Elena Tonkacheva: Law on alternative service is adopted. It’s time to start amending it

The content of the law adopted in second reading made the fears voiced by human rights defendants earlier real, notes the head of the Center for Legal Transformation “Lawtrend”.

Thus, on May 13 Belarusan parliamentarians adopted the draft law “On alternative service” in second reading. In November 2014 “EuroBelarus” Information Service has already introduced the assessment of the draft law from Elena Tonkacheva, the head of the Center for Legal Transformation “Lawtrend”, to its readers.

Today we have been talking with Elena Tonkacheva about the final document.

“Well, we need to congratulate Belarusan parliamentarians of this very convocation with the fact that finally direct constitutional norm has become secured by the special law. Deputies of this convocation have managed to make up for the legislative flaw – it were 21 years that the Belarusan citizens were deprived of the direct constitutional right to use alternative civil service. We need to emphasize that the adoption of the law on alternative civil service, likewise its elaboration, has been performed despite the will of the law enforcement departments and despite the goals that have been dominating in Belarusan state sector, but thanks to the initiative of civil society organizations. I am proud that the Center for Legal Transformation “Lawtrend” has basically developed the strategy with participation of some other NGOs, which led to the situation when authorities had to start elaborating of the draft law and even had to adopt it”, - Elena Tonkacheva said.

As to the content of the law, “unfortunately, we have to state that it is such state that the fears voiced by human rights defendants earlier real”.

The law, Elena Tonkacheva notes, doesn’t correspond to the progressive regulative norms of the analogous laws in other countries:

“I believe that it reminds the laws on alternative civil service and the concept of such service that we had thirty years ago, when only people with certain religious beliefs can lay claims to it. It directly contradicts the current concept, according to which it is enough for the citizen to state that he has these humanitarian goals that prevent him from taking arms, that pacifist principles are a part of his personality. And that allows a person to choose a different form of service. Unfortunately, Belarusan parliamentarians didn’t adopt such concept and stayed with the old one”.

“Now I think that the next long-term phase of work for the civil society is coming: to seek introduction of changes to the already adopted law re its humanization and extension of those who need to have a legal right to return social debt through honorary service”, - Elena Tonkacheva sums up.

According to the new draft law, only religious beliefs will serve as the grounds for alternative service. Inductees with non-traditional sexual orientation and convinced pacifists should either start believing or state that they are believers. They should personally write a statement that military oath and keeping arms contradict their religious beliefs.

Inductees can also do socially useful work at the health-care and social sphere institutions, housing and rural economies, forestry, in organizations dealing with territory development, construction, maintenance of roads and railway lines, in subdivisions of the Emergency Control Ministry.

Inductees without the higher education will be undergoing alternative service for 3 years, with the higher education – for 2 years.