Expert opinion. Climate legislation of Turkmenistan: status and development prospects

Lawmaking in the field of ecology and the implementation of international obligations accepted by the state to reduce climate risks is today one of the most important areas of legislative activity of parliamentarians of the countries of the Central Asian region.

The dynamics of development and gradual improvement of environmental legislation of Turkmenistan is analysed in his study by expert and director of the project office of the Regional Environmental Center of Central Asia (RECCA) in Turkmenistan Mergen KEPBANOV:

Achieving the goal of the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement to curb global warming and the resulting new requirements for “zero emissions” place greater obligations on countries in the global community to mitigate climate change and develop long-term low-carbon development strategies. Measures taken within the framework of the Paris Agreement are an important part of the measures to implement the Sustainable Development Goals (SDGs) and the transition of the world community to a “green” path of development. Stated national goals include measures to mitigate and adapt to climate change, and create an appropriate regulatory and legal framework.

In the context of the implementation of international obligations under the UNFCCC and the Paris Agreement, Turkmenistan’s policy is aimed at “greening” all sectors of the economy, rational use of natural resources and mitigation and adaptation to climate change. Among the planned measures, an important place is given to legislation, which at present should reflect the specifics of ongoing processes aimed at neutralizing and containing negative climate processes.

In the scientific legal literature, there is discussion and debate about the emergence of a new branch of law – climate law, and what its structure and content should be. Measures taken with the negative consequences of climate change affect many sectors of the economy and areas of management. These sectors include agriculture, industry, energy, including renewable energy, utilities, healthcare, etc. Therefore, speaking about the content of climate law, one should not limit ourselves only to legislation in the field of environmental protection and natural resource management.

The country’s climate legislation is based primarily on the UN Framework Convention on Climate Change (New York, May 9, 1992) [9], the Kyoto Protocol of the UNFCCC (Kyoto, December 11, 1997 ) [10] and the Paris Agreement on Climate Change UNFCCC (Paris, December 12, 2015) [11]. In accordance with these international legal acts, the country is consistently working to improve environmental and other legislation with an emphasis on establishing obligations of government agencies to mitigate the consequences and adapt to climate change, including measures to reduce GHG emissions, introduce strict environmental requirements for economic and other activities.

As a result of the work done to improve environmental legislation, the share of legal norms on the protection of the climate system has increased in many ways.

The Law “On Nature Protection” (2014) establishes the basic principles and directions in the field of environmental protection, systematizes the main goals and objectives of environmental activities.

For the first time, the Law included climate among the natural objects subject to protection. The law provides for measures to combat climate change and mitigate its negative consequences in order to stabilize the concentration of GHGs [Greenhouse Gases] in the atmosphere. In this regard, requirements are established for all ministries and departments, as well as enterprises, for planning measures to protect the climate system, which must be included in the relevant plans and programs for the development of industries, industries and territories.

Activities to protect the climate system from anthropogenic changes include:

development of an inventory of anthropogenic emissions from sources and absorption by sinks of all GHGs;
regulation of the production and use of substances that negatively affect the climate in accordance with international treaties of Turkmenistan;
introduction and application of technologies, methods and processes that help reduce or stop anthropogenic GHG emissions;
international cooperation and exchange of experience on climate change issues based on scientific, technological, technical, socio-economic and other research;
carrying out other measures in the field of protecting the climate system and mitigating the negative consequences of climate change [3].

The Law on the Protection of Atmospheric Air (2016) also provides for specific measures to protect the climate system from anthropogenic climate change, obliges legal entities and individuals carrying out economic and other activities related to emissions to conduct an inventory of emissions of pollutants and GHGs into the atmosphere air. Such an inventory is necessary in order to identify and record all sources of emissions of pollutants and GHGs into the atmospheric air at enterprises, as well as to determine quantitative and qualitative indicators of emissions. The development of the Law sets the task of developing a State Inventory of Pollutant Emissions into Atmospheric Air – a database that lists, by emission source, the amount of pollutants and/or GHGs emitted into the atmosphere from sources in a certain territory during a year or other period of time. The same inventory will need to be prepared for GHG emissions into the air [4].

Law “On the Protection of the Ozone Layer” (2009). An ozone depleting substance (ODS) in accordance with the Lawis defined as anychemicalsubstance, existing alone or in a mixture, specified in Annex 1 to the Vienna Convention for the Protection of the Ozone Layer of March 22, 1985 and the list of substances in Annexes A, B, C, E to Montreal Protocol on Substances that Deplete the Ozone Layer, September 16, 1987.

Some of the main directions of government activity in the field of ozone layer protection are:

introduction of restrictions and prohibitions on the handling of ODS and products containing them;
determination of the procedure for handling ozone-depleting substances;
licensing of activities related to the export, import and production of ODS and (or) products containing ODS;
ensuring control over compliance with legislation on the protection of the ozone layer;
application of penalties for violation of legislation on the protection of the ozone layer;
ensuring free access to information in the field of ODS management [2].

Taking into account the requirements of the UNFCCC, the laws “On Pastures” (2015), “On Waste” (2015), the Water Code (2016), etc. were adopted. Work continues on the preparation of a draft new Land Code, the basis of which is planned to lay down the rational use of land resources with an emphasis on climate change.

In addition to environmental issues, climate change necessitates bringing into compliance legislation in the field of energy, including renewable energy, agriculture, etc.

The Law “On State Regulation of Agricultural Development” (2018) establishes the rational use of land, water resources and other natural resources for the needs of agricultural production;development of private property in agricultural production. Among the principles in the field of agricultural development are: availability of state support for agricultural producers; openness of information about state agricultural policy; the use of economic incentives that promote the stable and rational use of land, water resources and other natural resources to improve the efficiency of agricultural production; implementation of measures to ensure the consistency of state agricultural policy and its sustainable development; participation of agricultural producers in the improvement and implementation of state agricultural policy [5].

The Law “On Hydrocarbon Resources” (2008) establishes a number of environmental requirements for the development of hydrocarbon resources. In the process of carrying out petroleum operations, the contractor is obliged to comply with environmental and subsoil protection requirements to ensure the safety and protection of public health. It is prohibited to carry out emissions and discharges of pollutants without their preliminary treatment, discharge and burial on land, in the sea and surface waters of all types of waste, the use of equipment and methods whose safety has not been confirmed by the relevant authorized state bodies, the use of blasting operations on land, in the water column and on the seabed without permission from authorized government bodies. The contractor is obliged to take all necessary measures, including the use of modern equipment and technologies, to prevent the combustion or release of natural gas into the atmosphere, and to conduct environmental and production monitoring [1].

The Law on Renewable Energy Sources (2021) was an important step towards improving climate legislation. Renewable energy sources (RES) in accordance with the Law are defined as follows – energy sources that are continuously and inexhaustibly renewable due to naturally occurring natural processes, including solar energy, wind energy, the energy of the natural movement of water flows, the heat energy of the earth and the environment, anthropogenic sources of primary energy resources (biomass, biogas and other fuels obtained from organic waste), as well as other energy sources that are not non-renewable.

The main goals and objectives of the legislation on renewable energy sources include environmental protection, rational use of natural resources and achieving sustainable economic development. The main directions of state policy in the field of renewable energy sources are: development, implementation and implementation of general state plans providing for financing in the field of renewable energy sources from any sources; development and introduction into production of environmentally friendly technologies for the development of renewable energy sources, as well as safe and minimally hazardous technologies for waste processing; development and implementation of environmentally friendly, safe and minimally hazardous technologies for the operation of drilling wells, development of work to eliminate emissions of environmental pollutants in the production and use of renewable fuels; stimulating activities for the construction and operation of installations for the use of solar energy for hot water supply, heating and electricity production; support for the construction in cities, towns and rural settlements of energy-efficient buildings, the energy supply of which is fully or partially provided by energy produced using renewable energy sources, etc. [6].

There are other regulatory legal acts that provide for specific requirements and the implementation of appropriate measures to combat climate change.

Prospects for the development of climate legislation are laid down in a number of country program documents. Program of the President of Turkmenistan for the socio-economic development of the country for the period 2019-2025 provides for measures related to climate change mitigation, adaptation and transformation to reduce GHG emissions. The priority of environmental policy is the sustainable socio-economic development of the country, which directly depends on the implementation of measures to improve the environmental situation, the efficient use of natural resources, the creation of favorable conditions for their restoration and protection, and the provision of favorable living conditions for the population. The program also includes the development of hydrocarbon resources, the construction of new facilities, the development of renewable energy sources, energy security and efficiency, environmental protection, the creation and development of forest areas and measures to combat desertification as the most important measures for sustainable development [12].

The further development of climate legislation in Turkmenistan makes it important to study and use the positive experience of foreign countries in this area. Such experience has been accumulated in the European Union (EU), where fundamental changes are taking place in terms of accelerated transition to implement the Paris Climate Agreement and introduce the principles of a green economy. In December 2020, the EU summit approved the European Green Deal to ensure the sustainability of its economy by transforming climate and environmental challenges wherever possible in all strategic areas. The European Green Deal is Europe’s structural response and new growth strategy aimed at transforming the EU into a modern, resource-efficient and competitive economy in which:

 net GHG emissions reduced to zero by 2050;

 there is no dependence of economic growth on the use of resources;

 protection, sustainable management and restoration of natural capital is carried out;

 the health and well-being of citizens are protected from risks and impacts associated with the state of the environment;

 no person and no place were left behind.

The European Green Deal is a program of action to improve resource efficiency by moving towards a clean, circular economy and halting climate change, reversing biodiversity loss and reducing pollution. The program contains a description of the required investments and available financing instruments. It covers all sectors of the economy, in particular transport, energy, agriculture, construction and industries such as steel, cement, ICT, textiles and chemicals. In accordance with this Program, further improvement of climate legislation is planned [17].

Currently, Turkmenistan is preparing the Fourth National Communication on Climate Change and the country’s Biennial Report to the UNFCCC. These strategic documents for Turkmenistan are being developed with the support of the United Nations Development Program (UNDP) and the United Nations Environment Program (UNEP) within the framework of the project “Sustainable Cities in Turkmenistan: Integrated Development of Green Cities in Ashgabat and Avaza.” Its preparation will make it possible to develop a national strategy for reducing GHG emissions, assessing vulnerability and adapting to climate change; continue to work to increase awareness, education and dissemination of information on climate change issues; promote the expansion of scientific research in all areas related to climate change; create and strengthen institutional, scientific, technical, and information potentials [13].

In October 2016, Turkmenistan submitted its first Nationally Determined Contribution (NDC) to the UNFCCC Secretariat to meet its commitments under the Paris Agreement. Our country also joined the group of states that were the first to fulfill the commitments made at COP-26 to update national plans by setting more ambitious goals [14].

The Government of Turkmenistan has approved an updated Nationally Determined Contribution (NDC) on climate change. The NDC was developed by the Government of Turkmenistan in close cooperation with UNDP. The document sets out an action plan to mitigate the effects of climate change with the long-term goal of keeping global average temperature increases well below 2C above pre-industrial levels, while working to limit the increase to 1.5C in line with the goals of the Paris Agreement.

Reducing emissions is the highest possible goal that Turkmenistan can achieve by implementing measures to reduce GHG emissions in sectors such as energy, transport, agriculture, industrial processes and product use (IPUP), waste, as well as by leveraging the associated mitigation benefits from adaptation measures to climate change [15].

In his speech at COP28, the Respected President of Turkmenistan noted that the NDC is a strategic document whose goal is to reduce GHG emissions by 20% in 2030 compared to 2010. The country is implementing a number of projects aimed at modernizing production for the country. It is necessary to develop a specific Work Plan for the implementation of Turkmenistan’s NDC under the Paris Agreement with specific activities, implementing agencies, deadlines and budget.

Also, on the initiative of Ashgabat, it is planned to create a Regional Center for Climate Technologies for the countries of Central Asia under the auspices of the UN. On November 13, 2022, a corresponding Memorandum was signed with the UN Environment Program [16].

One of the main directions of Turkmenistan’s environmental strategy is to reduce and eradicate the negative consequences of GHG emissions into the atmosphere. President of Turkmenistan Serdar Berdimuhamedov approved the Roadmap for the development of international cooperation for 2023–2024 in order to explore the issue of Turkmenistan joining the Global Methane Commitment. The next step was Turkmenistan joining the Global Methane Commitment. The President of Turkmenistan Serdar Berdimuhamedov stated this in his speech at COP-28 in December 2023 in Dubai (UAE). Thus, our country has committed itself to implementing policies and measures aimed at reducing the anthropogenic load on the climate system. States that subscribe to this commitment agree to take voluntary action to participate in the global effort to reduce anthropogenic methane emissions by at least 30% below 2020 levels by 2030.

By the Decree of the President of Turkmenistan on June 2, 2023, an Interdepartmental Commission to Reduce Methane Emissions was created, its composition was approved, which included representatives of the main sectors of the economy associated with GHG emissions. The Commission is charged with facilitating the implementation of international methane agreements and improving coordination among all stakeholders to reduce methane emissions. In this regard, it is necessary to identify specific measures to reduce emissions of methane and other GHGs, including them in a specific action plan. Such measures may include, for example, the creation and implementation of a National Inventory system for GHG emissions and sinks, which involves mandatory reporting of emissions by enterprises, the development of indicators for reducing GHG emissions by economic sector, as well as the formation and implementation of a system for monitoring, reporting and verifying the volume of emissions PG.

Prospects for improving environmental legislation are also included in the new edition of the National Strategy of Turkmenistan on Climate Change [8]. It provides for measures to improve legislation through the adoption of an appropriate law on climate change. Taking this into account, it is important in the law to provide for specific measures to reduce GHG emissions through the use of government regulatory instruments, including the establishment of emission quotas, the introduction of taxes that stimulate the reduction of emissions, the introduction of reporting on GHG emissions, as well as the development of a national inventory of anthropogenic GHG emissions. In addition, legal support for adaptation to climate change provides for the development of programs to reduce vulnerability and increase the resilience of industries vulnerable to climate change, as well as planning adaptation measures based on the mandatory preparation of a unified national adaptation plan and corresponding plans at the level of industries and territories. Institutional development involves additional responsibilities of ministries and departments to combat the negative manifestations of climate change, the creation of a mechanism for interdepartmental coordination, as well as the consolidation of education, training and public awareness on the problems of climate change and its consequences [17].

Thus, taking an active part in the development and implementation of international climate policy, Turkmenistan at the national level seeks to take concrete steps to fulfill its obligations under international agreements. The climate policy of Turkmenistan is based on national interests related to improving the quality of life of the population, preserving the health of the people in a changing climate, environmental protection and rational use of natural resources.

LITERATURE

Law of Turkmenistan“On hydrocarbon resources” dated August 18, 2008 // Gazette of the Mejlis of Turkmenistan. 2008 No. 3. Art.40.
Law of Turkmenistan“On the Protection of the Ozone Layer” dated August 15, 2009 // Gazette of the Mejlis of Turkmenistan. 2009 No. 3. Art.54.
Law of Turkmenistan“On Nature Protection” dated March 1, 2014 // Gazette of the Mejlis of Turkmenistan. 2014 No. 1. Art.40.
Law of Turkmenistan“On the protection of atmospheric air” dated March 26, 2016 // Gazette of the Mejlis of Turkmenistan. 2016 No. 1. Art.51.
Law of Turkmenistan“On state regulation of agricultural development” dated June 9, 2018 // Gazette of the Mejlis of Turkmenistan. 2018 No. 2. Art. 31.
Law of Turkmenistan“On Renewable Energy Sources” dated March 13, 2021. Available at: https://minjust.gov.tm/mcenter-single-ru/463
Kepbanov Y.A. Legal aspects of solving the problem of climate change in Turkmenistan. Problems of desert development 2023, No. 3-4. https://science.gov.tm/files/journals/desert-2023-3-4.pdf
National Strategyof Turkmenistan on climate change. Approved by the Resolution of the President of Turkmenistan dated September 23, 2019, No. 1415 // Collection of acts of the President of Turkmenistan and decisions of the Government of Turkmenistan. 2019 No. 9, Art. 1301.
Resolution of the Mejlisof Turkmenistan on ratification of the UN Framework Convention on Climate Change (New York, May 9, 1992 ) dated June 5, 1995.
Resolution of the Mejlisof Turkmenistan on the ratification of the Kyoto Protocol to the UN Framework Convention on Climate Change (Kyoto, December 11, 1997) dated December 10, 1998 No. 333-1 // Gazette of the Mejlis of Turkmenistan. 1998 No. 4. Art. 72. (Repealed December 12, 2015).
Resolution of the Mejlisof Turkmenistan on the ratification of the Paris Agreement to the UN Framework Convention on Climate Change (Paris, December 12, 2015) dated October 15, 2016 // Gazette of the Mejlis of Turkmenistan. 2016 No. 4. Art. 149.
Program of the Presidentof Turkmenistan for socio-economic development for the period 2019-2025. Approved by Resolution of the President of Turkmenistan dated February 1, 2019 No. 1111.
Turkmenistan is preparing the Fourth National Communication on Climate Change