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. 15

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