LGBTQ rights in Turkmenistan | |
|---|---|
 | |
| Legal status | Illegal (for males) since 1927 (asTurkmen SSR); not criminalized between females[1][2]: 4 [3] |
| Penalty | Up to 5 years imprisonment with fines[3] |
| Gender identity | No |
| Military | No |
| Discrimination protections | None |
| Family rights | |
| Recognition of relationships | No recognition of same-sex unions |
| Adoption | No |
Lesbian, gay, bisexual, transgenderand queer (LGBTQ) people inTurkmenistan face active discrimination andstigmatization compared to non-LGBTQ residents.[3][4]Turkmenistan is one of the only twopost-Soviet states where male homosexual activity remains criminalized, along withUzbekistan.[5]
Malehomosexuality is explicitly illegal andsodomy— defined as sexual intercourse between men —is punishable by up to 2 years in prison, with additional terms of 2 to 5 years in a labor camp possible,[a] under theCriminal Code of Turkmenistan, Chapter 3; Article 135, section (1).[6] In addition, the provisions of Article 19 of the code allow for increased penalties for repeat convictions, applying to any crime under the code.[7] Prior to a 2019 amendment, the 1997 code's maximum term was 2 years.[3][4] The 1927 code of theTurkmen SSR had far less detailed provisions than the 1997 code adopted after independence.[8][9] The law was enforced rarely before the ascension ofGurbanguly Berdimuhamedow to presidency in 2006.[3][4]
Investigations into offences under Article 135 are grossly humiliating and may involve torture by state and non-state actors. Homosexuality is institutionally perceived as a form ofmental disorder.[3][4] Repeat prosecutions can incur compulsory admission to psychiatric clinics where internees may be subjected to involuntaryconversion therapy.[3][4][2] No penal provisions exist for homosexual women who, along withtranssexual people, are an unacknowledged category in Turkmen law.[4][2]
Turkmenistan has consistently rejected pleas to implementanti-discrimination legislation, despite requests by multiple nations via threeUniversal Periodic Reviews.[4] In dialogue with various wings of theUnited 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][10] In February 2021, the Turkmen Government noted to theOffice 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".[11]
No civil society exists in Turkmenistan,media is entirely owned by the state, and conducting field-surveys is very difficult.[2][8] These conditions render scarce the availability of any surveillance data on LGBT rights and allied issues.[2][8][12] 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.[2][4] 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 the charges of homosexuality.[3][4] Turkmenlesbians have been granted asylum in theUnited States.[13][14] Gays have been documented to have sought refuge in theEuropean Union.[4]
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| 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 | |
| LGBTQ people allowed to serve openly in the military | |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| Conversion therapy banned | |
| Commercial surrogacy for gay male couples | |
| MSM allowed to donate blood | |
| Homosexuality declassified as a mental illness | |
Homosexuality: Male illegal, female legal
(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.
In Turkmenistan, a 2019 amendment to the Penal Code reflected that the maximum punishment for sodomy had been increased to five years' imprisonment, as compared to two years in the 1997 Code.
...two years' imprisonment for sodomy, stipulated by article 135 of the Turkmen Criminal Code. Before Gurbanguly Berdimuhamedow came to power in 2007, the article on sodomy was rarely enforced
Sodomy, that is, sexual intercourse between a man and a man, shall be punishable by deprivation of liberty for a term of up to two years, with the imposition of a duty residence in a certain area for a period of two to five years.
