A/HRC/41/23
4.
Alternative service
54.
In its resolution 1998/77, the Commission on Human Rights set out criteria for
alternative service: there should be various forms of alternative service, 64 which must be
compatible with the reasons for the conscientious objection, of a non-combatant or civilian
character, in the public interest and not of a punitive nature.
(a)
Compatibility of the alternative service with the reasons for conscientious objection
55.
If a person objects to bearing arms but is not opposed to unarmed military service, a
non-combatant service in the military could be regarded as compatible with the reasons for
the conscientious objection. In such cases, clerical or medical assignments within the
military would be proposed. For those who object to any participation in the armed forces,
however, alternative service should be of a civilian character; the tasks to be performed in
the alternative service should be compatible with the grounds on which the conscientious
objection is based (CCPR/CO/79/RUS, para. 17). For example, in Switzerland, positions
serving public interests may often be found in health, social work, educational and
emergency services, as well as in agricultural and environmental, cultural and international
cooperation programmes. The short training programmes provided are mandatory or
available to persons performing civilian service. 65
(b)
Non-punitive conditions and duration alternative service
56.
Conscientious objectors performing alternative service should not have fewer social
and financial rights than persons performing military service. Legislative provisions or
regulations taking into account periods of military service for employment, career or
pension purposes should apply for alternative service. 66 The Human Rights Committee has
found that the requirement to perform alternative service outside places of permanent
residence, the receipt of low salaries, which are below the subsistence level for those who
are assigned to work in social organizations, and restrictions on freedom of movement for
the persons concerned were punitive in nature (CCPR/C/RUS/CO/6, para. 23).
57.
Any duration of alternative service longer than that of military service is permissible
only if the additional time for alternative service is based on reasonable and objective
criteria (A/HRC/35/4, para. 64). The Human Rights Committee has consistently encouraged
States to ensure that the length of service alternative to military service required for
conscientious objectors was not punitive in nature (see for example CCPR/C/AUT/CO/5,
CCPR/C/BOL/CO/3, CCPR/C/FIN/CO/6, CCPR/C/GRC/CO/2 and CCPR/C/UKR/CO/7).
Alternative civilian service that is longer than the duration of military service infringes
articles 18 and 26 of the Covenant if not based on reasonable and objective grounds, such
as the nature of the specific service concerned or the need for special training in order to
accomplish that service.67
58.
In some States, alternative service is significantly longer than military service; in
Switzerland, for example, civilian service is one and a half times longer than military
service; the fact that a person accepts to serve longer is considered “proof” of the person’s
motivation. 68 After the abolition of the examination of conscience, however, the
Government of Switzerland has considered, in order to contain the number of admissions to
alternative service, introducing in its Alternative Service Law a number of measures aimed
at reducing the attractiveness of alternative service. 69 In the Russian Federation, the
duration of alternative civilian service is generally 1.5 to 1.75 times longer than the length
of military conscription established by the Federal Military Duty and Military Service Act.
64
65
66
67
68
69
The draft bill on alternative services in the Republic of Korea only provides for work inside
correctional facilities.
Submission by Infodroit.ch legal clinic.
OHCHR, Conscientious Objection to Military Service, p. 43.
CCPR/C/67/D/666/1995, para. 10.3.
Submission by InfoDroit.
Ibid. See also www.zivi.admin.ch/zivi/fr/home/dokumentation/medienecke/nsb-news_list.msg-id74060.html and www.civiva.ch/fileadmin/user_upload/CIVIVA_Positionspapier_Mai_2017_FR.pdf.
13
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