Communications report, South Korea

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85. The national legislation reportedly does not guarantee the right to conscientious objection on grounds of religious belief.

86. In its reply, the Republic of Korea emphasized the importance it attaches to freedom of religion and belief, while recalling its sovereign right and responsibility for the defence of the territory and the maintenance of public order in conformity, according to its representatives, with the provisions of article 29 of the Universal Declaration of Human Rights providing for limitations for purposes of public order and the general welfare. The unique security situation of the Korean peninsula made the maintenance of a system of compulsory and universal conscription inevitable. The introduction of an alternative form of service would be difficult because public opinion was sensitive to equity in the performance of military service.

87. The Special Rapporteur, while understanding the concerns of the Republic of Korea, wishes to recall that the United Nations Commission on Human Rights, in several resolutions, such as resolution 1998/77, recognized the right of everyone to have conscientious objections to military service as a legitimate exercise of the right to freedom of thought, conscience and religion as laid down in article 18 of the International Covenant on Civil and Political Rights and General Comment No. 22 (48) of the Human Rights Committee. It also reminded States with a system of compulsory military service, where such a provision has not already been made, of its recommendation that they provide for conscientious objectors various forms of alternative service which are compatible with the reasons for conscientious objection, of non‑combatant or civilian character, in the public interest and of not punitive nature. Moreover, it should be pointed out pursuant to article 4 of the International Covenant on Civil and Political Rights, freedom of belief cannot be subject to limitations, on the understanding that it is distinct from freedom to manifest a belief, which can be subject to limitations as provided for by international law.

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Source: http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/80f0e46fc1648260802568ba0…