human rights and fundamental freedoms of armed forces ... … · focus on the human rights and...
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Human Rights and Fundamental Freedoms of Armed Forces Personnel
Subcommittee on Security and Defence, European Parliament │Brussels, Belgium │ 15 May 2018
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DCAF is dedicated to improving the security of states and people within a framework of democratic governance, the rule of law and respect for human rights.
We assist partner states and international actors supporting these states to improve the governance of their security sector through inclusive and participatory reforms based on international norms and good practices.
We create original knowledge products, promote norms and good practices, provide policy advice, and support capacity building of non-governmental security sector stakeholders.
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• EU Security Sector Governance Facility
• Integrative Internal Security Governance project
DCAF & the EU
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1.Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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Objectives of the Handbook
Focus on the human rights and fundamental freedoms enjoyed by members of the armed forces:▷ Implementation of existing standards▷ Models or best practices of how to
best integrate human rights▷ Take into account necessary
limitations▷ Guidance for OSCE participating
States, which contains all 28 EU member countries
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2.Key insights from the
Handbook
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The Importance of HR and FF of Armed Forces Personnel
Ensuring HR in the Armed Forces means:▷ Citizen in uniform approach▷ Military is integrated in society▷ Prevents military from being misused▷ Protects members of armed forces
from being abused and oppressed▷ Modern evolution of military
operations require integration of human rights
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Human Rights Limitations in the Armed Forces
Any limits or restrictions placed on military personnel’s rights:▷ Must have a military need▷ Must be based on law▷ Must be proportionate▷ Should not be discriminatory▷ Must be demonstrated by the Armed
Forces and no other actors to be necessary
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3.Civil and Political Rights
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Civil and Political Rights
Issues at stake:▷ The right to join a political party▷ The right to stand for elections▷ The right to freedom of association▷ The right to freedom of expression▷ Conscientious objection and right to
alternative service▷ The freedom of religion
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4.Equality, Non-Discrimination,
and Equal Opportunities
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Equality, Non-Discrimination, and Equal Opportunities
• Ethnic and linguistic discrimination
• Women in the armed forces
• LGBT Personnel
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5.Issues of Military Life
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Preventing Mistreatment of Armed Forces PersonnelIssues at stake:▷ Factors of mistreatment
International HR Commitments:▷ Art. 2-6 ECHR; Art. 6,7 ICCPR; CoE, OSCE
Approaches:▷ Preventing bullying
▷ Complaints procedures
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Working Conditions
Issues at stake:▷ Enjoyment of just and favourable conditions
of work
Approaches:▷ Working time and compensation,
remuneration, health
▷ Safety at work, family life
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6.Promoting/Enforcing Human
Rights in Armed Forces
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Human Rights Education
Issues at stake:▷ The importance of human rights training
Approaches:▷ Professional Codes of Ethics or Conduct
▷ Military colleges
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The Responsibility of Commandersand Individual Accountability
Issues at stake: ▷ First line of defence within the barracks
Approaches▷ Moral leadership
▷ Illegal and improper orders
▷ Responsibility for subordinates’ behaviour
▷ Individual accountability
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Discipline and Military Justice
Issues at stake: ▷ Role of military justice system
▷ Comparability of rights, independence of military courts
Approaches▷ Criminal offences & military discipline, type
of court, composition of military court
▷ Prosecution and defence, appeals
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Ombuds Institutions
Issues at stake: ▷ The need for independent and impartial
oversight of the military
Approaches▷ Models (internal, specialized, general human
rights ombudsman)
▷ The functioning of ombuds institutions (independence, effectiveness, protection against retaliation)
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Rights in Multinational Missions
• Professionalization of the armed forces
• Increasingly non-traditional roles
• The need for more coordination and
standards in international missions
• Concerns of rights interfering with
operational effectiveness are often
exaggerated
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Thanks!Any questions?
You can contact me at:[email protected]
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