While recognition of conscientious objection in national law is a huge step towards ending violations of the rights of those who refuse to fight, human rights based processes need to be in place to ensure that the right can be exercised in practice. On this basis the Human Rights Council mandated a report from the Office of the High Commissioner on Human Rights, delivered in June 2019, that examines barriers to the right to conscientious objection and provides a checklist of  recommendations for States when implementing policy. This document is QUNO's contribution to the report.

QUNO has submitted an Amicus Curiae opinion on conscientious objection to military service to the Constitutional Court of Korea jointly with Amnesty International, the International Commission of Jurists, the International Fellowship of Reconciliation, and War Resisters’ International. This opinion is submitted in relation to the cases bought by six conscientious objectors against the government of the Republic of Korea on the basis of the violation of their right to conscientious objection to military service. The opinion outlines to the Constitution Court the position of conscientious objectors in international law, focusing on recent developments in the UN Human Rights Committee. It is believed that over 10,000 Jehovah’s Witnesses have been imprisoned as a result of their conscientious objection to military service since the year 2000, which gives an indication of the severity of the problem.

Conscientious objectors to military service face a number of serious and negative implications for their refusal to perform military service, when the right of conscientious objection is not recognised in their country. These implications can include prosecution and imprisonment, sometimes repeatedly, as well as fines. However, there are a number of other less-well known, but serious implications, which make it difficult for conscientious objectors to secure employment, pursue an education, move freely, exercise their right to vote and otherwise participate fully in public and political life.
 

In this statement, delivered to the 25th session of the UN Human Rights Council, Friends World Committee for Consultation (Quakers) highlights the serious and negative implications for conscientious objectors, when the right of conscientious objection is not fully recognised and implemented in practice, and makes recommendations to address the situation and ensure that they can enjoy fully their civil, cultural, economic, political and social rights.

To view a video recording of the oral statement by QUNO's Emily Graham, click here. QUNO's statement begins at 01:46:50 and can be accessed by selecting the Chapter 47 link in the index listed on the right of the website.

See also:

Conscientious Objection to Military Service, written statement submitted by FWCC to the 25th session of the Human Rights Council

Geneva's newsletter from July to October 2013. Features stories:

• Children of parents sentenced to death or executed
• New framework for trade and investment in agriculture
• Conscientious objection to military service
• New energy on nuclear disarmament
• Highlights from QUNO New York

A user-friendly Guide to using Human Rights System for Conscientious Objectors. Together with the Centre for Civil and Political Rights, War Resisters International and Conscience and Peace Tax International, QUNO has made this guide available on-line and on paper. The Guide, in its own words, “is mainly intended as a web publication […], which allows users a quick overview of relevant human rights mechanisms applicable to their situation. While it can be read as a book, its main use is as an interactive guide. It is aimed at conscientious objectors to military service anywhere in the world who struggle for the recognition of their right to conscientious objection, or against discrimination for being a conscientious objector, and who want to use international or regional human rights systems in their struggle. It can also be used by local or national organizations of conscientious objectors to military service, or by human rights NGOs supporting conscientious objectors to help them to access international or regional human rights systems.”

See also: OHCHR Guide on Conscientious Objection to Military Service.

Geneva's newsletter from May to August 2012. Featured stories:

• Water, conflict and cooperation
• Conscientious objection to military service
• Highlights from QUNO New York
• News in brief
• Children of parents sentenced to death: New work at QUNO Geneva

QUNO was involved in the preparation of this Guide, which was published by the United Nations Office of the High Commissioner for Human Rights (OHCHR). The Guide brings together international standards, jurisprudence and national practice relating to conscientious objection. It is aimed at State officials responsible for drafting and implementing laws, individuals who may be unsure of their rights should they be called to perform military service, and civil society actors seeking to defend the rights of conscientious objectors. It includes a section on the protection of conscientious objectors under international refugee law.

See also A Conscientious Objector's Guide to the International Human Rights System.

Conscientious objection to military service is now clearly protected as a human right under international law, even if the term "conscientious objection" does not appear in the international human rights treaties per se.

This paper presents the analysis and findings of the UN Human Rights Committee, the European Court of Human Rights as well as procedures of the Human Rights Council (Working Group on Arbitrary Detention and Special Rapporteur on Freedom of Religion and Belief) that show how conscientious objection to military service is protected under international human rights law, particularly under the right to freedom of thought, conscience and religion.