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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: NA/100

Assessor Explanation

Assessor Sources

43b. Sanctions

Score

SCORE: NA/100

Assessor Explanation

Assessor Sources

43c. Enforcement

Score

SCORE: NA/100

Assessor Explanation

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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.

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].

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.

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].

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.

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]

There is no separate policy for corruption in avoiding compulsory conscription in Georgia [1]. Georgian anti-corruption legislation is largely laid out in the Criminal Code is very strict, and it covers all aspects of public service, including bribery for avoiding conscriptions [2]. Hence bribe-taking and bribe-giving are criminalized by the Georgian Criminal Code, and such crimes are investigated by the national police or the state security service. This applies to conscription as well. The Criminal Code covers offences (Article 338-341) and defines criminal responsibilities for these type of crimes, bribe -giving, bribe-taking, influence peddling, accepting gifts prohibited by law, and forgery [2].

Avoidance of conscription and giving bribes is subject to a criminal investigation, sanctions, penalties and imprisonment. These depend on concrete circumstances of the case and the accused person. Investigations are under the mandate of the State Security Service (SA) and the Investigative Service. Prosecutions are the responsibility of the Prosecution Office of Georgia.

According to the Criminal Code of Georgia (Articles 42, 338, 339), punishment for receiving a bribe or bribes is 6-15 years imprisonment. Sanctions for giving bribes is a financial penalty of two thousand GEL and/or eight years in prison. The exact punishment and duration of sentencing are determined by the Courts [1]. These existing bribery sanctions do apply to conscription. The SA’s Anti-Corruption Department arrested a public employee (Veterans Affairs) who tried to accept a bribe from a citizen to postpone conscription. Official websites say that investigation is ongoing based on Article 339 of the Criminal Code, which gives nine years in prison for the crime [2].

There are few cases of bribery investigation on avoidance of conscription. The SA’s website publishes information about cases where bribe-takers who tried to accept a bribe from citizens for postponing conscription were arrested [1, 2, 3].

According to the government reviewer, there are really few cases of bribery for avoiding conscription service. But appropriate sanctions and punishment is used in case of such occurrences and this process is led by Military Police, sometimes with State Security Service of Georgia. E.g. State Security Service and MOD General Inspection investigated the case of bribery, when one of the military servicemen took bribe from civilian, who wanted to start work at the MOD and then, take part in international mission in Afghanistan [4]. It is obvious that appropriate punishment was used and this military serviceman faces 6 to 9 years in prison. Also, in 2018 under the investigation led by Anti-Corruption Agency of the State Security Service and the Military Police Department of the Ministry of Defence of Georgia, as a result of joint operative-investigative and investigative actions, the head of section in Main Monitoring Division of the Military Police Department And the head of “The veterans and warriors Vaziani union of War and Military Forces”, were arrested for taking bribes and they will face 6 to 9 years in prison [5]. These are the examples that if bribery or any kind of corruption act occurs, the punishment is strict and in the frame of law. Additionally, the transparency, openness and objectivity of the conscription process is guaranteed with participation of different government agencies: During conscription process, MOD is working with Ministry of regional development and Infrastructure, Ministry of economics and sustainable development, Ministry of Labor, Health and Social defence and Ministry of Internal affairs.

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.

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.

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.

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.

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.

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

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 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].

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).

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.

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.

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.

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.

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).

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
Armenia 100 / 100 100 / 100 100 / 100
Azerbaijan 50 / 100 100 / 100 25 / 100
Bosnia and Herzegovina NA NA NA
Burkina Faso 0 / 100 0 / 100 NEI
Cameroon NA NA NA
Cote d'Ivoire NA NA NA
Egypt 50 / 100 100 / 100 50 / 100
Estonia 100 / 100 75 / 100 75 / 100
Georgia 100 / 100 100 / 100 100 / 100
Ghana NA NA NA
Hungary NA NA NA
Iraq NA NA NA
Jordan 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
Mali 0 / 100 0 / 100 0 / 100
Montenegro NA NA NA
Morocco NA NA NA
Niger 0 / 100 0 / 100 0 / 100
Nigeria NA NA NA
North Macedonia NA NA NA
Oman NA NA NA
Palestine NA NA NA
Poland NA NA NA
Qatar 0 / 100 100 / 100 NEI
Saudi Arabia NA NA NA
Serbia NA NA NA
Tunisia 100 / 100 100 / 100 50 / 100
Ukraine 100 / 100 100 / 100 100 / 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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