Conscientious objection

REPORT Nº 36/93

CASE 10.975
GUATEMALA
October 6, 1993

BACKGROUND:

1. On January 22, 1992, the Inter-American Commission on Human Rights received the following petition:

Alejandro Piché Cuca, a Guatemalan citizen, left his home in Santa María de Jesús, Department of Sacatepéquez, Guatemala, on April 27th, 1991 headed for the Catholic Church's Pastoral Training Center in Santa María de Jesús where he was taking instruction as a "catechist".

A statement from War Resisters' International

Peace can only be based on the recognition of human rights, be they individual and personal rights, economic and cultural rights, and group and gender rights. War Resisters' International not only opposes all abuse of human rights as violence, but particularly aims to support those asserting their human rights to organise themselves and to take nonviolent action against oppression and those acting in conscience who refuse to be agents of oppression or to take part in violence.

The Commission on Human Rights,

Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken under the various international human rights instruments, the Charter of the United Nations and humanitarian law,

Mindful of articles 3 and 18 of the Universal Declaration of Human Rights, which proclaim the right to life, liberty and security of person and the right to freedom of thought, conscience and religion,

AS TO THE ADMISSIBILITY OF

Application No. 17086/90

by Tomi AUTIO

against Finland

The European Commission of Human Rights sitting in private on 6 December 1991, the following members being present:

MM.C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
G. SPERDUTI
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
Mrs.G. H. THUNE
SirBasil HALL
MM.F. MARTINEZ RUIZ
C.L. ROZAKIS
Mrs.J. LIDDY
MM.L. LOUCAIDES
A.V. ALMEIDA RIBEIRO
M.P. PELLONPÄÄ
B. MARXER

Mr. H.C. KRÜGER, Secretary to the Commission

Communication No. 446/1991 : Canada.
CCPR/C/43/D/446/1991. (Jurisprudence)

Human Rights Committee, Forty-third session

Decision of the Human Rights Committee under the Optional Protocol to the International Covenant
on Civil and Political Rights -Forty-third session concerning Communication No. 446/1991

Submitted by: Dr. J.P. [name deleted]

Date of communication:21 February 1991 (initial submission)

Alleged victim: The author
State party: Canada

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A framework for female objection to military service was one of the fruits of the “Assises de l'objection”, a three-day meeting on CO issues organised by the Le Cun du Larzac community in southern France.

The Commission on Human Rights,

Reaffirming its resolution 1989/59 adopted without a vote on 8 March 1989,

Having considered the report of the Secretary-General (E/CN.4/1991/64),

1. Requests the Secretary-General to report on the question of conscientious objection to military service, taking into account the comments provided by Governments and further information received by him, to the Commission on Human Rights at its forty-ninth session;

(18) The participating States

(18.1) note that the United Nations Commission on Human Rights has recognized the right of everyone to have conscientious objections to military service;

(18.2) note recent measures taken by a number of participating States to permit exemption from compulsory military service on the basis of conscientious objections;

(18.3) note the activities of several non-governmental organisations on the question of conscientious objections to compulsory military service;

The European parliament,

- having regard to Petitions Nos. 81/85, 95/86, 260/87, 349/68, 495/88,. 510/88 and 519/88,

- having regard to the Macciocchi report (Doc. 1-546/82) on conscientious objection and to the fact that close on six years after adoption of the resolution of 7 February on conscientious objection (OJ No. C 68, 14.3.1983, p. 14) no initiative has been taken on these lines either by the governments of the Member States or by the Commission,

The Commission on Human Rights,

Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken under the various international human rights instruments, the Charter of the United Nations and humanitarian law,

Mindful of articles 3 and 18 of the Universal Declaration of Human Rights, which proclaim the right to life, liberty and security of person and the right to freedom of thought, conscience and religion,

The Commission on Human Rights,

Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken under the various international human rights instruments,

Mindful of articles 3 and 18 of the Universal Declaration of Human Rights, which proclaim the right to life, liberty and security of person and the right to freedom of thought, conscience and religion,

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By Rebecca Gumbrell McCormick