Alternative military service based on religious beliefs in the Kyrgyz Republic (conscientious objection)

Conscientious objection to military service is based on the right to freedom of thought, conscience and religion, which is enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The right to conscientious objection to military service is not a right per se, since it is not explicitly mentioned in the UN international treaties, but it is generally characterized as a derivative right - a right stemming from the interpretation of the right to freedom of thought, conscience and religion. The UN Human Rights Committee, which monitors the implementation of the International Covenant on Civil and Political Rights, has interpreted the right to freedom of thought, conscience and religion and its application in relation to conscientious objection to military service. In its General Comment No. 22 (1993), it stated: “The Covenant does not explicitly refer to a right to conscientious objection, but the Committee believes that such a right can be derived from article 18, inasmuch as the obligation to use lethal force may seriously conflict with the freedom of conscience and the right to manifest one's religion or belief”. (para. 11) In the Kyrgyz Republic, if the performance of compulsory military service contradicts a citizen’s religion or beliefs, he shall have the right to replace it with alternative service. The grounds and procedure for the replacement of compulsory military service with alternative service are established by law (Article 54 of the Constitution of the KR). The main regulatory legal acts of the Kyrgyz Republic that establish the legal framework and regulate the procedure for conscription of citizens for alternative service, as well as the procedure for citizens to perform alternative service, are as follows: 1. Law of the Kyrgyz Republic “On Universal Military Duty of Citizens of the Kyrgyz Republic, on Military and Alternative Service” of February 9, 2009 No. 43 (hereinafter - the Law on Military Duty); 2. Regulations on the preparation and conduct of the conscription of citizens of the Kyrgyz Republic, approved by the Decree of the Government of the Kyrgyz Republic of December 18, 2009 No. 770 (hereinafter - the Regulations on the Preparation and Conduct of the Conscription); 3. Regulations on the procedure for the performance of alternative service by citizens of the Kyrgyz Republic, approved by the Decree of the Government of the Kyrgyz Republic of May 18, 2009 No. 306 (hereinafter - the Regulations on the Procedure for the Performance of Alternative Service).

What is an Alternative Service?

Alternative service is a type of service that is available to citizens of the Kyrgyz Republic as a substitute for compulsory military service, taking into account their religious beliefs, marital status or their wish to perform community service. The duration of alternative service is 18 months. (Article 1, paragraph 3 of Article 32 of the Law on Military Duty).

Who is eligible to perform alternative service?

According to Article 32 of the Law on Military Duty, a male citizen from 18 to 25 years of age who is not entitled to deferment from conscription or who has lost the right to deferment from conscription and who has not performed compulsory military service, shall be eligible to perform alternative service if:
a) he is a member of a registered religious organization whose teachings forbid the use of arms and service in the Armed Forces of the KR;
b) he belongs to a family in which, in addition to the conscript, there are four or more children under the age of 18 and the conscript is the eldest of the children;
c) he belongs to a family in which a parent is a disabled person of group I or II, and the conscript is the breadwinner in that family;
d) he has a parent or a sibling who became disabled during military service or later due to injuries, wounds, traumas (concussions) and diseases obtained while performing military service;
e) he has a parent or a sibling who died (deceased) during military service or later due to injuries, wounds, traumas (concussions) and diseases obtained while performing military service;
f) he has a wife and a child;
g) he is the only son in the family whose parents have reached retirement age;
h) he is the only son of a single mother (father);
i) he has a sibling under the age of 18 (or older than 18, but who is a disabled person of group I or II), who is dependent on a single mother (father), given that there are no other children in the family;
j) he is the only child in the family who has lost both parents;
k) he is fit for military service, but has not been sent to a military unit as part of a conscription order, and instead, has expressed in writing his wish to perform community service.

As is evident from the above list, the range of grounds for the substitution of compulsory military service with alternative service is quite extensive. However, the replacement of compulsory military service with alternative service on religious grounds is envisaged only for members of a registered religious organization whose teachings forbid the use of arms and service in the Armed Forces of the Kyrgyz Republic. Beliefs that are not related to membership in a religious organization and its teachings shall not constitute grounds for replacing compulsory military service with alternative service.

What is the procedure for conscription for alternative service?

The conscription of citizens for alternative service is held at the same time as for compulsory military service. Conscription for compulsory military and alternative service is announced twice a year (in March-May and September-November) in accordance with the Decree of the President of the Kyrgyz Republic.

With a view to implementing the Presidential Decree, the Cabinet of Ministers of the KR adopts a resolution, which approves the composition of the Republican Conscription Commission and provides appropriate instructions on the organization and conduct of conscription to the Ministry of Defense, the Ministry of Health and the Ministry of Internal Affairs. In turn, the aforementioned ministries issue a corresponding order in pursuance of this resolution.

Following the publication of the order of the Ministry of Defense, the orders for the conscription of citizens are announced by the heads of the district (city) military enlistment offices. (para. 75 of the Regulations on the preparation and conduct of the conscription).

Citizens subject to conscription for compulsory military and alternative service, upon receipt of a summons from the district (city) military enlistment offices, must appear at the enlistment office in which they are registered. The exact dates for the appearance of citizens at the enlistment offices are determined by orders of the district (city) military enlistment offices.

The summons is handed by officials of the district (city) military enlistment offices to a citizen in person or to his parents or spouse against signature, or at the place of work / study to managers or other persons responsible for the military registration activities of organizations. The summons must contain the purpose of the summons, the date for appearance and legal consequences of non-compliance by citizens with the requirements set forth in the summons. The summons shall be signed by the head or deputy head of the district (city) military enlistment office.

For the conscription of citizens, conscription commissions are established based on orders issued by the heads of state administrations in districts (towns/cities), which consist of: the chairman - the head of the district (city) military enlistment office; and members of the commission - a representative of the local state administration or local self-government body; a representative of the municipal (district) department of internal affairs; a senior doctor of the conscription commission and a secretary. The presence of all members of the conscription commission during its work is obligatory.

Further, the established district (city) conscription commissions take measures to organize a medical examination of conscripts. Taking into account the results of a medical examination, marital status, religious beliefs, a criminal record and the wish of a citizen, the conscription commission takes one of the following decisions:

  • call up for compulsory military service;
  • call up for alternative service;
  • grant a deferment from conscription for health and other reasons;
  • recognize a person as unfit for military service for health reasons in peacetime, as partially fit for military service in wartime, and enroll in the reserve;
  • recognize a person as unfit for military service and exclude him from the military register;
  • exempt from the performance of military duty in accordance with the requirements of the law.

A relevant decision is recorded in the book of minutes and notified to the conscript. A copy of the decision of the conscription commission must be handed over to the citizen upon his written application. In case of disagreement with the decision of the conscription commission, it can be appealed by a citizen to the Republican conscription commission, while the decision of the Republican conscription commission can be appealed to the court. (para. 3, Article 16 of the Law on Military Duty).

When can I submit an application expressing my wish to perform alternative service?

Regulatory legal acts that govern the procedure for conscription of citizens for alternative service do not include provisions on the procedure for the replacement of compulsory military service with alternative service prior to the conduct of the conscription.
The only reference to the application procedure can be found in paragraph 129 of the Regulations on the Preparation and Conduct of the Conscription, which states that citizens who are entitled and who have expressed their wish to perform alternative service, shall submit a written application to the district (city) conscription commission. However, the procedural aspects such as “at what stage a citizen may submit a written application, within what time limits, what are the procedures and time limits for the consideration of an application” have not been established.
However, based on the provisions of the Law on Military Duty and the Regulations on the Preparation and Conduct of the Conscription, a written application for the replacement of compulsory military service with alternative service can be submitted at the following stages:
i. initial military registration,
ii. military registration,
iii. and immediately prior to being conscripted.

i. Initial military registration:
According to Chapter 3 of the Regulations on the Preparation and Conduct of the Conscription, young men who turn 16 in the coming year shall be subject to initial military registration. The initial military registration is held annually in December of the current year and in January-February of the coming year.
Citizens shall be notified of the need to appear for initial military registration by orders of district (city) military enlistment offices. Orders must be issued annually no later than the 25th of November. Specific dates for the appearance of citizens for the initial military registration shall be specified in the summons.
The commission for the initial military registration of citizens studies the results of a medical examination, information on marital status, qualifications and education, and makes a relevant decision, which is recorded in the book of minutes.
Already at this stage, a citizen can submit a written application for the replacement of compulsory military service with alternative service, since the purpose of the initial military registration of citizens is to identify conscripts by the following categories:
- those fit for military service;
- those fit for military service, who is entitled to perform alternative service due to ... (religious beliefs, marital status, criminal record);
- those fit for alternative service for health reasons;
- those in need of additional medical examination;
- those unfit for military service for health reasons in peacetime, as partially fit for military service in wartime;
- those unfit for military service for health reasons with the subsequent exclusion from the military register;
- those fit for military service and who wish to enroll in military educational institutions.
Following the initial military registration, citizens shall be issued with a certificate against acknowledgement of receipt.
ii. Military registration:
Chapter 4 of the Regulations on the Preparation and Conduct of the Conscription establishes the procedure for the military registration of conscripts, which citizens of military age (18–25 years old) are subject to, if they:
a) have passed the commission for the initial military registration;
b) have arrived at their new place of residence, work or study from other regions of the country;
c) have been removed from the special register of the Ministry of Internal Affairs of the KR;
d) have not previously been registered in the military register of conscripts;
e) have acquired citizenship of the Kyrgyz Republic;
f) have previously been recognized as unfit for military service for health reasons, as partially fit for military service in wartime, but after undergoing a medical re-examination have been recognized as fit for military service.
The main objectives of military registration are to identify all citizens of military age residing in the serviced territory, determine their number and quality characteristics, as well as to ensure the orderly conduct of conscriptions of citizens for military and alternative service.
At this stage, a conscript can also submit a written application for the replacement of compulsory military service with alternative service, since the purpose of military registration is to identify conscripts by the following categories:
- those subject to conscription for compulsory military service;
- those subject to conscription for alternative service (on religious grounds);
- those entitled to perform alternative service (due to marital status);
- those recognized as unfit for military service for health reasons in peacetime, as partially fit for military service in wartime;
- those under 18 years of age on the day of conscription;
- those who have obtained the right to a deferment from conscription;
- those having been removed from the military register owing to their departure to a new place of residence or for other reasons within the country, for whom requests for the dispatch of personal files have not been received from the district (city) military enlistment offices at their new place of residence;
- those who have left their permanent place of residence without being removed from the military register;
- those against whom pre-trial proceedings in criminal or misdemeanor cases are pending, or a criminal or misdemeanor case is being considered by the court;
- those initially registered with military authorities in the current year.

District (city) military enlistment offices shall fill in a personal file for each conscript, and the latter shall be issued with a certificate of enrolment in the military register.
iii. Prior to being conscripted for alternative service:
According to paragraph 129 of the Regulations on the Preparation and Conduct of the Conscription, prior to being called up for alternative service, citizens must submit to the district (city) military enlistment office documents confirming their right to perform alternative service.
This part assumes that, based on the results of the initial military registration / military registration, as well as on the basis of a written application for the replacement of compulsory military service with alternative service on religious grounds, the conscript has been previously assigned to the category of conscripts eligible for alternative service, and now he needs to provide the relevant supporting documents.
It should be noted that the replacement of compulsory military service with alternative service on religious grounds is provided only for members of a registered religious organization, whose teachings forbid the use of arms and service in the Armed Forces (Part 2, Article 32 of the Law on Military Duty).
This means that the conscript must be a member of a religious organization, which must be registered in accordance with the procedure established by law, and its teachings must not permit the use of arms or military service.
However, there is an aspect here that requires clarification. Thus, the legislation of the Kyrgyz Republic provides for two types of state registration of a religious organization. The first is registration with the state body for religious affairs, which results in issuing a certificate of the established form, and the religious organization receives the right to carry out religious activities (in accordance with Article 10 of the Law of the Kyrgyz Republic “On Freedom of Religion and Religious Organizations in the Kyrgyz Republic”). And the second type is state registration as a legal entity, which can be obtained after registration with the state body for religious affairs (in accordance with para. 15, Article 10 of the Law of the KR “On State Registration of Legal Entities, Branches (Representative Offices)”).
The Law on Military Duty, while providing for membership in a registered religious organization as a basis for alternative service, does not specify the type of registration it is referring to.
However, according to paragraph 130 of the Regulations on the Preparation and Conduct of the Conscription, the conscription commission, after establishing the affiliation of a conscript to religious organizations, makes a decision on whether to call up the conscript for alternative service. Based on this provision, it can be concluded that a document confirming membership in a religious organization that has been registered with the state body for religious affairs is sufficient to establish the conscript's affiliation to the organization. In addition, the conscript must provide information on the fundamental beliefs of the religious organization, in which he is a member, confirming its unacceptability of military service and the use of arms.

 

What is the procedure for performing alternative service on religious grounds?

The procedure for performing alternative service is governed by the Regulations on the Procedure for Alternative Service. Thus, on the basis of the decision of the district (city) conscription commission on the conscription for alternative service, citizens are considered to be enrolled in alternative service and are referred to as servicemen performing alternative service. They are issued with certificates of servicemen performing alternative service. The duration of service is calculated from the day of conscription.

After the admission of citizens called up for alternative service, officials of the military enlistment office must:
- explain to servicemen of alternative service the procedure for performing alternative service, their rights and obligations;
- hand over certificates of servicemen performing alternative service;
- enter servicemen performing alternative service into the personal register;
- create a personal account for a serviceman;
- send to the executive bodies of local self-government persons (according to the name list) who have been conscripted on religious grounds, as well as persons who have expressed their wish to perform community service, in accordance with their place of residence.

A serviceman performing alternative service must:
- arrive as summoned at the military enlistment office by the specified date;
- within 10 days notify the military enlistment office of all changes in the place of residence, marital status;
- when changing the place of residence, arrive at the military enlistment office specified in the order for registration;
- perform community service as determined by the executive bodies of local self-government, and submit a quarterly report on the number of hours served to the relevant military enlistment office.

Alternative service on religious grounds entails the performance of 108 hours of community service for the entire period of service. For this purpose, servicemen performing alternative service shall be referred to the executive bodies of local self-government, which shall issue to the serviceman performing alternative service a certificate on the number of hours served and the work performed for submission to the relevant military enlistment office.

In addition to performing community service, a serviceman performing alternative service on religious grounds shall make a monetary contribution in the amount of 250 calculation indices to the national budget. Monetary funds are deposited during each quarter not less than 1/6 of the total amount of the monetary contribution.

In the event of non-payment or incomplete payment of monetary contributions by the end of the term of service, the decision of the conscription commission on conscription for alternative service shall be cancelled, and the serviceman performing alternative service shall be transferred to the register of conscripts. In this case, the amount of contribution paid shall not be refunded.

Servicemen performing alternative service on religious grounds who have successfully served the prescribed terms, performed community service and paid the established contribution in full, shall be dismissed from alternative service and excluded from the military register.

Sample Application

The Regulations on the Preparation and Conduct of the Conscription do not contain any application form, nor any set list of requirements for the application for the replacement of compulsory military service with alternative service on religious grounds.

Therefore, the proposed Sample Application has been drawn up taking into account the general requirements for such applications:

  • indication of personal information;
  • a statement of the reasons for submitting the application;
  • a brief statement of the circumstances;
  • a list of evidence;
  • A “I kindly request” section, where a request for the replacement is displayed;
  • signature and date;
  • a list of attached documents.

Sample Application for the replacement of compulsory military service with alternative service on religious grounds