Human Rights of Armed Forces Personnel be taken up as a matter of military discipline. There are important differences between the complaint for redress (which may take on a disciplinary focus, according to a criminal standard of proof) and the tribunal (which requires a lower, civilian standard of proof). Furthermore, tribunal proceedings are brought against the Armed Forces as the employer responsible for the discriminatory actions of its employees, whereas internal procedures may lead to disciplinary proceedings against other service personnel. The disadvantages of this approach are that it may involve a substantial delay while internal procedures are completed, and the requirement to complain via the chain of command may discourage service personnel from coming forward with complaints. Sometimes, allegations of racial mistreatment focus on harassment or bullying by other members of armed forces. Armed forces are responsible for maintaining a non-discriminatory, inclusive, tolerant and safe working environment. By not taking action to prevent or address instances of racial harassment within their ranks, armed forces can be found in breach of their obligations to ensure that all members of armed forces can serve in an environment free from harassment and abuse. In addition to anti-discrimination law, there may be added measures to protect against or punish harassment. In the United Kingdom, for example, a military court or superior officer must treat racially or religiously aggravated offences as an aggravating factor. This will be reflected in a more serious punishment.384 Box 10.6: Defining harassment385 Harassment is conduct that has the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In addition, institutions that address complaints of unfair treatment and abuse (such as military ombuds institutions or inspector generals) may have jurisdiction over issues related to ethnicity and/or “race”. One noteworthy model is the German parliamentary commissioner for the armed forces (see “Chapter 19: Ombuds Institutions for the Armed Forces”), who has the power to receive and investigate complaints concerning the actions of other soldiers. 384 Ibid., the United Kingdom Armed Forces Act 2006, Section 240. 385 168 Council of Europe, ECRI, “Recommendation N° 7 on National legislation to Combat Racism and Racial Discrimination”, 13 December 2002, CRI(2003)8, para. 35.