Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Turkmenistan

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1997)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1997)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1. Prohibited grounds of discrimination. Legislation. The Committee notes that section 22(1) of Law No. 363-V (Civil Service Act, 2016) includes “skin colour” in the state Turkmen language. However, “race” is not explicitly listed. In any case, the Government considers “race” is covered under “skin colour”, but the Committee recalls that “colour” and “race” are related but distinct: race also includes discrimination based on linguistic, cultural, religious, or ethnic identity (for more details, please refer to the Committee’s 2012 General Survey on the fundamental Conventions, para. 762). In that regard, it further notes that the United Nations (UN) Committee on the Elimination of Racial Discrimination (CERD) expressed concern that the Civil Service Act does not prohibit discrimination on all grounds. (CERD/C/TKM/CO/12-13, 19 September 2023, para. 7). Regarding the term “origin” in section 7(1) of the Labour Code and section 22(1) of the Civil Service Act, the Committee notes that the Government has not clarified whether it covers both “social origin” and “national extraction”. The Committee once again emphasizes that these are distinct grounds: “national extraction” relates to birth, ancestry, or foreign origin, while “social origin” concerns membership in a class, socio-occupational category, or caste affecting occupational opportunities (2012 General Survey, paras 764, 802, 853).

Direct and indirect discrimination. The Government refers to section 28 of the Constitution as covering both direct and indirect discrimination. The Committee notes that this provision is general, guaranteeing equality before the law but not defining discrimination. Both the Labour Code and Civil Service Act prohibit discrimination but lack a formal definition. The Committee notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations expressed concern that national legislation does not explicitly prohibit direct and indirect discrimination (CEDAW/C/TKM/CO/6, 20 February 2024, para. 13).

The Committee requests the Government to: (i) amend Law No. 363-V to ensure that civil servants are protected against discrimination on the ground of “race”; (ii) include “social origin” and “national extraction” among prohibited grounds in labour legislation; and (iii) amend the labour legislation to explicitly cover both direct and indirect discrimination, as well as at all stages of the employment process. Please provide information on progress made in this respect.

Scope of application. Internal affairs officers. The Committee notes that section 5(6)(3) of the Labour Code excludes “other persons, as determined by law”, which the Government indicates as officers and staff of internal affairs agencies, governed by the Internal Affairs Bodies Act (No. 195-IV, 2011). The Committee observes that this Act does not explicitly prohibit discrimination on the grounds of Article 1(1)(a) of the Convention and that under section 33(6), the Labour Code applies to internal affairs staff only in specific cases. The Committee requests the Government to clarify how internal affairs employees are protected against discrimination on all the grounds prohibited formally by the Convention and to specify which Labour Code provisions apply to them.

Articles 1(2) and 5(2). Measures not deemed to be discrimination. Inherent requirement of a particular job and special measures for protection and assistance. The Committee recalls that under section 6(4) of Law No. 264-V, professional requirements based on sex do not constitute discrimination. In response to the Committee’s previous request for concrete examples of cases in which the concept of “inherent requirement of a particular job” applies, the Government provided examples of protected groups under section 7(2) of the Labour Code (pregnant women, minors, persons with disabilities, and women with young children). In that regard, the Committee recalls that not all distinctions, exclusions and preferences are deemed to be discrimination within the meaning of the Convention; these include, for example, “measures based on the inherent requirements of a particular job” (Article 1(2)) or “special measures designed for protection and assistance” (Article 5) that aim to address specific needs or past discrimination. The concept of “a particular job” refers to a specific and definable job, function or tasks, and any limitation must be required by the characteristics of the particular job, in proportion to its inherent requirements. In addition, the Committee recalls that it has previously emphasized that women should have the right to pursue any job and that exceptions for inherent job requirements must be interpreted restrictively and objectively, and that systematic application of requirements involving one or more of the grounds of discrimination set out in the Convention is not in conformity with the Convention. The Committee asks the Government to provide examples of jobs for which there are inherent requirements that would not be considered discriminatory, as envisaged under section 7(2) of the Labour Code and section 6(3) of Law No. 264-V, and a copy of any administrative or judicial decisions interpreting the concept of “inherent requirements of a particular job”.

Articles 1 to 3. Equality of opportunity and treatment. Race, colour and national extraction. The Committee notes the information provided by the Government concerning the treatment of foreign nationals in comparison with citizens of the country. It recalls that discrimination on the grounds of race, colour, and national extraction, as set out under Article 1(1)(a) of the Convention, encompasses distinctions among citizens that are generally based on race or colour, as well as discrimination affecting linguistic communities or minority groups whose identity is defined by religious, cultural, national, or ethnic origins. The Committee also recalls that “national extraction” refers to distinctions made on the basis of a person’s place of birth, ancestry, or foreign origin, and that the concept of “nationality” is not covered by the Convention. Nevertheless, the intersection between migration and discrimination remains relevant under the Convention, as non-nationals should be protected from discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention. In this regard, the Committee notes the concerns raised by the CEDAW, regarding the intersecting forms of discrimination affecting women belonging to ethnic minority groups (CEDAW/C/TKM/CO/6, 20 February 2024, para. 57), and the CERD, concerning the under-representation of ethnic minorities in the Mejlis and among high-level State officials, as well as the lack of information on complaints of racial discrimination handled by law enforcement bodies (CERD/C/TKM/CO/12–13, 19 September 2023, paras 13 and 23). The Committee requests that the Government provide: (i) concrete measures to address intersectional discrimination against ethnic minorities in employment and occupation, particularly women belonging to ethnic minorities, and to promote their representation in decision-making positions, including in the Mejlis and senior public administration; (iii) statistical data on ethnic minority participation in the labour market and at all education levels; and (iv) information on complaints received, investigations conducted, sanctions imposed, remedies provided, and the roles of relevant authorities such as labour inspectors, courts, equality bodies, or the ombudsperson.

Equality of opportunity and treatment. Disability. The Committee notes the adoption of the Social Services Act (2022) and the Government’s efforts to expand social services and inclusive vocational training. It also notes that the Government has not provided data on employment and unemployment rates of persons with disabilities but that the 2022 UN Country Common Assessment (CCA) for Turkmenistan indicates that only 14 per cent of adults with disabilities are employed, with particularly high unemployment among those with intellectual or mental impairments (97 per cent). The Committee recalls that in 2021, the Government indicated its intention to establish a State Register of Persons with Disabilities. It further notes that the UN Committee on Economic, Social and Cultural Rights (CESCR) and CEDAW have also expressed concerns about ongoing discrimination and systemic barriers, including for women and girls with disabilities. (A/HRC/WG.6/44/TKM/2, para. 42 and CEDAW/C/TKM/CO/6, 20 February 2024, para. 53). The Committee asks the Government to take steps to increase its efforts to promote the employment of and training opportunities for persons with disabilities and to communicate statistical data on employment and unemployment of persons with disabilities, disaggregated by sex, occupation and sector. It also requests an update on the development of a State Register of Persons with Disabilities.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes that in 2023 women represented 48.1 per cent of the workforce but remain concentrated in education, healthcare, and social services, with low representation in public administration, defence, construction, and Science, Technology, Engineering and Mathematics (STEM) fields. In 2023/24, women comprised 61.2 per cent of mathematics and natural sciences students but only 29.1 per cent of engineering and technical sciences students. It further notes that the Government provides no concrete information on the impact of measures implemented under the National Action Plan on Gender Equality 2021–25, particularly regarding efforts to address gender stereotypes. From the statistical information provided by the Government, the Committee observes that women remain under-represented in decision-making roles: in 2023, only 22.8 per cent of legislators, senior officials and managers in authorities and administrative bodies were women, compared with 77.2 per cent who were men. In this context, the Committee notes CEDAW’s concerns that: (1) only 48.7 per cent of young women aged 18 to 24 in urban areas and 35 per cent in rural areas are enrolled in educational institutions; and (2) women and girls remain under-represented in STEM and Information and Communication Technology (ICT) fields. It further notes CEDAW’s concerns regarding: (1) the lack of dedicated human, technical and financial resources for the implementation of the National Action Plan on Gender Equality 2021–2025, as well as the lack of publicly available information on its implementation; (2) the absence of a dedicated national machinery for the advancement of women to ensure gender mainstreaming across all government departments; (3) the persistence of stereotypical and discriminatory portrayals of women in the media, and the lack of a comprehensive strategy to eliminate such stereotypes about gender roles in the family and society; and (4) the persistence of gender stereotypes in textbooks and teaching materials. In this context, the Committee notes the concerns raised by CEDAW regarding vertical and horizontal segregation in the labour market, the concentration of women in low-paid jobs in the informal economy, and the barriers they face in accessing decision-making positions in both the public and private sectors. (CEDAW/C/TKM/CO/6, 20 February 2024, paras 19, 25(b)-(c), and 39(a)-c), 41(a)). The Committee requests information on: (i) resources allocated to implement the Plan of Action and more generally to develop the national gender equality machinery; (ii) measures to support girls’ school enrolment, especially in rural areas; (iii) concrete steps to address the underlying causes of discrimination and de facto inequalities resulting from discrimination that is deeply entrenched in traditional and societal values; and (iv) updated statistics on workforce distribution by sex, sector, and occupation.

Retirement age. The Committee notes the recent amendments to section 23 of the 2012 Social Protection Code setting the retirement age at 62 for men and 57 for women, with earlier retirement for mothers depending on the number of children and years of insurance. It recalls that differing retirement ages may negatively affect women’s careers and pension levels. The Committee therefore requests the Government to assess and report on the impact of these provisions on women’s career advancement, access to senior positions, and pension benefits.

Sexual harassment. The Committee notes the Government’s reference to the Equal Rights and Opportunities of Women and Men (State Guarantees) Act and the Combatting Trafficking in Persons Acts – as guaranteeing equal protection for men and women against sexual assault – and to amendments to the Criminal Code (2022) which criminalize coercing sexual acts through threats or dependence (Section 135), in the workplace or elsewhere. The Committee recalls that criminal law alone does not address the full scope of sexual harassment in employment, including quid pro quo and hostile work environment harassment. The Committee therefore reiterates its request for information on any: (i) steps taken to develop or revise legislation and policies specifically addressing both quid pro quo and hostile work environment sexual harassment; (ii) awareness-raising and capacity-building initiatives for workers and employers; and (iii) available remedies and sanctions.

Reconciliation of work and family responsibilities. The Committee recalls that section 249 of the Labour Code only applies to men who are bringing up their children without a mother. From the statistics provided by the Government, the Committee notes that although under section 97 of the Labour Code childcare leave may be granted to the person actually caring for the child, including the father, the child’s guardian, or another relative, women constitute 96 per cent of childcare-benefit recipients. It further notes CEDAW’s concerns regarding: (1) the high number of women who are unemployed or underemployed due to their disproportionate burden of unpaid care and domestic work and limited opportunities to reconcile professional and family life; and (2) the absence of paid paternity leave (CEDAW/C/TKM/CO/6, 20 February 2024, para. 41(b)). The Committee again asks the Government to take steps, in collaboration with the employers’ and workers’ organizations, to review and amend its legislation, with a view to ensuring non-discriminatory treatment of both men and women and that arrangements and entitlements aimed at reconciling work and family responsibilities are made available to both women and men on an equal footing. It also asks the Government to provide information, disaggregated by sex, on the number of men and women exercising the right to childcare leave set out in section 97 of the Labour Code or requesting unpaid parental leave, flexible working time arrangements, reduced working hours or home work in order to better combine work with family responsibilities.

Restrictions on women’s employment. The Committee notes that, following the adoption of Act No. 128VI of 2 March 2019, para. 1 of section 243 of the Labour Code (prohibition on women’s employment in jobs with unsafe and/or unhealthy working conditions) has been repealed. In that respect, it wishes to stress that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. (2012 General Survey, paras 839 and 840). The Committee once again requests the Government to review the Labour Code and Law No. 264-V to ensure that any restrictions on women’s employment are limited to maternity protection in the strict sense and not based on stereotypical perceptions of women’s capabilities and appropriate role in society. It further requests the Government to provide information on any steps taken in this regard.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Assessing and addressing the gender pay gap. The Committee notes that in 2023, women’s average wages represented 88.1 per cent of men’s, with the gap attributed to men’s predominance in certain sectors and higher pay for hazardous work. It also notes that the Register of Civil Servant Positions is still pending presidential approval, preventing the collection of sex-disaggregated pay data in the public sector. The Committee requests the Government to intensify efforts to close the gender pay gap, address occupational segregation and its root causes, and provide updated sex-disaggregated wage statistics across sectors, including the informal economy. It also requests information on progress made in establishing the Register of Civil Servant Positions.

Equal remuneration for men and women for work of equal value. Public service. The Committee again requests information on: (i) the criteria and methods used to establish the Register, ensuring job classifications and salary scales are free from gender bias; and (ii) measures guaranteeing equal access for men and women to additional payments and incentives under sections 46(2)–(3) of the Civil Service Act. It also encourages the Government to collect and provide sex-disaggregated data on earnings by occupation and employment level in the public sector.

Article 2(2). Minimum wages and collective agreements. The Government indicates that enterprises have adopted Remuneration Regulations and incorporated pay and incentive clauses into collective agreements, ensuring wages meet minimum standards and are free from gender bias. The Committee requests information on measures to prevent gender bias in remuneration under collective agreements and minimum wage instruments, and to ensure work in female-dominated sectors is not undervalued. It also requests sex-disaggregated data on the proportion of workers earning minimum wages.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. The Committee notes the Government’s statement that the remuneration system upholds the principle of equal remuneration for work of equal value and that salaries for managers, specialists, and employees are determined in staffing schedules and employment contracts, irrespective of gender, and may not fall below the statutory minimum wage. The Committee also notes information on employee certification (attestation) under sections 321–322 of the Labour Code, which is conducted by a commission, including employee representatives. This process evaluates employees’ qualifications for their positions and, according to the Government, serves as an objective means of verifying competence and adjusting remuneration accordingly. In that regard, the Committee wishes to recall that objective job evaluation is concerned with evaluating the job (which is to measure the relative value of jobs with varying content on the basis of the work to be performed) and not the individual (which aims at evaluating the performance of an individual worker in carrying out his or her job). In addition, the Committee notes that wage rates for workers are classified by categories, based on profession, qualifications, and grades. Tariff coefficients between grades are based on job complexity and labour intensity. It further notes that public sector salary schemes are developed and approved in consultation with the Ministry of Labour and Social Protection under the 2011 Procedure on staffing schedules, while non-state enterprises approve their staffing schedules independently. The Committee requests the Government to explain how wage classifications, tariff coefficients, and the attestation process ensure objective, gender-neutral job evaluation based on skills, effort, responsibilities, and working conditions. It also requests information on measures to monitor compliance with the principle of equal pay for work of equal value in the public and private sectors, including audits, assessments, or training. The Committee further asks for details on mechanisms for workers to challenge pay disparities, and sex-disaggregated data on attestation outcomes, wage adjustments, and pay discrimination complaints or cases.

Conventions Nos 100 and 111 – Application in practice

Article 4 of Convention No. 100 and Article 3(a) of Convention No. 111. Cooperation with employers’ and workers’ organizations. The Committee notes the fact that women constitute about 40 per cent of the members of the Tripartite Commission for the Regulation of Social and Labour Relations and that its activities between 2019 and 2024 covered the General Agreement (2022–2024) and labour law amendments. The Committee requests the Government to provide concrete examples of its cooperation with the employers’ and workers’ organizations to promote the acceptance and observance of the country’s national equality policy in employment and occupation, including in the framework of the Tripartite Commission for the Regulation of Social and Labour Relations.

Enforcement and awareness-raising. The Committee notes the establishment of two new departments within the Ombudsperson’s Office: one for the protection of women’s and children’s rights, and another for human rights in the private sector. According to the Office of the Ombudsperson, about 30 per cent of appeals concern labour rights, with reported violations mainly involving abuse of office or misapplication of labour law resulting in administrative measures such as dismissals. The Government adds that, due to its policy of non-discrimination and gender equality in remuneration, no complaints or sanctions related to discrimination have been recorded by the Ombudsperson, labour inspectorate, judiciary or law enforcement bodies. In this regard, the Committee emphasizes that no society is free from discrimination, which is a phenomenon both universal and constantly evolving (2012 General Survey, paras 731 and 845). The Committee wishes to point out that low complaint numbers often reflect lack of awareness, limited accessibility of complaint procedures or fear of reprisal, rather than an absence of discrimination in practice (2012 General Survey, paras 789–794). The Committee requests the Government to provide information on measures to raise awareness on protection against discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin; and to ensure accessible and safe complaint mechanisms. It also requests the Government to provide sex- and sector-disaggregated data on any complaints, and the sanctions applied by the Ombudsperson, labour inspectorate, judiciary, and law enforcement.