Preface Armed forces are an integral part of a democratic state and society. By fulfilling their defence and national-security functions, the armed forces play a key role in enabling a security environment that allows us to enjoy the inalienable rights and freedoms to which we are all entitled as human beings. As representatives of the state structure, armed forces personnel are bound to respect human rights and international humanitarian law in the exercise of their duties. But only when their rights are guaranteed within their own institution will armed forces personnel be likely to uphold these in the discharge of their tasks — both when in the barracks and during operations. Many states have had to adapt their military structures in order to respond to a rapidly changing security environment. An increasing number of OSCE participating States have transformed their military from conscription-based to a fully volunteer professional force. The role and tasks of the military are also changing, with many participating States involved in international peace-keeping and humanitarian missions. In addition, there is an increasing realization of the necessity for participating States to ensure democratic control over their military forces and to review their military structures with the aim of making them consistent with international human rights obligations. These changes reflect a recognition that, as “citizens in uniform”, armed forces personnel — whether they are career servicemen or -women or conscripts — are entitled to the same human rights and fundamental freedoms as all other citizens. Indeed, the cornerstone of all international human rights treaties to which OSCE participating States are bound is that all human beings, regardless of their professional situation or position in society, are entitled to their inalienable rights and freedoms. The ODIHR-DCAF project to develop this Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel was inspired by the OSCE Code of Conduct on Politico-Military Aspects of Security. This document, adopted by the participating States in 1994, requires states to “reflect in their laws or other documents the rights and duties of armed forces personnel” and to “ensure that the military, paramilitary and security forces personnel will be able to enjoy and exercise their human rights and fundamental freedoms”. It also requires participating States to “provide appropriate legal and administrative procedures to protect the rights of all its forces personnel”. As the world’s largest regional security organization, the OSCE is uniquely positioned to address the issue of human rights of members of the armed forces. In our comprehensive approach to security, the protection and promotion of human rights and fundamental freedoms is an integral precondition for regional stability and security. DCAF has proven experience in research, analysis, advice, and operational support in the field of promoting democratic governance of the security sector. DCAF is active in providing advice, training, and support to governments and parliaments all over the world, as well as to the United Nations, the OSCE, the European Union, the Council of Europe, NATO, and the Economic Community of West African States. This handbook presents an overview of legislation, policies, and mechanisms for ensuring the protection and enforcement of the human rights and fundamental freedoms of armed forces personnel. While recognizing that no single model can apply equally to every individual country, the handbook presents examples from across the OSCE region of 11 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel