A/HRC/35/4
62.
At the same time, challenges remain, as some States continue not to recognize
or fully implement the right to conscientious objection to military service in practice.
Cases of punishment and repeated trial of unrecognized conscientious objectors are
sources of concern, as is their stigmatization as holders of a criminal record and
public disclosure of their personal information. Furthermore, there remain undue
restrictions on freedom of expression for those who support conscientious objectors or
who support the right of conscientious objection. Moreover, in some States that have
recognized conscientious objection, the alternative service arrangements are not
accessible to all conscientious objectors and are punitive or discriminatory in nature
or duration by comparison with military service.
63.
All persons affected by military service should have access to information about
the right to conscientious objection and the means of acquiring objector status. Those
who support conscientious objectors or who support the right of conscientious
objection to military service should fully enjoy their freedom of expression. States
should ensure that the right to object applies both to pacifists and to selective
objectors who believe that the use of force is justified in some circumstances but not in
others. Conscripts and volunteers should be able to object before the commencement
of military service as well as at any stage during and after military service.
64.
Alternative service arrangements should be accessible to all conscientious
objectors without discrimination as to the nature of their religious or non-religious
beliefs. States that do not accept claims of conscientious objection as valid without any
inquiry process should establish independent and impartial decision-making bodies to
determine whether a conscientious objection to military service is genuinely held in a
specific case. After any decision on conscientious objector status, there should always
be a right to appeal to an independent and civilian judicial body. States should ensure
that alternative service is compatible with the reasons for conscientious objection, of a
non-combatant or civilian character, in the public interest and not of a punitive
character. Any longer duration in comparison to military service is permissible only if
the additional time for alternative service is based on reasonable and objective
criteria.
65.
States must ensure that no one is detained arbitrarily, particularly in
indiscriminate round-ups with the aim of identifying young persons who have failed to
resolve their military status. States should release individuals who are imprisoned or
detained solely on the basis of their conscientious objection to military service.
Conscientious objectors should not be repeatedly punished for not having obeyed a
renewed order to serve in the military. Personal information of conscientious
objectors must not be disclosed publicly by the State and their criminal records
should be expunged. States must neither discriminate against conscientious objectors
in relation to their civil, cultural, economic, political and social rights nor stigmatize
them as “traitors”. Refugee status should be granted to those who have a well-founded
fear of persecution in their country of origin owing to their refusal to perform military
service when there is no provision, or no adequate provision, for conscientious
objection to military service.
16
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