Since the armed forces are certainly public authorities, Protocol 12 would prevent discrimination by them on the prohibited grounds in the countries where it applies. Protocol 12
has been signed by 35 Council of Europe states, and it entered into force — for the 14 that
have ratified it 201 — on 1 April 2005.
The OSCE has developed broad commitments in the area of discrimination against ethnic
minorities. As early as the Helsinki Conference of 1975, the OSCE stated that participating
States should recognize the contribution that national minorities and regional cultures can
play in those states.202 Later, at the Vienna Conference of 1989, participating States agreed
to “protect and create conditions for the promotion of the ethnic, cultural, linguistic and
religious identity of national minorities on their territory”.203 Added to this at the Copenhagen Conference of 1990 was the right of those belonging to such a minority or culture
to use their own language and to establish their own educational, cultural, and religious
institutions.204 Subsequent conferences have re-affirmed these principles relating to cultural identity. The OSCE has also turned its attention in numerous resolutions to the issue
of migrant workers.205
3. Approaches
In this section, the approaches of various countries to dealing with racial discrimination,
either through legal or complaints processes and employment policies, are described with
a view to identifying best practices. Similar discussion follows on the position of non-nationals in the armed forces and linguistic minorities.
Dealing with Complaints of Racial Discrimination or Harassment
In order to comply with the human rights obligations described in the previous section, it is
essential that effective means be provided for dealing with complaints of racial discrimination. Remedies for discrimination may take several forms. One avenue is to allow for civil
claims of discrimination to be brought to civilian employment tribunals (permissible in
the UK after prior discussion internally, see Box 12.4) or to provide a right to direct access
to human rights commissions (as in Canada).
201 As of 31 January 2007, Protocol No. 12 had been ratified by: Albania, Armenia, Bosnia and Herzegovina,
Croatia, Cyprus, Finland, Georgia, Luxembourg, the Netherlands, Romania, San Marino, Serbia and Montenegro, the former Yugoslav Republic of Macedonia, and Ukraine. See <http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=177&CM=7&DF=1/31/2007&CL=ENG>.
202 Helsinki 1975 (Co-operation in Humanitarian and Other Fields).
203 Vienna 1989, para. 19.
204 Copenhagen 1990, paras. 32-34.
205 Specifically, at the Vienna Conference of 1989, the OSCE invited “host countries and countries of origin to
make efforts to improve further the economic, social, cultural and other conditions of life for migrant workers
and their families legally residing in the host countries”, such as education and training. Of particular interest
here, the OSCE stated that the “participating States recognize that issues of migrant workers have their human
dimension”.
105
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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