CO UPDATE

Editorial

South Korea has been a constant in our co-update newsletter, and finally - after years - we have some good news to report: South Korea plans to legalise the right to conscientious objection (see leading article). However, it remains to be seen if this really materialises, with a possible change of government following elections in December.

A lot of the reports in this issue of co-update relate in one way or other to the UN Human Rights Committee, which is an important body regarding international standards governing the right to conscientious objection. It played an important role in the case of South Korea, and just released a new comment on repeated imprisonment of conscientious objectors.

War Resisters' International submitted a report to the Committee, highlighting violations of international standards in the British regulations governing the right to conscientious objection (see article).

This issue also includes some information taken out of a report of the US Government Accountability Office on conscientious objectors.

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). In preparation for Prisoners for Peace Day, War Resisters' International published the list of all known declared Turkish conscientious objectors, with their declaration, if it was available.

Watch this space for more updates.

More information will also be available on the WRI website.

CO-Update

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South Korea to legalise conscientious objection

An important step for the South Korean conscientious objection movement

With the announcement of the South Korean Ministry of Defence on 18 September 2007 that it is to allow conscientious objectors to do substitute services in a turnaround from its previous stance four months ago, the South Korean conscientious objection movement achieved an important victory.

While conscientious objection itself has a long history in South Korea, going back to 1939, for a long time it had been completely hidden from the public. Until 2001, almost nobody had been aware that more than 10,000 Jehovah's Witness conscientious objectors had spent time in prison for their refusal to perform military service, and even that the Constitutional Court for the first time denied that there is a right to conscientious objection in 1969.

With the emergence of the first non-Jehovah's Witness objectors in 2002, and the formation of Korea Solidarity for Conscientious Objection (KSCO), things began to change slowly. The movement focused on raising public awareness about the issue - and especially about the large number of imprisoned conscientious objectors, often around 1,000 - and a legal strategy, involving domestic and international channels.

On the domestic level, the legal strategy first seemed to fail, after some initial success, which cut down the time of imprisonment from 3 years to 18 months. In 2004, first the Supreme Court and shortly afterwards the Constitutional Court ruled against the right to conscientious objection (see co-update No 1, September 2004). In response to this defeat, two cases of conscientious objectors were taken as individual complaints to the UN Human Rights Committee.

However, on 15 December 2005, the National Human Rights Commission of Korea released its recommendation on human rights issues to the Korean government, also recommending the recognition of the right to conscientious objection. Back then, the Ministry of Defence responded: "The ministry cannot accept the decision even if the commission finally decides to acknowledge conscientious objection."

"The ministry might be able to consider approval when tension between North and South Korea eases and if military human resources are plentiful, and the general public agrees to the idea" (see co-update No 17, February 2006).

In November 2006, the UN Human Rights Committee examined South Korea's periodical report under the International Covenant on Civil and Political Rights (ICCPR). It concluded: "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)" (CCPR/C/KOR/CO/3, 28 November 2006).

In a landmark decision, the Human Rights Committee also decided on the two individual complaints from South Korea. The Committee concluded "that the facts as found by the Committee reveal, in respect of each author violations by the Republic of Korea of article 18, paragraph 1, of the Covenant" (CCPR/C/88/D/1321-1322/2004, 23 January 2007).

The recent announcement of the Ministry of Defence caused a debate in the country. The Defence Ministry plans to hold public hearings and opinion polls before revising laws governing military service for conscientious objectors by the end of next year. The revision is subject to legislative approval.

The move — expected to take effect as early as January 2009 if approved — "is not to recognize the right to refuse the military duty but, to permit an alternative service as part of social service on the premise of public consensus," the ministry said, according to a report by Associated Press.

However, the opposition party announced that it would boycott the move. This leaves the prospects for the new policy in doubt, with President Roh Moo-hyun's term set to expire in February. The related legislation may not even be pursued as planned next year if the conservative Grand National Party (GNP)'s candidate, Lee Myung-bak, wins December's presidential election as strongly suggested by current polls, reports Yonhap News agency.

However, according to government surveys, the recognition of the right to conscientious objection now has majority public support. Those who support the move stood at 23.3 percent in 2005 but the figure jumped to 39.9 percent last year. Right after the announcement on July 10 to introduce the social service system, the support rate surged to 50.2 percent, according to a report by The Hankyoreh on 19 September 2007.

Under the government plan, conscientious objectors would be assigned to do the most intensive jobs at social service workplaces. The Sorok Island Hansen's disease facilities, a tuberculosis hospital in South Gyeongsang Province, and around 200 special medical centers are among the candidate workplaces. Currently, there are 19,500 patients are being treated [at these hospitals], and the government is planning to assign a total of 750 such conscientious objectors to care for patients around the clock. Their service term will likely be 36 months, twice as long as those fulfilling their ordinary military service term.

Unlike ordinary social service providers, conscientious objectors will not have to do the one week of basic military training. And after their service term ends, they will also have to do social service during the same time others spend doing reserve force training.

In addition, conscientious objectors will need to be thoroughly screened to be eligible for the substitute services. Their character and any criminal record will also be under consideration regarding whether they can enter the program.

On the same day the Ministry of Defence announced its plan to legalise conscientious objection, the South Korean Cabinet approved a proposal by the Defence Ministry to reduce the compulsory service term for ordinary conscripts by six months by 2014. Under the current law, all physically fit South Korean men ages 18 to 30 must serve at least two years in the military.

Sources: Young-il Hong: Jehovah's Witnesses and conscientious objection in Korea, The Broken Rifle No 59, November 2003; Associated Press:  S.Korea may allow alternative service, 18 September 2007, Yonhap News Agency, News Summary 19 September 2007, The Hankyoreh, 19 September 2007

Human Rights Committee takes stand against repeated imprisonment of conscientious objectors

On 23 August 2007, the Human Rights Committee released a new General Comment on article 14 (Right to equality before courts and tribunals and to a fair trial) of the International Covenant on Civil and Political Rights (ICCPR). While this General Comment goes into great detail about almost every aspect of a trial - which is of no interest here - it also deals with the issue of repeated imprisonment of conscientious objectors. The relevant paragraphs are:

IX. Ne bis in idem

54. Article 14, paragraph 7 of the Covenant, providing that no one shall be liable to be tried or punished again for an offence of which they have already been finally convicted or acquitted in accordance with the law and penal procedure of each country, embodies the principle of ne bis in idem. This provision prohibits bringing a person, once convicted or acquitted of a certain offence, either before the same court again or before another tribunal again for the same offence; thus, for instance, someone acquitted by a civilian court cannot be tried again for the same offence by a military or special tribunal. Article 14, paragraph 7 does not prohibit retrial of a person convicted in absentia who requests it, but applies to the second conviction.

55. Repeated punishment of conscientious objectors for not having obeyed a renewed order to serve in the military may amount to punishment for the same crime if such subsequent refusal is based on the same constant resolve grounded in reasons of conscience.

Sources: General Comment No. 32, CCPR/C/GC/32, 23 August 2007

War Resisters' International raises concerns about British regulations on conscientious objection

Using the UK Freedom of Information Act, War Resisters' International finally obtained the regulations governing the right to conscientious objection for the three branches of the British Armed Forces, in time to examine them for a counter-report to the United Nations Human Rights Committee, which will examine the United Kingdoms human rights record in its sessions in October 2007 and July 2008.

The regulations governing this right have so far not been publicly available, although War Resisters' International did make a leaked copy of the regulations for the army available on its website since 2003. Andreas Speck, conscientious objection worker at War Resisters' International, comments: "The non-availability of regulations governing a fundamental human right, enshrined in Article 18 International Covenant on Civil and Political Rights (ICCPR), prevents members of the Armed Forces effectively from exercising their right. It is therefore not a surprise that - according to the information obtained from the MoD - only six members of the Armed Forces applied for conscientious objection since 2000".

In its report to the Human Rights Committee, War Resisters' International raises five major concerns:

• The regulations governing the right to conscientious objection are not in the public domain, and information is difficult to obtain by members of the public, and also by members of the Armed Forces.
• Decision making on an application for conscientious objection in the first instance is by the respective branch of the Armed Forces itself, and not by an independent body. Only the appeal body – the Advisory Committee on Conscientious Objectors – is an independent body.
• It is disturbing that the Royal Air Force does not allow applications for discharge on grounds of conscience while disciplinary action is ongoing, or the conscientious objector is absent without leave or a deserter.
• Members of the Armed Forces “are not to take any active part in the affairs of any political organisation, party or movement. They are not to participate in political marches or demonstrations”. This is a serious infringement of the right to freedom of association and to freedom of peaceful assembly, as enshrined in Article 21 and 22 ICCPR.
• Members of the Armed Forces are prohibited from standing in parliamentary elections, and need to seek approval from the Ministry of Defence to stand in local authority elections. This is a serious infringement of Article 25 paragraph (b) of the ICCPR.

Andreas Speck comments: "While Britain is certainly not the worst offender in terms of the human right to conscientious objection, it is also equally certain that the British regulations do not meet international standards, as defined by the Human Rights Committee. The semi-secret status of the three different regulations, and the inconsistences between the regulations for the different services don't make things easier for soldiers who develop a conscientious objection. It is high time that Britain brings its regulations in line with international standards".

Source: wri-info, 20 September 2007; War Resisters' International: United Kingdom of Great Britain and Northern Ireland: Human Rights and the Armed Forces, September 2007

United States: More information on conscientious objector numbers

A new report by the US Government Accountability Office gives more details about conscientious objectors in the USA. According to the report, which covers the period 2002-2006, of the 425 applications the different branches of the US military reported processing during 2002 through 2006, 224 (53 percent) were approved; 188 (44 percent) were denied; and 13 (3 percent) were pending, withdrawn, closed, or no information was provided.

	2002	2003	2004	2005	2006	Total
Army	25	47	53	33	23	181
Army Reserve	2	8	14	9	3	36
Army National Guard	1	7	11	7	0	26
Navy	8	2	3	9	9	31
Navy Reserve	0	0	0	0	0	0
Air Force	2	15	10	12	6	45
Air Force Reserve	1	2	1	0	0	4
Air National Guard	1	1	0	1	2	5
Marine Corps	8	8	11	6	10	43
Marine Corps Reserve	7	21	14	5	3	50
Coast Guard	1	1	1	0	0	3
Coast Guard Reserve	0	1	0	0	0	1
Total	56	113	118	82	56	425

In calendar years 2002 through 2006, 81 percent of the applicants were enlisted males. In addition, the majority of male applicants were between the ages of 21 and 25. The occupational area for the majority of the applicants was general infantry (which includes weapons specialists and special forces, among others), and most of the applicants also had between 1 to 4 years of service.

Our review of component-provided data found that servicemembers who applied for conscientious objector status worked in a variety of occupational areas. The top five occupational areas for the 377 enlisted servicemembers for calendar years 2002 through 2006 were

• general infantry, which includes weapons specialists, ground reconnaissance specialists, special forces, and military training nstructors, with 42 applicants;
• other functional support, which includes supply accounting and procurement, transportation, flight operations, and related areas, with 16 applicants;
• medical care and treatment, which includes surgical and therapy specialists, with 16 applicants;
• security, which includes specialists who guard weapon systems, defend installations, and protect personnel, equipment, and facilities, with 14 applicants; and
• combat engineering, which includes specialists in hasty and temporary construction of airfields, roads and bridges, and in demolition, field illumination, and chemical warfare, with 14 applicants.

Source: United States Government Accountability Office, GAO-07-1196, September 2007

Botswana to recruit women into the military

The Botswana Defence Force (BDF) will recruit its first batch of women soldiers today. Since its inception in 1977, the BDF has only been enlisting men as soldiers. But after the military was opened to women at cadet level, 1,238 applications were received for 30 positions. Out of these, 856 are university graduates.

The officer cadets will be taught basic military skills, drill and groom before they leave for their 12 months training at the Tanzania Military Academy in Monduli. BDF spokesman, Lieutenant Mogorosi Baatweng said the officer cadets would leave for Tanzania in the first week of September.

The enlistment of female soldiers is seen as a welcome development.

Former MP, Shirley Segokgo commended the move as a step in the right direction. She said they had long felt that women should not be excluded from the army. She said the recruitment of women to the BDF creates job opportunities.

University of Botswana (UB) academic, Log Raditlhokwa said the recruitment of female soldiers is a positive step. "It is about gender equality. Women and men should be allowed equality in employment," he said.

He said the recruitment of women into the army is long overdue as other countries in the region have always had female soldiers.

He urged gender activists to lobby for the recruitment of more women into the army. Raditlhokwa stressed that another crucial issue to look at is how women soldiers would be treated. He appealed to male soldiers to be sensitive to the needs of their female colleagues. "What is important is that a conducive environment should be created for women to perform and advance in their military career."

He said sexual harassment and negative behaviour should not be condoned in the army.

Raditlhokwa said Botswana could learn from other countries that have been recruiting women soldiers for a long time.

Source: Mmegi/The Reporter (Gaborone), 17 September 2007