A/HRC/41/23
Following a freedom of information request placed by War Resisters’ International, 27
however, some information was obtained and published on its website. In Cyprus, although
there is provision in law for conscientious objection to military service and substitute social
service, information about these arrangements and access to them is problematic.
Conscripts have no real access to information, and the deadline for applications for
substitute service is very short, effectively raising a barrier to access to this right. 28
3.
Accessibly, availability and non-discrimination of the application procedure
(a)
Free application procedure
21.
The process for applying for status as a conscientious objector must be free; there
should be no charge for the procedure. Many States that recognize conscientious objection
do not charge for the application process or require a financial contribution in lieu of
military service. The Human Rights Committee has criticized the potential for
discrimination when there is a cost attached to exemption from military service. It
expressed concern about the exemption fee that can be paid in lieu of doing military
service, and the discrimination that may result therefrom (CCPR/C/MNG/CO/, para. 23).
(b)
Availability of the application procedure to all persons affected by military service
22.
Given that the right to change one’s religion or belief is fundamental to freedom of
religion or belief,29 serving conscripts, but also professional members of the armed forces
and reservists, can develop a conscientious objection. Application processes must therefore
be open to all persons affected by military service.
23.
At the regional level, in recommendation 1518 (2001), the Parliamentary Assembly
of the Council of Europe recommended that the Committee of Ministers invite Member
States that had not yet done so to introduce into their legislation the right for professional
members of the armed forces to apply for the granting of conscientious objector status. The
Committee of Ministers subsequently recommended in its recommendation
CM/Rec(2010)4 that professional members of the armed forces be able to leave the armed
forces for reasons of conscience.
24.
Only a limited number of States recognize the status of conscientious objectors to
professional soldiers. 30 With a general trend towards the professionalization of armed
forces, recognition of the status of conscientious objection to professional soldiers is an
issue deserving further attention. In Greece, while there are no provisions in national
legislation recognizing the right to conscientious objection for professional soldiers
(A/HRC/35/4, para. 51), a professional member of the armed force may (according to a
submission referring to a meeting in October 2018 between the author of the submission
and the Ministry of National Defence) quit but has to pay a considerable amount of money
to leave before the end of his or her contract.31 In 2012, the Supreme Court of Georgia ruled
that alternative civilian service must be available to those called up for reservist duty. 32 One
submitter reported that the Supreme Court’s decision had been implemented, with the
possibility of those being called up for reservist duty to opt to perform alternative service. 33
25.
One submitter reported that, in Belarus, the Law on Alternative Service was silent
about the situation of persons who, after serving in the army, become conscientious
objectors. The submission makes reference to the case of a person who, after having served
27
28
29
30
31
32
33
See www.wri-irg.org/en/news/2007/modindex-en.htm.
Submission by War Resisters’ International.
See Universal Declaration of Human Rights, art. 18, International Covenant on Civil and Political
Rights, art. 18 and Human Rights Committee general comment No. 22 (1993) on the right to freedom
of thought, conscience and religion, para. 5.
Submission by the European Organisation of Military Associations. See also OHCHR, Conscientious
Objection to Military Service, p. 55.
Submission by Amnesty International.
Submission by the Quaker.
Submission by the Office of the General Counsel of Jehovah’s Witnesses.
7
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