US embassy cable - 04YEREVAN1268

UNCLAS YEREVAN 001268 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR EUR/CACEN; DRL 
 
E.O. 12958:  N/A 
TAGS: PHUM, PGOV, AM 
SUBJECT:  ARMENIA'S ALTERNATIVE MILITARY SERVICE LAW: 
IMPLEMENTING REGULATIONS NOT YET IN PLACE 
 
REF:  YEREVAN 2439 
 
1. (U) Sensitive but unclassified.  Please protect 
accordingly. 
 
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SUMMARY 
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2. (SBU) The GOAM has not drafted implementating 
regulations for its alternative military service 
legislation, which went into effect June 1.  The GOAM 
delayed creating the regulations because the law is due 
to be amended in the current session of the National 
Assembly and because the current law states it will 
first apply to new draftees in Fall 2004.  The GOAM has 
not planned procedures for reviewing the cases of draft 
evaders or conscientious objectors currently in prison. 
End Summary. 
 
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REGULATIONS DELAYED 
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3. (SBU) Armenia's law on alternative military service 
came into force June 1, but the GOAM has not begun 
drafting implementing regulations.  According to an 
expert on the National Assembly's Standing Committee on 
Defense, National Security, and Interior, the 
commission to draft the necessary implementing 
regulations has not yet met.  Commission members knew, 
he said, that the National Assembly intended to amend 
the base legislation during the current session, which 
would invalidate any work done by the commission prior 
to that point.  He told us that the National Assembly 
would either consider the alternative military service 
amendments by the end of this session, June 9, or it 
would call a special session to complete the 
legislative agenda.  According to the expert, the 
members of the National Assembly Standing Committee on 
Defense, National Security, and Interior have already 
drafted the proposed amendments in conjunction with the 
Ministry of Defense.  He stated that the most important 
amendment would replace local draft boards with a 
centralized, special council, charged with adjudicating 
applications for alternative military service, and 
predicted that after adopting the proposed amendments, 
the GOAM would create a new commission to draft the 
implementing legislation. 
 
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NO HURRY 
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4. (SBU) Armenia drafts young men into the army twice 
yearly:  in the spring and in the fall.  Since the 
legislation states that the law will not affect 
draftees until Fall 2004, the Committee Expert stated 
that the GOAM feels no urgency to clarify procedures 
until that time. 
 
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UNADDRESSED ISSUES 
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5. (SBU) When the National Assembly drafted the 
alternative military service law, several human rights 
NGOs and the Jehovah's Witnesses objected that 
alternative service would last 18 months longer than 
the two-year military service (reftel).  None of the 
proposed amendments address this issue.  The 
alternative service law, as currently written, states 
that conscientious objectors in prison may apply for 
alternative military service.  Precisely how those 
conscientious objectors might apply, however, will only 
be clear once implementing regulations are in place. 
According to local NGOs, as of March 29, 2004, 20 
conscientious objectors were serving their sentences 
and three more awaiting trial. 
ORDWAY