A report by Ukrainian Pacifist Movement
Overview of general situation in Ukraine
From its introduction in 1991, alternative service in Ukraine by design was hardly accessible and limited to marginal number of religious objectors. National security and defense establishment, entrenched and intended to dominate in economy, education, politics and media, put enormous efforts into shaming people for draft evasion, making it costly informal corruption practice available only for the rich and privileged people, limiting and preventing introduction of any legal exemptions from military service, especially insisting on denial of any notion of human right to conscientious objection to military service. Absence of clear legal guarantees of the right to conscientious objection in time of national emergency, when this right is especially precious and must be strongly protected, become one of results of this uncompromising pressure for totality of military duty.
After beginning of Russian aggression against Ukraine in 2014 and subsequent partial mobilization some conscientious objectors were prosecuted for insisting on access to alternative service. Cases of acquittal by courts in that time are known. Furthermore, Ukrainian diplomats in 2018 submitted to OHCHR a promise of changes in legislation2, based on a draft law which was never supported by the government, never included into parliamentary agenda, and in 2019 was automatically withdrawn.
Russian full-scale invasion of Ukraine in 2022 and strong unconditional Western support of Ukrainian defensive war effort, on the one hand, and lack of all sorts of resources, especially human resources, for achieving ambitious goal to defeat Russia, as well as growing draft evasion, on another hand, make the military desperate and ready to coerce people for military service by any means, including radical limitation or denial of human rights. Military recruiters actively initiate criminal prosecution of those few who resist to all sorts of pressure, from sophisticated psychological and procedural to brutal physical, who insist on unwilling to serve despite all promises, threats and appeals to patriotism. It resulted in trending penalization of conscientious objection: the army insists on opening criminal investigations and subsequent convictions of conscientious objectors, and officers in charge of legal affairs testify in courts that conscription in time of mobilization could not be replaced with alternative service, which expectantly lead to guilty sentences considering almost universal trust in army (setting aside doubts in reliability of public opinion polls) and recognition of its leading role in country under martial law.
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