Compendium of Standards, Good Practices and Recommendations
Good Practices and Recommendations
Many OSCE participating States allow for the existence of military associations, either
formally or informally. Given that the right to associate is protected by key international
human rights instruments and has been upheld by relevant case law, it is essential
that service personnel are permitted to organize themselves as a means to exchange
information, know their rights and seek to promote these rights collectively. This also
includes the right to be affiliated with national or international representative bodies.
The following recommendations may help ensure greater compliance with the right to
freedom of association:
»
States should permit all members of the armed forces to join either a professional
association or a trade union representing their interests.
»
Special attention should be given to representing the interests of different underrepresented groups, such as ethnic and religious minorities and women serving in
the armed forces, irrespective of whether or not any they are enrolled in a military
association.
»
Military associations should be allowed to join national and international umbrella
organizations.
»
States should organize a well-regulated social dialogue via which representative
associations are consulted on issues concerning the conditions of service.
»
Armed forces personnel should be free to participate in the activities of professional
associations or trade unions without being subject to disciplinary action, victimization or discrimination.
»
Where restrictions are imposed on collective action by members of the armed
forces, they should be prescribed by law, non-discriminatory, proportionate to
legitimate state interests and recognized in human rights treaties.
Further reading
European Court of Human Rights, “Factsheet on Trade Union Rights”, 2016, https://www.echr.
coe.int/Documents/FS_Trade_union_ENG.pdf.
ILO, Decisions of the Committee on Freedom of Association, 6th edition (Geneva: ILO, 2018),
http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---normes/documents/publication/
wcms_632659.pdf.
ODIHR, Guidelines on Freedom of Association (Warsaw: ODIHR, 2015), https://www.osce.org/
odihr/132371?download=true.
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