There are, however, several difficulties in treating these provisions as an outright prohibition of any of these forms of discrimination in the armed forces. First, there is no right to become a member of the armed forces as such. In the cases of discriminatory provisions contained in legislation, this presents no obstacle, at least so far as the ICCPR is concerned. However, the position under Art. 14 ECHR is more problematic and is discussed below. Second, it is not clear that these treaty obligations, by themselves, require states to take active measures to eliminate discrimination, such as enacting anti-discrimination laws or preventing acts of racism or racial or ethnic harassment by others (for example, by fellow service personnel). For this reason, the more specific International Convention on the Elimination of All Forms of Racial Discrimination, which requires such steps, is relevant (see Box 12.3). The Convention applies to “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life” (Art. 1.1).194 Box 12.3 International Convention on the Elimination of All Forms of Racial Discrimination194 Prohibits discrimination by reason of race, colour or ethnic origin in the enjoyment of political and citizenship rights in his country and states that everyone is entitled to equal access to public service in his country (Art. 2). Everyone has the right to an effective remedy and protection against any discrimination with respect to his fundamental rights and freedoms through independent national tribunals (Art. 6). The Committee on the Elimination of Racial Discrimination (comprising 18 experts “of high moral standing and acknowledged impartiality”, elected by states parties) monitors state compliance (Art. 8). States parties report every two years to the UN Secretary-General or when the Committee so requests on the various measures adopted in order to meet the objectives of the Convention (Art. 9.1.a and b). The Committee reports annually to the General Assembly of the United Nations (Art. 9.2). A state party may report another state party to the Committee if it believes that that state party is not giving effect to the provisions of the Convention (Art. 11). The Committee then investigates through a commission and considers recommendations for an “amicable solution of the dispute” (Art. 13.1). Individuals are also able to petition the Committee if they believe they are victims of a violation of the Convention by a state party (Art. 14) where the state has recognized the right of individual communication. In these cases, the state establishes a body competent to deal with petitions from individuals and dealing directly with the Committee. The Committee is responsible for considering all evidence adduced by individuals and for making recommendations. European Union states are obliged under Directive 2000/43195 to legislate to provide remedies for racial and ethnic discrimination in private and public employment, including 194  Source: International Convention on the Elimination of All Forms of Racial Discrimination, <http:// www2.ohchr.org/english/law/cerd.htm>. 195  Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, Official Journal of the European Communities, L 180, 19 July 2000, pp. 0022-0026. 103 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel