f. The Commission recommends that the Reviewers consider statutory mechanisms (such as a statutory Code of Practice) for requiring human rights training for intelligence and security officials. Part B: Oversight mechanisms 54. Oversight mechanisms are crucial components of a human rights compliant intelligence and security system. They have a critical safeguarding role in ensuring that powers are applied lawfully and in conformity with the State’s human rights obligations. 55. In most jurisdictions, oversight of the intelligence and security services is carried out in a multi-lateral way by a combination of institutions located within the executive, judicial and legislative branches of Government. While there is no single model for intelligence oversight, effective systems will include the following features42:      56. Specialised oversight institutions with mandates and powers based on publicly available law. At least one civilian institution that is independent of both the intelligence services and the executive. A combined remit of oversight that covers all aspects of the work of intelligence agencies, including compliance with the law, including human rights, as well as administrative, financial and operative performance. Power, resources and expertise to initiate and conduct investigations Measures necessary to protect classified information and data accessed as a result of oversight work. Among these functions, the independent scrutiny of compliance with laws and human rights obligations is a particularly important aspect of the intelligence and security system’s public mandate. As UN Special Rapporteur Sheinin has noted43: Intelligence oversight institutions serve to foster public trust and confidence in the work of intelligence services by ensuring they perform their statutory functions in accordance with respect for the rule of law and human rights. 57. 42 43 In New Zealand, these oversight institutions and their functions are spread over a A/HRC/14/46 , Practices 6-8 p 8-10 ibid p 9 Page 90 of 93 Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR

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