Conscription gets its day in court
Anti-draft campaigners hope a Supreme Court case beginning today will result in conscription being outlawed.
Lawyers for 14 men known collectively as Bermudians Against the Draft (B.A.D.) are set to argue that the policy is illegal and a breach of human rights.
B.A.D. has alleged that conscripts suffer both physical and emotional ill-treatment at the Regiment's Warwick Camp headquarters.
All Bermudian men aged over 18 and under 23 are liable for call-up through a random ballot administered by the Defence Department.
However, B.A.D. campaigners have spoken of their hope that forced service will be replaced by a paid voluntary force as a result of their action.
Larry Marshall Sr., who founded Bermudians Against the Draft after his sons Lamont and Larry Jr. had wrangles over conscription, said: "Bermuda now stands at a crossroad regarding conscription due to a most courageous group of young men who have taken the judicial route in an effort to abolish this anachronistic, abusive and diabolical system.
"This route was necessary because of the ignorance, intransigence and indifference of politicians who, for all intents and purposes, have failed miserably when it comes to this issue."
Mr. Marshall Sr. said while he hopes for a successful outcome to the court case, which is scheduled to run until Wednesday, the campaigners are prepared to take the matter to the Privy Council — Bermuda's highest court of appeal — if necessary.
Jamel Hardtman, 26, acknowledged that many Bermudians support conscription — a policy that has been in place since 1957.
However, he said: "I hope that everyone in Bermuda can educate themselves on this issue a little more, and understand that we 14 young men are not rebels just trying to get out of some sort of disciplined environment.
"What we are doing is no different to what the National Association for the Advancement of Colored People fights for.
It's a basic human right to not have your rights taken away from you if you've not committed a crime against the laws of a nation."
In legal papers, B.A.D. claims that the ballot to pick conscripts is gender-biased and a breach of human rights because only men are picked, not women.
The group also claims that reasonable efforts have not been made to recruit sufficient volunteers to the Regiment before filling its ranks with conscripts, in violation of the Defence Act.
This newspaper has been unable to obtain figures from the Defence Department detailing what percentage of this year's recruits were conscripts.
However, Defence Administrator Alvin Daniels said at the start of Recruit Camp 2008 that "the majority are conscripts and there are very few volunteers".
Regiment Commanding Officer Lt. Col. William White has said in the past that there are not enough volunteer soldiers for the Regiment to be able to fulfil its roles, which include hurricane relief and maintaining public order.
Current Governor Richard Gozney has declined to give his view on the debate — saying it is for the people of Bermuda to decide.
However, former Governor Sir John Vereker and Minister of Public Safety David Burch have said in the past that conscription has the support of the public.
The most recent opinion poll on the topic, conducted by Research.bm a year ago, showed that two thirds of the 400 people polled backed the policy.
Deputy Governor Mark Capes said at the time: "Among the reasons for that support will be the widely recognised social role of the Bermuda Regiment in providing a disciplined environment for training and personal development for young Bermudians from across the class and racial spectrum.
"And the enormous value of the Bermuda Regiment to the community in assisting with post-hurricane recovery and other difficult situations, such as the fire at Marsh Folly, speaks for itself."
• Read updates on today's court hearing on our website at www.theroyalgazette.com and in-depth coverage in tomorrow's paper.