A law entitled On Alternative (Non-Military) Service was adopted in December 1992 (Ukrainian News 2 Mar. 2004; see also Ukraine 18 Feb. 1999), and amended in February 1999 (ibid.). The law stipulates the criteria that conscripts must meet in order to avoid regular military service (Ukrainian News 2 Mar. 2004). Alternative service is administered by the Ukrainian Ministry of Labour and Social Policy (CPTI 6 June 2006).

Several media sources report that only those conscripts who belonged to a select group of religious denominations that "conform to the legislation, and whose confessional beliefs do not allow them to use arms and serve in the military force" were permitted to apply for alternative service as conscientious objectors on religious grounds (CPTI 22 June 2006; QCEA Apr. 2005; KHPG 13 Dec. 2002). Conscripts must submit a document from their religious organization that certifies that they are a member of that faith (RISU 27 Mar. 2006).

The law On Approval of Normative Legal Acts Regarding the Application of "The Law of Ukraine on Alternative (Non-Military) Service," or Resolution No. 2066/1999, lists the 10 religious organizations [translation] "whose doctrine does not admit use of weapons," including:

[translation]

1. Adventists-Reformists

2. Seventh Day Adventists

3. Evangelical Christians

4. Evangelical Christians-Baptists

5. "The Penitents" - the Slavic Church of the Holy Ghost;

6. Jehovah's Witnesses;

7. Charismatic Christian Churches (and churches assimilated to them according to registered statutes);

8. Christians of Faith Evangelical (and churches assimilated to them according to registered statutes);

9. Christians of Evangelical Faith;

10. Society for Krishna Consciousness. (Ukraine 10 Nov. 1999)

In a footnote in the official Ukrainian to English translation of this law, a translator from the Multilingual Translation Directorate, Translation Bureau, Public Works and Government Services Canada, explains that the official English name of Christians of Faith Evangelical (mentioned above) is the "Union of Christians of the Evangelical Faith - Pentecostals," but that the name listed above is a more literal translation from Ukrainian (ibid.).

In an article on the history of Ukrainian Pentecostals, the Lviv-based Religious Information Service of Ukraine (RISU) notes that the All-Ukraine Union of Christians of the Evangelical Faith - Pentecostals was revived in May 1990, but that "[t]here also exists the Union of Independent Communities of Christians of the Evangelical Faith - Pentecostals, and individual autonomous Pentecostal communities" (n.d.).

Further information indicating which Pentecostal denominations were or were not eligible for alternative non-military service in Ukraine could not be found among the sources consulted by the Research Directorate.

In November 2001, the Human Rights Committee of the Office of the United Nations High Commissioner for Human Rights (OHCHR) stated its concern that "conscientious objection to military service is accepted only in regard to objections for religious reasons and only with regard to certain religions, which appear in an official list" (UN 12 Nov. 2001, para. 20). The Committee suggested that Ukraine allow conscripts the right to conscientious objection irrespective of their religious denomination (ibid.).

In May 2006, the Ministry of Justice reportedly proposed a law that would widen the eligibility criteria for alternative service, allowing young men to perform alternative service because of moral convictions, and not only for religious reasons (RISU 12 May 2006; Ukrainian News 5 May 2006; UHHRU 7 July 2006).

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

Conscience and Peace Tax International (CPTI). 22 June 2006. "Submission to the 87th Session of the Human Rights Committee: July 2006 - Conscientious Objection to Military Service - Issues for the Task Force on State Reports." (Office of the United Nations High Commissioner for Human Rights Web Site) http://www.ohchr.org/english/bodies/hrc/docs/ngos/CPTI.pdf [Accessed 1 Nov. 2006]

_____. 6 June 2006. "Table 15: Administration of and Arrangements for Alternative Service (Part 2 of 2 Parts)." http://cpti.ws/cpti_docs/brett/tables/15_2.html [Accessed 1 Nov. 2006]

Kharkiv Human Rights Protection Group (KHPG). 13 December 2002. Inna Sukhorukova. "'Absence of a Law Does Not Free One from Its Execution' (A Proverb of the Soviet Times)." http://www.khpg.org/en/index.php?id=1039810833&w=Inna+Sukhorukova [Accessed 16 Nov. 2006]

Quaker Council for European Affairs (QCEA). April 2005. The Right to Conscientious Objection in Europe: A Review of the Current Situation - Country Report - UKRAINE. http://www.quaker.org/qcea/coreport/ukraine.pdf [Accessed 1 Dec. 2006]

Religious Information Service of Ukraine (RISU) [Lviv]. 12 May 2006. "Moral and Religious Convictions Are Grounds for Not Serving in Ukraine Army." http://www.risu.org.ua/eng/news/article;10188/ [Accessed 1 Nov. 2006]

_____. 27 March 2006. "Alternative Military Service in Ukraine Shortened." http://www.risu.org.ua/eng/news/article;9639/ [Accessed 1 Nov. 2006]

_____. N.d. "Pentecostals." www.risu.org.ua/eng/major.religions/pentecostals [Accessed 1 Dec. 2006]
Ukraine. 10 November 1999. Cabinet of Ministers of Ukraine. Resolution of the Cabinet of Ministers of Ukraine No. 2066/1999. On Approval of Normative Legal Acts Regarding the Application of "The Law of Ukraine on Alternative (Non-Military) Service." Translated from Ukrainian to English by the Multilingual Translation Directorate, Translation Bureau, Public Works and Government Services Canada.

_____. 18 February 1999. Act No. 437-XIV of 18 February 1999 to Amend the Act of 1992 on Alternative (Non-Military) Service (Text No. 86). (International Labour Organization NATLEX Web Site) http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_country=UKR&p_classification=03&p_origin=SUBJECT [Accessed 1 Nov. 2006]

Ukrainian Helsinki Human Rights Union (UHHRU). 7 July 2006. "V. Freedom of Thought, Conscience and Religion." Human Rights in Ukraine - 2005. Human Rights Organizations' Report. http://helsinki.org.ua/index.php?id=1152328020 [Accessed 1 Nov. 2006]

Ukrainian News Agency [Kyiv]. 5 May 2006. Oksana Torop. "Justice Ministry Initiating Alternative Service Based Not Only on Religious, but Also on Moral Convictions." (Factiva)

_____. 2 March 2004. Petro Bilian. "Parliament to Allow Conscripts to Perform Alternative Service in State and Communal Enterprises." (Factiva)

United Nations (UN). 12 November 2001. Office of the United Nations High Commissioner for Human Rights (OHCHR), Human Rights Committee. Concluding Observations of the Human Rights Committee: Ukraine. (CCPR/CO/73/UKR) http://www.unhchr.ch/tbs/doc.nsf/0/8a333186ee610edec1256afb0030f240?Opendocument [Accessed 1 Dec. 2006]

References

Oral sources, including: The Embassy of the Blessed Kingdom of God for All Nations (Pentecostal) [Kyiv], Pentecostal Assemblies of Canada [Mississauga].

Internet sites, including: Amnesty International (AI), Coalition to Stop the Use of Child Soldiers, European Bureau for Conscientious Objection (EBCO), European Country of Origin Information Network (ecoi.net), Forum 18, Freedom House, Human Rights Watch (HRW), International Helsinki Federation for Human Rights (IHF), Journal francophone d'Ukraïne [Kharkiv], Legislationline, Organization for Security and Co-operation in Europe (OSCE), Radio Free Europe/Radio Liberty (RFE/RL), Ukrainian Ministry of Defence, Ukrainian Ministry of Justice, Ukrainian Ministry of Labour and Social Policy, United States Department of State, War Resisters' International (WRI), World News Connection (WNC), Zerkalo Nedeli [Kyiv].