Exercise of the right of conscientious objection to military service in Council of Europe member states
Provisional edition
Recommendation 1518 (2001)[1][1]
1. The Assembly recalls its Resolution 337 (1967) and its Recommendation 816 (1977) on the right of conscientious objection and the right of conscientious objection to military service respectively, and also Recommendation No. R (87) 8 of the Committee of Ministers. It notes that the exercise of the right of conscientious objection to military service has been an on-going concern of the Council of Europe for over thirty years.
2. The right of conscientious objection is a fundamental aspect of the right to freedom of thought, conscience and religion enshrined in the Universal Declaration of Human Rights and the European Convention on Human Rights.
3. Most Council of Europe member states have introduced the right of conscientious objection into their constitutions or legislation. There are only five member states where this right is not recognised.
4. The position of conscientious objectors still differs considerably from one country to another, and differences in the law unfortunately result in varying levels of protection across Europe. The situation of conscientious objectors is therefore wholly unsatisfactory in member states which have recognised the right of conscientious objection.
5. The Assembly accordingly recommends that the Committee of Ministers invite those member states which have not yet done so to introduce into their legislation:
i. the right to be registered as a conscientious objector at any time before, during or after conscription, or performance of military service;
ii. the right for permanent members of the armed forces to apply for the granting of conscientious objector status;
iii. the right for all conscripts to receive information on conscientious objector status and the means of obtaining it;
iv. genuine alternative service of a clearly civilian nature, which should be neither deterrent nor punitive in character.
6. The Assembly also recommends that the Committee of Ministers incorporate the right of conscientious objection to military service into the European Convention on Human Rights by means of a protocol amending Articles 4.3.b and 9.
[1][1] Text adopted by the Standing Committee, acting on behalf of the Assembly, on 23 May 2001. See Doc. 8809, report of the Committee on Legal Affairs and Human Rights (Rapporteur: Mr Marty).
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Illegal activities of sects
New developments to be expected at the Council of Europe ?
HRWF (15.06.2001)/ HRWF International Secretariat (15.06.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net Recommendation 1412 (1999) on Illegal activities of sects which was on the agenda of the Ministers Deputies Meeting on 6-8 June 2001 has been postponed until 21 June.
That recommendation of the Parliamentary Assembly ? recalls its Recommendation 1178 (1992) on sects and new religious movements, in which it considered that major legislation on sects was undesirable on the grounds that such legislation might well interfere with the freedom of conscience and religion guaranteed by Article 9 of the European Convention on Human Rights as well as harm traditional religions. ?
Since 1992, a number of incidents caused the Assembly to study the phenomenon once again in 1999. One of the conclusions of the Assembly was that it was necessary ? to protect those most vulnerable, and particularly the children of members of religious, esoteric or spiritual groups, in case of ill-treatment, rape, neglect, indoctrination by brainwashing and non-enrolment at school, which makes it impossible for welfare services to exercise supervision. ?
Among the members of the Parliamentary Assembly, a Mr Nicolas About, co-drafter of the French anti-sect law adopted by the National Assembly on 30 May.
In its recommendations, the Assembly called upon the governments of member states
- where necessary, to set up or support independent national or regional information centres on groups of a religious, esoteric or spiritual nature ;
- to use the normal procedures of criminal and civil law against illegal practices carried out in the name of groups of a religious, esoteric or spiritual nature ;
- where necessary, to encourage the setting up of non-governmental organisations for the victims, or the families of victims, of religious, esoteric or spiritual groups, particularly in eastern and central European countries ;
- to encourage an approach to religious groups which will bring about understanding, tolerance, dialogue and resolution of conflicts ;
- to take firm steps against any action which is discriminatory or which marginalises religious or spiritual minority groups.
The Assembly also recommended that the Committee of Ministers set up a European Observatory on groups of a religious, esoteric or spiritual nature to make it easier for national centres to exchange information.
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HRWF (15.06.2001)/ HRWF International Secretariat (15.06.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net In the last two years, a number of motions related to religious freedom have been pending at the Parliamentary Assembly of the Council of Europe.
A first motion concerns the Russian law on religion and the risks of ban of Jehovahs Witnesses (Document 8351 revised, 13 April 1999). It was presented by Mr Atkinson (European Democratic Group, UK) and signed by 14 members of the Parliamentary Assembly from 12 different countries and 5 different political groups.
A second motion concerns the increased harassment which Jehovahs Witnesses are subjected to in several member states of the Council of Europe (Document 8649, 7 February 2000). It was initiated by Mr McNamara (Labour, UK) and signed by 10 socialist members of the Parliamentary Assembly from 5 different countries.
A third motion is about ? Religion and socio-cultural changes in Central and Eastern Europe : search for a cultural identity ? (Document 8793, 6 July 2000), presented by Mr Baciu (Socialist, Romania) and signed by 14 members of the Parliamentary Assembly from 11 different countries and 5 political groups.
In this motion, it is recommended
- - to intensify negotiations on the maintenance of freedom of religious minorities, especially in Central and Eastern Europe ;
- - to take all necessary measures for the depolitisation of conflicts based on religion ;
- - to include in school programmes information about the main religions practiced in Europe ;
- - to supply public libraries with literature on the achievements of religious culture and theological researchers on different religious traditions ;
- - to apply necessary measures to ensure equal access to mass media, education and cultural heritage of all representatives of different religions ;
- - to cooperate with Church authorities in identifying and sharing respective responsibilities, for example the maintenance of historical buildings fabric or educational provision.
These motions have not been discussed in the Assembly and at this stage commit only the members who have signed them.
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