contravenes international human rights law30.  That intelligence services and their oversight institutions take steps to foster an institutional culture based on respect for human rights, including training members on the relevant provisions of international human rights law.31 41. Furthermore, the OHCHR has observed a disconnect between the “clear and universal” framework for the promotion and protection of privacy under international human rights law and the inadequacy of the legislative frameworks of many States in providing safeguards and accountability for privacy violations32. 42. The OHCHR has also identified a “clear and pressing need for vigilance” in ensuring that surveillance policies and practices comply with international human rights law. Accordingly, the OHCHR has recommended that States review their national laws, policies and practices to ensure full conformity with international human rights law, and address any shortcomings through the adoption of a clear, precise, accessible, comprehensive and non-discriminatory legislative framework.33 43. This Review provides an important opportunity for this type of human rights stocktake to take place. This should also include consideration of whether a specific statutory mechanism is required to ensure human rights compliant policy and practice. With this in mind, the Commission considers that a statutory Code of Practice could provide a basis for incorporating into legislation a set of human rightscomplaint principles and related values that underpin national security policy and practice. 44. Further to this point, the UN Special Rapporteur Scheinin has observed that: “…it is good practice for national security and its constituent values to be clearly defined in legislation adopted by parliament. This is important for ensuring that intelligence services confine their activities to helping safeguard values that are enshrined in a public definition of national security…In many areas, safeguarding national security necessarily includes the protection of the population and its human rights; indeed a number of States explicitly include the protection of human rights as one of the core functions of their intelligence services.”34 Clarity and transparency 30 ibid, Practice 5 A/HRC/14/46, ibid, Practice 19, p 17 32 A/HRC/27/37, para 47 33 ibid para 50 34 A/HRC/14/46 p 5, 6 (such as Switzerland, Croatia and Brazil) 31 Page 87 of 93 Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR