the Supreme Court
of Turkmenistan (Article 48). The People's Council of Turkmenistan
(Halk Maslahaty), which figured prominently in the 1992 Constitution (Chapter 2 of Section 3), was abolished in the 2008 Constitution.
Articles 50-58 of the 2008 Constitution (54-61 of the 1992 Constitution) describe the powers of the President of Turkmenistan. The President is the head of state
and also the head of government
(Article 50). The President is in charge of Turkmenistan's foreign policy and is the country's commander-in-chief
(Article 53). In addition to signing laws enacted by Mejlis, he may issue Presidential decrees
that have the power of law in Turkmenistan (Article 54).
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of Turkmenistan
Turkmenistan
Turkmenistan , formerly also known as Turkmenia is one of the Turkic states in Central Asia. Until 1991, it was a constituent republic of the Soviet Union, the Turkmen Soviet Socialist Republic . Turkmenistan is one of the six independent Turkic states...
(Article 5). In its preamble
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
, the Constitution emphasizes self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
for the Turkmen people
Turkmen people
The Turkmen are a Turkic people located primarily in the Central Asian states of Turkmenistan, Afghanistan, and northeastern Iran. They speak the Turkmen language, which is classified as a part of the Western Oghuz branch of the Turkic languages family together with Turkish, Azerbaijani, Qashqai,...
, as well as the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
and rights for citizens. (See also Human rights in Turkmenistan
Human rights in Turkmenistan
Turkmenistan's human rights record has been heavily criticized by various countries and scholars worldwide. Standards in education and health declined markedly during the rule of President Saparmurat Niyazov....
).
The 1992 constitution was amended in 1995, 1999, 2003 and 2006. It was amended most recently on 26 September 2008, abolishing the 2,500-member People's Council
People's Council of Turkmenistan
The Halk Maslahaty was the highest representative body in Turkmenistan . It was abolished in the new constitution of 2008....
(Halk Maslahaty) and expanding the elected Assembly
Assembly of Turkmenistan
The Assembly is the legislative branch of Turkmenistan. It has 125 members, elected for a five-year term in single-seat constituencies.- History :Originally, it shared power with the People's Council....
(Mejlis) from 65 to 125 members.
Section 1
Section 1 of the 2008 Constitution is composed of 17 articles (15 articles in the 1992 Constitution). Article 1 describes Turkmenistan as a secular democracyDemocracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
and presidential republic. The sovereignty and the territorial integrity of the state are inviolable and indivisible. Article 3 proclaims individual rights and dignity
Dignity
Dignity is a term used in moral, ethical, and political discussions to signify that a being has an innate right to respect and ethical treatment. It is an extension of the Enlightenment-era concepts of inherent, inalienable rights...
as a value protected by the state. Article 8 states that foreign residents and persons without citizenship enjoy the same rights as the citizens of Turkmenistan subject to existing laws and international agreements. Among the rights specifically enumerated are the right to property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
(article 9) and freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
(article 12; article 11 in the 1992 Constitution).
Article 4 endorses a separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
, including judicial independence
Judicial independence
Judicial Independence is the idea that the judiciary needs to be kept away from the other branches of government...
. Article 14 (13 in the 1992 Constitution) establishes the Turkmen language
Turkmen language
Turkmen is the national language of Turkmenistan...
as the official language
Official language
An official language is a language that is given a special legal status in a particular country, state, or other jurisdiction. Typically a nation's official language will be the one used in that nation's courts, parliament and administration. However, official status can also be used to give a...
and article 17 (15 in the 1992 Constitution) confirms Ashgabat as the capital city.
Two new articles added in the 2008 Constitution declare the state's commitment to the market economy, including encouragement of small and medium sized business (Article 10), and specify the administrative division of the country into welayats
Provinces of Turkmenistan
Turkmenistan is divided into five provinces or welayatlar and one capital city district .The heads of the provinces are appointed by the President of Turkmenistan .-References:...
(provinces), cities with the status of welayat, etraps
Districts of Turkmenistan
The provinces of Turkmenistan are divided into districts , which may be either counties or cities. The heads of the districts are appointed by the President of Turkmenistan...
(districts), towns with etrap status, towns in an etrap, and villages of different levels (Article 16, supersedes Article 47 in the 1992 Constitution).
Section 2
Section 2 outlines rights of individuals and citizens. Civil and political rights include equality rights (article 19; 1992:17), sex equality (article 20; 1992:18), freedom from cruel and unusual punishmentCruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
(article 23; 1992:21), and freedom of movement
Freedom of movement
Freedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
(article 26; 1992:24). Social and economic rights include the right to work
Right to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so...
(article 33; 1992:31), the right to rest (article 34; 1992:32), and the right to education
Right to education
The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...
(article 38; 1992:35). Other social rights include the right to health care, the right to old-age pension, and the right to disability benefits (articles 35, 37; 1992:33, 34). A new article added in the 2008 Constitution (article 36) establishes the right to environmental quality
Environmental quality
Environmental quality is a set of properties and characteristics of the environment, either generalized or local, as they impinge on human beings and other organisms...
and charges the state with the responsibility for preserving natural resources and protecting the environment.
Article 21 (1992:19) states that the exercise of individual rights and freedoms should not impinge on the rights and freedoms of other individuals and can be limited by considerations of morality
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...
, law, and public order. Article 22 declares that everybody has the right to life
Right to life
Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...
and that capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
is abolished in Turkmenistan. The 1992 Constitution allowed capital punishment, but only for "the heaviest of crimes" (article 20), and this provision was subsequently annulled by a 1999 presidential decree that abolished capital punishment. Finally, Section 2 lists some obligations on citizens, including serving in the military (article 41; 1992:38) and paying taxes (article 42; 1992:39).
Section 3
Section 3 describes the organs of government in Turkmenistan. The state power is vested with the PresidentPresident of Turkmenistan
-First Secretaries of the Turkmen Communist Party:*Ivan Mezhlauk *Shaymardan Ibragimov *Nikolay Paskutsky *Grigory Aronshtam...
, the Mejlis
Assembly of Turkmenistan
The Assembly is the legislative branch of Turkmenistan. It has 125 members, elected for a five-year term in single-seat constituencies.- History :Originally, it shared power with the People's Council....
(Parliament or Assembly), the Cabinet of Ministers, and the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
of Turkmenistan (Article 48). The People's Council of Turkmenistan
People's Council of Turkmenistan
The Halk Maslahaty was the highest representative body in Turkmenistan . It was abolished in the new constitution of 2008....
(Halk Maslahaty), which figured prominently in the 1992 Constitution (Chapter 2 of Section 3), was abolished in the 2008 Constitution.
Articles 50-58 of the 2008 Constitution (54-61 of the 1992 Constitution) describe the powers of the President of Turkmenistan. The President is the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and also the head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
(Article 50). The President is in charge of Turkmenistan's foreign policy and is the country's commander-in-chief
Commander-in-Chief
A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military...
(Article 53). In addition to signing laws enacted by Mejlis, he may issue Presidential decrees
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
that have the power of law in Turkmenistan (Article 54).