by Chris Hunter

Peace Media Service

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phone: +31-72-112545 / fax: +31-72-154180

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Peace Media Service on-line on APC nodes: peacemedia.news

January 1995

PM 59

An international seminar on conscientious objection took place near Moscow October 30 to November 6 - an intensive and enjoyable week looking at the challenges and problems of conscientious objection, alternative service and demilitarization in Russia. There were 65 participants, mainly young, from Russia, Ukraine, Estonia, Lithuania, Slovakia, Serbia, Hungary, Italy, Spain, France, Germany, Sweden, Belgium, Holland, Britain and the USA. The main organizers were Pax Christi Youth Forum and Quaker Peace & Service. The Russian groups involved were the Movement Against Violence, Independent Peace Service, and the Russian Peace Society. Pax Christi International also played a big role.

The first plenary session was a discussion whose speakers included: Leonid Ivlev, who heads an expert advisory board at the State Duma committee on Defense; Galina Sevruk, Irina Dobrokhotova and Irina Kuklina from the Soldiers' Mothers Committee; and Sergei Sorokin, chair of Movement Against Violence. They spoke about the political, economic and social climate in Russia today both in the army and in society. One was left with a bleak impression of Russia's present impredicament, but it provided an introduction to many of the themes to be explored in debth during the week, among them prospects for alternative service. Galina Sevruk spoke briefly about the draft law on alternative service. She, together with Nikolai Khramov and Anzhelika Chechina, have written a series of suggested alterations to the law.

The next morning the Russian conscientious objectors shared their personal experience. Oleg Astashkin, a Quaker, described his arrest, court case and the ensuing period of nearly eight months in prison. Pavel Zverev recounted his series of court cases which resulted in recognition of his right not to serve in the army. Alexei Ivanov talked about a similar ruling he received in a Moscow district court. The prosecutor later lodged a compliant, however, which led to the Moscow City Court overruling the decision. His case is now back at the district court.

Sergei Sorokin, who has defended conscientious objectors in court, described his work and the support he offers to COs, six of whom have been exempted from the army by civic court pending a law on alternative service.

In the following session Anatoli Mukhin reviewed the history of conscientious objection in Russia and the present situation in relation to the draft law on alternative service.

Discussion afterward focused on the question whether any CO law, even one with serious flaws, is better than no law at all.

The draft law on alternative service written by the Committee on Social and Religious affairs and the Defense committee of the State Duma has various shortcomings: the period of alternative service is 1.5 times longer than the maximum equivalent of military service; a young man applying for alternative service has to argue his case for CO before an Enlistment Commission which has authority to judge his motives; and basic labor rights (such as a period of paid leave) are not guaranteed.

Vitali Bagdanov, journalist for The Express Chronicle and member of the Movement Against Violence, warned that during its passage through Parliament amendments may be added which would make the law even less appealing. He argued that we should submit a law which we feel comfortable with, in the hope it would influence what is actually passed. A Spanish CO supported this argument, referring to the situation in Spain where a bad law was passed after years of struggle. As a result scores of young men have felt neither able to serve in the army nor could agree to alternative service and have gone to prison as total objectors.

This discussion continued throughout the week, in particular at meetings with Alexander Kalinin and Margarita Petrossian, members of the Duma committee on Social and Religious Affairs and authors of the draft law. Kalinin talked of the necessity for a law on alternative service, noting that at present conscientious objectors have no rights according to Russian legislature, despite the right to alternative service is granted in Article 59 of the Russian constitution.

Both Kalinin and Petrossian believe that the draft law on alternative service, although not ideal, is the optimal realistic variant in the present situation in Russia.

Petrossian explained that in the draft law, COs are not required "to prove their case for being COs, but to argue it." In addition, COs have the right to object to the decision of the Enlistment Commission within ten days; a decision would then be made in court.

Petrossian agrees with COs that ideally alternative service should be of equal length to military service, but pointed out that some members of the Defence committee discussing the law suggested it should be three times longer. Many in the military would prefer for there to be no law on alternative service at all. We expressed our concern that COs will have to argue their case before an enlistment commission prior to being granted the right to alternative service. Petrossian stresses that the Enlistment Commission would not be made up solely of military figures; around half would be civilian.

Petrossian is hopeful that the law will be passed during the next few months though implementation may take longer - within a year, she hopes. Kalinin was less optimistic and said that even if it is passed soon, the law may not be well implemented until the year 2000 due to bureaucratic factors and the military's resistance to cooperate.

Kalinin noted that in the summer 1994 over 70,000 men called up in the Moscow area did not report to the enlistment office. The chief reason is the appalling conditions in the army. Of 250 young men he interviewed who were refusing to serve, he regarded fewer than ten as conscientious objectors. A large percentage would be willing to take weapons and serve in the militia rather than the army.

On Friday 14 participants lobbied the Defense committee at the State Duma, expressing concerns about the draft law and suggesting changes. They were well listened to and received several reassurances, one of these being that military representatives on the enlistment commission would be minority.

Seminar participants formulated their own ideal alternative service law which was made public at a press conference in Moscow November 3. About 40 journalists and three central television news agencies participated with wide press coverage as a result. The resolution will be sent to the State Duma, the members of the Duma committee which wrote the draft alternative service law, the President's administration, and NGOs in Russia and abroad.

On our final day together we looked at ways to provide international support for Russian COs. Sergei Sorokin and I agreed to be contact persons to distribute information and invitations from western groups to Russian COs. It is hoped that a newsletter in Russian and English will be launched to keep Russian COs informed of each other's activities and those of COs in other countries.

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STOP PRESS / December 14: I have just had a call from Alexander Kalinin. This afternoon at 2 pm the draft law on alternative service passed its first reading in the State Duma: 266 voted for, 16 against, 25 abstained. It was a great surprise to Kalinin, and indeed to all of us, as it was expected that the events in Chechnya would overshadow it and cause its delay until well into the New Year. In fact the absence of many of the law's potential opponents due to the war in Chechnya may be what made its passing possible!

Alexander Kalinin expects the main battle will occur at the second reading. Margarita Petrossian reports that within the working group, which consists of members of the Duma Committees on Defence and Religious & Social Affairs, there exists a high degree of unity. The head of the Duma Committee on Defense, Sergei Yushenkov, and the head of the working group and member of the Defense Committee, Evgeni Malkin, are seen as progressive and will support the law at its second reading. Other members of the Defense Committee however, in particular members of Zhirinovski's Liberal Democratic Party, are less likely to cooperate when they have studied the law.

This is the time when lobbying can be most effective. Letters concerning the length of the law, the power of the enlistment commission to refuse applications for alternative service, rights to paid leave, choice of field and geographical location of work would be helpful.

Letters should be addressed to: The Chairman of the State Duma Committee on Defense, The State Duma, Ulitsa Okhotni Riad 2, Moscow, Russia; and E.V. Malkin, Chairman of the Working Group on the Draft Law on Alternative Service (same address).

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Chris Hunter represents Quaker Peace & Service in Russia and is Moscow correspondent for Peace Media Service.

Note: Journalist Vitali Bogdanov, member of Movement Against Violence, has offered to e-mail or fax summaries of current information on human rights in Russia, particularly concerning the army, to any western group/individual requesting it. His e-mail address is chronicle@glas.apc.org, fax number +7-095-2645742.