Elena Tonkacheva: The draft law on alternative civilian service should be public
Preparation of the draft law on alternative civilian service was to a large extent undertaken in response to the public request articulated by the human rights organizations.
This announced Elena Tonkacheva, the head of the Legal Transformation Centre “Lawtrend” to the EuroBelarus Information Service.
Let us recall that the draft laws “On alternative service” and “On self-regulated organizations” were included in the plan of draw laws’ preparation for 2013. It means that this year the prospective of an alternative civilian service in Belarus will probably become more clear and the notion of a “self-regulated organization” will become legislative first time in twenty years.
The questions of the alternative civilian service were raised by the Legal Transformation Centre for the public discussion several years ago. In 2009 Lawtrend initiated a launch of the campaign “For alternative civilian service in Belarus”. This campaign aimed at elaboration and adoption of the effective law, which should meet the best modern European practice as well as the further control of the realization of the law and promoting ACS.
According to the Article 57 of the Constitution of Belarus, “The procedure regulating military service, grounds and conditions for exemption from military service or its substitution by alternative service shall be determined by law”. Thus, the fundamental law doesn’t consider military service to be unconditional, as it permits the possibility of liberation from the military service or its substitution for the alternative. But there is no law on ACS up to now.
The fact that the draft law “On alternative service” was included in the government work plan for 2013 gives hope that a legal deficiency, which has been an obstacle for the realization of the constitutional rights of the citizens since 1994, will be corrected.
- We suppose that now it is crucially important to achieve public character of the draft law on alternative civilian service, - Elena Tonkacheva says. – As under elaboration process it got security label it hasn’t been presented before the public for broad debate. We believe that in 2013 a series of consultations with the publicity should take place. Lawtrend, on its part, will take active position to accomplish this right to the fullest.
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