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Editorial

Welcome to CO-Update No 8. One focus of this issue is War Resisters' International's work at different United Nations bodies - on Eritrea at the Commission for Human Rights, and on Greece at the Human Rights Committee. While this newsletter "goes to press", Abraham Gebreyseus Mehreteab from the Eritrean Anti-Militarism Initiative will be addressing the Commission for Human Rights on WRI's behalf, and earlier in March Kat Barton presented WRI's report on conscientious objection in Greece to the Human Rights Committee, meeting in New York. The reports on the discussion within the Human Rights Committee are encouraging, and we are now waiting for the Committee's recommendation regarding conscientious objection in Greece. At the same, there is - for a change - good news from Greece.

Preparations for War Resisters' International's seminar on "Peace in North-East Asia" (26-29 June) in Seoul, Korea, are well under way, and you can now register online if you want to participate. On the website, you can also find a draft programme and some practical information on the seminar, and on visiting Korea in general.

The next important event related to our campaign on conscientious objection in Greece is International Conscientious Objectors' Day - May 15th - and please let us know what you are planning for the day, or take part in the international seminar, nonviolent training, and action in Thessaloniki (see below).

Andreas Speck

Upcoming events

15 May - International Conscientious Objectors' Day

International Conscientious Objectors' Day 2005 focuses on the situation of conscientious objectors in Greece. War Resisters' International and the Association of Greek Conscientious Objectors are organising an international seminar and nonviolence training, leading to an international nonviolent action on conscientious objection in Thessaloniki on 15 May.

The activities will start on 9 May, and will last until 15 May. Accommodation will be organised, so better get in touch with War Resisters' International soon.

Solidarity actions all over the world are also welcome, and please keep us informed.

War Resisters' International released a special report on conscientious objection in Greece in February, and will be present at the session of the UN Human Rights Committee in New York. More information in co-update No 8, April 2005.

WRI Seminar 2005 in South Korea

In cooperation with several partner organisations from South Korea, War Resisters' International is preparing for its 2005 seminar and Council meeting, which will take place in or close to Seoul in June 2005. The theme of the seminar will be "Peace in North-East Asia". The Korean groups started a website on the seminar, which will carry updated information. Information is also available on the WRI website. Please use our online registration form to register for the seminar.

Seminar: 26-29 June 2005

WRI Council Meeting: 30 June-2 July 2005.

Globalising Nonviolence
The 2006 WRI International Conference

The 2006 WRI "Triennial" conference will be a decisive event in shaping the future of our organisation and our movement. Please make a note of the dates: the open conference will be from 23 to 27 July, while the WRI business meeting will be on 28-29. The venue is near Paderborn, North Rhine- Westphalia, Germany.

The title of the conference, Globalising Nonviolence, has a triple meaning: we aim

at making nonviolence more central in the global movement of resistance to war and economic domination,
at adapting nonviolent analysis and strategy to the threats we face today, and
at consolidating and reviving our antimilitarist, nonviolent, global network.

We believe that it is vital for WRI to have a stronger connection with the convergence of movements that has grown up in response to "globalisation". We hope the Triennial will be a place for people to learn about a range of campaigns and movements, and in particular about under-reported developments in the "global south". But we also believe that WRI can have a distinctive contribution to what some people call "globalisation from below".

While the worldwide movement against war and against economic globalisation is in general not violent, we believe that a greater consciousness of nonviolence could strengthen this movement and clarify its strategies. This is one of the tasks where WRI can help within this broader movement. And this task also involves developing new analyses and strategies, to adapt nonviolent struggle to the new global wars and power structures of our time.

This conference therefore aims to reach beyond the strictly WRI network to much wider circles in this growing worldwide "movement of movements".

However, the Triennial also could play a decisive role in renewing WRI organisationally. The Council meeting last year in Macedonia recognised that WRI's economic base has become precarious, that WRI's traditional core affiliates tend to be weaker than before, but also saw the need for a WRI network as being as strong as ever -- and more global than ever in view of our widening contacts in Africa, Asia, South America and the former Soviet Union. Looking at the organisational options facing us, the Council rejected any notion of compromising WRI's radical identity, instead opting to revitalise WRI's role as a radical network against war, the causes of war, and for nonviolence.

More information:

http://wri-irg.org/news/2005
/triennial06-en.htm

Housmans Peace Diary 2005 available

The Housmans Peace Diary 2005 is still available, and can be ordered now through the WRI webshop. The Housmans Peace Diary includes the Housmans World Peace database, and has a week-to-a-view diary. You can order a copy of the diary on WRI's webshop, or on the single copy order page.

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Conscientious objection and desertion in Eritrea

In close cooperation with Connection e.V. from Germany, War Resisters' International now published an English edition of the documentation on conscientious objection and desertion in Eritrea. At the time of writing this newsletter, Abraham Gebreyseus from the Eritrean Anti-Militarism Initiative will also be addressing the United Commission on Human Rights in Geneva, to draw attention to grave human rights violations, which are documented in the publication.

Presentation for the United Nations Commission on Human Rights 61^st session, Geneva, 14 March - 22 April 2005

Mr Chairman

I'm representing War Resisters' International. We conduct research on conscientious objection to military service in many countries. Last year, we undertook a preliminary survey on the issue of Eritrean conscientious objectors. We learned that there are thousands of Eritrean conscientious objectors and deserters.

In Eritrea the right of conscientious objection is not recognized by law with the present government. Some members of religious groups such as the Jehovah Witnesses are in custody since more than 10 years because of their convictions to refuse to serve in the military. They never had a hearing in court.

Arbitrary detention, torture, deployment at the front line, forced labour - all without any hearing - have been common ways to punish deserters and objectors. A very often used way of military punishment is to tie victims and to lay them in the sun for days or sometimes weeks.

Furthermore relatives of deserters are threatened to push their children to send them to their units.

Although it is difficult to know the exact number, thousands from the army are evading the military service. They declare their objection through various means. They conscientiously object, desert or flee the military dictatorship. A lot of the deserters are asking for political asylum in foreign countries.

We request the UN Commission on Human Rights to take note of the continuous violations against conscientious objectors and that it take further measures to ensure that conscientious objectors and deserters get asylum protection in accordance with the Geneva Convention on the status of refugees..

We also request the Special Rapporteur on Freedom of Religion or Belief to investigate the situation of conscientious objectors and other members of the army, particularly in Eritrea.

And we request the Eritrean government that it comply with Commission Resolution 1998/77: and in particular that it

releases immediately all conscientious objectors;
recognizes the right to refuse the military service on reasons of conscience, including profound convictions, arising from religious, ethical, humanitarian or similar motives;
introduces an alternative service compatible with reasons for conscientious objection.

Thank you very much.

Abraham Gebreyesus Mehreteab is an activist with the Eritrean Anti-Militarism Initiave, based in Germany, and represented War Resisters' International at the Commission on Human Rights

Source: Connection e.V. and War Resisters' International: Eritrea: Conscientious objection and desertion

Greece: WRI at the United Nations Human Rights Committee

Kat Barton, QPSW Peaceworker with War Resisters' International, presented WRI's report on conscientious objection in Greece (which she authored) at the meeting of the Human Rights Committee in New York. She highlighted War Resisters' International's main concerns regarding the situation of conscientious objectors in Greece, and she also attended a meeting organised by WRI's UN representative in New York, John Miller. These activities were part of WRI's campaign on conscientious objection in Greece, which will culminate with activities in Greece from 9-15 May 2005, and solidarity actions all over the world on International Conscientious Objectors' Day - 15 May 2005.

According to the reports of the meeting, it seems the Human Rights Committee took up some of the issues raised by War Resisters' International.

Extracts from HR/CT/634, 24 March 2005

Delegation's Response to Written Questions

(...)Another member of the delegation flagged rules governing conscientious objection, saying that the law required such objectors to perform civilian service, equal in service to that which would have been done if they had served in an armed capacity -- increased, however, by 18 months. The term of service for religious objection, as of 1997 was 30 months (basic service of 18 months plus one year). For objections based on philosophical or moral beliefs, the term of service was 36 months (basic service of 18 months, plus another year and a half).(...)

Experts' Comments and Questions

Mr. KHALIL, expert from Egypt: (...) "Turning to the reductions in the terms of military service and alternative service that had occurred, he asked if that was an ongoing practice now or whether there would be a further reduction.

He said he could not avoid the impression from the report that conscientious objectors seemed to be in an unduly vulnerable position. That negative impression had been reinforced by a reported case of someone stripped of his status as a recognized conscientious objector for refusing to do 30 months of community service because of its punitive nature. Apparently, in June 2003, he was reportedly given a suspended 20-month prison sentence by a military court and could be called upon for military service, with the understanding that if he refused the latter, he would have to serve that suspended sentence. There were reportedly some 20 plus individuals in identical or similar situations.

Noting that those who refused to fulfil alternative civilian service were declared insubordinate, he asked whether insubordination led directly to a court martial, and whether the conscientious objector had the right to choose the alternatives to military service. He also asked about the basis of the practice of depriving conscientious objectives of their status if they carried out trade union activities or participated in a strike." (...)

"Picking up the points made earlier about conscientious objectors, HIPOLITO SOLARI-YRIGOYEN, expert from Argentina, said that not having arms was very important in terms of recognizing the right of conscientious objectors not to carry them, so to require military instruction, even if unarmed, was not an explicit recognition of the right to conscientious objection, as protected by article 18 of the Covenant. While the new law of 2004 had reduced the duration of alternative service, it was still long. According to the country's report, military service was 12 months, and unarmed service was six months more, and civil service was 11 months more than military service. The current reality was that a conscientious objector either had to carry out military service or a much longer alternative service.

Although the delegation had said that decision had been based on objective reasons, that was not sufficient, he said, adding that there were defensive and political reasons, and military reasons were cited in the report. Those were not sufficient to fail to recognize a clearly protected right under the Covenant. The Committee had also been told that during periods of armed conflict, the alternative services option could be suspended and, thereby obliging the conscientious objector to provide military service. That had led him to determine that the right of conscientious objectors had not been complied with nor had it conformed to the norms of article 18 of the Covenant. He, therefore, concluded that the legislation governing recognition of the right of conscientious objector was not convincing. Military and unarmed military service was not explicit recognition of conscientious objection, and the alternative civilian service must neither be discriminatory nor punitive, nor derogable, even in wartime."

(...) "Returning to the issue of conscientious objection, Mr. RODLEY, expert from the United Kingdom, noted that the Government distinguished between conscientious objection based on religious belief versus conscientious objection based on philosophical or moral beliefs, with religious belief demanding less extra time in the alternative service, according to the delegation's written response. He sought some explanation about that particular distinction. The delegation had already stated that extra time spent in alternative service was proportionate, given the nature of the two respective tasks, but how was the calculation made of "extra onerousness"? Certainly it was not just the number of extra days involved that would explain a nearly 100 per cent increase in the amount of time being spent.

Furthermore, some NGO sources had said that it was actually possible for those doing military service to complete only one third of the 12 months by buying themselves out of the other eight months, he said, seeking confirmation."(...)

Delegation's Response

"On the state of siege and conscientious objectors, another representative said the Greek Constitution and International Covenant had taken different approaches: the Covenant had enumerated rights that were not derogable, while the Constitution had enumerated rights that were derogable. That meant that the rights in the Covenant were not derogable even in a state of siege, but freedom of movement were among the relevant articles of the Constitution that were derogable.

Further reduction of conscientious objector service in the near future appeared not to be possible, he said in reply to a series of questions on that topic. The last reduction had been in July 2004, but the objectors might benefit indirectly from the step-by-step reduction of normal military service.

He then explained in detail the case of a Greek conscript who had been called to join the army in 1992. His case was still pending in the courts. The military courts had jurisdiction over objectors only for the crime of insubordination. The same applied to the normal conscript who had not yet joined the army. Trade union activists or participants in a strike were not permissible. The same rule applied to the regular soldiers, who also could not exercise such rights. To the question about the 26 objectors who had not been given objector status, he said that was because they had not submitted the required papers.

The length of military service in Greece depended on the country's defensive needs and the dangers and threats it faced. Greece was threatened by a neighbouring country, so the length of service of the conscientious objector depended on the length of the normal military service for those reasons. The special committee which had exempted the objectors' applications had consisted or professors from Greek universities, one recruiting army officer, and one doctor-military officer.

In addition, he said, the Minister of Defence could suspend the right of a conscript to carry out an alternative service, and that was justified when the country faced a "serious threat for its life". In such a situation, one might revoke the right or status of the objector in order to avoid the dangers of war. He also provided some examples where civilian service was "less heavy" than armed service. The core of the different treatment lay in proportionate equality, rights and obligations, as recognized by the Constitution."

(...) "Summing up, ELISABETH PALM, Vice-Chair and expert from Sweden, said that, although the delegation had taken great care to answer the Committee's questions, there were still some doubts as to the country's treatment of minorities and what was being done to improve prison conditions. Doubts also remained about protecting the rights of children and rules regarding conscientious objection.

War Resisters' International is now waiting for the release of the Human Rights Committee's recommendations regarding Greece.

Sources: UN Press Release HR/CT/633, 23 March 2005
UN Press Release HR/CT/634, 24 March 2005

Greece: Good News

Today, on 1 April 2005, the Military Court of Athens ruled in a trial of conscientious objector Sergey Gutarov, who had been arrested unexpectedly yesterday on charges of insubordination, that he "is innocent". Alexia Tsouni reports:

"I have just returned from the Military Court of Athens, today we had the trial of CO Sergey Gutarov who had suddenly been arrested yesterday and detained for insubordination. Sergey had served military service in the former Soviet Union and later became a Jehova's Witness so he refused to serve in the greek army when he was called. The greek law 2510/97 doesn't allow persons who have already served in the armed forces (in Greece or abroad) to apply for conscientious objectors. However, the court after a very fast trial (with only one defence witness) ruled (5-0) that he is innocent, as the prosecutor also proposed, due to "conflict of duties": the duty to serve the army and the duty to do what his religion supports (alternative service for JWs). This is the first such decision of military court in Greece for insubordination of CO having already served in the army and we welcome it hoping to apply also to the ideological COs, e.g. Monastiriotis.

As his lawyer informed me today, there is another trial of JW CO Dionisis Avlastimidis next week, 7 April 2005, in the Appeal Military Court of Athens. He had served military service in Greece in the past, he later became a JW and he now refused to serve the extra training on the new weapons."

Source: Email Alexia Tsouni, 1 April 2005

Chile: Senate rejects regulation for conscientious objection

The Chilean Senate rejected draft regulations for conscientious objection which were included in a report of the Commission on Defence on military reform in early March. While the overall report was approved with 18:15 votes, the Senate voted out the CO regulation by a majority of 17:14. According to the proposed regulations, conscientious objection would have been recognised in principle for reasons of conscience based on religious, philosophical or ethical convictions. However, a CO application would only have been possible within 30 days after public call-up. Applicants were supposed to appear in front of a committee made up entirely of militaries, which would then have decided on the application. Conscientious objection would not have been recognised in times of war.

The proposed regulations did not meet international standards. The Chilean WRI sections MOC Ni Casco Ni Uniforme in Santiago and MOC Rompiendo Filas in Temuco were both opposed to the proposed regulations.

Source: Email Alvaro Boguen, 18 March 2005

Serbia: Expats organise for amnesty for draft evaders

22. March, 2005: Open letter of expatriate citizens of Serbia and Montenegro following the statement of Mr. Prvoslav Davinic in the show "Javna Tajna" on TV B92

On Monday 21 March, 2005, in the show "Javna Tajna" on TV B92 (Belgrade), the defence minister of Serbia and Montenegro, Mr Prvoslav Davinic, has made a public statement regarding mandatory military service, a dramatic problem for young citizens of Serbia and Montenegro, whether living in the country or abroad. Regarding young expatriates, the minister has stated that everything was perfectly normal and that such "conscripts" should stop pretending and follow a simple procedure in order to regularise their situation with the consulates of Serbia and Montenegro in their countries of residence.

This statement from the Minister is unfortunately in contradiction with reality, and it is -- unfortunately again -- not the first time.

To summarise, at the end of 2004, Mr Davinic has made a statement that the problem faced by "conscripts" now living abroad should be resolved. According to this statement, an order had been forwarded to stop arresting, at the country's borders, the army "conscripts" entering Serbia and Montenegro. Further, Mr Davinic had announced the enactment of a new regulatory framework aimed at finally resolving the issue : the army "conscript" would need to report to the embassy in the foreign country where he lives and submit an application for relief from the military service duty. The necessary documents for the application needed to evidence residency in the relevant foreign country: proof of employment, school or university enrolment or financial commitments. The minister has also announced that the conscripts over the age of 35 would be automatically considered as "reserve" and relieved of their military service duty.

This announcement has been widely published by the media in Serbia and Montenegro and even posted on the official web site of the Ministry of Defence. This has received very positive echo among expatriates from Serbia and Montenegro. It seemed that many of those men who were prevented from visiting their country for as long as 13 or 14 years would now, at last, have a chance to do so.

The news about arrests of two young "conscripts" while legally crossing the border of Hungary and Serbia soon followed. The men had their passports confiscated and they where asked to pay bail fees of 3000 euros each.

Refusals for the relief from the military service duty had increased in their frequency. Virtually all applications have been refused since then, despite earlier assurances from minister Davinic for a revised policy towards the conscripts. A fee of approximately 50 euros was charged for the application and an equivalent amount was charged for collection of the response even though the response was systematically negative.

This last statement of Mr. Davinic, to whom we have written publicly several times in vain, is therefore fully untrue, and may not be justified by alleged lack of information.

Consular and military authorities of Serbia and Montenegro have been ignoring the procedure to which the minister is referring to. They are not even applying the legal right, guaranteed explicitly to dual citizens living abroad by the law on the army of Serbia and Montenegro (Section 305, Paragraph 2), to serve military service only if they expressly request it. Instead, it is commonplace to see most absurd situations : for instance, military authorities of Serbia and Montenegro deny to a bearer of a Canadian passport the right to live in Canada!

As a group of Serbia and Montenegro expatriates, we believe that everyone has a right to travel freely, to visit relatives and friends in the country of their domicile and to support his family and his job. Mandatory military service in Serbia and Montenegro is a remainder of the past and should not exist as such any more.

We would therefore like to appeal for help and assistance to all institutions and individuals of good will in Serbia and Montenegro and worldwide.

Yours faithfully,

A group of expatriates from Serbia and Montenegro

This group maintains the web site http://www.dijaspora-vojna-obaveza.info and has members in Austria, Canada, Cyprus, France, Germany, Holland, Hungary, Italy, Slovenia, Spain, Switzerland, Sweden, UK, USA and Venezuela.

Source: Email Igor Seke, 23 March 2005

Israel: New Shiministim refusal letter signed by 250 youth

On 13 March, a letter signed by 250 Israeli youth was sent to Israeli Prime Minister Ariel Sharon, Minister of Defence Shaul Mofaz, and others. In the letter, the signatories declare that they will refuse to take part in the occupation, either by refusing to serve in the Occupied Territories or by altogether refusing to serve in the army.

"We the undersigned, Israeli girls and boys, believing in the values of democracy, humanism and pluralism, hereby declare that we shall refuse to take part in the occupation and repression policy adopted by the Government of Israel. Our backgrounds are diverse, but we are all agreed that these values are the bases of a just society. Every human being has the right to life, equality, dignity and freedom. We are bound by our conscience and as citizens of Israel to act in defence of these rights, by refusing to participate in the occupation and repression policy.

The occupation leads to inhumanity and to a massive infringement of the right to life. It tramples on the basic rights of millions of people and inflicts daily carnage and suffering. It leads to the confiscation of lands, to mass destruction of homes and public buildings, to arrests and killings without trial, to victimization and murder of innocents, to hunger, to a denial of medical assistance, to collective punishment, and to the building and expansion of settlements and the negation of any chance of normal living both in the occupied territories and in Israel itself. This flagrant violation of human rights is opposed to our view of the world, as well as being in contravention of international conventions signed and ratified by Israel.

The occupation contributes nothing to the security of the state and its citizens but on the contrary, it only aggravates it. It deepens the despair and fans the hatered among the Palestinians, feeds terrorism and widens the river of blood between the two sides. True security will only be accomplished by ending the occupation, dismantling the wall of Apartheid around the Palestinians and striving for a just peace agreement between the state of Israel and the leadership of the Palestinian people as well as the Arab world. The present policy is not a result of a military necessity, but the outcome of a nationalistic=Messianic phantasy.

The occupation has corrupted Israel, turning it into a militaristic, racist, chauvinistic and violent society. Israel is wasting its resources on the perpetuation of the occupation and repression in the territories, while hundreds of thousands of Israelis live in shameful poverty. In recent years Israeli citizens have experienced a deterioration of all public services. Education, medicine, welfare, pensions, everything to do with the well being of the citizenry has been neglected and sacrificed for the continued existence of settlements which the majority of the population wishes to be evacuated. We cannot stand idly facing this situation, which amounts to a "targeted liquidation" of the principle of equality.

We wish to live in a society which pursues justice, upholding equal rights to every single citizen. The occupation and repression policy is an obstacle to the realization of this vision, therefore we shall refuse to take part in it. We wish to contribute to society in an alternative way, which does not involve harming other human beings.

We call on all young people facing mobilization and on all members of the Israeli army to weigh again whether to risk their lives in the service of this repressive and destructive policy.

We believe that there is another way."

One of the signatories, Eyal Brami, 18, from Moshav Ptakhia, near Ramla, was given a conditional 7 day sentence on 22 March for his refusal to join the Israeli military. The following day, after spending the night in detention, he was ordered again to enlist and refused again. He was then sentenced to 21 more days in prison, plus the conditional 7 day sentence was enacted, so all in all he has been sentenced to 28 days in prison, which he is going to spend in Military Prison no. 4 in Tzrifin. He is due to be released from prison on 16 April, and is highly likely to be sent to prison again, several times, afterwards.

Eyal decided to refuse to enlist in the Israeli army, due to its being an occupying force, several months ago. He is among the signatories and the organizers of the new High School Seniors' Letter, signed by more than 300 youths, declaring their refusal to serve in the Israeli army. Eyal is the first among the signatories of this letter to be sent to prison.

Another of the signatories of the Seniors' Letter, Alex Cohn, was supposed to be imprisoned on the same day as Eyal, but already after both had arrived in the military Induction Base in Tel-HaShomer, Alex was notified that his enlistment date was deferred by approximately two weeks. Activists from the Seniors' Letter called this a "divide and conquer tactic" -- "The military got scared and wishes to separate those who refuse to be part of the Occupation".

On the morning of his arrest Eyal said to journalists and friends: "I do not regret the step I am making. Not at all. Today I will be asked to enlist and I shall refuse to do so. I am aware of the sanctions I will have to bear and I accept it, not with a happy smile on my face, but nevertheless I am going there". Earlier he was quoted as saying: "I do not believe that change can come from within the system, because this is an undemocratic, racist and non-egalitarian system. People inside the military follow orders ... If we wish to become like the countries where there is peace we have to act like them -- to reduce the use of violence, to spend less on national security and more on education and welfare". In his declaration of refusal, sent to the Minister of Defence, he wrote:

In accordance with the call of my conscience, I cannot take part in [Israeli] military activities, due to the criminal, immoral and blind behaviour of the IDF. The institutionalised violence perpetrated by the IDF is unnecessary, and moreover, it is harmful to the democratic rule of law, to the legitimacy of the IDF itself and most of all to innocent people, both Israelis and Palestinians.

I consider these violent acts to be the main cause of the security, economic and social problems facing Israel today, and therefore I cannot join the army in any function and take a direct or indirect part in acts that would lead the country to collapse.

Eyal's prison address is:

Eyal Brami
Military ID 7706258
Military Prison no. 4
Military postal code 02507, IDF
Israel

Recent co-alerts

In the previous month, the WRI office issued the following co-alerts:
(a full archive of co-alerts is available at http://wri-irg.org/news/alerts)

CO UPDATE