by Janice Gallagher
November 2007

Carlos Andrés Hincapié, 18, had gone out to the store to buy eggs for his family’s breakfast when he ran into the military. They demanded his military identification card, certifying he had completed his service. He said he didn’t have one and didn’t agree with military service. He was immediately loaded onto the back of a military truck, and taken to the barracks. He could not call his parents, and the next day was whisked off for “training” several hours away.

Within two weeks, Carlos Andrés was engaged in active-duty military service. He signed a statement two months later certifying that he was a conscientious objector (CO). In return, the military began treating him harshly.

That was in August 2006. Today, Carlos Andrés is still in the military, and has been forced to serve despite his moral objections to the use of violence.

This case and hundreds of others have inspired a youth movement in Colombia that is challenging the state’s right to force participation in Colombia’s bloody civil war. In May of 2007, more than 70 youth from throughout Colombia, plus international supporters from seven countries, gathered for a week-long conference in which they debated, danced, organized, and educated others about the prospect of resisting military service based on a personal commitment to nonviolence.

Sandra Grisales, an Medellín-based organizer with the Red Juvenil, or Youth Network, explained, “We are here as a group of young people imagining that a different world is possible ... because we think the same way, and because we are celebrating our right to think freely. For me, injustice doesn’t help me at all, and I will not be part of continuing it.”

The reality for youth in Colombia today

In Colombia, forcibly recruiting youth to be involved in the 40-year civil war has been regarded as just another tragic effect of the armed conflict. Currently, all men over 18 must serve in the military unless they meet certain criteria or are able to buy their way out. If they are an only child, a displaced person, indigenous, a high school student, head of family, or physically incapable of serving, then they are legally exempt from service. However, since the most common form of “irregular” military recruitment entails rounding up boys at places where they meet – at schools, parks, or dance and billiard halls. Without an opportunity (or knowledge of their rights) to resist, many youth never have a chance to file for an exemption.

Those who don’t succeed in obtaining the coveted libreta militar, or military service card, are denied opportunities for education and employment. Without the libreta, one cannot graduate from university or get a job with any private or public company, leaving only informal or illegal sector employment open to them.

Since 1988, Colombian youth have been advocating for the recognition of conscientious objection. Their movement’s premises are simple: they want the right to say no to participating in Colombia’s cycles of violence. Their motivations are, of course, different, but as Katedrá, a member of the Villarica hip-hop group Soporte Klan said, “For me, liberty is the most important thing. I am awakened to do something in spite of all the difficulties we will face because today we are not free.”

The movement has grown over several years, hosting four national conferences and a June 2006 international conference. Their recent focus has been to build a legal strategy and to achieve a common purpose among a diverse CO constituency.

The May 2007 gathering opened with a huge “anti-militaristic” concert, and then participants told how they are creatively spreading the idea of conscientious objection in their communities. In Sincelejo, a CO group has successfully partnered with four local high schools; weekly classes now educate students about their rights in the face of recruitment. In Villarica, the Soporte Klan hip-hop collective sings, raps, acts, and dances about nonviolence and non-participation in the armed conflict. In Medellín, courageous young men have presented their declaration as COs to the local army brigade, putting themselves on the line in order to build a legal case and precedence for the legalization of CO status in Colombia.

Their hopes are diverse, but nearly all recognize that they face an uphill battle. Freed Molina, a declared conscientious objector from Sincelejo, said, “I know the struggle will be long, but I would like for conscientious objection to turn into a way of life ... I hope that the demilitarization we are advocating for isn’t only legal, but that it extends to all acts and creates a pacifist revolution in a person’s being.”

A legal right?

Despite a provision in the Colombian Constitution stating that “no one will be obligated to act against their conscience,” the Colombian Constitutional Court has ruled that there is no right to conscientious objection. While this has obviously closed doors in the Colombian legal system, it has led COs to look towards international law.

The United Nations has long recognized the right of conscientious objection to military service “as part of the right to freedom of thought, conscience and religion enshrined in both the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights.” In January 2007, the U.N. Human Rights Committee strengthened this affirmation in a decision that South Korea had violated Article 18 of the Universal Declaration on Human Rights by not providing for conscientious objection to military service for two Jehovah’s Witnesses.

Why is this new ruling important? Colombia signed and is thereby obligated to obey both the International Covenant on Civil and Political Rights and the Universal Declaration on Human Rights, and it recognizes in its constitution the legitimacy of international law over domestic law when they contradict. Colombian COs hope this opening will help them to more effectively pressure their government to recognize their right to conscience.

Clearly, there is little political will to achieve this change. In recognition of the need for a strong Colombian and international lobbying effort to push for this right, conference participants shared organizing strategies, developed ways for expanding their movement, and took to the streets to spread their message.

They have realized as a group how vital international support and pressure is to their movement, and are arranging for international trips for many of their members. They will be sending two Conscientious Objectors to the US in April of 2008, and are looking for people to host them and support their struggle for the recognition of CO status in Colombia. If you are interested or know anyone who would be, please send an email to FOR Bogota at presenciaparalapaz@igc.org