E/CN.4/2006/5/Add.1 Page 66 303. By its very nature a nation's military service system has a direct bearing on national security. It is a matter of legislative discretion ve sted in the lawmakers for the creation of a national army with the maximum capabilities for national defence, taking into account a nation's geopolitical stance, internal and external security conditions, economic and social state, and national sentiment, as well as various other factors. 304. Considering the Republic of Korea's security situation, the demand for equality in military service duties, and various concomitant tumbling blocks to the adoption of the Alternative Service System, it does not seem that the ROK has reached the necessary stage of improved conditions in security and military service nor has national consensus been reached on this. Observations 305. The Special Rapporteur is grateful for the Government’s detailed response. She has also taken note of the Government’s position on conscientious objectors through the third periodic State Party Report, which it submitted to the Human Rights Committee in February 2005 (CCPR/C/KOR/2005/3). While she notes that military service may sometimes be necessary for purposes of national security she would like to draw the Government’s attention to paragraph 11 of General Comment 22 of the Human Rights Committee which provides that although the International Covenant on Civil and Political Rights “does not explic itly refer to a right to conscientious objection, the Committee believes that such a right can be derived from article 18, inasmuch as the obligation to use lethal force may seriously conflict with the freedom of conscience and the right to manifest one’s religion or belief.” Romania Urgent appeal sent on 21 October 2005 306. The Special Rapporteur had received information concerning the current draft of a new religion law that was approved by the Government at its session on 14 July 2005 and recently sent to parliament under "emergency procedures." It was believed that the parliament would adopt the new law, set to replace the 1948 communist-era religion law which had remained in force in the post-communist era, by the end of the year 2005. The draft law was at the time of the communication being reviewed by the Committee on Human Rights, Religious Denominations and Minorities of the Senate. It was also being considered by the parallel committee in the lower house, the Chamber of Deputies. 307. Concerns had been expressed that the proposed law divided religious communities into three categories with widely differing rights. It was reported that 18 faiths recognised by the Government as "religious denominations" or "cults", a category that was allegedly almost inaccessible to other faiths, were given the greatest rights. Those with fewer than about 22,000 members could register as "religious associations" with lesser rights, while those with fewer than 300 members could only function as "religious groups" which were given no legal status.