Conscientious Objection a ‘Human Right’

Conscientious objection has been recognised by the United Nations as a human right protected by international law. Two South Korean conscientious objectors, imprisoned for refusing to join the army, had had their right to free expression of their religious beliefs violated, said the UN’s Human Rights Committee. It ordered the government to compensate them and ensure this does not happen again.

A full analysis of this case appeared in a briefing paper produced by the Quaker United Nations Office, Geneva. It is available for download from www.quno.org

For the first time the Human Rights Committee of the United Nations has unequivocally stated that conscientious objection to military service is a right protected by international human rights law.

The decision came about as the result of a case brought to the Committee by two South Korean conscientious objectors (COs). South Korea has compulsory conscription with no alternative for COs and the two men, both Jehovah’s Witnesses (who are pacifist), argued that their right to free expression of their religious beliefs was being denied.

After their case was rebuffed by every court in South Korea, the men, Yeo-Bum Yoon and Myung-Jin Choi, took their argument to the UN. On 3rd November 2006 the Human Rights Committee, which oversees and interprets the relevant treaty (the International Covenant on Civil and Political Rights(ICCPR)) stated that South Korea’s practice of denying any alternative to military service and imprisoning those who refused to perform it violated their rights under Article 18 of the ICCPR and ordered the Korean government to compensate the men and ensure that this does not happen again.

- Australia Yearly Meeting Secretary's Newsletter March 2007

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