E/CN.4/2000/65
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the provisions of article 29 of the Universal Declaration of Human Rights providing for
limitations for purposes of public order and the general welfare. The unique security situation of
the Korean peninsula made the maintenance of a system of compulsory and universal
conscription inevitable. The introduction of an alternative form of service would be difficult
because public opinion was sensitive to equity in the performance of military service.
87.
The Special Rapporteur, while understanding the concerns of the Republic of Korea,
wishes to recall that the United Nations Commission on Human Rights, in several resolutions,
such as resolution 1998/77, 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 International Covenant on Civil and Political Rights and
General Comment No. 22 (48) of the Human Rights Committee. It also reminded States with a
system of compulsory military service, where such a provision has not already been made, of its
recommendation that they provide for conscientious objectors various forms of alternative
service which are compatible with the reasons for conscientious objection, of non-combatant or
civilian character, in the public interest and of not punitive nature. Moreover, it should be
pointed out pursuant to article 4 of the International Covenant on Civil and Political Rights,
freedom of belief cannot be subject to limitations, on the understanding that it is distinct from
freedom to manifest a belief, which can be subject to limitations as provided for by international
law.
Lao People’s Democratic Republic
88.
In February and March 1999, 25 Evangelists were reportedly arrested for practising their
religion and, in particular, for their alleged proselytizing activities. The police reportedly made
their release conditional on the signature of a statement that they would give up their Christian
faith.
Republic of Moldova
89.
The legislation reportedly makes no provision for alternative service for conscientious
objectors, who can allegedly be imprisoned. The authorities apparently refuse to register the
Jehovah’s Witnesses as a recognized religion, mainly because they object to military service.
The Baptist Church, which has allegedly met with a similar refusal, is said to be forbidden to
distribute its literature and to organize public meetings. The legislation apparently prohibits
forced proselytism, but is said to contain vague definitions. Reportedly, the local authorities,
under pressure from the Orthodox Church, have refused to allow the Seventh Day Adventists to
rent public buildings for religious activities.
90.
The reply states that the Constitution guarantees freedom of conscience and worship
according to the law. It also states that a law on alternative service was adopted in July 1991.
The Jehovah’s Witnesses and the Union of Baptist Churches were registered on 27 July 1994 and
2 May 1995, respectively.