A/HRC/35/4
40.
In July 2016, the same Committee noted that Kazakhstan had failed to review, as
previously recommended, its legislation in order to recognize a person’s right to
conscientious objection to military service and to provide for alternative military service.
Kazakhstan should ensure the legal recognition of conscientious objection to military
service, and provide for alternative service of a civilian nature for conscientious objectors.55
41.
The same Committee reiterated to Kyrgyzstan in March 2014 its previous concerns
that conscientious objection to military service was limited only to members of registered
religious organizations whose teaching prohibited the use of arms. Kyrgyzstan should
ensure that any legal amendments provide for conscientious objections in a manner
consistent with articles 18 and 26 of the Covenant, bearing in mind that article 18 also
protects freedom of conscience of non-believers.56
42.
In concluding observations adopted in November 2015, the Human Rights
Committee expressed concern at the failure of the Republic of Korea to implement the
Committee’s Views, notably in the numerous cases concerning conscientious objection, and
called upon the State to immediately release all conscientious objectors condemned to a
prison sentence for exercising their right to be exempted from military service. 57 It also
noted with concern that conscientious objectors’ personal information might be disclosed
online, and recommended ensuring that conscientious objectors’ criminal records are
expunged, that those who had been sentenced to prison for exercising their right to be
exempted from military service are provided with adequate compensation and that their
personal information is not publicly disclosed.58 The concluding observations were quoted
in a communication sent to the Republic of Korea by the Special Rapporteur on freedom of
religion or belief, who noted that conscientious objectors who refused to perform the
military service also bore the consequences of having a criminal record, which hindered
their capacity to find employment in the private sector. Furthermore, their stigmatization as
holders of a criminal record and “traitors” reportedly had other consequences in the social
sphere, such as difficulties for marriage and ostracization from their families. 59
43.
In its concluding observations on the second periodic report of Tajikistan, adopted in
July 2013, the Human Rights Committee reiterated its previous concerns and recommended
that the State take the measures necessary to ensure that the law recognizes the right of
individuals to exercise conscientious objection to compulsory military service, and
establish, if it so wished, non-punitive alternatives to military service.60
44.
The same Committee regretted that conscientious objectors and persons supporting
conscientious objection in Turkey were still at risk of being sentenced to imprisonment and
that, as they maintained their refusal to undertake military service, they were practically
deprived of some of their civil and political rights, such as freedom of movement and the
right to vote. Thus Turkey should adopt legislation recognizing and regulating
conscientious objection to military service, so as to provide the option of alternative
service, without the choice of that option entailing punitive or discriminatory effects and, in
the meantime, suspend all proceedings against conscientious objectors and suspend all
sentences already imposed.61 In 2014, Turkey replied that there were no plans to introduce a
civilian alternative to compulsory military service; the Committee, in its report on followup to concluding observations, assessed that response as “E: The response indicates that the
measures taken are contrary to the Committee’s recommendations”.62
55
56
57
58
59
60
61
62
See CCPR/C/KAZ/CO/2, paras. 45-46.
See CCPR/C/KGZ/CO/2, para. 23.
See CCPR/C/KOR/CO/4, paras. 6 and 45.
Ibid., paras. 44-45. See also the contributions from Connection e.V., World Without War and the
Office of the General Counsel of Jehovah’s Witnesses.
A/HRC/32/53, p. 26; allegation letter of 11 December 2015, available at
https://spdb.ohchr.org/hrdb/32nd/public_-_AL_Rep_Korea_11.12.15_(4.2015).pdf. See also
contribution from the Quaker United Nations Office.
See CCPR/C/TJK/CO/2, para. 21; see also CCPR/CO/84/TJK, para. 20.
See CCPR/C/TUR/CO/1, para. 23.
CCPR/C/112/2, pp. 18-19. See also contribution from the Association for Conscientious Objection.
11
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