be mentioned, however, that even where a military association itself is prohibited from or
voluntarily forswears industrial action, this may not prohibit secondary industrial action
by another union in support of its cause.
Finally, and more rarely, in a few countries (for example, the Netherlands), a trade union for
members of the armed forces may exist that is associated with other trade unions through
a federation. Although there could clearly be risks of external influence and of industrial
militancy in such arrangements, it is worth noting that the experience in the Netherlands
has been one of self-restraint: strike action, for example, has never been taken.
2. Best Practices and Recommendations
The Parliamentary Assembly of the Council of Europe considered in Recommendation
1572 (2002) that the Committee of Ministers should call on the governments of the member
states to allow members of the armed forces and military personnel to organize themselves
in representative associations (with the right to negotiate on matters concerning salaries
and conditions of employment), to lift the restrictions on their right to association, to allow
them to be members of legal political parties, and to incorporate all the appropriate rights
in military regulations.
According to Assembly Recommendation 1572 (2002), with respect to the professional staff
of the armed forces, freedom of association covers the following rights: the right of association, including the right to negotiate salaries and conditions of employment, and the right
to belong to legal political parties. Arguably, members of the armed forces should fully enjoy the right, where the army is not involved in action, to set up specific associations geared
to protecting their professional interests in the framework of democratic institutions, to
join them, and to play an active part in them, while discharging their normal duties.104 The
Assembly reiterated this view in Recommendation 1742 (2006), which additionally called
on member states to permit members of the armed forces to join professional representative associations or trade unions entitled to negotiate, and to set up consultative bodies
involving these associations representing all categories of personnel.
Recommendations
• States should permit all members of the armed forces to join either a professional association or a trade union representing their interests;
• These associations or unions should enjoy the right to be consulted in discussions concerning conditions of service for members of the armed forces;
• Disciplinary action or victimization of individual members of the armed forces for participation in the activities of such professional associations or trade unions should be
prohibited;
• Any restrictions on freedom of association (for example, with regard to industrial action) should be: prescribed by law, proportionate to legitimate state interests recognized
in human rights treaties, and also be non-discriminatory.
104 Of the 46 states parties to the European Convention for the Protection of Human Rights and Fundamental
Freedoms, only Spain has officially lodged a reservation to Art. 11.
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Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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