TNAG-1797-FCO40-2557-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 34

ered a criminal :, and are not >unishment for ounded fear of

i does not, on

a person may

›r desertion or nbat. He may, service is con- ng outside his 18 1g of (~: defi-

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rform military is, Lc. when a e would have genuine politi- ascience.

Il constitute a draft-evasion. is government iction. Where, does not wish ity as contrary draft-evasion n, in itself be

d on religious us convictions ccount by the try service, he aim would, of

>plicant or his is convictions.

ilitary service refugee status

should also be considered in the light of more recent developments in this field. An increasing number of States have introduced legislation or adminis- trative regulations whereby persons who can invoke genuine reasons of conscience are exempted from military service, either entirely or subject to their performing alternative (i.e, civilian) service. The introduction of such legislation or administrative regulations has also been the subject of recom- mendations by international agencies." In the light of these developments, it would be open to Contracting States, to grant refugee status to persons who object to performing military service for genuine reasons of conscience.

174. The genuineness of a person's political, religious or moral convictions, or of his reasons of conscience for objecting to performing military service, will of course need to be established by a thorough investigation of his personality and background. The fact that he may have manifested his views prior to being called to arms, or that he may already have encountered difficulties with the authorities because of his convictions, are relevant considerations. Whether he has been drafted into compulsory service or joined the army as a volunteer may also be indicative of the genuineness of his convictions.

C. Persons having resorted to force or committed acts of violence

175. Applications for refugee status are frequently made by persons who have used force or committed acts of violence. Such conduct is frequently associated with, or claimed to be associated with, political activities or political opinions. They may be the result of individual initiatives, or may have been committed within the framework of organized groups. The latter may either be clandestine groupings or political cum military organizations that are officially recognized or whose activities are widely acknowledged.25 Account should also be taken of the fact that the use of force is an aspect of the maintenance of law and order and may-by definition-be lawfully resorted to by the police and armed forces in the exercise of their functions. 176. An application for refugee status by a person having (or presumed to have) used force, or to have committed acts of violence of whatever nature and within whatever context, must in the first place-like any other appli- cation-be examined from the standpoint of the inclusion clauses in the 1951 Convention (paragraphs 32-110 above).

"4 Cf Recommendation 816 (1977) on the Right of Conscientious Objection to Military Service, adopted at the Parliamentary Assembly of the Council of Europe at its Twenty-ninth Ordinary Session (5-13 October 1977).

"A number of liberation movements, which often include an armed wing, have been officially recognized by the General Assembly of the United Nations. Other liber- ation movements have only been recognized by a limited number of governments. Others again have no official recognition.

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