that armed forces personnel are now given and the setting in which the military is deployed
are often non-traditional. Members of the armed forces are now more likely to be part of a
multinational force or engaged in peacekeeping operations than in conventional conflict.
These types of missions lead naturally to comparisons between the conditions of service of
different national forces working alongside each other. Soldiers from a state where rights
of association are restricted may quite reasonably question the operational necessity of this
when they work alongside service personnel from a state that takes a more relaxed view.
Unfavourable comparisons of conditions of service may produce discontent and a loss of
morale (and, in turn, of operational efficiency).
The second cause for re-evaluation is the increasing professionalization of armed forces,
which means that the military needs to compete effectively in the labour market in order to
attract high-quality personnel. Any conditions of service that make the armed forces less
attractive as a career will be scrutinized by potential entrants. It is advisable therefore for
the armed services themselves to reappraise whether restrictions on freedom of association
remain strictly necessary.
International human rights commitments
The freedom to associate with others is a fundamental right that is clearly recognized in the
Universal Declaration of Human Rights and the major human rights treaties, including the
International Covenants on Civil and Political Rights, and on Economic, Social and Cultural Rights, as well as the European Convention for the Protection of Human Rights and
Fundamental Freedoms and the European Social Charter (see Box 9.1 for relevant texts),
and this extends to the freedom to join trade unions.85
Box 9.1
Freedom of Association in Human Rights Law85
Art. 20 UDHR
(1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be
compelled to belong to an association.
Art. 21 ICCPR
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.
Art. 11 ECHR
Everyone has the right to freedom of peaceful assembly and to freedom of association with others,
including the right to form and to join trade unions for the protection of his interests.
Art. 8 ICESCR
1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to
the rules of the organization concerned, for the promotion and protection of his economic and social
interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and
which are necessary in a democratic society in the interests of national security or public order or for the
protection of the rights and freedoms of others;
(b) The right of trade unions to establish national federations or confederations and the right of the latter
to form or join international trade-union organizations;
(c) The right of trade unions to function freely subject to no limitations other than those prescribed by law
and which are necessary in a democratic society in the interests of national security or public order or for
the protection of the rights and freedoms of others;
(d) The right to strike, provided that it is exercised in conformity with the laws of the particular country.
2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by
members of the armed forces or of the police or of the administration of the State.
3. Nothing in this article shall authorize States Parties to the International Labour Organisation
Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take
legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the
guarantees provided for in that Convention.
85 All emphasis in the texts reproduced in Box. 9.1 has been added by the authors.
67
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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