Compendium of Standards, Good Practices and Recommendations
For linguistic minorities, there is the question of the use of their mother tongue within
the armed forces – whether official communication in the armed forces is conducted in all
the official languages of the country or only in the majority or state/official language, and
whether minorities are allowed to communicate in their own language while on duty.
In addition, re-establishing inter-ethnic co-operation in the armed forces of countries
that have endured ethnic conflict is particularly important. Even where it is necessary to
maintain separate structures, measures need to be taken to ensure timely dialogue among
the military leaders of different groups and the rapid re-establishment of a national
command structure. The military can undertake measures to support reconciliation, such
as programmes to promote recruitment among under-represented ethnic groups and
considering minority issues when making decisions about downsizing, demobilization,
disarmament and reintegration into civilian life.
Box 10.4: The example of Bosnia and Herzegovina
Bosnia and Herzegovina represents a unique example of how one country’s defence
structures are coping with the legacy of the past. Although the conflict ended in 1995,
it was only in 2006 that Bosnia and Herzegovina established an exclusively statelevel defence establishment. This included the creation of a NATO-compatible single
military force (the Armed Forces of Bosnia and Herzegovina), thereby replacing the
two predominantly mono-ethnic brigades that effectively comprised the former
warring factions. The political and legislative solutions for this reform were forged
with significant assistance from the multinational NATO headquarters still based in the
country.
The defence legislation (principally, the Law on Defence and the Law on Service in the
Armed Forces of Bosnia and Herzegovina) strikes a balance between protecting the
group rights of Bosnia and Herzegovina’s three largest ethnic groups and promoting
the individual human rights of military personnel. For example, the legislation ensures
that the senior positions in both the Armed Forces and the Defence Ministry are divided
fairly among the three constituent peoples. While this has the significant drawback
of excluding other ethnic groups, it can be seen as serving as a useful confidencebuilding mechanism among the constituent peoples. The president has the power to
determine the appropriate ethnic representation in the Armed Forces based on census
statistics and operational considerations. In terms of individual rights, the defence
legislation specifies that military personnel have the same service rights regardless of
their ethnicity or entity of residence. These rights are set out in some detail in the Law
on Service and cover areas such as language rights, equal opportunities, complaints
procedures and due process in the context of military discipline proceedings.
One notable feature of the system is the creation of three infantry regiments, each
responsible for maintaining the military heritage and identity of the former units/armies
from which they are descended: the Army of the Republic of Bosnia and Herzegovina
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