A/HRC/41/23
(f)
No time limit on applications
No time limit should be applicable for the submission of a request to be recognized as
a conscientious objector. Conscripts and volunteers should be able to object before the
commencement of military service, or at any stage during or after military service.
(g)
Independence and impartiality of the decision-making process
Independent and impartial decision-making bodies should determine whether a
conscientious objection to military service is genuinely held in a specific case. Such
bodies should be placed under the full control of civilian authorities.
(h)
Good faith determination process
Application procedures should be based on reasonable and relevant criteria, and
should avoid the imposition of any conditions that would result in the automatic
disqualification of applicants.
(i)
Timeliness of decision-making and status pending determination
The process for consideration of any claim of conscientious objection should be timely
so that applicants are not left waiting for an unreasonable length of time for a
decision. As matter of good practice, all duties involving the bearing of arms should be
suspended pending the decision.
(j)
Right to appeal
After any decision on conscientious objector status, there should always be a right to
appeal to an independent civilian judicial body.
(k)
objection
Compatibility of alternative service with the reasons for conscientious
Alternative service, whether of a non-combatant or civilian character, should be
compatible with the reasons for conscientious objection.
(l)
Non-punitive conditions and duration of alternative service
The conditions for alternative service should be neither punitive nor have a deterrent
effect. Any duration longer than that of military service is permissible only if the
additional time for alternative service is based on reasonable and objective criteria.
Equalizing the duration of alternative service with military service should be
considered a good practice.
(m)
Freedom of expression for conscientious objectors and those supporting
them
The personal information of conscientious objectors should not be disclosed publicly
by the State, and their criminal records should be expunged. States should neither
discriminate against conscientious objectors in relation to their civil, cultural,
economic, political or social rights nor stigmatize them as “traitors”. Those who
support conscientious objectors or who support the right of conscientious objection to
military service should fully enjoy their freedom of expression.
15
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