E/CN.4/1991/56 page 34 enforce military service on a conscript who is a member of the Jehovah's Witnesses sect. A precondition for such a decision is that it can be assumed the conscript will not carry out any form of compulsory service." Switzerland "Article 18 of the Federal Constitution stipulates that every Swiss is under the obligation to perform military service. Article 49, paragraph 5, of the Federal Constitution states that religious beliefs do not exempt anyone from carrying out civic duties. Thus, there is a conflict between the fundamental right to religious freedom and the principle of compulsory military service, one which has not yet been satisfactorily resolved. However, efforts have begun with a view to reconciling these opposing principles. Hence, the Ordinance of 24 June 1981 on military service without weapons for reasons of conscience stipulates that men required to fulfill military obligations who would experience a serious conflict of conscience by the use of a weapon because of their religious or moral beliefs may perform service without weapons. Another possibility afforded to cut down the contradiction in this area is to allow the conscientious objector favourable treatment under criminal law. The Military Penal Code specifies less serious punishment for a person refusing to serve in the Swiss army if he can prove that he has acted for reasons of religious or moral belief and as a result of a serious conflict of conscience. The Federal Parliament has just adopted a law, proposed by the Federal Council, on the decriminalization of penalties for conscientious objection. As the head of the Federal Military Department pointed out on 26 September 1990, the adoption of this law can be considered as a first step towards the introduction of a community service. Under this amendment of the Military Penal Code, the current maximum term of six months' imprisonment for conscientious objectors will be de-criminalized and replaced by a measure requiring work in an enterprise in the general interest. This measure, which will last a maximum of one and a half times the entire period of military service refused but not more than two years, will not appear on the subject's police record. Conscientious objection, however, will continue to be an offence; the conscientious objector will still need to prove that he is basing himself on fundamental ethical values and that he cannot reconcile military service with the requirements of his conscience. In 1977 and 1984 respectively, two initiatives for the institution of a community service were voted on by the people and rejected by the majority of the people and by all the cantons. Two new initiatives were recently launched." Tunisia "Under current Tunisian law, there are no special provisions governing conscientious objection to compulsory military service, for lack of precedent, and it is not difficult to find the justification for this situation. Article 15 of the Tunisian Constitution, which provides that the defence of the country and the integrity of its territory is a sacred duty of every citizen, simply confirms a long-standing belief shared by all."