Human Rights of Armed Forces Personnel
Chapter 5: Civil and Political Rights
Introduction: Issues at Stake
As citizens in uniform, armed forces personnel enjoy the same fundamental rights as
other citizens, including the civil and political rights to participate in public life, to join
and support political parties, to vote and to demonstrate. Many states, however, have
concerns that political activities by members of the armed forces can undermine discipline
in and compromise the political neutrality of armed forces, and that certain such activities
are incompatible with the military profession. For these reasons, the political neutrality
of service personnel is a controversial issue for all military systems. While the rules on
political neutrality within the armed forces are similar across the OSCE region, the extent
of the obligation to refrain from political activities outside the armed forces varies widely.
Similarly, restrictions are often imposed on service personnel’s freedom of speech, in part
because of the need for the armed forces to be seen as politically neutral, and partly to
prevent dissent and insubordination. These topics are discussed in more detail in “Chapter 6:
Freedom of Expression”, on “Freedom of Expression”.
This chapter first deals with the arguments concerning restrictions on political rights. It then
addresses the scope of relevant international human rights standards, as well as limitations
on the right to vote, to stand for office and to participate in political demonstrations.
Examples are provided of the different approaches taken by OSCE participating States to
maintain political neutrality, ranging from less restrictive approaches to those that impose
strict standards of neutrality and restrict rights accordingly. The most frequent limitations
on the political activities of armed forces members are:
• prohibitions on participation and membership in political parties;
• prohibitions on eligibility for elected political office; and
• prohibitions on taking part in public demonstrations while in uniform.
There are several justifications for restrictions of this kind. First, the armed forces, as
defenders of territorial integrity and the constitutional order, need to be independent and
above political controversy, and to be perceived as such. Neutrality helps to ensure that
voters alone determine who governs the state. In many transitional democracies, the armed
forces may be viewed primarily through their historical association with the dominant
political party and ideology. In such contexts, the transition to democratic politics requires
stringent neutrality on the part of the armed forces, in order to ensure a break with past
associations and practices and to establish public confidence in the armed forces.
Second, restrictions are aimed at preventing political controversy within the armed forces that
could detract from their effectiveness and morale. In particular, this applies to criticism of the
country’s political leadership or of the tasks assigned to the military by elected leaders.
76
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents