Belgium

According to the reply of the Ministry of Defence of Belgium to the Questionnaire about EBCO’s Annual Report 2020 (e-mail on 06/01/2021):

The coordinated military service laws of 30 April 1962 were suspended (not abrogated) by a law of 31 December 1992. However, the likelihood of this legislation being reinstated is highly theoretical.

In Belgium, the right of conscientious objection was first recognized in 1964 (Law of 3 June 1964 on the status of conscientious objectors). This right is now regulated by the coordinated laws on the status of conscientious objectors of 20 February 1980.

The Belgian Constitution (Coordinated Constitution of 17 February 1994) does not include an explicit and specific provision, in Title II "Of Belgians and their rights", which would recognize a right to conscientious objection. It can, however, be seen as a right derived from other rights and freedoms, which are enshrined in the Constitution. Thus, the right to freedom of thought, conscience and religion, as set out in article 19 of the Constitution ("Freedom of worship, freedom of public practice, and freedom to express opinions in all matters are guaranteed, except for the punishment of offences committed in the exercise of these freedoms").

Minimum age in peace time: In Belgium, the condition for voluntary enlistment is not linked to age but to compulsory education. Thus, "the applicant must, on the day he acquires the status of military candidate, have fulfilled the compulsory education as set out in the law of 29 June 1983 concerning compulsory education" (art.7 of the law of 28 February 2007 establishing the status of military personnel and military candidates in the active service of the Armed Forces). Compulsory education ends in the year in which the minor reaches the age of eighteen.

In case of compulsory mobilization: Article 1 of the coordinated military service laws of 30 April 1962 set the minimum age of enlistment at 19 years. This legislation is not currently in force.

In war time: Professional soldier: A military candidate who is under 18 years of age in war time loses his/her status as a military candidate (Article 21/1, 10°, of the law of 28 February 2007 establishing the status of military personnel and military candidates in the active cadre of the Armed Forces).

Conscripts: Although military service laws have been suspended since 1993 as a result of the law of 31 December 1992, the legal age for incorporating militia members into a recruitment reserve has been set at 18 years since 2013 (Law of 31 July 2013 amending the law of 28 February 2007 establishing the status of members of the active cadre of the Armed Forces and amending certain provisions relating to the status of military personnel). This reserve can only be called up for service in the event of war or when the territory is threatened.

The human right to conscientious objection is not recognized for the professional members of the military. Belgian legislation on conscientious objection applies to compulsory military service (militia), and not to regular or reserve members of the Armed Forces. Professional and reserve members of the Armed Forces may terminate their service/engagement according to the "ordinary" statutory rules applicable to them; therefore, there are no specific provisions for them to leave the Army on grounds of conscientious objection.

A refugee from Azerbaijan who has been in Belgium for 3 years, and who declares his motivation as conscientious objection to military service, appealed on 22^nd October 2019 against the rejection of his asylum claim a year earlier. EBCO Vice-President Sam Biesemans represented EBCO as an observer. In 2020 his appeal was rejected as well.