A/HRC/14/46
processes and activities of intelligence services are sometimes withheld from the public in
order to protect their working methods. These types of regulations do not serve as the basis
for activities that infringe human rights. It is good practice for any subordinate regulation to
be based on and comply with applicable public legislation.16
B.
Oversight institutions
Practice 6. Intelligence services are overseen by a combination of internal,
executive, parliamentary, judicial and specialized oversight institutions whose
mandates and powers are based on publicly available law. An effective system of
intelligence oversight includes at least one civilian institution that is independent of
both the intelligence services and the executive. The combined remit of oversight
institutions covers all aspects of the work of intelligence services, including their
compliance with the law; the effectiveness and efficiency of their activities; their
finances; and their administrative practices.
13.
In common with intelligence services, the institutions that oversee their activities are
based on law and, in some cases, founded on the Constitution.17 There is no single model
for the oversight intelligence services; however, the following components are commonly
included in comprehensive systems of oversight:18 internal management and control
mechanisms within intelligence services;19 executive oversight;20 oversight by
parliamentary bodies;21 as well as specialized and/or judicial oversight bodies.22 It is good
16
17
18
19
20
21
22
8
Bosnia and Herzegovina (footnote 6), art. 1; Brazil (footnote 2), art. 1(1); Croatia (footnote 2), art.
2(2); Ecuador, State and Public Safety Act, art. 3; Lithuania (footnote 9), art. 5; Romania, Law on the
National Security of Romania, arts. 5, 16; Mexico (reply).
Argentina (footnote 2), art. 24; Venice Commission (1998), I, B (b) and (c); Malaysia, Royal Police
Commission 2.11.3 (p. 316); Kenya, National Security Intelligence Act, art. 31; South Africa, Truth
and Reconciliation Commission of South Africa, report, vol. 5, chap. 8, p. 328.
Germany, Basic Law for the Federal Republic of Germany, art. 45d; South Africa, Constitution, arts.
209–210.
See S/2008/39, para. 6. While not included in the present compilation, it should be underlined that
civil society organizations also play an important role in the public oversight of intelligence services;
see reply of Madagascar.
For an elaboration on internal management and control mechanisms, see South African Ministerial
Review Committee, p. 204; European Commission for Democracy through Law, report on the
democratic oversight of the security services, CDL-AD(2007), point 131 (hereafter Venice
Commission (2007)); OECD DAC handbook on security system reform: supporting security and
justice; United Kingdom, Intelligence Security Committee, annual report 2001–2002, p. 46. See also
The former Yugoslav Republic of Macedonia (reply).
On executive control of intelligence services, see Croatia (footnote 2), art. 15; United Kingdom,
Security Services Act, sects. 2(1), 4(1); Argentina (footnote 2), art. 14; Netherlands, Intelligence and
Security Services Act, art. 20(2); Sierra Leone (footnote 14), art. 24; Bulgaria (footnote 15), art. 131;
Azerbaijan, Law on Intelligence and Counter-Intelligence Activities, art. 22.2.
For legislation on parliamentary oversight of intelligence services, see Albania, Law on National
Intelligence Service, art. 7; Brazil (footnote 2), art. 6; Romania (footnote 2), art. 1; Ecuador (footnote
14), art. 24; Botswana, Intelligence and Security Act, sect. 38; Croatia (footnote2), art. 104;
Switzerland (footnote 5), art. 25, Loi sur l’Assemblée fédérale, art. 53(2); Germany (footnote 17), art.
45d; Bulgaria (footnote 15), art. 132; The former Yugoslav Republic of Macedonia (reply). See also
Morocco, IER Report, p. 11. In Latvia, the National Security Committee of the parliament (Saeima) is
responsible for parliamentary oversight of the intelligence service (reply); Georgia, Law on
Intelligence Activity, art. 16.
For specialized intelligence oversight bodies, see Norway, Act on Monitoring of Intelligence,
Surveillance and Security Services, art. 1; Canada (footnote 6), sects. 34–40; Netherlands (footnote
GE.10-13410
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