Document #1330220
IRB – Immigration and Refugee Board of Canada (Author)
According to an April 1997 Amnesty
International report, Out of the Margins: The Right to
Conscientious Objection to Military Service in Europe, "only
10% of those drafted [in Ukraine] actually enter the service" (55).
This is corroborated by a 12 May 1995 Vseukrainskiye
Vedomosti article, which states that "only 10 to 12 percent of
the draftees are called up to the Army." However, a 9 August 1994
Narodna Armiya article stated that "approximately 33
percent of the youth who came to draft commissions [in the 1994
spring draft] ended up in the troops."
The April 1997 Amnesty International report
provides a list of exemptions and deferments from military
service:
Article 18 of the Law on compulsory
military service in Ukraine states that in time of peace those
draftees can be exempted from military service who: 1/ are
recognized to be unfit for military service in time of peace for
medical reasons; 2/ are not drafted to military or civilian service
before the age of 27; 3/ are ordained and have a full time position
in one of the registered religious confessions; 4/ are living
abroad on a constant basis and do not have a permanent home in
Ukraine; 5/ have sisters or brothers who died or became handicapped
while serving in the army. Citizens who have graduated from
colleges of the Ministry of Internal Affairs of Ukraine and
continue to work within this system are exempt from military
service as well, as provided in the law. Postponement of military
service is granted for medical reasons, for reasons of professional
training, and for family reasons.
The new Ukrainian Constitution adopted in
1996 provides in Article 35(3) for civilian alternative to military
service on the basis of religious beliefs...The current law on
alternative service in Ukraine extends only to those who object to
military service on religious grounds (55).
The strategies employed for avoidance of
military service are medical reasons ("medical certificates are
often allegedly acquired through bribes"), failure to report to the
draft offices, entrance into graduate schools, or postponement for
family reasons (ibid.).
In addition, the 12 May 1995
Vseukrainskiye Vedomosti article states that the
possession of hard currency and sharing it with "military
commissariat employees" assists in the avoidance of military
service. Zerkao Nedel claims "there are many way to
'dodge' the Army. It is primarily students who have the right to
turn combat boots down" (26 Oct. - 1 Nov. 1996).
According to page 84 of V. Yarmak's entry
in the 1996 Conference of European Churches' Ukraine:
Conscientious Objection to Military Service - A Human Right,
"In conformity to Article 72 of the Criminal Code of Ukraine
objection to military service/usually interpreted as evading/is
punished by imprisonment from 1 to 3 years."
According to Zerkalo Nedeli, "the
Ukrainian Law 'On Administrative Responsibility' specifies a fine
for ignoring the 'sacred duty' [military service]. True, until
recently it was very symbolic - 60,000 karbovantsi. Currently, a
fine will be calculated starting with an untaxed minimum amounting
to 170 hryvnyas [H]" (26 Oct. - 1 Nov. 1996).
Information on the percentage of draft
evaders that is prosecuted and the average penalty they receive
could not be found among the sources consulted by the Research
Directorate. However, Zerkalo Nedeli states, "Last year,
20 people ended up behind bars for refusing to perform their public
duty [military service]...." (26 Oct. - 1 Nov. 1996).
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 to refugee status or asylum. Please find below the
list of additional sources consulted in researching this
Information Request.
References
Amnesty International. April 1997.
Out of the Margins: The Right to Conscientious Objection to
Military Service in Europe." (AI Index: EUR 01/02/97). London:
Amnesty International.
Narodna Armiya [Kiev, in
Ukrainian]. 9 August 1994. "1994 Conscription Activity Assessed."
(JPRS-UMA-94-037 9 Aug. 1994/WNC)
Vseukrainskiye Vedomosti [Kiev,
in Russian]. 12 May 1995. "Reasons Behind Army Draft Problems
Detailed." (FBIS-SOV-95-095 12 May 1995/WNC)
Yarmak, V. 1996. "Ukraine,"
Conscientious Objection to Military Service - a Human
Right. Bremen: Conference of European Churches.
Zerkalo Nedeli [Kiev, in
Russian]. 26 October - 1 November 1996. "Problems With Manning
Armed Forces Viewed." (FBIS-SOV-96-215 1 Nov. 1996/WNC)
Additional Sources Consulted
Amnesty International Report.
1994 - 1997.
Electronic sources: IRB databases,
Internet, NEXIS/LEXIS, REFWORLD, World News Connection.
Jane's Intelligence Review
[London]. December 1995 - April 1998.
Transition [Prague]. January
1995 - March 1998.
Uncaptive Minds [Washington].
Winter 1994 - Spring 1997.
Resource Centre country file on
Ukraine.
Four oral sources contacted did not
provide information on the requested topics.
Unsuccessful attempts to contact other
oral sources.