France

05/11/1997

1 Conscription

conscription exists

Conscription is not enshrined in the Constitution. Its legal basis is laid down in a 1959 decree, which makes military service a 'national service', Law 1971/424, which regulates the Code of National Service, and Law 1983/605. [2]

Conscription takes place into the armed forces and into five forms of national service. (see: below)

Conscription will be abolished by 2002. In June 1997 parliament passed a law providing for a phasing-out of military service commencing in 1997. Conscription will be replaced by a compulsory one-day 'citizenship course' (rendez-vous citoyen). [4] [8]

military service

All men born before 1 January 1979 are still obliged to perform military service. Both men and women born later must take part in the one-day 'citizenship course'. [9]

Previously, all men between the ages of 18 and 50 were liable for military service, but in practice those over 29 years were not called up. Although the law states that 'all young people' are subject to the draft, women have never been called up. Women may serve as volunteers in peacetime, in wartime they may be called up to serve in non-combatant units in the armed forces. [2] [7]

The length of military service is 10 months. It was reduced from 12 months in 1992.

Reservist obligations pertain for three years after completing national service. [2]

national service

France permits a wide variety of "special forms of national service", all of them civilian forms of military service, which means that those who choose to perform them are officially members of the armed forces: so in cases of personal conflict in the course of their service they face martial law; and in wartime they may be called up for military service.

The "special forms of national service" are:

a. Cooperation service (since 1965): this form is intended for conscripts with university degrees. They are allowed considerable deferment of service in order to complete their studies. They spend 16 months abroad, in countries that signed a "cooperation" agreement with France, mainly teaching (not necessarily in 'third-world' countries). Since 1978, they have also been allowed to serve in French companies abroad (in order to support the French economy), in foreign scientific establishments (laboratories), or in humanitarian missions. In 1995, about 5,000 conscripts performed this "cooperation" service.

b. Aide technique (technical aid service, since 1965): conscripts with technical ability may spend 16 months performing civilian service in French colonies (so-called DOM-TOM, overseas departments and territories). In 1995, about 700 conscripts performed this service.

c. Police (since 1985): within the broader framework of the French authorities' overall "security" policy, conscripts may serve in the police force. Approximately 8000 conscripts served in the police force in 1995.

d. Community security (since 1992): a few conscripts may serve under the auspices of the Ministry of the Interior in the fire brigade or in the national forestry. This service was performed by 650 conscripts in 1995.

e. Protocoles (since 1976): although this is not regulated by law, the Ministry of Defence "lends" conscripts to other ministries under so-called protocoles, in an effort to achieve "national solidarity". Invariably the Ministry of Defence gets finances for this, either from another ministry or from the local community that actually employs the conscripts. Initially, just a few conscripts were hired out. They worked with veterans, later they also helped ex-patriates to "reintegrate" (1983), then they helped the disabled (1991). From 1992 on the situation changed: thousands of conscripts were "lent" to local urban communities to help "keep the order" in difficult schools and neighbourhoods. And a few worked in environmental protection (1993) and in the Atomic Energy Office (1994). Various reports have questioned the legality of funding the protocoles. [2] [7]

The introduction of the "special forms of national service" was apparently meant to compete with the existing substitute service for COs, but this has not led to a considerable decline in the CO statistics. [7]

postponement and exemption

Postponement is permitted up to the age of 22; and in the case of students until they are 27 years, depending on what course they are doing. Conscripts who have applied to perform particular types of military service, like 'cooperation', 'aide technique' and 'scientifiques du contingent', may postpone the service until they are 25.

Health exemption is either final or temporary - with a maximum of a year and renewable. Young married men with children may get exempted so as to support their family. Young men who can prove their work is essential may also be exempt - this applies to most farming families.

Exemption is granted quite liberally. Each year about one third of eligible conscripts are exempted for one reason or another. It is believed that many COs strive hard to get exempted. [2] [7]

recruitment

Registration at 17 is compulsory for men. Call-up is personal. [7]

2 Conscientious objection

legal right

The right to conscientious objection has been legally recognized since 1963. Its present legal basis is laid down in Law 83/605 of 1983. The law recognizes 'personal reasons of conscience against the use of arms' as grounds for CO status. [2] [7]

In wartime, conscientious objectors may be called up and put in non-combatant units. [1]

right for whom

Applications must be made by the 15th day of the month preceding the announced date of the conscript's incorporation into the armed forces. Applications can thus not be made while serving. [4]

Applications can be made after completing service, but only at least 4 years after. [9]

Women can not apply for CO status, as they are not drafted and CO status is to do with compulsory national service. [7]

In the 80s so-called forclos (people whose application have not been considered because it arrived outside the stipulated time limits) received various prison sentences. During the 90s the authorities appear to be more responsive to their appeals: some applicants are granted CO status on an exceptional basis (partly due to strenuous efforts by CO organisations) and some got exempted on health grounds. Others may have ended up performing military service. [4] [7]

procedure and practice

Written applications must be made to the Ministry of Defence. Conscripts who use the standard legal formula, stating that they "oppose the personal use of arms for reasons of conscience, and therefore demand to benefit from the openings available to conscientious objectors" are automatically recognised - providing the application is submitted within the set time limit. [7]

Applicants are not granted actual 'CO status' but are notified by the Ministry of Defence that their file has gone to the Ministry of Social Affairs, which organises substitute service. [7]

The right to conscientious objection is mentioned in an information leaflet handed out during medical examination. In the this leaflet, made by the Information Service of the armed forces (SIRPA,) conscientious objection is stated to be one of the legally permissible civilian forms of National Service. The procedure to be followed and the substitute service are briefly explained in a mere 10 lines in the 36-page leaflet.

The official Youth Information Centres have the information on their maps, but do not advertise it. The MOC and other peace organisations try to give people this information. (until 1983 it was forbidden to advertise the right to conscientious objection - see: history) [7]

substitute service

The length of substitute service is 20 months, twice the length of military service. Taking unpaid leave after 17 months may be permitted so as to enable students to start the new academic year on time. [7]

Substitute service is run by the Ministry of Social Affairs.

Substitute service can be performed in both state institutions and NGOs. There are many forms of substitute service - some 20,000 placements - in the health and social services, youth work, environmental protection, peace and human rights organisations, etc. Any non-profit organisation can employ a CO if it is part of a recognised umbrella organisation. It is possible to perform substitute service abroad (for example on a 'mission abroad' for their employed), but this is an exception. [2] [7].

COs can choose themselves where they want to perform substitute service: COs who state their choice, arranged in advance with the potential employer, will usually get their way. [7]

COs get the same daily pocket-money as second class soldiers. Since January 1997 wages of COs must be paid for by the employing organisation. Many organisations can't afford this and no longer employ COs, which has lead to a shortage of placements. Some COs have apparently been asked by the authorities to renounce their CO status and to start military service, but very few accepted this. (Before 1997 organisations had to pay the CO's wages in advance, but it was refunded by the Ministry which could take one and a half year). [7] [9]

Since the beginning of the 80s there have been organised COs quitting substitute service after 10 months' service, as a protest against its punitive length. They have mostly been charged with desertion, carrying a possible penalty of up to three years' imprisonment, but - as all those who received heavy sentences have appealed - so far none have actually been jailed. [4] [7]

3 Draft evasion and desertion

penalties

Ever since the military courts were abolished, draft evasion cases have been tried by a special civil court dealing with military matters. [3]

Failure to report for national service is from 2 to 12 months' imprisonment. [3] [4]

Having served a prison sentence, draft evaders may be called up again up to the age of 29. But most of them will be exempt (for 'health' or 'administrative' reasons) once they are set free. [1]

Desertion in peacetime is punishable by up to three years' imprisonment. [1] [4]

practice

Draft evaders are registered on the national police computer and may be arrested at any identity control point within French territory.

The vast majority of conscripts imprisoned during the 90s for failure to comply with national service laws are Jehovah's Witnesses who refuse to apply for CO status. It is believed that until 1995 about 500 were imprisoned each year, charged with insubordination after presenting themselves voluntarily at the barracks. But since 1995 there are no known cases. Jehovah's Witnesses may now submit a written request to the national service office before call-up and are then assigned to regional health and social authorities, who assign them to 20 months' civilian work comparable with substitute service carried out by COs. [4]

5 History

France was the first country in the world to introduce conscription. So-called "universal" conscription was established in 1793, when the French revolutionary government had to defend itself against royalist troops. Conscription was legalised in 1798. From 1799 until the 1870 war recruitment took place through a lottery, a system permitting rich people who had a "bad number" to pay poor people who had a "good number" to serve in their place. [7]

The first CO law was passed in 1963, but only after the 74-year-old pacifist Louis Lecoin had gone on hunger-strike. The law was combined with a presidential decree forbidding its advertisement. This decree was not officially repealed until the introduction of the new CO law in 1983. [7]

The 1963 law was very poor in other aspects as well: the application procedure included examination by a board which had very wide power to reject applications and the law hardly contained any provisions on substitute service. When CO was recognised, Service Civil International (SCI) set up camps for COs, and Aide a Toute Detresse (ATD), a social NGO employed some of them. In the early 70s the government sought to employ all COs in forestry, but COs attempted to organise their own alternative service. This was sorted out by the Bregançon Decree, regulating substitute service. [7]

In the 60s conscientious objection was mainly confined to a small number of absolute pacifists, but in the 70s more and more COs refused to perform military service for secular and political reasons. Accordingly, the CO movement itself became more organized and politicized. The number of CO applications grew from 150 in 1969, to about 1,000 in the late 70s to about 2,000 per year in the 80s. After the introduction of the new 1983 law, which abolished individual examinations of applications and increased the number of substitute service placements, the number of applications further increased. Still, compared to other European countries, the number of CO applications has always remained relatively low in France. In a way President de Gaulle's statement in 1962, "I want a legal statute on conscientious objection, but I don't want thousands of objectors", seems realized. [6] [9]

6 Annual statistics

The armed forces comprise 380,820 troops.

Each year about 460,000 young men reach conscription age. There are 156,950 conscripts in the armed forces. [5]

The following table gives the number of CO applications in some recent years: [7] [10]

1982 1,147

1988 2,400

1990 3,172

1994 (app.) 8,000

Sources

[1] War Resisters' International 1990. Country report France. WRI, London. [2] Schmid, G. 1994. Wehr- und Zivildienst in Europäischen Ländern, Informationen, Analysen, Unterrichtbausteine. Wochenschau Verlag, Schwalbach. [3] UN Commission on Human Rights, 1997. The question of conscientious objection to military service, report of the Secretary-General prepared pursuant to Commission resolution 1995/83. United Nations, Geneva [4] Amnesty International 1997. Out of the margins, the right to conscientious objection in Europe. AI, London. [5] Institute for Strategic Studies 1997. Military Balance 1997/98. ISS, London. [6] Martin, Michel L. 1993. 'France: a statute but no objectors', in: Moskos, C.C., J.W. Chambers II: The new conscientious objection: from sacred to secular resistance, Oxford University Press, New York/Oxford. [7] Mouvement des Objecteurs de Conscience 1996. Corrections to the draft report. [8] 'Franse dienstplicht duurt één dag', Volkskrant, 26 July 1997. [9] Mouvement des Objecteurs de Conscience 1997. Country report for European Conscientious Objectors' Meeting (ECOM) 1997. MOC, Paris. [10] War Resister's International 1991. Conscientious objectors in Europe. WRI, London. [11] Luccioni, Anton 1996. 'Het gelijk van de totaalweigeraars: beroepslegers en algemene dienstplicht in Europa', in: Veedee AMOK 2/1996, Amsterdam/Utrecht.

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