24/07/1998

1 Conscription

conscription exists

Conscription is enshrined in art. 18(1) of the 1848 Federal Constitution (as amended in 1992), which states: "Every Swiss is liable for military service. The law will provide for the organisation of civilian service." [4]

The legal basis of conscription is the 1907 Law on Military Organisation and the 1992 Defence Law (Wehrgrundgesetz). [2]

In wartime everyone -- women, men and children -- must help in the defence of the country. [3]

Switzerland, a federation of several small states, introduced national conscription in 1870. It was clearly part of a nation-building programme. Although Switzerland has remained neutral in the majority of European wars, it firmly believes in a 'total defence', requiring every citizen to play some part in the country's defence. The Swiss standing army is relatively small, but there is a large potential militia-army.

military service

All male citizens are liable for military service between the age of 20 and 50 (55 in the case of officers). [2]

Under the canton defence system laws -- and contrary to the Constitution -- women with particular skills are already conscripted in wartime and therefor must follow certain training courses as part of Switzerland's total defence concept. [3]

The length of basic military training (recruit school) is four months (118 days). Thereafter conscripts must undertake reservist training until they are 50. Reservist training consists of eight 20-day training courses up to the age of 32, and three 13-day training courses up to the age of 42. [2] [4] [5]

Altogether, conscripts must perform some 300 days' military training (reduced from 331 days in 1995, and from 364 days in 1991). During this three decades of his life, he remains a regular member of the militia army, which includes home maintenance of equipment, a rifle and ammunition. [2] [6] [10]

Those with relatively good qualifications can be forced to become military officers. Military training for officers lasts at least 460 days. [1]

postponement and exemption

Postponement of basic military training is possible up to the age of 23 or 27. [5] [6]

Exemption is possible for physical or psychological reasons, for members of the Swiss Federal Council, the Chancellor of the Swiss Confederation, chaplains, prison officers and essential hospital staff. [2] [4]

Those granted exemption must pay a 'substitute military tax' up to the age of 50. This tax is 2 percent of their taxable income and at least CHF 150. Handicapped people do not have to pay substitute military tax. [2] [4] [5]

Refusal to pay substitute military tax is punishable on each occasion by one to 10 days' imprisonment. [3]

recruitment

Call-up for medical examination takes place at the age of 18. Conscripts are called up for basic military training when they are 20. [5]

Each year only about 50 percent of liable young men actually perform basic military training. Most of the remaining 50 percent are granted exemption for one reason or another (mainly for medical reasons). Of those who have completed basic military training, about half remain in service until the age of 50 - the others are granted an exemption at some stage in their life. [1]

2 Conscientious objection

legal right

The right to conscientious objection is legally recognized under the 1996 Law on Substitute Service. According to art. 1: "Those liable for compulsory military service who can credibly assert that performing military service is incompatible with their conscience, must perform civilian substitute service." [7]

Switzerland was one of the last Western European to legally recognize the right to conscientious objection and provide for a substitute service outside the armed forces. In a referendum held in May 1991, an 82.5 percent majority voted in favour of amending art. 18 of the constitution to include the right to perform substitute service. This amendment allowed for the drafting of a law on substitute service, which was passed by parliament in October 1995 and came into force in October 1996. [4] [9]

right for whom

All conscripts declared fit for military service may apply to perform substitute service at any time. [10]

Applications can thus not be made by those exempted for medical or psychological reasons. [1]

Professional soldiers who develop conscientious objections, can claim the right by leaving the armed forces. [3]

procedure and practice

Applications, including a curriculum vitae and explanation of motives, must be made to the Ministry of Industry and Labour. The application is considered in a hearing by a three-person commission. The members of the commission are appointed by the Ministry of Industry and Labour, but the Ministry of Defence has a say in this. At present there are 120 commission members, who have been recruited through newspaper advertisements.

In the French and Italian part of Switzerland the hearing usually takes place about three months after the application has been made, but in the German Part applicants may have to wait for 10 months.

The commission weights up the sincerity of the applicant and the applicant must provide evidence that performing military service is incompatible with his conscience. Only ethical and religious reasons are accepted, so applications may be rejected if the applicant's conviction is deemed as mainly political, if the commission doubts its credibility or if it considers that the applicant doesn't practice his conviction in daily life.

If an application is rejected, appeal can be made within 30 days of the decision by the commission. [1] [10]

If an application is made at least 3 months before commencement of military training, one is not obliged to take part in the training until a final decision has been reached on the application. [10]

If the application is submitted at later stage, postponement of military training is not allowed. Those who apply too late and don't respond to call-up for military service can be prosecuted. The criminal proceedings will be postponed if he makes an application for substitute service. If the application is granted he can still be punished by up to three months' imprisonment for ignoring a call-up order, but nobody has been sentenced to imprisonment for this reason (although some have been fined to a maximum of 300 Swiss francs). [1]

Applications may be made while serving, but pending the procedure one has to stay in the armed forces. Applications made while serving are usually decided on within a few days. When the request is granted, the applicant is immediately released from service. [10]

Information on the right to conscientious objection seems not easily available. All young men receive a booklet about military service, but this gives only very limited information on substitute service. At official state-run information evenings apparently no or wrong information is given on conscientious objection. [1]

There are several groups that counsel conscientious objectors; the main one is the advice bureau for conscientious objectors (Beratungsstelle für Militärverweigerer) in Zürich.

substitute service

The length of substitute service is 177 days, one and a half the length of military service. [9]

Substitute service is run by the Ministry of Industry and Labour (BIGA). It can be performed in any public or private body that serves the public interest. This can include social and health care services, hospitals, youth centres, research at universities, biological farming, forestry, etc. [1] [7] [10]

COs get the same pay and have the same rights as conscripts in the armed forces. COs are not liable for civil defence duties and do not have to pay substitute military tax. [1]

It is also possible to perform unarmed military service within the armed forces, which has the same length as military service but does not entail reservist duties. The application procedure is the same as the one for substitute service. (Before there was a legal right to perform civilian substitute service, there was limited access to unarmed military service for those refusing to perform military service on religious and ethical grounds - see: History). [1] [10]

3 Draft evasion and desertion

penalties

The 1996 Law on Substitute Service provides for the following penalties for draft evasion and desertion.

A conscript who, in order to resist performing military service, refuses to be drafted, does not respond to call-up, deserts his unit or fails to return from leave can be sentenced to up to 18 months' imprisonment. [7]

Resisters belonging to a religious community, who refuse to serve on religious grounds and do not apply for CO status, can be sentenced to perform substitute service. [7]

Those who refuse to perform substitute service can be sentenced to up to 18 months' imprisonment. A judge can exclude a resister from the substitute service system, which means he loses CO status. [7]

practice

It is believed that many try to evade the draft by striving hard to get exempted for psychological reasons. This is the so-called 'blue way', named after the blue badges of the military doctors. Exemption is quite liberally granted, 50 percent of eligible conscripts are exempted per year. [1]

total objection

Now, in 1998, it is unclear what bearing the new law on substitute service will have on the degree of total objection.

Since the introduction of the law there have been only a few legal actions against total objectors. In 1997, a man who refused to perform both his last 52 days of reserve training and substitute service (which he denounced as being part of the same system), was sentenced by military court to four months' imprisonment without probation. This sentence was far higher than sentences given in comparable cases before 1997. His objection to substitute service was viewed by court as the expression of profound egoism, which was a reason to prolong the sentence. [1]

5 History

Switzerland was one of the last Western European countries to legally recognize the right to conscientious objection and provide for a substitute service outside the armed forces. Demands for a civilian substitute service have been made ever since 1903, but until the 60s the number of COs was very low and the general attitude in society towards COs very suspicious.

Since the 60s the number of COs increased gradually. Already in 1977 and 1984 national referendums were held, initiated by grassroots peace organisations, but at that time large majorities still voted against the introduction of a civilian substitute service.

Since the 80s the status of the militia army seems to have declined somewhat, which has surely played a role in legitimizing conscientious objection. Opinion polls indicate that the Swiss population's confidence in the capacity of a small, neutral state to defend itself in a modern war declined. In 1989 there was a referendum on abolishing the armed forces, in which 35.6 percent voted in favour of abolition. [2]

Until 1996 the only legal possibility for COs was to apply for unarmed military service within the armed forces. Between 1968 and 1989, 10,053 conscripts were convicted of refusing to perform military service. During this period, COs could be sentenced to up to 3 years' imprisonment by a military tribunal. If the tribunal found that the refusal was based on 'a severe conflict of conscience' it could hand down a sentence of up to 6 months' imprisonment, with the convict being allowed to undertake compulsory labour outside prison.

In June 1991 a national referendum approved a change in the Military Penal Code and approved the so-called "Barras rule", which came into force in July 1992. This rule provided for a

substitute service to be performed outside the military. COs were, however, still subject to the jurisdiction of the military tribunals and military judges decided whether an individual was a CO. Those refusing to perform military service for religious or ethical objections were sentenced to compulsory labour, lasting one and a the length of military service. After performing this they could have their criminal conviction erased from police records. Those refusing to perform military service on grounds that were not 'recognised' were sentenced to imprisonment. Between 1991 and 1996, some 360 people a year were convicted for refusing to perform military service, of whom 60 percent were sentenced to compulsory labour and 40 percent were imprisoned. [5]

6 Annual statistics

The armed forces are about 25,000 strong, which is 0.35 percent of the population. 3,500 of them are professional staff, the rest are conscripts doing basic military training. [11]

Every year about 42,000 young men reach conscription age, of whom about 22,000 actually undergo basic military training. [11]

Reserve duties mean that Switzerland has a 600,000-strong militia army, which is 8.47 percent of the population. In 1996, 240,900 men received reservist training. [2] [11]

The law on substitute service came into force in October 1996. Between October 1996 and October 1997, there were 2,200 CO applications. In October 1997, 800 applications had been decided upon and 80 percent had been granted CO status. [1]

Sources

[1] Winet, Rüdi 1997. 'The situation of conscientious objectors in Switzerland - compared with the guidelines of the European Union', in: Conscientious objection in Europe - ways to freedom of conscience for COs in European countries. Connection e.V., Offenbach, Germany. [2] Schmid, G. 1994. Wehr- und Zivildienst in Europäischen Ländern, Informationen, Analysen, Unterrichtbausteine. Wochenschau Verlag, Schwalbach. [3] War Resisters' International 1990. Country report. WRI, London. [4] Haltiner, Karl W. 1993. 'Switzerland: Questioning the Citizen Soldier', in: Moskos, C.C., J.W. Chambers II. The New Conscientious Objection, from sacred to secular resistance. Oxford University Press, New York/Oxford. [5] Johny Walther (Centre Martin Luther King) 1994. Response to Quaker Council for European Affairs inquiry. [6] Rüdi Winet (Beratungsstelle für Militärverweigerer) 1994. Response to Quaker Council for European Affairs inquiry. [7] Bundesgesetz über den zivilen Ersatzdienst (Zivildienstgesetz, ZDG) 1995. Zürich, Switzerland, 6 October 1995. [8] Amnesty International 1996. AI Concerns in Europe: July - December 1995. AI, London. [9] Amnesty International 1997. Out of the margins, the right to conscientious objections to military service in Europe. AI, London. [10] Beratungsstelle für Militärverweigerer und Zivildienstleistende 1997. Zivildienst - die sinnvolle Alternative! (information sheet). BFMV, Zürich. [11] Institute for Strategic Studies 1997. Military Balance 1997/98. ISS, London.