Serbia

* The figures given above do not include Kosovo, whose declaration of independence in 2008, although not accepted by Serbia, is recognised by most other European States and which is outside the effective control of the Serbian government. The situation in Kosovo is covered in the Kosovo section.

Current situation & recent developments

The possible return of conscription has regularly surfaced in political debate in Serbia. It was advocated by a Defence Ministry survey in 2016, and endorsed by President Vucic in 2018 and 2022. In 2021 Women in Black mounted a demonstration in Belgrade against similar proposals.^[1]

Most recently, on 4th January 2024 the General Staff of the Armed Forces made a proposal to the President. The Ministry of Defence said in a statement that the proposal for service of up to four months is made “to increase the defence capabilities of the Serbian Armed Forces, through the rejuvenation and improvement in the training of the active and reserve forces.” The proposal came after "a detailed consideration of the general security situation and current challenges faced by the Republic of Serbia as a militarily neutral country."^[2]

Details of what is proposed are sparse, and the potential cost is a controversial issue. There has been an indication that it might involve a four-months’ training period, followed by refresher reserve call-ups. There has been no mention of what conscientious objection provisions might apply. Reports at the time of the suspension of conscription in 2011 indicated that the civilian service was being abolished, leaving uncertain the question of what the situation would be in the event that conscription were reinstated.

Feedback from the state

From the answers of the Serbian Ministry of Defence to EBCO’s questionnaire:

Following the entry into force of the Decision of the National Assembly to suspend the compulsory military service (Official Gazette of the Republic of Serbia, No. 95/10), as of 1st January 2011, referral to military service in the Serbian Armed Forces is done on a voluntary basis, in accordance with the provisions of the Law on Military, Labour and Material Obligations (“Official Gazette of RS”, Nos. 88/2009, 95/2010 and 36/2018, hereinafter referred to as “the Law”).

Article 135(5) prescribes that “Persons who voluntarily wish to perform military service under arms in the Serbian Armed Forces are subject to the provisions of the law relating to enlistment obligation and military service obligation. Other persons are subject to the obligation to register for military service and the obligation to serve in the reserve forces.”

Candidates who applied for voluntary military service under arms are sent for medical and other examinations and psychological tests for the purpose of assessing fitness for military service and the recruitment.

The right of the recruits to exercising the conscientious objection is prescribed in Article 45 of the Constitution of the Republic of Serbia, as the supreme legal act, the Law on the Yugoslav Army, Regulation on fulfilling military service obligation (“Official Gazette of the SMN”, No. 37/03 and 4/05 and (Official Gazette of the RS, No. 6/07) and, since 5th November 2009, in the Law on Civilian Service (Official Gazette of the RS, No 88/09) and the Law on Military, Labour and Material Obligations (Official Gazette of the RS, Nos. 88/09, 95/10 and 36/18).

The Law on Civilian Service stipulates that a conscript in the reserve forces of the Serbian Armed Forces may also declare conscientious objector, upon the expiry of the period of four years after the completion of military service under arms.

The training of citizens for the needs of the defence of the country involves the performance of theoretical and practical teaching, which is intended for the acquisition of knowledge, skills, practising of actions and procedures, creating habits and developing the awareness, abilities and qualities of citizens on which the successful performance of assigned tasks depends.

Educational institutions implement contents of importance for defence that are carried out through the curriculum in secondary schools (students of the final grades) as an optional subject, and it is not preparation for recruitment and referral to military service.

“What was the total first-time military recruitment in recent years? Please disaggregate by age, gender and (if appropriate) whether as conscripts or volunteers.” The proposal of the Department for Defence Service Obligations is that the requested data should not be submitted to the European Bureau for Conscientious Objection (EBCO), because we believe that they are not relevant in relation to the topic treated in the report.”

A conscript in the reserve forces has the right to lodge a conscientious objection that is to be resolved in accordance with the Law on Civilian Service (Official Gazette of the Republic of Serbia, No 88/09).

Persons in the reserve forces may receive information on the right to conscientious objection in the competent territorial bodies of the Ministry of Defence as well as on the website of the Ministry of Defence.

Persons from the reserve force who invoked a conscientious objection are assigned to civil protection units and other defence forces in accordance with the Law on Civilian Service and the Regulation on the criteria for assigning citizens and material resources for the needs of defence and manning of the Serbian Armed Forces (“Official Gazette of the RS”, No. 75/10).

The employment of those who declare their conscientious objection within the framework of civil protection is under the jurisdiction of the Ministry of Internal Affairs of the Republic of Serbia and is carried out in accordance with the Law on Disaster Risk Reduction and Emergency Management (“Official Gazette of the RS”, No. 87/18) and the Law on Emergency Situations (“Official Gazette of the RS”, No.111/09, 92/11 and 93/12).

The training of persons from the reserve force who filed a conscientious objection and were assigned to civil protection units is carried out in accordance with the Law on Disaster Risk Reduction and Emergency Management (“Official Gazette of RS”, No. 87/18).

The employment of those who invoke a conscientious objection is carried out in the composition of civil protection units and work obligation units.

A person in the reserve force who is employed and is called up in connection with the performance of service in the reserve force, i.e. for training, during the performance of that obligation is entitled to salary compensation in the amount of his average salary in the previous 12 months before the call-up, in accordance with the general act or employment contract, unless otherwise specified by a separate law.

A person in the reserve force who, in terms of the law regulating pension and disability insurance, is self-employed, during the service in the reserve forces service, i.e. training, is entitled to compensation in the amount of the salary base from which he pays mandatory social insurance contribution.

A person in the reserve force who is not insured on the basis of employment or self-employment, an insured farmer, as well as a person in the reserve force, who receives a pension or monetary compensation for being temporarily unemployed, during the performance of service in the reserve, i.e. training for which he was called, shall be entitled to the monetary compensation in the amount prescribed by the Government, in the course of the reserve forces service.

Conditions for entitlement, amount and method of calculation and payment of compensation for performing service in the reserve force, that is, training for the defence of the country, are prescribed by the Government at the proposal of the Minister of Defence.

Article 45 of the Constitution of the Republic of Serbia ("Official Gazette of RS", No. 98/06) guarantees the human right that no person shall be obliged to perform military or any other service involving the use of weapons if this opposes his religion or beliefs.

A person who invokes a conscientious objection may be called up to fulfil their military duty without the obligation to carry arms, in accordance with the provisions of the Law on Civilian Service (“Official Gazette of the Republic of Serbia”, No. 88/09).