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

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SCORE: 0/100

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43b. Sanctions

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SCORE: 0/100

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43c. Enforcement

Score

SCORE: NEI/100

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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.

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 (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.

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.

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.

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.

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 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 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

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 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, 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).

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]

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.

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.

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).

Country Sort by Country 43a. Policy Sort By Subindicator 43b. Sanctions Sort By Subindicator 43c. Enforcement Sort By Subindicator
Algeria 0 / 100 0 / 100 0 / 100
Angola 50 / 100 NEI 0 / 100
Burkina Faso 0 / 100 0 / 100 NEI
Cameroon NA NA NA
Cote d'Ivoire NA NA NA
Egypt 50 / 100 100 / 100 50 / 100
Ghana NA NA NA
Jordan NA NA NA
Kuwait 50 / 100 100 / 100 0 / 100
Lebanon NA NA NA
Mali 0 / 100 0 / 100 0 / 100
Morocco NA NA NA
Niger 0 / 100 0 / 100 0 / 100
Nigeria NA NA NA
Oman NA NA NA
Palestine NA NA NA
Qatar 0 / 100 100 / 100 NEI
Saudi Arabia NA NA NA
Tunisia 100 / 100 100 / 100 50 / 100
United Arab Emirates 100 / 100 50 / 100 50 / 100

With thanks for support from the UK Department for International Development and the Dutch Ministry of Foreign Affairs who have contributed to the Government Defence Integrity Index.

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