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Romania: Military conscription; in particular, whether it is still in effect in October 2002; the age range of men who are conscripted, whether exemptions exist, the penalty for military evasion, and whether that penalty is enforced

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 17 October 2002
Citation / Document Symbol ROM40183.E
Reference 2
Cite as Canada: Immigration and Refugee Board of Canada, Romania: Military conscription; in particular, whether it is still in effect in October 2002; the age range of men who are conscripted, whether exemptions exist, the penalty for military evasion, and whether that penalty is enforced, 17 October 2002, ROM40183.E, available at: https://www.refworld.org/docid/3f7d4e0c7.html [accessed 27 May 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

For detailed information on military service in Romania, please consult the April 2002 publication of the United Kingdom's Immigration and Nationality Directorate (IND) entitled Romania Country Assessment.

The following information on military service is quoted from the section "National Recruitment Legislation and Practice" of an undated document on Romania by the Global March Against Child Labour (GMACL):

Article 52 of the 1991 Constitution states that "1. Citizens have the right and obligation to defend Romania. 2. Military service is compulsory for male Romanian citizens who have reached the age of 20, with the exception of cases defined by law. 3. Citizens up to the age of 35 can be called up for training for active military service".[1] The legal basis for military service is the 1996 Law on the Preparation of the Population for Defence. According to article 11 of the 1996 Law, all men between 20 and 35 are liable for military service. However, at war or upon their request at peace, youth may be enlisted from the age of 18 years. There are two different modalities for performing military service: a long-term military service which lasts 12 months (section 2 of the 1996 Law Article 12) and a short-term military service which lasts 6 months only for graduates of state-recognised civilian higher education institutions (section 3 of the 1996 Law Article 26). In addition, articles 53 and 54 of the 1996 Law provide for civil defence training.[2] The Romanian armed forces are due to be completely restructured with the eventual aim of creating a volunteer professional army and reducing conscription.[3]

In mid-February 2001, Romanian Army Chief of Staff General Mihail Popescu stated that compulsory military service would not be abolished in Romania, although he stated that within three years, regular conscripts would form only one third of army personnel, while the remainder would consist of "contract soldiers" (Evenimentul Zilei 15 Feb. 2001).

On 17 July 2002, the Supreme Council on National Defence shortened the compulsory military service to eight months from the current twelve months, effective as of 2003 (RFE/RL 18 July 2002). It was also decided that university graduates would perform five instead of six months of military service (ibid.). The government press-agency Rompres reported that the Council also approved "the switch over to the voluntary military service," although additional information on this subject was not provided by the source (18 July 2002).

The Research Directorate was unable to obtain a copy of the 1996 Law on the Preparation of the Population for Defence.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Evenimentul Zilei (Internet version) [Bucharest, in Romanian]. 15 February 2001. "Army Chief Says Romania Will Not Abolish Compulsory Military Service." (FBIS-EEU-2001-0215 15 Feb. 2001/WNC)

The World News Connection (WNC) describes this source as a "popular, privately owned daily; known for investigative journalism and criticism of the political establishment without regard to political orientation."

Global March Against Child Labour (GMACL). n.d. "Romania." [Accessed 10 Oct. 2002]

According to its Website, the Global March movement is "involved in assessing and lobbying for the ratification and implementation of the [ILO] Convention [Against the Worst Forms of Child Labour]. The dedicated partners of the Global March movement form an effective network around the world. Acting as vigilant observers and lobbying with governments in their region, they form the backbone of the movement. The Global March International Secretariat is located in New Delhi, India."

Radio Free Europe/Radio Liberty (RFE/RL). 18 July 2002. Newsline. "Romania to Shorten Military Service." [Accessed 10 Oct. 2002]

Rompres [Bucharest, in English]. 18 July 2002. "Romania's Supreme Defence Council Approves Study on Reducing Military Service." (FBIS-EEU-2002-0718 18 July 2002/WNC)

Additional Sources Consulted

Amnesty International Report 2001. 2001.

Country Reports on Human Rights Practices for 2001. 4 March 2002.

Freedom House. 2001. Freedom in the World 2000-2001.

International Helsinki Federation for Human Rights. 2002. Annual Report 2002.

United Kingdom. Immigration and Nationality Directorate (IND). April 2002. Romania Country Assessment.

Electronic databases: IRB, NEXIS, UNHCR.

Internet sites, including:

Central Europe Review

European Country of Origin Information Network

Radio Free Europe/Radio Liberty

Search engines, including:

Alltheweb

Google

Yahoo!

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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