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

The dynamics of development and gradual improvement of environmental legislation in Turkmenistan are analyzed in his research by Mergen KEPBANOV, expert and director of the project office of the Regional Environmental Center for Central Asia (CAREC) in Turkmenistan :

 

Achieving the UN Framework Convention on Climate Change (UNFCCC) and the Paris Agreement to limit global warming, and the resulting new “zero emissions” requirements, places significant obligations on countries to mitigate climate change and develop long-term low-carbon development strategies. Measures implemented under the Paris Agreement are an important part of efforts to implement the Sustainable Development Goals (SDGs) and the global community’s transition to a “green” development path. Stated national goals include measures to mitigate and adapt to climate change, as well as the creation of an appropriate regulatory framework.

In the context of implementing international obligations under the UNFCCC and the Paris Agreement, Turkmenistan’s policy is aimed at “greening” all sectors of the economy, rationally managing natural resources, and mitigating and adapting to climate change. Legislation, which must currently reflect the specific nature of ongoing processes aimed at neutralizing and curbing negative climate impacts, is a key planned measure.

In academic legal literature, there is considerable discussion and debate regarding the emergence of a new branch of law—climate law—and its structure and content . Measures taken with negative consequences due to climate change affect many sectors of the economy and management. These sectors include agriculture, industry, energy (including renewable energy), utilities, healthcare, and others. Therefore, when discussing the content of climate law, one should not limit oneself to legislation on environmental protection and natural resource management.

The country’s climate legislation is based primarily on the United Nations 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 of the 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 for government agencies to mitigate the effects of and adapt to climate change, including measures to reduce GHG emissions and the introduction of strict environmental requirements for economic and other activities.

As a result of the work carried out to improve environmental legislation, the proportion of legal norms on the protection of the climate system has increased significantly.

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

For the first time, the Law included the climate among the natural resources subject to protection. It provides for measures to combat climate change and mitigate its adverse effects in order to stabilize GHG concentrations in the atmosphere. In this regard, all ministries and agencies, as well as enterprises, are required to plan climate protection measures, which must be included in relevant plans and programs for the development of industries, industries, and territories.

Measures 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;
• implementation and application of technologies, methods and processes that contribute to the reduction or cessation of anthropogenic GHG emissions;
• international cooperation and exchange of experience on climate change issues based on scientific, technological, technical, socio-economic and other research;
• implementation of other activities in the field of protecting the climate system and mitigating the negative consequences of climate change [3].

The Law on Atmospheric Air Protection (2016) also provides for specific measures to protect the climate system from anthropogenic climate change and obligates legal entities and individuals engaged in economic and other activities related to emissions to conduct an inventory of pollutant and GHG emissions into the atmosphere. Such an inventory is necessary to identify and account for all sources of pollutant and GHG emissions into the atmosphere at enterprises, as well as to determine the quantitative and qualitative indicators of emissions. The Law further aims to develop a State Cadastre of Pollutant Emissions into the Atmospheric Air – a database listing, by emission source, the quantity of pollutants and/or GHGs emitted into the atmosphere from sources in a certain territory during a year or other period of time. A similar inventory will need to be prepared for GHG emissions into the atmosphere [4].

The Law on the Protection of the Ozone Layer (2009). According to the Law, an ozone-depleting substance (ODS)is defined as anychemicalsubstance, whether existing alone or in a mixture, listed in Annex 1 of the Vienna Convention for the Protection of the Ozone Layer of March 22, 1985, and the list of substances in Annexes A, B, C, and E of the Montreal Protocol on Substances that Deplete the Ozone Layer of September 16, 1987.

Some of the main areas of state 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 handling ODS [2].

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

In addition to environmental issues, climate change necessitates the need to align legislation in the areas of energy, including renewable energy, agriculture, and others.

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;the development of private property in the production of agricultural products. The principles in the field of agricultural development include: the availability of state support for agricultural producers; openness of information on 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; the implementation of measures to ensure the consistency of state agricultural policy and its sustainable development; the 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. During petroleum operations, the contractor is obligated to comply with environmental and subsoil protection requirements to ensure public safety and health. Emissions and discharges of pollutants without prior purification, the discharge and burial of all types of waste on land, at sea, and in surface waters, the use of equipment and methods whose safety has not been confirmed by the relevant authorized government agencies, and the use of blasting operations on land, in the water column, and on the seabed without permission from authorized government agencies are prohibited. The contractor is obligated to take all necessary measures, including the use of modern equipment and technology, to prevent the flaring 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 toward improving climate legislation. According to the Law, renewable energy sources (RES) are defined as energy sources that are continuously and inexhaustibly renewed through natural processes, including solar energy, wind energy, the energy of natural water flows, the heat of the earth and the environment, anthropogenic primary energy sources (biomass, biogas, and other fuels derived from organic waste), as well as other energy sources that are not classified as 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 areas of state policy in the field of renewable energy sources are: development, implementation and execution 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 introduction of environmentally friendly, safe and minimally hazardous technologies in the operation of boreholes, development of work to eliminate emissions of substances polluting the environment in the production and use of renewable fuels; stimulation of activities in the construction and operation of installations using solar energy for hot water supply, heating and electricity generation; support for the construction in cities, towns and rural communities of energy-efficient buildings, the energy supply of which is fully or partially carried out due to the energy produced using renewable energy sources, etc. [6].

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

Prospects for the development of climate legislation are laid out in a number of the country’s policy documents. The President of Turkmenistan’s Program for the Socioeconomic Development of the Country for the Period 2019-2025 includes measures related to climate change mitigation, adaptation, and transformation to reduce GHG emissions. The priority of environmental policy is the country’s sustainable socioeconomic development, 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 zones, and measures to combat desertification as the most important measures for sustainable development [12].

The further development of Turkmenistan’s climate legislation necessitates studying and leveraging the positive experience of other countries in this area. Such experience has been accumulated in the European Union (EU), which is undergoing fundamental changes to accelerate the implementation of the Paris Climate Agreement and the adoption of green economy principles. In December 2020, the EU summit endorsed the European Green Deal to ensure the sustainability of the EU economy by addressing climate and environmental challenges wherever possible in all strategically important areas. The European Green Deal is Europe’s structural response and a 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 was left out.

The European Green Deal is an action plan aimed at increasing resource efficiency by transitioning to a clean, circular economy and halting climate change, reversing biodiversity loss, and reducing pollution. The program outlines the necessary investments and available financing instruments. It covers all economic sectors, including transport, energy, agriculture, construction, and industries such as steel, cement, ICT, textiles, and chemicals. Further improvements to climate legislation are planned under this program [17].

Turkmenistan is currently preparing the Fourth National Communication on Climate Change and the Biennial Country Report to the UNFCCC. These strategic documents for Turkmenistan are being developed with the support of the United Nations Development Programme (UNDP) and the United Nations Environment Programme (UNEP) within the framework of the project “Sustainable Cities in Turkmenistan: Integrated Development of Green Cities in Ashgabat and Avaza”. Its preparation will allow for the development of a national strategy for the reduction of GHG emissions, an assessment of vulnerability and adaptation to climate change; continuation of work to increase awareness, improve the level of education and dissemination of information on climate change issues; promotion of the expansion of scientific research in all areas related to climate change; creation and strengthening of institutional, scientific, technical and information potential [13].

In October 2016, Turkmenistan submitted its first Nationally Determined Contribution (NDC) to the UNFCCC Secretariat to fulfill 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 their national plans, 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 collaboration with UNDP. The document represents an action plan to mitigate climate change with the long-term goal of holding the increase in the global average temperature to well below 2°C above pre-industrial levels, while pursuing efforts to limit the increase to 1.5°C in line with the goals of the Paris Agreement.

Emission reduction is the highest possible target that Turkmenistan can achieve by implementing measures to reduce GHG emissions in sectors such as energy, transport, agriculture, industrial processes and product use (IPPU), waste, and by using the co-benefits of mitigation from climate change adaptation measures [15].

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

Also, at the initiative of Ashgabat, it is planned to create a Regional Climate Technology Centre for Central Asian countries under the auspices of the UN. On November 13, 2022, a corresponding Memorandum was signed with the UN Environment Programme [16].

One of the key areas of Turkmenistan’s environmental strategy is reducing and eliminating the negative impacts of GHG emissions into the atmosphere. President of Turkmenistan Serdar Berdimuhamedov approved the Roadmap for the Development of International Cooperation for 2023–2024 to explore Turkmenistan’s accession to the Global Methane Commitment. The next step was Turkmenistan’s accession to the Global Methane Commitment. President of Turkmenistan Serdar Berdimuhamedov announced this in his speech at COP-28 in December 2023 in Dubai, UAE. Thus, our country has committed to implementing policies and measures aimed at reducing the anthropogenic load on the climate system. States that have joined this commitment agree to voluntary actions to participate in the global effort to reduce anthropogenic methane emissions by at least 30% by 2030 compared to 2020 levels.

By a decree of the President of Turkmenistan dated June 2, 2023, an Interdepartmental Commission on Methane Emissions Reduction was established and its composition approved. It includes representatives from key economic sectors associated with GHG emissions. The Commission is mandated to facilitate the implementation of international agreements on methane and improve coordination among all stakeholders in reducing methane emissions. In this regard, specific measures to reduce methane and other GHG emissions will be identified and included in a specific action plan. Such measures may include, for example, the creation and implementation of a National Inventory of GHG Emissions and Sinks system, which requires mandatory reporting of emissions by enterprises, the development of GHG emission reduction indicators by economic sector, and the development and implementation of a system for monitoring, reporting, and verifying GHG emissions.

Prospects for improving environmental legislation are also included in the new version of the National Strategy of Turkmenistan on Climate Change [8]. It provides for measures to improve legislation by adopting a corresponding law on climate change. Taking this into account, it is important to provide for specific measures in the law to reduce GHG emissions through the use of state regulation instruments, including the establishment of emission quotas, the introduction of taxes that stimulate the reduction of emissions, the introduction of reporting on GHG emissions, and the development of a national inventory of anthropogenic GHG emissions. In addition, the legal framework 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 the planning of adaptation measures based on the mandatory preparation of a unified national adaptation plan and corresponding plans at the industry and territorial levels. Institutional development implies additional responsibilities of ministries and departments to combat the negative effects of climate change, the creation of an interdepartmental coordination mechanism, and the consolidation of issues of education, training, and public awareness on the problems of climate change and its consequences [17].

Thus, by actively participating in the development and implementation of international climate policy, Turkmenistan strives to take concrete steps at the national level to fulfill its commitments under international agreements. Turkmenistan’s climate policy is based on national interests related to improving the quality of life of the population, maintaining public health in a changing climate, protecting the environment, and rationally managing natural resources. 

LITERATURE

1. Law of Turkmenistan “On Hydrocarbon Resources” of August 18, 2008 // Bulletin of the Mejlis of Turkmenistan. 2008, No. 3. Art. 40.
2. Law of Turkmenistan “On the Protection of the Ozone Layer” of August 15, 2009 // Bulletin of the Mejlis of Turkmenistan. 2009, No. 3. Art. 54.
3. Law of Turkmenistan “On Nature Protection” of March 1, 2014 // Bulletin of the Mejlis of Turkmenistan. 2014, No. 1. Art. 40.
4. Law of Turkmenistan “On the Protection of Atmospheric Air” dated March 26, 2016 // Bulletin of the Mejlis of Turkmenistan. 2016, No. 1. Art. 51.
5. Law of Turkmenistan “On state regulation of agricultural development” dated June 9, 2018 // Bulletin of the Mejlis of Turkmenistan. 2018, No. 2. Art. 31.
6. Law of Turkmenistan “On Renewable Energy Sources” dated March 13, 2021. Available at: https://minjust.gov.tm/mcenter-single-ru/463
7. Kepbanov, E.A. Legal Aspects of Addressing Climate Change in Turkmenistan. Desert Development Issues 2023, nos. 3–4. https://science.gov.tm/files/journals/desert-2023-3-4.pdf
8. National Strategy of Turkmenistan on Climate Change. Approved by the Decree 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.
9. Resolution of the Mejlis of Turkmenistan on ratification of the UN Framework Convention on Climate Change (New York, May 9, 1992 ) dated June 5, 1995.
10. Resolution of the Mejlis of Turkmenistan on ratification of the Kyoto Protocol to the UN Framework Convention on Climate Change (Kyoto, December 11, 1997) dated December 10, 1998 No. 333-1 // Bulletin of the Mejlis of Turkmenistan. 1998 No. 4. Art. 72. (Repealed on December 12, 2015).
11. Resolution of the Mejlis of Turkmenistan on ratification of the Paris Agreement to the UN Framework Convention on Climate Change (Paris, December 12, 2015) dated October 15, 2016 // Bulletin of the Mejlis of Turkmenistan. 2016, No. 4. Art. 149.
12. The Program of the President of Turkmenistan for Socioeconomic Development for the Period 2019-2025. Approved by the Resolution of the President of Turkmenistan dated February 1, 2019, No. 1111.
13. Turkmenistan is preparing its Fourth National Communication on Climate Change

https :// orient . tm / ru / old / post /26987/ turkmenistan – gotovit – chetvertoe – nacionalnoe – sooshchenie – ob – izmenenii – klimata

14. Turkmenistan participates in international efforts to combat climate change https://turkmenistan.gov.tm/ru/post/67663/turkmenistan-uchastvuet-v-mezhdunarodnyh-usiliyah-po-borbe-s-izmeneniem-klimata
15. Turkmenistan has updated its Nationally Determined Contribution on Climate Change. https://turkmenportal.com/blog/47254/turkmenistan-obnovil-opredelyaemyi-na-nacionalnom-urovne-vklad-po-izmeneniyu–klimata
16. Turkmenistan will join the Global Methane Commitment. https://turkmenportal.com/blog/70398/turkmenistan-prisoedinitsya-k-globalnomu-metanovomu-obyazatelst…
17. EU Environmental Policy . https://wecoop.eu/ru/regional-knowledge-centre/eu-policies-regulations/