Box 10.8
Procedures in Selected Participating States That Recognize Alternative Service
Participating State Procedures for Applying Alternative Service
Austria
According to the Austrian Constitution, civilian service is not an alternative but a replacement for
military service. However, if a person does not want to complete his military service, he simply has to
file a declaration that he wants to perform civilian service instead. Upon his declaration, the Interior
Ministry decides in a notice of assessment that the person has to perform civilian service.
Croatia
If a request to the legally established commission meets the requirements determined by law, the
applicant may perform alternative service in an approved institution (list of apropriate institutions
regulated by an administrative act).
Estonia
An individual has to submit an application to the Defence Forces agency stating that he wants to
substitute compulsory military service with alternative service. Then the Defence Forces collect
testimony from the applicant and his friends and relatives. Inquiries are made at the applicant’s place
of work or study, as well as any religious organizations that he has specified. The Defence Forces may
summon the applicant or request additional documentation, or they may decide without taking either of
those steps whether to satisfy or deny the application.
Finland
Alternatives include civilian non-military service and unarmed military service. The Labour Ministry
is in charge of civilian non-military service, and the Defence Ministry is in charge of unarmed military
service. In case of civilian non-military service, applications are sent to the relevant military body, which
sends them to the Labour Ministry. The Labour Ministry then orders applicants to enter civilian nonmilitary service.
Georgia
Procedures provided in accordance with the Law on Alternative Non-military Service.
Germany
Persons liable for military service have to apply to the selection and induction office for recognition
as conscientious objectors. A handwritten curriculum vitae and an explanation of the motives for this
application are to be submitted. If their applications are rejected, persons liable for military service can
contest the decision of the Federal Office of Civilian Service before an administrative court.
Latvia
A candidate receiving a draft notice must submit an application to the head of the Military Service
Recruitment Centre.
Lithuania
An applicant must submit an application to a commission composed of representatives of NGOs,
religious organizations, and educational institutions.
Russian Federation The procedure for filing an application to undergo alternative civilian service is regulated by Art. 11 of
the Federal Law on Alternative Civilian Service. In accordance with this article, citizens have the right to
submit an application for substitution of conscripted military service with civilian service to the military
directorate where they are registered for military service in accordance with the following terms: before
1 April for those citizens who are eligible to be conscripted for military service between October and
December of that year; before 1 October for citizens who are eligible to be conscripted for military
service between April and June of the following year.
Serbia and
Requests are submitted to the competent regional military body.
Montenegro
Sweden
The same procedures as for compulsory military service are applicable to alternative service.
Switzerland
Applicants must undergo a test of conscience conducted by a special commission.
Ukraine
An application must be submitted to a special commission, along with documentation proving religious
convictions.
Conscientious objection for members of regular armed forces
While most OSCE participating States recognize that conscientious objection applies to
conscripts, fewer countries recognize it in the case of professional service personnel. In
their responses to the ODIHR-DCAF questionnaire, the following states replied that their
legislation does provide a legal right to conscientious objection for professional soldiers:
Belarus, Germany, Norway, Poland, the Russian Federation, Slovakia, Spain, Switzerland,
and the United States.134
However, the UN High Commissioner for Human Rights has pointed out:
The application of the right to conscientious objection to persons who voluntarily
serve in the armed forces is based on the view that an individual’s deeply held
134 ODIHR-DCAF questionnaire, question 37.
83
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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