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Promoting a Balance Between Freedom of Religion and National Security: NHRC Exchanges Views with International Organization on Conscientious Objection by Military Reservists

A delegation from the Asia-Pacific Association of Jehovah’s Witnesses (APAJW) visited the National Human Rights Commission (NHRC) on May 22. The two sides engaged in in-depth discussions on international standards relating to conscientious objection to military service, Taiwan’s current legal framework, and the challenges faced by military reservists who seek exemption from military obligations on grounds of conscience or religious belief. Vice Chairperson Chi Hui-jung noted that the NHRC has continued to pay close attention to this issue. In 2025, the NHRC published an investigation report concluding that Taiwan's failure to provide reservists with an alternative service option, while imposing criminal penalties for refusal to participate in reserve call-ups, is inconsistent with the International Covenant on Civil and Political Rights (ICCPR). The report also contributed to subsequent policy changes by the Ministry of National Defense (MND), allowing eligible reservists called for military training to be assigned to non-combat administrative duties.

 

Headquartered in Japan, APAJW is an international organization dedicated to supporting human rights initiatives throughout Asia. The delegation included APAJW Chairperson Yuichiro Shinohara, Korea Branch Spokesperson Jeong Ho, Taiwan Public Information Department Director Wang Yi-fan, and Deputy Director Chen Pin-ren. The delegation was visiting Taiwan to attend the international review of Taiwan's Fourth National Reports on the ICCPR and ICESCR and to discuss issues related to conscientious objection to military service. The delegation commended Taiwan's alternative service system as a positive model within Asia. However, from the perspective of international human rights standards, it noted that Taiwan still has room for improvement in protecting the rights of conscientious objectors.

  

During the exchange, the delegation outlined relevant international human rights standards governing conscientious objection. Referring to General Comment No. 22 of the United Nations Human Rights Committee, they emphasized that the concepts of conscience, religion, and belief should be interpreted broadly and that conscientious objectors should not be treated differently based on the particular faith or belief system they follow. The delegation further noted that United Nations reports recognize that reservist status may extend over many years and that individuals' beliefs and convictions may evolve over time. Accordingly, applications for conscientious objector status should not be subject to rigid time limitations, and alternative service arrangements should remain institutionally separate from the military. By contrast, Taiwan's current legal framework does not contain explicit provisions allowing military reservists to apply for conscientious objector status. As a result, reservists who refuse educational call-up training on grounds of conscience or religious belief often lack a formal alternative mechanism and may face criminal prosecution.

 

Vice Chairperson Chi acknowledged that Taiwan still has room for improvement in this area. She noted that the NHRC completed an investigation in January 2025 into a petition involving a reservist who had been convicted for refusing reserve training on religious grounds. The NHRC's report concluded that imposing criminal penalties without providing an alternative service option for reservists is inconsistent with the ICCPR. Following internal review, the MND issued the Guidelines for Applications by Reservists on Religious Grounds for Assignment to Non-Combat Training During Educational Call-Ups on November 19, 2025. The guidelines established a preliminary review mechanism and allow eligible reservists to perform non-combat administrative duties instead of military combat training. Nevertheless, the MND continues to regard reservists undergoing call-up training as active-duty military personnel. Because the issue also involves the division of responsibilities between the Ministry of National Defense and the Ministry of the Interior, significant challenges remain under the current administrative framework pending legislative reform.

  

During the meeting, Commissioner Upay Radiw Kanasaw shared practical examples of the Jehovah's Witness faith within Taiwan's Indigenous communities. He noted that Jehovah's Witnesses constitute a significant religious group within certain Indigenous communities and that the faith's teachings have a profound influence on the daily lives of adherents. Drawing on his own family experience, he recounted how relatives had refused military service because of their religious convictions and, over a period of fifteen years, were imprisoned on seven separate occasions as a result. He also noted that strict interpretations of religious doctrine may prohibit adherents from participating in traditional Indigenous ceremonies, such as harvest festivals. These examples, he observed, illustrate the diversity of religious beliefs and interpretations that exist within Taiwanese society.

 

Looking ahead, Vice Chairperson Chi reiterated that meaningful implementation of human rights protections requires ongoing dialogue. The NHRC will continue to urge the government to safeguard freedom of religion and belief, align Taiwan's practices with international human rights standards, and further strengthen the values of diversity, inclusion, and human rights that underpin Taiwanese society.