Conclusions

Conclusions from the first day of the conference:

1. In all countries of the region (Macedonia, Serbia and Montenegro, Bosnia and Herzegovina, Croatia) the right to conscientious objection is recognized by all its fundamental principles.
2. In all countries of the region there is a possibility for alternative civilian service.
3. All countries have the same obligation, by being members of the European Council, to include the right to conscientious objection according to standards of the European Council.
4. All participants of the conference recognize the necessity for further development of legislation and practice of conscientious objection and civilian service in order to get closer to international standards.
5. All countries of the region, according to the commitment they have towards the European charter about human rights and civil freedoms, which states in article 9, paragraph 2 that conscience cannot be limited by any deadlines, must adjust legal regulations so that there are no deadlines within which the demand for conscientious objection can be submitted.
6. Furthermore, all countries of the region, according to European charter about human rights and civil freedoms, should regulate the length of civilian service in a way that "the difference is based on reasonable and objective criteria", as stated by the Committee for human rights.
7. All participants of the conference come to the conclusion that the document "Regional standard about conscientious objection" entirely derives from European standards about conscientious objection and that it should represent the basis for further work on standardization of the right to conscientious objection in the region according to European and other international standards.
8. All participants of the conference come to the conclusion that all countries of the region continuously face the problems regarding the implementation of the right to conscientious objection, and that they also have different levels of realization of the right to conscientious objection, so they realize the necessity and the benefit form the exchange of experiences and practices regarding this issue.
9. Participants of the conference are grateful for support they have from the European Council over solving the problems they have regarding the issues of conscientious objection and they invite the European council to continue to assist them in solving these issues.
10. All participants of the conference come to the conclusion that the regional cooperation and common work are necessary on issues of conscientious objection and civilian service, and that that is the only way to achieve proper standardization and recognition of the right to conscientious objection.
11. Participants of the conference express their regret for impossibility of getting to know all experiences about conscientious objection in the region, for the institution that has jurisdiction over conscientious objection and civilian service in Serbia and Montenegro did not participate at the conference. Participants hope that this will be completed by the future dialogues.
12. Participants of the conference acclaim the beginning of discussion about demilitarization of the region.

Conclusions from the morning session, 21.09.2004.

In order to establish functional models of civilian service, the countries of the region should use all recognized positive solutions and recognize at the same time the lacks that exist. All participant of the session are aware of lacks of models of civilian service in their countries and they are ready to work on their improvement and accordance to recommendations of the European Council and «Regional standard for conscientious objection».

1. Participants of the conference instigate the separate law bringing on civilian service in all countries of the region;
2. It is necessary to enable to nongovernmental organizations to admit conscientious objectors for civilian service;
3. It is necessary to organize a functional administration which could adequately respond to the number of conscientious objectors in the countries of the region;
4. In organization and exercise of the right to conscientious objection and civilian service, it is necessary to involve all governmental resources which will enable to civilian service to offer its contribution in all segments of the society;
5. All expenses of civilian service will be overtaken by the state , except for cases where there is an agreement with institution where the civilian service is performed;
6. It is necessary to clearly regulate with legal norms that performance of civilian service cannot occupy nobody's working position;
7. Civilian service should be organized in a way to instigate voluntary work and solidarity and, in case of abolishment of military service in the future, to create conditions for continuation of voluntary work

Conclusions of the working group from Macedonia, 21.09.2004.

1. Impossibility to apply for civilian service after receiving recruitment letter.
   • There is already an initiative by Peace Action directed to the Constitutional Court of Macedonia, which is still in the process. The decision of this Court is final and we are expecting it.
2. The issue of insufficient information about the right to conscientious objection.
   • In the future an initiative should be brought for formation of separate body outside the Ministry of Defense where all information about the right to conscientious objection and civilian service could be gotten. At the same time this body should direct the process of implementation of the right to conscientious objection and civilian service. The representatives of Macedonian delegation of the Ministry of Defense will give their support, according to their possibilities, for formation and functioning of this body.
   • Organization of training for employees of the Ministry of Defense that are in contact with the issue of conscientious objection and civilian service. At the same time these or similar training should be organized with institutions and organizations which are organizers of civilian service.
3. Issue of extension of number and profiles of institutions and organization that organize civilian service.
   • So far, in Macedonia, the potentials of institutions and organizations with profiles defined for civilian service have not been used yet. The agreement is that everybody work together on exploitation of these potentials, and if the necessity for greater number of organizations arises, then it would be necessary to start working on increasing of number and profiles of institutions and organizations.
4. Military service lasts 6 months and civilian service 10 months.
   • Peace action should bring the initiative to change the length of civilian service with precise arguments for needs to decrease the length of civilian service.
5. Suggestion to include external cooperator in the commission that solves applications for conscientious objection.
   • In Macedonia, the decision about the structure of commission is brought by the Minister of defense. This decision in brought after the submission of demand to the Minister of defense to include external cooperator. It is important to emphasize that in case of approval of this demand, this position will have voluntary character.

Working group from Serbia and Montenegro, 21.09.2004.

Participants of the conference form Serbia and Montenegro have brought the following conclusions:

1. There is an improvement and wish to work on these issues
2. The Ministry for human and minority rights will, within its jurisdiction, react on reported cases of violation of the human right to conscientious objection.
3. Institutions of Ombudsman of Montenegro, according to its legal authority, shall help the realization of the human right to conscientious objection during the performance of civilian service at the extent to which it will be violated by republican authorities and organizations with public jurisdictions.

Conclusions from the session of the working group from BiH

1. Inexistence of unique legislation that defines the right to conscientious objection and civilian service in the entire state
2. Problems regarding the organization of civilian service in Federation BiH have been noticed, so it is necessary to create conditions in order to achieve faster dynamics and to create capacities as for the civilian service, so for the administration which works in this field, as well.
3. There is insufficient informing in both BH entities, so it is necessary to find new models in order to overcome this problem. Civil authorities should inform the recruits in written form about existence of this right, and in case a recruit chooses conscientious objection, a quality and detailed information about the process to achieve this right should be given to him.
4. There is a necessity for better education of employees of ministries of defense, especially on levels in direct contact with recruits.
5. The practice to accept all applications for conscientious objection in both bh entities without analyzing conscience reasons is well evaluated and should continue.
6. Small number of legal persons where civilian service can be performed is evident (in both bh entities), so it is necessary to invest additional efforts to increase this number.
7. There is a monitoring of civilian service in the Republic of Srpska and it works quite well.
8. The monitoring is not adequately defined and organized in Federation BiH, so there is confusion about responsibilities among different factors of the entire process. For this reason, new, more practical solution should be found.
9. Difference in length of military and civilian service in F BiH is satisfactory: 4 months for military and 6 months for civilian service.
10. Difference in length of military and civilian service in RS, according to current legislative solutions is not satisfactory, but this difference shall be solved by the next legislative documents.
11. If the civil authorities are not able to organize civilian service for persons in "critical age", then military obligations for these persons should not be prolonged, but they should be assigned to reserve structures, for it is not their fault the civilian service is badly organized in BiH.
12. Persons who had served their civilian service can be assigned to reserve structures, so that, in case of war situation, they could perform jobs of exclusively civilian and humanitarian character.

Conclusions from the session of the 3rd day

1. Considering the fact that the civil society is a government collective, the participants of the conference noticed the necessity for further and, at the same time, increased cooperation among governmental institutions and organizations of civil society on issues regarding conscientious objection and civilian service
2. Considering the principle of transparency of work of government institutions, the participants of the conference come to conclusion that an access to all relevant information in the process of admission and solution of application for conscientious objection should be enabled to organizations that deal with issues of conscientious objection
3. Participants of the conference also support the inclusion of organizations of civil society that deal with conscientious objection into work of bodies that solve applications for conscientious objection, approve the admission of conscientious objectors to organizations and assign to civilian service.
4. There is a necessity for reinforced activity and cooperation of civil society organization with government institutions that deal with conscientious objection related to monitoring of civilian service, with aim create as biggest social benefits for society from civilian service as possible, as well as to insure the protection of rights of conscientious objectors while performing civilian service.