Article 58 of the Constitutional Charter of the State Union of Serbia and Montenegro, which was adopted in August 2003 (European Union 30 March 2004), guarantees "the right to conscientious objection" (Serbia and Montenegro n.d.a).

The Charter on Human and Minority Rights and Civil Liberties also mentions conscientious objection in article 28: "[n]o one shall be obliged to perform military or other duties entailing the use of weapons contrary to his/her religion or conviction. Such a person may be called to perform appropriate civil duties, in accordance with the law" (Serbia and Montenegro n.d.b).

Alternatives to Compulsory Military Service

Sources indicate that conscientious objection is now recognized in Serbia and Montenegro and that there is an alternative to compulsory military service (Women in Black - Belgrade n.d.a; International Religious Freedom Report 2004 15 Sept. 2004). The adoption of a decree on alternative civil service is said to represent the "bridge" between military law and the Constitutional Charter of the State Union of Serbia and Montenegro (Women in Black n.d.b). Women in Black - Belgrade, an anti-war group, states that the military service decree was adopted on 5 September 2003 (ibid.), while the Council of Europe mentions its adoption on 27 August 2003 and its application as of mid-October 2003 (7 November 2003).

According to Forum 18 News, a publication of a Norwegian group that promotes implementation of article 18 of the Universal Declaration of Human Rights, between January and August 2004, about 1000 recruits chose civilian service (5 August 2004). While they had done so in the past, Jehovah's Witnesses did not report any conscientious objector detainees in 2003 (Country Reports 2003 25 Feb. 2004).

A 5 August 2004 article published by Forum 18 News states that: "[m]ilitary service or alternative service in Serbia and Montenegro is compulsory . Military service lasts 9 months. Civilian alternative service lasts 13 months and recruits can serve in 580 institutions made up of a variety of hospitals, asylums, NGOs and agricultural farms." However, according to Women in Black, the only NGO in which civilian service is possible is the Red Cross (n.d.b).

Unarmed military service is also an option for recruits (Women in Black n.d.b; Serbia and Montenegro 21 Jan. 2005). International Religious Freedom Report 2004 mentions that the "civilian service options complement the nonlethal options already present for conscripts who object to military service for reasons of conscience" (15 Sept. 2004). No information on the length of unarmed military service was found among the sources consulted by the Research Directorate.

Women in Black mentions that a soldier who has completed less than one-third of the military service can apply for civilian service (Women in Black n.d.b). However, the organization also states that the list of people who are being denied status as conscientious objectors includes gun permit holders or hunting club members, people who sell or repair weapons, workers in the military industry, army researchers, or people who have been convicted of violent criminal acts in the three years preceding the enlistment (ibid.). Civilian military service can also be discontinued for reasons that are contrary to the basis of the conscientious objection, such as violent behaviour (ibid.).

In providing more details on how to apply for civilian service, Women in Black suggests that applicants contact their respective military departments before being formally drafted; by doing this applicants are more likely to have their bid for conscientious objection status accepted (ibid.). Applicants can state the reasons for preferring civilian service and what duties they would like to perform outside the army (ibid.). A Ministry of Defence commission, "which is made up of a psychologist, a theologian, a doctor and two representatives of the military department," reviews the application (ibid.). The decision is made within 15 days of the application and the applicant has "15 days following the [receipt] of the decision" to appeal to the Ministry of Defence (ibid.). Women in Black sees as "major problems" the fact that the military departments often do not provide information to recruits on the various alternatives to military service and that civilian service, which is technically part of military service, is longer than the military service (ibid.).

During a conference organized by War Resisters' International in 2004, unidentified members of WRI's Serbian affiliate called for the country's Ministry of Protection of Human and Minority Rights to "react [to] reported cases of the violation of the human right to conscientious objection" (WRI 1 Feb. 2005). They also called on the ombudsman's office to defend this right if authorities interfered with the performance of civilian service (ibid.).

In a press release, the Ministry of Defence of Serbia and Montenegro mentions that there are "many favorable [regulated] options" to military service for citizens of Serbia and Montenegro living abroad (31 August 2004). The release also mentions that the plans to allow the payment of a sum of money in exchange for military service are in the beginning stages (Serbia and Montenegro 31 August 2004). The ministry is analyzing the results of the civilian service option (ibid.).

Minimum Age for Conscription

The Coalition to Stop the Use of Child Soldiers, which works to prevent the recruitment and use of children as soldiers, states in its Child Soldiers Global Report 2004 that the law provides that "males are eligible for conscription from the calendar year they turn 18 to the age of 27" (17 Nov. 2004). As reported by the armed forces, "[c]onscripts do not usually commence service until they reach 21, although a 'large number' ask to start earlier" (ibid.). However, according to the The World Factbook, the minimum age is 19 (13 Jan. 2005).

No information on a hierarchical order for conscription was found among the sources consulted by the Research Directorate.

Amnesty Law of 2001

For more information on the amnesty law passed in February 2001 and its application, please consult YUG36447.E of 4 April 2001. No indication as to whether it is still in effect was found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Coalition to Stop the Use of Child Soldiers. 17 November 2004. Child Soldiers Global Report 2004. http://www.child-soldiers.org/document_get.php?id=926 [Accessed 27 Jan. 2005]

Council of Europe. Office of the Secretary General. 7 November 2003. Serbia and Montenegro: Compliance with Obligations and Commitments and Implementation of the Post-Accession Co-operation Programme, Second Quarterly Report (July-October 2003) . http://www.coe.int/t/e/sg/Secretary-General/Information/Documents/Numerical/2003/SGINF(2003)38E.asp#TopOfPage [Accessed 26 Jan. 2005]

European Union. Commission of the European Communities. 30 March 2004. The Stabilisation and Association Process (SAP): Third Annual Report. "Serbia and Montenegro: Country Report." http://europa.eu.int/comm/external_relations/see/sap/rep3/cr_s-m.pdf [Accessed 26 Jan. 2005]

Country Reports on Human Rights Practices for 2003. 25 February 2004. United States Department of State. "Serbia and Montenegro." Washington, DC. http://www.state.gov/g/drl/rls/hrrpt/2003/27874.htm [Accessed 24 Jan. 2005]

Forum 18 News Service [Oslo]. 5 August 2004. Branko Bjelajac. "Serbia: Religious Freedom Survey, August 2004." http://www.forum18.org/Archive.php?article_id=387 [Accessed 24 Jan. 2005]

International Religious Freedom Report 2004. 15 September 2004. United States Department of State. Washington, DC. http://www.state.gov/g/drl/rls/irf/2004/35482.htm [Accessed 24 Jan. 2005]

Serbia and Montenegro. 21 January 2005. Ministry of Defence. "Press Statements." http://www.mod.gov.yu/english/saopstenja-e.htm [Accessed 24 Jan. 2005]

_____. 31 August 2004. Ministry of Defence. "Defence Ministry PR Department Statement ." http://www.mod.gov.yu/english/archive/statements/saopstenja_august2004-e.htm [Accessed 24 Jan. 2005]

_____. n.d.a. Constitutional Charter of the State Union of Serbia and Montenegro. http://www.gov.yu/document/povelja.pdf [Accessed 24 Jan. 2005]

_____. n.d.b. "Charter on Human and Minority Rights and Civil Liberties." http://www.gov.yu/document/povelja.pdf [Accessed 24 Jan. 2005]

United States (US). 13 January 2005. Central Intelligence Agency (CIA). The World Factbook. "Serbia and Montenegro." http://www.cia.gov/cia/publications/factbook/geos/yi.html#Military [Accessed 27 Jan. 2005]

War Resisters' International (WRI). 1 February 2005. Regional Conference on Conscientious Objection and Civilian Service "To Europe Through Conscientious Objection and Civilian Service," Sarajevo, 20-22 September 2004. http://www.wri-irg.org/news/2004/sarajevo-concl-en.htm [Accessed 1 Feb. 2005]

Women in Black - Belgrade. n.d.a "Activities of the Network of Conscientious Objection in the Period July - December 2003." http://www.wib-zeneucrnom-belgrade.org/english/objections/report01.htm [Accessed 26 Jan. 2005]

_____. n.d.b 'Report."http://www.wib-zeneucrnom-belgrade.org/english/objections/report02.htm [Accessed 26 Jan. 2005]

Additional Sources Consulted

Oral sources: Six oral sources from Belgrade (or with offices there) did not provide information within the time constraints of this Response: Center for Antiwar Actions (CAA) - Council for Human Rights, Helsinki Committee for Human Rights in Serbia, Institute for Balkan Studies, International Crisis Group (ICG), Lawyers' Committee for Human Rights (YUCOM), United Nations High Commissioner for Refugees (UNHCR).

Internet sources, including: Amnesty International (AI), Le Courrier des Balkans, Embassy of Serbia and Montenegro in Ottawa, European Bureau for Conscientious Objection, Government of Serbia and Montenegro, Human Rights Watch (HRW), Radio Free Europe/Radio Liberty (RFE/RL), Serbia and Montenegro Ministry of Defence, Serbian and Montenegrin Armed Forces, Tiker News Agency.