Federal Government Will Ratify Optional Protocol to the Convention against Torture
Monday 13 February 2017 @ 10.40 a.m. | Legal Research
Attorney-General Brandis has announced that the Australian Government will be ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“OPCAT”). In a speech given at the DFAT-NGO Forum on Human Rights in Canberra on Thursday 9 February, Mr Brandis announced that the Government intends to ratify OPCAT by December 2017. In his speech, Mr Brandis acknowledged Australia’s long history as a founding member of the United Nations, and noted it was “one of only eight nations involved in drafting of the Universal Declaration on Human Rights.” He concluded:
“Torture and other forms of mistreatment have no place in Australia. The Government’s decision announced today recognises the prevention of torture and mistreatment must be an ongoing endeavour. Today the Turnbull Government reaffirms its strong commitment to that endeavour.”
The Government’s decision to ratify the protocol means that Australia will be required to develop a system for independent oversight and monitoring of places such as prisons and immigration detention centres. A joint media release issued by Attorney-General Brandis and Minister for Foreign Affairs Julie Bishop, says:
“Under OPCAT, places like Australia’s prisons, and juvenile and immigration detention facilities will be independently monitored by a network of Australian inspectorates.
Australia will also welcome periodic visits by the United Nations Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Government respects the role each state and territory plays in managing detention facilities, and will work with them to ratify the OPCAT.
Following ratification, the Australian Government will fund the Office of the Commonwealth Ombudsman to coordinate the network of Australian inspectorates.”
Human rights organisations have welcomed the announcement. Human Rights Commissioner Ed Santow told ABC News it was ‘a good day for human rights in Australia’:
"When a person is detained in prison, a mental health facility, anywhere, they remain human… Protecting their basic dignity is just as important as it was before their detention. We should do it because it is right — protecting a detainee's basic rights is in all of our interest. If a person is brutalised in detention they will be more dangerous on their eventual release."
The executive director of the Human Rights Law Centre, Hugh de Kretser, told The Guardian Australia:
“From the mistreatment of children at Don Dale to the death of Ms Dhu in police custody, we’ve seen how things can go tragically wrong… This treaty is all about preventing mistreatment through independent inspection and monitoring. Implemented properly, it will promote safe, well-managed places of detention. It will reduce mistreatment and risks of deaths in custody.”
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