A/HRC/19/60/Add.1
They could also be asked to perform alternative service useful to the public interest, which
may be aimed at social improvement or at the development or promotion of international
peace and understanding. The decision concerning their status should, when possible, be
made by an impartial tribunal set up for that purpose or a by a regular civilian court, with
the application of all the legal safeguards provided for in international human rights
instruments. There should always be a right to appeal to an independent, civilian judicial
body. The decision-making body should be entirely separate from the military authorities,
and the conscientious objector should be granted a hearing, be entitled to legal
representation and be able to call relevant witnesses. With regard to strict time limits for
applying for conscientious objector status, the Special Rapporteur recalls that conscientious
objection may develop over time, sometimes even after a person has already participated in
military training or activities; strict deadlines should therefore be avoided.19 The Special
Rapporteur appreciates the clarification made by the Government that the new alternative
service will have no punitive purpose or effect.
VI. Conclusions and recommendations
57.
Under international human rights law, the State is obliged to guarantee human
rights in a comprehensive manner. There is now a general agreement that State
obligations include the three levels of (a) respecting human rights within the policies
and institutions of the State itself; (b) protecting rights from possible infringement by
third parties; and (c) promoting the actual enjoyment of human rights by contributing
to a sustainable culture of human rights in society at large.
58.
Concerning the first obligation of the State, namely, to respect the human right
to freedom of religion or belief, Paraguay is certainly a positive example. The
Government shows a clear commitment to human rights, including in questions of
freedom of religion or belief, a human right enshrined in the Constitution and further
strengthened by the ratification of relevant international human rights treaties. Even
though some aspects of the tradition of State religion appear to have survived in
certain institutional settings, including the police, military and public schools,
Paraguay officially sees itself as a secular State aspiring to implement freedom of
religion or belief in an inclusive and non-discriminatory manner. To date, Paraguay
has respected conscientious objection to military service, and it is to be hoped that this
practice will continue under Law No. 4.013.
59.
At the same time, there is room for improvement. The Special Rapporteur
recommends that the Government consider revising the registration and annual reregistration requirements for non-Catholic religious or philosophical groups, which in
the opinion of members of those groups have become increasingly burdensome and
unnecessarily bureaucratic.
60.
More important deficiencies relate to the second obligation of the State, namely,
to efficiently protect human rights in society at large, given the general situation of
weak implementation mechanisms compounded by pronounced inequalities in power
in society. The most obvious example is the lack of an efficient State presence in areas
such as the Chaco region, where many indigenous peoples live.
61.
Even though the question concerning the extent to which indigenous peoples
still suffer from the undue imposition of religious doctrines against their will remains
controversial, there can be no doubt that their structural vulnerability should trigger
19
See E/CN.4/2006/5/Add.1, para. 138.
17