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SEMINAR on HUMAN RIGHTS and the ARMED FORCES Organised OFFICE OF THE COMMISSIONER FOR HUMAN RIGHTS ______________________________ BUREAU DU COMMISSAIRE AUX DROITS DE L´HOMME Strasbourg, 28 November 2002 CommDH(2002)21 Original English SEMINAR ON HUMAN RIGHTS AND THE ARMED FORCES organised by The Commissioner for Human Rights and The Commission of the Council of Federation on International Affairs of the Federal Assembly of the Russian Federation Moscow, 5 – 6 December 2002 INFORMATION AND DISCUSSION PAPER 2 CommDH(2002)21 THE TRADITIONAL ROLE OF THE ARMED FORCES The traditional purpose of the armed forces is to serve the public interest by organising military power to defend the State and its institutions; and that includes, in democratic countries, the defence of civil freedoms. Given the army's ultimate purpose - combat - it has to organise itself and abide by rules and conduct geared to preparing its members for the eventuality of forceful intervention, perhaps at the cost of their lives. To fulfil their functions 1 effectively, the armed forces must demonstrate a constant readiness to serve and possess the necessary discipline. Furthermore, in order not to endanger the very structures of the State in a democratic society, the armed forces are under an obligation, given the forceful means at their disposal, to exercise their role in a strictly politically impartial and neutral manner. In short, unlike other state institutions, the role of the Armed Forces imposes on its members, in democratic society, total readiness to serve, an obligation of obedience and a duty of political neutrality2. THE PLACE OF THE ARMED FORCES IN DEMOCRATIC SOCIETY As an institution, the army remained for a long time outside the society it was supposed to protect, as a community operating in something of a vacuum, laying down its own rules and codes of conduct. After the end of the Second World War, the army opened up more to the world by participating more actively in community life. In those States with compulsory military service, it has looked after and trained young people, preparing them for life in society. In countries with large numbers of immigrants, it has promoted, in the same way as schools, the integration of immigrants having acquired the nationality of the host country, playing a role of "social melting pot" or even identity-building. The medical examinations or academic tests carried out on the entire male population of military service age upon military call-up have also given governments precise indicators for the statistical evaluation of illiteracy or educational backwardness, and the state of inoculation and health of a substantial part of their youth. Finally, the army plays a key role in civil protection in the event of natural disasters (flooding, earthquakes etc) both within the country's borders and beyond, as well as protecting people and property on the national territory, during search and rescue operations at sea for example. It is not rare either to see soldiers, rather than policemen, patrolling streets, stations or airports, particularly where the fight against terrorism or large-scale events are concerned. The armed forces may also be required 1 The army generally fulfils 4 strategic functions: dissuasion, prevention, protection and projection, force projection being the term used for the deployment, temporary or permanent, of part of its forces outside the national territory. 2 This latter obligation is relatively recent and history shows many catastrophic instances caused by the violation of this rule. Indeed, it is not always easy for the army to determine whether its role is one of a military wing that must blindly follow a government's orders, even where contested, or, on the contrary, whether it might have the task, in an institutional crisis, of replacing a faltering government, albeit temporarily, because it is a guardian of democracy. 3 CommDH(2002)21 to provide public services when other categories of civil servants are on strike, for example during a general strike of transport workers or street-cleaners. Moreover, in some countries3, officials with military status carry out policing tasks, such as border surveillance and controls or criminal investigations. SWEEPING CHANGES IN THE SITUATION OF THE ARMED FORCES IN EUROPE In a democratic society, the army fulfils functions that are necessary not only to defence and social cohesion but also to human rights protection: security is a fundamental right since it is a requisite for enjoying freedoms and narrowing gaps resulting from inequality. There is internal security and external security. In the first instance, recent history has been marked by the use of the army or security services to combat terrorism or uprisings within national frontiers (combating the IRA in Northern Ireland, separatists in Chechnya and the PKK in Turkey to cite just the most recent cases). There have also been cases of violent splits4 within several States and claims of independence5 drawing a substantial portion of Europe into civil war (the break-up of Tito's Yugoslavia into several new States6, breakaway of Abkhazia in Georgia, conflict between Azerbaijan and Armenia over Nagorno-Karabakh7, breakaway of Transnistria in Moldova). These conflicts have prompted a number of European States to intervene beyond their frontiers to curtail flagrant violations of human rights and humanitarian law. Finally, recent history has been marked by the disappearance of the USSR. The 1976 constitution of the Soviet Union provided that each of the 15 Republics making up the Union could leave it. Following the decision to do so taken in December 1991 by the Russian Federation, Ukraine and Belarus, when the Commonwealth of Independent 3 This is the case, for example, with the marechaussee in the Netherlands, the gendarmerie in France and the carabinieri in Italy. 4 The sole exception being the amicable separation between the Czech Republic and Slovakia in 1992. 5 It is interesting to note in this connection that western Europe has made tremendous efforts since 1950, within the European Union, to achieve effective integration and both economic and political union between the different Member States, whereas eastern Europe has been characterised by nationalist, identity-based and separatist claims leading to armed conflict, doubtlessly an essential phase so that the desire to live together without being forced to do so may be later restored. 6 Slovenia, Croatia, "the Former Yugoslav Republic of Macedonia", Bosnia and Herzegovina and, for a three-year trial period, the Federation of Serbia and Montenegro, with Kosovo still under international administration. 7 This conflict is to be considered initially as a domestic conflict, since it began in 1988, when the two countries involved were still part of the USSR. 4 CommDH(2002)21 States (CIS) was founded, each of the States regained its independence and there are now 15 new sovereign States8. Obviously, the reorganisation of what was once a single army into different national armies poses enormous problems. THE NEW TASKS OF THE ARMED FORCES In many European countries, the nature of tasks conferred upon the armed forces has changed radically since the beginning of the 1990s and the end of the Cold War, with priority now going to crisis management operations9 (keeping and imposing peace, humanitarian intervention, assistance in major disasters) carried out by NATO on its own initiative10 or at the request of the UN Security Council11, or by a group of States acting alone, as recently in Afghanistan at the request of the USA. Similarly, the end of the cold war led to far-reaching overhauls of both strategic and economic priorities, substantially modifying the defence policy of States. Many made swingeing cuts in their military expenditure12, in some cases of up to 25%. Some of them decided to switch from an army of conscripts to a professional army, which has entailed complete reorganisation. Belgium abolished military service in 1992, the Netherlands in 1996, Spain and France in 2001, while Portugal will follow suit in 2003, as will Italy in 200613. The Czech Republic intends to switch to a professional army by 2006 and Russia by 2010. The United Kingdom, Ireland and Luxembourg have always had a professional army, while all other Council of Europe member States, except those mentioned above, still have armies made up of conscripts or volunteers. 8 The Russian Federation, Ukraine, Belarus, the three Baltic States, Moldova, Armenia, Georgia, Azerbaijan, Kazakhstan, Uzbekistan, Kirghizstan, Turkmenistan and Tajikistan. 9 The most recent crisis was in 2001 in "the Former Yugoslav Republic of Macedonia": President Trajkovski requested assistance from NATO on 20 June 2001 to disarm Albanian fighters (contingent of 3,500 troops dispatched for operation "essential harvest", which was to last one month, and a contingent of 700 troops, under German command, for operation "amber fox", with the task of protecting, for an initial period of three months, the international representatives sent to observe implementation of the peace plan). 10 This was the case with the NATO military intervention in Kosovo in March 1999, beginning an aerial bombing campaign that lasted 78 days and halted Serbian repression of the Albanian minority in Kosovo. It was decided upon without the authorisation of the United Nations Security Council on grounds of duty of humanitarian intervention and was strongly criticised in certain quarters as a result. 11 18 peace-keeping mis sions were carried out between 1945 and 1991, and 34 between 1991 and 1999. According to the Brahimi report adopted by the Security Council on 7 September 2000, the UN lacks the necessary resources: today some 40,000 blue helmets and 8,000 policemen are deployed around the world and there are only 41 people, 32 of them officers, managing them from New York. 12 In France, for example, the defence budget accounted for just 1.9% of GDP in 2001 (down from 2.6% in 2000), having fallen 16% in ten years.
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