EBCO - European Bureau for Conscientious Objection - Documents

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European Union

The topic of conscientious objection and the according fulfillment of international guidelines continues to be one of the main aspects of the EU's human rights policy: Proper implementation and a functioning civilian service were important demands of the EU during the negotiations with the candidate countries.

On this page, you can find resolutions of the European Parliament and the EU Charter of Fundamental Rights (a part of the draft constitution) which incorporates the right of conscientious objection to military service.

EU Charter of Fundamental Rights

European Parliament texts

EU Charter of Fundamental Rights

As an important document of the EU and its future constitution, here you can find the EU Charter of Fundamental Rights. Worked out by convention of 62 delegates from the EU-15, the Charter was proclaimed at the European Council in Nice in 2000. The Charter of Fundamental Rights has been incorporated unchanged and complete in the "Draft Treaty establishing a Constitution for Europe" drawn up by the European Convention.

The complete Charter can be found here (pdf-file).

For versions of the document in the other official EU-languages and explanations go to:
http://db.consilium.eu.int/df/default.asp?lang=en

For more information on the draft constitution, go to: http://www.europa.eu.int/futurum.

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European Parliament texts

With a meeting at the Turkish Delegation to the European Union in Brussels on the occasion of the Annual General Meeting in February 2006 the European Bureau for Conscientious Objection started its campaign for the recognition of the right to conscientious objection according to the standards set out by the Council of Europe, United Nations, the European Parliament and other international bodies in this candidate
country for the European Union.

The EBCO Turkey Campaign will focus on European institutions - the European Parliament, the Council of Europe, the European Commission - to protect human rights including Article 10 of the EU Charter for Fundamental Rights, which recognises the right of conscientious objection in all EU member states. This Charter has bee signed by the Turkish government in 2004.

The EBCO Turkey Campaign will build on local partnership including lawyers associations, human rights defenders and organisations of conscientious objection and seeks the dialogue with the Turkish authorities on this issue.EBCO is among the sponsors of a European Monitoring Conference in Istanbul later this year.

Here you can find resolutions dealing with conscientious objection passed by the EU-Parliament.

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Resolution texts

Macciocchi Resolution (07.02.83)

Schmidbauer Resolution (13.10.89)

De Gucht Resolution (excerpt)

Resolution on Deserters from former Yugoslavia

Bandrés, Molet & Bindi Resolution

Report on Fundamental Rights in the EU 2003 (not adopted)

The Macciocchi Resolution

Resolution of 7 February 1983 on conscientious objection

The European Parliament,

- having regard to Article 9 of the European Convention on Human Rights, which guarantees the right to freedom of thought conscience and religion,

- having regard to Resolution 337 (1967) and Recommendation 816 (1977) of the Consultative Assembly of the Council of Europe on the right of conscientious objection,

- having regard to the laws of the Member States of the European Community concerning the right of conscientious objection,

- having regard to the case law of the Court of Justice of the European Communities and the Joint Declaration of Parliament, Council and Commission in which these institutions stressed the prime importance they attach to the protection of fundamental rights as derived in particular from the European Human Rights Convention,

- having regard to motions for resolutions Doc. 1-796/80, Doc. 1-803/79 and Doc 1-244/80,

- having regard to Petitions Nos 14/80, 19/80, 26/80 and 42/80,

- having regard to the report of the Legal Affairs Committee and the opinion of the Political Affairs Committee (Doc. l-546/82),

1. Recalls that the right to freedom of thought, conscience and religion is a fundamental right;

2. Notes that protection of freedom of conscience implies the right to refuse to carry out armed military service and to withdraw from such service on grounds of conscience;

3. Points out that no court or commission can penetrate the conscience of an individual and that a declaration setting out the individual's motives must therefore suffice in the vast majority of cases to secure the status of conscientious objector;

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The Schmidbauer Resolution

Resolution of 13 October 1989 on conscientious objection and alternative civilian service

The European parliament,

- having regard to Petitions Nos. 81/85, 95/86, 260/87, 349/68, 495/88,. 510/88 and 519/88,

- having regard to the Macciocchi report (Doc. 1-546/82) on conscientious objection and to the fact that close on six years after adoption of the resolution of 7 February on conscientious objection (OJ No. C 68, 14.3.1983, p. 14) no initiative has been taken on these lines either by the governments of the Member States or by the Commission,

- having regard to recommendation No R(87)8 of the Committee of Ministers of the Council of Europe regarding conscientious objection to compulsory military service adopted by the Committee of Ministers on 9 April 1987 at the 406th meeting of the Ministers' Deputies,

- having regard to Written Question No. 2830/86 by Mrs. Dury and others to the Council on conscientious objection (OJ No. C 117, 4.5.1987, p. 44),

- having regard to Written Question No. 1649/66 by Mr Boesmans to the Commission on the situation of conscientious objectors in Greece (OJ No. C 133, 18.5.1987, p. 28),

- having regard to Written Question No. 1650/86 by Mr. Boesmans to the Commission on the situation of conscientious objectors in Belgium (OJ No. C 133, 18.5.1987, p. 28),

- having regard to Articles 100 (approximation of laws), 7 (prohibition of discrimination on grounds of nationality), 48(2) (free movement of persons), 50 (exchange of young workers) and 117 and 118 (common social policy) of the EEC Treaty,

- having regard to the declaration of the.European Council meeting in Fontainebleau on 25 and 26 June 1984 calling for the setting-up of national committees of European volunteer development "workers to recruit young Europeans wishing to offer their services to Third World development projects,

- having regard to the recommendation of 5 March 1987 of the United Nations commission on Human Rights,

- haying regard to the report of its Committee on Petitions and the opinion of the Committee on Legal Affairs and Citizens' Rights (Doc. A 2-433/88 = A 3-15/89),

A. whereas no court and no committee can examine a person's conscience,

B. whereas all conscripts must be entitled to refuse military service, whether armed or unarmed, on grounds of conscience, with full respect for the principles of freedom and equal treatment of members of society,

C. mindful that the existing inequalities and the penalties applied by some Member States to conscientious objectors - which are the result of differing geographical, social and cultural determinants - create unequal living conditions in the Member States and are thus detrimental to the process of European integration,

D. mindful that the differences and discrimination contained in the rules governing the recognition of Conscientious objection and laying down the arrangements for the performance of alternative civilian service have consequences for the entry of young people into the world of work and for freedom of movement within the Community and that they have a grave impact on the opportunities of young people in Europe in regard to vocational training, employment, social security and political and trade union rights,

E. whereas conscientious objection cannot constitute non-participation in the defence of the community but may be seen as another way of practising such participation in the light of the particular conditions and requirements in the Member States, as confirmed, inter alia, by the Italian Constitutional Court in Judgment No. 164 of 25 May 1985,

F. emphasizing the need to enable those performing alternative service to participate in the development of Third World countries and in the war on starvation with consequential recognition of the potential contribution from conscientious objectors to reducing the threats to our security,

G. whereas the common involvement of young people in a programme for the Third World will contribute to mutual understanding and hence encourage the process of European integration and European solidarity with the less developed regions of the world,

1. Calls for the right to be granted to all conscripts at any time to refuse military service, whether armed or unarmed, on grounds of conscience, with full respect for the principles of freedom and equal treatment for all members of society;

2. Calls for call-up papers to be accompanied, where this is not already the case, by a statement on the legal position with regard to conscientious objection;

3. Urges the Member States concerned to ensure that individuals performing alternative service are not denied their constitutional and/or civil rights and that their dignity is preserved;

4. Urges that, in order to be recognized as a conscientious objector, a declaration setting out the individual's motives should suffice in order to obtain the status of conscientious objector;

5. Urges that the length of alternative service should be allowed to exceed the duration of ordinary service only by half as much again to compensate for periods of reserve training by those performing military service;

6. Calls for persons performing alternative service to be safeguarded against exploitation and for individuals in civilian service to receive the same pay as conscripts;

7. Calls for a clear distinction to be made between civilian alternative service activities and vacancies on the job market, this to be agreed on with the trade unions;

8. Calls for the introduction of a national appeals procedure;

9. Calls for conscientious objectors who are recognized as such in the Member State of which they are nationals to be allowed, where appropriate and provided the individual concerned so requests to participate in programmes of alternative service in another Member State and for their release from alternative service in their own country as a result of such participation;

10. Urges that conscripts who perform alternative service should be given the opportunity of taking part in regular training and further vocational training,equivalent to that offered during military service;

11. Calls on the Commission and the Member States to press for the right to alternative civilian service to be incorporated in the European convention for the Protection of Human Rights and Fundamental Freedoms, as a human right;

12. Calls on the Member States to take all the necessary steps to amend their legislation to bring it into line with this resolution and the resolution of 7 February 1983;

13. Instructs the Commission to draw up a programme of development projects in the Third World in which all conscientious objectors from the Member States can, where appropriate and provided they so request, participate; such participation should release them from alternative service in their own country;

14. Believes that the Member States should recognize and support the NGOs that deal with alternative service and conscientious objectors and calls on the Commission to give similar recognition and support to the European Bureau of Conscientious Objection;

15. Instructs its President to forward this resolution to the Commission, the Council, the Foreign Ministers meeting in European Political Cooperation, the Defence Ministers and the governments and parliaments of the Member States.

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The De Gucht Resolution

Resolution on respect for human rights in the European Community (annual report of the European Parliament)

[Only those extracts relevant to conscientious objection are listed below]

The European Parliament,

(...)
- having regard to its resolution of 13 October 1989 on conscientious objection,

(...)
A. whereas respect for human rights is the foundation of democracy and constitutes a basic principle of Community integration,

B. having regard to Community action to promote human rights in the world,

C. having regard to the principle of interference on humanitarian grounds, as recognized by the international community in UN Security Council Resolution No. 688,

(...)
F. whereas jurisdiction over respect for human rights in the Member States lies with national courts and the relevant organs of the Council of Europe,

G. whereas up to now, Community law, the common legal principles of the Member States and the rules of international law have provided protection of fundamental rights against the actions of Community institutions and bodies,

H. whereas, however, there are no specific checks on whether human rights are respected in Community law,

I. whereas there is no body of law setting out the fundamental rights of European citizens and guaranteeing protection of those rights within the Community legal order,

Conscientious objection

46. Considers that the right of conscientious objection, as recognized by Resolution 89/59 of the UN Commission on Human Rights on conscientious objection against military service, should be incorporate as a fundamental right in the legal systems of the Member States;

47. Notes, however, that this right is not included in any international human rights agreement and therefore falls within the sovereign power of each State;

48. Calls for common principles to be defined with a view to eliminating discrimination between European citizens with respect to military service;

49. Considers that these common principles should include minimum guarantees to ensure that:

- sufficient information is made available on conscientious objector status,

- conscientious objector status can be applied for at any time, including during military service,

- an effective means of appeal is made available should the conscientious objector status be refused;

50. Condemns the trials and imprisonment of conscientious objectors In the Member States, many of whom have been regarded as prisoners of conscience by Amnesty International;

51 Stresses that an alternative civilian service should be provided for, of the same length as military service, so that it is not seen as a sanction or deterrent;

52. Encourages the introduction at Community level of alternatives to military service as part of Third World development aid programmes or assistance cooperation with the countries of Eastern Europe;

53. Condemns, in particular, the practice in Greece which treats conscientious objectors as criminals and condemns them to long periods of imprisonment in military prisons;

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Resolution on deserters from former Yugoslavia

Resolution on deserters from the armed forces of states in former Yugoslavia

The European Parliament,

A. aware that among the hundreds of thousands of refugees from former Yugoslavia there are many deserters and draft evaders,

B. alarmed at reports that recruitment and conscription are deliberately used as a measure against persons who are critical of the government and that conscription also affects members of ethnic groups such as the Albanians of Kosovo and the Hungarians of Vojvodina, as well as some, such as Roma Gypsies, who do not even possess citizenship of the country,

C. concerned at reports that deserters and draft evaders who have taken refuge in Member States of the Community face deportation back to their country of origin where they would risk severe repercussions, in flagrant violation of the European Convention on Human Rights,

D. aware that the Danish Directorate for Immigration has decided that desertion from, or evading conscription into, the Serb and Montenegrin armed forces are not grounds for granting asylum,

E. recalling the statement of the UNCHR that anybody refusing to take part in 'an internationally condemned war action' is deserving of 'international protection',

F. regarding the encouragement of draft evasion and desertion from the Serbian and Montenegrin armed forces as in accordance with the policy pursued by the Community and its Member States towards the aggressive policies of Serbia and Montenegro,

G. having regard to the fact that draft evaders and deserters, given their response to the international community's appeal for peace, could play an important role in the reconstruction of post-war Yugoslavia,

1. Calls on the international community to develop standards to protect deserters and draft evaders who do not wish to take part in nationalist wars which it has unequivocally condemned;

2. Calls on the Council and the Member States to consider what arrangements might be made to give sanctuary to the deserters and conscientious objectors not serving in the various armed forces fighting on the territory of former Yugoslavia;

3. Calls on the Member States to provide deserters and draft evaders from the former Yugoslavia with a legal status instead of allowing them to be deported back;

4. Urges the Danish Minister of the Interior to make available to deserters and draft evaders from the Serb and Montenegrin armed forces permission to stay until they can return safely;

5. Calls on all Member States to weaken the military power of the aggressors in former Yugoslavia by encouraging desertion and draft evasion by making clear that they will grant asylum to deserters and draft evaders from the armed forces of aggressor states;

6, Calls on the Member States and the Commission to develop programmes and projects which seek to provide possibilities for training or further education for these deserters and draft evaders;

7. Instructs its President to forward this resolution to the Commission, the Council, the UNCHR, the President of the Folketing and the Danish Refugee Appeals Board.

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The Bandrés Molet & Bindi Resolution

Resolution on conscientious objection in the Member States of the Community

The European Parliament,

- having regard to the motions for resolutions by:

(a) Mr Kostopoulos on recognition of the right of conscientious objection to military service and alternative arrangements for non-military or social service (B3-0248/91),

(b) Mr von Wechmar and others on behalf of the LDR Group on persecution of conscientious objectors and of ethnic minorities in Greece '(B3-0623/92),

(c) Mr Sisó Cruellas on the performance of military service by young people who reside in a Member State of which they are not nationals (B3-0459/92),

- having regard to its resolutions of 7 February 1983 on conscientious objection, 13 October 1989 on conscientious objection and alternative civilian service, 21 January 1993 on religious freedom in Greece and the compulsory declaration of religion on the Greek identity card, 11 March 1993 on respect for human rights in the European Community (annual report of the European Parliament), and 22 April 1993 on the compulsory mention of religion on Greek identity cards,

- having regard to written questions Nos 1241/90, 1242/90, 1389/90, 2295/90, 2645/90, 2646/90. 2898/90, 2905/90, 2908/90, 130/91, 694/91 and 1449/91,

- having regard to petitions Nos 34/92, 161/92, 184/93 and 343/93,

- having regard to resolution 1989/59 of the United Nations Commission on Human Rights,

- having regard to Recommendation R(87)8 of the Committee of Ministers of the Council of Europe,

- having regard to Article F of the EU Treaty and Articles.. 100, 7, 8a and 48(2) of the EC Treaty,

- having regard to Rule 45 of its Rules of Procedure,

- having regard to the report by the Committee on Civil Liberties and Internal Affairs (A3-04l 1/93),

A. deploring the lack of response to its resolutions of 1983 and 1989 referred to above. especially the possibility of refusing for reasons of conscience to fulfil an obligation to perform military service,

B. stating once again that the protection of human rights and fundamental freedoms is one of the European Community's main duties, as is stipulated inter alia in the Preamble to the Maastricht Treaty,

C. whereas conscientious objection to military service is inherent to the concept of freedom of thought, conscience and religion, as recognized in Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms,

D. whereas the United Nations Commission on Human Rights confirmed this interpretation on 20 July 1993 in its general comments on Article 18 of the International Covenant on Civil and Political Rights,

E reiterating the fact that the right of conscientious objection is a principle recognized under the law of all Member States in which military service is compulsory, with the exception of Greece, which is the only country where unarmed military service exists, but that the provisions governing this right vary widely between Member States which, as far as young people are concerned, acts as an obstacle to European integration,

F. having regard to its resolutions of 14 June 1991 and 21 November 1991 on European citizenship in which it stated inter alia that the status of European citizenship implies that the human rights and fundamental freedoms of all citizens must be protected and that discrimination against citizens on the basis of the Member State to which they belong cannot be tolerated under any circumstances,

1. Considers conscientious objection to be a real subjective right, as recognized by resolution 1989/59 of the United Nations Commission on Human Rights, closely connected with the exercise of individual freedoms and, therefore, that community service may take the form of either military or civilian service;

2. Believes that 'conscientious objector' should be taken to mean someone who. faced with an obligation to perform military service, refuses to do so on religious, ethical or philosophical grounds or for reasons of conscience and calls on all Member States to adopt this definition;

3. Subscribes to the basic principles defined by the Committee of Ministers of the Council of Europe in its recommendation R(87)8 on conscientious objection to compulsory military service and considers that this recommendation is a minimum basis for provisions concerning civilian service which should link all the Member States of the Council of Europe;

4. Points out that conscientious objection is an issue of international importance, as is demonstrated by the resolution adopted by the United Nations Commission on Human Rights in 1989, the Recommendation adopted by the Committee of Ministers of the Council of Europe in 1987 and its resolution of 1989, all of which include the right of conscientious objection to military service among the various rights and stipulate that alternative civilian service must not be punitive in nature;

5. Is convinced that the right of conscientious objection derives from the human rights and fundamental freedoms which the Union undertakes to respect pursuant to Article F(2) of the EU Treaty and, therefore, that the harmonization of legislation in this field falls within the competence of the European Community;

6. Calls on the Member States to study, as a matter of common interest, the experience of those which have abolished compulsory military service, in favour of fully professional armed services. accepting that all citizens of a Member State should enjoy the same rights and fulfil the same obligations;

7. Calls therefore on the Commission to submit as soon as possible

- a proposal for the harmonization of legislation and minimum guarantees of the protection of the right of conscientious objection, such as those laid down in paragraph 49 of its aforementioned resolution of 11 March 1993 on respect for human rights in the European Community, with a view to eliminating the current discrimination between Member States,

- a proposal for the establishment of a European civilian service open to both conscientious objectors and volunteers from the Member States,

- an exchange programme allowing those engaged in alternative civilian service to choose to perform it in another Member State or in a developing country as part of a cooperation programme;

8. Considers that this service should also be able to be performed with organizations in other Member States, without the need for reciprocity and even when there is no conscription in the country concerned;

9. Calls on the Member States to ensure that compulsory military service and civilian service performed at institutions which do not come under the supervision of the Defence Ministry are of the same length, pursuant to paragraph 51 of its aforementioned resolution of 11 March 1993 on respect for human rights in the EC;

10. Believes furthermore that conscientious objectors performing civilian service must enjoy the same rights as conscripts engaged in armed military service, both in social terms - in respect of access to vocational training, for example - and in terms of pay;

11. Condemns those states where objectors are imprisoned, as asserted by Amnesty international, and calls on the Greek Government in particular to take the necessary steps as a matter of urgency to conform to the principles laid down in this resolution;

12. Emphasizes that freedom of religious belief is firmly established as one of the basic individual rights set out in the Universal Declaration of Human Rights and the European Convention on Human Rights and restates therefore the views set out in its aforementioned resolutions of 21 January 1993 and 22 April 1993 on the compulsory declaration of religion on identity cards;

13. Calls for the right of conscientious objection and the right to civilian service to be incorporated in a protocol to the European Convention on Human Rights;

14. Calls on the Member States of the European Union which do not have (or no longer have) conscription and military and civilian service nevertheless to guarantee the fundamental right of conscientious objection;

15. Calls on the Commission to ask the Member States of the European Union and the countries which have applied for accession to comply with the principles laid down in its aforementioned resolutions of 7 February 1983, 13 October 1989 and 11 March 1993 and in this resolution;

16. Instructs its Committee on Civil Liberties to draw up an annual report on the application by the Member States of its resolutions on conscientious objection and civilian service, and to involve the European Bureau for Conscientious Objection;

17. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States and the countries which have applied for accession.

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European Union The topic of conscientious objection and the according fulfillment of international guidelines continues to be one of the main aspects of the EU's human rights policy: Proper implementation and a functioning civilian service were important demands of the EU during the negotiations with the candidate countries. On this page, you can find resolutions of the European Parliament and the EU Charter of Fundamental Rights (a part of the draft constitution) which incorporates the right of conscientious objection to military service. EU Charter of Fundamental Rights European Parliament texts EU Charter of Fundamental Rights As an important document of the EU and its future constitution, here you can find the EU Charter of Fundamental Rights. Worked out by convention of 62 delegates from the EU-15, the Charter was proclaimed at the European Council in Nice in 2000. The Charter of Fundamental Rights has been incorporated unchanged and complete in the "Draft Treaty establishing a Constitution for Europe" drawn up by the European Convention. The complete Charter can be found here (pdf-file). For versions of the document in the other official EU-languages and explanations go to: http://db.consilium.eu.int/df/default.asp?lang=en For more information on the draft constitution, go to: http://www.europa.eu.int/futurum.		The flag of the European Union

Resolution texts Macciocchi Resolution (07.02.83) Schmidbauer Resolution (13.10.89) De Gucht Resolution (excerpt) Resolution on Deserters from former Yugoslavia Bandrés, Molet & Bindi Resolution Report on Fundamental Rights in the EU 2003 (not adopted)

Resolution on deserters from former Yugoslavia Resolution on deserters from the armed forces of states in former Yugoslavia The European Parliament, A. aware that among the hundreds of thousands of refugees from former Yugoslavia there are many deserters and draft evaders, B. alarmed at reports that recruitment and conscription are deliberately used as a measure against persons who are critical of the government and that conscription also affects members of ethnic groups such as the Albanians of Kosovo and the Hungarians of Vojvodina, as well as some, such as Roma Gypsies, who do not even possess citizenship of the country, C. concerned at reports that deserters and draft evaders who have taken refuge in Member States of the Community face deportation back to their country of origin where they would risk severe repercussions, in flagrant violation of the European Convention on Human Rights, D. aware that the Danish Directorate for Immigration has decided that desertion from, or evading conscription into, the Serb and Montenegrin armed forces are not grounds for granting asylum, E. recalling the statement of the UNCHR that anybody refusing to take part in 'an internationally condemned war action' is deserving of 'international protection', F. regarding the encouragement of draft evasion and desertion from the Serbian and Montenegrin armed forces as in accordance with the policy pursued by the Community and its Member States towards the aggressive policies of Serbia and Montenegro, G. having regard to the fact that draft evaders and deserters, given their response to the international community's appeal for peace, could play an important role in the reconstruction of post-war Yugoslavia, 1. Calls on the international community to develop standards to protect deserters and draft evaders who do not wish to take part in nationalist wars which it has unequivocally condemned; 2. Calls on the Council and the Member States to consider what arrangements might be made to give sanctuary to the deserters and conscientious objectors not serving in the various armed forces fighting on the territory of former Yugoslavia; 3. Calls on the Member States to provide deserters and draft evaders from the former Yugoslavia with a legal status instead of allowing them to be deported back; 4. Urges the Danish Minister of the Interior to make available to deserters and draft evaders from the Serb and Montenegrin armed forces permission to stay until they can return safely; 5. Calls on all Member States to weaken the military power of the aggressors in former Yugoslavia by encouraging desertion and draft evasion by making clear that they will grant asylum to deserters and draft evaders from the armed forces of aggressor states; 6, Calls on the Member States and the Commission to develop programmes and projects which seek to provide possibilities for training or further education for these deserters and draft evaders; 7. Instructs its President to forward this resolution to the Commission, the Council, the UNCHR, the President of the Folketing and the Danish Refugee Appeals Board.

The Bandrés Molet & Bindi Resolution Resolution on conscientious objection in the Member States of the Community The European Parliament, - having regard to the motions for resolutions by: (a) Mr Kostopoulos on recognition of the right of conscientious objection to military service and alternative arrangements for non-military or social service (B3-0248/91), (b) Mr von Wechmar and others on behalf of the LDR Group on persecution of conscientious objectors and of ethnic minorities in Greece '(B3-0623/92), (c) Mr Sisó Cruellas on the performance of military service by young people who reside in a Member State of which they are not nationals (B3-0459/92), - having regard to its resolutions of 7 February 1983 on conscientious objection, 13 October 1989 on conscientious objection and alternative civilian service, 21 January 1993 on religious freedom in Greece and the compulsory declaration of religion on the Greek identity card, 11 March 1993 on respect for human rights in the European Community (annual report of the European Parliament), and 22 April 1993 on the compulsory mention of religion on Greek identity cards, - having regard to written questions Nos 1241/90, 1242/90, 1389/90, 2295/90, 2645/90, 2646/90. 2898/90, 2905/90, 2908/90, 130/91, 694/91 and 1449/91, - having regard to petitions Nos 34/92, 161/92, 184/93 and 343/93, - having regard to resolution 1989/59 of the United Nations Commission on Human Rights, - having regard to Recommendation R(87)8 of the Committee of Ministers of the Council of Europe, - having regard to Article F of the EU Treaty and Articles.. 100, 7, 8a and 48(2) of the EC Treaty, - having regard to Rule 45 of its Rules of Procedure, - having regard to the report by the Committee on Civil Liberties and Internal Affairs (A3-04l 1/93), A. deploring the lack of response to its resolutions of 1983 and 1989 referred to above. especially the possibility of refusing for reasons of conscience to fulfil an obligation to perform military service, B. stating once again that the protection of human rights and fundamental freedoms is one of the European Community's main duties, as is stipulated inter alia in the Preamble to the Maastricht Treaty, C. whereas conscientious objection to military service is inherent to the concept of freedom of thought, conscience and religion, as recognized in Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, D. whereas the United Nations Commission on Human Rights confirmed this interpretation on 20 July 1993 in its general comments on Article 18 of the International Covenant on Civil and Political Rights, E reiterating the fact that the right of conscientious objection is a principle recognized under the law of all Member States in which military service is compulsory, with the exception of Greece, which is the only country where unarmed military service exists, but that the provisions governing this right vary widely between Member States which, as far as young people are concerned, acts as an obstacle to European integration, F. having regard to its resolutions of 14 June 1991 and 21 November 1991 on European citizenship in which it stated inter alia that the status of European citizenship implies that the human rights and fundamental freedoms of all citizens must be protected and that discrimination against citizens on the basis of the Member State to which they belong cannot be tolerated under any circumstances, 1. Considers conscientious objection to be a real subjective right, as recognized by resolution 1989/59 of the United Nations Commission on Human Rights, closely connected with the exercise of individual freedoms and, therefore, that community service may take the form of either military or civilian service; 2. Believes that 'conscientious objector' should be taken to mean someone who. faced with an obligation to perform military service, refuses to do so on religious, ethical or philosophical grounds or for reasons of conscience and calls on all Member States to adopt this definition; 3. Subscribes to the basic principles defined by the Committee of Ministers of the Council of Europe in its recommendation R(87)8 on conscientious objection to compulsory military service and considers that this recommendation is a minimum basis for provisions concerning civilian service which should link all the Member States of the Council of Europe; 4. Points out that conscientious objection is an issue of international importance, as is demonstrated by the resolution adopted by the United Nations Commission on Human Rights in 1989, the Recommendation adopted by the Committee of Ministers of the Council of Europe in 1987 and its resolution of 1989, all of which include the right of conscientious objection to military service among the various rights and stipulate that alternative civilian service must not be punitive in nature; 5. Is convinced that the right of conscientious objection derives from the human rights and fundamental freedoms which the Union undertakes to respect pursuant to Article F(2) of the EU Treaty and, therefore, that the harmonization of legislation in this field falls within the competence of the European Community; 6. Calls on the Member States to study, as a matter of common interest, the experience of those which have abolished compulsory military service, in favour of fully professional armed services. accepting that all citizens of a Member State should enjoy the same rights and fulfil the same obligations; 7. Calls therefore on the Commission to submit as soon as possible - a proposal for the harmonization of legislation and minimum guarantees of the protection of the right of conscientious objection, such as those laid down in paragraph 49 of its aforementioned resolution of 11 March 1993 on respect for human rights in the European Community, with a view to eliminating the current discrimination between Member States, - a proposal for the establishment of a European civilian service open to both conscientious objectors and volunteers from the Member States, - an exchange programme allowing those engaged in alternative civilian service to choose to perform it in another Member State or in a developing country as part of a cooperation programme; 8. Considers that this service should also be able to be performed with organizations in other Member States, without the need for reciprocity and even when there is no conscription in the country concerned; 9. Calls on the Member States to ensure that compulsory military service and civilian service performed at institutions which do not come under the supervision of the Defence Ministry are of the same length, pursuant to paragraph 51 of its aforementioned resolution of 11 March 1993 on respect for human rights in the EC; 10. Believes furthermore that conscientious objectors performing civilian service must enjoy the same rights as conscripts engaged in armed military service, both in social terms - in respect of access to vocational training, for example - and in terms of pay; 11. Condemns those states where objectors are imprisoned, as asserted by Amnesty international, and calls on the Greek Government in particular to take the necessary steps as a matter of urgency to conform to the principles laid down in this resolution; 12. Emphasizes that freedom of religious belief is firmly established as one of the basic individual rights set out in the Universal Declaration of Human Rights and the European Convention on Human Rights and restates therefore the views set out in its aforementioned resolutions of 21 January 1993 and 22 April 1993 on the compulsory declaration of religion on identity cards; 13. Calls for the right of conscientious objection and the right to civilian service to be incorporated in a protocol to the European Convention on Human Rights; 14. Calls on the Member States of the European Union which do not have (or no longer have) conscription and military and civilian service nevertheless to guarantee the fundamental right of conscientious objection; 15. Calls on the Commission to ask the Member States of the European Union and the countries which have applied for accession to comply with the principles laid down in its aforementioned resolutions of 7 February 1983, 13 October 1989 and 11 March 1993 and in this resolution; 16. Instructs its Committee on Civil Liberties to draw up an annual report on the application by the Member States of its resolutions on conscientious objection and civilian service, and to involve the European Bureau for Conscientious Objection; 17. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States and the countries which have applied for accession.