Geneva Centre for Security Sector Governance Governance for Security Sector Geneva Centre THE RIGHTS OF CONSCRIPTS IN EASTERN EUROPE, CENTRAL ASIA, AND SOUTH CAUCASUS A REVIEW LEGISLATION PRACTICE The Rights of Conscripts in Eastern Europe, Central Asia, Geneva Centre for Security Sector and the South Caucasus: Governance A Review of Legislation DCAF Geneva Headquarters and Practice P.O.Box 1360 CH-1211 Geneva 1 Switzerland [email protected] +41 (0) 22 730 9400 www.dcaf.ch @DCAF_Geneva A Review of Legislation 2021 and Practice The Rights of Conscripts in Eastern Europe, Central Asia, and the South Caucasus: A Review of Legislation and Practice 2021 Geneva Centre for Security Sector Governance 20TH ANNIVERSARY About DCAF DCAF – Geneva Centre for Security Sector Governance is dedicated to improving the security of states and their people within a framework of democratic governance, the rule of law, respect for human rights, and gender equality. Since its founding in 2000, DCAF has contributed to making peace and development more sustainable by assisting partner states, and international actors supporting these states, to improve the governance of their security sector through inclusive and participatory reforms. It creates innovative knowledge products, promotes norms and good practices, provides legal and policy advice and supports capacity-building of both state and non-state security sector stakeholders. Copyright Published in Switzerland in 2021 by DCAF – Geneva Centre for Security Sector Governance DCAF Geneva P.O. Box 1360 CH-1211 Geneva 1 Switzerland Tel: +41 22 730 94 00 [email protected] ww.dcaf.ch Twitter @DCAF_Geneva DCAF encourages the use, translation, and dissemination of this publication. We do, however ask that you acknowledge and cite materials and do not alter the content. Cite as: [G. Jasutis, ed. The Rights of Conscripts in Eastern Europe, Central Asia, and the South Caucasus: A Review of Legislation and Practice (Geneva: DCAF, 2021). Copy-editor: Sauven SA Design & layout: DTP Studio ISBN: 978-92-9222-603-9 About this publication This legislative review was carried out in 2020, taking into account the norms of the legislation adopted before November 2020. The review was conducted in the following countries: Azerbaijan Armenia Belarus Georgia Kazakhstan Kyrgyzstan Moldova Tajikistan Turkmenistan Ukraine Uzbekistan Disclaimer The statements and opinions expressed in this publication are those of the authors alone and do not necessarily reflect the views of DCAF. About the authors Authors: Eldar Elman oglu Zeynalov Director, Human Rights Center of Azerbaijan, Azerbaijan Email: [email protected] A review of the legislation of Azerbaijan Ejmin Shahbazian Researcher, Armenia Email: [email protected] A review of the legislation of Armenia Elena Tonkacheva Chairman of the Board, Center for Legal Transformation, Belarus Email: [email protected] A review of the legislation of Belarus Victoria Fedorova Legal Initiative, Belarus Email: [email protected] A review of the legislation of Belarus Agit Mirzoev Chairman of the Board, Center for Participation and Development, Georgia Email: [email protected] A review of the legislation of Georgia Anara Ibraeva Candidate of Law, Kadir-Kasiet, Kazakhstan Email: [email protected] A review of the legislation of Kazakhstan Gulshayr Abdirasulova Expert, Kylym Shamy Human Rights Center, Kyrgyzstan Email: [email protected] A review of the legislation of Kyrgyzstan Alexandru Postica Researcher, Institute for Legal, Political and Sociological Research and Director, Human Rights Program, Promo LEX Association, Moldova Email: [email protected] A review of the legislation of Moldova Dilrabo Samadova Executive Director, Office of Civil Liberties, Tajikistan Email: [email protected] A review of the legislation of Tajikistan Elizaveta Chmykh, Rebecca Mikova, Richard Steyne DCAF experts Email: [email protected] , [email protected] , [email protected] A review of the legislation of Turkmenistan Alexandra Matveychuk Email: [email protected] Chairman of the Board, Center for Civil Liberties, Ukraine A review of the legislation of Ukraine Azimov Saidbek Ibragimovich Email: [email protected] Head of the Secretariat of the Commissioner of the Oliy Majlis of Uzbekistan for Human Rights (Ombudsman), Uzbekistan A review of the legislation of Uzbekistan Editors: dr. Grazvydas Jasutis Email: [email protected] Project Coordinator Operations, Europe and Central Asia DCAF – Geneva Centre for Security Sector Governance Elizaveta Chmykh Email: [email protected] Project Assistant Operations, Europe and Central Asia DCAF – Geneva Centre for Security Sector Governance Table of contents 1. Introductory remarks 1 2. Armenia 10 3. Azerbaijan 23 4. Belarus 40 5. Georgia 52 6. Kazakhstan 62 7. Kyrgyzstan 72 8. Moldova 91 9. Tajikistan 100 10. Turkmenistan 116 11. Ukraine 134 12. Uzbekistan 144 Introductory remarks Since the end of the cold war, many states in Europe have abolished compulsory military service, but the practice of military conscription remains widespread across Eastern Europe, the South Caucasus, and Central Asia. This is the case in Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan, all of whom rely on a conscripts-based system. Despite this, little research has been conducted into the legal protection of military conscripts, perhaps the most vulnerable section of the military community. As the Assistant Director of DCAF – the Geneva Centre for Security Sector Governance, it therefore brings me great pleasure to present this publication, prepared by my colleagues within the Europe and Central Asia division and regional experts. The compilation demonstrates DCAF’s firm commitment to advancing the protection and enforcement of the human rights and fundamental freedoms of conscripts. Ultimately, it is hoped that this review will support the efforts of interested parties both at the national and international level to take the necessary measures to ensure that conscripts are able to enjoy their full rights as citizens. Darko Stančić Assistant Director and Head of Europe & Central Asia Division, DCAF – Geneva Centre for Security Sector Governance The Rights of Conscripts in Eastern Europe, Central Asia, and the South Caucasus: A Review of Legislation and Practice Literature review In recent years, many states have transformed their military from conscription-based to a volunteer professional force. This reflects the nature of modern military engagements, as well as the contemporary security environment, both of which require highly trained military personnel, and often involve deployments in the context of peacekeeping or humanitarian missions.1 Historically, literature on conscription can be divided between those who support it on the basis that it can be used as a vehicle for social cohesion and nation-building, versus those who contend that the demands of the modern security environment instead require professional armies. In recent years, this debate has been supplemented by those concerned with an increase in geopolitical contestation and falling military recruitment (particularly in Europe) and who therefore support the re-introduction of conscription. Those purporting the economic benefits of a decrease in defence spending (known as the ‘peace dividend’) since the end of the Cold War, and who fear a militarization of society resulting from conscription, lobby for volunteer professional armies. Notwithstanding these debates, many countries, particularly in Eastern Europe, South Caucasus and Central Asia (hereinafter EESCCA), still use conscription.2 Despite this, contemporary debates on conscription generally address the issue from an economic, realpolitik, ethical or moral standpoint. This has resulted in a lack of research on legal protections for conscripted personnel. Several exceptions exist, including the ‘Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel’, produced by DCAF and the ODIHR in 2008, and which addresses conscripts throughout.3 M. Sassoli and A. McChesney’s 2002 1 DCAF. Handbook on Human Rights of Armed Forces Personnel and Fundamental Freedoms of Armed Forces Personnel. Introduction. P.11. Available from: https://www.dcaf.ch/sites/default/files/publica- tions/documents/HandbookHumanRightsArmedForces-080409.pdf. 2 These include Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajik- istan, Turkmenistan, Ukraine, and Uzbekistan. Indeed, premised on perceived changes in the geopolit- ical landscape, some countries in the Euro-Atlantic sphere, including Sweden and France, have begun reintroducing hybrid forms of mandatory national service. Lithuania reinstated the conscription in 2015 and Latvia seriously considered to reintroduce the conscripted personnel in 2017. In the mean- time Estonia has retained the conscripts since its independence. 3 DCAF. Handbook on Human Rights of Armed Forces Personnel and Fundamental Freedoms of Armed Forces Personnel. Introduction. P.11. Available from: https://www.dcaf.ch/sites/default/files/publi- cations/documents/HandbookHumanRightsArmedForces-080409.pdf. See also: Ян Ли (Ian Leigh), «Права человека и основные свободы военнослужащих: Европейский суд по правам человека», Рабочий документ ДКВС № 165, 2005, стр. 4. 1 The Rights of Conscripts in Eastern Europe, Central Asia, and the South Caucasus: A Review of Legislation and Practice study ‘Conscripts’ rights and military justice training