A/HRC/9/24 page 5 conscientious objector, and the different forms of substitute service permitted, are compatible with the provisions of the conventions quoted above. Therefore, the Commission must examine the allegations of the petitioner in relation to the alleged affection of other rights such as the right to education and the right to freedom of movement caused by the lack of a military identity card.”4 12. In other developments, the Ibero-American Convention on Young People’s Rights, which entered into force on 1 March 2008, recognizes the right to conscientious objection. The Convention sets out specific rights for young people between 15 to 24 years of age and recognizes them as strategic actors in development. Article 12 of the Convention reads, “Young people have the right to form a conscientious objection against compulsory military service.” The Convention also includes a commitment of States to create legal instruments to safeguard this right, and to progressively end compulsory service.5 13. In developments at the national level, there have been a number of judicial decisions concerning conscientious objection to military service. On 27 June 2007, the Constitutional Court of Ecuador decided that articles 88 and 108 of the military service law violated the Constitution. Article 88 provides that all male Ecuadorians who do not present themselves in order to fulfil their military obligations are considered draft evaders and are subject to sanctions until they legalize their situation, which frequently is by payment of a “compensation quota” to obtain military documents. Article 108 requires conscientious objectors to apply to the director of recruitment of the Ecuadorian armed forces, and, if recognized as conscientious objectors, to serve in the development units of the armed forces. The Court found that service in the development units of the armed forces was incompatible with conscientious objection, and also decided that the director of recruitment could not be an independent and impartial judge to decide whether someone is a conscientious objector.6 14. On 15 August 2007, the Constitutional Court of Colombia made a decision concerning the libreta militar. The issue concerned not the legality of the card itself, but about payment for it. In this regard, article 22 of Law 48/1993 on military service, requires that Colombians who do not serve in the military pay a “compensation quota” to the Treasury, the value of which is to be determined by the Government. In its judgement C-621/07, the Constitutional Court found that the part of the law which authorized the Government to define the value of the quota unconstitutional, reasoning that the quota was basically a tax or contribution, and that the power to determine taxes is within the domain of the Colombia Congress and cannot be delegated to the Government. The decision is of limited scope and does not affect the obligation to carry the libreta militar. 4 Xavier Aljandro León Vega v. Ecuador, Case 278-02, Report No. 22/06, Inter-Am. C.H.R., OEA/Ser.L/V/II.124 Doc.5 (2006) (admissibility). 5 Child Rights Information Network, News Release, 2 April 2008. As of 1 February 2008, the Convention had been ratified by Costa Rica, Ecuador, the Dominican Republic, Honduras and Spain. 6 Registro Oficial No. 114, 27 de Junio del 2007 (Ecuador).

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