A/HRC/14/46 unhindered access to all relevant information, investigative powers to summon witnesses and to receive testimony under oath,49 the power to determine their own procedures in relation to any proceedings, and the capacity to issue binding orders.50 D. Impartiality and non-discrimination Practice 11. Intelligence services carry out their work in a manner that contributes to the promotion and protection of the human rights and fundamental freedoms of all individuals under the jurisdiction of the State. Intelligence services do not discriminate against individuals or groups on the grounds of their sex, race, colour, language, religion, political or other opinion, national or social origin, or other status. 18. Intelligence services are an integral part of the State apparatus that contributes to safeguarding the human rights of all individuals under the jurisdiction of the State. They are bound by the well-established principle of international human rights law of nondiscrimination. This principle requires States to respect the rights and freedoms of individuals without discrimination on any prohibited ground.51 Many States have enshrined the principle in national law, requiring their intelligence services to fulfil their mandates in a manner that serves the interests of the State and society as a whole. Intelligence services are explicitly prohibited from acting or being used to further the interests of any ethnic, religious, political or other group.52 In addition, States ensure that the activities of their intelligence services (in particular in the context of counter-terrorism) are undertaken on the basis of individuals’ behaviour, and not on the basis of their ethnicity, religion or other such criteria.53 Some States have also explicitly proscribed their intelligence services from establishing files on individuals on this basis.54 Practice 12. National law prohibits intelligence services from engaging in any political activities or from acting to promote or protect the interests of any particular political, religious, linguistic, ethnic, social or economic group. 19. Intelligence services are endowed with powers that have the potential to promote or damage the interest of particular political groups. In order to ensure that intelligence services remain politically neutral, national laws prohibit intelligence services from acting in the interest of any political group.55 This obligation is not only incumbent upon the intelligence services but also upon the political executives whom they serve. A number of States have also passed measures to prohibit or limit intelligence services’ involvement in party politics. Examples of these measures include prohibitions on employees of intelligence services being members of political parties; accepting instructions or money from a political party; 56 or from acting to further the interests of any political 49 50 51 52 53 54 55 56 12 Kenya (footnote 16), art. 26; Sierra Leone (footnote 14), art. 27. United Kingdom (footnote 47), art. 68. International Covenant on Civil and Political Rights, art. 26; American Convention on Human Rights, art. 1; Arab Charter on Human Rights, art. 3.1. For case law by the Human Rights Committee see, in particular, Ibrahima Gueye et al. v. France (communication No. 196/1985) and Nicholas Toonen v. Australia (communication 488/1992). Ottawa Principles on Anti-Terrorism and Human Rights, art. 1.1.3. Australia (footnote 3), sect. 17A; Ecuador (footnote 14), art. 22; Canada, Macdonald Commission, p. 518. Argentina (footnote 2), art. 4. Australia (footnote 3), sect. 11, (2A); Sierra Leone (footnote 14), art. 13 (d); Romania (footnote 2), art. 36. Bosnia and Herzegovina (footnote 6), art. 45; Albania (footnote 21), art. 11; Kenya (footnote 16), art. GE.10-13410