CHAPTER XX: MILITARY PERSONNEL
The cornerstone of National Defense is formed by its human resources.
Taking due consideration of constitutional provisions and on a comprehensive basis, human resources are related in the first place to active military personnel. But the human component of Defense is not limited only to soldiers in active service. All citizens that acquired the status of reserve personnel, the civilian officers and employees of the Ministry of Defense and other organizations within this jurisdiction, and the technical, teaching, administrative and scientific personnel of the Armed Forces are also part of our human resources.
An emblematic group of veterans is formed by all the persons that participated as recruits in the South Atlantic War from April 2 to June 14, 1982.(1)
This chapter will deal with general aspects related to military personnel, while civilian personnel will be the subject matter of Chapter 22.
1. The characteristics of the military profession
In Argentina, the military career has a legal basis, presently provided by Act No. 19101 and by the regulations specific to each Service as a function of the different requirements derived from their respective spheres of action.
The military personnel organization provided for by the law comprises the permanent rank, which includes the personnel on effective active duty, and reserves, subjected to the different conditions established in the law: incorporated reserves and reserves out of duty.
The first significant characteristic of this profession is the military condition of its members, which constitutes a legal status based on the duties and rights established by the laws and regulations.
The following are some of the main essential obligations characterizing the military condition of personnel in active service, which differentiates them from civilian professions:
- The subjection to military justice and discipline, an obligation also applicable to retired personnel.
- The performance of any tasks, functions and missions ordered.
- The prohibition of performing functions or working in areas other than in the military activity without previous authorization.
- The prohibition to perform elective public functions and to participate, even indirectly, in political party activities.
Retired personnel have the obligation of accepting military functions if and when summoned.
On the other hand, the military career takes place within a strict hierarchical system based on a rigid chain of command and authority derived from military hierarchies, and a very structured, pyramidal and quantitatively restricted promotion regime, based on excellence criteria.
One characteristic of the military profession is that no requirements are imposed as to religious beliefs (non-confessional).
This freedom of conscience and religion is a principle recognized by the National Constitution. The military therefore enjoy due freedom to practice their personal beliefs.
The Constitution also sustains the Roman Catholic religion, a provision derived from the historical and cultural background related to the predominance of this creed in Argentina.
Within the sphere of the Armed Forces, this fact is reflected in the spiritual care of catholic personnel by chaplains from the Military Bishopric.
2. Fully professional Armed Forces
Act No. 24429, enacted in early 1995, introduced a significant change to the Defense policy by implementing the current Volunteer Service (SMV), which substituted the previous System of Conscript (SMO) in force for the last 100 years.
The SMO fulfilled a very important role that transcended the mere requirements of the Services, as it also acted as an instrument for the geographical, social and cultural cohesion of the Argentine society, which in the early 1900's included large numbers of immigrants.
The experiences of the 1982 South Atlantic conflict resulted in the initiation of studies within the Services and led to new experiences (such as that of the Argentine Navy as from 1988).
The acceleration of social and political changes in the country led to the elimination of the system of conscript, and a model based on professional volunteers was adopted.
The main aspects of the SMV are the following:
- It is a service provided by Argentine men and women of their own free will with the aim of contributing to National Defense.
- The personnel thus incorporated is classified as Volunteer Troops as determined by Military Personnel Act 19101.
- The number of soldiers and the quantity of personnel per Service is established by the President of the Nation on an annual basis, based on proposals submitted by the Minister of Defense.
- Volunteers can carry out operations, logistical and administrative tasks.
- The incorporation age ranges from 18 to 24 years (minors require a legal authorization).
- Volunteers may remain in the Services as soldiers until the age of 28.
If the quotas are not covered, the Executive Branch, with the authorization of the National Congress, can exceptionally summon citizens under the terms of Act 17531 of the SMO, which is still in force. Persons thus summoned who state objections because of deep religious, philosophical or moral convictions must comply with the Substitute Social Service, carrying out the following tasks:
- Civil Protection and Defense
- Health, social or educational services
- Environmental preservation
In the three years elapsed since its implementation, the SMV has proven that it can satisfy the requirements of the modern Services that Argentina needs to meet the challenges of future scenarios.
3. The reserve system
The recent discontinuation of the System of Conscript, its substitution by the professional volunteer system and the new guidelines established by the Armed Forces Restructuring Act have led the Services to study the integral change of the reserve force model to be employed.
This process is affected by the reduction of the troops incorporated since the enforcement of the voluntary regime, and the progressive decrease, up to its extinction, of the reserve formed by the previous conscription system. An additional impact has come from the tactical and technological changes occurred in present military operations.
Another aspect that adds to the complexity of the problem is caused by the different requirements and modalities of each Service.
At present, the Ministry of Defense is carrying out studies and drawing on the experience of countries where this subject has been exhaustively developed (such as the US) or is being developed (such as Spain). A visit and information exchange program has been put in place for this purpose, though this does not imply that an identical system will be established.
Though we have only started to address this issue, it is possible to anticipate the main lines of work:
* The development of the new reserves system must be closely linked with the general restructuring of the Armed Forces, their dimensions and deployment, including the definition of the legal instruments governing the subject, as well as their summons in case of a national mobilization.
* Reserves would complement, not replace, regular forces.
* The incorporation and eventual deployment of the reserves would require a previous process to validate their training level. In this sense, reserves could receive part-time training on the basis of different degrees:
- A first reserve formed by the personnel from the previous group of officers and NCO's that have retired, resigned or been dismissed.
- Personnel from military high schools and other Armed Forces schools, and volunteers who have ceased to serve.
- Personnel incorporated for fixed periods.
- The legally available, untrained reserve.
* Different treatments would have to be applied to officer and NCO reserves and to soldiers.
* The investment in a reserve system would have to be directly related to the investment made for the training and resources of permanent military organizations.
4. Women in the Armed Forces
The incorporation of women into the Services dates to a few decades back. Gradually, through the adaptation to the country's social and cultural changes, the Services enlarged the scope of work of female military personnel.
At present, women from the reserves (Military High School) or from civilian life are serving as officers, NCO's and volunteer soldiers and contribute their particular abilities in the professional, combat support and logistics fields. Thus, they are on an equal footing as regards the requirements, obligations and rights imposed on all military personnel by current regulations.
Women are also involved in our peace missions abroad, and have participated in more than 50 such missions in the Cyprus and Croatia operations.
At present, it is usual to see female personnel in Staffs, different types of military units, ships, bases, operational centers and even in Army aircraft. Their involvement in military institutions significantly increased as from the implementation of the Volunteer Service in 1995.
Women's participation in the Armed Forces also increased significantly from the qualitative point of view as from 1997 with their admission into the Army Military Academy, the Command Corps, and to the artillery, engineers and communications branches.
The integration of women into the Military Instrument not only requires cultural adaptation as regards conduct but also represents a special challenge as to infrastructure, and has different features in each Service, because of its particular characteristics and sphere of activity.
The Argentine experience shows that female personnel are fully prepared to participate in military roles, have no difficulties in complying with the functions entrusted to them and show a great deal of enthusiasm, decision, work spirit, competitiveness and desire to excel.
5. Military retirement
This important institution that also characterizes the military profession is substantially different from civilian pensions. Retirement is not a system based on seniority; rather, it constitutes a basic element for conduct, forming the pyramidal organic structure of the Armed Forces and is one of the bases of the reserve system.
The main aspects of the military career and the requirements of the armed organizations that generate the need for the military retirement concept can be summarized as follows:
* The pyramidal nature of the Services automatically generates a progressive reduction in the available vacancies as people are promoted. This lack of vacancies leads to the need to set aside members who do not access such vacancies even before they reach the retirement age established at national level.
* The military career requires increasing upgrading and a progressive increase in requirements according to the successive ranks and roles. The law establishes that persons who fail to meet these requirements are obliged to retire, as there are no positions that they can fill.
* Persons leaving active service, whether voluntarily or as a consequence of the law, must continue to maintain --as described before - their military condition and meet many of its requirements. Retired personnel are members of the reserves as a consequence of National Defense requirements, and may be summoned again into active service. Such service cannot be avoided.
* The only circumstances that release a person from military condition are resignation or dismissal, which imply, together with the release from the military condition, the forfeiture of the right to retirement benefits and of any pension fund contributions paid.
* The specific nature of professional military training is a serious obstacle against the reinsertion of military personnel in other work areas when leaving active service.
* The military personnel's work activity is subjected to requirements different from those prevailing in the civilian sphere:
- Exclusive, full-time dedication with no extra pay.
- Impossibility to carry out any other remunerated activities.
- Instability as to permanent residence.
- Demanding physical activities and risks implicit in military operations.
- Age restrictions according to operational missions.
Military retirement is associated with the assignment of a benefit based on a scale, as a function of the years of service accumulated at the time of service cessation.
Financial Assistance Institute for Military Retirement and Pensions (IAF)
The benefits, compensations and pensions for retired military personnel are financed with the participation of this Institute on the basis of the personnel's individual contributions (which continue to be paid after retirement). The Government also pays contributions by way of public charge, pursuant to Act No. 162 enacted in 1865, National Defense being a Government function that cannot be delegated.
The IAF was created by Act Nš12913 and started its activities in 1947.
At present, its operations are ruled by Act Nš22919, which, among other aspects, regulates the investments that the Institute may make in order to help the Government with its contribution.
The present system is closed and does not contemplate the transfer of contributions to or from civilian pension funds.
Future amendments to the retirement and pension regime
Act No. 24241, enacted in 1993, introduced a new National Retirement and Pension System (SIJP) which provides for a mixed regime based contemplating two options. One of them is individual capitalization, to which the new active members coming into the system must mandatorily adhere. The other is a Government pension system, which is optional for present active members not wishing to enter the capitalization system.
At present, the military are excluded from voluntary incorporation into the SIJP due to the impossibility of transferring their contributions, as established by Act No. 19101.
The great political and social transformation imposed by the deregulation of the pension fund systems and the creation of pension fund management companies (AFJP) makes it necessary to adapt the described military retirement and pension scheme to this new context.
The Ministry of Defense is developing proposals to amend the current legislation taking into account the following criteria:
- Allow the military retirement and pension scheme to interoperate with the SIJP, through the capitalization of individual accounts that can be transferred to and from different AFJP's. The situation created by new employment and re-employment derived from "fixed term personnel employment" already mentioned in the particular restructuring policies is also contemplated.
- Improve the IAF's financing capability in order to gradually decrease government costs.
- Provide legal protection for the financial capital of the Institute and the funds collected.
6. Military Justice
It is necessary first to distinguish two spheres in the military jurisdiction: on one hand, the military disciplinary jurisdiction and on the other the military criminal jurisdiction.
The former, referred to in the Military Code of Justice as the "executive competence" is a function inherent to command and is therefore exercised by the whole hierarchical structure starting from its maximum authority, the President of the Nation in his capacity as Commander in Chief of the Armed Forces. The exercise of this function implies the penalizing of any disciplinary faults committed by military personnel, consisting in any violations of military duties that the law of the regulations penalizes with the disciplinary measures provided for in such Code.
Contrary to the above, the military criminal jurisdiction applies to offenses and penalties that, according to the relevant sections of the Military Code of Justice, can only be applied by the intervention a Court Martial.
This jurisdiction is not derived from the power exercised by the President of the Nation over the Services but from the legislative power to issue regulations governing the organization and management of such Services, which derives from the National Constitution.
Ultimately, the military jurisdiction provides legal support to the discipline concept which, as we have seen, is one of the main characteristics of any military organization.
The Code consists in a triple conceptual unit: its provisions are common to all three Services, it contains the regulations for peacetime and wartime, and contains, in a single body, the regulations concerning the organization of military courts, their procedures and the penalties.
Amendments to the Military Code of Justice
Up to the amendment introduced into the MCJ by Act No. 23039, the military jurisdiction exercised by military courts was separate from the Judiciary. Its judgments were final and there was no possibility of appealing, save through an extraordinary appeal before the Supreme Court of Justice of the Nation.
Basically, such jurisdiction comprised primarily military offenses and faults and all those offenses committed by the military in acts of military service or in places exclusively subjected to military authority that affected the rights and interests of the Government or of persons in general.
After such amendment to the MCJ, which took place in 1984 and which includes a new criterion adopted by the Supreme Court(2), a judicial review is required for military court judgments. Such review is implemented through a motion filed before the National Appellate Court for Law Interpretation in Criminal Matters with the mandatory participation of the Government prosecutor in all cases, which is an indispensable requirement for the judgment to remain firm.
On the other hand, such amendments to the MCJ limited the military penal jurisdiction in peacetime only to essentially military offenses and faults, that is, to offenses affecting the existence of the military institution, which are provided for and penalized in such code. All other offenses fall within the competence of civilian justice.
The mandatory review and the restriction imposed on military jurisdiction are not applicable in wartime.
Further to the described conceptual policy, and with a view to strengthen the adaptation of Military justice to the new circumstances of the country and current times, the Minister of Defense and the General Auditing Office of the Armed Forces started to develop in 1997 a review of the regulations contained in the MCJ.
The major changes included in such proposal are the following:
- Incorporation of the regime contemplating penalties for violations against Armed Conflict International Law.
- The scope of mandatory obedience is clarified. In brief, this issue may not be invoked when the order issued by a senior officer manifestly implies the commission of a felony.
- In the case of offenses against protected persons and property in armed conflict situations, the responsibility of the offenses committed by the subordinates, in certain circumstances, extends to the senior officer.
- Military jurisdiction is limited to acts committed by military personnel which are included in the MCJ, regardless of whether they are included in other penal legislation. On the other hand, it extends to all the offenses that military personnel may commit during peacekeeping operations in other countries.
- Assistant Attorneys are incorporated into Court Martial.
- Prosecutors are to be selected from military judicial entities.
- The proposal provides for the possibility to voluntarily select a defender (who should be a lawyer) from the time a person becomes a defendant, as well as the mandatory selection of such a defender when the person must testify at the inquiry.
- Freedom on parole is incorporated.
The enactment of these amendments as a national law will bring about a significant modernization of the military justice regime. This policy adequately reflects the changes that social and legal evolution has caused in the national and international context and incorporates the experiences gathered since 1984. The aim is contributing to strengthen the republican principles as well as the principles established by Human Rights.
CHAPTER XXI: DEFENSE EDUCATION
The modernization of the Defense Education System derives from the lessons learned and from combat experiences (such as the South Atlantic conflict), which have influenced the updating of doctrine and of operational and training aspects, among other factors.
On the other hand, the transformation of conflict characteristics after the Cold War and the appearance of new challenges brought about the redefinition of the missions entrusted to the military instrument as well as a significant impact on education for Defense.
In particular, the Argentine involvement in the Gulf War allowed employing new political-strategic and operational-technological concepts. This contributed to significant improvements in educational organizations by imposing innovations in all areas --from mental attitudes through technical aspects--, and made clear the need to educate the personnel in the understanding of the nature of change, its requirements and its future consequences, in line with the specific functions of each Service.
These factors form the context surrounding the change in the educational systems within the sphere of Defense.
1. The Defense Education System
The Education System within the sphere of Defense is immersed in a process of change commensurate with its specific needs and with the necessary correlation with the National Education System. In this sense, the Ministries of Defense and Culture and Education are in close and permanent contact.
The educational organization of Defense, as regards its functional aspects, is based on harmonizing the various levels responsible for the different areas, such as management, planning and execution. It comprises the following:
- National Defense level: It is concentrated in the Ministry of Defense, with authority and responsibility vested from the Minister down to General Directors.
At this level, particularly in the area of the Military Affairs Office, there is a general relationship with the national authorities in the matter.
The National Defense College, the highest institution in Defense subjects in Argentina, is also placed at this level.
- Joint level: This level corresponds to all aspects related to the joint use of the military instrument. The JSAF is the responsible entity in this area.
- Armed Forces specific level: The particular education of each Service is developed at this level according to different areas of activity. The specific relationship of the Services with the Ministry of Education is present at this level too, for the particular purposes derived from the functions and competencies assigned to each.
- Higher level: The Chiefs of the General Staff are the maximum authority of the respective education systems, with the involvement of different organizations according to the structure of each Service.
- Institutional Education Directorate: Each Service has its own organization. Such organizations are basically similar. In the Army, education is the responsibility of the Military Schools Command. The Army Higher Education Institute reports to this Command. In the Navy, responsibility for education lies with the Naval Education and Training Directorate, whose Director is, in turn, the dean of the Naval University Institute, and in the Air Force, the organization in charge is the Personnel Command, with the Aviation University Institute reporting to it. These higher education institutions have been certified by resolutions of the Education Ministry.
- Operational Training: This area corresponds to the Operational Commands of each Service, which are also provide valuable evaluation services as regards the courses given in the various schools.
- Institutional Execution: This area comprises the Directors of the Schools and Institutes and to Unit Commands in a wide sense, who are directly responsible for training their personnel in accordance with their respective missions.
2. The National Defense College
This institution was created in 1950 under the name of National War College, an appropriate name given the concepts in force at the time. Its objective was to train civil servants and Service members. Its present name was established by Decree No. 866 issued in December 1973, and its object was extended to encompass the wider scope implicit in National Defense, i.e. its link with the higher administration levels of the Government.
Primary responsibility
The National Defense College (EDN) provides basic and interdisciplinary teaching and develops political-strategic, economic, social-cultural, military and scientific-technological studies and research on the national and international situation, within a frame of integration between civilian leaders from the public and private sectors and Service members.
In both cases, professionals and military personnel of our country and persons from friendly countries with scholarships attend EDN courses.
Fields of activity
The EDN fulfills the above described functions through the following actions:
- Master's Degree in National Defense, a post-grade degree endorsed by the Ministry of Education.
- The annual development of its regular academic activities, among which special mention should be made of the National Defense Senior Course, as well as many special courses.
- Conference cycles on Defense-related subjects, held in different regions of the country.
- The establishment of relationships with national, foreign and multinational organizations.
- The implementation of promotion and publicity programs, publications and institutional and teaching exchanges.
- Advisory services to regional organizations of the country and to National Defense Circles created in the provinces.
- Research in subjects within its scope of activities.
Academic policy
It is aimed at training specialized professionals in National Defense with specific knowledge of:
- Disciplines and factors related to National Defense
- Decision-making in interdisciplinary contexts
The National Defense Senior Course
The two modalities of its curricular structure are shown in Figure 21-1.
I. Theory Cycle
- Analysis of the national and international scenario
- Behavior of the factors forming the national potential
- Research and decision-making theory
II. Practical Cycle
- Applied research
- Strategic decisions
- Conflict situations
III. Research Cycle
- Development of a thesis
Extra-curricular academic activities
Academic activities of this kind comprise Regional and Special Cycles developed in the national sphere.
- Regional Cycles inform about the fundamental concepts of National Defense in the public and private sectors of the interior, with special reference to local interests related therewith.
- Special Cycles inform about National Defense concepts in the spheres related with the main national interests.
Research
Research is carried out according to the guiding principles imposed by the framework in force at national level and involves teachers and students.
The Strategic Research Council evaluates the works and publishes them in the EDN Magazine, Booklets and Academic Bulletins.
National cooperation
As the entity concentrating Defense-related academic activities, EDN develops an institutional relations program aimed at achieving the large-scale dissemination of National Defense concepts. At local level, the program contemplates a strong support for higher level educational institutions as regards activities related with the dissemination of Defense concepts. At present, there is a frame agreement covering the academic integration with the Aconcagua University, and additional agreements are being negotiated with the National Universities of La Pampa and Cuyo, with the Argentine Catholic University, with the "Blas Pascal" University, the Catholic University of Salta and the "San Juan Bosco" University of Patagonia.
As another form of cooperation, EDC carries out extra-curricular academic activities (conferences, seminars and meetings) in coordination with similar entities, especially with its own Graduate Center.
International cooperation
Within the international cooperation program, contacts have been made to establish cooperation and exchange agreements with the National Political and Strategic Academy of Chile, the Defense University of the US and with the King's College Strategic Studies Center of Great Britain.
On the other hand, the Defense College is visited by similar institutions. Lately, it received delegations from Brazil, Chile, the Republic of China, Spain, the US, Italy, Thailand, Uruguay and Venezuela.
Cooperation with Non-Governmental Organizations
As a reference entity in defense-related strategic studies, the EDN promoted in 1998 the First National Meeting on Strategic Studies, with invitations issued to all Non-Governmental Organizations, official institutions and renowned researchers to address common interest subjects. This meeting was held with great success. A Second Meeting, open to international involvement, will be held in 1999.
EDN transformation policy
The following objectives are being promoted or improved upon:
- The excellence of the Senior Course
- The design of a bachelor's degree in the subject of National Defense
- The creation of Intermediate Courses for citizens who cannot meet the requirements to access the Senior Course
- The contribution to the training of SINAPA (National Civil Service Career System) personnel, particularly in the area of Defense, both as regards general knowledge upgrading and specific training
3. Military education and training
The extraordinary technological advances of the last few years and the transformations in world affairs require, for military organizations, the service of men and women with increasing levels of general and specific knowledge and technical capabilities.
Military education in the three services is based on a common principle: the personnel's basic education and specific training are carried out by periods along the career; they are given by specialized schools, divided into stages and permanently adapted to the changing requirements of the military institution and to scientific and technological advances.
This principle is implemented through a permanent training criterion and many upgrading courses.
In particular, the educational processes of the three Services contemplate a first stage involving training, and a second one involving upgrading.
In the first stage, the students acquire general knowledge, capabilities and abilities according to the characteristics of each Service. In the second stage, the institutional requirements corresponding to each specialized professional profile are developed.
This progression and diversity in teaching comprises all officer and non-commissioned officer ranks and implies the necessary existence of several schools, higher training and specific training organizations, each having the special features corresponding to the missions and functions of each Service and their different scopes of activity.
This harmonious, dynamic, and flexibly integrated grouping of human, pedagogical, doctrinal, functional, infrastructure and financial resources operates as a component in the development of the National Education System.
Structural reforms
The transformations that took place in the military educational sphere during the 1990s, based on experience and on the new requirements imposed on the Military Instrument, enriched by the incorporation of modern disciplines and university level subjects into the curriculum.
Thus, the university extension of the military education system was implemented for the officers through the creation of the University Institutes mentioned above, recognized as such by the Ministry of Education.
This significant step, particularly as regards the upgrading of officers who will later become the senior leaders of the Services, allows obtaining university level degrees and post-grade degrees. This process is emphasized by the present active attendance of military personnel to civilian universities, an activity leading to the anticipated compliance with the new requirements established by the Armed Forces Restructuring Act as regards promotions. A bachelor's degree is required for the promotion to Senior Officer and a high school degree for Senior NCO).
All these studies are carried out preserving the professional requirements of the military career according to the specific needs of each Service.
Education and jointness
This field of military educational activity, concentrated in the JSAF, received a strong political drive as from 1984, going beyond exclusively military matters and reaching out to other government sectors of interest.
The Senior Course of the Armed Forces, instituted in 1985, consists in annual meetings of a small group of Army colonels, Navy captains and Air Force colonels, where they are trained to perform the highest responsibilities at senior levels of their Services and in the military strategy sphere. It is also aimed at improving skills to act as advisors for the political and military organizations of the country. The curriculum focuses on three essential academic areas: Strategy, Administration and Foreign Affairs, and also includes a complementary course on Senior Management.
The Joint Military Planning Course, given since 1985, includes officers of the Ministry of Defense and military personnel of the JSAF, the General Staffs of each Service and the Operational Strategic Commands, and covers subjects related to National Defense, strategic planning and the operation of Defense-related institutions.
The joint interoperability of the Services is based, among other things, on the Joint Operational Strategic Planning Course, which brings together the students taking the last year of the specific staff courses given at the Command and Staff Colleges of each Service. In its final phase, it includes war games, with the involvement of the students from the National Foreign Service Institute (which trains professional Foreign Ministry diplomats), the National Defense College and the National Intelligence School.
4. Military education and Human Rights
The understanding of this subject requires some previous conceptual clarifications.
Human Rights and International Humanitarian Law
While the Human Rights International Law is formed by a set of principles and rules aimed at respecting and guaranteeing human rights, the International Humanitarian Law (IHL) comprises the rules contained in treaties and also customary laws that rule the behavior of participants in armed conflicts and the protection of persons affected by the conflict.
In other words, in the first case, the law applies because of the individual's quality alone, as the holder of the rights and as the subject of that sphere of international law. In the second case, the law applies because of his involvement in a war in which the subjects are the States and the International Red Cross Committee, while individuals are protected persons.
Both sets of rules are compatible through their convergence.
In the human rights sphere, there is a set of basic rules that cannot be abolished and that must continue in force whatever the situation of the State, even in international or internal conflict situations, disturbances or social tensions.
IHL, as a law for exceptional cases, applicable in emergencies, includes the basic Human Rights in regulations that reflect their similarity with the former, showing their common characteristic.
Therefore, whenever the Armed Forces are involved in conflict situations - as will obviously be the case because of their nature - they will be required to strictly adhere to the standards contained in International Humanitarian Law, which will in turn imply their compliance with the unrepealable principles of Human Rights.
The fact of submitting to the law and acting according to its rules will make the acts of the Armed Forces legitimate, ennoble their involvement, ensure international recognition and will be a source of renewed confidence on the part of society.
Teaching and dissemination of International Humanitarian Law
According to the concept of Human Rights and International Humanitarian Law as complementary principles, we have promoted and will persevere in promoting the teaching and dissemination of these rules within the Armed Forces and in other national spheres.
At the level of the Ministry of Defense, Ministerial delegates to the Inter-Ministry Commission for the Enforcement of International Humanitarian Law (created by Decree No. 933/94) contributed to produce curricular design proposals aimed at teaching IHL at high school and university levels. They were subsequently delivered to the Ministry of Education and to public and private universities throughout the country.
At the military academy level, the three Services are considering the inclusion of similar subjects in their Higher Institutes, Command and Staff Colleges, basic education academies and in the military education classes given to all the personnel.
At the operational training level, it is worth mentioning that IHL requirements were incorporated into the exercises, to be considered in command decisions.
In addition, subjects related to armed conflict law have been included in CAECOPAZ (Argentine PKO Joint Training Center) curricula, as the peacekeeping operations sphere is a field where these rules are widely applied.
Many conferences and seminars are being held throughout the country, with the joint support of the Ministry of Defense, through the Armed Forces and local Universities. This academic activity is projected onto the international plane through many events and the involvement in different organizations.
5. Future educational policy
In the light of the evolution of national and world events, both in our country and in more developed ones, military education and training will tend towards a higher degree of exchange, integration and rationalization. This is done focusing on the specific features of the different missions and functions of each Service but with special reference to jointness.
Meanwhile, at the Ministry of Defense level, an inter-ministerial channel with the Ministry of Education and Culture has been created (Policy and Strategy Under-Secretary and Education Planning Under-Secretary, respectively) with the aim to facilitate the full integration into the National System and to finalize, at the technical level, the implementation of such system in the Armed Forces schools by 2001.
Guidelines for military education upgrading
The studies aimed at developing education in the sphere of Defense, particularly within the Armed Forces, as established by the Armed Forces Restructuring Act, are being developed in accordance with the following guidelines:
- Military education will be developed through the Education Systems of the Ministry of Defense, the Joint Staff of the Armed Forces, the Army, the Navy and the Air Force, forming a System to be coordinated and supervised by the mentioned Ministry.
- Its purpose will be to provide professional education according to the operational needs and the specific requirements of the position, role and function to be performed within the sphere of each Service, in the joint sphere and in the area of National Defense, strengthening and/or reorganizing the organizations required.
- The funds allocated to education will be assigned to specific military training and to defense-related areas of knowledge, avoiding the overlapping of efforts and human resources.
- The Defense Education System will be in consonance with the Federal Education System, avoiding the cost of training professionals that can be recruited from among graduates of the National Education System or issuing degrees in specialties that can be studied in the national education sphere.
- The National Defense University will be created. This institution shall provide the best level of higher education in National Defense both for military and civil personnel, and shall manage and coordinate research activities in this field.
The possibility of creating this university on the basis of the present EDN is being considered, including the Armed Forces Senior Course and the University Institutes of each Service, but without causing the latter to lose their present leadership and specific features.
CHAPTER XXII: CIVILIAN PERSONNEL
The human component of Defense is not restricted to soldiers only, whether in active service or in reserve. It is also formed by the civilian officers and employees of the Ministry of Defense and other organizations of this area, and the civilian scientific, technical, administrative and teaching personnel of the Services. All of them contribute, from their respective working areas, to implement the integral concept of Defense which was explained above.
1. The National Civil Service Career System (SINAPA) in the Defense Area
This scheme was placed into effect by Decree No. 993/91, a regulation forming part of the Government Reform, and replaced the previous personnel scale, in force since 1973, modifying the previous procedure applied to fill positions. At present, personnel selection takes place through general or open competition.
In general terms, SINAPA comprises three groups: General, Scientific-Technical and Specialized, and six levels, each of them containing its respective categories.
The new personnel organization was placed into effect by a joint Resolution of the Ministry of Defense and the Civil Service Secretary of the Presidency.
After a subsequent enhancement of the Government Reformation, Decree No. 660/96 implemented various transformations and mergers within the sphere of the Ministry of Defense, including the transfer of the National Gendarmerie, the Argentine Coast Guards and the National Civil Defense Directorate to the Ministry of the Interior.
After reorganizing the objectives of the various areas, the present organizational structure of the Ministry of Defense provides for the following number of posts:
- SINAPA
General Area
- Central Administration: 550
- DNA: 58
- CITEFA: 112
Scientific-Technical Area
- DNA: 43
ORGANIZATION PER DECREE No. 4381/73
Armed Forces Scientific and Technical Area
- CITEFA 376
The administration of the civilian personnel is performed by the Human Resources General Directorate of the Ministry of Defense, which coordinates personnel policies and applies the organizational and personnel administration regulations in the Ministry and its various offices.
2. Civilian Personnel Job Training
The modernization of education, in its widest sense, contemplated in the previous Chapter, now extends also to the civilian personnel working in the Defense area.
The National Civil Service Institution (INAP), created in 1994, is in charge of the National Education and Training System, aimed at educating, training and upgrading civil servants. This System encompasses all formal and informal training activities undertaken to upgrade professional capabilities.
The personnel included in SINAPA must accumulate a certain quantity of training credits for each performance evaluation required for promotion, according to the category of their function.
Training Programs and Types
SINAPA manages the following programs, according to the level or function of each individual:
- Senior Civil Service Management
- Higher Education
- Job Training
Each program comprises cycles, subprograms, courses and/or activities carried out by INAP.
Training takes place through the following resources:
- Upgrading System, aimed at the general upgrading of all Civil Servants; it is implemented by INAP.
- Specific Training: It is similar to the above but adapted to the requirements of each organization.
- In particular, the Ministry of Defense organizes and implements a series of annual courses to meet these requirements, such as National Defense, Civilian-Military Relations, Antarctic Training, Resource Management, Internal Auditors, English Language and other courses.
- Formal Education: Completion of secondary, higher or university studies.
- Equivalence System: This comprises the recognition of credits for function-related training activities carried out by the personnel on their own initiative. These activities may be carried out at Argentine or foreign public or private institutions and at governmental or non-governmental organizations.
Furthermore, scholarships are provided for courses, seminars or conferences related with the individual's position or the function performed by the organization.
3. The Armed Forces' civilian personnel
This personnel is hired according to the provisions of the Civilian Personnel and the Civilian Teaching Personnel of the Armed Forces Regulations. Incorporation takes place through background evaluation and competition, according to the different groups, levels and categories provided for in such regulations.
Scientific personnel is governed by the Armed Forces Research and Development Personnel Regulations (Decree No. 4381/73), which locates such personnel in their specialized environment, in scientific research projects and technology development activities.
Training and upgrading take place through their daily activities. This allows the personnel to participate in internal competitions (within their own Service) to achieve a change of post or a promotion.
These activities are complemented by courses given either by each institution or externally.
The profile of the civilian personnel incorporated into each Service initially meets the specific operational requirements to perform logistical, technical, educational and administrative functions.
Civilian personnel represent an extremely important contribution to the missions of the Services, particularly as regards continuity in the activities of each organization, as such personnel is not subject to relocations like the military personnel and because of their traditional identification with the needs of military institutions.
The approximate numbers of civilian personnel presently working in the Armed Forces are shown in Table 22-1.
TABLE 22-1 - CIVILIAN PERSONNEL SERVING IN THE ARMED FORCES
| Force | Civilian Personnel (*) |
|---|---|
| Army | 8,500 |
| Navy | 8,800 |
| Air Force | 8,600 |
The modernization of the Armed Forces civilian personnel regime
Resolution No. 129/98 of the Ministry of Defense created a Committee formed by representatives of the Human Resources General Directorates, the Ministry of Defense Reorganization Coordination Directorate, the Joint Staff of the Armed Forces, the General Staffs of the Armed Forces and representatives of the Armed Forces Civilian Personnel Union (PECIFA). The aim is considering the change of the Rules and Regulations presently governing the activities of the Civilian Personnel and Civilian Teaching Personnel of the Armed Forces.
(1) These War Veterans are the beneficieries of Act No. 23.109 (1984). The Ministry of Defense and the Services have set up orientation offices for them.
(2) F. 313-II-961 and others
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