resources: legislation and policy

Published by the Quaker United Nations Office in November 2011, this short booklet reflects recent changes in international law and practice that indicates that recognition of conscientious objection to military service as a human right is now stronger than ever. The publication in available in English, French or Spanish.

Facts and figures about the UK armed forces including information on number of personnel, military spending, recruitment, terms of service, conscientious objection, job satisfaction, and risk of death, serious harm and pychiatric harm. All references are fully sourced.

Manual of Service Law (MSL) Version 2.0 January 2011
This manual replaced, with effect from 31 October 2009, the Manual of Naval Law, the Manual of Military Law and the Manual of Air Force Law. It is a guide to the legislation and subordinate legislation which was introduced in the Armed Forces Act 2006.

New legislation (from 22 July 2011) which grants under 18s the right to leave after a 'cooling off' period. Prior to this, discharge of 'unhappy minors' was at the discretion of the commanding officer.

This right is additional to an individual's Discharge As Of Right (DAOR) between the 2nd and 6th month of starting service.

Under 18s in all branches of the forces may now give 3 months' notice to leave (i.e. leave the regular service and join the Reserves) if they give notice in writing to their commanding officer any time before their 18th birthday. By mutual consent the 3 months' notice may be reduced. 

The recruit can change their mind about leaving if they do so within the notice period and they can still give notice later on.

Additionally, the legislation also allows adults the possibility of having their 12 month notice period reduced by up to 6 months as long as it is done within one month of notice being given. This is at the discretion of the commanding officer.

The Council of Europe Recommendation on Human Rights of Members of the Armed Forces lists rights and freedoms that should be respected and implemented in the Armed Forces, including that, members of the armed forces have the right to freedom of thought, conscience and religion; access to relevant information; the right to freedom of peaceful assembly and to freedom of association with others; and, enjoy the right to vote and to stand for election.

An independent report highlighting the risks posed to young people through joining the military, how young people from disadvantaged communities are targeted, how information available to potential recruits is often misleading and how the terms of service are complicated, confusing and severely restricting. The research found that a large proportion join for negative reasons, including the lack of civilian career options.

Tobias Pflüger, MEP

This publication gives a detailed overview of the right to conscientious objection in the countries of the European Union (including candidate countries), and as far as possible of practices regarding this right. It has become obvious that the situation regarding the right to conscientious objection within the European Union is not good. Most countries of the EU are far from conforming with the existing international standards: of the United Nations, the Council of Europe, or the European Parliament.

It looks at the situation country by county. For the UK it concludes that: 

• The regulations governing the right to conscientious objection are not in the public domain, and information is difficult to obtain by members of the public, and also by members of the Armed Forces.
• Decision making on an application for conscientious objection in the first instance is by the respective branch of the Armed Forces itself, and not by an independent body. Only the appeal body – the Advisory Committee on Conscientious Objectors – is an independent body.

The UK remains the only EU country to recruit 16 year olds into the military and one of very few EU countries to recruit 17 year olds. The UK has signed the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict yet there is evidence that the UK continues to target children from vulnerable groups and that safeguards to protect under-18s are not effective (see Child Soldiers Global Report 2008: United Kingdom).

The report of the UN Committee on the Rights of the Child: Concluding Observations on the UK (October 2008) asks that the UK “reconsider its active policy of recruitment of children into the armed forces and ensure that it does not occur in a manner which specifically targets ethnic minorities and children of low-income families”. It also recommends that the UK government review the limited discharge rights for child soldiers and “that parents are included from the outset and during the entire process of recruitment and enlistment.”

All these recommendations have been supported by the UK Parliamentary Joint Committee on Human Rights in their report on Children's Rights in November 2009.

Ask your MP to sign the EDM on Under-18s in the Armed Forces

That this House notes that 16 to 18 year olds currently entering the armed forces commit themselves to a period of four years beyond their 18thbirthday; further notes that after a period of six months they are unable to leave as of right; further notes that no other country in mainland Europe recruits at the age of 16; welcomes the recommendation of the Joint Committee on Human Rights in its report on children's rights that the UK adopts a plan of action for implementing the UN Optional Protocol to the Convention on the Rights of the Child; and urges the Government to implement the Joint Committee's recommendations and raise the age of recruitment to 18.