Human Rights of Armed Forces Personnel Other Romania – professional, technical and cultural associations Malta – affiliation with a registered trade union Latvia – elected non-commissioned officers’ (NCO) councils Italy – representative bodies within a military organization; collective representation subject to legislative, regulatory provisions and conditions Germany – collective interests provided for by the Military Personnel Representation Act Albania – non-governmental organizations and associations for retired personnel established through legislation In countries that do not permit members of the armed forces to join professional associations, the focus is on the chain of command as the traditional mechanism for ensuring the welfare (such as food, housing and healthcare) of those service personnel. This approach places responsibility on the military hierarchy for the welfare of subordinates, which is seen as an intrinsic part of good leadership, resulting in operational effectiveness. Hence, the rights of individual members of the armed forces to associate are restricted, and military associations or collective action are prohibited. The corollary perspective of this approach is an understanding that freedom of association primarily aims to ensure that welfare needs are met, and conditions of service are acceptable. In this view, once these conditions are met or an alternate means to meet these needs is established, then the right to association becomes redundant. Such an understanding counters the established view that the right to association cannot be absolutely prohibited and that any legal restrictions must be foreseeable in their effect and may not be arbitrary. Furthermore, this approach treats the welfare of armed forces personnel as a prerequisite of operational effectiveness. Grievances of individual members of the armed forces are referred through the chain of command, and no mechanism is provided for collective grievances. Restrictions on association may also be balanced (as in Canada) by strong legal rights for service personnel to raise individual complaints with an independent military ombuds institution or with external human rights bodies (see “Chapter 19: Ombuds Institutions for the Armed Forces”). However, in other countries, notably Germany, such systems exist alongside military associations. 118