A/HRC/35/4
protection gaps in view of a lack of recognition of the right to conscientious objection and a
high degree of militarization owing to historical and geopolitical backgrounds. 82
57.
For example, with regard to the northern part of Cyprus, the Special Rapporteur on
freedom of religion or belief noted that the absence of provisions concerning conscientious
objection meant in practice that objectors faced the risk of punitive measures, and he
referred to information received about six individuals who had submitted written refusals to
take part in military training. He recommended that the de facto authorities recognize the
right to conscientious objection to military service and ensure that conscientious objectors
have the option of performing alternative civilian service that is compatible with their
reasons for conscientious objection and does not have punitive effects.83 One contribution
for the present report noted that a “parliamentary committee” was investigating the
possibility of instituting alternative service for conscientious objectors in the northern part
of the island and had taken evidence from representatives of the conscientious objection
movement in September 2016.84
58.
The Special Rapporteur on freedom of religion or belief has also expressed concern
at the situation in the Transnistrian region of the Republic of Moldova, where individuals
who did not participate in regular military exercises were punished, without the possibility
of being exempted from military service or of performing an alternative service. 85 The
Special Rapporteur urged the “authorities” of the Transnistrian region of the Republic of
Moldova to cease without delay practices of detaining persons objecting on grounds of
religion or conscience to military service, and to develop rules for alternative service for
such conscientious objectors. 86 In 2013, it was reported that persons known to be
conscientious objectors had not been called up for military service in the Transnistrian
region of the Republic of Moldova, 87 and that rules for a civilian alternative service for
conscientious objectors had been adopted.88
59.
In contributions for the present report it was noted that no progress had been made
for conscientious objectors in other disputed territories in the South Caucasus region. 89
V. Conclusions and recommendations
60.
Under international law, the right to conscientious objection to military service
inheres in the right to freedom of thought, conscience and religion or belief. The
present report shows that there have been important legal developments in
recognition of conscientious objection to military service at the international, regional
and national levels since the United Nations High Commissioner for Human Rights
presented the previous analytical report to the Human Rights Council in 2013.
61.
Some States have adopted laws and regulations that have led to the release of
imprisoned conscientious objectors or that equalized the durations of military and
alternative service. Furthermore, some national legislation explicitly provides for
conscientious objection during military service and after the service has been
completed. The rights of conscientious objectors have also been recognized when a
country mobilizes for armed conflict.
82
83
84
85
86
87
88
89
Bielefeldt, Ghanea and Wiener, Freedom of Religion or Belief, pp. 286-288.
See A/HRC/22/51/Add.1, paras. 68 and 87.
Contribution from the International Fellowship of Reconciliation.
See A/HRC/19/60/Add.2, paras. 53 and 69.
Ibid., para. 87. See also the Special Rapporteur’s follow-up table, pp. 18-21, available at
www.ohchr.org/Documents/Issues/Religion/FollowUpCyprus.pdf.
Thomas Hammarberg, Senior Expert, “Report on human rights in the Transnistrian region of the
Republic of Moldova” (2013), available at www.un.md/publicdocget/41/, p. 43.
Contributions from the International Fellowship of Reconciliation and from the Office of the General
Counsel of Jehovah’s Witnesses.
Contributions from the European Bureau for Conscientious Objection, the International Fellowship of
Reconciliation and the Office of the General Counsel of Jehovah’s Witnesses.
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