Conscientious objection to military service. (Resolution 1987/46)

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,

Bearing in mind that the International Covenant on Civil and Political Rights recognizes that everyone has the right to freedom of thought, conscience and religion,

Bearing in mind also General Assembly resolutions 34/151 of 17 December 1979, which designated 1985 as International Youth Year: Participation, Development, Peace, and 2037 (XX) of 7 December 1965, which states that young people shall be brought up with an understanding, and in the spirit, of peace, justice and respect for all persons, and 2447 (XXIII) of 19 December 1968,

Recalling its resolution 40 (XXXVII) of 12 March 1981, in which it pointed to the need for a better understanding of the circumstances under which military service might be objected to on the grounds of conscience,

Noting the important role of youth in the promotion of international peace and co-operation as well as of human rights and fundamental freedoms,

Recalling General Assembly resolution 33/165 of 20 December 1978, in which the Assembly recognized the right of all persons to refuse service in military or police forces used to enforce apartheid and called upon Member States to grant asylum or safe transit to another State, in the spirit of the Declaration on Territorial Asylum, to persons compelled to leave their country of nationality solely because of a conscientious objection to assisting in the enforcement of apartheid through service in military or police forces,

Expressing its conviction that consistent and sincere efforts on the part of all States aimed at the definitive removal of the threat of war, the preservation of international peace, the realization of the right to self-determination and the development of international co-operation in accordance with the Charter of the United Nations would ultimately result in the creation of conditions under which military service would become unnecessary,

Taking into consideration its resolution 1984/33 of 12 March 1984 and Economic and Social Council resolution 1984/27 of 24 May 1984, by which it was decided to give the widest possible distribution to the report prepared by Mr. Eide and Mr. Mubanga-Chipoya (E/CN.4/Sub.2/1983/30), with a view to receiving comments from Governments, relevant United Nations bodies and specialized agencies, other intergovernmental organizations and non-governmental organizations,

Taking note of the comprehensive report submitted by Mr. Eide and Mr. Mubanqa-Chipoya on the question of conscientious objection to military service containing conclusions and recommendations,

Taking note also of the replies of Governments and international organizations to the Secretary-General’s request for comments and observations (E/CN.4/1985/25 and Add.1-4),

Having carefully considered the Sub-Commission’s report on the question of conscientious objection to military service (E/CN.4/Sub.2/1983/30), which reflects the relevant international norms and standards embodied in various human rights instruments and describes State practice concerning voluntary or compulsory performance of military service,

Recognizing that conscientious objection to military service derives from principles and reasons of conscience, including profound convictions, arising from religious, ethical, moral or similar motives,

1. Appeals to States to recognize that conscientious objection to military service should be considered a legitimate exercise of the right to freedom of thought, conscience and religion recognized by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights;

2. Invites States to take measures aimed at exemption from military service on the basis of a genuinely held conscientious objection to armed service;

3. Recommends to States with a system of compulsory military service, where such provision has not already been made, that they consider introducing various forms of alternative service for conscientious objectors which are compatible with the reasons for conscientious objection, bearing in mind the experience of some States in this respect, and that they refrain from subjecting such persons to imprisonment;

4. Recommends to Member States, if they have not already done so, that they establish within the framework of their national legal system impartial decision-making procedures to determine whether a conscientious objection is valid in any specific case;

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

6. Decides to consider this matter further at its forty-fifth session under the agenda item “The role of youth in the promotion and protection of human rights, including the question of conscientious objection to military service”.

54th meeting
10 March 1987
[Adopted by a roll-call vote of 26 to 2, with
14 abstentions. See chap. XV.]