LGBT rights in Turkmenistan
Lesbian, gay, bisexual, and transgender (LGBT) persons in Turkmenistan face active discrimination and stigmatization.[3][4] Turkmenistan is one of only two post-Soviet states where male homosexual activity remains criminalised, along with Uzbekistan.[5]
LGBT rights in Turkmenistan | |
|---|---|
 | |
| Status | Male illegal; between females, legal[1][2]: 4 |
| Penalty | 2 years in prison for 1st convictions (men only), with up 10 years for subsequent conviction[lower-alpha 1] |
| Gender identity | No |
| Military | No |
| Discrimination protections | None |
| Family rights | |
| Recognition of relationships | No recognition of same-sex unions |
| Adoption | No |
Law
Homosexuality is institutionally perceived as a form of mental disorder.[3][4]
Male homosexuality is explicitly illegal and sodomy— defined as sexual intercourse between men —is punishable by two years in prison,[3][2] with increasing terms of up to ten years under the Criminal Code of Turkmenistan (Chapter 3; Article 19).[6] Prior to a 2019 amendment, the maximum term was two years under the 1997 code; the provisions of Article 19 increase penalties for repeat convictions and apply to any crime under the code.[3][4] The investigations are grossly humiliating and may involve torture by state and non-state actors. Repeat prosecutions can incur compulsory admission to psychiatric clinics where internees may be subjected to involuntary conversion therapy.[3][4][2] The law was however enforced rarely before the ascension of Gurbanguly Berdimuhamedow to presidency.[3][2] The Turkmen SSR Code, first adopted in 1927 had far less detailed provisions.[7][8]
No penal provisions exist for female homosexuality, who along with transsexuals, are an invisible category in Turkmen law.[4][2] Although not criminalized, lesbianism is stigmatized and there is widespread discrimination against women who are in same-sex relationships.[9][10][11]
Towards anti-discrimination legislation
Turkmenistan has consistently rejected pleas to implement anti-discrimination legislation, despite requests by multiple nations via three Universal Periodic Reviews.[4] In dialogue with various wings of the United Nations, Turkmenistan has justified the discriminatory frameworks by arguing any deviations to be a potential threat to the fabric of Turkmen traditions and society.[4][2][12]
In February 2021, the Turkmen Government noted to the Office of the United Nations High Commissioner for Human Rights about intentions to "reconsider the reasoning of the article criminalizing consensual same-sex relations" and "study the option of introducing anti-discrimination legislation".[13]
Society and culture
No civil society exists in Turkmenistan, media is entirely owned by the state, and conducting field-surveys is very difficult.[2][7] These conditions render scarce the availability of any surveillance data on LGBT rights and allied issues.[2][7][11] However, reports of the extra-judicial consequences of being gay include: state-sponsored violence, including torture during criminal investigative process; and vigilante attacks, especially in prison.[4][2]
In October 2019, a gay doctor was tortured by the state-apparatus for a long span of time, before temporarily disappearing.[3][4] In May 2020, multiple well-known figures from the modelling industry were arrested on charges of homosexuality.[3][4] Turkmen lesbians have been granted asylum in United States.[9][10] Gays have been documented to have sought refuge in the European Union.[4]
Summary table
| Same-sex sexual activity legal | |
| Equal age of consent |  |
| Anti-discrimination laws in employment only | |
| Anti-discrimination laws in the provision of goods and services | |
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | |
| Same-sex marriages | |
| Recognition of same-sex couples | |
| Step-child adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| Gays and lesbians allowed to serve openly in the military | |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| Commercial surrogacy for gay male couples | |
| MSM allowed to donate blood | |
Notes
- Higher penalties of 5–10 years in prison for recurrent convictions may be applied, on the same basis as for other crimes, under the Criminal Code of Turkmenistan, §II, Ch.3, Article 19. "Recurrence of crimes". These provisions are applicable to all crimes in the code, however, and is not punishment specific to the part of the code which criminalizes same-sex sexual activity, Article 135.[lower-alpha 2]
- "УГОЛОВНЫЙ КОДЕКС ТУРКМЕНИСТАНА" [Criminal Code of Turkmenistan]. Article 19 "Recurrence of crimes", Act No. 222-1 of 12 June 1997 (PDF) (in Turkmen). Assembly of Turkmenistan. [As amended 13 November 2021].
References
- "LGBT Rights in Turkmenistan". Equaldex. Retrieved 8 January 2022.
Homosexuality: Male illegal, female legal
- Eurasian Coalition on Male Health (ECOM) (2019). Legislative analysis related to LGBT rights and HIV in Turkmenistan (PDF) (Report). Retrieved 11 May 2021.
(Article 135 of the Criminal Code). This article imposes imprisonment for up to two years..." [...] "The legislation of the country does not impose penalties for sexual intercourse between women.
- Mendos, Lucas Ramón; Botha, Kellyn; Lelis, Rafael Carrano; de la Peña, Enrique López; Savelev, Ilia; Tan, Daron (2020). State-Sponsored Homophobia: Global Legislation Overview Update (PDF) (Report). Geneva: International Lesbian, Gay, Bisexual, Trans and Intersex Association. Retrieved 11 May 2021.
- Estonian Network of People Living with HIV (2020). NGO Submission In Connection with Turkmenistan's Mid-Term Reporting On the Implementation of the 2018 UPR Recommendations (Third Cycle) (PDF) (Report). Retrieved 11 May 2021.
...two years' imprisonment for sodomy, stipulated by article 135 of the Turkmen Criminal Code. It should be noted that before Gurbanguly Berdimuhamedow came to power in 2007, the article on sodomy was rarely enforced
- Mole, Richard C. M. (2018). "Introduction to "Soviet and Post-Soviet Sexualities"". Slavic Review. 77 (1): 1–5. doi:10.1017/slr.2018.7. ISSN 0037-6779.
- Latypov, Alisher; Rhodes, Tim; Reynolds, Lucy (19 March 2013). "Prohibition, stigma and violence against men who have sex with men: effects on HIV in Central Asia". Central Asian Survey. doi:10.1080/02634937.2013.768059. ISSN 0263-4937.
- Healey, Dan (15 July 2001). Homosexual Desire in Revolutionary Russia: The Regulation of Sexual and Gender Dissent. University of Chicago Press. ISBN 978-0-226-32234-6.
- "Turkmen Lesbian Granted Asylum". www.law.columbia.edu. Retrieved 11 May 2021.
- "Goldberg Kohn Attorneys Secure Asylum for Lesbian Couple from Turkmenistan". www.goldbergkohn.com. Retrieved 11 May 2021.
- Musazov, Farkhad (2019). Life of LGBT Persons in Turkmenistan (PDF) (Report). Bishkek: Kyrgyz Indigo Public Union. Retrieved 13 May 2021.
- Liczek, Irina (2005). "Cultural Parameters of Gender Policymaking in Contemporary Turkmenistan". Comparative Studies of South Asia, Africa and the Middle East. 25 (3): 567–583. ISSN 1548-226X.
- "Decriminalisation: Turkmenistan has announced plans to decriminalise same-sex relations". Rainbow Digest. International Lesbian, Gay, Bisexual, Trans and Intersex Association. 305. February 2021.
