Box 9.2 (cont.)
Poland
Ministry of Defence decisions from 1994 allow for meetings of officers at all levels and for the election of
commissioners to act as advocates for soldiers’ interests (Decisions No. 81 and 82 of 22 August 1994).
In 2000, the Constitutional Tribunal ruled that a ban on membership of trade unions in the military was
constitutional provided there were alternative means of exercising the right to freedom of association (decision of
7 March 2000).
Art. 10, Sec. 3.4 of the Act on Military Service of Professional Soldiers (11 September 2003) allows professional
soldiers to form representative bodies under regulations issued by the Ministry of Defence and establishes a
consultative council (the Council of Senior Officers of the Corps of Professional Soldiers).
Hungary
Following a 1989 amendment to the Constitution granting the right of freedom of association to servicemen, the
Association for Protection of the Interests of Military Personnel was established with 56 individual members and
seven local associations in 1991.
The Trade Union of Military Servicemen was created in 1995 as an organization with individual members. It now
has more than 10,000 members.
The law prohibits strikes but permits demonstrations and meetings by members of the armed forces. There is an
interest conciliation forum (Military Interest Conciliation Forum) that operates within the armed forces at the level
of the Ministry of Defence.
These developments were confirmed in legislation for the defence forces in 1996 and 2003.
Bulgaria103
The Rakowski Bulgarian Officers League is an independent professional organization of active servicemen, reserve
servicemen, and their families. Formed in 1991, it now has 10,000 members in the Ministry of Defence and the
Ministry of Interior.
Its main objectives are defence of the professional and social interests of its members and the professionalization
of the armed forces. The League has been especially active in lobbying for legislative reform leading to the
civilianization of the armed forces, and has actively supported Bulgaria’s membership of NATO and of the EU.
It has worked in partnership with the Ministry of Defence, and they signed a formal co-operation agreement in
2002.
The third approach is for there to be an authorized but autonomous military association. Some associations of this kind are long-standing, such as those in the Netherlands,
Belgium, and Sweden (the first was formed in the Netherlands in the late 19th century),
whereas others, such as the arrangements in Poland, Hungary, Bulgaria, and Romania,
have come about due to recent legal or constitutional changes. In countries following this
third approach, members of the armed forces are not legally restricted from joining military associations.
103
These military associations enjoy autonomy and accountability to their members, and are
therefore able to speak with authority on their behalf. They may be recognized by their
respective ministry of defence for negotiating purposes and some (for example, in Germany) have very high rates of participation by eligible members of the armed forces. In
practice, they may be insulated from mainstream trade unionism, e.g., by not participating
in federations of unions.
Notwithstanding freedom of association, members of the armed forces may be legally prohibited from engaging in certain forms of industrial action, especially strikes. It should
103 Presentation of the Rakowski Bulgarian Officers League, ODIHR-EUROMIL Roundtable on Military Unions, Bucharest, October 2006 (unpublished).
72
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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