A/HRC/14/46 G. Professionalism Practice 19. Intelligence services and their oversight institutions take steps to foster an institutional culture of professionalism based on respect for the rule of law and human rights. In particular, intelligence services are responsible for training their members on relevant provisions of national and international law, including international human rights law. 26. The institutional culture of an intelligence service refers to widely shared or dominant values, attitudes and practices of employees. It is one of the main factors defining the attitude of intelligence officials towards the rule of law and human rights.87 Indeed, legal and institutional frameworks alone cannot ensure that members of intelligence services comply with human rights and the rule of law. A number of States and their intelligence services have formulated codes of ethics or principles of professionalism in order to promote an institutional culture that values and fosters respect for human rights and the rule of law.88 Codes of conduct typically include provisions on appropriate behaviour, discipline and ethical standards that apply to all members of intelligence services.89 In some States, the minister responsible for intelligence services promulgates such documents; this ensures political accountability for their content.90 It is good practice for codes of conduct (and similar documents) to be subject to the scrutiny of internal and external oversight institutions.91 Training is a second key instrument for the promotion of a professional institutional culture within intelligence services. Many intelligence services have initiated training programmes that emphasize professionalism and educate employees on relevant constitutional standards, statutory law and international human rights law.92 It is good practice for these training programmes to be both required and regulated by law, and to include all (prospective) members of intelligence services.93 Finally, a professional culture can be reinforced by internal personnel management policies that reward ethical and professional conduct. H. Human rights safeguards Practice 20. Any measures by intelligence services that restrict human rights and fundamental freedoms comply with the following criteria: (a) They are prescribed by publicly available law that complies with international human rights standards; (b) All such measures must be strictly necessary for an intelligence service to fulfil its legally prescribed mandate; 87 88 89 90 91 92 93 GE.10-13410 South African Ministerial Review Commission on Intelligence, p. 233. South Africa, Five principles of intelligence service professionalism, South African Intelligence Services; South Africa, Ministerial Regulations of the Intelligence Services, chapter 1(3)(d), 1(4)(d); see also Bulgaria (footnote 15), art. 66 (with regard to application of the Ethical Code of Behaviour for Civil Servants to members of the intelligence services). United Republic of Tanzania (footnote 61), art. 8(3); South Africa, Five principles of intelligence service professionalism, South African Intelligence Services. United Republic of Tanzania (footnote 61), art. 8(3). Netherlands, Supervisory Committee on Intelligence and Security Services, On the Supervisory Committee’s investigation into the deployment by the GISS of informers and agents, especially abroad, see sect. 4; for the role of Inspectors-General in these matters, see South African Ministerial Review Commission, p. 234. South African Ministerial Review Commission on Intelligence, pp. 209 and 211. Argentina (footnote 2), arts. 26–30; South Africa (footnote 23), art. 5(2)(a). 17