A/HRC/23/22
I. Introduction
1.
The Human Rights Council in its resolution 20/2 requested OHCHR to prepare, in
consultations with all States, relevant United Nations agencies, programmes and funds,
intergovernmental and non-governmental organizations and national human rights
institutions, a quadrennial analytical report on conscientious objection to military service, in
particular on new developments, best practices and remaining challenges, and to submit the
report to the Human Rights Council at its twenty-third session, under agenda item 3.
2.
By note verbale dated 31 January 2013, OHCHR invited States to submit
information on new developments, best practices and remaining challenges in relation to
conscientious objection to military service. The Office received responses from the
following States: Bosnia and Herzegovina, Colombia, Croatia, Ecuador, Finland, Georgia,
Greece, Honduras, Lithuania, Mauritius, Montenegro, Russian Federation, Serbia, Slovenia,
Singapore and Ukraine.
3.
The same request was addressed to national human rights institutions, United
Nations bodies, intergovernmental and non-governmental organizations The following
national human rights institutions responded: the Commission nationale des droits de
l’Homme and des Libertés of Cameroon, the Defensoria del Pueblo of Colombia, the
Defensoria del Pueblo of Paraguay, and the national human rights institution of Guatemala.
Of the intergovernmental organizations, the Council of Europe submitted a contribution.
4.
The following non-governmental organizations responded: the Associazione
Comunita Papa Giovanni XXIII, the Centre for Civil and Political Rights, the European
Bureau for Conscientious Objection, the European Organisation of Military Associations,
Forum 18 News Service, the German Institute for Human Rights, Human Rights Watch, the
International Fellowship of Reconciliation, Jehovah’s Witnesses, the Quaker United
Nations Office, the Russian NGO Soldiers’ Mothers of St. Petersburg, the Union of
Conscientious Objectors, and War Resisters International.
5.
The last analytical report on conscientious objection to military service was
submitted to the Commission on Human Rights in 2006 (E/CN.4/2006/51). Subsequent to
this analytical report, a note by the secretariat was submitted to the Human Rights Council
in 2007 (A/HRC/4/67). An updating report was submitted to the Council in 2008
(A/HRC/9/24), on developments at the national level as well as developments in the
jurisprudence of the Human Rights Committee pertaining to conscientious objection to
military service.1
II. The international legal framework, with particular attention
to new developments
A.
The right to conscientious objection to military service
6.
The right to conscientious objection to military service is based on article 18 of the
International Covenant on Civil and Political Rights (“the Covenant”), and article 18 of the
Universal Declaration of Human Rights. Article 18 of the Covenant guarantees the right to
freedom of thought, conscience and religion or belief, but makes no specific reference to
1
In 2013, OHCHR issued a new publication entitled Conscientious objection to military service
(United Nations publication, Sales No. E.12.XIV.3).
3
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