A/HRC/35/4 F. Alternative service 20. States may, if they so wish, establish alternative service in place of compulsory military service, which is also recognized in article 8 (3) (c) (ii) of the Covenant, which provides that any national service required by law of conscientious objectors is not to be included within the meaning of the terms forced or compulsory labour. However, there is no requirement under international law for States to establish such a system, and they can simply excuse conscientious objectors from military service with no further action required from such persons. 21. Furthermore, the Human Rights Council and, previously, the Commission on Human Rights, set out criteria for alternative service, urging States to provide for conscientious objectors various forms of alternative service which are compatible with the reasons for conscientious objection, of a non-combatant or civilian character, in the public interest and not of a punitive character. 32 The Human Rights Committee has provided examples of conditions for alternative service that are “punitive in nature”, including the requirement to perform such services outside places of permanent residence, the receipt of low salaries, which are below the subsistence level for those who are assigned to work in social organizations, and the restrictions in freedom of movement for the persons concerned. 33 Moreover, States need to ensure accessibility and non-discrimination when providing any alternative to military service, which is problematic, for example when an exemption fee can be paid instead of doing military service,34 thus discriminating against those conscientious objectors who cannot afford to pay the fee. 22. Under international human rights law, there are no strict time limits for the permissible duration of alternative service. However, any longer duration in comparison to military service may be discriminatory if the additional time for alternative service is not based on reasonable and objective criteria, such as the nature of the specific service concerned or the need for a special training in order to accomplish that service. 35 The Human Rights Committee and the Special Rapporteur on freedom of religion or belief have recommended that States reduce the length of alternative civilian service to that of military service or at least to reduce the difference of their duration. 36 23. With regard to time limits for applying for conscientious objector status, the Special Rapporteur on freedom of religion or belief emphasized in two mission reports that conscientious objection might develop over time, even after a person had already participated in military training or activities, and thus strict deadlines should be avoided. 37 G. Claims to refugee status 24. Pursuant to article 14 of the Universal Declaration of Human Rights, everyone has the right to seek and to enjoy asylum from persecution. The Human Rights Council and, previously, the Commission on Human Rights, encouraged States, subject to the circumstances of the individual case meeting the other requirements of the definition of a refugee as set out in the Convention relating to the Status of Refugees of 1951 and the Protocol thereto of 1967, to consider granting asylum to those conscientious objectors to military service who have a well-founded fear of persecution in their country of origin 32 33 34 35 36 37 Council resolution 24/17; Commission resolution 1998/77. The Human Rights Committee has recommended providing for alternative service of a civilian nature outside the military sphere and not under military command for conscientious objectors (see CCPR/C/TKM/CO/2, para. 41). See CCPR/C/RUS/CO/6 and Corr.1, para. 23. See CCPR/C/MNG/CO/5, para. 23. See Human Rights Committee communication No. 666/1995, Foin v. France, Views adopted on 3 November 1999, para. 10.3. See CCPR/CO/79/RUS, para. 17; A/56/253, annex, para. 28. See A/HRC/19/60/Add.1, para. 56; A/HRC/22/51/Add.1, para. 69. 7