21. The Committee reiterates its previous concern (CCPR/CO/84/TJK, para 20) about the State party’s lack of recognition of the right to conscientious objection to compulsory military service, and at the absence of alternatives to military service (art. 18).
14. While welcoming the legislative changes allowing for non-military services applications during mobilizations and serious disturbances and the fact that total objectors can be exempted from unconditional imprisonment, the Committee reiterates its concerns that the length of non-military service is almost twice the duration of the period of service for the rank and file and that the preferential treatment accorded to Jehovah’s Witnesses has not been extended to other groups of conscientious objectors (art. 18).
10. The Committee is concerned about the discrimination and alleged acts of violence against people on the basis of their gender identity and sexual orientation, and about the social stigmatization and social exclusion of LGBT persons in terms of their access to health services, education, or to their treatment in the context of the regulations concerning compulsory military service and while serving in the military. (arts. 2 and 26)
23. The Committee is concerned about the absence of an alternative civil service that would enable conscientious objectors to military service to exercise their rights in accordance with the provisions of the Covenant. The Committee is also concerned about the exemption fee that can be paid in lieu of doing military service, and the discrimination that may result therefrom (arts. 18 and 26 of the Covenant).
The State party should put in place an alternative to military service, which is accessible to all conscientious objectors and neither punitive nor discriminatory in nature, cost and/or duration. (...)
13. The Committee notes the State party’s intention to adopt a law recognizing the right of conscientious objection to military service, but continues to be concerned that this right has still not been recognized (article 18 of the Covenant).
17. 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 excluded from employment in government or public organisations and that (c) convicted conscientious objectors bear the stigma of a criminal record (art.18).