Members of Amnesty International (AI) in Belarus are concerned about false reports
Svyatoslav Sementsov
false reports that the organization has publicly commented on a recent
case involving conscription into the military. While the details are
unclear, the story revolved around an exemption from military service
offered to Mr. Paluyan and the basis for that exemption. It appears
that Belarusian LGBT activists, and Mr. Paluyan himself, have
suggested that Amnesty International has a position on this case and
has commented on the same.
Amnesty International, in fact, has no position and did not make any
official statements on this case. The last time AI spoke on any issues
involving sexual minorities in Belarus was in 1994, in the course of
its campaign to repeal Article 119- 1 of the Belarusian Criminal Code
that criminalized consensual sexual intercourse between adult men.
AI does not consider a same-sex sexual orientation to be a psychiatric
disease or problem. [The American Psychiatric Association removed
homosexuality as a disorder from the "Sexual Deviancy" section of the
Diagnostic and Statistical Manual of Mental Disorders in 1973 (2nd
edition). In 1992, the World Health Organization replaced its
categorization of homosexuality as a mental illness. Several states
have since followed suit.]
Regarding exemption from military conscription, AI considers a
conscientious objector to be any person liable to compulsory
recruitment (conscription) for military service or registration for
conscription to military service who refuses to perform service in the
armed forces or any other direct or indirect participation in wars or
armed conflicts for reasons of conscience or profound conviction. AI
interprets 'reasons of conscience or profound conviction' quite
broadly. Such reasons may arise from religious, ethical, moral,
humanitarian, philosophical, political or similar motives.
It would seem that in this case, Mr. Paluyan was informed that he was
not required to serve in the army, rather than actively seeking
exemption himself. Furthermore, the reasons for his exemption are
allegedly due to his sexual orientation - which AI does not cite as a
'reason of conscience or profound conviction'. It would appear that
his exemption by the Belarusian authorities does reveal a degree of
institutional homophobia and whilst AI would not condone anything that
would exclude lesbians, gay men, bisexual or transgender people from
any institution, including the military, they should not have to join
an institution where such institutional discrimination would put them
at risk.
In Belarus there is no legal grounds for conscientious objection.
Where this is the case, AI calls for the right to object on grounds of
conscience to be formally recognized and for provisions to be made for
a non-punitive alternative civilian service. In keeping with
international standards, Amnesty International insists that all those
liable to conscription be given the opportunity to perform a civilian
alternative to service in the armed forces on the grounds of their
conscience or profound conviction. On this basis, Amnesty
International campaigns for the development of laws and procedures
which make adequate provisions for conscientious objectors.
Unfortunately, the fact that Amnesty International is not officially
registered in Belarus makes it easier for people with no connection to
the organization to make misleading statements and attribute them to
Amnesty International.
From 2002 to 2006, despite not being officially registered in Belarus,
the organization was recognized by the International Secretariat of
Amnesty International in London as a national structure of Amnesty
International. In 2006 its status was revised in connection with the
change of requirements for recognition by the International
Secretariat. The official registration of the organization in the home
country became a necessary requirement for recognition. Amnesty
International Belarus applied for registration in 2003 and 2005, but
has received only refusals from the Belarusian authorities. At the
moment Amnesty International in Belarus is represented by
international individual members. According to Amnesty International's
Statute, international individual members are not eligible to make
official statements on behalf of Amnesty International.
For the future, while writing about Amnesty International's activities
in Belarus, please refer to the real members of the organization or to
Amnesty International's campaigner on Belarus, Aisha Jung
(aj...@amnesty.org) and to Amnesty International's researcher on
Belarus, Heather McGill (hmc...@amnesty.org). You can also write to
me at: amnes...@gmx.net.
Yours faithfully,
Viachaslau Bortnik
International individual member, AI
Chair, AI Belarus, 2002-2006