Turkmenistan: Significance and legal Foundations of permanent Neutrality

Text provided by the Embassy of Turkmenistan in Austria

Independent, permanently neutral Turkmenistan maintains an active position on the international arena and, in a short time, has achieved successes in domestic and foreign policies, which are recognized by the world community. The National Leader of the Turkmen People Gurbanguly Berdimuhamedov states that “The principles of neutrality, its values, and worldview have proved their full compliance with the national interests of our country, the goals and objectives of the United Nations.”

Turning to history, it should be noted that in different periods, a number of states, having received the legal status of neutrality, were committed to it and fulfilled the obligations arising from it, but there were also states that, over time, for various reasons, abandoned this status. Among the forms of this legal status, the main role is assigned to permanent neutrality, which provides for adhering to certain principles not only in peacetime but also during conflict situations. In international law, permanent neutrality is a multilaterally recognized legal status.

It is known that the permanent neutrality of Turkmenistan was twice recognized by the United Nations, which is considered the most authoritative and multidisciplinary organization in the world. At present, along with Turkmenistan, Switzerland (1815), Liechtenstein (1868), Vatican (1929), San Marino (1939), Austria (1955), Laos (1962), Malta (1981), and Cambodia (1991) can be noted among the states with international legal status of neutrality. In this context, the manner of Turkmenistan’s acquisition of this legal status is novel in the institution of neutrality. Because while other states acquired it based on agreements concluded between a few countries (the neutrality of Switzerland was declared in 1815 on the basis of the Paris Agreement concluded with the participation of 6 states; the neutrality of Austria is based on the adoption of a Constitutional Law), Turkmenistan’s path was unique.

Since the first days of independence, Turkmenistan has chosen a foreign policy course based on good neighborliness, peacefulness, mutually beneficial cooperation, and humanism. The initial plans to implement a neutral foreign policy at the state level were announced at the meeting of the Organization for Security and Co-operation in Europe, held in Helsinki on July 10, 1992.

The government of Turkmenistan conducted effective negotiations with dozens of foreign states and a number of international organizations on the issue of acquiring a neutral legal status. At the same time, the necessary legislative work was carried out at the national level. On March 16, 1995, the Mejlis (Parliament) of Turkmenistan adopted a decree “On the approval of the policy of permanent positive neutrality of Turkmenistan.”

The initiative of Turkmenistan to obtain the legal status of permanent neutrality was presented and supported at the meeting of the Economic Cooperation Organization held in Islamabad in March 1995. At the meeting of the Non-Aligned Movement, which puts forward main conditions to refrain member states from conducting hostilities, all its members unanimously supported the initiative of our country.

The jubilee 50th session of the UN General Assembly, with the unanimous support of all members of the organization, adopted a special Resolution 50/80A, which was inscribed in golden letters in the history of Turkmenistan. The provision of this document that the UN “recognizes and supports the status of permanent neutrality proclaimed by Turkmenistan, as well as calls on the member states of the United Nations to respect and support this status of Turkmenistan, and also to respect its independence, sovereignty, and territorial integrity,” was reflected in the Constitution of Turkmenistan.

After the recognition by the world community of the status of permanent neutrality of our country, on December 27, 1995, a number of legislative acts aimed at consolidating its legal foundations were adopted. First of all, it is important to remind that amendments were made to the Constitution of Turkmenistan. Additionally, the Constitutional Law “On the Permanent Neutrality of Turkmenistan,” consisting of 12 articles, was adopted. It defines the political, economic, and humanitarian directions of the legal status of permanent neutrality. This legal act reflects the international obligations undertaken by our country in connection with this status. In addition, the Declaration on the international obligations of neutral Turkmenistan in the field of human rights was adopted.

It should be especially emphasized that Turkmenistan strictly fulfills international obligations arising from the legal status of permanent neutrality. This is confirmed by the organization of negotiations for the peaceful resolution of the inter-Tajik conflict and the restoration of peace in neighboring Afghanistan. The opening of the UN Regional Centre for Preventive Diplomacy for Central Asia in Ashgabat in 2007 testifies to the significant role of the neutrality of Turkmenistan in the region.

Since the first years of gaining neutrality, Turkmenistan has consistently carried out conceptual work aimed at implementing its foreign policy. The general course of the country’s foreign policy is carried out on the basis of documents adopted in 1995. The Foreign Policy Concept of Neutral Turkmenistan notes that the legal status of the permanent neutrality of Turkmenistan serves as the basis for foreign policy and the development of international cooperation. The document opens up wide opportunities for expanding and deepening interaction with the states of the world and international organizations in political, economic, and cultural areas.

The confirmation of the high assessment of the political role of Turkmenistan in the region and the world is the experience of our state in the implementation of the UN goals. On June 3, 2015, at the 69th session of the UN General Assembly, with the support of 193 states, the Resolution on the “Permanent neutrality of Turkmenistan” was adopted. The document was co-authored by 47 states. It highlights the positive experience accumulated by our country in international cooperation in the field of global peace, security, and sustainable development.

Turkmenistan is the only state that has reflected in its Basic Law the international legal status delegated to it by the world community. The basic principles of permanent neutrality are specified in the Constitution. Thus, Article 2 states, “Turkmenistan has the status of permanent neutrality, recognized by the international community and enshrined in law.

The United Nations General Assembly Resolutions on the “Permanent neutrality of Turkmenistan” as of December 12, 1995, and June 3, 2015, recognize and support the status of permanent neutrality proclaimed by Turkmenistan and call on the United Nations member states to respect and support this status of Turkmenistan and also to respect its independence, sovereignty, and territorial integrity.”

Over the years, our country was elected Vice-President of the UN General Assembly – 58th, 62nd, 64th, 68th, and 71st sessions. On June 29, 2020, Turkmenistan was elected a vice-chairman of the 75th anniversary session. The election in 2019 to three UN structures at once: the Executive Council of the World Food Program for 2020-2022, the UN Commission on Population and Development for 2020-2024, and the UN Commission on Narcotic Drugs for 2020-2023 serve as clear evidence of the high interest of our country in expanding international cooperation on pressing problems of our time. In April 2020, Turkmenistan was elected to the UN Commission on Social Development for the period 2021-2025 and to the UN Commission on Science and Technology for Development for 2021-2024.

At the same time, the chairmanship in the Commonwealth of Independent States, the International Fund for Saving the Aral Sea, as well as election to numerous UN structures can be called among the international successes of Turkmenistan, achieved for 30 years.