CO UPDATE

Editorial

We are sorry for the slight delay of this co-update e-newsletter, but we are just back from the WRI/New Profile seminar on gender and militarism in Newe Shalom/Wahat-al-Salam in Israel, and the WRI Council meeting. In one of the next issues, we will publish a report on the seminar, but for now all we can say is that we enjoyed it a lot, and enjoyed meeting with many activists from Israel, Palestine, and from all over the world.

Andreas Speck

Upcoming events

1 December - Prisoners for Peace Day: Focus on Turkey

Prisoners for Peace Day 2007 will focus on the situation of conscientious objectors and antimilitarists in Turkey (see co-update No 31, August 2007). Watch this space for more updates.
More information will also be available on the WRI website.

CO-Update

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War Resisters' International, 5 Caledonian Road, London N1 9DX, Britain; tel +44-20-7278 4040; fax +44-20-7278 0444; email co-update-editor@wri-irg.org

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Turkmenistan: New wave of imprisonment of conscientious objectors

The last months saw a new wave of imprisonment of conscientious objectors in Turkmenistan, after about two years of relative calm. Forum 18-News reported on 31 August that a fifth Jehovah's Witnesses conscientious objector is now about to be prosecuted. The case of Begench Shakhmuradov is following the cases of Bayram Ashirgeldiev (TKM14925), Aleksandr Zuev (TKM14928) and Nuryagdy Gairov (TKM14926), reported in a co-alert from 24 July 2007, and Suleiman Udaev, who had been sentenced 18 months' imprisonment in 7 August 2007, according to report by Forum 18-News.

Turkmen legislation does not provide for the right to refuse military service and a law on a civilian alternative does not seem probable during the next few years.

COs, mostly members of the Jehovah's Witnesses and similar religious groups, face several years' imprisonment under criminal law and often serve their sentences in labour colonies under harsh conditions. In a lot of cases, release has been denied if the prisoners refused to swear an oath of allegiance to the president on grounds of conscience.

However, in April 2005, all four known conscientious objectors in Turkmen prisons at that time were released, following a presidential decree from 16 April 2005, which named the four, though significantly the decree did not reveal that all four had been sentenced for rejecting compulsory military service on grounds of religious conscience.

Since then, Jehovah's Witness conscientious objectors enjoyed a relative calm, albeit periodically threatened with call-up for military service. The US State Department also reported two cases of detention in 2006: "Two Jehovah's Witness conscientious objectors were released from detention in December 2005 and in January. In contrast to previous years, they were not tried, although they were subjected to physical and psychological harassment and were forced to sign a confession. One Jehovah's Witness conscientious objector was detained and kept in the psychiatric ward of a military hospital in June, but he was later released with no further attempts to enlist him."

This changed with the detention of two Jehovah's Witness conscientious objectors on 14 June 2007 - and was followed by more detentions and sentences since.

In light of these developments, the formation of a new interagency state commission empowered to "implement international obligations" for the protection of human rights, established by presidential decree of Turkmen President Gurbanguly Berdymukhammedov issued on 25 August 2007, can only be seen as whitewash.

While Turkmenistan is a party to the International Covenant on Civil and Political Rights, it does not seem to have reported to the Human Rights Committee yet, and the Human Rights Committee does not seem to have discussed the human rights situation in the country in the absence of a state report.

However, if the new wave of repression again conscientious objectors in Turkmenistan continues, it will be high time to put bthis issue on the agenda.

Sources: US Department of State, Bureau of Democracy, Human Rights, and Labor: Country Reports on Human Rights Practices, Turkmenistan, 6 March 2007, Forum 18 News Service, 15 August 2007 and 31 August 2007, co-alert, 12 July 2007 and 24 July 2007

Ecuador: Military service law unconstitutional

On 27 June 2007, the Constitutional Tribunal of Ecuador decided about the constitutionality of the military service law of the country. The Tribunal decided in a majority judgement, published in the Official Gazette on 27 June 2007, that articles 88 and 108 of the military service law violate the constitution of Ecuador.

Article 88 of the law states that all male Ecuadorians who did not present themselves in order to fulfill their military obligations are considered "remisos" (draft evaders), and are subject to a range of sanctions, until they legalise their situation, most likely via the payment of a "compensation quota" to obtain military documents.

Article 108 restricted the right to conscientious objection, which is guaranteed in the Ecuadorian constitution (Art 188). While the constitution says that conscientious objectors "can be assigned to a civilian or community service", Article 108 of the military service law required conscientious objectors to apply to the director of recruitment of the Armed Forces, and - if recognised - to serve in the development units of the Ecuadorian Armed Forces.

The Tribunal critised both parts of Art 108. It sees service in the development units of the Armed Forces as incompatible with the conscientious objection, and denies that the director of recruitment can be an independent and impartial judge to decide whether someone is a conscientious objector.

Because Art 108 is unconstitutional, conscientious objectors cannot fulfill their obligations under the military service law, and therefore, according to the Tribunal, any sanction or punishment for not doing so amounts discrimination, and is therefore also unconstitutional. In practice this means conscientious objectors in Ecuador presently do not need the "libreta militar" or any other (military) document - until the law will be adjusted and brought in line with the constitution.

However, when Ecuadorian conscientious objector Xavier Leon Vega tried to board a plane in Quito on 22 August 2007, to travel to a WRI conference in Israel, he was stopped by a military officer, and asked for his "libreta militar". When León Vega told the officer that it was not necessary to present the military ID card in order to travel, the officer, who did not identify himself but was at the military desk at 3pm, stated "If it were not necessary, I wouldn't be here." León Vega said that he did not have a military identification card and the officer, after much intimidation, stated that he would "forgive him this time" but not before photocopying León Vega´s passport.

León Vega states: "It is a violation to the rights of all conscientious objectors that, regardless of having won our case of unconstitutionality here in Ecuador and having abolished the need to require this military ID for travel, work and education, that the armed forces continue to ask for it."

Presently, the case of Xavier Leon Vega is still pending at the Inter-American Court of Human Rights (see co-update August 2007).

Sources: Registro Oficial No 114, 27 de Junio del 2007, War Resisters League: Armed Forces At Quito Airport Illegaly Ask CO For Military ID In Order To Travel, 22 August 2007, LEY DE SERVICIO MILITAR OBLIGATORIO EN LAS FUERZAS ARMADAS NACIONALES, 15 September 1994

Colombia: payment for "libreta militar" unconstitutional

The "libreta militar" was also subject to a decision of the Constitutional Court in Colombia on 15 August. Here it was not about the legality of the card itself, but about the payment for the "libreta militar". Article 22 of law 48/1993 - the Colombian law on military service - requires from Colombians who do not serve in the military the payment of a "compensation quota" to the Treasury, and the government is authorised to define the value and conditions of this quota.

In its judgement on the constitutionality of this clause, the Constitutional Court declared the second part of this regulation - that the government is authorised to define the value of the quota - unconstitutional. According to the court, the quota is basically a contribution or tax, and it is up to the congress - the Colombian parliament - to set taxes, and this power cannot be delegated to the government.

This means that - until a new regulation is in place - the "libreta militar" is in principle available for free. However, the decision has little effect on Colombian conscientious objectors, who do not want to regularise their military situation, and it also does not negate the obligation to carry a "libreta militar".

On a different matter, Red Juvenil de Medellin reported on 3 September 2007 that the typical recruitment practice of "batidas" - raids in public places - continues, and reported on the attempted recruitment of a Red Juvenil activist in a batida on 27 August 2007. While the activist concerned was lucky and managed to get released from the military, other youth were less lucky. War Resisters' International is presently still dealing with two cases of forced recruitment from Colombia - the cases of Carlos Andres Giraldo Hincapie and Frank Yair Estrada Marin. Both are forced to serve in the military against their will.

Sources: Corte Constitucional: Sentencia C-621/07, Red Juvenil, 3 September 2007

Taiwan: discussion on conscription

The proposal by oppositional Taiwanese presidential candidate Ma Ying-yeou to phase out conscription in Taiwan and turn the Taiwanese military into an all-volunteer military by 2014 met with careful agreement from the Ministry of Defense of the country, and sparked a debate about conscription.

"The biggest advantage of an all-volunteer force is that the majority of male citizens of conscriptable age won't be drafted. This means they can make a contribution to society in the fields of business, industry and especially in high-tech [fields]," Ma said, unveiling his defense white paper at a press conference in Kaohsiung.

MND spokesperson Major General Yu Sy-tue said that Ma's scheme should be made more complete and concise before it is put into practice. "The existing system for recruiting flesh blood to the military uses both conscription and volunteer systems. My ministry agrees with the proposal to change the system into a full-scale mercenary, however, it has to be done under careful considerations especially on the nation's financial condition," Yu said.

However, these plans should not be mistaken for disarmament. They are linked to the promise that future military spending should be no less than 3 percent of the nation's gross domestic products.

According to the MND official, the country currently needs about 200,000 military personnel. He said that if the recruitment system is to change, the new plan will have to make sure it meets the MND's manpower needs.

"Before changing into a full-scale volunteer system, we have to make sure that there will be enough to attract young people to join the armed forces. The military will be able to draw attention from the youngsters once the salary, promotion system and welfare are attractive," he remarked.

Sources: Taiwan News, 3 September 2007, Taipei Times, 3 September 2007

Finland: finally shorter substitute service

Finish Minister of Labour Tarja Cronberg (Greens), who is responsible for the administration of civilian service, is proposing to shorten the length of civilian service from 13 months to 11 months. She also wants to introduce mandatory refresher courses for reservist civilian servicemen. In September 2007 the government is preparing to submit the legislative proposal amending the Non-Military Service Act and Decree, which will then be discussed in the Parliament.

If passed in its suggested form, the amendment will be another addition to the long list of changes in civilian service over the past few decades. Scheduled to enter into force in January 2008, the government bill proposes to shorten the time of service, to extend the option of civilian service to include times of war and military crisis, and also to change the contents and the purpose of the service. The Finnish Union of Conscientious Objectors has already expressed its disappointment with what it sees as piecemeal concessions, which do not address the ultimate issue of inequality between the military and non-military service, and the lack of real alternatives.

At the moment civilian service is only an option during peacetime, which will remain unchanged if the new government bill is passed. In peacetime, civilian servicemen spend 395 days doing various jobs that are supposed to benefit the public interest. The definition of public interest covers a great variety of jobs in government, municipalities and other state institutions. Many non-governmental organisations that work to promote general welfare also employ civilian servicemen, and some of them are actually dependent on the regular supply of servicemen as part of their workforce.

The Council of Europe was the first to point out in 2001 that the length of civilian service in Finland is in breach of the European social charter. This statement has been reconfirmed by the Council on numerous occasions. In 2004 the UN human rights committee publicly condemned the length of civilian service in Finland as discriminatory and in breach of the international covenant on economic, social and political rights. The negative limelight was further strengthened by international and domestically active NGOs, such as Amnesty International, that also campaigned against the imprisonment of total objectors.

Source: Reforming civilian service, 29 August 2007