A/HRC/41/23
In Kyrgyzstan, the length of alternative service (three years) is twice the duration of
military service. 70 The Human Rights Committee expressed concern at the difference in
Belarus in the length of alternative service compared with military service between those
with and those without higher education, with alternative service for the latter category
being twice as long as military service. It also expressed its concern at the discriminatory
and punitive aspects of this difference (CCPR/C/BLR/CO/5, para. 47). In the Republic of
Korea, the draft bill on alternative service sets the length of alternative service at twice that
of military service.
5.
Freedom of expression for conscientious objectors and those supporting them
59.
In its resolution 24/17, the Human Rights Council urged States to respect freedom of
expression of those who support conscientious objectors or who support the right of
conscientious objection to military service. The Human Rights Committee has expressed
concerns about the possibility that objectors’ personal information may be disclosed online
(CCPR/C/KOR/CO/4, para. 44). Social barriers and stigma against those seeking to
exercise the right to conscientious objection can impede its implementation. 71 One
submitter referred to attempts to exert psychological pressure on draftees by the use of
derogatory language and discriminatory and homophobic statements, or even threats of
criminal prosecution, with are other factors impeding access to this right. Allegations that
draftees were being dissuaded from pursuing the examination of their requests and that their
right to present their argument were not respected were also mentioned.72
IV. Conclusions and recommendations
60.
There are different approaches and human rights challenges with regard to
application procedures for obtaining the status of conscientious objector to military
service. To be in line with international human rights norms and standards, such
application procedures should comply, as a minimum, with the criteria given below.
(a)
Availability of information
All persons affected by military service should have access to information about the
right to conscientious objection and the means of acquiring objector status.
(b)
Cost-free access to application procedures
The process for applying for status as a conscientious objector should be free, and
there should be no charge for any part of the whole procedure.
(c)
Availability of the application procedure to all persons affected by
military service
The right to conscientious objection should be recognized for conscripts, for
professional members of the armed forces and for reservists.
(d)
Recognition of selective conscientious objection
The right to object also applies to selective objectors who believe that the use of force
is justified in some circumstances but not in others.
(e)
Non-discrimination on the basis of the grounds for conscientious
objection and between groups
Alternative service arrangements should be accessible to all conscientious objectors
without discrimination as to the nature of their religious or non-religious beliefs; there
should be no discrimination between groups of conscientious objectors.
70
71
72
14
Submission by War Resisters’ International.
Emily Graham, “Conscientious objectors to military service: punishment and discriminatory
treatment”, Quaker United Nations Office, May 2014.
Submission by the Movement of conscientious objectors.
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