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Information submitted by the International Fellowship of Reconcilitation and Conscience and Peace Tax International

INTERNATIONAL FELLOWSHIP OF RECONCILIATION

Submission to the 115th Session of the Human Rights Committee

REPUBLIC OF KOREA

(Military service, conscientious objection and related issues)

Updated: September 2015. Contact:

Derek BRETT

International Fellowship of Reconciliation

Main Representative to the UN, Geneva

derek.brett@ifor.com

Tel: (41) 77 462 9825

Background: the issue in the Human Rights Committee

In its concluding observations on the Third Periodic Report of the Republic of Korea under the International Covenant on Civil and Political Rights (ICCPR), the Human Rights Committee expresses its concern “that: (a) under the Military Service Act of 2003 the penalty for refusal of active military service is imprisonment for a maximum of three years and that there is no legislative limit on the number of times they may be recalled and subjected to fresh penalties; (b) those who have not satisfied military service requirements are excluded from employment in government or public organisations and that (c) convicted conscientious objectors bear the stigma of a criminal record,” and recommends: “The State party should take all necessary measures to recognize the right of conscientious objectors to be exempted from military service. It is encouraged to bring legislation into line with article 18 of the Covenant. In this regard, the Committee draws the attention of the State party to the paragraph 11 of its general comment No. 22 (1993) on article 18 (freedom of thought, conscience and religion).”1

Download as a pdf

Information submitted by the International Fellowship of Reconcilitation and Conscience and Peace Tax International

INTERNATIONAL FELLOWSHIP OF RECONCILIATION (IFOR)

and

CONSCIENCE AND PEACE TAX INTERNATIONAL

UPR SUBMISSION KYRGYZSTAN JAN/FEB 2015

Contact: Derek Brett

IFOR Main Representative to the UN, Geneva

derekubrett@gmail.com

Executive summary:

This submission focusses on issues of military service and freedom of conscience in Kyrgyzstan. The specific concerns it raises are:

The recognition as conscientious objectors to military service only members of specific religious denominations, and discriminatory features of the alternative service available.

Shortcomings in the 2008 Law on Religious Associations

Militarisation of the secondary education system

Trial of civilians in military courts

A/HRC/8/40/Add.1

(...)

Recommendation:

"17. To recognize the right of conscientious objection by law, to decriminalize refusal of active military service and to remove any current prohibition from employment in Government or public organizations, in line with the recommendation by the Human Rights Committee (Slovenia);"

Response by the Government

"Alternative service programs for conscientious objectors are currently being studied."

Recommendation:

A/HRC/17/8/Add.1

(...)

93.47 Austria does not accept the recommendation.
The option of performing the military service starting at the age of 17 is based solely on the voluntary enlistment of the person concerned and requires the consent of his legal guardian. Neither the direct participation in combat nor the voluntary enlistment for military service in international operations is admissible. Under these provisions, full respect of the entire Convention on the Rights of the Child including its Optional Protocol is guaranteed.

(...)

A/HRC/17/18

(...)

44. Ghana asked about measures taken to respond to requests made by the ILO Committee of Experts on the Application of Conventions and Recommendations and the Human Rights Committee to enforce the legislation prohibiting the recruitment of children by the military. It referred to the gap that existed between men and women’s income at almost all levels, despite legal provisions on equal remuneration. Ghana made recommendations.

(...)

II. Conclusions and/or recommendations

(...)

A/HRC/17/17

(...)

58. Slovakia (...) noted the (...) lack of clear grounds for accepting or rejecting an application for an alternative to military service. Slovakia made recommendations.

(...)

II. Conclusions and/or recommendations

77. The recommendations formulated during the interactive dialogue and listed below have been examined by and enjoy the support of Estonia.

(...)

77.77. Ensure that the right of conscientious objection to military service is upheld, and clarify the grounds for acceptance or rejection of such claims (Slovakia);

(...)

A/HRC/17/8

(...)

“93.The following recommendations will be examined by Austria which will provide responses in due time, but no later than the seventeenth session of the Human Rights Council in June 2011:

(...)

93.47. Raise the age for all enrolments into armed forces to the age of at least 18 years in line with the CRC recommendation (Ghana, Slovakia);”

(...)

Source: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G11/119/21/PDF/G1111921.pdf?…

A/HRC/17/11

(...)

37. Slovenia took note of the concluding observations of the Human Rights Committee on the issue of conscientious objectors, in particular, the differences between the length of non-military alternative service and military service and asked what steps had been taken to address that difference. Slovenia made recommendations.

(...)

II. Conclusions and/or recommendations

105. The recommendations formulated during the interactive dialogue and listed below have been examined by Georgia enjoy the support of Georgia:

(...)

A/HRC/13/2

(...)

II. CONCLUSIONS AND/OR RECOMMENDATIONS

79. In the course of the discussion, the following recommendations were made to Eritrea. These recommendations will be examined by Eritrea, which will provide responses in due time. The response of Eritrea to these recommendations will be included in the outcome report to be adopted by the Human Rights Council at its thirteenth session:

(...)

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