General Council of the Antimilitarist Radical Association

Moscow, September 20 and 21, 1997

Special Motion

ON THE NEW LAW ON CONSCRIPTION AND MILITARY SERVICE

General Council of the Antimilitarist Radical Association held in Moscow on September 20 and 21, 1997 with participation of members of the State Duma, members of Russian Committee of Soldiers' Mothers, representatives of youth movements and human rights organizations,

emphasizes mass violations of human rights during the course of obligatory military service, testifies a deep crisis in Russian Federation's armed forces and states that there is a need to make changes in Russian legislation for acceleration of military reform in Russia.

We appeal to members of Council of Federation and President of Russian Federation demanding not to examine and not to sign the adopted by the State Duma text of draft law "On conscription and military service" because it contradicts to the norms of international law, Russian Constitution and violates seven federal laws and two President's decrees.

We urge to pay attention to the following:

1. Article 30 of the draft law fixes possibility to involve the draftees into warfares and armed conflicts on compulsory base, while President's Decree No. 723 (May 16,1996) establishes exclusively voluntary participation.

The tragedy of Chechen conflict must not be repeated, when thousands of soldiers and sailors were thrown by force into the fire of war, many of them perished or were crippled. Already now the 245th regiment of Mulino brigade are being prepared for sending to Tadzhikistan.

2. The obligation to perform military service, fixed in Chapter IV, Articles 1, 36, 38 and 51 of the draft law would prevent from realizing The President's Decree No. 722 (May 16, 1997) which prescribes "transition to the voluntary recruitment of soldiers' and sergeants' positions in Armed Forces and other troops of Russian Federation and abolition of compulsory draft to military service."

3. Articles 11, 12, 13 and 14 introduce compulsory military training of citizens and - in contradiction with Federal Education Law - provide changes of the state standards of general and professional education.

4. Article 23 of the draft law abolishes the right on exempting from military service a draftee, whose brother perished or died during performing compulsory military service.

5. Article 24 of the draft law violates the right of children on father's care, because it abolishes the respective delay for reservist officers (graduates of civilian colleges). It prevents them from fulfillment their constitutional duty to bring up children and forces them to commit the crime provided by the Article 156 of Russian Criminal Code (Nonfulfillment of duties on upbringing of minors).

6. Article 28 violates the constitutional right of every citizen to appeal directly to the court in case of his disagreement with decision of military enlistment commission.

7. Article 31 with its demand of "receiving summons against receipt" introduces an additional obligation not provided neither by international practice, nor by Russian Constitution to put their signature under a document. It allows militia to detain citizens illegally demanding their "arrival to the conscription actions."

We stress that now - as the previous time, when military service terms have been increased and a number of draft respites have been eliminated - militarists who have their epaulets under parliamentarian jackets do not scorn to violate parliamentarian rules, to shuffle and falsify the "untouchable" text of the law: the amendments which are supposed to be adopted, either are absent in respective articles, or their sense has been changed to directly opposite one, as it happened with the above mentioned compulsory sending of soldiers and sailors to warfare zone, as well as establishing of beginning of military service since departure from regional military commissariat instead of arrival a draftee to a district commissariat.

This list could be continued on many pages, to illustrate foremost free dealing with already adopted text of the law.

General Council appeals to Senators and President of Russian Federation to reject the draft law which violates rights of youth and prevents democratic development of Russian society.