A/HRC/41/23 12. In Norway, applications for conscientious objection to military service are made by signing a standard form available from the Ministry of Justice. 17 Since Norway suspended alternative service in 2011, conscientious objectors are simply exempted from military service. In Switzerland, although applicants have to request an application form from the Ministry of Economic Affairs, they are no longer required to provide any explanation of the reasons for their conscientious objection (but need to state a conflict of conscience with military service),18 nor to undergo an interview by a commission (in the past, made up of civilians chosen by the Ministry). B. Human-rights compliant application procedures 13. Besides the system whereby a State accepts a person’s claim of conscientious objection as valid without any process, the other existing system is an inquiry based on documentation and other types of evidence. Application procedures and recognition processes are vital to ensure the realization of the right to conscientious objection in practice. The criteria contained in the present section are primarily derived from international standards and jurisprudence, with reference to regional instruments, as relevant. They spell out the requirements for providing alternative service to the individual conscientious objector and are intended to inform the design of application procedures that are compliant with international human rights law. The criteria are intended primarily to provide technical guidance for members of parliament and government officials who may be involved in the drafting of relevant laws or administrative regulations, but also for State officials responsible for their implementation and, ultimately, for civil society organizations monitoring States’ compliance with their human rights obligations with respect to the right to conscientious objection to military service. Legislative/regulatory framework in place 19 1. 14. Countries with military conscription that recognize the right to conscientious objection should have a legislative or regulatory framework in place on conscientious objection to military service so that this right can be effectively exercised (CCPR/C/PRY/CO/2, para. 18). 15. Azerbaijan, while having enshrined the right to conscientious in article 76 (II) of its Constitution, has not yet introduced legislation to give effect to the right to conscientious objection in practice.20 In 2018, two Jehovah’s Witnesses were convicted for conscientious objection to military service and sentenced to a one-year suspended prison term and a year of probation. 21 The Human Rights Committee had recommended that Azerbaijan adopt such legislation without limitation on the category of beliefs, provide for alternative service of a civilian nature for conscientious objectors, and repeal all sanctions against them (CCPR/C/AZE/CO/4, para. 35). 16. In the process of adopting or amending alternative service legislation, some States report on challenges with regard to national security, maintaining equity with conscript soldiers, or preventing abuse of the alternative service system, as well as a lack of national consensus on the matter. In its submission, the Government of Azerbaijan referred to the existing conflict over the Nagorno-Karabakh region and the political difficulties linked to it as a major barrier to enacting legislation on alternative service. While the State clarified 17 18 19 20 21 Submission by the Quaker United Nations Office and War Resisters’ International. See submission from InfoDroit. For a detailed analysis of the legal framework, see Heiner Bielefeldt, Nazila Ghanea and Michael Wiener, Freedom of Religion or Belief: An International Law Commentary (Oxford University Press, 2016), pp. 258–293. Submissions by Azerbaijan and War Resisters’ International. On its accession to the Council of Europe in 2001, Azerbaijan pledged to adopt a law on alternative service, in compliance with European standards, by January 2003; see www.coe.int/nn/web/commissioner/-/the-right-toconscientious-objection-to-military-service-should-be-guaranteed-in-all-parts-of-euro1?desktop=true. Submission by War Resisters’ International. 5