A/HRC/RES/24/17
10.
Emphasizes that States should take the necessary measures to refrain from
subjecting individuals to imprisonment solely on the basis of their conscientious objection to
military service and to repeated punishment for refusing to perform military service, and
recalls that repeated punishment of conscientious objectors for refusing a renewed order to
serve in the military may amount to punishment in breach of the legal principle ne bis in idem;
11.
Calls upon States to consider releasing individuals imprisoned or detained
solely on the basis of their conscientious objection to military service;
12.
Reiterates that States, in their law and in practice, must not discriminate
against conscientious objectors in relation to their terms or conditions of service, or any
economic, social, cultural, civil or political rights;
13.
Encourages States, subject to the circumstances of the individual case
meeting the other requirements of the definition of a refugee as set out in the Convention
relating to the Status of Refugees of 1951 and the Protocol thereto of 1967, to consider
granting asylum to those conscientious objectors to military service who have a wellfounded fear of persecution in their country of origin owing to their refusal to perform
military service when there is no provision, or no adequate provision, for conscientious
objection to military service;
14.
Also encourages States, as part of post-conflict peacebuilding, to consider
granting and effectively implementing, amnesties and restitution of rights, in law and in
practice, for those who have refused to undertake military service on grounds of
conscientious objection to military service;
15.
Affirms the importance of the availability of information about the right to
conscientious objection to military service, and the means of acquiring conscientious
objector status, to all persons affected by military service;
16.
Welcomes initiatives to make such information widely available, and
encourages States, as applicable, to provide information to conscripts and persons serving
voluntarily in the military services about the right to conscientious objection to military
service;
17.
Urges States to respect freedom of expression of those who support
conscientious objectors or who support the right of conscientious objection to military
service;
18.
Encourages States to use the information contained in the above-mentioned
report and guide of the Office of the High Commission and in the present resolution to
consider introducing appropriate legislation, policies and practices regarding conscientious
objection to military service, and to address any discriminatory provisions therein, and to
inform the enforcement of an adequate legal framework to ensure that the right can be
respected in practice;
19.
Invites States to consider including in their national reports, to be submitted
to the universal periodic review mechanism and to United Nations human rights treaty
bodies, information on domestic provisions related to the right to conscientious objection;
20.
Decides to continue consideration of this matter under the same agenda item
in accordance with its annual programme of work.
35th meeting
27 September 2013
[Adopted without a vote.]
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