A/HRC/41/23
that there had been no registered cases in recent years of refusal to perform military service
due to religious identity or legal cases in connection with evading military service for
religious reasons, two Jehovah’s Witnesses received criminal convictions for their
conscientious objection to military service in 2018. 22
2.
Availability of information on the right to conscientious objection and transparency of
procedures to exercise it
17.
In its resolution 24/17, the Human Rights Council affirmed the importance of the
availability of information on the right to conscientious objection to military service, and
the means of acquiring conscientious objector status, to all persons affected by military
service. It also welcomed initiatives to make such information widely available, and
encouraged States, as applicable, to provide information to conscripts and persons
voluntarily in the military service about the right to conscientious objection. The right to
have access to information held by public bodies is an integral part of the fundamental right
of freedom of expression, guaranteed by both the International Covenant on Civil and
Political Rights and article 19 of the Universal Declaration of Human Rights and
encompassing the freedom to seek, receive and impart information and ideas through any
media, regardless of frontiers. The right to freedom of expression and of access to
information requires States not to prohibit the dissemination of information on the right to
conscientious objection to military service.23
18.
The Special Rapporteur on freedom of religion or belief has commented on the
importance of transparent procedures for conscientious objectors (A/HRC/19/60/Add.1,
para 64 (g)). The Human Rights Committee has also stressed the requirement of
transparency in both the process and the criteria for granting conscientious objector status,
recommending that States adopt specific regulations on conscientious objection so as to
ensure that the right can be effectively exercised, and guarantee that information about its
exercise is properly disseminated to the entire population (CCPR/C/PRY/CO/2, para. 18).
They should clarify the grounds under which applications for an alternative to military
service are accepted or rejected, and take relevant measures to ensure that the right to
conscientious objection is upheld (CCPR/C/EST/CO/3, para. 14).
19.
At the regional level, the Parliamentary Assembly of the Council of Europe set the
principle in its resolution 337 (1967) that persons liable for military service should be
informed, when notified of their call-up or prospective call-up, of the rights that they are
entitled to exercise.
20.
National practice shows the variety of approaches used. In Austria, relevant
information is sent out with recruitment papers, and the form may be downloaded from the
website of the civilian services agency. In Hungary, when conscription was still in force
(until 2015), recruitment papers listed the possibility of civilian service without the
requirement of a statement of conscientious objection. In the Russian Federation, in order to
exercise the right to perform alternative civilian rather than military service, a citizen who
is eligible for alternative civilian service on one of three recognized grounds must appear in
person at the municipal training office of the military commissariat where the citizen is
registered in order to inform authorities of the relevant reason.24 While persons serving in
any of the three branches of the military in the United Kingdom of Great Britain and
Northern Ireland are able to apply for a discharge as a conscientious objector, information
about how to apply for conscientious objection is not actually in the public domain. 25 This
gives ground to the claim by a non-profit research and campaigning organization that many
people are unaware of their right to discharge if they develop a conscientious objection. 26
22
23
24
25
26
6
Ibid. See also www.forum18.org/archive.php?article_id=2415.
For example, article 318 of the Penal Code of Turkey criminalizes “alienating the public from
military service”; in 2013, this was amended to specifically address statements or conduct that
“encourage and inspire people to desert or not to participate in military service”.
Submission by the Russian Federation.
Submission by the Quaker.
See www.parliament.uk/documents/joint-committees/human-rights/
Briefing_from_Forces_Watch_Conscientious_objection.pdf.
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