As one example of how guidance on political activity may seek to do this, we refer in Box
8.4 below to guidance from the US Department of Defense. 79
Box 8.4
Political Involvement: Detailed Guidance from the United States79
It is DoD policy to encourage members of the Armed Forces (hereafter referred to as “members”) to carry out
the obligations of citizenship. While on active duty, however, members are prohibited from engaging in certain
political activities.
4.1. General
4.1.1. A member on active duty may:
4.1.1.1. Register, vote, and express his or her personal opinion on political candidates and issues, but not as a
representative of the Armed Forces.
4.1.1.2. Make monetary contributions to a political organization.
4.1.1.3. Attend partisan and non-partisan political meetings, rallies, or conventions as a spectator when not in
uniform.
4.1.2. A member on active duty shall not:
4.1.2.1. Use his or her official authority or influence for interfering with an election; affecting the course or
outcome of an election; soliciting votes for a particular candidate or issue; or requiring or soliciting political
contributions from others.
4.1.2.2. Be a candidate for, hold, or exercise the functions of civil office except as authorized in paragraphs 4.2.
and 4.3., below.
4.1.2.3. Participate in partisan political management, campaigns, or conventions (unless attending a convention
as a spectator when not in uniform).
4.1.2.4. Make campaign contributions to another member of the Armed Forces or an employee of the Federal
Government.
Freedom of expression
Nearly all OSCE participating States recognize the right to freedom of expression for members of the armed forces. However, the more pertinent issue is the form and extent of restrictions imposed. Some examples are given below.
Under Art. 7 of the Russian Federal Law on the Status of Armed Forces Personnel, while
servicemen exercise their right to freedom of speech, they may not disclose state or military
secrets or criticize the orders of a commander. In Lithuania, the right to freedom of expression excludes public political statements that criticize individuals democratically elected to
state institutions (parliament, president, or government) or that contain political requests
for state institutions. All freedoms are limited as far as is necessary for the completion of
military duties and the maintenance of military order, and in so far as this is compatible
with the service. Both the Russian and Lithuanian examples concern the subject matter of
speech. In Switzerland, however, restrictions operate according to the manner of expression: members of the armed forces are prohibited from making political statements while
in uniform.
As with limitations on political activity, it is important that even restrictions on free speech
that are related to legitimate military interests such as national security, military discipline,
79 Department of Defense Directive No. 1344.10, “Political Activities by Members of the Armed Forces on
Active Duty”.
63
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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