A/HRC/19/60/Add.2
raised by the earlier one: it reduced the length of alternative civilian service from 24 to 12
months, equal to that of the military service; alternative civilian service could now be
requested on the basis of religious, pacifist, ethical, moral or humanitarian convictions or
other similar cases; and the necessity for applications to be accompanied by “proof of
membership of the religious or pacifist organization” was abolished. The Ministry of
Defence stated that anyone refusing to serve in the military had the option of performing an
alternative service. This option was reportedly not connected with any enquiry with regard
to the reasons for not wanting to join the military.
52.
The 2007 law also established a right for exemption of any form of service for
various categories of persons, including clergy, monks and students in theology (art. 4). In
this context, the Special Rapporteur was informed of allegations that, in certain
circumstances, authorities have been unwilling to recognize that the heads of Jehovah's
Witness communities were “clergy” in the sense of the law because, in addition to their
roles in the religious community, they hold other jobs. Although there is an increasing
tendency to recognize that Jehovah’s Witness heads are “clergy” for the purposes of the
law, a non-discrimination approach would imply having this formally recognized at the
national level.
53.
The situation is markedly more troubling in the Transnistrian region of the Republic
of Moldova, where regular military exercises are conducted and there is a general
requirement to take part in them. If individuals do not show up for such exercises when
summoned, they are punished. There is no provision for exemption from service or
alternative service in the Transnistrian region. All young men who refuse military service
are subject to criminal sanction. There are two possible penalties for refusing to serve: a
fine, or deprivation of liberty. The Jehovah’s Witness community raised several recent
cases concerning persons refusing to serve in the military in the Transnistrian region on the
grounds of conscientious objection. It also reported that men from the Transnistrian region
who undertook alternative service in the other parts of the Republic of Moldova were
forcibly conscripted into the military in the Transnistrian region or were otherwise
arbitrarily detained.
54.
The Transnistrian “authorities” told the Special Rapporteur that a compromise
offered to conscientious objectors was to serve in the army without direct involvement in
the use of weapons. The Special Rapporteur would like, however, to reiterate that everyone
has the right to have conscientious objections to military service as a legitimate exercise of
the right to freedom of thought, conscience and religion, and that conscientious objectors
should be provided with the option of an alternative service that is compatible with the
reasons for conscientious objection, of a non-combatant or civilian character, in the public
interest and not of a punitive nature. 13 When the right to conscientious objection is
recognized by law or in practice, there should neither be differentiation among
conscientious objectors on the basis of the nature of their particular beliefs nor
discrimination against conscientious objectors because they have failed to perform military
service.14
F.
Other challenges
55.
Although the 2007 Law on Religious Denominations sets out the criteria for
registering religious denominations, uncertainty seems to persist with regard to the
registration procedure. Members of religious minorities, most of whom have finally
13
14
See Commission on Human Rights resolution 1998/77.
See Human Rights Committee, general comment No. 22 (CCPR/C/21/Rev.1/Add.4).
15