Global Facilitation Network for Security Sector Reform (GFN-SSR)

Handbook on Human Rights of Armed Forces Personnel

 Printable version

To what extent do military duties and requirements justifiably limit armed forces personnel from expressing their human rights? What examples of best practice can be found among Organisation for Security and Cooperation in Europe (OSCE) member states of integrating human rights into their armed forces? This handbook, by the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) and the Geneva Centre for the Democratic Control of Armed Forces (DCAF, looks at successful best practice from member countries.

The OSCE Code of Conduct on Politico-Military Aspects of Security embodies a “citizen in uniform” approach to human rights in the armed forces. This holds that armed forces personnel are entitled to enjoy their human rights and fundamental freedoms, but these are subject to the limitations and duties of military service. Limitations include preserving discipline, maintaining the political neutrality of the armed services, protecting classified information, obeying orders, and maintaining the hierarchical structure of military organisation.

Human rights relating to the armed forces are structured into four groups:

1. Civil, political and religious rights - Key issues in this area include reconciling political neutrality with rights of free assembly, and integrating religious freedom (including dress) into military structures.
2. Equal opportunities and non-discrimination - Armed forces will operate more effectively in the national interest if they are broadly representative and not dominated by one ethnic group
3. Rights relating to military life - These include recruiting and selecting underage personnel, standards of working and living conditions, and dealing with bullying and mistreatment.
4. Promoting and enforcing rights in the barracks - These include human rights education, responsibilities of commanders, and military justice and ombudsman institutions.

The understanding of the “citizens in uniform” concept varies from country to country depending on history, military culture, transition from authoritarian rule to democracy, and experiences with war and conflict. There is therefore no single model for protecting the human rights of armed forces personnel. A clear constitutional basis is recommended for the armed forces. Most constitutions don’t usually deal specifically with human rights in the armed forces. However they do set the context for the functioning of the armed forces at home and abroad. Constitutional framework is especially important in countries where there has been a transition from civil war. Human rights education should be a core component of training, especially where armed forces have been involved in inter-communal conflict.

Other key points include:

• Civil and political restrictions should be prescribed in legislation, be strictly proportionate, and be applied in a non-discriminatory fashion.
• Armed forces should wherever possible accommodate religious practices of dress and worship. Where practices adversely affect military effectiveness restrictions should be based on clear legal authority and be proportionate.
• Dealing with discrimination is not just a matter of providing legal avenues for handling complaints. US and UK experience show the importance of policies and management initiatives.
• To protect the rights of recruits under 18, it is necessary to invest in prevention, norm-setting and enforcement. Legislation should explicitly ban informal initiation practices in the military.
• Personnel executing unlawful orders or acting illegally on their own initiative are held individually accountable for offences or crimes committed. Armed forces personnel cannot escape responsibility by hiding behind their unit or orders given by superiors. Armed forces personnel have a duty to disobey illegal orders.
• Restrictions on economic and social rights should be specific, not general. In case of injury or death the government should provide adequate care to personnel and their families.
• An independent defence ombudsman is an effective way to deal with complaints, errors and systematic problems in the armed forces.

• The English and Russian versions of the Handbook are available online at www.dcaf.ch/publications/kms/details.cfm?id=54310&nav1=5.
• Versions in other languages will be published later in 2008.
• Hardcopies of the handbook can be ordered free of charge from ODIHR at www.osce.org/odihr/item_11_30553.html.

Access full text