London, 15 July 2004

War Resisters' International calls for the recognition of the right to conscientious objection

The ruling of the Korean Supreme Court is in breach of the International Covenant on Civil and Political Rights

War Resisters' International, the international network of pacifist organisations with affiliates in more than 40 countries, regrets the decision of the South Korean Supreme Court to uphold the conviction of a conscientious objector. The key sentence of the ruling, that "individual freedom of conscience can't be more important than accepting calls of duty for the defense of their own country" [1], does not comply with the International Covenant on Civil and Political Rights, to which the Republic of Korea is a signatory.
"Freedom of conscience is a fundamental human rights", says Andreas Speck, conscientious objection campaigning worker of War Resisters' International. "This human right can not be subjected to considerations of so-called national security or military defense. It is absolut, and has to be respected without limitations in a democratic country. This is also what the Human Rights Committee of the United Nations stated in its General Comment 22 on Article 18 of the ICCPR." [2]

Since its foundation in 1921, War Resisters' International supports conscientious objectors world-wide, and promotes the right to conscientious objection. In 1998, War Resisters' International published its second world survey on conscription and conscientious objection, Refusing to bear arms [3]. In March 2004, MINBYUN Lawyers for a Democratic Society, Korea Solidarity for Conscientious Objection, and War Resisters' International published a joint briefing paper for the United Nations Commission on Human Rights [4]. In this report, the following main concerns had been identified:

Lack of any provision recognizing the right to conscientious objection, in breach of Article 18 of the ICCPR;
Imprisonment of conscientious objectors as a result of this, and especially repeated imprisonment, which is in breach of the principle non bis in idem, as outlined by the Working Group on Arbitrary Detention in its Recommendation No 2;
Social discrimination of conscientious objectors after their punishment, especially restriction on work in public administration and a criminal record.

These concerns have so far not been addressed. The ruling of the Supreme Court even has to be seen as a step backwards. "War Resisters' International supports Korean conscientious objectors since the issue became known a few years ago. In 2003, War Resisters' International's Prisoners for Peace Day campaign focussed on the situation of conscientious objectors in South Korea [5]. War Resisters' International will continue to support Korean conscientious objectors, until the right to conscientious objection is finally recognised in the Republic of Korea", says Andreas Speck, who will be visiting Korea in August 2004. "Conscientious objection is an important contribution to a very different concept of (national) security, one based on the Gandhian belief that if you want peace, than you have to prepare for peace and not for war. In following their conviction, conscientious objection contributes more to security than millions of weapons or soldiers could ever do. This is what war resisters belief and practice all over the world. This is what members of War Resisters' International pledge when they say 'War is a crime against humanity. I am therefore determined not to support any kind of war, and to strive for the removal of all causes of war' [6]".

War Resisters' International
15 July 2004

Notes

[1] Supreme Court Rejects Rights of Conscientious Objectors, Korea Times, 15 July 2004, http://times.hankooki.com/lpage/200407/kt2004071516202052820.htm
[2] "The fundamental character of these freedoms is also reflected in the fact that this provision cannot be derogated from, even in time of public emergency, as stated in article 4(2) of the Covenant." For full text, see http://law.hku.hk/clsourcebook/human%20rights/40041.html
[3] Bart Horeman and Marc Stolwijk: Refusing to Bear Arms: A worldwide survey of conscription and conscientious objection to military service. War Resisters' International, London 1998, http://wri-irg.org/co/rtba/index.html
[4]Briefing Paper on Conscientious Objection and Human Rights issues in the Republic of Korea, http://wri-irg.org/news/2004/korea04-en.htm
[5] http://wri-irg.org/pubs/pfp03-en.htm
[6] WRI declaration, adopted in 1921, http://wri-irg.org/wri.htm