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Conscription in Germany

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Through Emergency service, Nazi Germany and Combat

The constitution (called Basic Law for the Federal Republic of Germany) and several special laws (e.g., Wehrpflichtgesetz) regulate these duties and exceptions. In the last year of active conscription, men were obliged to either (1) serve six months in the military, which they could refuse, or alternatively (2) complete an alternative civilian service of at least six months in hospitals, youth organisations, nursing homes, rescue services, emergency medical services, care of disabled people or a civil defence organisation. Families of those who were victims of or oppressed by the Nazi regime (predominantly Jews) were exempted from conscription, although some volunteered to serve.

History

Military service for conscripts

Men who did not state that they were conscientious objectors and did not request civil service were by default conscripted into military service (Wehrdienst) in the Bundeswehr. Basic training (Allgemeine Grundausbildung) comprised three months of combat training, then three months' service at an assigned post. The conscript would normally reach the rank of Obergefreiter (NATO code OR-3, comparable to U.S. Army Private First Class). During his service, he received free health care, housing, food, and railway travel between his home and military base. Conscripts were paid between €9.41 and €10.95 per day of basic pay (depending on rank) plus several bonus payments such as distance-from-home pay, additional food pay for days absent from service.

Service in Civil Protection Services

Conscripts could also opt for a civilian substitute service, which was, by law, equal to military service, consisting mostly of medical ambulance organisations and organisations for disaster relief (Katastrophenschutz). This was subject to validation by local authorities, who usually were allowed a certain contingent of such volunteers per year of birth. Thus, organizations such as the Technical Relief Service (Technisches Hilfswerk, abbreviated to THW), volunteer fire services, and other emergency assistance and crisis management agencies such as the Red Cross were supported in performing their volunteer services in disaster response. In the ambulance services, their service could overlap with the service of conscientious objectors.

Conscripts that served in civil protection received no payment outside of compensations for clothing and transportation expenses, as they were performing an honorary service (ehrenamtlich).

Conscientious objection

The German constitution requires that conscientious objection be possible, and therefore conscripts were allowed to perform civilian alternative service (Zivildienst or Wehrersatzdienst). The conscientious objection had to be declared in a personal letter to the local branch (Kreiswehrersatzamt), with an appendix outlining one's moral objections. The branch then sent this appendix to the Federal Office for Civilian Service (Bundesamt für den Zivildienst) for approval or denial. From 1983, denial of conscientious objection claims was quite rare, but prior to 1983 the objector had to defend the validity of his claim before a committee at the draft office. These claims must have been directed against war and military service in general, without regard to the circumstances, and, if they were rejected (which was then a common outcome), the only legal recourse was to challenge the decision in administrative court. While the option of conscientious objection is required by law, in the past there were several hurdles in place to discourage it. Until 1983 conscientious objectors had to undergo a Gewissensprüfung (lit. 'conscience inspection'), an oral examination before a board that tried their motivations, which could decide to deny them conscientious objector status.

Those who objected had to perform civilian alternative service, lasting the same amount of time as military service, plus one additional month, during which they may have found employment with a civilian institution that renders a public service, such as a kindergarten, hospital, rehabilitation center or assisted living facility for the elderly. Alternative service could be more convenient than military service since the conscript could continue living at home rather than in military barracks.

Before German reunification in 1990, residents of West Berlin were exempt from conscription as West Berlin did not formally belong to the Federal Republic of Germany. Therefore some young men moved to West Berlin immediately upon their high school graduation in order to avoid conscription, and thus served neither in the military nor in an alternative service. A total of around 50,000 West German men evaded conscription by moving to West Berlin.

In East Germany, conscripts who were not willing to bear arms were drafted into the National People's Army as construction soldiers (Bausoldaten). They were deployed to public construction projects, and sometimes also to fill worker shortages in various parts of the East German economy, such as the mining industry. Men who served as Bausoldaten were frequently subjected to discrimination by the East German state, even after they had finished their service. For example, former Bausoldaten were often barred from enrolling at university.

Duration and payment

The German constitution also requires that the duration of civilian service does not exceed that of military service. Beginning in 2003, civilian service was of the same duration in months as military service. Until then there was a rate in hours both services had to serve, which was then divided by the average daily work hours in military and civil service. Thereby, civil service tended to be 1–3 months longer than military service, as the latter used to have 50 working hours a week (as opposed to 40 working hours in civil organisations). This made four "military weeks" equivalent to five "civil weeks". This practice was abolished when the conscription duration was reduced from 10/12 months to 9/9 and later 6/6 months.

Exemption from service

Women were not conscripted, but they could serve voluntarily. Since 1975 women have been allowed to serve in medical and music band functions. In 2001 the European Court of Justice ruled that limiting women to these functions was against European law. Subsequently, all positions in the Bundeswehr were opened up to women but without also changing the constitution that would have made all genders equal in this regard.

Under a deal between the German Defense Ministry and the Central Council of Jews in Germany, Jews descending from Holocaust victims (up to the third generation) were exempted from military service obligations, but could still volunteer for military service. For decades, volunteering for military service was taboo in the German-Jewish community, but eventually, Jews began joining. In 2007, there were an estimated 200 Jewish soldiers serving in the Bundeswehr.

Men could be exempted from conscription for various reasons. The most frequent reason was medical exemption (Ausmusterung). All conscripts, including conscientious objectors but excluding those exempt for other reasons, had to attend a medical examination (Musterung) at the local conscription branch (Kreiswehrersatzamt). Those who did not pass were exempted from conscription, both military and civilian.

Anyone sentenced to more than a year of imprisonment, or who was charged with a felony against peace, democracy, the state, or state security was not conscripted. Priests were also not drafted, and another provision released everyone from military service who had two siblings who had already served. The same was true for men whose fathers, mothers, or siblings died in military or civil service. Men who were married, living in a registered civil union, or had children were also free to choose. In addition, anyone employed in areas of significant public interest could be exempted from military service upon request. This mostly applied to policemen, career firemen, and specialists in telecommunication and engineering services.

Alternative services to Zivildienst

Another alternative was to become a foreign Entwicklungshelfer (lit. 'development helper'), which means that the person would be expected to work in a technical capacity in a recognized developing country for a period of not less than two years. To qualify for this option, the candidate had to meet the requests of the chosen agency which included formal vocational training or an educational program that granted a recognized qualification in a marketable skill making him a useful asset in a developing host country. Many men who chose this option became so engaged in the developmental needs of these countries that they stayed abroad many years longer than the legal requirement. The disproportionately high percentage of German nationals found in many international aid, conservation, medical and technical assistance organizations active in developing countries may be directly attributable to this.

Women and unconscripted men were able to opt into serving one year of voluntary service in a social or environmental institution, called Freiwilliges Soziales Jahr (FSJ) and Freiwilliges Ökologisches Jahr (FÖJ), respectively. It was not a real alternative to military service, but for most practical purposes identical to the civilian alternative service that conscientious objectors were required to serve. This included social security coverage for the term of service and might have given the young attendee a direction for their later career as well as a certain improvement in soft skills.

Total resisters (Totalverweigerung)

If a conscripted man refused to serve in the military and refused alternative service, he was subject to legal prosecution and imprisonment. The sentence was dependent upon the way he refused to serve. In the military it was prosecuted under military law as desertion (Fahnenflucht) and insubordination (Gehorsamsverweigerung), whereas in the civilian alternative service it was AWOL (Dienstflucht). It was never a court-martial. The accused man was often prosecuted under juvenile law and in theory could be fined or imprisoned for up to five years. In practice, the most frequent punishment was three months imprisonment, as longer first-time sentences would be recorded in his Polizeiliches Führungszeugnis (certificate of conduct).

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