Conscientious objection

23 March 2009

Issues

Korea maintains conscription.

The right to conscientious objection is not
recognised.

Those
who refuse to answer a call up for reserve duty are
subject to multiple prosecutions and repeated fines or imprisonment.

Military recruitment
Conscription

Conscription is enshrined in art.

15/03/1998 1 Conscription

conscription exists

Conscription has existed since the establishment of the People's Republic of China in 1949.

Conscription is enshrined in art. 55 of the constitution, which states: "It is a sacred duty of every citizen of the People's Republic of China to defend his or her motherland and resist invasion.

Updated February 2016

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Issues

Conscientious objection is not recognised in law or practice

Those who refuse the draft face repeated imprisonment

1 Conscription

conscription exists

10/03/1998 1 Conscription

conscription does not exist

There is no legislation providing for conscription at present, as the 1952 National Service Act has been officially repealed. Conscription has existed in the past. (see: history)

There are no known plans to introduce conscription. In the 1990s the Malaysian armed forces have difficulties obtaining the requisite number of recruits, particularly officers.

10/03/1998

(Democratic People's Republic of Korea)

1 Conscription

conscription exists

Conscription is enshrined in art. 86 of the 1992 Constitution, which states: "National defense is a supreme duty and honour for citizens. Citizens must defend the fatherland and serve in the military as stipulated by law." According to art.

10/03/1998 1 Conscription

conscription does not exist

According to art. 9 of the 1947 Constitution Japan is not allowed to have armed forces: "Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. In order to accomplish the aim of the preceding paragraph, land sea and air forces, as well as other war potential, will never be maintained.

10/03/1998 1 Conscription

conscription does not exist

Conscription has never existed in Brunei.

The government stated in 1989 that it had no plans to introduce compulsory military service. [2] [3]

recruitment

Only ethnic Malayans, who form 67 percent of the population, are allowed to join the armed forces.

After the communist government fell in 1992 civil war continued between different factions of the former Mujaheddin resistance. Since 1992 different parts of the country have been ruled by different armed groups and local commanders; effective central government is consequently lacking. In September 1996 the capital Kabul was seized by the Taleban, which ever since has been considered the government of Afghanistan and controls approximately 75 percent of the country.

23/01/1998 1 Conscription

conscription does not exist

Conscription has been abolished in 1972. The 1951 National Service Act was rendered ineffective in 1973 by the National Service Termination Act and repealed alltogether in 1992. Conscription is not enshrined in the constitution, there is no legislation providing for conscription in peacetime and there are no provisions for registration of conscripts in peace time. [1]

The 1903 Defence Act, as amended in 1992, does provide for the introduction of conscription in war time.

The European Commission of Human Rights sitting in private on
12 January 1998, the following members being present:

Mr S. TRECHSEL, President
MM J.-C. GEUS
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
MM H. DANELIUS
F. MARTINEZ
C.L. ROZAKIS
Mrs J. LIDDY
MM L. LOUCAIDES
B. MARXER
M.A. NOWICKI
I. CABRAL BARRETO

Concluding observations of the Human Rights Committee : Belarus.

19/11/1997.

CCPR/C/79/Add.86. (Concluding Observations/Comments)

(...)

16. The Committee notes the statement of the delegation of Belarus that legislation on conscientious objection to military service is envisaged. In this regard:

CCPR/C/79/Add.87
19 November 1997

(...)

12. The Committee is concerned at reported cases of harassment and use of excessive force by members of the army against conscripts and of police brutality against detainees.

Therefore: