The
Human Rights Defender of the Republic of Armenia, Ms. Anahit Manasyan,
considers problematic the provisions of the draft laws, which recommend to pay
18 or 24 million AMD to undergo military service for a period of 4 or 1 month,
respectively. In recent days, the HRDO staff has received numerous calls from
citizens regarding the above-mentioned recommendations.
The
draft regulations can form a serious social stratification, based on
individuals’ property status, and are actually a violation of the principle of
prohibition of discrimination.
Moreover,
citizens who are able to pay 24 or 18 million AMD, respectively, can serve for
1 or 4 months, while citizens who cannot pay this amount must fulfill their
constitutional obligation for a longer period of time, 24 months. As a result,
it turns out that people in the same status are being treated differently, and
the justifications of the draft do not in any way indicate that such a
differentiation has an objective justification and a aim that meets human
rights standards.
The
recommended regulation results in a more favorable treatment (reduced service
period) for a certain group of servicemen in exchange for money than for other
servicemen who have not paid the money. Serving for a shorter period in
exchange for money will lead to an unfair distribution of constitutional and
legislative obligations: servicemen with sufficient financial means will have
the opportunity to complete a shorter term of service, whereas those unable to
pay the specified amount will be obligated to serve a longer term.
From
the point of view of social justice, such an approach cannot be considered
acceptable. Servicemen must be free from discrimination on any grounds related
to human rights and freedoms. Moreover, it is impermissible to grant certain
privileges to individuals based solely on their property status—in this case,
the ability to pay 18 or 24 million AMD.
The
regulations recommended by the draft also contain risks from the point of view
of ensuring strong discipline in the army.
It is
undeniable that the protection and promotion of human rights in the army is, in
principle, difficult to imagine without strong discipline among servicemen.
In
this case, the question arises: have the risks been assessed, how will a strong
and high-level discipline be ensured among those servicemen, some of whom will
receive privileges in exchange for payment and will serve for a shorter period
of time than others? Will this not lead to the deepening of internal
contradictions and conflicts and non-statutory relations among the servicemen?
The
Human Rights Defender recommends to consider the issue taking into account the
constitutional and international obligations assumed by the state, as well as
to conduct broader public discussions on the recommended draft regulations.
Moreover,
the Defender recommends that the problems outlined in the draft justifications
should be addressed by the state through alternative, proportionate measures
that balance national security and human rights.
The
Defender will address all existing concerns regarding the drafts in more detail
to the competent state bodies.
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