Chapter 11 Religion in the Armed Forces This chapter examines the practical issues surrounding the recognition of freedom of religion or belief in the armed forces in OSCE participating States. The potential challenges of accommodating religious freedom in general, and religious practices in particular, within the armed forces are discussed. The main human rights obligations recognizing religious freedom and prohibiting discrimination on grounds of religion are explained. Aspects of religious practice may require accommodation by the armed services as an employer, such as allowing times or places for prayer, providing access to spiritual counsellors or chaplains of various religions, providing burial rites in different religious traditions, allowing time off for holy days, and varying uniform or catering regimes, or facilitating fasting. Accommodation of religious practices is in some cases required by law. Armed forces that wish to reflect the diverse composition of the societies that they protect will wish to remove as far as possible barriers to participation by members of different religions. It makes sense therefore to accommodate religious practice by members of the armed forces where this can be achieved without compromising military effectiveness. More importantly, religious accommodation means that employers can attract and retain the best possible employees regardless of religion or belief. This chapter examines some of the ways in which states provide for freedom to practise different religions in the armed forces and identifies best practices. 1. Issues at Stake Human rights law recognizes that freedom of religion comprises both internal and external dimensions. Internal religious freedom concerns the freedom to believe, what the European Commission of Human Rights has called the inner forum (forum internum).146 This rarely raises practical issues concerning the enjoyment of the right since it is concerned with a person’s inner beliefs. The external dimension, however, is problematic: it concerns the right to act or abstain from behaviour based on religious beliefs or conscience. The issue of conscientious objection to military service (whether for religious or other reasons) is discussed in Chapter 10. This chapter is concerned with other aspects of behaviour motivated by religion.147 Box 11.1 Freedom of Religion: The Approach of the Supreme Court of Canada147 The essence of the concept of freedom of religion is the right to entertain such religious beliefs as a person chooses, the right to declare religious beliefs openly and without fear of hindrance or reprisal, and the right to manifest belief by worship and practice or by teaching and dissemination. But the concept means more than that. Freedom can primarily be characterized by the absence of coercion or constraint. If a person is compelled by the State or the will of another to a course of action or inaction which he would not otherwise have chosen, he is not acting of his own volition and he cannot be said to be truly free. 146  C v. United Kingdom, European Commission of Human Rights, 15 December 1983, Decisions and Reports, Vol. 37, 1983, pp. 142, 147. 147  R v. Big M Drug Mart Ltd., Supreme Court of Canada, 24 April 1985, Dominion Law Reports, 4th Series, Vol. 18, 1985, pp. 321, 353-354, as delivered by Justice Dickson. 87 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel