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
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Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR