protection from torture, in their activities related to the detention and capture of individuals
by Defence Force personnel.
167.
The IGIS made two recommendations in the Report:184
Recommendation 1: I recommend that in situations where the NZSIS and the GCSB are to
provide support to military operations the intelligence agencies work to ensure there is interagency planning, in advance of that activity, which anticipates human rights risks, including
how they will be identified and approached in the context of the collective inter-agency effort
and the overarching government responsibilities.
Recommendation 2: I recommend the agencies’ review of the Joint Policy Statement on
Human Rights Risk Management is expedited and pays specific attention to best practice,
involving: (i) the threshold applied by the agencies to make decisions on sharing intelligence
where there is a risk of human rights abuse, and (ii) the factors relevant to mitigation,
especially the reliance that can safely placed on factors such as assurances and caveats in
inherently risky circumstances.
168.
On 31 July 2020, the GCSB welcomed the oversight into the GCSB’s actions in Afghanistan over
the relevant period.185
169.
We understand that the Government has recently adopted a revised the joint policy statement
on managing human rights risks in overseas cooperation and the IGIS will review a selection of
assessments carried out under it.186
170.
We note that in January 2023, a periodic review of the Intelligence and Security Act 2000 was
completed and presented to the Intelligence and Security Committee. After the Committee has
considered the report, it must present the report to the House of Representatives. The
Government will then consider any recommendations in the report. The review considered
whether the legislation can be improved to ensure it continues to be clear and effective, as well
as relevant matters that were raised by the Royal Commission of Inquiry into the terrorist
attack on Christchurch masjidain on 15 March 2019.
171.
The Committee may wish to recommend that the Government consider amendments to the
Intelligence and Security Act 2007 that enhance public reporting and monitoring of the
agencies’ implementation of recommendations made by the Inspector-General of
Intelligence and Security recommendations, particularly those regarding human rights
matters.
Article 14
Responding to claims of historic experiences of cruel treatment (List of Issues item 28)
172.
The Government has taken some steps over the years to provide redress for survivors of
historical abuse, but as outlined in the Royal Commission’s interim report on redress discussed
below, many of these measures have been inadequate. For example, criticisms have been
184
Ibid., at p. 51.
Response to the Office of the Inspector General of Intelligence and Security report on certain events in Afghanistan
between 2009 and 2013, available at https://www.gcsb.govt.nz/news/response-to-the-office-of-the-inspectorgeneral-of-intelligence-and-security-report-on-certain-events-in-afghanistan-between-2009-and-2013/
186 See https://igis.govt.nz/assets/Uploads/Work-Programme-2022-23.pdf.
185
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