EBCO - European Bureau for Conscientious Objection - Documents

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The Council of Europe

The Council of Europe is the continent's oldest European political organization found in 1949. By now, it has 45 member countries with more than 800 million citizen. It has worked guidelines on every aspects of human rights and national legislation thereof. The Coe has put various efforts in promoting and establishing the right to conscientious objection as a Europe-wide recognized freedom. Below you will find various resolutions and recommendations passed by the Parliamentarian Assembly and by the Committee of Ministers of the CoE and a leaflet on the topic of conscientious objection in Europe. The brochure was realized with EBCO's support, namely Friedhelm Schneider, its delegate to the CoE. You can find the publication as a pdf-file both in English and French.

CoE resolutions, recommendations and brochures

Council of Europe brochure on conscientious objection to military service (English)

Council of Europe brochure on conscientious objection to military service (French)

Council of Europe brochure on conscientious objection to military service (German)

Resolution 337 (1967) on the right of conscientious objection

Recommendation 478 (1967) on the right of conscientious objection

Recommendation 816 (1977) on the right of conscientious objection

Recommendation No. R(87)8 of the Committee of Ministers

Resolution 1042 (1994) of the Parliamentary Assembly
on deserters and draft resisters from former Yugoslavia

Recommendation 1518 (2001) on the exercise
of the right of CO in CoE member states

The logo of the Council of Europe

Resolution 337 (1967) on the right of conscientious objection

The Assembly,

Having regard to Article 9 of the European Convention on Human Rights which binds member States to respect the individual freedom of conscience and religion

Declares

A. Basic principles

1. Persons liable to conscription for military service who, for reasons of conscience or profound conviction arising from religious, ethical, moral, humanitarian, philosophical or similar motives, refuse to perform armed service shall enjoy a personal right to be released from the obligation to perform such service.

2. This right shall be regarded as deriving logically from the fundamental rights of the individual in democratic Rule of Law States which are guaranteed in Article 9 of the European Convention on Human Rights.

B. Procedure

1. Persons liable for military service should be informed, when notified of their call-up of the rights they are entitled to exercise.

2. Where the decision regarding the recognition of the right of conscientious objection is taken in the first instance by an administrative authority, the decision taking body shall be entirely separate from the military authorities and its composition shall guarantee maximum independence and impartiality.

3. Where the decision regarding the recognition of the right of conscientious objection is taken in the first instance by an administrative authority, its decision shall be subject to control by at least one other administrative body, composed likewise in the manner prescribed above, and subsequently to the control of at least one independent judicial body.

4. The legislative authorities should investigate how the exercise of the right claimed can be made more effective by ensuring that objections and judicial appeals have the effect of suspending the armed service call-up order until the decision regarding the claim has been rendered.

5. Applicant should be granted a hearing and should also be entitled to be represented and to call relevant witnesses.

C. Alternative Service

1. The period to be served in alternative work shall be at least as long as the period of normal military service.

2. The social and financial equality of recognized conscientious objectors and ordinary conscripts shall be guaranteed.

3. The Governments concerned shall ensure that conscientious objectors are employed in social work or other work of national importance - having regard also to the manifold needs of the developing countries.

Recommendation 478 (1967) on the right of conscientious objection

The Assembly,

1. Having regard to its Resolution 337 on the right of conscientious objection,

2. Recommends the Committee of Ministers:

(a) to instruct the Committee of Experts on Human Rights to formulate proposals to give effect to the principles laid down by the Assembly in its Resolution 337 by means of a Convention or a recommendation to Governments so that the right of conscientious objection may be firmly implanted in all member States of the Council of Europe;

(b) to invite member States to bring their national legislation as closely as possible into line with the principles adopted by the Consultative Assembly.

Recommendation 816 (1977) on the right of conscientious objection to military service

The Assembly,

1. wishing to promote legal status for conscientious objectors in Council of Europe member states;

2. recalling its Recommendation 478 (1967) and Resolution 337 (1967) on the right of conscientious objection;

3. re-asserting the principles stated in Resolution 337 (1967) which form an integral part of this recommendation,

4. Recommends that the Committee of Ministers:
a. urge the governments of member states, in so far as they have not already done so, to bring their legislation into line with the principles adopted by the Assembly;
b. introduce the right of conscientious objection to military service into the European Convention on Human Rights.

Appendix Principles relating to the right of conscientious objection to military service

A. Basic principles

1. Persons liable to conscription for military service who, for reasons of conscience or profound conviction arising from religious, ethical, moral, humanitarian, philosophical or similar motives, refuse to perform armed service shall enjoy a personal right to be released from the obligation to perform such service.

2. This right shall be regarded as deriving logically from the fundamental rights of the individual in democratic rule of law states, which are guaranteed in Article 9 of the European Convention on Human Rights.

B. Procedure

1. Persons liable for military service should be informed, when notified of their call-up or prospective call-up, of the rights they are entitled to exercise.

2. Where the decision regarding the recognition of the right of conscientious objection is taken in the first instance by an administrative authority, the decision-taking body shall be entirely separate from the military authorities, and its composition shall guarantee maximum independence and impartiality.

3. Where the decision regarding the recognition of the right of conscientious objection is taken in the first instance by an administrative authority, its decision shall be subject to control by at least one other administrative body, composed likewise in the manner prescribed above, and subsequently to the control of at least one independent judicial body.

4. The legislative authorities should investigate how the exercise of the right claimed can be made more effective by ensuring that objection and judicial appeals have the effect of suspending the armed service call-up order until the decision regarding the claim has been rendered.

5. Applicants should also be granted a hearing, and be entitled to be represented and to call relevant witnesses.

C. Alternative service

1. The period to be served in alternative work shall be at least as long as the period of normal military service.

2. The social and financial equality of recognized conscientious objectors and ordinary conscripts shall be guaranteed.

3. The governments concerned shall ensure that conscientious objectors are employed in social work or other work of national importance - having regard also to the manifold needs of the developing countries.

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Recommendation No. R(87)8 of the Committee of Ministers to member states regarding conscientious objection to compulsory military service

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Recalling that respect for human rights and fundamental freedoms is the common heritage of member states of the Council of Europe, as is borne out, in particular, by the European Convention on Human Rights;

Considering that it is desirable to take common action for the further realization of human rights and fundamental freedoms;

Noting that in the majority of member states of the Council of Europe military service is a basic obligation of citizens;

Considering the problems raised by conscientious objection to compulsory military service;

Wishing that conscientious objection to compulsory military service be recognized in all the member states of the Council of Europe and governed by common principles;

Noting that in some member states where conscientious objection to compulsory military service is not yet recognized specific measures have been taken with a view to improving the situation of the individuals concerned,

Recommends that the governments of member states, insofar as they have not already done so, bring their national law and practice into line with the following principles and rules:

A. Basic principle

1, Anyone liable to conscription for military service who, for compelling reasons of conscience, refuses to be involved in the use of arms, shall have the right to be released from the obligation to perform such service, on the conditions set out hereafter. Such persons may be liable to perform alternative service;

B. Procedure

2. States may lay down a suitable procedure for the examination of applications for conscientious objector status or accept a declaration giving reasons by the person concerned;

3, With a view to the effective application of the principles and rules of this recommendation, persons liable to conscription shall be informed in advance of their rights. For this purpose, the state shall provide them with all relevant information directly or allow private organizations concerned to furnish that information;

4. Applications for conscientious objector status shall be made in ways and within time-limits to be determined having due regard to the requirement that the procedure for the examination of an application should, as a rule, be completed before the individual concerned is actually enlisted in the forces;

5. The examination of applications shall include all the necessary guarantees for a fair procedure;

6. An applicant shall have the right to appeal against the decision at first instance;

7. The appeal authority shall be separate from the military administration and composed so as to ensure its independence;

8. The law may also provide for the possibility of applying for and obtaining conscientious objector status in cases where the requisite conditions for conscientious objection appear during military service or periods of military training after initial service;

C. Alternative service

9. Alternative service, if any, shall be in principle civilian and in the public interest. Nevertheless, in addition to civilian service, the State may also provide for unarmed military service, assigning to it only those conscientious objectors whose objections are restricted to the personal use of arms;

10. Alternative service shall not be of a punitive nature. Its duration shall, in comparison to that of military service, remain within reasonable limits;

11. Conscientious objectors performing alternative service shall not have less social and financial rights than persons performing military service. Legislative provisions or regulations which relate to the taking into account of military service for employment, career or pension purposes shall apply to alternative service.

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Resolution 1042 (1994) of the Parliamentary Assembly on deserters and draft resisters from the republics of the former Yugoslavia

1. The Assembly recalls its Resolution 984 (1992) on the crisis in the former Yugoslavia, its Resolution 1019 (1994) on the humanitarian situation and needs of the refugees, displaced persons and other vulnerable groups in the countries of the former Yugoslavia and its Recommendation 1218 (1993) on establishing an international court to try serious violations of international humanitarian law.

2. It refers to the European Parliament resolution on deserters from the armed forces of states in the former Yugoslavia adopted on 28 October 1993.

3. It restates its hope that a lasting negotiated solution will be found which will put an end to the conflict in Bosnia-Herzegovina.

4. It reiterates its deep concern for the fate of the millions of displaced persons as a result of the conflict.

5. It notes that the numbers of men who have left the former Yugoslavia because they refuse to take part in the fighting are estimated to be at least 100.000.

6. It is concerned to learn that thousand of men, including very young men, who is refugee or displaced in Serbia, Montenegro, Croatia and in Bosnia-Herzegovina itself, have been forcibly drafted to fight in Bosnia-Herzegovina.

7. It recalls its Recommendation 816 (1977) on the right of conscientious objection to military service, which it regards as a human right.

8. It deplores the fact that Croatia, which has special guest status with the Assembly, and the Federal Republic of Yugoslavia do not recognise this right in practice and severely punish men refusing to take part in military operations which have been condemned by the international community as serious violations of humanitarian law, particularly "ethnic cleansing".

9. It notes that tens of thousand of deserters and draft resisters have taken refuge in member states, which have generally granted them protection on a temporary basis.

10. It is concerned to learn that several countries have announced their intention to deport deserters and draft resisters to their countries of origin, and that some have even done so already.

11. It considers that a very prudent approach should be adopted in deciding when the country of origin of the deserters and refugees has become sufficiently "safe" for them to return, or whether or not they run the risk of being recruited for operations of ethnic cleansing.

12. It is aware that deserters and draft resisters will play an important role in re-establishing democracy once the war is over.

13. Consequently, the Assembly invites the member states:

i. to bear in mind, when examining requests for protection from deserters and draft resisters from the former Yugoslavia, the serious risks of persecution these persons would run if they returned;

ii. to examine all applications for asylum submitted by deserters and draft resisters from the former Yugoslavia with reference to the United Nations Convention relating to the Status of Refugees and the recommendations of the Office of the United Nations High Commissioner for Refugees as set out in the Handbook on procedures and criteria for determining refugee status;

iii. to refrain from deporting, or even from threatening to deport, deserters and draft resisters from the former Yugoslavia until such time as an amnesty has been declared and they can return home in complete safety;

iv. to consider each case involving the return of deserters and draft resisters in the light of Article 3 of the European Convention on Human Rights, which states that "no one shall be subjected to torture or inhuman or degrading treatment or punishment".

14. Furthermore, the Assembly:

i. calls on Croatia to establish a conscientious objector status enabling the individuals concerned to carry out a genuinely civilian alternative to military service, and to declare an amnesty for deserters and draft resisters;

ii. agrees to take account of the Croatian authorities' attitude to these matters when considering this country's application for membership of the Council of Europe;

iii. calls on the authorities of Serbia and Montenegro to recognize in practice the right to conscientious objection to military service and to declare an amnesty for deserters and draft resisters;

iv. calls on the authorities of Serbia, Montenegro, Croatia and Bosnia-Herzegovina to give protection to all people fleeing the fighting and, in particular, to refrain from drafting them against their will.

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Recommendation 1518 (2001)

adopted by the Standing Committee, acting on behalf of the Parliamentary Assembly of the Council of Europe, on 23 May 2001

Exercise of the right of conscientious objection to military service in Council of Europe member states

1. The Assembly recalls its Resolution 337 (1967) on the right of conscientious objection and Recommendation 816 (1977) on the right of conscientious objection to military ser vice, and also Recommendation No. R (87) 8 of the Committee of Ministers regarding conscientious objection to compulsory military ser vice. It notes that the exercise of the right of conscientious objection to military ser vice has been an ongoing concern of the Council of Europe for over thirty years.

2. The right of conscientious objection is a fundamental aspect of the right to freedom of thought, con science and religion enshrined in the Universal Declaration of Human Rights and the European Convention on Human Rights.

3. Most Council of Europe member states have introduced the right of conscientious objection into their constitutions or legislation. There are only five member states where this right is not recognised.

4. The position of conscientious objectors still differs considerably from one country to

another, and differences in the law unfortunately result in varying levels of protection. The situation of conscientious objectors is there fore wholly unsatisfactory in member states that have recognised the right of conscientious objection.

5. The Assembly accordingly recommends that the Commit tee of Ministers invite those member states that have not yet done so to introduce into their legislation:

i. the right to be registered as a conscientious objector at any time: before, during or after conscription, or performance of military ser vice;

ii. the right for permanent members of the armed forces to apply for the granting of conscientious objector status;

iii. the right for all con scripts to receive information on conscientious objector status and the means of obtaining it;

iv. genuine alternative service of a clearly civilian nature, which should be neither deterrent nor punitive in character.

6. The Assembly also recommends that the Commit tee of Ministers incorporate the right of conscientious objection to military ser vice into the European Convention on Human Rights by means of an additional protocol amending Articles 4.3.b and 9.

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The Council of Europe The Council of Europe is the continent's oldest European political organization found in 1949. By now, it has 45 member countries with more than 800 million citizen. It has worked guidelines on every aspects of human rights and national legislation thereof. The Coe has put various efforts in promoting and establishing the right to conscientious objection as a Europe-wide recognized freedom. Below you will find various resolutions and recommendations passed by the Parliamentarian Assembly and by the Committee of Ministers of the CoE and a leaflet on the topic of conscientious objection in Europe. The brochure was realized with EBCO's support, namely Friedhelm Schneider, its delegate to the CoE. You can find the publication as a pdf-file both in English and French. CoE resolutions, recommendations and brochures Council of Europe brochure on conscientious objection to military service (English) Council of Europe brochure on conscientious objection to military service (French) Council of Europe brochure on conscientious objection to military service (German) Resolution 337 (1967) on the right of conscientious objection Recommendation 478 (1967) on the right of conscientious objection Recommendation 816 (1977) on the right of conscientious objection Recommendation No. R(87)8 of the Committee of Ministers Resolution 1042 (1994) of the Parliamentary Assembly on deserters and draft resisters from former Yugoslavia Recommendation 1518 (2001) on the exercise of the right of CO in CoE member states		The logo of the Council of Europe

Resolution 337 (1967) on the right of conscientious objection The Assembly, Having regard to Article 9 of the European Convention on Human Rights which binds member States to respect the individual freedom of conscience and religion Declares A. Basic principles 1. Persons liable to conscription for military service who, for reasons of conscience or profound conviction arising from religious, ethical, moral, humanitarian, philosophical or similar motives, refuse to perform armed service shall enjoy a personal right to be released from the obligation to perform such service. 2. This right shall be regarded as deriving logically from the fundamental rights of the individual in democratic Rule of Law States which are guaranteed in Article 9 of the European Convention on Human Rights. B. Procedure 1. Persons liable for military service should be informed, when notified of their call-up of the rights they are entitled to exercise. 2. Where the decision regarding the recognition of the right of conscientious objection is taken in the first instance by an administrative authority, the decision taking body shall be entirely separate from the military authorities and its composition shall guarantee maximum independence and impartiality. 3. Where the decision regarding the recognition of the right of conscientious objection is taken in the first instance by an administrative authority, its decision shall be subject to control by at least one other administrative body, composed likewise in the manner prescribed above, and subsequently to the control of at least one independent judicial body. 4. The legislative authorities should investigate how the exercise of the right claimed can be made more effective by ensuring that objections and judicial appeals have the effect of suspending the armed service call-up order until the decision regarding the claim has been rendered. 5. Applicant should be granted a hearing and should also be entitled to be represented and to call relevant witnesses. C. Alternative Service 1. The period to be served in alternative work shall be at least as long as the period of normal military service. 2. The social and financial equality of recognized conscientious objectors and ordinary conscripts shall be guaranteed. 3. The Governments concerned shall ensure that conscientious objectors are employed in social work or other work of national importance - having regard also to the manifold needs of the developing countries.

Recommendation 478 (1967) on the right of conscientious objection The Assembly, 1. Having regard to its Resolution 337 on the right of conscientious objection, 2. Recommends the Committee of Ministers: (a) to instruct the Committee of Experts on Human Rights to formulate proposals to give effect to the principles laid down by the Assembly in its Resolution 337 by means of a Convention or a recommendation to Governments so that the right of conscientious objection may be firmly implanted in all member States of the Council of Europe; (b) to invite member States to bring their national legislation as closely as possible into line with the principles adopted by the Consultative Assembly.

Recommendation 816 (1977) on the right of conscientious objection to military service The Assembly, 1. wishing to promote legal status for conscientious objectors in Council of Europe member states; 2. recalling its Recommendation 478 (1967) and Resolution 337 (1967) on the right of conscientious objection; 3. re-asserting the principles stated in Resolution 337 (1967) which form an integral part of this recommendation, 4. Recommends that the Committee of Ministers: a. urge the governments of member states, in so far as they have not already done so, to bring their legislation into line with the principles adopted by the Assembly; b. introduce the right of conscientious objection to military service into the European Convention on Human Rights. Appendix Principles relating to the right of conscientious objection to military service A. Basic principles 1. Persons liable to conscription for military service who, for reasons of conscience or profound conviction arising from religious, ethical, moral, humanitarian, philosophical or similar motives, refuse to perform armed service shall enjoy a personal right to be released from the obligation to perform such service. 2. This right shall be regarded as deriving logically from the fundamental rights of the individual in democratic rule of law states, which are guaranteed in Article 9 of the European Convention on Human Rights. B. Procedure 1. Persons liable for military service should be informed, when notified of their call-up or prospective call-up, of the rights they are entitled to exercise. 2. Where the decision regarding the recognition of the right of conscientious objection is taken in the first instance by an administrative authority, the decision-taking body shall be entirely separate from the military authorities, and its composition shall guarantee maximum independence and impartiality. 3. Where the decision regarding the recognition of the right of conscientious objection is taken in the first instance by an administrative authority, its decision shall be subject to control by at least one other administrative body, composed likewise in the manner prescribed above, and subsequently to the control of at least one independent judicial body. 4. The legislative authorities should investigate how the exercise of the right claimed can be made more effective by ensuring that objection and judicial appeals have the effect of suspending the armed service call-up order until the decision regarding the claim has been rendered. 5. Applicants should also be granted a hearing, and be entitled to be represented and to call relevant witnesses. C. Alternative service 1. The period to be served in alternative work shall be at least as long as the period of normal military service. 2. The social and financial equality of recognized conscientious objectors and ordinary conscripts shall be guaranteed. 3. The governments concerned shall ensure that conscientious objectors are employed in social work or other work of national importance - having regard also to the manifold needs of the developing countries.

Recommendation No. R(87)8 of the Committee of Ministers to member states regarding conscientious objection to compulsory military service The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Recalling that respect for human rights and fundamental freedoms is the common heritage of member states of the Council of Europe, as is borne out, in particular, by the European Convention on Human Rights; Considering that it is desirable to take common action for the further realization of human rights and fundamental freedoms; Noting that in the majority of member states of the Council of Europe military service is a basic obligation of citizens; Considering the problems raised by conscientious objection to compulsory military service; Wishing that conscientious objection to compulsory military service be recognized in all the member states of the Council of Europe and governed by common principles; Noting that in some member states where conscientious objection to compulsory military service is not yet recognized specific measures have been taken with a view to improving the situation of the individuals concerned, Recommends that the governments of member states, insofar as they have not already done so, bring their national law and practice into line with the following principles and rules: A. Basic principle 1, Anyone liable to conscription for military service who, for compelling reasons of conscience, refuses to be involved in the use of arms, shall have the right to be released from the obligation to perform such service, on the conditions set out hereafter. Such persons may be liable to perform alternative service; B. Procedure 2. States may lay down a suitable procedure for the examination of applications for conscientious objector status or accept a declaration giving reasons by the person concerned; 3, With a view to the effective application of the principles and rules of this recommendation, persons liable to conscription shall be informed in advance of their rights. For this purpose, the state shall provide them with all relevant information directly or allow private organizations concerned to furnish that information; 4. Applications for conscientious objector status shall be made in ways and within time-limits to be determined having due regard to the requirement that the procedure for the examination of an application should, as a rule, be completed before the individual concerned is actually enlisted in the forces; 5. The examination of applications shall include all the necessary guarantees for a fair procedure; 6. An applicant shall have the right to appeal against the decision at first instance; 7. The appeal authority shall be separate from the military administration and composed so as to ensure its independence; 8. The law may also provide for the possibility of applying for and obtaining conscientious objector status in cases where the requisite conditions for conscientious objection appear during military service or periods of military training after initial service; C. Alternative service 9. Alternative service, if any, shall be in principle civilian and in the public interest. Nevertheless, in addition to civilian service, the State may also provide for unarmed military service, assigning to it only those conscientious objectors whose objections are restricted to the personal use of arms; 10. Alternative service shall not be of a punitive nature. Its duration shall, in comparison to that of military service, remain within reasonable limits; 11. Conscientious objectors performing alternative service shall not have less social and financial rights than persons performing military service. Legislative provisions or regulations which relate to the taking into account of military service for employment, career or pension purposes shall apply to alternative service.

Resolution 1042 (1994) of the Parliamentary Assembly on deserters and draft resisters from the republics of the former Yugoslavia 1. The Assembly recalls its Resolution 984 (1992) on the crisis in the former Yugoslavia, its Resolution 1019 (1994) on the humanitarian situation and needs of the refugees, displaced persons and other vulnerable groups in the countries of the former Yugoslavia and its Recommendation 1218 (1993) on establishing an international court to try serious violations of international humanitarian law. 2. It refers to the European Parliament resolution on deserters from the armed forces of states in the former Yugoslavia adopted on 28 October 1993. 3. It restates its hope that a lasting negotiated solution will be found which will put an end to the conflict in Bosnia-Herzegovina. 4. It reiterates its deep concern for the fate of the millions of displaced persons as a result of the conflict. 5. It notes that the numbers of men who have left the former Yugoslavia because they refuse to take part in the fighting are estimated to be at least 100.000. 6. It is concerned to learn that thousand of men, including very young men, who is refugee or displaced in Serbia, Montenegro, Croatia and in Bosnia-Herzegovina itself, have been forcibly drafted to fight in Bosnia-Herzegovina. 7. It recalls its Recommendation 816 (1977) on the right of conscientious objection to military service, which it regards as a human right. 8. It deplores the fact that Croatia, which has special guest status with the Assembly, and the Federal Republic of Yugoslavia do not recognise this right in practice and severely punish men refusing to take part in military operations which have been condemned by the international community as serious violations of humanitarian law, particularly "ethnic cleansing". 9. It notes that tens of thousand of deserters and draft resisters have taken refuge in member states, which have generally granted them protection on a temporary basis. 10. It is concerned to learn that several countries have announced their intention to deport deserters and draft resisters to their countries of origin, and that some have even done so already. 11. It considers that a very prudent approach should be adopted in deciding when the country of origin of the deserters and refugees has become sufficiently "safe" for them to return, or whether or not they run the risk of being recruited for operations of ethnic cleansing. 12. It is aware that deserters and draft resisters will play an important role in re-establishing democracy once the war is over. 13. Consequently, the Assembly invites the member states: i. to bear in mind, when examining requests for protection from deserters and draft resisters from the former Yugoslavia, the serious risks of persecution these persons would run if they returned; ii. to examine all applications for asylum submitted by deserters and draft resisters from the former Yugoslavia with reference to the United Nations Convention relating to the Status of Refugees and the recommendations of the Office of the United Nations High Commissioner for Refugees as set out in the Handbook on procedures and criteria for determining refugee status; iii. to refrain from deporting, or even from threatening to deport, deserters and draft resisters from the former Yugoslavia until such time as an amnesty has been declared and they can return home in complete safety; iv. to consider each case involving the return of deserters and draft resisters in the light of Article 3 of the European Convention on Human Rights, which states that "no one shall be subjected to torture or inhuman or degrading treatment or punishment". 14. Furthermore, the Assembly: i. calls on Croatia to establish a conscientious objector status enabling the individuals concerned to carry out a genuinely civilian alternative to military service, and to declare an amnesty for deserters and draft resisters; ii. agrees to take account of the Croatian authorities' attitude to these matters when considering this country's application for membership of the Council of Europe; iii. calls on the authorities of Serbia and Montenegro to recognize in practice the right to conscientious objection to military service and to declare an amnesty for deserters and draft resisters; iv. calls on the authorities of Serbia, Montenegro, Croatia and Bosnia-Herzegovina to give protection to all people fleeing the fighting and, in particular, to refrain from drafting them against their will.

Recommendation 1518 (2001) adopted by the Standing Committee, acting on behalf of the Parliamentary Assembly of the Council of Europe, on 23 May 2001 Exercise of the right of conscientious objection to military service in Council of Europe member states 1. The Assembly recalls its Resolution 337 (1967) on the right of conscientious objection and Recommendation 816 (1977) on the right of conscientious objection to military ser vice, and also Recommendation No. R (87) 8 of the Committee of Ministers regarding conscientious objection to compulsory military ser vice. It notes that the exercise of the right of conscientious objection to military ser vice has been an ongoing concern of the Council of Europe for over thirty years. 2. The right of conscientious objection is a fundamental aspect of the right to freedom of thought, con science and religion enshrined in the Universal Declaration of Human Rights and the European Convention on Human Rights. 3. Most Council of Europe member states have introduced the right of conscientious objection into their constitutions or legislation. There are only five member states where this right is not recognised. 4. The position of conscientious objectors still differs considerably from one country to another, and differences in the law unfortunately result in varying levels of protection. The situation of conscientious objectors is there fore wholly unsatisfactory in member states that have recognised the right of conscientious objection. 5. The Assembly accordingly recommends that the Commit tee of Ministers invite those member states that have not yet done so to introduce into their legislation: i. the right to be registered as a conscientious objector at any time: before, during or after conscription, or performance of military ser vice; ii. the right for permanent members of the armed forces to apply for the granting of conscientious objector status; iii. the right for all con scripts to receive information on conscientious objector status and the means of obtaining it; iv. genuine alternative service of a clearly civilian nature, which should be neither deterrent nor punitive in character. 6. The Assembly also recommends that the Commit tee of Ministers incorporate the right of conscientious objection to military ser vice into the European Convention on Human Rights by means of an additional protocol amending Articles 4.3.b and 9.