The Russia Journal

October 21-27, 2000

WHAT FATE FOR ALTERNATIVE SERVICE IN RUSSIA?

Many claim it's guaranteed in Constitution

By Vladimir Mukhin, the military correspondent for Nezavisimaya Gazeta

One of the ongoing discussions in Russian society that flares up from time to time is alternative military service. This debate has been going on for seven years now, ever since a draft law on the subject was drawn up and submitted to the lower house of parliament, the State Duma. Successive Dumas examined the draft law at their meetings on several occasions, but in the end, the previous Duma turned it down in spring 1999.

New attempts are under way, however, to pass a law on alternative service. Already in 1999, with the backing of Union of Right Forces (SPS), Duma deputy Yuly Rybakov drafted a new version of the law.

In the words of reserve Col. Gen. Eduard Vorobyev, a member of the Duma Defense Committee, the new version was democratic in spirit, but the old Duma didn't want to examine it because the government had given it an unfavorable assessment. But Rybakov won't give up and wants to amend the draft in line with the government's comments and reintroduce it to the Duma.

The federal executive authorities have also been active, drafting their own version of a law on alternative military service. The government is set to introduce the law to the Duma in the coming weeks.

"The deputies could end up facing the dilemma of which draft law [SPS or government] to examine, and then the debate would take off with new vigor," said Vorobyev, who headed a working group on the draft law in the old Duma.

Vorobyev sees five or six main points over which debate will probably center when the draft law comes up for discussion.

First is the question of whether religious or personal convictions should serve as justification for doing alternative military service. Second, will young men have to prove in some way that they hold, say, pacifist views, or will a simple declaration be enough? Third, will service be performed in the young man's home region or elsewhere in the country? Fourth, will alternative service be the same length as ordinary military service or longer? Fifth, will the Defense Ministry and other security ministries have any role in organizing alternative service? And finally, what should people doing alternative service be paid?

The SPS draft law contains very liberal provisions that would guarantee the rights and freedoms of young men doing alternative service. In practice, this means that a young man would do his service close to home, be adequately paid, and not serve too long, though the SPS draft law admits that alternative service should be longer than the two years required for military service.

It's hard to say to what extent the new Duma will support these ideas. Certainly, the old Duma, where the Communists had a majority, rejected the liberal law on alternative service. One of the most hardline of the communist-nationalists, Albert Makashov, even said that no law on alternative service is needed as it "could lead to the disintegration of the Army."

This kind of statement reflects the fear that everyone would want to do alternative service, and there would be no one left to serve in the Army. But military sociologists and officials at General Headquarters say these fears are groundless. Col. Viktor Kozhushko of the department responsible for organizing call up for military service said that with a carefully thought-out law on alternative service, only 0.5 percent of all young men eligible for military service would prefer alternative service. Kozhushko did say, however, that a very liberal law would probably lead to more young men wishing to do alternative service.

"We want a law on alternative service passed as soon as possible," said the head of the department responsible for organizing the call-up, Col. Gen. Vladislav Putilin. "But not much here depends on us. According to the Constitution, the Defense Ministry can't introduce laws. This is the government's prerogative, though, of course, we're not indifferent to the issue as it has an impact on the numbers of draftees available."

Putilin said that some young men cite the Constitution (Article 59, Point 3), which proclaims the right to do alternative service, as justification for trying to dodge the draft.

"The legal vacuum just creates chaos," he said. "Some judges clear charges against draft dodgers; others don't, but this all has no effect. The public is more and more aware of the need to solve this problem. The government and security ministries are seriously preparing for alternative service. The question now is, will our deputies take the issue just as seriously? That's what we don't yet know," Putilin said.