Chapter 14
Gays and Lesbians in the Armed Forces
Along with the gradual development of more tolerant attitudes towards homosexuality in
society in general, the degree of acceptance of lesbians and gays in the military has stirred
public debate in many OSCE participating States recently. The decriminalization of homosexuality269 has led to the recognition in many states of equal rights through the extension
of broader social rights (e.g., civil unions, social benefits) to gays and lesbians, as well as
to the introduction of specific bans in national legislation on discrimination against gays
and lesbians.
The issue of gays and lesbians in the armed forces reflects the issue of gaining equal rights
and the struggle against discrimination in society in general. Gays and lesbians have always served in the armed forces, even though they have been obliged to hide their sexual
orientation and have frequently been exposed to discriminatory policies and actions. As a
result of this wider societal trend, various OSCE participating states have adopted a policy
to stop discrimination and to promote equal opportunities within the armed forces. This
can be illustrated by an example from Belgium (see Box 14.1), where a new law on nondiscrimination forms the basis for a policy on diversity, non-discrimination, and equal
opportunities in the Belgian armed forces.
270
Box 14.1
Managing Diversity, Non-discrimination and Equal Opportunities in the Belgian
Armed Forces: ‘Good-bye Discrimination, Hello Diversity’270
Based on the Anti-Discrimination Law of 25 February 2003, the Belgian armed forces have an official policy on
diversity, non-discrimination, and equal opportunities. The armed forces recognize the diversity of their personnel.
In accordance with this policy, every expression of discrimination is unlawful and will not be tolerated. The policy
and personnel of Belgium’s armed forces are guided by these principles in both internal and external relations.
The diversity policy is based on a general directive (DGHR-APG-DIVMGT-001) of 17 October 2005. The policy
deals with ethnic, linguistic, religious, sexual-orientation, and gender diversity. A strategic diversity plan offers
a framework for the implementation of this policy. The plan foresees the adoption of specific measures in four
domains: recruitment; training and education; leadership and organizational structures, and communication.
The policy has been disseminated via briefings, news outlets, and information papers. An information strategy has
been devised to reach out to all personnel, including through the use of a DVD called “Good-bye Discrimination,
Hello Diversity”.
The participation of openly gay and lesbian personnel in the military is a relatively recent
phenomenon in the OSCE region, however, as many states began lifting the ban on homosexuals in the military only in the 1970s, starting with the Netherlands in 1974. Box 14.3
provides an overview of OSCE participating States that allow gays and lesbians to serve in
269 Homosexual acts were decriminalized, for example, in the Russian Federation in 1993, in Albania in 1995,
in Poland in 1932, and in the United Kingdom in 1967. According to the World Legal Survey 2006 of the International Lesbian and Gay Association (available at <www.ilga.org>), consensual same-sex acts are still penalized
in Uzbekistan.
270 ODIHR-DCAF questionnaire, questions 68-69; see the website of the Belgian armed forces:
<www.mil.be>.
129
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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