Article of the Optional Protocol: 3 1. The author of the communication (initial letter dated 29 March 1989) is H. A. E. d. J., a Dutch citizen born on 10 April 1957, residing in Utrecht, the Netherlands. He claims to be a victim of a violation by the Government of the Netherlands of article 26 of the International Covenant on Civil and Political Rights. He is represented by counsel. 2.1 On 20 August 1984, the author filed an application for a supplementary allowance under the Dutch General Assistance Act of 13 June 1963. At that time, he was performing civilian service as a recognized conscientious objector to military service and received pocket-money and a number of unspecified benefits. This income was allegedly ten percent below the minimum subsistence level applicable nationwide to persons aged 27 who maintain their own household. The executive body established under the General Assistance Act and the appeals board refused to grant the author supplementary benefits under the Act, arguing that the regulations applicable to conscientious objectors provided adequate means of subsistence to individuals in the author's situation. 2.2 In the course of the proceedings, the author challenged the different treatment provided for by Dutch laws and regulations which fix different minimum figures for necessary subsistence costs. Many conscientious objectors are said to live in poor conditions, at about 10% below the minimum subsistence level (in 1984), as formulated in the National Assistance Standardization Act of 3 July 1974. Those conscientious objectors aged 23 and above who, while carrying out their civilian service, seek to maintain their own household, are said to be most seriously affected. Thus, the amount of assistance for an individual aged 23 or over, at the time of the author's request for assistance, was Dutch Guilders 1012.85 per month. The sum the author was entitled to as a conscientious objector was Dutch Guilders 901.76 per month. 2.3 The author submits that he should have received supplementary assistance so as to obtain an income equal to the minimum level referred to in the General Assistance Act, read in conjunction with the National Assistance Standardization Act. With reference to article 26 of the Covenant the author argues that the mere fact that a person performs alternative national service can be no reason for discriminating against him. If the authorities set standard minimum figures, they may not, without well-founded reasons, apply lower minima to certain groups. 3. By its decision of 8 July 1988 the Working Group requested the author, under rule 91 of the rules of procedure, to forward to the Committee a COPY Of the relevant documents and to clarify whether he claimed that persons performing civilian service enjoy less benefits than those performing military service. 4. On 15 September 1988, author's counsel submitted the desired documents, and argued "that a conscientious objector fulfilling alternative military service who is aged 23 or over and maintains an independent household, is discriminated against in comparison to other civilians who maintain an independent household. In this case, there is no issue of discrimination between conscientious objectors on the one hand and conscripts on the other hand. Usually conscripts do not keep an independent household, although under certain circumstances a conscript aged 23 or over might be in the same position as a conscientious objector." 5. By its decision of 10 November 1988, the Working Group transmitted the communication under rule 91 of the rules of procedure to the State party, requesting information and observations relevant to the question of the admissibility of the communication. 6.1 In its submission dated 6 February 1988 the State party notes preliminarily that "the issue of nondiscrimination provisions in international law and the Dutch social security system will be discussed in Parliament shortly. In these circumstances, the Government will not address this aspect to the scope of article 26 in the present memorandum, and it reserves the right to turn to this issue, if necessary, in the event that the merits of the complaint in question come under review. In view of the above, there is no impediment to the Dutch Government's responding to the other aspects of the applicant's complaint as it does below with respect to the issue of admissibility." 6.2 The State party further submits that "the legal basis for compulsory military service is provided by article 98 of the Constitution and the National Service Act of 4 February 1922 (published in the Bulletin of Acts, Orders and Decrees, 1922, 24). Military service is compulsory. Article 99 of the Constitution lays down that the conditions subject to which those who have serious conscientious objections may be exempted from military service shall be laid down in the Military Service (Conscientious Objection) Act of 27 September 1962 (Bulletin of Acts, Orders and Decrees 1962, 370). Broadly speaking, the provisions of the Military Service Act are as follows. Any person who has been found fit for military service, and any member of the armed forces, whether or not on active duty may ask the Minister of Defence to recognise his objections as serious conscientious objections. If, after an investigation has been carried out, those objections are recognised, the. person concerned is exempted from military service. The 79