CO UPDATE

Editorial

With co-update No 25, we are back on track with our release schedule, and we hope to keep it that way for a while now.

Today is Prisoners for Peace Day (see below), and we published our Prisoners for Peace issue of The Broken Rifle a few weeks ago. This morning, I also did an interview with Colourful Radio's Colourful Morning programme. You can listen to a podcast of the programme online.

Please request your copy of our Prisoners for Peace Broken Rifle from the WRI office, and support Prisoners for Peace.

Last week, War Resisters' International launched its campaign in support of Colombian conscientious objectors. Recent cases of forced recruitment of objectors, and the present case of CO Carlos Andrés Giraldo Hincapié, who is still in the hands of the military, highlight the need for more international support. The campaign will include speaking tours of Colombian COs to Europe and the USA, and International Conscientious Objectors' Day 2007 - 15 May - will focus on Colombia. More information will follow later.

This is the last issue of co-update for 2006. We wish you all a good and quiet time over the "festive" season, and a Happy New Year. We'll be back in 2007.

Upcoming events

1 December - Prisoners for Peace Day: Focus on Russia

Prisoners for Peace Day 2006 highlights the situation in Russia, with the new NGO law threatening the work of independent NGOs and the war in Chechnya also leading to increased persecution in Russia itself. The Prisoners for Peace campaign pack will be available early November in English, Spanish, French, and German. Contact the WRI office for more information.

Witnessing Conscientious Objection from Turkey to the World: History and Breaking News.

Istanbul, 27-28 January 2007

A conference of academics, legal experts, and activists will take place at Istanbul Bilgi University in January, to support the right to conscientious objection in Turkey. The conference is organised by a conference committee, with support of Human Rights Watch, Amnesty International Turkey, War Resisters' International and the European Bureau for Conscientious Objection. For more information, contact Ozgur Heval Cinar.

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South Korea: United Nations' Human Rights Committee demands recognition of right to conscientious objection

The Human Rights Committee, considered the periodical report of the Republic of Korea during its 88th session this year. The official report of the government of Korea gives some insights into the situation of conscientious objectors in the country. According to the report, the "development of nuclear weapons by North Korea poses a serious threat to the existence and security of the Republic of Korea. Therefore, the Government does not recognise alternative forms of service for conscientious objectors to military service, for it may result in a rapid decline in its defence capability."

The Korean government argues: "In considering a system of alternative forms of service for conscientious objectors, the Government has taken into account the following problems: (a) conscientious objectors may become quite numerous due to the abstract and voluntary nature of religious and personal beliefs, which would make it impossible to maintain the current conscription system essential for the national security and defence; (b) in the context of current universal conscription system, exempting recipients of alternative service from basic military training, training for reserve forces and wartime mobilisation, which the normal conscripts bear as part of their military service, may create a violation of the principle of equality; and (c) as military human resources are ever declining due to a decreasing birth-rate, the introduction of alternative service may prompt a national security crisis."

MINBYUN Lawyers for Human Rights counter this argument in their report: "Considering the fact that annually 300,000-350,000 are potential soldiers on service, and annually 30,000 work as public service workers, 55,000 work as industrial skilled workers, 15,000 are expert research workers, 4,000 are public health workers, 36,000 are full-time reservists, and 50,000 work as on-duty police, totaling approximately 200,000 people who are working in alternative services annually, it is hard to believe that recognizing alternative service for conscientious objectors will weaken the Republic of Korea’s national defense."

The table below shows the data on criminal punishments of persons who refused to enlist based on conscience.

Data on criminal punishments for refusal to enlist based on conscience (Period: 2000-2003)

The Human Rights Committee was not impressed by the arguments of the Korean government. In its "concluding observations", the Human Rights Committee writes: "The Committee is concerned 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 precluded from employment by government or public organisations and that (c) convicted conscientious objectors bear the stigma of a criminal record (art.18)."

Consequently, the Committee 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 its General Comment 22 para.11 on the right to freedom of thought, conscience and religion."

In addition, the Committee considered two individual cases on the right to conscientious objection. However, these decisions have not been published yet.

According to Korea Solidarity for Conscientious Objection (KSCO), more than 900 objectors were in prison in August 2006. The following is a list of pacifist, non-Jehovah's Witness objectors imprisoned on 1 December (Prisoners for Peace Day):

Kim Tae Hun, Box 20 P.O. Gunpoucheguk Gyeonggi-do, Korea, Zip Code 437-702, Seoul Jail, ref. No 2494, Phone. (+82 31) 423-6100~6, Fax. (+82 31) 423-6111, www.seoul.corrections.go.kr

Ko Dong Ju, Box 164 P.O. Seoulgeumcheonucheguk, Korea, Zip Code 152-707, Yeongdeungpo Jail, ref. No 2437, Phone. (+82 2) 2611-8100~7, Fax. (+82 2) 2612-5764, www.Yeonggu.corrections.go.kr

Choi Jae Young, Box 68 P.O. Jinjuucheguk Jinju-si Gyeongnam, Korea, Zip Code 660-912, Jinju Prison, ref. No 1204, Phone. (+82 55) 741-2181~2, Fax. (+82 55) 741-2428, www.jinju.corrections.go.kr

O Jeong Rok, Box 1 P.O. Seongyeonucheguk Seosan, Korea, Zip Code 356-851, Seosan Jail, ref. No 103, Phone. (+82 41) 669-6891~4, Fax. (+82 41) 669-6895, www.seosan.corrections.go.kr

Kim Young Jin, Box 99 P.O. Uijeongbuucheguk Gyeonggi-do, Korea, Zip Code 480-700, Uijeongbu Prison, ref. No 1723, Phone. (+82 31) 842-7601~3, Fax. (+82 31) 842-7080, www.uijeongbu.corrections.go.kr

Lee Yong Suk, Box 69 P.O. Namincheonucheguk Nam-gu Incheon, Korea, Zip Code 402-704, Incheon Jail, ref. No 2232

Phone. (+82 31) 217-7101~7, Fax. (+82 31) 217-7108, www.incheon.corrections.go.kr

Mun Sang Hyun, Box 144 P.O. Cheongjuucheguk, Korea, Zip Code 361-754, Cheongju Prison, ref. No 844, Phone. (+82 43) 296-8171~4, Fax. (+82 43) 296-7950, www.cheongju.corrections.go.kr

Kim Do Hyung, Box 164 P.O. Seoulgeumcheonucheguk, Korea, Zip Code 152-707, Yeongdeungpo Jail, ref. No 2479, Phone. (+82 2) 2611-8100~7, Fax. (+82 2) 2612-5764, www.Yeonggu.corrections.go.kr

Kim Hun Tae, Box 1 P.O. Seongdongucheguk Nonsan, Korea, Zip Code 320-941, Nonsan Jail, ref. No 370, Phone. (+82 41) 733-2220.1.4.6, Fax. (+82 41) 733-2227, www.nonsan.corrections.go.kr

Sources: Periodic report Republic of Korea, CCPR/C/KOR/2005/3, MINBYUN Lawyers for Human Rights, CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT, Advanced unedited version, Concluding observations of the Human Rights Committee, Korea, CCPR/C/KOR/CO/3/CRP.1, Email KSCO, 26 October 2006

Ukraine also criticised by Human Rights Committee

Another country scrutinised by the Human Rights Committee in its 88th session was the Ukraine, where the right to conscientious objection is only recognised for religious reasons. The Ukrainian government explains in its report: "Since military service is compulsory in Ukraine, the question of replacing such service by alternative (civilian) service is regulated by the State. To that end, a list has been drawn up and ratified by the Cabinet of Ministers of religious organizations whose doctrines do not permit the use of weapons and, by extension, the performance of military service. In addition to the religious organizations included in the list, the members of religious organizations with comparable religious beliefs are also assigned to perform alternative service. The decision to assign citizens from religious organizations with equivalent beliefs to the performance of such service is taken jointly by the alternative (civilian) service commissions and the Ukrainian State Committee on Religious Affairs or by their local bodies."

"As of 1 January 2005, 2,084 persons had performed such alternative service, 409 of them from the autumn 2004 call-up. With effect from that call-up, the period of alternative service has been reduced from 27 to 18 months and, for persons with higher education, from 18 to 13.5 months."

However, the Human Rights Committee concluded: "The State party should extend the right of conscientious objection against mandatory military service to persons who hold non-religious beliefs grounded in conscience, as well as beliefs grounded in all religions."

Sources: CCPR/C/UKR/6, 11 April 2006; CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT, Advanced unedited version, Concluding observations of the Human Rights Committee, Ukraine, CCPR/C/UKR/6

Romania: End of conscription

Romania is the latest country which finally ended conscription. The transformation into fully professionalised forces in order to comply with NATO standards had been planned for some time. Since the 1990s, the size of the Romanian armed forces and the number of conscripts had been reduced significantly. In 2003 the Constitution was in fact amended in order to allow for the abolition of conscription. This was finally decided in 2005, and on 23 October 2006 the Romanian military was finally transformed into a “fully professional force”.

Sources: Romania follows suit - conscription to be abolished on 1 January 2007, CO-Update No 15, November 2005, Romania Ends Conscription, Radio Free Europe/Radio Liberty, 23 October 2006

Indian military short of officers

According to a report in the Hindustan Times from 25 November 2006, the Indian military is short of about 12,000 officers in the army. Chief of Army Staff General Joginder Jaswant Singh said: "The reason for shortage of officers is because of new units coming up such as Rashtriya Rifles, which have to be manned by officers from regular army. As a result, there is a redirection of officers in the combat units". The Indian Army - in total 1.1 million strong - attempts to counter these shortages by attracting "the youth for a career in the army as commissioned officers" and also by encouraging women to join.

The Indian military is presently heavily modernising, and the first Indian military base in a foreign country - Farkhor Air Base in Tajikistan - became operational only recently. This is a sign that India wants to increasingly manifest itself as also as a regional military power.

Sources: Indian Army going hi-tech to build modern warfare, 25 November 2006, IAF to station MiG-29s in Tajikistan, The Times of India, 20 April 2006

Recent co-alerts

In the previous month, the WRI office issued the following co-alerts:

(a full archive of co-alerts is available at wri-irg.org/news/alerts)

• COL14911-241106: COLOMBIA: Conscientious objector Carlos Andrés Giraldo Hincapié in the hands of the military Concodoc project, Fri Nov 24
• ISR14905-14909-091106: ISRAEL: Two conscientious objectors on second prison term Concodoc project, Thu Nov 09
• COL14907-021106: COLOMBIA: Conscientious objector Andrés Daniel Giraldo detained by military Concodoc project, Thu Nov 02