ple, proselytism is not permitted in the interests of neutrality.183 In Turkey, the religious
freedom of armed forces personnel is limited by the secular nature of the republic; personnel cannot manifest their beliefs while on official duty or in such a way as to impose them
on others.184
In their responses to the ODIHR-DCAF questionnaire, relatively few states cited legislation giving entitlements to recognition of freedom of religion in the armed forces over and
above the normal constitutional requirements. Two that did were Slovakia and the Russian
Federation.185 186
Box 11.6
Examples of Legal Recognition of Freedom of Religion in the Armed Forces186
Slovakia
Russian Federation
According to Art. 118.1.f of Act No. 346/2005 in the Collection of Laws of the Slovak Republic, a
professional soldier has the right to adequate spiritual care and to participate in religious activities, if
this does not contradict the needs of the armed forces and the performance of the state service.
In accordance with Art. 8 of the Federal Law of the Russian Federation on the Status of Armed
Forces Personnel, armed forces personnel have a right to participate in public worship and religious
ceremonies when free from their duties and have no right to refuse to perform their military service
duties for the reason of their relation to a religion. The state has no responsibility for satisfaction
of particular needs of a serviceman concerned with his religious beliefs; establishment of religious
associations in military units is not permitted; religious ceremonies may be held on the territory of the
military unit at the request of servicemen upon obtaining the permission of a commanding officer and
at their own expense.
A number of states responded to the questions concerning practice of religion and restrictions on freedom of worship187 by pointing out that the only restrictions applied were when
religious practice interfered with the performance of military duties. This was the case
in Azerbaijan, Belgium, the Czech Republic, Denmark, Estonia, Georgia, Lithuania, and
Switzerland.
Access for a member of the armed forces to representatives of his or her religion is a key
issue of religious freedom. Responses to the ODIHR-DCAF questionnaire showed that
there is a clear divide among states. Fourteen states made available only a representative
of Christianity, whereas six states also made available other religious representatives: Belgium (Christianity, Judaism, and other), Canada (Islam, Christianity, and other), France
(Islam, Christianity, Judaism), the Czech Republic (Christianity and Judaism), Spain (Islam, Christianity, Judaism), the Russian Federation (Islam, Christianity, Judaism, and
Buddhism), and the United States (Islam, Christianity, Buddhism, Judaism, and other).
In the Netherlands, there are also Humanist counsellors. Although the need for access to
representatives of minority religions obviously depends on the numbers of service personnel affected, it is nevertheless submitted that this is the better practice. The needs of some
religious groups within the armed forces without a formal representative may be partially
met by the establishment of religious associations among servicemen and -women (in Germany, for example, an association of Jewish soldiers was recently set up). In multinational
forces, flexible pooling of religious representation between contributor countries may help
address the question of representation for minority religions. Where religious representatives are permitted, their role is: to conduct religious services, to provide information
to armed forces personnel on religious matters, to provide counselling services, and to
provide religious support services. Where other procedures do not exist or are deficient,
183 ODIHR-DCAF questionnaire.
184 ODIHR-DCAF questionnaire.
185 Also see Order of the Minister of Defence of the Czech Republic No. 19/1998.
186 ODIHR-DCAF questionnaire, question 71.b.
187 ODIHR-DCAF questionnaire, question 71.
94
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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