The replies of OSCE participating States to the ODIHR-DCAF questionnaire on human
rights of armed forces personnel indicate that only three states (of those that replied) ask
about the sexual orientation of those who apply for jobs in the armed forces: Poland, Serbia,
and Ukraine, with Poland and Ukraine allowing gays and lesbians to serve.298
Though the “don’t ask, don’t tell” policy is official policy in the United States, it cannot be
excluded that some other countries follow that policy in practice while officially allowing
gays and lesbians to serve openly in the armed forces. For example, Russia lifted its ban in
2003 and allowed gays and lesbians to serve openly in its armed forces. However, Russian
military health authorities have publicly stated that they: “would not advise such persons
to publicize their sexual orientation. In the army they are not liked and will probably be
beaten.”299
4. Policies and Mechanisms for Promoting Equality
In those states where the ban on gays and lesbians in the military has been lifted, thus
ending official institutional discrimination, the issue is how to translate de jure non-discrimination into de facto equal opportunities regardless of the sexual orientation of service
personnel, including combating harassment of gays and lesbians.
Several OSCE participating States have taken action to protect the rights of homosexuals in the armed forces and to render the armed forces a more attractive employer to all.
These actions range from putting an adequate policy framework in place and establishing standards for social conduct, to training and awareness-raising, as well as establishing
complaints procedures.
Policy framework
Following extensive research into the nature and the extent of sexual harassment in the
armed forces, some states have taken special action in order to deal more effectively with
harassment. For example, in the United Kingdom in 2006, the minister of defence and the
Equal Opportunities Commission agreed on a three-phase action plan to prevent and deal
with sexual harassment in the armed forces.300 Special policies aimed at integrating gays
and lesbians in the armed forces have also been introduced in the Netherlands (see Box
14.5).
Standards for social conduct
Some OSCE countries have adopted a code of conduct regulating the behaviour of all
armed forces personnel, regardless of their sexual orientation. These codes of conduct are
regarded as necessary for safeguarding operational effectiveness and as an effective means
to reduce discrimination and abuse in the military.
298 ODIHR-DCAF questionnaire, question 80.
299 “Army Welcomes Gays”, The Moscow Times, 8 November 2003, p. 4.
300 Rutherford et al., op. cit., note 261; “MOD and EOC agree action to tackle sexual harassment in the Armed
Forces”, US Federal News Service, 25 May 2006.
137
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents