E/CN.4/1991/56
page 33
In Section 2 of the same Act, it is laid down that a non-combatant
conscript "shall perform service in activities which are important for society
in times of military preparedness and war. This service shall take place in a
government or local government authority or in an association or institution".
According to the Act on Non-combatant Service, the non-combatant
conscript is liable to do basic training and refresher training and the total
training period shall be no less than 395 and no more than 420 days.
Applications for permission to carry out non-combatant service are
examined by the Military Service Review Board. The applicant is called to an
interview with an investigating official. The purpose of this interview is to
clarify whether the applicant's views on the use of weapons against another
person tally with the intentions of the Act on Non-combatant Service. The
applicant is then given the opportunity of expressing an opinion on the
written report and correcting any possible misunderstandings. The official
carrying out the investigation then adds a comment in which he/she recommends
the approval or rejection of the application. After this, it is the
responsibility of the Military Service Review Board to take a decision on the
matter. The decision of the Military Service Review Board is taken by a
delegation consisting of a chairman and lay members. Appeals are lodged with
the National-Service Board of Appeal for the Total Defence, which also
includes lay members.
In 1988, 3,437 persons applied for non-combatant service; 79.8 per cent
were granted non-combatant service while 20.2 per cent could not be granted
such service, among other things because their views showed that they did not
have such an unconditional repudiation of the use of weapons against another
person as is required for approval according to the Act on Non-combatant
Service. About 95 per cent of applicants applying for religious reasons are
granted permission to do non-combatant service.
Four hundred and fifty-eight cases of conscientious objection were
reported to the Enrolment Board of the Armed Forces in 1988. More than half
of these conscripts had not applied for non-combatant service. It is the
customary practice to impose a conditional sentence and fines on a person
refusing military service for the first time. In the case of repeated
refusal, a prison sentence, as a rule for a term of four months, is generally
imposed. However, the rules on conditional release mean that the person in
question only needs to serve half the prison term. According to practice, the
Government usually prescribes, by virtue of Section 46, sub-section 1 of the
Act on Compulsory Military Service, that a conscript who has received such a
sentence shall not be called up for military service until further notice.
By virtue of Section 46 sub-section 2 of the Act on Compulsory Military
Service, the Government, or an authority designated by the Government, may
decide that a person liable for military service shall ,not be ordered to carry
out service in accordance with the aforementioned Act until further notice or
during a certain period, if that person declares that he will not carry out
his military service and, on account of his membership of a religious sect, it
can be assumed that he will not carry out his military service or noncombatant service. Citing this provision the Government has prescribed in
Section 69 of the Decree concerning conscripts' military service, etc.
(1969:380) that the Enrolment Board of the Armed Forces shall decide not to