The Australian Human Rights Commission (AHRC) is calling on Australian, State and Territory Governments to take urgent action to prevent torture and other forms of mistreatment as a United Nation’s deadline looms.
Releasing the AHRC’s Road Map to OPCAT Compliance, Human Rights Commissioner Lorraine Finlay said the United Nation’s Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) was designed to protect the rights of people detained in places like prisons, juvenile detention centres, immigration detention centres, hospitals, mental health facilities, aged care facilities and facilities for people with disability.
“Despite ratifying OPCAT nearly half a decade ago, the subsequent delays to implementation in Australia – at the Federal, State and Territory levels – have been disappointing,” Commissioner Finlay said.
“The progress has been too slow and immediate action is needed to fast-track implementation to ensure Australia complies with the 20 January 2023 deadline,” she said.
“Meeting our OPCAT obligations is important not only to ensure basic human rights are protected, but also for the broader signal it sends about Australia’s commitment to a rules-based international system.”
Commissioner Finlay said the AHRC had long advocated for full compliance with OPCAT, “merely adjusting the current processes for detention inspections is not enough”.
She said the changes required by OPCAT should be pursued in a way that promoted stronger and more consistent human rights protections for people who were detained across all jurisdictions.
“The Road Map to OPCAT Compliance report contains key information and principles as well as five recommendations to help guide the implementation process over the next few months,” the Commissioner said.
“A copy of the report has been sent to the UN Subcommittee on the Prevention of Torture (UN SPT) as well as individuals, Agencies, Departments and organisations in Australia which are involved with the OPCAT implementation process.”
Commissioner Finlay said the release of the Report coincided with the UN SPT delegation’s visit to Australia (16 – 27 October).
She said the delegation would provide advice and assistance to help all relevant Australian jurisdictions comply with the OPCAT obligations.
“During the visit, the UN SPT may carry out unannounced visits to detention facilities and conduct private interviews with people deprived of their liberty,” Commissioner Finlay said.
The AHRC’s 37-page Roadmap can be accessed at this PS News link.
