The Chairman of the Non-Commissioned Officers Association of the Armed Forces, the Army lieutenant on active duty, D. Pedro Amador Romero, appeared on 10 February before the Defence Committee of the Congress of Deputies, in sessions that were held to hear the views of various experts on the draft Bill of Rights and Duties of Members of Armed Forces .
In the interest and importance of this hearing, then inserted the text of it:
Mr President, ladies and gentlemen,
Amador My name is Peter Romero, I Army officer on active duty, and I appear before this Committee Defence as president Non-Commissioned Officers Association of the Armed Forces.
First let me thank you for the opportunity we offer with this appearance.
a noncommissioned officer was recently appointed adviser to the new Secretary of Defense, chief of staff in the Ministry. It is the first time that the NCO can make their views on decisions affecting their careers.
We have suffered with special intensity each and every system of personal laws, which have led to significant cuts in our expectations and rights. These legislative changes have led to the current collapse of our scale, causing a major upset in the group.
The principles of good faith and legitimate expectations reflected in the English and EU law have not been taken into account with us.
At the beginning of last year we were summoned to the Ministry of Defence to give our opinion on the implementation of the Organic Law de Derechos y Deberes de los miembros de las Fuerzas Armadas. Como comprenderán, al ser la primera vez que se solicitaba la opinión de los suboficiales sobre una determinada ley, en lugar de pasarnos por encima como una apisonadora, se generaron grandes expectativas.
Unos meses después pudimos comprobar que lo que se nos presentó como un avance en el reconocimiento de derechos para el colectivo era en realidad un recorte de los mismos. Un texto arcaico que pretende acabar con el carácter reivindicativo que ahora podemos disfrutar las asociaciones de militares. La Ley Orgánica 1/2002 regula el derecho de asociación para todos los españoles. We do not understand the apartheid legislation that unnecessarily, seek to regulate our rights separately from the rest of citizens
The legislature should only be legitimately impose limits on those rights, which are strictly necessary for fulfilling the mission entrusted by the Constitution to the military. These limits should be defined solely by their military status, respecting as much as possible the private sector.
NCO Association Armed Forces considers that a law Rights and Duties of the Military should be based on a fundamental principle contained in our Constitution: the English people are equal before the law.
could cite national and international case law contrary to the reduction or limitation of human rights beyond what is strictly necessary, but their Lordships are well familiar.
Step to present our thoughts on the draft Law on Rights and Duties.
COMMENTS ON THE DRAFT BASIC LAW OF RIGHTS AND DUTIES FOR THE ARMED FORCES.
Preliminary TITLE.
(Art. 4). The Government must promote the necessary measures to guarantee the principle of equality enshrined in Article 14 of the English Constitution to prevent discrimination, not only on grounds of sex, but for whatever reason.
As for the military's rules of behavior, I can assure you that the military know and fulfill our duties scrupulously. We would hope that the Administration comply with theirs in the defense of our interests in the same way.
TITLE I. The exercise of fundamental rights and civil liberties.
(Art. 9). States that the military are entitled to respect our dignity at work, especially against the professional harassment.
If we understand the professional harassment and bullying, we will have a major dilemma in the military.
How do you report the harassment training, raising complaints through the usual channels?
(Art. 11). In relation to freedom of expression and information, we believe that rights are already limited by the Official Secrets Act 48/78 and complementary regulations. You have to define precisely the areas affected by that obligation, if there is a catch that fosters arbitrariness.
With the current wording of this article may be prohibited comment Negatively pay cut or lack of solutions to the disastrous situation of the NCO.
is an unwarranted restriction on the right to freedom of expression.
(Art.12). In relation to the law of assembly and demonstration, we believe that a soldier in civilian clothes and without ostentation of this condition is a citizen.
In our view, this article represents a limitation of the law and not political concerns or association of the meeting, but also to the protest and is in a public place. This wording would not have been lawful military concentrations organized recently.
If not defined the phrase "making use of his military status", this limitation of the right may be unconstitutional.
TITLE II. CHAPTER I. Rights and duties of a professional.
(Art. 17). The right to race promised by the military law of the time of admission, we have removed non-commissioned officers in all military personnel laws.
There are numerous unresolved grievances that the Administration refuses to confront, and the later are addressed, the more difficult and traumatic the solution.
(Art. 18). The training must be a right but a duty.
The State must provide the means and aids suitable for development.
The Ministry of Defence must provide their members with the training they want, wherever they are.
DR 35/2010 training, fail the discussion in this article giving discriminatory treatment of non-commissioned officers.
(Art. 20). On reserve duty, we must define what kind of facts or data require proper save option, as there may be an unnecessary infringement of rights freedom of expression and information of the military. His writing allows all kinds of interpretations. (Art. 21). The permanent availability for the service to be regulated. It can not be at the whim of the head.
If in addition to meeting the working day, like other administration staff, we add the constant availability and increased age go to the reserve, the result is a large accumulation of hours worked without any compensation.
The permanent availability can not mean unlimited time and unpaid, as happens so often in our establishment.
(Art. 24). The wording of Article 24, concerning wages, leading to possible changes in the distribution approach complements.
provides no compensation for excessive working hours as a result of the constant availability for service.
Allows assignment to supplements subjective criteria, leading to a disproportionate distribution.
(Art. 27). It is impossible to ensure that complaints relating to personnel rules or conditions of life, will not adversely affect the career of presenting it. With the current promotion system can mean a loss of career prospects or even be delayed in employment.
TITLE III. CHAPTER I. Professional associations of members of the Armed Forces.
Articles of this chapter, represent a limiting the right of association defined by Article 22 of the Constitution and regulated by the Organic Law 1 / 2002.
do not believe that an association can provide an effective defense of the professional, economic and social needs of its members, only with reports and proposals. Partnerships have been using these means with the Ministry of Defence, with this Committee and with the rest of the Administration. In most cases we do not get even a receipt.
No mention the vindictive nature of the associations, recognized by the Constitutional Court ruling. It is an undue restriction of this right.
limits freedom of expression, freedom of assembly and petition of professional associations.
not allow adequate representation of channel partners to prevent requests, complaints, resources, etc.
It must be given to associations of legal cover necessary to exercise effective representation of its members and explicitly assume the purpose of protest from them.
The registration of associations of the Ministry of Defense must be only for the purpose of advertising.
TITLE III. CHAPTER II. Council Staff of the Armed Forces.
As currently drafted, may have more than 100 associations represented on the Council.
There is no firm commitment from the State to defend our interests, which continue at the mercy of the management of the Ministry of Defence.
believe that should fix a number of representatives by scales and armies, elected by their constituency.
the military for many years that we are mature enough to elect our representatives through direct elections, democratic formula for excellence.
Assuming that any system that collects the opinion of the military, in relation to professional issues, is better than the current roll, the system offered is the worst possible.
TITLE V. Observatory of military life.
In our view an advisory and consultative body can not guarantee the balance of rights and duties.
To date, the State has not ensured the interests of the NCO. "Supervise the Observatory of military life in defending the State of these interests?
Observatory members should be experts in human resources and legislation. None of the functions assigned to this body requires defense experts. The unpaid nature of the post will ensure its no effectiveness.
Finally, at the end of this bill, as in other provisions, is used to amend the Law 39/07. NCOs have made several proposals that involve virtually no economic burden on the State and are a necessary exercise of justice.
Do you think you that this project is a step forward in defending the interests of the military?, Or otherwise, is a reduction of rights with respect to the current situation?
is a truism that, as full citizens, the military need to defend our interests, professional, economic, etc. and understand that this could be done in three ways:
1.The State represents the interests of the military. Is the system we have been suffering, with disastrous results we know.
2. Through professional associations.
3. Allowing the Right to Organize
All of them may be valid and have no place in our Constitution. Require only the strong will of the Administration.
As the first case, the State looks after the interests of the military:
This model, which has caused extensive damage to our scale, has proved totally ineffective. It is a formal excuse to stop any channel defense of our interests.
At this point, we want to highlight this deficiency.
The entry into force of Law 17/89, led to the disappearance of traditional career model officer. The rise in official quotas go to the reserve, regulating the ranks avoiding many years of stay in each job. Today we can find a non-commissioned officers who have nearly twenty years in the same job. The average age of the sergeant has spent 24 years in the eighties, at 33 today.
Successive personal laws have not only worsened our situation, preventing an adequate flow of promotions and a decent career model.
For example:
unconditional • Integration in the Ranks of all NCOs by Law 17/89, the successive bad legislation and policy staff of the Ministry of Defence, have collapsed NCO Scale. Law 39/2007, solves it by giving us work and responsibility as an officer with a salary of officer and extending the age of passes to the reserve.
• The system of promotion to reserve officer (Temporary Provision VII of the Law 39/07) has led to the collapse of fundamental principles and created a great discomfort. The repair is feasible, with low cost, and yet the Administration refuses to address the issue with rigor.
• It recognizes the right of promotion to the retired NCOs who meet the conditions of Act 39/07, and itself has recognized this right to retired personnel of other scales.
• Youth in income, which in 80 was an advantage as more service time meant more opportunity for promotion, is now a burden that forces you to do more years of active duty that your co-promotion, reaching official later that they, with the consequent economic loss.
• Air Force NCO of the same scale, body and specialty were treated differently by the Law 17/89 as some expectations were respected and not others.
• The 10th Additional Provision of Law 39/2007, allows a new hierarchy and promotion to commander Scale Army Auxiliary (NCOs prior to the creation of the General Basic NCO Academy), forgetting his counterparts Air Force. that NCOs and lieutenants remain in the reserve.
• We have been changed to require the membership to a certain weapon or Specialty, reducing the supply of jobs.
• The performance of guards throughout working life, a considerable increase working hours without compensation.
• Integration into a single scale, of all Army non-commissioned officers, by the Act 39/07 and unequal conditions for the evaluation, will result in a significant number of NCOs specialists declared fit for climb to 7 times, can be neglected.
• A non-commissioned officers of the Navy are not recognized as a long military career remained Cabo 1 º Permanente, so if the current law provides. This makes it impossible to satisfy the minimum conditions to move to the reservation.
• The Royal Decree 35/2010 of education and training, internal promotion has been deleted, does not take into account the career paths we are not recognized university degree that it recognizes a different scale, it has reduced the age maximum access to the official level, not considered to obtain the degree in college at some point in the career of the new NCOs.
• A sergeant from the officers, after 5 years of academic training and years of service, to be held to extinguish unnecessary after an adaptation to the new official level, they are not referred to a rise in the reserve, as the other scales.
The relationship may be more extensive.
Those who have represented the State over the past decades in safeguarding the rights and expectations of the Scale of NCOs, have made clear dereliction of duties.
has to be an express right in this new law, this defense is effective and protects and restores the wrong suffered by those who at some point have been checked out of this guardianship.
For the second course, professional associations defend our interests
For the defense is strong, should be given to associations the legal cover necessary to pursue the representation of their partners.
should be regulated and covered by the Organic Law 1 / 2002 like the rest of the associations. The registration of associations of the Ministry of Defense must be only for the purpose of advertising.
must be an explicit recognition of the purpose of protest from them.
Representatives must be elected by vote of their constituents, similar to the Guardia Civil.
must create an arbitration body that go in case of conflict.
These needs are not reflected in the bill.
And in relation to the third course, right to organize for the military:
Art. 28.1 of the Constitution does not preclude the right to organize in the Armed Forces, what it does, one option is to allow the legislature to limit or derogate from this right. Therefore, it is perfectly legitimate to allow the right to organize in the military.
Any of the three scenarios can be effective in defending the interests of the military, however, all require the firm commitment of the Administration.
And finally, we say that if approved the Organic Law on Rights and Duties, as drafted, would limit the ability of operation of associations and trimmed the rights and fundamental freedoms of the military.
Thank you for your attention.
proud of our vocation. AGBs. Blog in defense of the NCO Corps of the Army General. Spain. 
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