Courage of conscientious objector

Earlier this year, I went to a conversatorio (forum) celebrating the recent court judgment (T-455-2014) of Reinaldo Andres Aguirre Bernal, a conscientious objector who refused to join the military for reasons of his faith and commitment to non-violence.

As part of my work as an international human rights accompanier in Colombia, we accompany not just organisations, but also communities resisting the climate of war and individuals conscientiously objecting against participating in a war.

In particular, some of those we accompany form part of ACOOC (Accion Colectiva de Objetores y Objetoras de Conciencia), a group of young men and women who are victims of recruiting practices of both legal armed actors (the Colombian state military) and illegal armed actors.

In a country where the conflict is intense and risky, Colombia remains the only South American nation where military service is obligatory.

The courage to resist military conscription does not come easy for youths in Colombia, such as Reinaldo. Evading military service comes with threats from state authorities, or being unable to enter university or join certain professional careers (you need to show your military service card for that) or even being made to enter a process called judicializacion, essentially a legal limbo dragging on for years and years without ever reaching proper resolution, interfering with a person’s life.

Does conscientious objection apply only in a country struggling in conflict, such as Colombia? Is the right to conscientious objection waived in a historically peaceful country, such as Switzerland? (Interestingly, even Switzerland subscribes to mandatory military conscription.)

How about Malaysia? In Malaysia, there is no war.

There is (arguably) a functioning constitution with rights beautifully entrenched. Does that mean then that there is no real need to civil disobedience or dissent?

That question is, of course, rhetorical. Even in countries free from conflicts, there is a right to conscientious objection, a right inherent not because it is enshrined in any constitutions, but a right inherent to people as human beings, with will power and free thought. 

Hence, whenever law goes contrary to our conscience, there should be an inherent right to object conscientiously. The reason is simple, and there is no need to grasp at legal norms for justifications.

Conscientious objection forms part of the human rights to freedom of thought, conscience and religion, enshrined in the Malaysian constitution as well as the Universal Declaration of Human Rights. Nevertheless, while on paper the law promises flowers and all things beautiful in life, enforcing such rights have always been problematic.

Also, there should be no need to grasp at legal norms to justify conscientious objection against conscience-debilitating laws.

The law, simply put, is an instrument of either social regulation or social emancipation, and depending on how it functions, can be a symbol of violence and a symbol of social power. Rules and laws cannot be used to entrench tyranny and frustrate democracy but more importantly, it cannot be used to bend a good conscience.

In Colombia, decisions such as that of Reinaldo inspire me. It is not easy to gain courage to put yourself in the frontline, and challenge the legality of a state to force a law onto its people which breaches their conscience.

In Malaysia, too, there are many such narratives. The bookstore owner and manager who fight for their right to publish a book.

The civil rights activists who fight to have space for free discussions and peaceful protests. The everyday Malaysians who continue to exercise their right to practise a religion of their choice.

It is worth remembering that if you push a good conscience, really, the only course of action is to be free. To be so free, that your existence is an act of rebellion against a corrupt system.

It is also important to remember that it is not politicians who will end up changing the course of a country, but rather the courageous decisions of its citizens conscientiously objecting, sometimes in grand ways, sometimes in obscure ways.

But nevertheless, it is such decisions and persistence that will be talked about for years to come, and empower the next generation to develop and insist on the same rights. – October 13, 2015.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.