Human Rights of Armed Forces Personnel
politics may be justified by the need to separate the military and politics, but the case is
weaker with regard to local politics, especially if local authorities have no control over or
involvement in military matters. The appearance of neutrality may be maintained by codes
of conduct that restrict public identification in political parties (for example, by prohibiting
the wearing of military uniforms at party meetings), rather than by proscribing political
participation altogether. Moreover, restrictions may be relaxed after a member of the armed
forces has left the service.
International Human Rights Standards
The OSCE has consistently affirmed the importance of civil and political rights and the
139
need to ensure that they can be fully exercised. In Paris in 1990, OSCE participating States
affirmed the right to freedom of association and peaceful assembly.140 In Copenhagen in the
same year, they stressed the importance of the right to establish political parties.141
The main rights at stake are the freedom of association (namely, to join a political party), the
right to vote and stand for office and the right to participate in public demonstrations, all of
which are guaranteed by human rights treaties.
Freedom of association and political neutrality
Box 5.1: Restrictions on the right to freedom of association acknowledged
in international standards
ICCPR, Article 21
139
78
The right of peaceful assembly shall be recognized. No restrictions may be placed
on the exercise of this right other than those imposed in conformity with the
law and which are necessary in a democratic society in the interests of national
security or public safety, public order (ordre public), the protection of public health
or morals or the protection of the rights and freedoms of others.
OSCE, Helsinki Final Act, op. cit., note 9; OSCE, “Concluding Document of the Second Follow-up Meeting”,
Madrid, 6 September 1983, https://www.osce.org/mc/40871; and “Concluding Document of the Third Follow-Up Meeting”, Vienna, 19 January 1989, https://www.osce.org/mc/40881
140
OSCE, “Charter of Paris for a New Europe”, 21 November 1990, https://www.osce.org/mc/39516.
141
OSCE, “Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE”,
29 June 1990, https://www.osce.org/odihr/elections/14304.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents