The International Fellowship of Reconciliation has prepared two reports regarding military service and conscientious objection issues in Bolivia and in Israel and it has submitted them to the UN Human Rights Committee to be considered for the 134th session which will take place in March and will include the review of those two States.
Bolivia does not have a domestic legislative framework for conscientious objectors.
At the end of compulsory military service and voluntary military service, the "libreta militar" is issued. This document is required to enter university, to obtain a university degree, to access jobs with the public administration and private companies, to obtain a passport and to obtain a citizenship card free of charge.
In Bolivia, there is a very favourable perception of the role of the Armed Forces and, therefore, of the need for compulsory military service as the place where the development of youth in political, labour and socio-cultural aspects is initiated and completed.
Israel fails to recognise the right to conscientious objection to military service, in accordance with the international human rights standards. In practice, Israel does not recognise someone as a conscientious objector unless he/she is considered by the Special Military Committee as “clearly pacifistic”.
Worth noting that even conscientious objectors with explicit pacifistic views are not recognised and are punished in case they cite anything that can be perceived by the Special Military Committee as “ideological and political beliefs”, for example any opposition to the occupation of Palestinian territories, or the treatment of the Palestinians by Israel.
The OHCHR has explicitly stated that “States should ensure that the right to object applies both to pacifists and to selective objectors who believe that the use of force is justified in some circumstances but not in others”
IFOR recommended in its submission:
a. The special Committee deciding on conscientious objection applications should be made fully independent, including being separate by the military authorities and entirely civilian, and proceedings should provide for a right to appeal against negative decisions to independent administrative and judicial bodies.
b. Recognise in law and practice the right to conscientious objection, including selective objection, in accordance with international law and human rights standards.
c. Immediately cease the imprisonment of conscientious objectors, including repeated imprisonment in violation of the ne bis in idem principle (art. 14(7)) and of the right not to be subject to coercion which would impair one’s freedom to have or to adopt a religion or belief of his choice (art. 18(2)).
d. Prohibit in law trials of conscientious objectors by military courts.
e. Provide full reparation to conscientious objectors whose Covenant rights have been violated.
The report includes an annex about "Known cases of imprisoned conscientious objectors since 2016"; the imprisonment of conscientious objectors to military service, apart from a violation of art. 18(1) of ICCPR, also constitutes a violation of art. 9(1) of ICCPR. The Human Rights Committee has repeatedly stated in recent years “that just as detention as punishment for the legitimate exercise of the right to freedom of expression, as guaranteed by article 19 of the Covenant is arbitrary, so too is detention as punishment for legitimate exercise of freedom of religion and conscience, as guaranteed by article 18 of the Covenant.”
Here you can read the complete report prepared by IFOR on Bolivia, and Israel published on the UN website.
To learn more about the contribution of civil society to the State review process at the UN Human Rights Committee you are welcome to click here.
Israel
Amnesty International has relased a special report on February 1st where it has analysed the situation in Israel and occupied palestinian territories and it has concluded that the the system detected on the ground amounts to apartheid.
Bolivia
At the end of January a Bolivian collective organization called CASA (Colectivo de Coordinación de Acciones Socioambientales), which is part of the RAMALC Latin American network, published a video on the perception of military service in Bolivia.
Many of the issues presented in the video, are described as well in the report submitted by IFOR to the Human Rights Committee.
