Human Rights of Armed Forces Personnel Chapter 7: Military Unions and Associations Introduction: Issues at Stake The freedom of association with others is a fundamental right that is clearly recognized in major human rights treaties and includes the freedom to join professional bodies and trade unions. Some states have long-standing arrangements allowing armed forces personnel to join associations representing their interests. Several other states have granted this right in recent years. In several states, however, the unionization of military personnel has been viewed as conflicting with the unique requirements of the military in achieving its role of maintaining national security. Moreover, a distinction should be made between different models of military associations, such as professional associations, trade unions and other informal mechanisms of consultation. There exists no internationally agreed definition of a trade union or other types of military associations. For example, the ILO’s Convention on Freedom of Association and Protection of the Right to Organise (1948)226 refers, instead, to “workers’ organisations” aimed at “furthering and defending the interests of workers”. The central question when considering military unions or associations is not what such bodies are called, but rather how to respect the rights of military personnel to freedom of association while at the same time meeting the needs and legitimate concerns of the military and the state, given the military’s unique function. In addition to the freedom to join professional bodies and trade unions, freedom of association also extends to collective action, such as public demonstrations and statements representing the group interests of service personnel. These aspects are covered in greater detail in “Chapter 5: Civil and Political Rights”, while “Chapter 15: Working Conditions and Support for Veterans” discusses issues related to the working conditions of armed forces personnel. The focus of this chapter, however, is the recognition of military associations and unions for the enjoyment of the right to freedom of association. Collective bodies can play a valuable role in representing their members’ interests, including protecting their human rights. Military associations or unions may help to ensure that service personnel are aware of their rights, promote the welfare of individual members by pursuing grievances on their behalf, represent their interests at different levels and consult or negotiate on collective conditions of military service. They may also play a valuable role as intermediaries between the Ministry of Defence and armed forces personnel when issues such as restructuring the military are discussed. Box 7.1 illustrates the range of questions covered by collective consultation in selected OSCE participating States. 226 106 ILO, “Convention Concerning Freedom of Association and Protection of the Right to Organise”, op. cit., note 34.