IFOR has prepared and submitted to the UN two reports for the upcoming 42nd session of the Universal Periodic Review of the Republic of Korea and Switzerland. The formal session will take place at the beginning of 2023.
The Republic of Korea has a long-standing history of discrimination and violations of human rights of conscientious objectors. It has been noted as a country with an high level of inprisoned conscientious objectors.
In the recent years there has been a significative legislative development with the introduction by law of an alternative service which, unfortunately, in practice remain punitive and discriminatory. Korean conscientious objectors, indeed, serve a 36 months alternative service in prison or other correctional facilities and some are still sentenced to prison.
Other issues of concern are the lack of independence and impartiality of the body examining applications for conscientious objector status and the lack of effective remedies to victims of violations.
IFOR has include as well in its report suggested recommendation to be addressed to the Republic of Korea to respect and fully implement the human rights of conscientious objectors.
In the past cycle of the Universal Periodic Review, the Republic of Korea has received multiple recommendations by Member States and had rejected all but one about the releasing of all conscientious objectors imprisoned; this is a commitment which has not been yet completely fulfilled.
In Switzerland the domestic legislation does not fully comply with the international standards. IFOR has raised concerns related to the right to conscientious objection to military service such as the punitive duration of the alternative civilian service, the criminalisation of conscientious objectors who refuse or fail to perform the punitive and discriminatory alternative civilian service and finally the violation of the right to fair trial of conscientious objectors tried by military courts.
You can read the complete report here.
You can find out more about the previous review of Switzerland here.
The Universal Periodic Review is a State-driven process, which provides the opportunity for each State to present what actions they have taken to improve the human rights situation in their country and to fulfil their human rights obligations; the State under review will also report on the implementation of the previously accepted recommendations. UN Member States have the possibility to ask questions and make recommendations to the State under review. UPR Working Group consists of the 47 members of the Council, however any member state can take part in the discussion.
The review is based on information provided by the interested State, independent human rights experts and other stakeholders such as NGOs.
NGOs reports and proposed recommendations can be referred to by any of the States taking part in the interactive discussion during the review; it is therefore of vital importance to engage at the UPR and address specific issues which can be therefore part of the dialogue with the country under review.
IFOR focuses in particular on issues related to conscientious objection and to the militarization of society.
IFOR is currently running a particular conscientious objection project, funded by the Joseph Rowntree Charitable Trust (JRCT), a grant-making Quaker trust. Among the main aims there are research work and redaction of thematic country-based reports to be submitted to the UN for the regular State reviews on human rights.
The right to refuse to kill, although it is a human right, it is not recognized in all countries and many objectors are persecuted.
IFOR is committed to support this right and make a lasting change in society, for peace. JRCT recognizes that "change can take many years to achieve and is willing to take the long view, and to take the risks".