Being of service in Belarus

The right to refuse military service for reasons of conscience is seen as inherent in the right to freedom of thought, conscience and religion in the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.

Reasons of conscience may be based on religious beliefs, but in many OSCE participating States, applicants may opt for alternative service because of deeply held personal beliefs or a desire to serve their country in a different way.

In Belarus, military service is compulsory for all males between the ages of 18 and 27. They are obliged to serve for 18 months, or 12 months for university graduates. The Constitution of Belarus allows for the possibility of exemption from military service, and for the substitution of military service by an alternative service to be determined by law. Due to the fact that a law has not been passed, young men who wish to substitute their military service with alternative service continue to be at risk of being charged and prosecuted for draft evasion.

Civil action

Positive developments in recent months indicate a growing commitment to resolve this ambiguity.

"We are currently researching best practices in alternative service legislation and discussing the matter with the relevant government ministries. We hope that a draft law will be prepared by next year," said First Deputy Director Alexander Makareevich, from the National Centre for Legislation and Legal Research, a government agency under the Presidential administration.

Moreover, five young men convicted for avoiding military service have had their sentences acquitted in the past year and a half, according to Elena Tongachova, the founder of the Centre for Legal Transformation, a Belarusian non-governmental organization which files appeals to the Supreme Court on behalf of young men who have been convicted of avoiding military service.

"We see this as a very positive sign that the courts are beginning to recognize the constitutional rights of Belarusian citizens despite the absence of implementing legislation in the area of alternative service," she said.

Making a difference

The National Centre for Legislation and Legal Research requested assistance from the OSCE Office in Minsk to conduct a seminar on best practices from the OSCE region on alternative service legislation.

The seminar was held in Minsk on 14 October for representatives from the Constitutional Court, the Ministries of Defence, Emergency Services, and Labour and Social Welfare, as well as from the Office of the High Commissioner on Religion and National Minorities and the Parliamentary Administration.

Experts from France, Germany, Moldova and Russia shared the best practices from their countries at the seminar. Officials from the OSCE Office for Democratic Institutions and Human Rights (ODIHR) presented examples of alternative service from the ODIHR handbook Human Rights and Fundamental Freedoms of Armed Services Personnel.

The Centre for Legal Transformation also distributed a handbook on alternative civilian service, drafted by the Centre to disseminate best practices in alternative service legislation.

The seminar participants asked detailed questions concerning practical issues surrounding the operation and management of alternative civilian service. Many took note of the fact that alternative service work may be as challenging as serving in the military. The experts explained that in many OSCE countries, alternative service can include work in hospitals or retirement homes to care for the elderly or mentally ill, or as emergency workers or fire fighters. This work is often demanding and difficult, and can be of great value to society as well as personally rewarding.

"The OSCE is committed to supporting the Belarusian government in modernizing its armed forces, and when a draft law is ready the OSCE can provide additional support in the form of international legal expertise, if requested by the government," said Ambassador Benedikt Haller, the Head of the OSCE Office in Minsk. "We look forward to seeing this important piece of legislation which will provide Belarusian citizens with broader opportunities to serve their country."

Written by Kimberley Bulkley