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

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