E/CN.4/1992/52
page 119
These two principles and the provisions concerning military conscription
are embodied in the following articles of the Egyptian Constitution.
1.
Article 40: 'All citizens are equal before the law and in regard to
their public rights and obligations, without any discrimination among them on
grounds of sex, origin, language, religion or belief.
2.
Article 46: 'The State guarantees freedom of belief, as well as freedom
to engage in religious observance1.
3.
Article 58: 'Defence of the homeland and its territory is a sacred duty
and conscription is compulsory in accordance with the law.'
The Egyptian Penal Code
Acts which are designated as criminal offences under the terms of
article 49 of Act No. 127 of 1980, concerning national military service:
(a) Failure to report for examination or enlistment before attaining the
age of 30 or 31 years, depending on the legally defined circumstances. Under
the terms of article 49 of the above-mentioned Act, this offence is punishable
by a penalty of not less that two years' imprisonment and/or a fine of
LE 2,000-5,000.
(b) Under the terms of article 50 of the above-mentioned Act, any person
who, having an obligation to perform military service, evades it, or attempts
to evade it, in a fraudulent manner or by submitting invalid documents in such
a way as to obtain exemption, dispensation or the postponement or avoidance of
such service in an unlawful manner is liable to a penalty of three to seven
years' imprisonment.
(c) Under the terms of article
who inflicts upon himself, or causes
injury or infirmity that renders him
service is liable to a penalty of up
51 of the above-mentioned Act, any person
others to inflict upon him, a wound,
permanently medically unfit for military
to seven years' imprisonment.
(d) Under the terms of article 52 of the above-mentioned Act, any person
who, without a valid excuse, fails to respond to a call-up for service in the
reserve is liable to a penalty of not less than one year's imprisonment and/or
a fine of not less than LE 200.
From the above, it is evident that Egyptian law prescribes penalties for
offences relating to compulsory military service, regardless of whether the
motives of the offenders are attributable to religious reasons and regardless
of their religious faith or belief, in accordance with the legal principle
embodied in article 40 of the Constitution, to which reference has already
been made."
Guinea
"Guiñean law does not provide for compulsory military service and there
is therefore no legal or regulatory provision on conscientious objection.
However, it should be noted that under article 20 of the Fundamental Law every
citizen has 'a sacred duty to defend his country1."