ÜBERSETZUNG AUS DEM DEUTSCHEN COMPULSORY MILITARY SERVICE IN THE 21ST CENTURY MORE SECURITY FOR ALL (ORIGINALTITEL: WEHRPFLICHT IM 21.JAHRHUNDERT, MEHR SICHERHEIT FÜR ALLE) Contents Compulsory military service in the 21st century IMPRINT PUBLISHED BY: Federal Ministry of Defence Press and Information Office Public relations branch Stauffenbergstr. 18 10785 Berlin INTERNET: www.bundeswehr.de CONTENTS THE DISCUSSION ON UNIVERSAL CONSCRIPTION ASPECTS OF SECURITY POLICY Tasks The Army within the Alliance Preventive Security Measures Quality Costs SOCIAL ASPECTS PHOTOS: Federal Ministry of Defence, dpa BY THE WAY...... Integration Equity First conscript army in a democratic Germany EDITION: April 2002 2 6 10 12 ASPECTS RELATING SPECIFICALLY TO THE ARMED FORCES TEXT: Federal Ministry of Defence, Fü S I 4 LAYOUT AND PRINTING: Typo-Druck & Design, Bonn Druckhaus Bachem GmbH & Co KG, Köln 4 16 18 20 22 24 LATEST DEVELOPMENTS ON CONSCRIPTION Types of military service Neighbours DECISION OF THE FEDERAL CONSTITUTIONAL COURT OF 20 FEBRUARY 2002 26 28 30 3 Compulsory military service in the 21st century The discussion on conscription THE DISCUSSION ON UNIVERSAL CONSCRIPTION Does the Federal Republic of Germany still need conscripts in order that the Bundeswehr can continue to ensure security and stability in the future? This question was a subject of public discussion not only in the run-up to the ruling of the Constitutional Court which was published on 10 April 2002. In addition it is frequently argued that an all-volunteer army would lead to savings in personnel costs – a claim which raises hopes with respect to further consolidation of the budget. But is it really possible to reduce costs by abolishing compulsory military service? In this process there are three areas which are uppermost in the public discussion: Alleged inequity in conscription is another argument which is repeatedly put forward by those who oppose conscription. Equity in conscription – or more exactly equity in duty – is in fact a prerequisite for maintaining conscription. But can the new Bundeswehr, which makes do with fewer soldiers than in the past, still guarantee equity in conscription or duty? Doubts are frequently voiced about the purpose and appropriateness of universal conscription in view of international missions. Hasn’t the security situation in Germany and the whole world which predominated for several decades changed dramatically since 1989/90? Isn’t there a need for completely new instruments to counter new threats and fresh challenges? Could it be that conscripts are a useless and expensive relic of a bygone age? Is it therefore still possible to justify compulsory military service? 4 An objective debate on compulsory military service must be based on facts. The purpose of this brochure is to contribute to this. 5 Compulsory military service in the 21st century Aspects of security policy TASKS At present, the discussion of the security situation mainly concentrates on international missions for conflict prevention and crisis management. The contributions made by the armed forces in peacetime to collective defense within the Alliance, to stability in Europe, to international politics in general and prevention by deterrence often recede into the background. The protection of Germany and its citizens is a constitutional mandate. The security requirements are the most important criterion for determining the nature and size of the armed forces, but not the only one. Regardless of current developments, the government is required to make long-term and far-reaching security provisions. The events of 11 September 2001 have shown how fast abstract risks can become concrete threats and even attacks on life and limb. For this reason, the capability to conduct national defense and collective defense within NATO must be preserved in the security environment of the 21st century, too. Even if it is improbable that we will have to repel a major aggression in the context of collective defense due to political upheavals in Europe and the resulting 6 7 Aspects of security policy dpa Compulsory military service in the 21st century security evaluation, such a situation with its catastrophic consequences would, however, be the worst case imaginable. Its prevention therefore continues to be an essential part of the responsible preventive security measures taken by the government. With its standing strength and its buildup capability, the Bundeswehr will continue to make a key contribution to the protection of our country, collective allied defense and stability in Europe. Collective defense is the Bundeswehr’s primary function. It comprises national defense in an Alliance context and support of members of the Alliance. National defense within the Alliance can be conducted in Germany and elsewhere. It may in the final analysis require the buildup to wartime strength which can only be ensured by universal conscription. By implementing a structure that allows for appropriate buildup, the Bundeswehr ensures its operational readiness for even a worst-case scenario. September 11, 2001 demonstrated in a drastic way that a country may be attacked even if it is surrounded by friends only. Besides, ongoing missions abroad aimed at 8 conflict prevention and crisis management cannot be stopped simply for the benefit of protection tasks. Such personnel-intensive protection tasks are: point defense, traffic flow regulation, NBC protection and technical support in a crisis. The personnel of the deployment forces will be available only to a limited extent for the protection of the home base in a crisis. However, this home base is particularly at risk when German and allied forces are actively committed. Conscripts perform these tasks in Germany and thus ensure the operational readiness of our armed forces abroad to a considerable degree. The argument that conscripts in basic military service are not available for conflict prevention and crisis management missions abroad and that there is no longer any point in conscription does not hold true, either. Approximately 10 per cent of extended service personnel are voluntary extended service conscripts. Totaling 20 per cent of the soldiers on deployment, they constitute a contingent relevant for ensuring the missions. No conscript is sent on deployed on operations without his consent. The Bundeswehr has reserves which can be activated in a state of tension or for disaster relief. Without conscription, it would only be possible to maintain this instrument on a much smaller scale. Against this background, a sufficient force level and the buildup and mobilization capability of the armed forces must already be ensured in peacetime. The buildup capability alone is a crisis management instrument which should not be underestimated. Used with discretion to indicate political determination, a buildup can have a stabilizing effect in a crisis, and prevent further escalation. A conscription-based army will provide a far more flexible build-up potential and will be better able to respond to developments than a volunteer army. Reserves can only be mobilized if they are available, and maintaining a sufficient number of reserves is only possible by means of conscription. 9 Compulsory military service in the 21st century Aspects of security policy THE ARMY WITHIN THE ALLIANCE Safeguarding peace is the primary objective of German foreign and security policy. Security in and for Europe is indivisible and calls for comprehensive, multinational preventive measures. Germany contributes to common security as an active member of the United Nations, the Organization for Security and Cooperation in Europe, the North Atlantic Treaty Organization and the European Union. Retaining compulsory military service in Germany is a clear indication to our allies of the future direction of our security policy, especially in view of the buildup and mobilization capability that goes with it. 10 Compulsory military service underlines • Germany’s intention as the largest European partner in the Alliance to continue to contribute in the spirit of solidarity to the collective defense of NATO; • Germany’s willingness to meet its commitments to the Alliance, to consolidate transatlantic relations and to build a common European security and defense policy; • Germany’s contribution to general stabilization, crisis prevention and collective defense. 11 Aspects of security policy Compulsory military service in the 21st century PREVENTIVE SECURITY MEASURES As a basic preventive security measure in peacetime, Germany will have armed forces available with a total strength of 285,000 soldiers: • 202,400 regulars and temporary-career volunteers, • 80,000 conscripts in basic military service of whom 53,000 are basic military service conscripts and 27,000 voluntary extended service conscripts. In addition, an average of 2,600 reservists will be on duty throughout the year. In recent years, the Bundeswehr has taken the changed security situation into account to a considerable extent: between 1990 and 2001, the total strength of the armed forces was reduced by approximately 43 per cent (see page 14). With the fundamental renewal of the Bundeswehr and by redefining the structure and strength of the armed forces, our government is meeting its obligations to its own citizens and also to the Alliance. Taking Germany’s security environment, its neighbours and the overall German population into account, the changes in the peacetime strength are ade12 quate, appropriate from the Alliance policy point of view and commensurate with the risk (see page 15). A NATO comparison shows very clearly that with 0.34 per cent of our total population belonging to the Bundeswehr, including conscripts, we are way below the NATO average of 0.51 per cent. The Bundeswehr is not oversized. On the contrary, the fact that the proportion of the entire population who belong to the armed forces is so low shows that there is no reason for a further reduction of the armed forces in Germany. This applies irrespective of the security situation. 13 Aspects of security policy Compulsory military service in the 21st century DEVELOPMENT OF THE PERSONNEL STRENGTH OF THE BUNDESWEHR1 495.000 6.000 219.000 471.000 15.000 370.000 4.000 202.000 155.000 270.000 254.000 338.000 3.000 131.750 285.000 2.600 WÜbPl 80.000 211.000 203.250 202.400 55% 54% 57% 60% 71% PSM 84 PSM 95 PSM 370 PSM 340 PSM 2000 GLOSSARY: excluding NVA (National People’s Army, armed forces of the German Democratic Republic) 2 PSM = Personalstrukturmodell (manpower structure model) 1 WÜbPl GWDL BS/SaZ = Wehrübungsplatz (reserve duty training place) = Grundwehrdienstleistender (basic military service conscripts) = Berufssoldaten/Soldaten auf Zeit (regulars and temporary-career volunteers) GWDL BS/SaZ ARMED FORCES AS A PERCENTAGE OF THE OVERALL POPULATION IN NATO STATES Country Population (millions) Belgium 10,20 42.500 0,42 Denmark 5,30 21.400 0,40 Germany 82,00 282.400 0,34 France 58,90 296.000 0,50 Greece 10,60 171.000 1,61 Great Britain 58,70 211.000 0,36 0,28 Not applicable Not applicable Italy 57,30 255.000 0,45 Canada 30,90 56.800 0,18 Iceland Luxembourg 0,43 850 0,20 Netherlands 15,70 55.100 0,35 Norway 4,40 24.600 0,56 Poland 38,70 184.000 0,48 9,90 45.000 0,45 Spain 39,60 145.000 0,37 Czech Republic 10,30 55.000 0,53 Turkey 65,50 630.000 0,96 10,10 46.000 0,46 276,20 1.350.000 0,49 Portugal Hungary USA Average 14 Military personnel Percentage of the Population 0,51 15 Compulsory military service in the 21st century Aspects relating specifically to the armed forces QUALITY There are other military reasons for compulsory military service apart from the security situation. Conscription implies a constant turnover of high quality personnel, bringing young people from all walks of society into the Bundeswehr. They always expect the Bundeswehr to address the current problems of the time and thus, in a positive sense, pose a constant challenge to their superiors to take note of social changes and react accordingly. Universal conscription makes the entire spectrum of school and occupational qualifications offered by society available to the armed forces. It guarantees a constant quality in the armed forces. Conscripts bring with them • a considerable potential of general and specialized education, • a broad spectrum of trades and professions, • intelligence in practical and theoretical matters, • expertise from all fields of knowledge, 16 Consequently, the conscript army is the “more intelligent army”. The average age of the soldiers in our conscript army is considerably lower than that of the professional armed forces of other states. This, too, enhances performance. When it comes to recruiting temporarycareer volunteers, conscripts again ensure quality : • approximately 45 % of temporary-career volunteers came to appreciate the idea of a career in the armed forces during their compulsory military service, among them many officers and generals; • it is only via conscription that many young people with specialized skills which are in great demand, for example in the field of IT, can be won over to the Bundeswehr as a workplace. If we want to continue to recruit such personnel, we cannot dispense with compulsory military service. 17 Compulsory military service in the 21st century Aspects relating specifically to the armed forces COSTS The budgetary factor as a reason for retaining conscription should not be underestimated. In times when funds are scarce, cost cutting has a high priority. A volunteer army will not be able to satisfy these hopes. The results of comprehensive studies can be interpreted in different ways, depending on the cost definition used. In all cases, the following facts must be taken into account: • A volunteer army is always more expensive than a corresponding conscript army of the same size. • In view of the financial resources available, the strength of the Bundeswehr considered necessary from the security point of view can only be maintained if conscription is upheld (see page 14). COSTCOMPARISON • Allied nations which hoped that by abolishing conscription they could cut costs had to accept increased personnel expenditure despite considerable reductions in size. A cost accounting system based exclusively on business management principles is inadequate for a conscription army, anyhow. Allowances must be made for politico-economic effects, as well. Here, too, there are good arguments in favor of conscription. All in all, cost aspects clearly speak in favor of conscription. The average annual rates for the individual status groups are as follows: Regulars and temporary-career volunteers (pay only) VSC 1 : BSC2 : Reserve duty training space: 29.300 € 15.600 € 11.500 € 27.100 € 1 VSC = Voluntary Extended Service Conscript 2 BSC = Basic Service Conscript 29.300 27.100 15.600 11.500 GLOSSARY: Berufs- und Zeitsoldaten FWDL GWDL Wehrübungsplatz 18 = = = = Regulars and temporary-career volunteers VSC BSC Reserve duty training place Berufsund ZeitSoldaten FWDL GWDL Wehrübungsplatz 19 Compulsory military service in the 21st century Social aspects INTEGRATION Irrespective of security developments, conscription is of great socio-political importance. It creates armed forces which are in touch with the citizens. Again, many points speak in favor of preserving the integrative character of the German conscript army: • Conscription is the better means of integrating the armed forces into both state and society. - It clearly expresses the common responsibility of all citizens to safeguard peace and freedom. - It ensures that people remain aware of defense. - It is an important means of firmly anchoring the armed forces in society and the democratic order and of integrating the Bundeswehr. - It enables society to exercise control over the armed forces on a broad basis. 20 • Social changes have prompt and direct effects on a conscript army. • Through conscription the Bundeswehr is supported by all social classes which puts it on a broad footing. • In Germany, conscription fosters confidence in the Bundeswehr and support of the soldiers among the population. • Conscripts and reservists act as multipliers in public and in politics, especially when security problems are under discussion. • It promotes the integration of young German citizens of foreign descent. From the sociopolitical point of view, a conscript army is the right and appropriate solution. 21 Compulsory military service in the 21st century Social aspects EQUITY IN SERVICE AND CONSCRIPTION Equity in service, i.e. the call-up of males fit for military service to fulfil their duties to society, is a prerequisite if we are to retain conscription. But not all conscripts are in fact available. Only those who are classified as fit for service during the pre-induction examination can actually be called up. From this group we then also have to subtract those young men who have signed on with the police, Federal Border Guard (BGS), Federal Technical Emergency Relief Service (THW), disaster control, fire brigade or overseas development service (external demand) and are therefore not obliged to render military service. Others are exempted or excluded from military service due to statutory provisions, as for example: • clergymen of various denominations, • men liable to military service who have been awarded custody of their child, • “third son provision”(Third sons of families where both older brothers have served.) • persons sentenced to imprisonment for at least one year by a German court. The remaining men fit for military service, i.e. approximately two thirds of the respective age group, render basic military service, serve as volunteers in the Bundeswehr or are conscientious objectors. Over the past few years, the number of formally recognised conscientious objectors totaled more than one third of the eligible age group. There will always be a limited percentage of the available conscript pool who are not 22 called up. The question of justice is already essentially answered by the fact that this percentage is very low. In the past, usually some 2 per cent of the conscript pool was not exhausted. In times of change, e.g. after reunification in 1990, this figure has been known to be as high as 16 per cent. During the on-going fundamental reorganization of the Bundeswehr, this figure may increase temporarily to more than 5 per cent. But it will decrease again due to the fact that future age groups will have a lower birth rate. Thus service and conscription equity will correspond to the average which has been accepted for many years. 23 Compulsory military service in the 21st century By the way ... THE FIRST CONSCRIPT ARMY IN DEMOCRATIC GERMANY On November 12, 1955, the first 101 Bundeswehr volunteers received their letters of appointment. This date was chosen specially to commemorate the 200th anniversary of the birth of Prussian army reformer, General von Scharnhorst. Scharnhorst developed the idea that every citizen is a born defender of his country. This idea was an integral part of a reform concept developed at the beginning of the 19th century, the special aim of which was to establish a connection between the state and the people, to guarantee civil rights and to set up a representative constitution. To the reformers, universal conscription meant making the army an integral part of society, serving out of inner conviction and respecting the dignity of the individual. 24 Continuing in this vein, the Bundeswehr called up its first conscripts on 1 April 1957. For the first time in German history, Germany had a conscript army in a democratic political system. For more than 40 years now, the young conscripts have given life to the concept of the “citizen in uniform”. The idea of “Innere Führung” (leadership and civic education) which is closely connected with this concept is thus put into practice each day by the conscripts. There is a bond of solidarity between conscripts and citizens, and the citizens expect the conscripts to fulfil their commitment to the state. As a result, Germany has at its disposal armed forces which are controlled by Parliament and integrated into society, and whose soldiers simultaneously are citizens and combatants. 25 Latest developments on conscription Compulsory military service in the 21st century TYPES OF MILITARY SERVICE With its decisions on the cornerstones of Bundeswehr reorientation of 14 June 2000, and on the 2001 budget, the Federal Cabinet approved the parameters and foundations for a comprehensive reform of the Bundeswehr. This made it possible to implement the concept of flexible basic military service as from January 1, 2002: 26 • Duration of basic military service: nine months • Flexible term of service: - nine months en bloc (BSC W 9) or - nine months in three steps (BSC W 9 A) = six months + six weeks + six weeks - Voluntary extended military service of up to 23 months (VSC) • Stationing of conscripts rendering basic military service as near to home as possible and matching their civilian occupations as closely as possible • Strengths: - 53,000 basic military service conscripts - 27,000 voluntary extended service conscripts (VSC) • Employment of VSCs mainly in the deployment forces • Service bonus for VSCs beginning from the tenth month of service and then increasing gradually from 20.45 € per day in the tenth month to 24.54 € in the 19th month. 27 Compulsory military service in the 21st century Latest developments on conscription NEIGHBOURS Pursuant to Article 12a of the German Basic Law, men who have reached the age of 18 can be called up into the armed forces, Federal Border Guard or a civil defense organization. During recent years, some countries in Europe decided in favor of an all-volunteer army and at the same time reduced their armed forces considerably. Their hopes that by doing so they could save personnel costs were not fulfilled, however. Although some armed forces are still in the transition phase, initial experience shows that discontinuing conscription causes considerable problems: • Dramatic cuts in recruitment numbers • Additional costs for expensive pay increases and advertising campaigns • To an increasing extent it is necessary to fall back on applicants without any vocational training who want to obtain a qualification in the armed forces • Consequently, recruitment standards are lowered in order to satisfy demand. NATO member states In view of this experience with the discontinuance of conscription and Germany’s significant security role in Europe, it would be rash for Germany to follow suit. Country Basic military service Belgium no compulsory service Denmark compulsory service Germany compulsory service France no compulsory service Greece compulsory service Great Britain Iceland What this boils down to is: Italy2 With regard to the given security situation, the social context and the resources available , the constitutional mission of the Bundeswehr can be ensured only if conscription is continued. 28 No armed forces 2 To end in 2005 compulsory service Canada no compulsory service Luxembourg no compulsory service Netherlands no compulsory service Norway compulsory service Poland compulsory service Portugal compulsory service Spain 1 no compulsory service 1 no compulsory service Czech Republic compulsory service Turkey compulsory service Hungary compulsory service USA no compulsory service 29 Compulsory military service in the 21st century Decision of the Federal Constitutional Court • The Federal Constitutional Court adheres to the established practice that universal conscription is consistent with the German Basic Law. Universal conscription is “constitutionally embodied” in the Basic Law. • The constituent authority did not make the introduction of universal conscription subject to any further prerequisites, especially not to a particular security situation. On the contrary, there are further reasons for retaining conscription, for instance existing commitments within the Alliance. 30 dpa RULING OF THE FEDERAL CONSTITUTIONAL COURT OF 20 FEBRUARY 2002 31 Compulsory military service in the 21st century DECLARATION OF THE FEDERAL CONSTITUTIONAL COURT IN THIS CONTEXT: „The current public discussion of the pros and cons of universal conscription makes it quite clear that a complex political decision is at stake. Questions concerning, for example, the type and strength of military precautions to be taken against risks, democratic control, recruitment of qualified personnel and the costs of a conscript or volunteer army are issues of political prudence and economic expediency which cannot be reduced to a constitutional question. In its ruling of 13 April 1978, the Federal Constitutional Court already explained that the possibility to chose between a conscript and a volunteer army which is offered to the legislator is a fundamental national decision which influences large areas of life in state and society. When making this decision, the legis- lator has to evaluate not only defense aspects, but also general political, politico-economic and socio-political reasons which have a very different significance and have to be balanced against each other (Federal Constitutional Court 48, 127 [160]). According to the constitutional order of the Basic Law which separates the powers, it is therefore incumbent on the legislator and the Federal bodies in charge of the defense establishment to decide on those measures required to concretize the constitutional principle of national military defense. These bodies are responsible for deciding on the basis of mainly political considerations which regulations and directives appear to be necessary to ensure efficient defense in accordance with the constitution and in the context of existing commitments to the Alliance.” Source: Extract from the ruling of February 20, 2002, marginal note 47 32
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