A/55/280/Add.1 Treatment of missionaries 39. The Ministry of Foreign Affairs has reported that there is no direct legislation with regard to missionaries. No measures are taken against missionaries who visit houses and apartments or who open up stands to distribute publications for which a legal permit has been obtained. However, if any complaint is made by the public against such house visits, claiming that privacy and the public order are being harmed, missionaries may be taken to the police station by the local police authorities in accordance with article 11.C of Law No. 5443 on the Administration of Provinces. Following their testimony, they are released. Only in cases where they distribute propaganda material without a legal permit may they be detained. Practice of religion during performance of military service 40. According to the Ministry of Foreign Affairs, all conscripts are free to practice their religion provided they respect military rank and discipline. Military courts have no direct competence to issue judgements on matters relating to freedom of religion and belief. Nevertheless, if a conscript refuses to execute the orders of a superior officer, on grounds of freedom of religion and belief, military criminal law provides for trial by the military tribunals. Under current law, military service is compulsory for all males. A simple declaration of conscientious objection does not constitute a crime. On the other hand, statements that slander or denigrate the Army may be prosecuted by the military tribunals. With respect to conscientious objection, non-governmental sources will be cited (see below). (b) Supplementary information provided by nongovernmental sources 41. The 1965 law on the public service (Law No. 657) provides, in article 48, that no criterion other than a person’s qualification for the position involved may be taken into consideration in recruitment for the public service. 42. The 1973 National Education Act (Law No. 1739) provides, in article 4, that anyone may enter an educational establishment, without distinction as to language, race, sex or religion. 10 43. Law No. 2908 of 1983 on associations provides, in articles 5 and 76, that it is prohibited, under penalty of detention or dissolution of the association, to create associations with a view to (1) attacking the indivisible unity of the State, the country and the Turkish nation; (2) pursuing activities based on the principle or the name of a region, a race, a social class, a religion or a sect; and (3) claiming the existence of minorities based on differences of race, religion, sect, culture and language within Turkish territory, or creating minorities, by protecting, promoting or spreading languages or cultures other than the Turkish language and culture, or declaring that one specific region, race or social class or the members of a certain religion or sect will prevail or will have priority over another. 44. The 1994 Law on the creation and operation of radio stations and broadcasting (No. 3984) provides, in article 4, that radio and television broadcasts must seek to serve the public interest, in accordance with the following principles: (a) They must not offend anyone’s feelings by reason of race, sex, social class or religious beliefs; (b) Broadcasts will not be tolerated if they incite the community to violence, to terrorism or to discriminatory acts based on ethnic identity or if they arouse hostile feelings within the community. 45. Legislation does not recognize the right of conscientious objection based on religion and belief. In this regard, the Special Rapporteur recalls resolution 1989/59 of 8 March 1989 of the Commission on Human Rights, which has been reaffirmed on several occasions, among others in resolution 2000/34 of 20 April 2000, in which the Commission recognized the right of everyone to have conscientious objections to military service as a legitimate exercise of the right to freedom of thought, conscience and religion, as laid down in article 18 of the Universal Declaration of Human Rights and article 18 of the International Covenant on Civil and Political Rights, and recommended that member States with compulsory military service should, where they have not done so already, establish alternative forms of service for conscientious objectors, which should be of a noncombatant or civilian character, in the public interest and not of a punitive nature.