A/HRC/35/4
owing to their refusal to perform military service when there is no provision, or no adequate
provision, for conscientious objection to military service. 38
25.
The Guidelines on International Protection No. 10 issued by UNHCR in 2013
replace its earlier position on certain types of draft evasion (issued in 1991) and provide
legal interpretive guidance for governments, legal practitioners, decision makers, the
judiciary and UNHCR staff carrying out the determination of mandate refugee status. The
guidelines outline five common types of claims: (a) objection to State military service for
reasons of conscience; (b) objection to military service in conflict contrary to the basic rules
of human conduct; (c) conditions of State military service; (d) forced recruitment and/or
conditions of service in non-State armed groups; and (e) unlawful child recruitment. 39
26.
In paragraph 9.3 of its Views on communication No. 2007/2010, X v. Denmark,
adopted in 2014, the Human Rights Committee referred to credible sources indicating that
draft evaders risked serious ill-treatment upon repatriation to Eritrea and noted the author’s
assertion that he would have to refuse to undertake military service on the basis of his
conscience. Since the Committee held that his deportation from Denmark to Eritrea, if
implemented, would constitute a violation of article 7 of the Covenant (prohibition of
torture, cruel, inhuman or degrading treatment or punishment), it did not further examine
his claims under article 18.
III. Best practices
A.
Alternative service
27.
In its resolution 24/17, the Human Rights Council welcomed initiatives to make
information about the right to conscientious objection to military service, and the means of
acquiring conscientious objector status, widely available to all persons affected by military
service. In that connection, one contribution for the present report referred to Austria,
where the necessary forms for applying for recognition as a conscientious objector could be
found on the website regarding obligatory military service.40
28.
As noted in another contribution, Norway has suspended alternative service for
conscientious objectors, who are simply exempted from military service. 41 Another
example of best practice was the non-punitive length of alternative service in Denmark (and
before the suspension of conscription also in Albania, Germany, Italy and Slovenia), where
the normal durations of military and alternative service had been made equal.
29.
In 2013, following several judgments of the European Court of Human Rights,
Armenia adopted amendments to its law on alternative service, as well as enabling
regulations, which has led to the release of imprisoned conscientious objectors in that
country. As of February 2017, more than 250 Jehovah’s Witnesses had served alternative
service in Armenia. According to one contribution, all parties, including the directors of the
alternative civilian service locations, are highly satisfied with the outcome of this change. 42
B.
Recognition of the right to conscientious objection to military service
for conscripts and those serving voluntarily
30.
The Law on service in the armed forces of Bosnia and Herzegovina provides that
persons contracting to serve in the armed forces may terminate their contract prior to the
date mentioned in the contract. Each year a number of persons, including those who no
38
39
40
41
42
8
Council resolution 24/17; see also Commission on Human Rights resolution 1998/77.
See paragraphs 17-41 of the Guidelines.
Contribution from the International Fellowship of Reconciliation.
Contribution from War Resisters’ International.
Contribution from the Office of the General Counsel of Jehovah’s Witnesses.
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