Bulgaria

24/07/1998

1 Conscription

conscription exists

Conscription is enshrined in art. 59(1) of the 1991 Constitution, which states: "Defending the country is a duty and a matter of honour on the part of every Bulgarian citizen. High treason and betrayal of the country shall be treated as crimes of the utmost gravity and shall be punished with the full force of the law."

The present legal basis of conscription is the 1995 Law on Defence and Armed Forces, as amended in 1998. [2] [15]

Following the dissolution of the Warsaw Pact the armed forces have been reduced from 152,000 troops in 1988 to about 100,000 in 1997. Further reductions are not expected. Abolition of conscription is not to be expected, as this would be too expensive. [9] [17]

military service

All men between the ages of 18 and 30 are liable for military service. [1]

The length of military service is 12 months, 9 months in the case of university and college graduates. It was reduced from 18 months in 1997 and from 24 months in 1990 - in line with the reduction of the armed forces. [2]

Reservist obligations apply until the age of 55, and until 60 in the case of officers. [13]

postponement and exemption

Postponement is possible for students.

Exemption may be granted for medical reasons. [1]

recruitment

Call-up for military service takes place at the age of 18. [1]

Traditionally, members of ethnic minorities, like Roma and Turks, are for the most part put in the construction battalions. This form of military service involves constructing bridges, railways, buildings etc. and the conditions in these construction battalions were known to be very harsh. The practice of putting Muslims and political suspects in the construction battalions, has gone on for several decades. In recent years the size of the construction battalions has reportedly been reduced and more and more Roma and Turks are allowed to perform 'normal' military service. [8]

2 Conscientious objection

legal right

The right to conscientious objection is enshrined in the 1991 Constitution, art. 59, para. 2 of which states: "The carrying out of military obligations, and the conditions and procedure for exemption therefrom or for replacing them with alternative service shall be established by law."

Its legal basis is laid down in the 1998 Law for Replacement of the Military Obligations with Alternative service. This law was passed by Bulgarian parliament in February 1998 and finally approved by the government in July 1998. Although the law does not yet meet the international standards on conscientious objection legislation, Bulgarian NGOs describe it as an important first step. [2]

According to art. 3 of the 1998 law: "All Bulgarian male citizens, liable to conscription for military service, have the right to apply for replacement of their military obligations with an alternative service as a practice of their Constitutional right of freedom conscience, freedom of thought and free choice of religion if they do not want to serve with arms".

In wartime COs may not be given "work connected to the use or carrying of arms" (1998 law, art. 49, para. 2) - COs may be called up to work in the fire brigades, evacuation of citizens. [2]

right for whom

Applications can be made only by those found fit for military service (1998 law, art. 7). Applications can be made at any time before starting military service, but not while serving. [2]

procedure and practice

Applications must be made to the Military District commission which has to send it within 7 days to the alternative service commission of the Ministry of Welfare and Labour. This commission conducts a personal interview with the applicant, and then reaches a decision. [2]

There is a right to appeal to the Ministry of Welfare and Labour and to the Supreme Court. [2]

It is not clear yet how the application procedure functions in practice, as the 1998 law has just been passed.

The 1998 law is not quite clear about what grounds are to be recognized and there is some fear that only religious grounds will lead to recognition. The Orthodox Church, which is very influential in Bulgarian society, is not enthusiastic about conscientious objection and considers it incompatible with membership of the church. This could mean that in practice it will be very difficult for members of this church to be recognized as COs. [1] [2] [15]

The right to conscientious objection seems not widely known about in Bulgaria. Counselling of applicants is done by the Tolerance Foundation, a small NGO who has lobbied for the introduction of the 1998 law. [8]

substitute service

The length of substitute service is two years - twice the length of substitute service. [2]

Substitute service is run by the Ministry of Welfare and Labour. [2]

Substitute service can only be performed in state institutions, in: "state and municipal institutions, welfare organisations, state and municipal health service, environment protection, public utilities, civil defence, the armed forces and other sectors of the national economy which do not require the use of arms" (1998 Law, art. 5(1)). It can not be performed in "trade companies, associations and foundations with idealistic or political purposes, political parties or trade unions" (1998 law art. 6(2)). [2]

Payment for performing substitute service is the same as conscripts in the armed forces, but COs are paid by their employers. [2]

The 1998 law allows the Ministry of Defence to set annual quota for the number of people that is allowed to perform substitute service. COs who can not perform substitute service because the quota is reached in a certain year, must perform it the following year. (1998 law, art. 6(4)) [2]

It is not clear yet how substitute service functions in practice.

Up to 1998 COs could only serve in non-combatant units within the armed forces. In recent years there have been many cases of conscientious objectors, mainly Jehovah's Witnesses, who persistently refused to perform military service or to serve in the construction battalions. In early 1998 there were 11 known cases of COs prosecuted, all of them Jehovah's Witnesses. They were sentenced to between 10 and 18 months' imprisonment, usually under art. 361 of the Penal Code for avoiding military service. [2] [4] [6]

According to the Bulgarian Helsinki Committee in 1996, the punishment for conscientious objectors had increased in recent years. [5]

According to the 1998 law, they are all amnestied. [2]

3 Draft evasion and desertion

penalties

Under the National Defence Law draft evasion can be punished with a fine equivalent to 10 months' salary. [4]

Draft evasion and desertion are also punishable under the Bulgarian Penal Code, as amended in 1986.

Failure to respond to call-up is punishable by up to three years' imprisonment (art. 361).

Absence without leave from military service that lasts from one to three days is punishable by up to two years' imprisonment (art. 380), by up to five years' if the absence lasts more than three days (art. 381), and by one to eight years' if the absence was intended to be permanent (art. 382). [7]

Failure to respond to call-up for reservist duties is punishable by a fine. [13]

Violations of the regulations of substitute service are punishable under the Labour Code, but the punishments are the same as those provided for violations of military service regulations under the Penal Code. [2]

practice

Draft evasion has increased significantly since the 90s, prompted by poor conditions and human rights violations within the armed forces. At the end of 1993, for instance, about 10 percent (6,000) of all conscripts failed to respond to call-up. [9]

It is usually claimed that most draft evaders are members of ethnic minorities: Roma and, in particular, Turks. In 1993 there were said to be 3,500 draft evaders of Turkish background, and in 1994 almost 7,000. Apparently, the most common means of draft evasion by the latter group is by bribing officials and so managing to leave the country. [3]

It is not clear how far control and punishment of draft evasion takes place. In many cases draft evaders are thought to receive no additional sentence after they have paid a fine. They must then perform their military service. [9]

According to army sources, in October 1993, 271 of the 5,883 men who did not report to conscription boards for induction were reported to public prosecutors for draft evasion. One of them had already been tried on this charge and got a six-month suspended prison sentence. [8]

According to a Bulgarian NGO, draft evaders of Turkish background are more severely punished than those whose backgrounds are Bulgarian. Military courts, mainly comprising ethnic Bulgarians, are said to be prejudiced towards Turks. [14]

5 History

Under the Versailles Treaty Bulgaria was forbidden to have conscription. In 1939 conscription was reintroduced and Bulgaria traditionally had more troops in uniform per capita than any other Warsaw Pact country.

In the communist era the right to conscientious objection was not legally recognized. Since the 50s numerous members of religious denominations have been sentenced to up to five years' imprisonment, because of refusal to bear arms. [11]

It is believed that in the 70s the policy evolved of assigning Jehovah's Witnesses to non-combatant duties within the armed forces (construction battalions). [10]

In the 70s the government issued several decrees enabling conscripts to fulfil their obligations by working in industry for some five years. These decrees were meant also for students on certain professional courses who were considered important for national development. They could fulfil their military obligations provided they undertook to work for at least 10 years in their chosen field. The decrees were repealed by the government in August 1990, but the construction battalions have remained in existence in the 90s. [12]

After the fall of Zhizkov in 1990, the construction battalions received considerable attention. It was alleged that they had built over 20,000 apartments and houses for the Communist Party elite during the last ten years of the Zhizkov regime. High-ranking officers could reportedly request labour crews from the construction troops to work on their apartments or country homes. [15]

In 1991 the right to conscientious objection was included in the constitution and the government also promised to enact further legislation within three years. It failed to do so and it took seven years before the right to conscientious objection was finally implemented. In 1994 a law proposal was submitted to parliament by a government consisting of former communists which had won the 1994 elections. A parliamentary working group was supposed to be working on it but didn't make much progress for several years. The reason for this long delay is a lack of political will and the absence of an influential political party willing to take up the issue. After the 1997 elections the new government submitted a new law proposal which was, however, very similar to the previous - recognizing only religious grounds and allowing only for an unarmed military service within the armed forces. [2]

6 Annual statistics

The armed forces comprise 101,500 troops, which is 1.22 percent of the population. Every year about 62,600 conscripts reach conscription age. There are 49,300 conscripts in the armed forces. [16]

Sources

[1] Tannert, C., R. Bachmann 1997. Military service and conscientious objection in Central and Eastern Europe in view of the extension of the European Union towards the east. Brussels. [2] Information provided by Tolerance Foundation, January - March 1998. [3] ECCO 1996. Compulsory military service in Central and Eastern Europe, a general survey. European Council of Conscript Organisations (ECCO), Utrecht [4] EBCO 1997. The Balkans and the right to refuse to kill, report of seminar November 1996. EBCO, Brussels [5] Bulgarian Helsinki Committee 1996. Country report, in: Conscientious Objection to Military Service - a Human Right, documentation of the Conference of European Churches on "Conscientious Objection and Peace Service", 9-14 October 1995 in Minsk. Conference on European Churches (CEC) / EAK, Geneva/Bremen. [6] Amnesty International 1997. Out of the margins, the right to conscientious objections to military service in Europe. AI, London. [7] Amnesty International German Section, letter to Verwaltungsgericht Karlsruhe, 13 April 1994. [8] Stolwijk, Marc 1998. 'Dienstweigerdoorbraak in Bulgarije', in: Veedee AMOK 2/1998, Utrecht. [9] Engelbrekt, Kjell 1994. 'Bulgarian's Evolving Defense Policy', in: RFE/RL Research Report, 19 August 1994, RFE/RL, Prague. [10] Nikolov, Stephan E. 1993. 'Bulgaria', in: Moskos, C.C., J.W. Chambers II. The New Conscientious Objection, from sacred to secular resistance. Oxford University Press, New York/Oxford. [11] Amnesty International 1988. Conscientious objection to military service. AI, London. [12] Amnesty International 1991. Conscientious objection to military service. AI, London. [13] DIRB, 27 February 1995. [14] DIRB, 19 January 1996. [15] US Libray of Congress 1992. Bulgaria - a country study. Area Handbooks, State Department, Washington DC. [16] Institute for Strategic Studies 1997. The Military Balance 1997/98. ISS, London. [17] Tannert, C. 1998. Das Menschenrecht Kriegsdienstverweigerung und das Europäische Parlament. Fraktion der Sozialdemokratischen Partei Europas, Brussels.

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