72 Furthermore, the Commission considered that the challenges brought about by contemporary and future electronic surveillance and data interception technology requires consideration of whether the BORA should be updated to include a freestanding right to privacy, consistent with New Zealand’s obligations under the ICCPR. A copy of the Commission’s submission is attached at Appendix 2. 73 The Commission’s submissions argue the clear and consistent laws relating to surveillance. The Review’s Terms of Reference are limited to intelligence services. 74 The Commission has been advised that the reviewers will release their final report to the Minister on 29 February 2016. It will be up to the Minister to decide when that report is made public. The Commission will update the Committee further on these matters once the report has been released. 75 In November 2015 Justice Minister Amy Adams asked the Law Commission to begin a statutory review of the operation of the Search and Surveillance Act 2012. B. Foreign Terrorist fighters/Pillar One UN Counter Terrorism Strategy 76 The Countering Terrorist Fighters Legislation Act was passed by Parliament in December 2014. The Act is designed to ensure that New Zealand is able to address the evolving threat posed by foreign terrorist fighters. The Act forms part of the measures the Government has chosen to fulfil its obligations under Article 6 of the ICCPR - to adopt measures to counter terrorism and its impacts. 77 The Commission recognises the importance of the Act and the contribution that New Zealand can make to the fight against terrorism. However, any long term solution must start with the communities themselves – designing and implementing solutions to minimise extremism and radicalisation in their communities. This is recognised in Pillar One of the UN Counter Terrorism Strategy. 78 The Commission has also voiced concerns about the unintended consequences of measures such as the Countering Terrorist Fighters Legislation Act including stigmatism and harassment of particular groups and individuals. 79 The Commission remains concerned that the Government’s focus on Pillar One of the UN Counter Terrorism Strategy is less extensive than the other pillar of that strategy. New Zealand civil society organisations and the New Zealand Police have a long history of peacemaking and constructive community engagement that needs to be nurtured and strengthened in counter terrorism activities. 80 The Commission recommends that the Committee urge the Government to develop in consultation with communities a dedicated programme of work to minimize extremism and radicalisation. Page 24 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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