Ombudsman of Armenia presents to Justice Minister his Recommendations on Draft Law “On making additions and amendments to the RA Law on Alternative Service”
The 3rd Article of the Draft Law “About making additions and amendments to the RA Law on Alternative Service” provides changes in time periods of alternative labour and military service defining 36 months for alternative labour service and 30 months for the alternative military service.
The Ombudsman welcomes the reduction in time periods envisaged by the current law; however, different deadlines for the same alternative service do not meet the positions of the Venice Commission, the Council of Europe and UN Human Rights Committee and create certain risk of discrimination. For that reason the Ombudsman recommends to define 30 months time period for the two alternative service methods.
The second part of the Article 10 of the Draft Law provides that the state body authorized by the Government of the Republic of Armenia organizes and supervises the implementation of the alternative labour service. Article 2 clearly specifies the composition of the Republican commission on the alternative service. The Ombudsman finds it necessary for the RA Government to clarify which state bodies the latter can authorize for carrying out organization and supervision of the implementation of the alternative service. According to the Venice Commission conclusion the participation of civic element is as well necessary to be ensured in the process of supervision of the alternative labour service. Moreover, the Venice Commission states that the military element should not be the majority in the body supervising the alternative labour service for not having a dominant position in it.
Head of International Cooperation and
Strategic Development Department
Staff of the Human Rights Defender
of the Republic of Armenia
Address: 56A Pushkin str, Yerevan, Armenia
Tel: (37410) 53 88 42; (37477) 36 11 49