Australia off track to implement anti-torture protocols by international deadline
Australia faces a looming international deadline to fully implement the UN’s anti-torture protocol – by the end of January 2022 – but no state, territory or Commonwealth government except for Western Australia is on track to meet this deadline.
The Optional Protocol to the Convention Against Torture (OPCAT) requires every state and territory to have designated a ‘National Preventive Mechanism’ to carry out inspections and oversight of police and prison cells (as well as other places of detention) to protect against torture, mistreatment, abuse and systemic failings. To date, only Western Australia has fully implemented its mechanism.
The Change the Record Coalition, and founding member the Human Rights Law Centre, have written to state, territory and Commonwealth governments requesting clarity on their plans and ability to meet the deadline. They have received no confirmation for how this deadline will be met.
Cheryl Axleby, Change the Record Co-Chair:
“We have been calling on governments for the last three decades to take the deaths, mistreatment and abuse of our people in custody seriously. Implementing OPCAT to ensure there is true independent oversight and accountability of police and prisons is a critical step to end the discriminatory laws, policies and practices that see our people die behind bars.
“This year marks thirty years since the Royal Commission into Aboriginal Deaths in Custody, the most recent Closing the Gap report shows that governments are still failing to end the mass incarceration of our people, and to date there is no evidence that Australia is on track to meet the international law deadline to implement OPCAT in full. If governments are serious about Closing the Gap, and if – as they say – our lives matter, then they must take urgent action to implement OPCAT and end the discriminatory practices that drive our people behind bars.”
Meena Singh, Human Rights Law Centre Legal Director:
“Time is long overdue for greater oversight and transparency of all places of detention. Abuse thrives behind closed doors. It is vital that governments across Australia implement the UN’s anti-torture protocol – OPCAT – as a matter of priority and in advance of the upcoming January 2022 deadline.
“It is unacceptable that such little progress has been made in establishing and resourcing independent monitoring and oversight of places of detention across the country.
“We must shine a light on human rights abuses in prisons and police cells so we can end the use of cruel and degrading practices – like routine strip searching and solitary confinement – once and for all.”
Background:
The deadline to implement the United Nations’ anti-torture protocol – OPCAT – is rapidly approaching. In January 2022, Australia faces an international deadline to have designated National Preventive Mechanisms (NPMs) in each state and territory.
To date, the Commonwealth Government has not given a clear public indication of how it will meet this deadline to ensure that the rights of all people in places of detention across the country are treated in accordance with OPCAT, and have their human rights protected. Nor has any state or territory, with the exception of Western Australia, nominated and fully implemented their National Preventive Mechanism.
The Australian Human Rights Commission, the Subcommittee on Prevention of Torture and civil society have made it clear that the Commonwealth Government should implement OPCAT through federal legislation to bring Australia in line with the international community. Every state and territory has responsibility within its jurisdiction to nominate, and legislate to enact, an NPM to oversee police and prison cells, police vehicles, youth justice facilities and other closed institutions within their state or territory.
Media contact:
Evan Schuurman, Human Rights Law Centre: evan.schuurman@hrlc.org.au, 0406 117 937
Sophie Trevitt, Change the Record: sophie@changetherecord.org.au, 0431 843 095