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Q43.

Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?

43a. Policy

Score

SCORE: 50/100

Assessor Explanation

Assessor Sources

43b. Sanctions

Score

SCORE: NEI/100

Assessor Explanation

Assessor Sources

43c. Enforcement

Score

SCORE: 0/100

Assessor Explanation

Assessor Sources

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Relevant comparisons

This indicator has been marked Not Applicable. Albania does not have a consription policy [1].

This indicator has been marked Not Applicable. Albania does not have a consription policy [1].

This indicator has been marked Not Applicable. Albania does not have a consription policy [1].

No specific regulations or policies against bribery for avoiding compulsory conscription could be found. The Statute of Military Personnel does not mention such a rule. With regards to recruitment, Art. 18 states that the recruitment of the soldier only becomes final after an administrative investigation (1). No further information was provided on what this investigation includes. The armed forces have information about recruitment on their website, which also did not provide information regarding this issue (2). The only regulation that could be found was in the anti-corruption law, which prohibits bribery (3).

As has been outlined in question 43A, no regulation or policies of not accepting bribes for avoiding conscription could be found. Thus, no sanctions could be found in the Statute of Military Personnel (1) or the Military Justice Code (2). Art. 33 of the Anti-Corruption Law generally says that abuses while in office are punishable by imprisonment between two to ten years and a fine of 200,000 to 1,000,000 DA (3). It is not specifically linked to compulsory service.

No evidence in reports or articles could be found that sanctions are applied when bribery occurs; see the Statute of Military Personnel (1). There are neither regulations nor formal sanctions (2).

Bribery is considered an offence for all parties in the Criminal Code (Art. 318-323), as well as the 2014 Anti-Money Laundering Law. However, there is no specific policy about bribery to avoid conscription (1), (2), (3).

This indicator has not been assigned a score due to insufficient information or evidence.

According to the 1994 Military Law, crimes of “corruption”, theft, embezzlement, breach of trust and fraud (Art. 49) are considered common crimes, sanctioned by the civilian criminal law (Criminal Code and other legislation). Penalties for military personnel are increased by one third (1).

There are no reports on convictions for bribery to evade conscription.

This indicator has been scored Not Applicable. Military service in Argentina has been voluntary since 1994, following the death of Omar Carrasco during his military service. [1] Law 24,429 of Voluntary Military Service was approved on December 14, 1994, which defined voluntary military service as “the provision made by the Argentineans of their own choice by men and women, natives, by choice or naturalized citizens, for the purpose of contribute to national defense.” [2] The entry requirements for Voluntary Soldiers are: being a native Argentine citizen, by choice or naturalized, be between 18 and 24 years of age at the time of incorporation, have approved primary studies, pass the psychophysical exam, have legal authorisation from parents or guardians, if under 21 years of age, be of single marital status, being able to have children and/or legally in charge. They must also present the certificate of good conduct issued by the corresponding police. [3] [4]

This indicator has been scored Not Applicable. Military service in Argentina has been voluntary since 1994, following the death of Omar Carrasco during his military service. [1] Law 24,429 of Voluntary Military Service was approved on December 14, 1994, which defined voluntary military service as “the provision made by the Argentineans of their own choice by men and women, natives, by choice or naturalized citizens, for the purpose of contribute to national defense.” [2] The entry requirements for Voluntary Soldiers are: being a native Argentine citizen, by choice or naturalized, be between 18 and 24 years of age at the time of incorporation, have approved primary studies, pass the psychophysical exam, have legal authorisation from parents or guardians, if under 21 years of age, be of single marital status, being able to have children and/or legally in charge. They must also present the certificate of good conduct issued by the corresponding police. [3] [4]

This indicator has been scored Not Applicable. Military service in Argentina has been voluntary since 1994, following the death of Omar Carrasco during his military service. [1] Law 24,429 of Voluntary Military Service was approved on December 14, 1994, which defined voluntary military service as “the provision made by the Argentineans of their own choice by men and women, natives, by choice or naturalized citizens, for the purpose of contribute to national defense.” [2] The entry requirements for Voluntary Soldiers are: being a native Argentine citizen, by choice or naturalized, be between 18 and 24 years of age at the time of incorporation, have approved primary studies, pass the psychophysical exam, have legal authorisation from parents or guardians, if under 21 years of age, be of single marital status, being able to have children and/or legally in charge. They must also present the certificate of good conduct issued by the corresponding police. [3] [4]

Bribery is a criminal offence in Armenia and is regulated by the Criminal Code. Articles 311, 312, 313 address receiving, giving and mediating bribe accordingly. There is no separate policies or legislation for conscription related bribery offence, the sphere is regulated through the Criminal Code, and all the clauses addressing bribery equally refer to the offences occurring during the compulsory conscription period (if any) [1]. The new government has been quite clear in fighting corruption, bribery in compulsory conscription. From April-May 2018, and before, there were several reported cases of successful fighting against corruption during conscription drives [2, 3].

Article 311 of the Criminal Code addresses accepting bribery. Clause 1 of Article 311 anticipates paying penalties of 300-500 times of minimum wage or imprisonment for up to five years with the ability to hold some state positions being voided while within three years in the case of bribery for favourable treatment within the official’s scope of responsibilities. Clause 2 of Article 311 anticipates a punishment of imprisonment for up to seven years for accepting bribery for illicit activity [1].

Once a case of bribery is revealed, an appropriate Article of the Criminal Code is enforced. As the Special Investigative Committee reported on March 20, 2018, high-ranking officials were detained for accepting a bribe to illicitly free young men from compulsory conscription. An officer at the Investigative Committee was bribed to facilitate the procedures by the medical committee to recognize the young man fit for military service. Such cases are usually extensively discussed by media outlets [1, 2, 3].

Australia has not had compulsory conscription in place since 1972 [1]. As such, this indicator is scored ‘Not Applicable’.

Australia has not had compulsory conscription in place since 1972 [1]. As such, this indicator is scored ‘Not Applicable’.

Australia has not had compulsory conscription in place since 1972 [1]. As such, this indicator is scored ‘Not Applicable’.

The Criminal Code criminliases receiving and giving of a bribe (Article 311, 312) (1) however, despite this, cases of bribery continue in the country’s conscription system. The Criminal Code also penalises evasion without lawful grounds from an appeal to military service or from an appeal to mobilization with the purpose of evasion from serving in military (Article 321.1). This offence is punished by imprisonment for the term up to two years. The same act committed in wartime – is punished by imprisonment for the term from three up to six years (Article 321.2). According to the Article 335.1, evasion from military service by feigning illness, forgery of documents, or other deceit, as well as refusal from implementing duties of military service, is punished by the restriction on military service for the term up to one year or maintenance to disciplinary military unit for up to two years. The same acts committed in wartime or fighting conditions – is punished by imprisonment for the term from three up to five years. (Article 335.2).

According to the Country Reports on Human Rights Practices for 2017 United States Department of State, in 2017 “there was widespread belief that a bribe could obtain a waiver of the military service obligation, which is universal for men between the ages of 18 and 35” and “citizens also reported military personnel could buy assignments to easier military duties for a smaller bribe” (2).
Although one of the most problematic areas in Azerbaijan is compulsory conscription, there is still no clear strategy for the government to combat bribery in this system. Despite that giving/recieving bribes is prohibited, there are no clear mechanisms to enforece this law especially in the conscription process. Since 2014, the MoD has focused on improving the conscription process by introducing an electronic appointment system, to limit opportunities for bribery, whereby people pay to avoid being sent to more dangerous regions for their military service (3). Though bribery and corruption are still big problems, the system is better than it was pre-2014.

The Criminal Code penalises evasion without lawful grounds from an appeal to military service or from an appeal to mobilization with the purpose of evasion from serving in military (Article 321.1). This offence is punished by imprisonment for the term up to two years. The same act committed in wartime – is punished by imprisonment for the term from three up to six years (Article 321.2). According to the Article 335.1, evasion from military service by feigning illness, forgery of documents, or other deceit, as well as refusal from implementing duties of military service, is punished by the restriction on military service for the term up to one year or maintenance to disciplinary military unit for up to two years. The same acts committed in wartime or fighting conditions – is punished by imprisonment for the term from three up to five years. (Article 335.2).

According to Article 311 of the Criminal Code (2), receiving a bribe is called “passive bribery”. Bribe committed by an official for illegal actions (inaction) shall be punished by imprisonment for the term from five up to ten years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years. According to Article 312, giving a bribe is considered “active bribery”. Bribery or repeated bribery by an official for illegal actions (inaction) shall be punished by a fine ranging from two thousand to four thousand manats, or by deprivation of liberty for the term from four up to eight years.

When the State Service for Mobilization and Conscription was created in 2012, a number of staff members were arrested for corruption (1). In February 2015, Turan Information Agency, a Baku-based independent news agency, reports that a Deputy Chief doctor of the Sabirabad Central District hospital, who is also the head of the military medical commission tasked with conscription, was arrested for corruption, including allegedly taking bribes for deeming men unfit for military service (2).

More recently, in 2018, five officials from State Service for Mobilization and Conscription were fired from their job, because of erros made during conscription process (3). Further information was not fully disclosed. Experts interviewed for this research, believe that in general, the fight against corruption is not taken seriously (4,5) and, as such, bribery cases continue.

There is no compulsory conscription in Bahrain [1, 2]. As such, this indicator has been marked ‘Not Applicable’.

There is no compulsory conscription in Bahrain [1, 2]. As such, this indicator has been marked ‘Not Applicable’.

There is no compulsory conscription in Bahrain [1, 2]. As such, this indicator has been marked ‘Not Applicable’.

This indicator is marked ‘Not Applicable’, given that compulsory conscription does not occur in Bangladesh. Although Section 7 of the Army Act of 1952 [1] authorises the Government to declare any person(s) to be on active military service in times of emergency, this has, as yet, never been applied.

This indicator is marked ‘Not Applicable’, given that compulsory conscription does not occur [1].

This indicator is marked ‘Not Applicable’, given that compulsory conscription does not occur [1].

There is no compulsory conscription in Belgium. As such, this indicator is marked ‘Not Applicable’ [1].

There is no compulsory conscription in Belgium. As such, this indicator is marked ‘Not Applicable’ [1].

There is no compulsory conscription in Belgium. As such, this indicator is marked ‘Not Applicable’ [1].

This indicator has been marked Not Applicable, as there is no compulsory conscription in Bosnia and Herzegovina [1].

This indicator has been marked Not Applicable, as there is no compulsory conscription in Bosnia and Herzegovina [1].

This indicator has been marked Not Applicable, as there is no compulsory conscription in Bosnia and Herzegovina [1].

There is no compulsory conscription in Botswana [1,2]. As such, this indicator is scored ‘Not Applicable’.

There is no compulsory conscription in Botswana [1,2]. As such, this indicator is scored ‘Not Applicable’.

There is no compulsory conscription in Botswana [1,2]. As such, this indicator is scored ‘Not Applicable’.

The assessor found no evidence of policies or rules regarding the avoidance of compulsory conscription. The same rules about bribery stated in the Military Criminal Code apply in the situation stated in this question. According to one of the reviewers, there is constant scrutiny over the conscription process. Yearly, there are three times more conscripts than the capacity of the Armed Forces to enrol recruits to the military service. It is interesting to note that applicants that declare themselves as a volunteer for military service have priority to serve, and in the last two decades the ranks of enlisted soldiers have been completed with volunteers [1, 2]. The assessor found no evidence of bribery connected to avoiding compulsory conscription. What often happens is, and according to two interviewees that were conscripted in 2005 and 2009, it is widely known that if one knows somebody within the force, it is likely that there is undue influence to exempt certain citizens from compulsory conscription [3, 4].

The Military Criminal Code [1] establishes, for corruption cases, penalties of a maximum of eight years of imprisonment. There are no fines stipulated. Once prosecuted and incarcerated, the military will respond also for other associated crimes, for dishonouring the force and inevitably will be discharged and lose their rank. In some cases, he or she will also lose the rights to pension [2, 3].

It is not clear if these sanctions are applied at all, since ‘active’ transparency on the Military Court’s website does not offer this data [1]. In one of the reviewer’s experience, this is a very hard to assess, and in their own experience as well, the Military Superior Court is very opaque and does not react to questions/requests.

Comprehensive compulsory conscription is no longer in effect in Burkina Faso’s military, even though Article 4 of Law No. 038 (2016) has some language on compulsory conscription (1), stating that “all citizen of Burkina Faso are obliged, under some circumstances, to fulfil military service” (1). However, there is compulsory conscription for citizens under 30, before their appointment as civil servants (2). While evidence for the existence of a policy against bribery for avoiding compulsory conscription in the defence sector has not been found; the 2017-2019 National Action Plan against corruption, also known as Partnership for an Open Government (POG) of the Ministry of Civil Service, Employment and Social Welfare (MCSESW) (3), is definitely against bribery, including attempts to avoid compulsory conscription. No evidence of conscription-related bribery was found in the literature. However, bribery and corruption remain widespread.

As mentioned earlier, comprehensive compulsory conscription is no longer in effect in Burkina Faso Army. Law No. 038 (2016) makes no mention of it. Though Article 4 seems to refer to it, compulsory conscription does not exist anymore in practice. However, it still exists in the civil service. Possible sanctions are more likely to be those prescribed by the Penal Code, but they do not make reference to compulsory conscription (1), (2), (3).

This indicator has not been assigned a score due to insufficient information or evidence.

There is no evidence to show forced conscription into the military [1]. Therefore, this indicator is marked Not Applicable.

Female and male are brought to the military voluntarily, dependent on their education (high school graduation) and age (23-25) [3]. However, when it comes to general recruitment into the military, there is a high level of mistrust between the military and civilians [2].

There is currently no compulsory recruitment [1]. Therefore, this indicator is marked Not Applicable.

However, more and more, the government has requested that defence groups fight insecurity in different parts of the country. In the northern part of Cameroon, there are several self-defence groups supporting the military in fighting Boko Haram [2].

Since the independence of Cameroon, there has been no compulsory conscription [1] [2]. Therefore, this indicator is marked Not Applicable.

However, during competitive selection for the military, there is bribery, for which sanctions are hardly carried out [3].

There is no compulsory conscription in Canada. The Canadian Armed Forces is entirely professionally staffed (for both the reserve and full time forces) through voluntary recruitment. [1] [2] As such, this indicator is scored ‘Not Applicable’.

There is no compulsory conscription in Canada. The Canadian Armed Forces is entirely professionally staffed (for both the reserve and full time forces) through voluntary recruitment. [1] [2] As such, this indicator is scored ‘Not Applicable’.

There is no compulsory conscription in Canada. The Canadian Armed Forces is entirely professionally staffed (for both the reserve and full time forces) through voluntary recruitment. [1] [2] As such, this indicator is scored ‘Not Applicable’.

For recruitment, the principle of voluntariness prevails, and the compulsory mechanism represents only a subsidy used when quotas are not completed. Neither the recruitment law nor the associated regulations establish a specific policy to punish the use of bribery to avoid recruitment when the mandatory mechanism is implemented. Decree 2306 clearly states the following method for conscription:
a) The number of troops required is determined by the president; b) priority is given to volunteer men and women who are added to a list of people who wish to join the army; and c) if the number of volunteers is insufficient, then additional eligible men are recruited at random.

If the eligible person is selected at random, conscription is mandatory. Military officials and authorities are considered public officials and authorities and are also subject to general legislation when acting outside of their service or when the victim is not part of the military. They could therefore be sanctioned for committing passive or active bribery under the ordinary court. The specific act of bribing to avoid conscription is not classified under the law as an infraction [1, 2, 3, 4].

Penalties are established for evading mandatory recruitment or absence during the roll-calling, but there are no specific penalties associated with offences related to corruption or bribery. In addition, according to Articles 26, 72 and 73 of Decree 2306, there are some specified penalities for evading mandatory military recruitment, and these includes ineligibility from occupying any position within government for a determined period of time (unspecified). In some cases, a fine can also be applied in addition to suspension from eligibility for public service. The Penal Code also establishes sanctions for crimes and simple offences committed by public employees in the performance of their charges, and these apply to authorities in the defence sector. However, there are no penalties for evading recruitment through bribery [1, 2, 3].

Neither institutional nor press sources evidence the application of appropriate sanctions or punishments when bribery occurs [1]. In general, bribery does not seem to be a common practice in recruitment, in part because an important part of annual recruitment operates through the voluntary mechanism. This indicator has been marked “Not Enough Information.”

This indicator is scored ‘Not Applicable’ to reflect that there is no compulsory conscription in China.

This indicator is scored ‘Not Applicable’ to reflect that there is no compulsory conscription in China.

This indicator is scored ‘Not Applicable’ to reflect that there is no compulsory conscription in China.

According to the Recruitment Law, Law 1861 of 2017, which regulates compulsory conscription in Colombia, [1] non-compliance with recruitment obligations can lead to a series of sanctions and infractions to these public servant recruiters, to whom the criminal laws or the disciplinary regime of the Armed Forces apply. Decree 1797 of 2000 regulates the disciplinary regime of the Armed Forces with regard to very serious offenses related to the request and acceptance of commissions or gifts in money or in-kind, or the acquisition of goods and/or services by the Armed Forces. [2] It punishes officials for demanding money or handouts for official services they are required to fulfill by law. [2] For natural persons who try to prevent, obstruct, deceive, delay, bribe, or constrain the recruiting authorities, Law 1861 of 2017, stipulates that they will be sanctioned according to the Penal Code, but does not make explicit the type of sanctions that will be levied. There are also stipulated sanctions regarding non-presentation, after which, a fine equivalent to a legal minimum wage is imposed for each year of delay. [1]

The definition of bribery and/or corruption is not clear in the regulations, despite the fact that they acknowledge the existence of very serious offenses in relation to the requirement of giving or receiving money from third parties. Interviewee 3 mentioned that before the issuance of the 2017 Recruitment Law, there was a greater risk of corruption related to the falsification of military books through excess fees charging outside the real value of the procedure. [3] These networks worked with personnel within the Army to facilitate the procedures. [4] With the new Law and the opening of the website, www.libretamilitar.mil.co, citizens have direct access to the procedures and to a standardized form detailing transactions. Despite these advances, officials con still carry out illegal activities. [3] To avoid this situation, Directive 15 of 2015 was created, which seeks to monitor the form on an annual basis, in addition to the permanent revision of the identity numbers of the applicants, reducing the risks of corruption. The mobile application, “My Military Card,” has been available since 2018. [5] It aims to allow young people to issue their payment receipts and start the issuance process without having to go to the recruitment districts. For young people, this tool is very useful, since it reduces the time for completing the process and avoids contact with processors who can cheat them in the process, thus reducing costs. [6] Finally, there are no related criticisms from other sectors such as civil society regarding the change of the conscription procedure and the implementation of technological tools for the issuance of the military passbook.

Article 59 of Decree Law 1797 (Disciplinary Code of the Armed Forces) stipulates the types of sanctions that exist for uniformed officers who commit offences: (i) “Absolute separation of the Military Forces,” applicable to those who commit serious misconduct and the inability to hold public office for 5 years; (ii) “Suspension for up to ninety (90) days,” applicable to those who commit serious or serious offences. [1] Although the application of any of these sanctions in cases of receipt of bribes is not explicitly mentioned, this offence falls within the conduct described as serious misconduct in Article 56 of Decree Law 1797 of 2000 and therefore these sanctions are understood to apply. However, bribery is considered a crime against the Public Administration under Chapter V of Title XIX of the Penal Code, which may also lead to 5-8 years in prison. [2] Despite the existence of legislation establishing sanctions against bribery, with criminal and disciplinary effects, this does not necessarily result in a quick and timely application of the regulations, due to lags between the judicial and disciplinary system. Criminal and disciplinary decisions can take up to 2 years to be reviewed, according to Interview 7. [3] In cases of bribery and bribery related to military conscription, there are no ongoing criminal or disciplinary proceedings, and there is little clarity regarding these deficiencies in compulsory military service. However, in 2019, multiple criminal investigations have been carried out on bribery cases within the Armed Forces, and individuals have been disciplinarily and criminally sanctioned. [4, 5]

With regard to the application of sanctions in cases of bribery, Title XV, Chapter 3, of the Criminal Code [1] defines three types of bribery against the public administration: own bribery, improper bribery, bribery to give or offer. For all three cases there is a prison penalty of between five and seven years, a fine of fifty to one hundred times the legal minimum salary, and disqualification from public rights and functions for five to eight years for public officials (including military personnel). For its part, the Military Criminal Code, [2] does not identify bribery as a crime, but it recognizes a series of penalties in the area of bribery. Regarding the application of the Penal Code, according to data from the Observatory of Transparency and Anti-Corruption, [3] from 2008 to 2017 3,176 sanctions were issued, 87% of the total crimes corresponds to crimes against the public administration, of which 51.15% relate to bribes. As for application of the rule in recruitment issues, there is no evidence in the press of sanctions imposed or punishments in cases of bribery. Crimes associated with conscription in Colombia also link to other practices such as “arbitrary arrests for recruitment purposes,” which are illegal and should be sanctioned. The United Nations Human Rights Committee has addressed this in a number of recommendations; and some researchers have mentioned the importance of articulating specific sanctions on this type of behavior by control bodies. [4] This type of behavior may also lead to the paying of bribes in order to free detaineed individuals who have been arbitrarily arrested. Interviewee 6 warns that in the face of corruption cases committed by officials of the defence sector, the current government has adopted a public narrative, according to which “the State is not guilty if it is not directly responsible for the action,” under which neither the knowledge omission nor allowing of third parties to knowingly carry out these actions is regarded as a crime. [5] This narrative influences disciplinary proceedings against officials linked to bribery cases and legitimises the misconduct of officials.

There is no compulsory conscription (service militaire obligatoire) in Côte d’Ivoire. Therefore, this indicator is marked Not Applicable.

There is no compulsory conscription (service militaire obligatoire) in Côte d’Ivoire. Therefore, this indicator is marked Not Applicable.

There is no compulsory conscription (service militaire obligatoire) in Côte d’Ivoire. Therefore, this indicator is marked Not Applicable.

Denmark has compulsory conscription for males at the age of 18 [1]. There is no legislation specifically concerning bribery offences in relation to compulsory conscription [2]. It should be noted that recruitment is actually solely based on volunteer conscripts (see Q43C) [3], so such legislation may be said to be irrelevant in the case of Denmark therefore this indicator is marked Not Applicable.

This indicator has been marked Not Applicable, as recruitment is actually solely based on volunteer conscripts. Bribery in the public sector is prohibited by the Danish Penal Code and will be prosecuted as a criminal offence [1]. Sanctions exist in law: both offering and receiving bribery are sanctioned by fine or jail of up to six years [1].

Research found no instances of bribery in relation to conscription [1]. Nor is bribery likely to occur in this area because Danish legislation allows conscientous objectors [2] while recruitment is almost solely based on volunteer conscripts (99.8%) [3]. Therefore, this indicator is marked Not Applicable.

Article 50 of the Military and National Service Law no. 127 (1980) sets out penalties (three to seven years) for attempting to avoid national or military service. Although it does not explicitly mention “bribery”, it mentions any form of “deceit” which should be understood to include paying/accepting a bribe (1). According to the same article, the same punishment applies to anyone who assists in this process (1).

As discussed in 43A, Article 50 of the Military and National Service Law no. 127 (1980) sets out three to seven years penalties for attempting to evade national or military service through “deceit” which should be understood to include paying/accepting a bribe.

It is very difficult to assess how this policy is enforced since most of the procedures are secret, and their results are not disclosed (1). It is well known that bribery (especially petty and in-kind briberies) and favouritism are used to improve the conditions of service by having more holidays, being transferred to a less remote area, among other perks (2). However, it is widely known that the armed forces take the issue of conscription very seriously, and would prosecute those who avoid it.

There is a general policy of not accepting bribes under any circumstances, including for avoiding conscription. Bribery in Estonia is considered a corrupt practice. Giving, accepting and arranging bribery is unlawful according to the Penal Code. [1] Accepting bribes is defined as a consent by an official to a promise of property or other advantages to him or her or third persons or acceptance thereof in exchange for using his or her official position. An official is obliged to refuse to accept a benefit or deliver it immediately to his or her agency or the person or body who has the right to appoint him or her. If delivery of the benefit is impossible, the official must pay the market value of the benefit instead. The delivered benefit or the value thereof in money shall be transferred into state ownership or returned, as stipulated by the Anti-Corruption Act. [2]

In Estonia, the suitability for conscription is evaluated by local medical commissions. The commission consists of doctors and officials from Defence Forces. The officials base their decision on the doctor’s evaluation and data. [1] Therefore, in theory, in order to illegally avoid conscription, only the local doctor could be bribed. Accepting, arranging or giving bribes is punishable by a pecuniary punishment or up to five years’ imprisonment. [2] In addition to that, those avoiding conscription will be also punished with a fine of up to 300 fine units (i.e. 1,200 euros) or by detention. [3] The law does not stipulate dismissal, even though this could be the result.

The only persons to bribe to avoid conscription are the doctors in Estonia and there are not many public examples where a doctor was bribed and punished for it. In recent years, only one highly public case is known of. [1] Even though the Central Criminal Police has brought up bribing doctors as an issue in their annual book, [3] there are no other known cases to deduce conclusions from. A neurologist and his son accepted bribes and, in return, diagnosed patients with made-up illnesses that would help them avoid conscription. The case was investigated by the Central Criminal Police. Both doctors who had accepted bribes were fined and the neurologist was asked to be dismissed from his position. The prosecutor applied to terminate proceedings of the criminal case on the basis of lack of “public interest”. The case received public attention and the doctor’s reputation was damaged. In two years, the Central Criminal Police has submitted 55 corruption cases to the Prosecutor’s Office. The head of the Corruption Crime Bureau stated that nevertheless, even after getting punished, individuals often continue with unlawful activities. [2]

Act on State Civil Servants, Chpt 4, Section 15 states: A civil servant may not ask or accept financial or other benefit, when it may decrease trust on the civil servant or the authority. [1]

The Criminal Code of Finland, Chpt 40, Section 1 states: If a public official, for his or her actions while in service, for himself or herself or for another, (1) asks for a gift or other unlawful benefit or otherwise takes an initiative in order to receive such a benefit, (2) accepts a gift or other benefit which influences, which is intended to in-fluence or which is conducive to influencing him or her in said actions, or (3) agrees to the gift or other benefit referred to in paragraph (2) or to a promise or offer thereof, he or she shall be sentenced for acceptance of a bribe to a fine or to imprisonment for at most two years. A public official shall be sentenced for acceptance of a bribe also if for his or her actions while in service he or she agrees to the giving of the gift or other benefit referred to in subsection (2) to another or to a promise or offer thereof. Sections 2 and 3 deal with aggravated acceptance of a bribe and bribery violation. [2]

Act on Military Service, chpt 13, provides rules about punishments towards conscripts who decline military service without applying to civil service, avoid draft, disobey in draft, try to avoid military service, or continuously fail to provide accurate personal information e.g. home address. [3] Act on Civil Service, Chpt 10 and Chpt 11, provide rules about punishments towards conscripts who break the rules of civil service or fail to fulfil the obligation to conduct the service. [4]

The Criminal Code of Finland, Chpt 16, Section 13 states: A person who promises, offers or gives to a public official in exchange for his or her actions in service a gift or other benefit intended for him or her or for an-other, which influences or is intended to influence or is conducive to influencing the actions in service of the public official, shall be sentenced for the giving of bribes to a fine or to imprisonment for at most two years. Also a person who, in exchange for the actions in service of a public official, promises, offers or gives the gift or benefit referred to in subsection 1 shall be sentenced for bribery. Section 14 is about the aggravated giving of bribes. [5]

Sanctions exist in law and this includes criminal prosecution/incarceration, dismissal, and considerable financial penalties.

The Criminal Code of Finland, Chpt 40, Section 1 states: If a public official, for his or her actions while in service, for himself or herself or for another, (1) asks for a gift or other unlawful benefit or otherwise takes an initiative in order to receive such a benefit, (2) accepts a gift or other benefit which influences, which is intended to in-fluence or which is conducive to influencing him or her in said actions, or (3) agrees to the gift or other benefit referred to in paragraph (2) or to a promise or offer thereof, he or she shall be sentenced for acceptance of a bribe to a fine or to imprisonment for at most two years. A public official shall be sentenced for acceptance of a bribe also if for his or her actions while in service he or she agrees to the giving of the gift or other benefit referred to in subsection (2) to another or to a promise or offer thereof. Sections 2 and 3 deal with aggravated acceptance of a bribe and bribery violation. [1]

Act on Military Service, Chpt 13, provides rules about punishments towards conscripts who decline military service without applying to civil service, avoid draft, disobey in draft, try to avoid military service, or continuously fail to provide accurate personal information e.g. home address. [2] Act on Civil Service, Chpt 10 and Chpt 11, provide rules about punishments towards conscripts who break the rules of civil service or fail to fulfil the obligation to conduct the service. [3]

The Criminal Code of Finland, chpt 16, section 13 states: A person who promises, offers or gives to a public official in exchange for his or her actions in service a gift or other benefit intended for him or her or for an-other, that influences or is intended to influence or is conducive to influencing the actions in service of the public official, shall be sentenced for the giving of bribes to a fine or to imprisonment for at most two years. Also a person who, in exchange for the actions in service of a public official, promises, offers or gives the gift or benefit referred to in subsection 1 shall be sentenced for bribery. Section 14 covers the aggravated giving of bribes. [4]

There are no reports of situations where appropriate sanctioning did not take place. In practice, avoiding military or civil service by bribing someone is difficult due to a number of people involved in the draft and in the later stages of the service, as well as due to the efficient monitoring and record keeping functions of the state.

Compulsory conscription doesn’t occur in France. President Jacques Chirac decided in 1997 to end the compulsory “service militaire”. The decision became effective in 2001. The French army has since been a professional army. [1] As such, this indicator is scored Not Applicable.

Compulsory conscription doesn’t occur in France. President Jacques Chirac decided in 1997 to end the compulsory “service militaire”. The decision became effective in 2001. The French army has since been a professional army. [1] As such, this indicator is scored Not Applicable.

Compulsory conscription doesn’t occur in France. President Jacques Chirac decided in 1997 to end the compulsory “service militaire”. The decision became effective in 2001. The French army has since been a professional army. [1] As such, this indicator is scored Not Applicable.

This indicator is marked ‘Not Applicable’ as conscription in Germany has been suspended since 2011 [1].

This indicator is marked ‘Not Applicable’ as conscription in Germany has been suspended since 2011 [1].

This indicator is marked ‘Not Applicable’ as conscription in Germany has been suspended since 2011 [1].

In Ghana there is no compulsory conscription (1). This indicator is marked Not Applicable.

Because there is no compulsory conscription, this indicator is marked Not applicable.

Because there is no compulsory conscription, this indicator is marked Not applicable.

Bribery offences in Greek Penal Code cover offering, giving, receiving, requesting and promising of any item of value to influence the actions of an official or other person in charge of a public or legal duty [1]. The same provisions apply in case of bribery for avoiding compulsory conscription.

Possible sanctions include criminal prosecution/incarceration, dismissal and considerable financial penalties for military and civilian personnel [1]. These sactions are for bribery in general and are not specifically related to bribery and conscription.

Appropriate sanctions and punishments are applied when bribery occurs, however there have been no recent cases [1]. In 2007, the Greek newspaper To Vima revealed a scandal involving officers and medical doctors accepting bribes [2].

Hungary suspended conscription on 3 November 2004 [1], as such this indicator is scored Not Applicable.

Though the de jure possibility of mobilizing the population for compulsory military service still exists in the constitution, in cases of national crisis or if a state of preventive defence is introduced [2], this option has not been enacted, nor used. De facto there has not been conscription in Hungary since 2004; hence, there is no compulsory conscription.

Hungary suspended conscription on 3 November 2004 [1], as such this indicator is scored Not Applicable.

Though the de jure possibility of mobilizing the population for compulsory military service still exists in the constitution, in cases of national crisis or if a state of preventive defence is introduced [2], this option has not been enacted, nor used. De facto there has not been conscription in Hungary since 2004; hence, there is no compulsory conscription.

Hungary suspended conscription on 3 November 2004 [1], as such this indicator is scored Not Applicable.

Though the de jure possibility of mobilizing the population for compulsory military service still exists in the constitution, in cases of national crisis or if a state of preventive defence is introduced [2], this option has not been enacted, nor used. De facto there has not been conscription in Hungary since 2004; hence, there is no compulsory conscription.

This indicator has been scored Not Applicable, as India does not have compulsory conscription. There has been debate on whether to introduce it to bridge the gap in numbers [1][2][3]. In 2018, compulsory military service for aspirants of government employment was being considered by the Department of Personnel and Training (DoPT) with recommendation from the Standing Committee on Defence. Chapter 1V, Recommendation (Para No. 9):

“The Committee had, in their Report presented earlier recommended for
providing five years compulsory military service to such aspirants wanting to directly join Central and State Government Gazetted services. In their response, the Ministry of Defence have submitted that this recommendation is still under consideration with Department of Personnel and Training (DoPT) whose response is awaited. Taking serious note of the perennial and alarming situation of shortage of Officers and PBOR in Armed Forces, the Committee opine that it is high time the Ministry consider their recommendation seriously and expedited the process of its implementation” [4].

India does not have compulsory conscription [1][2][3]. As such, this indicator has been scored Not Applicable.

India does not have compulsory conscription [1][2][3]. As such, this indicator has been scored Not Applicable.

This indicator is marked ‘Not Applicable’ as Indonesia does not have a regulation on conscription. In 2019, the issuance of the law on the Management of National Resources (UU PSDN), caused concern about the possibility of conscription [1]. This is due to a number of articles in the law that stipulate ‘state defence’ (bela negara) for civilians who wish to join the reserve components, one of the methods for which is through mandatory military training. The Minister of Defence at the time, Ryamizard Ryacudu, as well as some members of parliament, ruled out the interpretation of these articles as compulsory enlistment [1,2]. The plan to expand reserve components has been criticised for lacking in urgency and only adding a burden to the state budget [3]. The law has been criticised by civil society organisations and academia, with plans to submit the case for judicial review [4].

This indicator is marked ‘Not Applicable’ as Indonesia does not have a regulation on conscription. Sanctions are stipulated in Article 77 of the law on PSDN [1], which states that a reserve component soldier that is deemed to have intentionally failed to fulfil a mobilisation call can be sentenced to a maximum of four years in prison, while their accomplices can be sentenced to a maximum of two years in prison.

This indicator is marked ‘Not Applicable’ as Indonesia does not have a regulation on conscription. The implementation of the law on PSDN requires the issuance of 13 supporting regulations which are yet to be completed. The formulation of these supporting regulations, namely 11 government regulations (PP) and two presidential decrees (PP), has been led by the Directorate General of Defence Potential, Ministry of Defence [1]. The law still has not been implemented.

Conscription which can last up to 24 months, is compulsory for Iranian males aged between 18 and 40, although conscripts can start from the age of 16, there is a buy-out option, which is not illegal per se [1].
Conscription buyouts, like conscription itself, tends to fuel a major debate in Iran. Critics of the buy-out policy say it risks deepening a social divide in Iran between haves and have-nots. Conscription buy-out was reintroduced in the 2015-2016 budget, due to declining oil revenues [2].

In the government’s current budget proposal for 2019/2020, conscription buy-out was excluded. However, the budget has yet to be considered by Parliament, and according to the Iranian Students News Agency reporting on the words of Kamal Dehghani, the deputy chair of the Committee on National Security and Foreign Policy Committee, the Parliament “may reconsider the proposal to help the military meet its budgetary requirements for next year”. Dehghani explained, “Barring any objections from the government, the Majlis will include the proposal in next year’s budget. However, we won’t consider the plan if the government makes a strong case against it” [3].

Article 79 of the Armed Forces Penal Code refers to exemptions to conscription [4]. Bribery is not explicitly mentioned in the provision, but the law’s provisions also include those of the Islamic Penal Code, which covers bribery. Articles 590 to 592 of the Islamic Penal Code criminalize active bribery in the form of giving, but there is no mention of a promise or offer [5].

Article 79 of the Armed Forces Penal Code [1] refers to exemptions to conscription. If an exemption certificate is not obtained, sanctions are applied. Possible penalties include up to five or six years imprisonment and a substantial fine. Bribery is not explicitly mentioned in the provision, but the law’s provisions also include those of the Islamic Penal Code, which covers bribery.

This indicator is marked as Not Applicable, as no evidence was found of bribery occurring, as those who can afford it, seem to opt for the buy-out exemption. Furthermore, no evidence was found of sanctions being applied when bribery occurs [1, 2, 3].

In March 2016, Iraq’s MoD proposed a draft compulsory conscription law, which, as stipulated within local press coverage, was submitted to the House of Representatives for discussion and ratification (1). The justification, as the ministry declared, is for the eventual elimination of sectarian military quotas. The fact that it was never ratified, is evidence of the fact that military service is not obligatory in the new, post-ISG, Iraq.

There is currently no compulsory conscription service in Iraq.

There is currently no compulsory conscription service in Iraq.

Conscription in Israel is regarded by the majority of the Jewish secular and national religious as a rite of passage, an important part of life and an opportunity to prove themselves and acquire skills and status in society. According to the 1949 Israeli Security Service Law, conscription to military service is compulsory for all Israelis who turn 18. Only the ultra-Orthodox and Arab Israelis are exempt from mandatory military service (1).
The Israeli Penal Law 5737-1977 prohibits offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty (see Articles 290-297 of the Penal Law) (2). General Staff Directive 33.0112 “Gifts, Benefits, Donations, Fundraising and Fines” forbids a soldier from requesting or receiving gifts due to being a soldier, due to his position in military service or in exchange for an act done in the framework of his military service (3). This directive applies to all induction authorities. Regarding enforcement of these offences when concerning avoiding conscription, acts of bribery are enforced regardless of the specific goal as long as the bribe concerns an act in relation with a public official’s function. Bribery offences cover offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty (2). However, there is no clear and standalone policy on bribery in military conscription with the issue instead covered by the Penal Law and Staff Directives.

Sanctions include criminal prosecution/incarceration, dismissal, and considerable financial penalties (1) (2). There are few examples of bribery as part of military conscription processes with most bribery occuring at the the pre-selection stage where people pay for doctors or psychologists (also by marriage for women or “religiosity”) in order to become unfit for service (3) (4).

Sanctions or punishments are applied when bribery occurs (1) (2), still it seems that there are not many cases related to corruption in the area – only outside of the military service (e.g. psychologists who provided false documents etc.) (3) (4).

Compulsory conscription has been suspended in Italy by Law 226 of 23 August 2004 [1]. The law anticipated the suspension of conscription to the 1 January 2005, differently from what was originally foreseen by legislative decree n. 215/2001 [2]. This indicator is therefore marked ‘Not Applicable’.

Compulsory conscription has been suspended in Italy by Law 226 of 23 August 2004 [1]. The law anticipated the suspension of conscription to the 1 January 2005, differently from what was originally foreseen by legislative decree n. 215/2001 [2]. This indicator is therefore marked ‘Not Applicable’.

Compulsory conscription has been suspended in Italy by Law 226 of 23 August 2004 [1]. The law anticipated the suspension of conscription to the 1 January 2005, differently from what was originally foreseen by legislative decree n. 215/2001 [2]. This indicator is therefore marked ‘Not Applicable’.

This indicator is marked ‘Not Applicable’ as there is no compulsory conscription in Japan. The Japan Communist Party affiliated newspaper Akahata used the term “economic conscription” about a scheme discussed at the Ministry of Defence (MOD), about which the newspaper received information through a request under the Freedom of Information Act. If the scheme were adopted, students would receive a monthly scholarship while going to university and would commit to working for the Japan Self-Defence Force (SDF) for some time after graduation. [1] In an interview that he gave with Yomiuri newspaper in connection with the Japanese Constitution Day on May 3, 2017, Prime Minister Abe talked of the idea of adding a text about the Self-Defence Forces to Article 9 of the Constitution. The Japanese Government’s interpretation of the war-renouncing Article 9 has been that it allows Japan to have armed forces for the purpose of self-defence. [2] Critics have subsequently argued that such an addition to the Constitution would make it easier to later introduce conscription if the Government of Japan were to find that necessary. [3] Two years earlier, on July 30, 2015, Prime Minister Abe answered a question in the Special Committee on Peace and Security Legislation of the House of Councillors by stating that conscription would contradict the ban on involuntary servitude contained in Article 18 of the Constitution and would be clearly unconstitutional. [4]

This indicator is marked ‘Not Applicable’ as there is no compulsory conscription in Japan (see Q43A).

This indicator is marked ‘Not Applicable’ as there is no compulsory conscription in Japan (see Q43A).

This question has been marked as Not Applicable, as compulsory military conscription ended in 1992 in Jordan.

This question has been marked as Not Applicable, as compulsory military conscription ended in 1992 in Jordan.

This question has been marked as Not Applicable, as compulsory military conscription ended in 1992 in Jordan.

This indicator is marked ‘Not Applicable’, as at no point has the KDF ever needed to exercise conscription to fill positions. Recruitment is the main method of enlisting officers into the military. [1] No evidence was accessible to any policy that guides conscription to the KDF, including how the KDF would deal with cases of bribery for avoiding compulsory conscription.

This indicator is marked ‘Not Applicable’. There is no evidence of compulsory conscription into the Kenya Defence Forces, and there equally is no evidence of sanctions for avoiding consciption through bribery. [1]

This indicator is marked ‘Not Applicable’. The KDF provides no information about the enforcement of sanctions for bribery that may occur as officers try to avoid compulsory conscription. The KDF Act addresses general issues of corruption in section 124 but there is no specific reference made about bribery related to conscription. [1]

There is no compulsory conscription within the Kosovo Security Force [1]. Article 5 of the Law No. 06/L-123 on Kosovo Security Force (KSF) states that the KSF is a voluntary force [2]. Additionally, KSF members are citizens [2].

There is no compulsory conscription within the Kosovo Security Force [1]. Article 5 of the Law No. 06/L-123 on Kosovo Security Force (KSF) states that the KSF is a voluntary force [2]. Additionally, KSF members are citizens [2].

There is no compulsory conscription within the Kosovo Security Force [1]. Article 5 of the Law No. 06/L-123 on Kosovo Security Force (KSF) states that the KSF is a voluntary force [2]. Additionally, KSF members are citizens [2].

Military laws do not explicitly tackle corruption or bribery when it comes to avoiding compulsory military service, but they have strong broader mechanism that can punish all parities engaging in these practices (1).

Article 55 of the military trials law says that anyone who tries to avoid military service in any way could be sentenced to up three years in prison and given a fine of up to 990 USD, and article 57 says officers who attempt to extort money or any kind of favors out of their subordinates for any reason could be sentenced up to seven years in prison (2).

The mechanisms in place explicitly prohit accept any benefits or money in exchange for favors of any kind, which covers the issue at hand, albeit not explicitly. It is also important to note that Kuwait, arguably, does not need to address this issue given that avoiding conscription is not a major problem in Kuwait.

The punishments for these aforementioned crimes include considerable time in prison, but do not warrant dismissal on their own (1). The maximum sentence is for three years and it can also include a fine of 300 Kuwaiti dinar. The sentence is substantial enough to disuade people from commiting this crime.

It is unclear if sanctions are applied when bribery occurs. State auditors, journalists and activists did not know much about the matter (1, 2, 3, 4, 5). There are no credible media reports about this. The complete lack of information about the matter suggests that enforcement is weak, because these practices are common, according to the activists.

This indicator is marked Not Applicable as compulsory conscription was abolished in Latvia in 2007. [1]

This indicator is marked Not Applicable as compulsory conscription was abolished in Latvia in 2007. [1]

This indicator is marked Not Applicable as compulsory conscription was abolished in Latvia in 2007. [1]

This sub-indicator has been marked Not Applicable, as compulsory military service was abolished in 2007 (1) based on the provisions of Law No. 665 issued in February 2005 (2).

This sub-indicator has been marked Not Applicable because, since the abolishment of mandatory conscription in 2007, the LAF has become an all-volunteer force (1).

This sub-indicator has been marked Not Applicable, as Lebanon abolished compulsory conscription in 2007 (1). In this regard, enforcing sanctions or punishments for bribery to avoid conscription will not apply.

In March 2015, the Lithuanian government reinstated compulsory conscription. The Law on Compulsory Conscription does not include any specific rules related to bribery for avoiding conscription [1]. However, there are clear regulations in the Criminal Code both for evading military service and for active and passive bribery [2]: Article 314 of the Criminal Code, (“Evasion of a Draft into Mandatory Military Service”) and Article 316 (“Evasion of Military Service”) provide grounds for arrest and custodial sentences for up to three years; and Article 225 (“Bribery”), Article 226 (“Trading in Influence”), Article 227 (“Graft) for offering, receiving, or soliciting of any item of value (irrespective of whether it is material or not), address the notion of direct and indirect bribery, and that for one’s own benefit or for the benefit of other persons. Article 316 also indicates the possibility of punishment if a serviceman evades active military service by simulating an illness, forging documents or using other means of deception.
It should be noted, however, that bribery could occur when medical commissions are examining health of conscripts [3]. The sociological research “Corruption Map of Lithuania 2016” states that respondents (as many as 51 per cent) see health care institutions as corrupt [4].
According to the government reviewer, the major risks for corruption appear when asking permission is sought to postpone being conscripted due to the reasons identified in the Minister’s decree (health reasons, personal and family conditions, etc.).

As mentioned in sub-indicator 43A, while there is no specific policy on accepting bribes for avoiding conscription, the Lithuanian Criminal Code foresees disciplinary measures such as community service, fines, restrictions of liberty, arrest or custodial sentence for a term of up to 8 years, depending on the severity of the offence and the amount of the bribe [1]. For evasion of military service, a custodial sentence for a term of up to three years is foreseen (according to Article 316 of the Lithuanian Criminal Code). According to the Lithuanian Code of Administrative Offences, a financial penalty is set if a person does not complete compulsory conscription. He/she has to pay a fine and is still expected to serve [2,3].

Compulsory conscription was reinstated a few years back and so far there have been no cases of possible bribery. However, media coverage suggests that people who had been asked to serve sometimes did not show up. For example, in 2016, 1000 people did not show up at all once asked to serve. Administrative fines were issued [1]. Moreover, there is little evidence available on open sources that corruption is widespread for avoiding conscriptions. The Special Investigation Service investigated a case back in 2009 where health commissions took bribes to help citizens avoid military service [2]. In contrast, social surveys suggest (according to the Lithuanian Corruption Map 2016) that the health sector is among the most corrupt (seen so by 51 per cent of the respondents) and hence health commissions examining health of conscripts could be subject to more scrutiny.
The Lithuanian Criminal Code (articles 225-229) criminalises bribery, abuse of office and negligence in performance of official duties. It foresees disciplinary measures such as a prohibition on certain types of employment and sanctions of imprisonment of up to 8 years, depending on the severity of the offence and the amount of the bribe.

National Service (NS) was initially compulsory when it was introduced in December 2003. However, it was halted in 2015 and the programme was revamped to PLKN (National Service) 2.0 which accepted trainees on voluntary basis. The National Service programme has since been ultimately cancelled and there have been no more such programmes since. [1] As such, this indicator is scored ‘Not Applicable’.

National Service (NS) was initially compulsory when it was introduced in December 2003. However, it was halted in 2015 and the programme was revamped to PLKN (National Service) 2.0 which accepted trainees on voluntary basis. The National Service programme has since been ultimately cancelled and there have been no more such programmes since. [1] As such, this indicator is scored ‘Not Applicable’.

National Service (NS) was initially compulsry when it was introduced in December 2003. However, it was halted in 2015 and the programme was revamped to PLKN (National Service) 2.0 which accepted trainees on voluntary basis. The National Service programme has since been ultimately cancelled and there have been no more such programmes since. [1] As such, this indicator is scored ‘Not Applicable’.

In June 2016, parliament voted unanimously in favour of the government’s bill to reintroduce a form of conscription for the armed forces, the Youth National Service – Service national des jeunes (SNJ).¹ The obligatory service will apply to all Malian nationals between the ages of 18 and 35 and will last for 18 months. Six months will be devoted to basic training, ten months to professional training and two months in barracks, training centres and youth camps.¹ The programme will be gradually rolled out over the coming years, but the initial scope is modest: it envisages recruiting 2,000 people each year.² The programme is set to become operational in 2018, with the first 1,000 conscripts.³
However, the law that reintroduced conscription, Loi N°2016-038/ Institution du Service National des Jeunes (Establishment of Youth National Service), does not contain any provision outlawing the payment of bribes to avoid having to serve.⁴
There is a strong possibility that offenders would be deemed to have broken the Penal Code, which does outlaw the payment and receipt of multiple forms of bribery to obtain “favours” or “favourable decisions” by the authorities.⁵ The code specifically relates to public servants and those working in the private sector. It is unclear whether the code covers the unemployed. But it is highly likely that civil servants or business employees offering or paying bribes to avoid conscription could, theoretically, be prosecuted under the Penal Code.

The law that reintroduced conscription does not contain any provision outlawing the payment of bribes to avoid having to serve.[1] Thus, this law contains no sanctions for people who seek to escape military service by offering bribes.
However, Article 120 of the Penal Code states that civil servants, experts, health professionals and business employees found guilty of bribery to obtain “favours” or “favourable decisions” from state authorities can face from five to ten years imprisonment and a fine of twice the value of the approved promises or things received or requested, unless that fine would be less than 100,000 CFA.[2] It is unclear if the Penal Code applies in the case of attempting to avoid conscription.

The current programme of conscription has only just been reintroduced and the first batch of 1,000 recruits will only begin their national service in 2018.³ Thus, it is too early to tell whether the government will seek to sanction individuals who pay bribes to avoid conscription. More generally though, bribery is widespread throughout the public sector, indicating that the authorities do not implement the law when it comes to officials, particularly traffic police, who routinely solicit bribes.⁶ ⁷

In Mexico, Military Service is mandatory [1] and SEDENA is responsible for its organization. [2] However, there are no known policies or rules to combat bribery to prevent it. In this instance however, the general legislation on bribery would be applicable.

It is worth mentioning that among the procedures with the highest percentage of corruption experiences during 2017, the process of the military card is included, increasing from 12.9% in 2015 to 17.6% in 2017. [3] In this regard, SEDENA only recommends not giving money to any person for carrying out a procedure related to the National Military Service. [4]

The Military Service Law states that “every individual who intentionally, by himself or by an act of a third party at his request, becomes partially or totally useless in order to withdraw from the service of arms after having been enrolled in the lists of those who must being raffled to serve the asset, will be punished with the penalty of six months to one year in prison. The same penalty will be imposed on those who, at the request of another, render it useless for the indicated purpose.” [1] Likewise, the Code of Military Justice states that “officials and employees who, by themselves or through a third party, improperly request or receive money, or any other gift, to do or stop doing something fair or unfair, related to their functions will be removed from their employment and disabled for two years from returning to service.” [2]

It is not common to find information that shows that sanctions are applied to bribery cases. In fact, only one case was found in the media, the very mild penalty of which was 3 months in prison, a 30-day fine, dismissal and temporary disqualification, and a warning in order to avoid recidivism. [1] [2]

Mandatory conscription was abolished in Montenegro in 2006, hence this indicator is not applicable.

Mandatory conscription was abolished in Montenegro in 2006, hence this indicator is not applicable.

Mandatory conscription was abolished in Montenegro in 2006, hence this indicator is not applicable.

This sub-indicator has been marked Not Applicable because it is too early to declare whether there are known policies or rules against bribery for avoiding compulsory conscription. Compulsory conscription has been approved by the House of Representatives on December 28, 2018 (1)(2)(3). It was adopted by the Government on February 7, 2019, with mentions of the first class enrolling « in the autumn of 2019 ».

This sub-indicator has been marked Not Applicable because it is too early to declare whether there are known policies or rules against bribery for avoiding compulsory conscription. Compulsory conscription has been approved by the House of Representatives on December 28, 2018 (1)(2)(3). It was adopted by the Government on February 7, 2019, with mentions of the first class enrolling « in the autumn of 2019 ».

This sub-indicator has been marked Not Applicable because it is too early to declare whether there are known policies or rules against bribery for avoiding compulsory conscription. Compulsory conscription has been approved by the House of Representatives on December 28, 2018 (1)(2)(3). It was adopted by the Government on February 7, 2019, with mentions of the first class enrolling « in the autumn of 2019 ».

There are no policies or rules against bribery for avoiding compulsory conscription. According to Article 20(d) of the Constitution, the Defence Services has the right to administer for the participation of all people in the Union security and defence sector. Article 386 also states that every citizen has the duty to undergo military training in accordance with the provisions of the law and to serve in the Armed Forces to defend the Union [1]. The People’s Military Service Law of 2010 does not include any such policy of not accepting bribes for avoiding conscription [2]. Section 52 of The Defence Services Act covers corruption and bribery in general but does not directly address any policy against bribery for avoiding conscription [3].

The conscription law is yet to come into force and therefore sanctions for receiving bribes for avoiding conscription are not applicable in this context. However, there are widespread reports of forced conscription for forced labour in military operations, whereby porters must pay fees in order to be exempted from forced labour [1]. Section 52 of The Defence Services Act covers corruption and bribery in general but does not directly address any policy against bribery for avoiding conscription [2].

The conscription law is yet to come into force and therefore sanctions for receiving bribes for avoiding conscription are not applicable in this context. However, the military’s use of forced labour and brutality against porters is addressed in a joint report by Human Rights Watch [1]. However, Major General Zaw Min Tun denied the allegations, stating that the military has been ordered to avoid conscription and wages were paid to the laborers [2].

While conscription still officially exists in the Netherlands, compulsory attendance was suspended in 1997. This means that each person, upon turning 17, receives a letter to notify them that they have been registered, but they are not obliged to present themselves for service. Though the laws and systems of conscription still technically remain in place, there is no motivation for conscripts to bribe officials to avoid service [1]. This indicator is therefore marked ‘Not Applicable’.

While conscription still officially exists in the Netherlands, compulsory attendance was suspended in 1997. This means that each person, upon turning 17, receives a letter to notify them that they have been registered, but they are not obliged to present themselves for service. Though the laws and systems of conscription still technically remain in place, there is no motivation for conscripts to bribe officials to avoid service [1]. This indicator is therefore marked ‘Not Applicable’.

While conscription still officially exists in the Netherlands, compulsory attendance was suspended in 1997. This means that each person, upon turning 17, receives a letter to notify them that they have been registered, but they are not obliged to present themselves for service. Though the laws and systems of conscription still technically remain in place, there is no motivation for conscripts to bribe officials to avoid service [1]. This indicator is therefore marked ‘Not Applicable’.

New Zealand does not maintain a conscription policy. As such, this indicator is marked ‘Not Applicable’.

New Zealand does not maintain a conscription policy. As such, this indicator is marked ‘Not Applicable’.

New Zealand does not maintain a conscription policy. As such, this indicator is marked ‘Not Applicable’.

There are no known policies or rules against bribery for avoiding compulsory conscription.
Military service in Niger is compulsory under Article 38 of the Constitution (1). Generally, recruitment occurs once a year; openings are publicly announced on television or local radio. Every year the number of available places is predetermined on a regional basis in proportion with the size of the population. Given that the army provides a guarantee of employment, a career and a stable salary, it is more likely that bribery may occur to secure a position rather than avoid conscription. According to interviews, at the local level, in some circumstances, potential candidates may be asked to pass through elementary tests involving physical and school exercises (2).

Since there is no policy against bribery for avoiding compulsory conscription through bribery, there are no direct sanctions for it either. More broadly, the Military Penal Code (1) includes sanctions that would indirectly be relevant to this issue (see question 35 for details).

No evidence was found of such cases.

Conscription is not a feature of the Nigerian military (1). Therefore this indicator is marked Not Applicable.

Conscription is not a feature of the Nigerian military (1). Therefore this indicator is marked Not Applicable.

Conscription is not a feature of the Nigerian military (1). Therefore this indicator is marked Not Applicable.

This indicator has been marked Not Applicable. Over the period of 2006 – 2007, the Army of the North Macedonia became fully professional [1]. In May 2006, Parliament approved the ban on compulsory military service [2].

This indicator has been marked Not Applicable. Over the period of 2006 – 2007, the Army of the North Macedonia became fully professional [1]. In May 2006, Parliament approved the ban on compulsory military service [2].

This indicator has been marked Not Applicable. Over the period of 2006 – 2007, the Army of the North Macedonia became fully professional [1]. In May 2006, Parliament approved the ban on compulsory military service [2].

Norway has compulsory conscription. The Military Service Law §66 proscribes imprisonment from 3 months to 2 years for seeking to evade conscription to the military [1]. The Military Penal Code §35 specifies that it also concerns anyone who assists in it [2]. Neither the Military Law or the Military Penal Code mention bribery explicitly, but the aforementioned sections would apply to attempting to provide bribes in return for a waiver or to obtain undue advantage thereto. Bribery for avoiding compulsory conscription may also be prosecuted on the basis of the Penal Code §388 which defines aggravated corruption. The Penal Code specifies that bribery offences include offering, giving, receiving, or soliciting bribes [3]. Section 10.19 of the State Personnel Handbook 2020 provides guidelines for dealing with corruption by civil servants [4].

As there is no specific law relating to bribery in conscription situation, the corruption provisions from the Penal Code would apply. The Penal Code §388 proscribes a punishment of up to 10 years imprisonment for aggravated corruption, which can be distinguished from other crimes of corruption by, among other things, being carried out by or toward a public official [1]. The State Personnel Handbook 2020 mentions dismissal and other disciplinary sanctions for corruption and specifies that the issue should be dealt with independently of criminal prosecution [2].

The Norwegian Armed Forces have not registered any cases of bribery related to conscription [1, 2]. An online search of media outlets confirms that there is no indication of bribery related to conscription. Compulsory military service appears to be an attractive alternative to many young Norwegians, and every year only 13-14% of liable young people are drafted to military service [3]. It is also possible to seek exemption or postponement from military service based on conscientious objector status or due to medical, socio-economic, educational and work-related reasons [4].

This indicator has been marked Not Applicable, because there is no compulsory conscription in Oman. Despite renewed discussions around conscription this has not yet materialised (1), (2). There is; however, voluntary military service between the ages of 18 and 30, introduced to reduce unemployment (3), (4), (5). Because there is no compulsory conscription in the country, this question has been marked as NA.

This indicator has been marked Not Applicable, because there is no compulsory conscription in Oman. As there is no compulsory military conscription, there are no sanctions in place against bribery to avoid it (1), (2).

This indicator has been marked Not Applicable, because there is no compulsory conscription in Oman.As there is no compulsory military conscription, there are no sanctions in place against bribery to avoid it (1), (2).

This indicator has been marked Not Applicable, because there is no compulsory conscription in Palestine (1), (2).

This indicator has been marked Not Applicable, because there is no compulsory conscription in Palestine. It was never introduced in the past, and therefore, no legal framework or regulations that sanction this type of practice (1), (2).

This indicator has been marked Not Applicable, because there is no compulsory conscription in Palestine (1), (2).

This indicator is marked ‘Not Applicable’, since The Philippines does not have a conscription policy. Instead, it has a measure (Senate Bill 2232) that would mandate military training to Grades 11 and 12 students which is currently pending in the Senate [1]. Its counterpart proposal, House Bill 8961 – Reserve Officers’ Training Corps (ROTC) – has already been approved in the House of Representatives [2]. Lawmakers opposed to the proposed bill pointed out that the ROTC would be a violation of the United Nations Convention on the Rights of the Child [3, 4]. Following the death of a cadet over a hazing incident in 2001 [5], the ROTC was scrapped as a college requirement in 2002 [6]. It was replaced by the National Service Training Programme, which made military training just one of the components of the Civic Welfare Training Service offered to college students [7]. Back when ROTC was mandatory, corruption was rampant. Some students would pay their officers so that they would not have to complete the programme but would still receive a passing grade [8]. Another bill (the Civil Conscription Law) that would require mandatory civil conscription for the disaster and humanitarian service is also pending in the Senate [9].

The Philippines does not have a conscription policy, but a measure (Senate Bill 2232) that would mandate military training to Grade 11 and 12 students is currently pending in the Senate [1]. Therefore this indicator is marked ‘Not Applicable’.

The Philippines does not have a conscription policy, but a measure (Senate Bill 2232) that would mandate military training to Grade 11 and 12 students is currently pending in the Senate [1]. Therefore this indicator is marked ‘Not Applicable’.

Compulsory conscription was suspended in 2009 [1, 2], as such this indicator is Not Applicable.

Compulsory conscription was suspended in 2009 [1, 2], as such this indicator is Not Applicable.

Compulsory conscription was suspended in 2009 [1, 2], as such this indicator is Not Applicable.

There has been no compulsory conscription in Portugal since 2004 [1]. All armed forces branches operate via professional recruitment procedures [2]. As such, this indicator is marked ‘Not Applicable’.

There has been no compulsory conscription in Portugal since 2004 [1]. All armed forces branches operate via professional recruitment procedures [2]. As such, this indicator is marked ‘Not Applicable’.

There has been no compulsory conscription in Portugal since 2004 [1]. All armed forces branches operate via professional recruitment procedures [2]. As such, this indicator is marked ‘Not Applicable’.

In 2013 the Qatari government passed law No. 5 (2014), which reinstated compulsory military conscription. [1,2,3,4,5,6] There are specific policies and rules against evading military conscription, which could result in either a fine or imprisonment. However, there are no policies that specifically prohibit bribery in relation to avoiding compulsory conscription. There are some laws and regulations that prohibit bribery such as Law No. 11 (2004), relating to the penal code. [7] In addition to that, Article 127 of Law No. 31 (2006) prohibits bribery within the defence sector but does not specify bribes to avoid compulsory conscription. [8] Rather, the law states that officials may be deprived of their salaries if they are found to be involved in bribery. There is no policy against bribery for avoiding compulsory conscription, despite the fact that there are policies that prohibit bribery in general and that also apply to the defence sector.

The military conscription Law 5 (2018) indicates clearly that anyone who engages in unlawful actions related to military conscription is punishable by imprisonment for a minimum of one month and a maximum of three years and can be fined more than 300000 Qatari Dirham. [1]

This indicator has not been assigned a score due to insufficient information or evidence.

Law no. 5 (2018) on military service clearly states in the penal code section that any activities that hinder military service or conscription is punishable by law. [1]

There is no policy relating to avoiding compulsory conscription through bribery. The federal law ‘On Military Duty and Service’ does not mention such cases [1]. However, the national anti-corruption strategy, signed by the president on April 13, 2010 [2], the federal law ‘On Anti-Corruption’ signed on December 30, 2008 [3], the MoD anti-corruption plan [4] and the Criminal Code of the Russian Federation [5] cover bribery offences in general and for the defence sector in particular.

There are no sanctions for avoiding compulsory conscription through bribery. Specific references to compulsory conscription are only made in Article 328 of the Criminal Code of the Russian Federation ‘On dodging conscription’ [1]. It states that avoiding compulsory conscription is punishable by a fine of up to 200,000 rubles or up to two years in prison [1].

However, the general anti-corruption legislation includes the following punishment: a fine of up to five million rubles fine, 15 years’ disqualification or 15 years in prison (as detailed in the following Articles of the Criminal Code: Article 290 ‘On receiving a bribe’, Article 291 ‘On giving a bribe’, Article 291_1 ‘On mediation in bribery’, Article 291_2 ‘On petty bribery’ and Article 304 ‘On provocation of bribery, corrupt payment’). [2]

Every step of the conscription process has room for potential corruption. Bribery is wide-spread across the country, not only as a means of avoiding conscription [1,2,3,4] but, most recently, as a means of guaranteeing conscription (to be enlisted) [5]. The latter is very popular in Caucasian republics of Russia, where military service is publicly encouraged and enables people to apply for jobs in the public sector [6].

Sanctions for uncovered bribery are imposed in accordance with the Criminal Code Articles 290 ‘On receiving a bribe’, 291 ‘On giving a bribe’ or 286 ‘On abuse of office’ [7]. In practice, whenever a case of avoiding conscription through bribery is uncovered, the bribery is punished with a prison sentence [1,5] of up to eight years [4]. But the statistics show that not all cases are uncovered [2].

Saudi Arabia has no compulsory military conscription; therefore this question is not applicable (1), (2). According to our sources, although there is no specific law on accepting bribes in exchange for conscription, the anti-bribery law applies in this case, it prohibits and sanctions both parties (3), (4), (5).

As there is no military conscription in Saudi Arabia, this question is marked not applicable.

As there is no military conscription in Saudi Arabia, this question is marked not applicable.

Serbia suspended mandatory conscription in 2011 [1], as such this indicator is scored Not Applicable.

Serbia suspended mandatory conscription in 2011 [1], as such this indicator is scored Not Applicable.

Serbia suspended mandatory conscription in 2011 [1], as such this indicator is scored Not Applicable.

There are clear regulations as well as legislation against bribery for avoiding Singapore’s mandatory conscription for male citizens that are in line with the Ministry of Defence’s (MINDEF) and the government’s overarching anti-corruption policies, which call for punitive measures such as a fine of up to $100,000 or to imprisonment for a term not exceeding seven years or to both [1, 2]. Specific legislation on conscription also exists, including the Enlistment Act which outlines penalties for citizens who “fraudulently obtains or attempts to obtain postponement, release, discharge or exemption from any duty under this Act” [3].

The government has demonstrated its willingness and ability to impose sanctions on individuals who default on their conscription obligations, whether through bribery or other reasons. The severity of penalties is determined by the degree of the charges against the defaulter, with convictions in recent cases leading to various lengths of incarceration, depending on the length of default [1, 2].

There are clear regulations and legislation against bribery of public officials [1], events which would also attract the attention of independent organisations such as the Corrupt Practices Investigation Bureau (CPIB) [2]. Very few cases of Singaporeans avoiding conscription have been documented publicly, and in these cases, the individuals involved have been punished [3, 4].

There is no policy of conscription, as such this indicator is scored ‘Not Applicable’. As mentioned in the 2015 Index, conscription may be enforced during times of war, national defence or national emergency [1].

There is no policy of conscription in South Africa, as such this indicator is scored ‘Not Applicable’.

There is no policy of conscription, as such this indicator is scored ‘Not Applicable’.

Compulsory conscription exists for all male citizens in South Korea under the terms of Constitution and the Military Service Act. [1] [2] The Improper Solicitation and Graft Act, which aims to tackle corruption in the public sector, prohibits officers from receiving any type of bribe in exchange for services. [3] [4]

South Korean law imposes strict sanctions on an officer who receives bribes, under the Improper Solicitation and Graft Act. Officials found guilty of wrong-doing can be punished with a prison sentence of up to 3 years or a fine of up to 30 million Korean won. [1] In addition, those who accept a bribe in connection with their duties can be punished by imprisonment for up to 5 years or can be suspended for up to 10 years according to Article 129 and 130 of the Criminal Act. [2]

Since compulsory conscription is stated in the Constitution and all male citizens are subject to military service, South Korean citizens are likely to consider corruption issues regarding avoiding the service very seriously. [1] Due to public sentiment and relevant laws, which criminalise avoiding the service and accepting bribes, appropriate punishments are applied when bribery practices are detected by monitoring institutions. [2] In 2017, the military prosecutor arrested an athletics coach at the Korea Armed Forces Athletic Corps for receiving bribes from multiple athletes for preferential treatment. [3] This is an example of corruption related to a military athletic coach and athletes wanting to serve an alternative to military service, which is possible for athletes.

Conscription is on a voluntary basis, as stated in the SPLA Act 2009: “Enrolment into the SPLA military service shall be voluntary, except where the Southern Sudan Legislative Assembly, on the recommendation of the President, decides or deems it otherwise.” [1] As such, this indicator is marked ‘Not Applicable’.

Conscription is on a voluntary basis, as stated in the SPLA Act 2009: “Enrolment into the SPLA military service shall be voluntary, except where the Southern Sudan Legislative Assembly, on the recommendation of the President, decides or deems it otherwise.” [1] As such, this indicator is marked ‘Not Applicable’.

Conscription is on a voluntary basis, as stated in the SPLA Act 2009: “Enrolment into the SPLA military service shall be voluntary, except where the Southern Sudan Legislative Assembly, on the recommendation of the President, decides or deems it otherwise.” [1] As such, this indicator is marked ‘Not Applicable’.

This indicator is marked ‘Not Applicable’. Compulsory conscription in Spain was abolished in 2001 [1, 2]. There have been sporadic voices advocating for Spain to go back to mandatory military service, but this has neither materialised into a tangible initiative, nor is it expected that any form of compulsory conscription will happen in the near future.

This indicator is marked ‘Not Applicable’. Sanctions related to bribery in compulsory conscription do not exist since compulsory conscription was abolished in Spain in 2001, as outlined in 43A.

This indicator is marked ‘Not Applicable’. Sanctions related to bribery in compulsory conscription do not exist since compulsory conscription was abolished in Spain in 2001, as outlined in 43A.

Sudan’s Criminal Act of 1991 defines bribery as a punishable offence across and throughout the government, but is not specific to the defence and security sectors, let alone specific to avoiding conscription. According to this law, bribery is an offence that can be committed by whoever gives or offers a public servant or employee gratifications to take a given action, whoever receives or requests gratifications for themselves or another, whoever assists or tries to assist the giving or accepting of gratifications and whoever knowingly benefits from gratifications [1]. The U.S. Central Intelligence Agency’s Sudan profile page reads: ‘Military service age and obligation: 18-33 years of age for male and female compulsory or voluntary military service; 1-2 year service obligation (2013)’ [2]. The regulations governing conscription in Sudan were most recently amended in 2013.

Though no specific reference is made to bribery, the 1992 National Service Act [1] enables the assignment of penalties as follows: imprisonment for up to 3 years, a fine or both for anyone who helps ‘someone to avoid or postpone the service recruitment, either by withdrawing, deleting or dropping his name intentionally from the lists, or causing or helping to cause him a malignant accident, or by giving false information, or hiding him or using any other means for this purpose’. In such a case, the person who was trying to avoid service ‘shall be punished with imprisonment for a period not less than 2 years and not exceeding 3 years’ and will be required to join the service immediately after completion of the penalty period [1]. These penalties would seem to apply regardless of whether a bribe was paid or not.

There was insufficient information about the extent to which sanctions are applied in the event of conscription-related bribery to assess a score for this category. The Immigration and Refugee Board of Canada’s report on military conscription in Sudan mentioned only that sometimes people from wealthy families manage to pay a bribe to try to avoid conscription [1]. However, no information was offered about the extent to which punishments were imposed on those who offered bribes. The report did note that punishments were not evenly applied to those refusing or evading military service and that forcible conscription laws ‘are imposed wildly asymmetrically among ethnic groups’ and that ‘good families from riverine Arab backgrounds can typically easily evade service due to bribery and corruption’ [1]. There is therefore Not Enough Information to score this indicator.

Conscription was reintroduced in 2017, and the Swedish Defence Recruitment Agency is now responsible for enrolling citizens into national military education. The agency is regulated by a series of provisions [1] as well as specific statute [2], but none of these documents acknowledge the risk of bribes for avoiding conscription. The overarching Swedish Penal Code [3] covers only bribe ‘taking’ and bribe giving’.

The Swedish Defence Recruitment Agency’s provisions [1] and statute [2] do not acknowledge the risk of bribes for avoiding conscription, and thus do not outline routines for the enforcement of sanctions. The Swedish Penal Code [3], however, outlines possible sanctions for bribery, including multiple years of incarceration and considerable financial penalties.

The Swedish Defence Recruitment Agency’s provisions [1] and statute [2] do not acknowledge the risk of bribes for avoiding conscription, and thus do not outline routines for the enforcement of sanctions. The Swedish Penal Code [3], however, outlines the routines for enforcing sanctions and punishments in cases of bribery.

There are no specific rules to address bribery with regards to the compulsory conscription. However, the general laws about bribery apply. The military penal code contains corruption specific rules on active and passive bribery, and unfaithful business management (Section 9) [1]. The code of conduct, for federal personnel, that also applies to the military summarizes the rules for government employees. It discusses gifts and invitations, as well as illegal behaviour or transgression of rules [2]. Title 19 Article 322 of the Swiss Criminal Code is about bribery. It explicitly includes members of the armed forces. It foresees penalties for active and passive bribery of Swiss government with financial penalties or imprisonment of up to five years [3]. For conscientious objectors, there is a civilian replacement service (“Ziviler Ersatzdienst”) [4]. Exempt from conscription are people with valid medical reasons, people deemed unfit for service and some essential workers (mostly upon request) (Articles 9 and 18 MG) [5].

There are no specific sanctions for bribery with regards to the compulsory conscription. However, the general laws about bribery apply. Title 19 Article 322 of the Swiss Criminal Code is about bribery. It explicitly includes members of the armed forces. It foresees penalties for active and passive bribery of Swiss government with financial penalties or imprisonment of up to five years [1]. A 2018 brochure on compliance for employees of the Federal Department of Defence, Civil Protection and Sport (DDPS) reaffirms general legal and ethical obligations, and threatens, through the labour law (up to dismissal), financial or penal sanctions [2].

Appropriate sanctions or punishments are applied when bribery occurs. There are no reports of cases of bribery with regards to compulsory conscription during the period covered by this report. A 2018 brochure on compliance for employees of the DDPS reaffirms general legal and ethical obligations and threatens labour law (up to dismissal), financial or penal sanctions [1]. Compulsory conscription to the military can also be circumvented in other ways. In 2017 only 68.4% of the recruits were considered suitable for military service (and an additional 10.4% for civil protection duties) [2]. In addition, conscripts can request to be drafted for alternative community service instead (“Zivildienst”), an option created for conscientious objectors [3]. If cases of bribery exist, they are likely to be rare.

The Military Service System in Taiwan is strict regulated by laws. Currently, only four months of military training are required for young males in Taiwan to fulfill their compulsory military service [1, 2]. Bribery for avoiding compulsory conscription is a serious offence against the laws of the 1) Criminal Code, 2) Armed Forces Punishment Act, 3) Civil Service Discipline Act, 4) Anti-Corruption Act, and the 5) Act on Recusal of Public Servants Due to Conflicts of Interest. The latter relates to offering, giving, receiving, or soliciting of any item of value with the intention of influencing the actions of an official or other person in charge of a public or legal duty [3, 4, 5, 6, 7].

Offences of corruption or bribery for avoiding compulsory conscription will subject to sanctions of criminal prosecution, incarceration, dismissal, or considerable financial penalties in accordance with these laws [1, 2, 3, 4, 5].

Bribery for avoiding conscription will meet sentences from three to ten years of criminal charge according to the act of “Punishment Act for Violation to Military Service System” [1, 2, 3, 4, 5].

Currently, only four months of military training are required for young males in Taiwan to fulfill their compulsory military service [6, 7]. No cases or complaints of bribery for avoiding conscription have been reported in the last five years in court proceedings, conventional forms of media, or on social media [8].

This indicator is marked ‘Not Applicable’, as there is no compulsory conscription in the process of joining millitary training. Any person who is willing and who qualifies to join millitary training is allowed. [1] Seconday school leavers are encouraged to join the basic course but not commanded so as to make them good future leaders, self reliant, and well-disciplined citizens. Until 1992, the military was under the direct control of the political party, CCM, and training was based on socialist concepts of defense. With the multi-party political system, the military was removed from politics. Presently, national service is based on voluntary enrolment. [1] [2]

This indicator is marked ‘Not Applicable’, as there is no compulsory conscription in the process of joining millitary training. Any person who is willing and who qualifies to join millitary training is allowed. [1] Seconday school leavers are encouraged to join the basic course but not commanded so as to make them good future leaders, self reliant, and well-disciplined citizens. Until 1992, the military was under the direct control of the political party, CCM, and training was based on socialist concepts of defense. With the multi-party political system, the military was removed from politics. Presently, national service is based on voluntary enrolment. [1] [2]

This indicator is marked ‘Not Applicable’, as there is no compulsory conscription in the process of joining millitary training. National Service training was suspended in 1992 and later revived in 2002. The National Service has been restructured to meet the needs of the strategic, political, social, and economic environment of the 21st century. Presently the national service is based on voluntary enrolment. [1] [2]

According to the Military Service Act 1954, Section 44-45, conscription is compulsory in Thailand. It states that any man who avoids conscription by any means, as well as any state official supporting this person by receiving a bribe, shall be imprisoned for up to three years. Bribery offences on the part of the officer include requesting, receiving or accepting any item of value in exchange for assistance in avoiding conscription [1]. On March 20, 2018, the Commander-in-Chief also announced the annual conscription with a note on anti-corruption policy [2].

According to the Military Service Act 1954, Section 44-45, conscription is compulsory in Thailand. It states that any man who avoids conscription by any means, as well as any state official supporting this person by receiving a bribe, shall be imprisoned for up to three years [1]. However, the amount of the fine is relatively low (around 200-300 Thai baht) [2]. Meanwhile, Section 45 states that any person who helps the draftee to avoid conscription shall be imprisoned for up to three years [1]. In general, avoiding conscription through bribery is very common in Thailand and usually successfully done most of the time. The enforcement of the law is therefore rare or minimal since prosecution depends on the decision of the commanders, who often view this as a minor problem [3].

Even though possible sanctions for bribery offences committed in order to avoid compulsory conscription do exist, including criminal prosecution and considerable financial penalties, the enforcement of the law is rare or minimal since bribery is very common and prosecution depends on the decision of the commanders, who often view this as a minor problem [1,2]. Moreover, the rich and the middle classes use their family connections or even bribery to avoid conscription, which is viewed as a hotbed of alleged human rights violations, physical abuse and even torture against draftees [3]. According to Sripokangkul et al. (2018), there are common ways to successfully avoid serving in the military, including paying bribes (approximately 20–30,000 baht) [4].

Article 2 and Article 8 of Law n° 2004-1, dated 14 January 2004, on national service, decree that any citizen aged between 20 and 35 years must perform a year of national service. Tunisia also has an element of voluntary conscription. Per the aforementioned laws and regulations, recruits can choose to go on individual assignments agreeing to perform 21 days of training, and henceforth pay a monthly monetary contribution of 30 to 50 percent of their salary to the military (1). According to our sources, there is strict law that prohibits bribery of conscription or any other service within the MoD or the institutions of the state. The legislation applicable to the defence sector does not include a specific policy warning against accepting bribes for avoiding conscription (2). However, there is a range of clearly defined offences in the Penal Code that apply to bribery for avoiding compulsory conscription (3). These offences cover offering and giving (1) (the attempt is also punished (2)) receiving (3) or soliciting of any item of value to influence the actions of an official or another person in charge of a public or legal duty (4).

According to our sources, there is a strict penal code for any person who accepts bribes or avoids conscription by paying financial benefits to others. Imprisonment, fines, and dismissal can result as a consequence (1,2).
Possible sanctions include severe prison sentences (up to 10 years imprisonment) and considerable financial sanctions (une amende double de la valeur des cadeaux reçus ou des promesses agréées, sans qu’elle puisse être inférieure à dix mille dinars) (3). Law n° 67-20, dated 31 May 1967, on the General Status of the Military, allows for the imposition of disciplinary sanctions against any military officer who commits ‘offences against honour’, such as bribery, theft, or violence, when in service or outside of it (4). In the case of a military officer being convicted of a criminal offence (like bribery), he would be dismissed from his post (5). Although these disciplinary measures are general in scope, they are applicable in cases of corruption.

Evidence shows that cases of bribery in conscription are prosecuted. The National Anti-corruption Authority (INLUCC) report for the year 2017 shows that 2 cases of corruption related to the General Directorate for conscription have been transmitted to the justice by the Ministry of Defence (1). However, sanctions are inconsistent.

There is a policy and strict rules addressing bribery for avoiding compulsory conscription that clearly apply to all parties engaging in this. The offence of bribery is regulated in Article 135 of Law No. 1632, the Military Penal Code [1]. However, in terms of its regulation, this crime is only defined in the Military Penal Code through reference to the articles of the Turkish Criminal Code that define the offence of bribery.

Bribery offences include (at a minimum) the offering, giving, receiving or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty. According to Interviewees 3 and 4, who both served in the military for more than two decades, it is almost impossible for military personnel to accept bribes for avoiding conscription. Both emphasised that the conscription system is fully digitalised and all processes are IT based. So, it is not possible for personnel to interfere in the system for bribes [2,3]. In his scholarly article, after providing details about court proceedings and cases, Gokhan Yasar Duran emphasises that bribery has always been considered a major crime that leads to dishonorable discharge very easily [4].

Article 30 of the Turkish Military Penal Code defines bribery as a major felony, punishable by a minimum of 3 months’ imprisonment (in cases of minor crimes such as attempted bribery, asking for bribes) and dishonorable discharge for acts of bribery that are proven with solid evidence [1].

Law No. 7179 for Conscription regulates all conscription processes [2]. According to Article 15 of this law, the Conscription Department of the Ministry of Defence is in charge of all conscription processes and all personnel involved in this process are obliged to adhere to the Turkish Criminal Code when it comes to corruption allegations and integrity-related issues [2].

Article 252 of the Turkish Criminal Code, which all military and civilian personnel are obliged to observe, notes that any public officers who accept bribes will be punished with 4 to 12 years’ imprisonment [3].

Appropriate sanctions or punishments are applied when bribery occurs. Interviewees 3 and 4 both suggested that corruption attempts within the conscription system are not likely because conscription in Turkey has symbolic value and is considered a ‘sacred task’ [1,2]. Please also note that, aside from its historical and socio-cultural roots, conscription is a constitutional obligation for all adult Turkish males. So, any attempt to corrupt this system would result in drastic consequences for the perpetrator [1,2]. Open-source research shows that there are reports about the arrest and detention of military personnel available on online sources [3]. Please note that the operation detailed in this report is not about bribery over conscription avoidance but about smuggling.

This indicator is scored Not Applicable, as there is no policy in Uganda for compulsory conscription. On the contrary, Section 51 (3) of the Uganda People’s Defence Force (UPDF) Act [1] states that every person who wishes to be recruited into the defence forces shall first get a recommendation from his or her village local council.

This indicator is scored Not Applicable, as there are no sanctions because compulsory conscription does not take place. Section 51 (3) of the UPDF Act [1] states that every person who wishes to be recruited into the defence forces shall first get a recommendation from his or her village local council.

This indicator is scored Not Applicable, as there is no policy in Uganda for compulsory conscription. On the contrary, Section 51 (3) of the Uganda People’s Defence Force (UPDF) Act [1] states that every person who wishes to be recruited into the defence forces shall first get a recommendation from his or her village local council.

Compulsory conscription was abolished in 2013 [1] but later reintroduced in 2014 because of Russian aggression [2]. Several cases have been published in the media about conscripts who bribed officials to both avoid compulsory conscription as well as to enrol in the army [3, 4, 5]. Bribery offences are covered by both the Criminal Code of Ukraine (Articles 262, 364, 368-2 etc.) [6] and the Code of Ukraine on Administrative Offences (Articles 172-5, 172-7 etc.) [7]. These offences include offering, giving, receiving and soliciting of bribes. The Criminal Code of Ukraine stipulates sanctions such as prosecution, incarceration, dismissal and considerable financial penalties for those offences. Sanctions for avoiding conscription are highlighted in Articles 335, 336, 337 of the Criminal Code of Ukraine as well as Articles 210 and 210-1 the Code of Ukraine on Administrative Offences [7]. These provide a maximum punishment of five years imprisonment [6].

Violation of the relevant articles of the Criminal Code of Ukraine can trigger a response, including criminal prosecution, incarceration, imprisonment (up to five years), financial penalties (maximum of 30 USD which makes financial penalties ineffective), dismissal or corrective labour. Violation of the relevant articles of the Code of Ukraine on Administrative Offences may also trigger financial penalties (maximum of 180 USD, which makes financial penalties ineffective) [1, 2].

Several reports in media [1, 2, 3] and the MoD website [4] provide reasonable evidence that sanctions are applied when bribery for the avoidance of compulsory conscription occurs. There is also evidence of chief of General Staff dismissing officers whose corruption links have been proven [5]. However, there it is not possible to access how many cases are indeed investigated. Although corresponding reports in the media have decreased compared to 2014-2015, cases still occur. Moreover, considering the growing number of contract military positions and the low intensity of warfare in Donbas, the number of bribes for avoiding conscription is decreasing. The control over conscription also continues to register improvements. An example is a reform of military commissariats (conscription centres) to the territorial Centre of Recruitment and Social Support [6].

Research reveals that there is a range of clearly defined policies and strict rules relating to bribery in general in the UAE, and those also seem to apply to briberies for avoiding compulsory military conscription. Bribery offences cover (at a minimum) offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or another person in charge of public or legal duty. Federal Laws No. 6 and 7 of 2004, which specifically apply to the armed forces, clearly define bribery and prohibits corruption within the defence sector (1). This article prohibits officers from accepting gifts of any sort whatsoever, whether directly or indirectly, from individuals, who are seeking to benefit through these gifts. In addition to Federal Laws No. 6 and 7 of 2004, several laws also prohibit bribery generally in the country, such as the UAE Federal Law No. 3 of 1987 (as amended) (the “Penal Code”); the UAE Federal Law No. 21 of 2001 concerning Civil Service; the Dubai Government Human Resources Management Law No. 27 of 2006; and the Abu Dhabi Law No. 1 of 2006 concerning Civil Service in the Emirate of Abu Dhabi. In addition to that, Federal Law No. 6 of 2004, namely Articles 36, 37, 38 and 39, prohibit avoidance of military conscription and sets out punishment procedures for avoidance (2), (3), (4). Therefore, it is safe to assume that there are policies that prohibit bribes and apply to bribes relating to avoiding conscription.

There are sanctions imposed that exist in law; however, it is rare that anyone is prosecuted. The maximum imprisonment is one year and fines up to 50000 UA dirham. Many citizens are exempted because they are from influential families, although this is not always the case (1), (2).

There has never been a case of bribery to avoid conscription. Avoidance and dismissal usually happen through special decrees for some influential families and figures in the country (1), (2).

Compulsory conscription does not occur in the UK [1]. This is therefore Not Applicable.

Compulsory conscription does not occur in the UK [1]. This is therefore Not Applicable.

Compulsory conscription does not occur in the UK [1]. This is therefore Not Applicable.

The US military has been volunteer-based since 1973, when the military draft stopped being used as a system of recruitment. The government, however, maintains the ability to reinstate the draft in the case of a national emergency and all men over the age of 18 must register for the draft [1,2]. The Selective Service System is the agency responsible for running a draft [3]. Presently, compulsory conscription does not occur. Currently, only men have to register for the draft [4]. Given the fact that compulsory conscription does not occur, this indicator is scored ‘Not Applicable’.

This indicator is scored ‘Not Applicable’ as compulsory conscription does not occur.

This indicator is scored ‘Not Applicable’ as compulsory conscription does not occur.

This indicator is marked ‘Not Applicable’. There is no compulsory conscription in Venezuela; however, the Law on Registration and Enlistment for the Integral Defence of the Nation obliges all Venezuelan citizens by birth or naturalisation to enrol in the Register of Integral Defence. According to Venezuelan law, forced military service is prohibited. However, a duty to provide service exists: in the event of being called to serve, after joining the register, the citizen can decide between rendering military or civil service.

In view of the fact that there is no mandatory conscription, but there is an obligation to register for this service provision, Venezuela has no special measures to sanction the receipt, offer or request of bribes to avoid this obligation [1, 2]. The law governing military conscription in Venezuela only generally states that an official who commits an offence in the performance of his or her duties may be punished, without explicit mention of any penalty for offering, giving or receiving bribes in order to facilitate procedures relating to the registration or performance of military or civilian service. Moreover, while the Military Discipline Law (LDM) and the Ethics Code for public servants (CESP) indicate that military or civilian officers may commit administrative misconduct by receiving or soliciting benefits in exchange for their services, there is no direct regulation to prevent and punish citizens and officers who give or accept bribes in order to avoid registration for Integral Defence [3, 4].

This indicator is marked ‘Not Applicable’. According to the Law on Registration and Enlistment for the Integral Defence of the Nation, citizens who fail to register for Integral Defence or who are called to perform military or civilian service and do not attend shall be subject to monetary sanctions only [1]. These sanctions are not significant, as they represent less than ten per cent of the minimum wage and therefore have little deterrent effect. The imposition of this sanction for non-registration was introduced in 2014 with an amendment of the law, since previously neither registration nor the provision of service was obligatory. Some sectors have criticised the imposition of this sanction, as even the duty to register alone would contravene constitutional rights [2].

This indicator is marked ‘Not Applicable’. According to Venezuelan law, conscription is not compulsory [1]. In the sources consulted for this study, no information was found on the perpetration of bribery crimes to avoid duties such as registration in the Integral Defence Registry [2].

This indicator is marked “Not Applicable,” as there is no legislation or history of conscription in Zimbabwe [1]..

This indicator is marked “Not Applicable,” as there is no legislation or history of conscription in Zimbabwe [1].

This indicator is marked “Not Applicable,” as there is no legislation or history of conscription in Zimbabwe [1].

Country Sort by Country 43a. Policy Sort By Subindicator 43b. Sanctions Sort By Subindicator 43c. Enforcement Sort By Subindicator
Albania NA NA NA
Algeria 0 / 100 0 / 100 0 / 100
Angola 50 / 100 NEI 0 / 100
Argentina NA NA NA
Armenia 100 / 100 100 / 100 100 / 100
Australia NA NA NA
Azerbaijan 50 / 100 100 / 100 25 / 100
Bahrain NA NA NA
Bangladesh NA NA NA
Belgium NA NA NA
Bosnia and Herzegovina NA NA NA
Botswana NA NA NA
Brazil 100 / 100 75 / 100 25 / 100
Burkina Faso 0 / 100 0 / 100 NEI
Cameroon NA NA NA
Canada NA NA NA
Chile 50 / 100 0 / 100 NEI
China NA NA NA
Colombia 100 / 100 75 / 100 50 / 100
Cote d'Ivoire NA NA NA
Denmark NA NA NA
Egypt 50 / 100 100 / 100 50 / 100
Estonia 100 / 100 75 / 100 75 / 100
Finland 50 / 100 100 / 100 100 / 100
France NA NA NA
Germany NA NA NA
Ghana NA NA NA
Greece 100 / 100 100 / 100 100 / 100
Hungary NA NA NA
India NA NA NA
Indonesia NA NA NA
Iran 50 / 100 100 / 100 NA
Iraq NA NA NA
Israel 75 / 100 100 / 100 100 / 100
Italy NA NA NA
Japan NA NA NA
Jordan NA NA NA
Kenya NA NA NA
Kosovo NA NA NA
Kuwait 50 / 100 100 / 100 0 / 100
Latvia NA NA NA
Lebanon NA NA NA
Lithuania 100 / 100 100 / 100 75 / 100
Malaysia NA NA NA
Mali 0 / 100 0 / 100 0 / 100
Mexico 50 / 100 50 / 100 50 / 100
Montenegro NA NA NA
Morocco NA NA NA
Myanmar 0 / 100 0 / 100 0 / 100
Netherlands NA NA NA
New Zealand NA NA NA
Niger 0 / 100 0 / 100 0 / 100
Nigeria NA NA NA
North Macedonia NA NA NA
Norway 100 / 100 100 / 100 100 / 100
Oman NA NA NA
Palestine NA NA NA
Philippines NA NA NA
Poland NA NA NA
Portugal NA NA NA
Qatar 0 / 100 100 / 100 NEI
Russia 0 / 100 100 / 100 50 / 100
Saudi Arabia NA NA NA
Serbia NA NA NA
Singapore 100 / 100 100 / 100 100 / 100
South Africa NA NA NA
South Korea 100 / 100 100 / 100 100 / 100
South Sudan NA NA NA
Spain NA NA NA
Sudan 50 / 100 75 / 100 NEI
Sweden 50 / 100 100 / 100 100 / 100
Switzerland 100 / 100 100 / 100 100 / 100
Taiwan 100 / 100 100 / 100 100 / 100
Tanzania NA NA NA
Thailand 100 / 100 50 / 100 50 / 100
Tunisia 100 / 100 100 / 100 50 / 100
Turkey 100 / 100 100 / 100 75 / 100
Uganda NA NA NA
Ukraine 100 / 100 100 / 100 100 / 100
United Arab Emirates 100 / 100 50 / 100 50 / 100
United Kingdom NA NA NA
United States NA NA NA
Venezuela NA NA NA
Zimbabwe NA NA NA

With thanks for support from the UK Foreign, Commonwealth and Development Office (FCDO) and the Dutch Ministry of Foreign Affairs who have contributed to the Government Defence Integrity Index.

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