Human Rights of Armed Forces Personnel
Good Practices and Recommendations
104
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Members of the armed forces should have the same rights to vote in elections as
other citizens.
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Where military duties prevent armed forces personnel from voting in the normal
way, the armed forces should take positive measures to enable them to vote in conformity with electoral law.
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Members of the armed forces and military personnel should be permitted to join
legal political parties. Restrictions should only be imposed in the case of political
parties that actively threaten the constitutional order.
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Where restrictions are imposed on service personnel’s right to hold office in political parties, engage in political campaigning or stand for election to political office,
these should be prescribed in legislation, be strictly necessary and proportionate,
and be applied in a non-discriminatory fashion.
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Any restrictions on the right of service personnel to take part in peaceful assemblies
should be prescribed in legislation, be strictly necessary and proportionate, and be
applied in a non-discriminatory fashion.
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Restrictions on the freedom of expression of service personnel should be based on
legal authority, be clear and foreseeable, and should not go beyond what is necessary to protect national security or other protected interests listed in relevant international human rights instruments. Such restrictions should also be proportionate
to these intended aims.
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Where states impose restrictions on the private communications of armed forces
members on grounds of national security, they should respect the right to private
and family life and impose restrictions only to the minimum extent necessary. Where
service personnel members are deployed, they should, as far as possible, be able to
maintain private contacts, and reasonable means should be provided to this end.
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Armed forces should develop clear guidance for their personnel about the use of
mobile phones and social media in restricted locations or while on combat missions.
This guidance should balance military effectiveness and safety with the rights of
freedom of expression and respect for private and family life.
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Guidance on the appropriate use of social media should address potential questions
of cyberbullying and harassment. A clear contact person on this issue should be
identified, to avoid duplications and ensure that all claims of cyberbullying and/or
harassment are properly dealt with.
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Multiple avenues for reporting illegal conduct, human rights abuse and wrongdoing
should be provided, and treated as a support to the chain of command and moral
leadership. Whenever possible, these would include in-person reporting in places
other than military barracks, such as at offices of internal and independent oversight bodies or police stations, or using remote methods, like a toll-free number or a
secure email address.
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