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National Human Rights Institutions and Oversight of the Security Services

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2018
Authors
Glušac, Luka
Article (Published version)
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Abstract
In the last twenty years, independent national institutions mandated to protect and promote human rights (NHRIs) have changed the global human rights architecture, positioning themselves as indispensable interlocutors when discussing states’ human rights records. Nevertheless, despite having a broad mandate, comparative experiences have shown that NHRIs rarely exploit the possibility to oversee the security sector. Academic literature on NHRIs also provides little information on their role in oversight of the security sector in general, let alone the security services. That is surprising, considering that actions of the security services may interfere with human rights in unparalleled way, as they are authorized to use special measures to penetrate deep into the private lives of citizens. This article seeks to contribute to the mainstreaming of the role of NHRIs in security services oversight by further exploring their unique mandate, added value and comparative advantages. It shows th...at the specific nature of the NHRI makes this institution well placed to make a substantial contribution to effective protection of the rights and freedoms of citizens affected by activities of the security services. We start with positioning NHRIs in the security sector and defining their general role in it. We then offer a comparative overview of powers and practices of NHRIs and lay down preconditions for NHRIs’ effective actorness in security sector oversight. We then move to a case study of the Serbian Ombudsman, as a practical exemplar of the role of NHRIs in security services oversight. We conclude with an overview of the results, their practical implications and the avenues for further research.

Keywords:
intelligence / national human rights institution (NHRI) / oversight / Protector of Citizens (Ombudsman) / security sector / Serbia
Source:
Journal of Human Rights Practice, 2018, 10, 1, 58-82
Publisher:
  • Oxford University Press

DOI: 10.1093/jhuman/huy002

ISSN: 1757-9627

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URI
http://rifdt.instifdt.bg.ac.rs/123456789/2216
Collections
  • Radovi istraživača
Institution/Community
IFDT
TY  - JOUR
AU  - Glušac, Luka
PY  - 2018
UR  - http://rifdt.instifdt.bg.ac.rs/123456789/2216
AB  - In the last twenty years, independent national institutions mandated to protect and promote human rights (NHRIs) have changed the global human rights architecture, positioning themselves as indispensable interlocutors when discussing states’ human rights records. Nevertheless, despite having a broad mandate, comparative experiences have shown that NHRIs rarely exploit the possibility to oversee the security sector. Academic literature on NHRIs also provides little information on their role in oversight of the security sector in general, let alone the security services. That is surprising, considering that actions of the security services may interfere with human rights in unparalleled way, as they are authorized to use special measures to penetrate deep into the private lives of citizens. This article seeks to contribute to the mainstreaming of the role of NHRIs in security services oversight by further exploring their unique mandate, added value and comparative advantages. It shows that the specific nature of the NHRI makes this institution well placed to make a substantial contribution to effective protection of the rights and freedoms of citizens affected by activities of the security services. We start with positioning NHRIs in the security sector and defining their general role in it. We then offer a comparative overview of powers and practices of NHRIs and lay down preconditions for NHRIs’ effective actorness in security sector oversight. We then move to a case study of the Serbian 
 Ombudsman, as a practical exemplar of the role of NHRIs in security services oversight. We conclude with an overview of the results, their practical implications and the avenues for further research.
PB  - Oxford University Press
T2  - Journal of Human Rights Practice
T1  - National Human Rights Institutions and Oversight of the Security Services
IS  - 1
VL  - 10
SP  - 58
EP  - 82
DO  - 10.1093/jhuman/huy002
ER  - 
@article{
author = "Glušac, Luka",
year = "2018",
abstract = "In the last twenty years, independent national institutions mandated to protect and promote human rights (NHRIs) have changed the global human rights architecture, positioning themselves as indispensable interlocutors when discussing states’ human rights records. Nevertheless, despite having a broad mandate, comparative experiences have shown that NHRIs rarely exploit the possibility to oversee the security sector. Academic literature on NHRIs also provides little information on their role in oversight of the security sector in general, let alone the security services. That is surprising, considering that actions of the security services may interfere with human rights in unparalleled way, as they are authorized to use special measures to penetrate deep into the private lives of citizens. This article seeks to contribute to the mainstreaming of the role of NHRIs in security services oversight by further exploring their unique mandate, added value and comparative advantages. It shows that the specific nature of the NHRI makes this institution well placed to make a substantial contribution to effective protection of the rights and freedoms of citizens affected by activities of the security services. We start with positioning NHRIs in the security sector and defining their general role in it. We then offer a comparative overview of powers and practices of NHRIs and lay down preconditions for NHRIs’ effective actorness in security sector oversight. We then move to a case study of the Serbian 
 Ombudsman, as a practical exemplar of the role of NHRIs in security services oversight. We conclude with an overview of the results, their practical implications and the avenues for further research.",
publisher = "Oxford University Press",
journal = "Journal of Human Rights Practice",
title = "National Human Rights Institutions and Oversight of the Security Services",
number = "1",
volume = "10",
pages = "58-82",
doi = "10.1093/jhuman/huy002"
}
Glušac, L.. (2018). National Human Rights Institutions and Oversight of the Security Services. in Journal of Human Rights Practice
Oxford University Press., 10(1), 58-82.
https://doi.org/10.1093/jhuman/huy002
Glušac L. National Human Rights Institutions and Oversight of the Security Services. in Journal of Human Rights Practice. 2018;10(1):58-82.
doi:10.1093/jhuman/huy002 .
Glušac, Luka, "National Human Rights Institutions and Oversight of the Security Services" in Journal of Human Rights Practice, 10, no. 1 (2018):58-82,
https://doi.org/10.1093/jhuman/huy002 . .

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