Minister of Social, Affairs and Employment is responsible for finding work conscientious for objectors. Alternative
service is performed either with government bodies or with suitable organizations, as designated by the Minister of
Social Affairs and Employment, which serve the public interest. Conscientious objectors receive the same pay as
conscripts, namely pocket money; certain allowances and fringe benefits are available. As far as possible, the legal
position of conscientious objectors is the same as that of conscripts. As regards the possible payment of general
assistance, the Government would make the following observations. The General Assistance Act, in conjunction
with which the National Assistance Standardisation Decree sets levels of benefits, is based on the premise that
assistance will be granted to those who are unable to support themselves. The purpose of this benefit is to cover the
costs of subsistence if normal sources of income fail to meet these minimum costs. The General Assistance Act
thus provides a safety net
for cases in which all other sources of income have failed. Conscripts and those performing alternative service are
deemed to be adequately provided for already, as their position is fully regulated by the National Service Act, the
Military Service Act and associated regulations. Under the established case law of the Crown, the statutory
arrangements for payments to conscientious objectors are regarded as adequate and they do not require benefit
payments. The Royal Decree of 21 January 1988 which was submitted by the applicant is entirely in accordance with
this case law. In reply to the Committee's question, it may be observed that neither the General Assistance Act nor
the National Standardisation Decree was applicable to the applicant when he was performing his alternative service
as a conscientious objector."
6.3
With regard to the Committee's prior jurisprudence, the State party refers to its decisions on admissibility of
5 November 1987 (Communication No. 45/1987, R.T.Z. v. the Netherlands) and 24 March 1988 (Communication
No. 6711987, H.J.G. v. the Netherlands) and argues that the applicant's case should likewise be ruled inadmissible..
"The applications in question related to conscripts. In paragraph 3.2 of the decisions cited, the Committee observed
that the Covenant does not preclude the institution of compulsory military service by State parties, even though this
means that some rights of individuals may be restricted during military service, within the exigences of such
service." The State party also takes the view that the institution of a compulsory alternative service for conscientious
objectors is equally endorsed by the Covenant and refers to article 8, paragraph 3 c (ii).
6.4
It is submitted that in cases where conscientious objections have been recognised, alternative service
functions as a substitute for military service. "It appears from the applicant's communication that he considers that,
as a conscientious objector, he has suffered discrimination in comparison with members of the public. The
Government, in this phase of the procedure, will not deal with the factual question whether the non-applicability of
the General Assistance Act does result in differences of income as claimed by the applicant. However, referring to
the two above-mentioned decisions of the Committee it can be contended that in the Present case a comparison of the
position of the author with the position of members of the public vis-à-vis the General Assistance Act is not called
for. Furthermore the applicant has not claimed that the rules applicable to him Were applied to him differently than
to other conscientious objectors. The Government concludes that the author has no claim under article 2 of the
Optional Protocol."
7.
In letter dated 29 June 1989, counsel comments on the State party's submission under rule 91,
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