SPAIN: Government decriminalises avoiding conscription
01 January 2002
On 1 February the Spanish government modified the Criminal Code and the Military Criminal Code to decriminalise, retroactively, the failure to carry out obligatory national service. The measure affects around 4,000 people who avoided conscription as well as seven deserters, some of whom have already been sentenced while the rest are undergoing judicial proceedings. The text will have to be approved by parliament.
Carrying out national service, or Prestacion Social Sustitutoria (Alternative Social Service for conscientious objectors) was obligatory until 31 December 2001, when the Spanish army became a fully professional service. On the same day, the Council of Ministers approved a legal amendment allowing foreigners residing "legally" (with documents) in the state to become professional soldiers in the army or navy for a period of three years. This applies specifically to citizens "with special links to Spain", referring to Latin American countries because they are "closer to our culture" according to the Defence Minister.
The measure, which the government presents as an example of its openess to a "mixed-race" society is, more accurately, a statement of its failure to establish a new defence model based on a professional army. The new law authorises the signing of a single, temporary three-year contract. Those who wish to serve for longer and to have access to tasks and positions carrying greater responsibility will have to acquire Spanish citizenship.