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page 165
general public, especially in the social sphere. Alternative service may also
encompass charitable activities, civil defence, work in the development or
environment field, or relief service abroad. In most countries, the length
of the alternative service is longer than the armed military service and may
amount to twice its duration.
134. In its reply to the questionnaire, the Government of Norway indicated
that persons exempted from military service on the basis of their religious
convictions must perform compulsory civilian service. The reply of the
Government of Sweden indicates that 95 per cent of persons applying for
conscientious objector status for religious reasons are granted permission
to do non-combatant service. If a person's religious convictions also bar him
from performing non-combatant service, the Government or a competent authority
may decide to exempt him entirely or for a certain period. The Enrolment Board
of the Armed Forces may not enforce military service on a conscript who is a
member of the Jehovah's Witnesses.
135. In its response, the Government of Israel stated that complete exemption
from military service was at present granted only to women who could prove
that for reasons of conscience or religious family lifestyle they were
prevented from serving in the military. In Portugal, exemption from military
service on the basis of conscientious objection may be obtained in times of
both war and peace and the type of civilian service performed is selected in
accordance with the conscript's preferences. The reply of the Government of
the United States of America stated that the United States Supreme Court
"has held that the statutory exemption from military service applies to all
persons who are opposed to war in any form on the basis of beliefs which are
the functional equivalent of a theistic religious belief".
136. Among the countries which do not permit conscientious objection to
military service, the enforcement of relevant laws is not applied with the
same severity. Exceptions are usually made with regard to persons belonging
to or training for certain religious professions, or persons whose faith does
not allow them to bear arms.
137. In its reply to the questionnaire, the Government of Chile indicated
that the State had agreed unofficially that Jehovah's Witnesses did not have
to perform military service, and that "persons training to become priests,
preachers or ministers in the various churches are exempt". The Government of
Cuba stated that persons belonging to certain religious communities who object
to bearing arms and firing weapons are employed during their military service
as drivers, stretcher bearers, cooks and the like. The Government underlined,
however, that such practice did not mean that their requests to be exempted
from military service on grounds of conscientious objection were recognized.
Although a conscript may not be exempted from military service on the basis of
his religious beliefs in Switzerland, the Government indicated that persons
"who would experience a serious conflict of conscience by the use of a weapon
because of their religious or moral beliefs may perform service without
weapons". Nevertheless, conscientious objection continues to be an offence.
The reply of the Government of Uruguay indicated that the legal provisions
concerning compulsory military training "have fallen into disuse because they
have not been applied for over 40 years", thus reducing the likelihood of
cases of conscientious objection.