A/HRC/41/23
Belarus, the new law on substitute service that came in force in 2016 is only available to
religious pacifists.37
(e)
No time limit on applications
31.
On the basis of the freedom to change one’s religion or belief as set out in
international human rights law, there can be no defined period in which someone is allowed
to exercise their right to conscientious objection. As the Human Rights Council encouraged
States in its resolution 24/17, the right to conscientious objection should be recognized at
any time, before, during and after performing military service. Consequently, no time limit
should be placed on submitting a request to be recognized as a conscientious objector.
Explicit standards have been set and recommendations made against applying strict time
limits for applying for conscientious objector status by the Special Rapporteur on freedom
of religion or belief (A/HRC/35/4, para. 23) and the Human Rights Committee
(CCPR/C/79/Add.61, paras. 15 and 20).
32.
At the regional level, the Parliamentary Assembly of the Council of Europe, 38 the
Committee of Ministers of the Council of Europe39 and the European Parliament40 have all
recommended that legislation include the right to be registered as a conscientious objector
before, during or after conscription or performance of military service.
33.
In 2012, in Germany, the Federal Administrative Court ruled that all citizens must
have the possibility to refuse military service at any time, regardless of the type of duty in
the army.41 In Switzerland, article 19 of the law on civilian service allows applicants to file
a request for admission to civilian service at any time. In Norway, there are no time limits
to apply for conscientious objector status. 42
34.
In contravention of human rights standards, strict limits for applying for
conscientious objector status apply in a number of States. In Greece, conscripts may avail
themselves of the right to conscientious objection until the date they are due to report for
military service; applications submitted after enlistment into the armed forces are not
accepted.43 In the Russian Federation, applications must be filed before the beginning of the
upcoming draft; applications may, however, be accepted even after the expiry of the time
limit, especially if there are compelling reasons for the delay. 44
(f)
Determination/decision-making process
35.
Application procedures vary greatly: from a written declaration setting out the
grounds for the applicant’s request to conscientious objection to the holding of personal
interviews or hearings before a court or a commission. 45 In all cases, the examination of
applications should include all the guarantees necessary for a fair procedure.46
(i)
Independence and impartiality of the decision-making authority
36.
The independence and impartiality of the body examining applications are required
by international standards and recommendations at both the international and regional
levels. In its resolution 24/17, the Human Rights Council called upon States to establish
independent and impartial decision-making bodies with the task of determining whether a
conscientious objection to military service was genuinely held in a specific case, taking
account of the requirement not to discriminate between conscientious objectors on the basis
37
38
39
40
41
42
43
44
45
46
Submission by War Resisters’ International.
Recommendation 1518(2001), para. 5.1.
Recommendation CM/Rec (2010)4, para. 40 and recommendation No. R (87) 8, paras. 4 and 8.
Resolution on Respect for Human Rights in the European Community (http://aei.pitt.edu/
5756/1/5756.pdf), para. 49.
Submission by the Quaker.
Ibid.
Submission by Amnesty International.
Alternative Civilian Service Act, sect. 11.
See for example submission by the Russian Federation.
Committee of Ministers of the Council of Europe, Recommendation No. R (87) 8, para. 5.
9
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