GENEVA CENTRE FOR THE DEMOCRATIC CONTROL OF
ARMED FORCES (DCAF)
TRAINING COURSE PAPER
PROTECTION OF THE CIVIL RIGHTS AND FREEDOMS
OF MILITARY PERSONNEL
Philipp Fluri
Deputy Director, DCAF
Switzerland
Paper presented at the Training Course on “2005 Partnership Action Plan on
Defence Institutions Building (PAP-DIB) Regional Event in the Caucasus.", held in
Tbilisi, 26-29 April 2005, organized by the Geneva Centre for the Democratic Control
of Armed Forces.
DCAF Training Course Papers
DCAF Training Course Papers constitute studies designed to promote reflection and
discussion on civil-military relations and issues of democratic control over defence and
security sector. The publication of these documents is unedited and unreviewed.
The views and opinions expressed are those of the author(s) and do not necessarily
reflect those of the Geneva Centre for the Democratic Control of Armed Forces.
DCAF Training Course Papers are not for quotation without permission from the
author(s) and the Geneva Centre for the Democratic Control of Armed Forces.
PROTECTION OF THE CIVIL RIGHTS AND FREEDOMS OF
MILITARY PERSONNEL
Philipp Fluri
The soldier is a citizen in uniform. Every soldier benefits from the same freedoms and rights
as a citizen. Any deviations have to be confined by the national law or international
conventions.
Democratic oversight provides for the best guarding of human rights. Prerequisites here fore
are a functioning parliament, executive oversight, competent media, a civil society that
advocates accountability for military commanders and a civilian in the position of the Minister
of Defense.
Unfortunately, many countries do not maintain such a system and no intent is made towards
establishing one.
An attempt should be made to clear assignments of tasks and overseeing bodies to ensure
that officials stick to their competencies. There is a great need for democratically overseen
institutions and defense organizations.
How are mature/developed democracies different from emergent, transitional democracies?
In mature democracies already the executive structures provide mechanisms for the
protection of rights. For example, the soldiers of the Swiss Armed Forces receive a manual
which contains information on all the soldiers rights (how to file a complaint, how to handle an
appeal etc.). There also is a military/human rights ombudsman available. He/She is
accountable to the parliament (legislative) and not the executive. What are his/her tasks? The
ombudsman has the possibility to start an investigation (comprehensive investigation) and
also writes an annual report.
In a mature democracy the soldier is to be seen as a citizen in uniform. His/her rights can be
restricted in accordance to the principles of legality, proportionality and functionality. No
restrictions on human rights can be made in accordance to secrecy and confidentiality.
Transitional countries are more vulnerable to neglecting newly established democratic
principles.
Established in 2000 on the initiative of the Swiss government, the Geneva
Centre for the Democratic Control of Armed Forces (DCAF), encourages and
supports States and non-State governed institutions in their efforts to strengthen
democratic and civilian control of armed and security forces, and promotes
international cooperation within this field, initially targeting the Euro-Atlantic
regions.
The Centre collects information, undertakes research and engages in
networking activities in order to identify problems, to establish lessons learned
and to propose the best practices in the field of democratic control of armed
forces and civil-military relations. The Centre provides its expertise and support
to all interested parties, in particular governments, parliaments, military
authorities, international organisations, non-governmental organisations,
academic circles.
Geneva Centre for the Democratic Control of Armed Forces (DCAF):
rue de Chantepoulet 11, P.O.Box 1360, CH-1211 Geneva 1, Switzerland
Tel: ++41 22 741 77 00; Fax: ++41 22 741 77 05
E-mail: info@dcaf.ch
Website: http://www.dcaf.ch