CONSCIENTIOUS OBJECTION TO MILITARY SERVICE Report prepared in pursuance ofresolutions 14 (XXXIV) and 1982/30 ofthe Sub-Commission on Prevention ofDiscrimination and Protection ofMinorities by Mr. Asbjern Eide and Mr. Chama Mubanga-Chipoya, members ofthe Sub-Commission UNITED NATIONS CONSCIENTIOUS OBJECTION TO MILITARY SERVICE Report prepared in pursuance ojresolutions 14 (XXXIV) and 1982/30 ojthe Sub-Commission on Prevention ojDiscrimination and Protection ojMinorities by Mr. Asbjern Eide and Mr. Chama Mubanga-Chipoya, members ojthe Sub-Commission UNITED NATIONS 'II",~ ,. ';,41'JI New York, 1985 NOTE Symbols of United Nations documents are composed of capital letters com­ bined with figures. Mention of such a symbol indicates a reference to a United Nations document. • • • The designations employed and the presentation of the material in this pub­ lication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city of area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The opinions expressed in the present report are those of the authors. I E/CN.4/Sub.2/1983/30/Rev.1 I UNITED NATIONS PUBLICATION Sole> No. E.8S.XIV.1 ISBN 92-1-)54053-4 OO6OOP 7 CONTENTS Page Abbreviations ,. iv Paragraphs I INTRODUCTION . 1-17 I A. Background ················································ 1-5 B. Structure ofthe present report .. 6-17 1 Chapter I. CONCEPT OF CONSCIENTIOUS OBJECTION AND RELEVANT INTERNATIONAL STAN· DARDS .......•......••.....•.....•.....••.•••..•.•...•.••••••...••...••...••.....••...•••.. 18-83 3 A. Concept and dimensions ofconscientious objection . 18-37 3 4 I. Conflict ofvalues ·································· 33-35 2. Evidence ofconviction .. 36-37 4 B. Relevant international standards ·..·····..·· .. 38-57 4 I. Right to freedom ofthought, conscience and religion .. 38-43 4 2. Right to life .. 44-45 5 3. Jus contra bellum . 46-47 5 4. Jus in bello · · · · · ·..· 48-49 6 5. Genocide ·.. ·..·.. · · ·.. ·· ..··· ..····..· 50-51 6 6. Right to self-determination .. 52-55 6 7. Violation ofhuman rights by armed force ·.. 56-57 7 C. Resolutions and decisions adopted by international organs . 58-73 7 D. Recommendations by non-governmental organizations .. 74-83 8 II. ANALYSIS OF RREVANT INFORMATION RECEIVED FROM GOVERNMENTS AND INTERGOVERNMENTAL AND NON·GOVERNMENTAl ORGANIZATIONS .. 84-137 II A. Grounds recognized as valid for conscientious objection . 84-95 II B. Procedures for obtaining conscientious objector status . 96-104 12 C. Question ofalternative service · ·· ..·.. ·..·.. 105-114 12 D. Status and experience of conscientious objectors in countries which do not permit conscientious objection or alternative service to military service. or which permit it only on limited grounds . 115-122 13 E. Question ofasylum for persons who have fled their country because oftheir objection to military service .. 123-137 14 138-154 16 III. CONCLUSIONS AND RECOMMENDATIONS •••••••••••..•••••••••••• A. Conclusions . 138-152 16 I. Voluntarism or compulsion in performance ofmilitary service . 143-149 16 2. Alternative service . 150-152 17 B. Recommendations . 153-154 17 ANNEXES I. S~'!1mary o~ available inf<;,rmati~n on conscription, conscientious objection to military service and alternative service................................ 19 II. Listing ofcountries or territories according to their position with regard to conscrip- tion and alternative service............ 30 III. Summary ofavailable information on the question ofasylum 31 Iii • AB_VIA110NS fLO International Labour Organisation QAS Organization of American States OAU Organization of African Unit;' UNESCO United Nations Educational. ·Scicntific and Cultural Organization UNHCR United Nations Hiah Commissioner for Refugees INTRODUCTION A. Background tion of human rights required further examination, it re­ quested Mr. Eide and Mr. Mubanga-Chipoya to under­ I. In its resolution II B (XXVII) of 19 March 1971, take that examination, using the materials from the Commission on Human Rights requested the Governments, specialized agencies, regional inter­ Secretary-General to make available to it the informa­ governmental organizations and non-governemental tion on conscientious objection to military service in­ organizations in consultative status available to the cluded in the country monographs prepared in connec­ General Assembly, the Economic and Social Council, tion with the Study ofDiscrimination in the Matter of the Commission on Human Rights and the Sub­ Religious Rights and Practices,' and to seek from Commission, and to present to the Sub-Commission at Member States up-to-date information on national its thirty-fifth session a concise report, together with legislation and other measures and practices relating to their conclusions and recommendations. conscientious objection to military service and alter­ native service. A report on the subject was prepared by S. At its thirty-fifth session, in 1982, the Sub­ the Secretary-General in accordance with that resolu­ Commission examined a preliminary report on con­ tion.' scientious objection to military service submitted by Mr. Eide and Mr. Mubanga-Chipoya,'By its resolution 2. In its resolution IA (XXXII) of II February 1982/30 of 10 September 1982, the Sub-Commission re­ 1976, the Commission on Human Rights noted the quested the authors to prepare a .final report based on report on the question of conscientious objection to the comments received on their preliminary report and military service prepared by the Secretary-General. In to develop principles relating to the question of cons­ its resolution 38 (XXXVI) of 12 March 1980, the Com­ cientious objection, with a view to: mission requested the Secretary-General once again to seek from Member States up-to-date information on na­ (a) Recogn;;';ng the right of all persons to refuse service in military or policeforceswhich are used toenforce apannetd. to pursuewarsof tionallegislation and practices relating to conscientious aggression, or (0 engage in any other illegal warfare; objection to military service and alternative service. (b) Recognizing the possibility of the right of all persons to refuse Pursuant to that resolution, the Secretary-General service in military or police Icrces on grounds of conscience or deeply prepared a report on the role of youth in the promotion held personal conviction, and their responsibility to offer instead of and protection of human rights, including the question military service any other service in the social or economic field, in­ ctuding work for the economic progress and development of their of conscientious objection to military service.' country: 3. In its resolution 40 (XXXVII) of 12 March 1981, ((') U'1:;ng Member States to granf asylum or safe transit to another the Commission on Human Rights requested the Sub­ Slate (0 persons compelled (0 leave their country of nationality solely Commission on Prevention of Discrimination and Pro­ because of conscientious refusal 10 serve in the military forces. tection of Minorities to study the question of conscien­ tious objection to military service in general, and in par­ B. Stl'llcture of the present report ticular the implementation of General Assembly resolu­ tion 33/16Sof 20 December 1978, with a view to making 6. Chapter I of the report deals with the concept and recommendations to the Commission. The General dimensions of conscientious objection, the relevant in­ Assembly had recognized, in that resolution, the right ternational standards and the approaches to the issue of all persons to refuse service in military or police that may be discerned from the views expressed in forces used to enforce apartheid, and called upon resolutions and declarations of intergovernmental and Member States to grant asylum or safe transit to non-governmental organizations. another State, in the spirit of the Declaration on Ter­ 7_ Chapter II contains an analysis of the actual ritorial Asylum,' to persons compelled to leave their situation with respect to conscientious objection under own countries solely because of their conscientious ob­ relevant national laws and practices. A variety of dif­ jection to assisting in the enforcement of apartheid ferent approaches are taken by States, ranging from through service in military or police forces. complete reject ion of the concept of conscientious ob­ 4. On 10 September 1981, the Sub-Commission on jection to a number of compromises between the in­ Prevention of Discrimination and Protection of terests of the State and the conscience of the objector. Minorities adopted resolution 14 (XXXIV) by which, This report takes into account not only what happens to after recalling General Assembly resolution 33/16S and the objector in his own country, but also what his fate is expressing the belief that the various dimensions of the likely to be if he escapes to another country in order to question of conscientious objection to military service avoid military service. As required by the mandating and their interrelation with the promotion and protec- resolution, the issue is dealt with in general terms, and the status of persons refusing service in military or 1 United Nations publication, sales No. 6O.XIV.2. police forces used to enforce apartheid is examined as , E/CN.4/1118 and Corr.1 and Add.I-J. well. • E/CN.4/1419 and Add.I·5. and E/CN.4/t509. 'General Assembly resolution 2312 (XXII) of 14 December 1967. • E/CN.4fSub.2/1982124.