Australia has joined Rwanda as the only countries to have had visits cancelled by the UN’s torture prevention body, with Australia’s Human Rights Commissioner calling it a “disappointing” decision triggered by lack of cooperation from two states.
The New South Wales government has brushed off the controversy, blaming the federal government for failing to provide funding to help compliance with the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Opcat).
In October the UN subcommittee on prevention of torture (SPT) ended its visit to Australia’s detention facilities after New South Wales and Queensland blocked access to some facilities. In a statement on Monday, the subcommittee announced it had sought assurances in an attempt to resume the visit, but had decided instead to terminate it.
“Some of the requested guarantees were not provided, and the subcommittee could not ascertain that it would be able to resume its visit in a reasonable timeframe,” it explained.
The chair of the SPT, Suzanne Jabbour, said that “despite the good cooperation the subcommittee has with the Australian federal authorities following our initial mission, there is no alternative but to terminate the visit as the issue of unrestricted access to all places of deprivation of liberty in two states has not yet been resolved”.
The attorney general, Mark Dreyfus, and the Australian Human Rights Commission both lamented the decision, with the latter conceding Australia has “failed to deliver on our treaty promises” which “reflects poorly” on the nation.
In December 2017, Australia ratified the Opcat, which is designed to protect the rights, health and safety of people in any kind of detention including in prisons, youth detention centres, immigration detention, hospital, aged care and disability facilities.
The Australian Human Rights Commission said it was an “extraordinary step” to terminate the visit.
Australia’s Human Rights Commissioner, Lorraine Finlay, said: “This decision by the UN subcommittee is disappointing but not undeserved. Australia has had years to meet our Opcat obligations, but we have failed to deliver on our treaty promises.”
“Australian governments must take this as a wake-up call and urgently prioritise implementation of their responsibilities under Opcat to implement systems of oversight for all places of detention.”
The AHRC president, Rosalind Croucher, said “this decision by the UN SPT reflects poorly on our country’s commitment to protecting the human rights of people in detention and is detrimental to Australia’s international standing”.
It noted the decision came one month after Australia missed its extended deadline of 20 January to implement Opcat and brings Australia a step closer to being placed on the UN’s Opcat non-compliance list.
“This outcome could severely damage Australia’s reputation as a leading advocate for a rules-based international system,” Croucher said.
Human Rights Watch’s Australia researcher, Sophie McNeill, said the termination “is shameful” and that “failing to cooperate with UN experts in providing unrestricted access to sites of detention sets a terrible example to other governments in this region who don’t need more excuses to defy the UN”.
On Tuesday the NSW corrections minister, Geoff Lee, defended the state’s prisons.
Lee said the NSW government was “not opposed, in principle” to the facilities being inspected but had concerns about “ongoing operational, security and funding issues” which had not been resolved with the federal government.
“These issues have been raised with the commonwealth on a number of occasions, including in 2020 and again in recent months.
“We will continue to engage with the commonwealth on these unresolved issues.”
A spokesperson for Dreyfus said the government “deeply regrets the decision by the subcommittee on prevention of torture to terminate the visit”.
“This is despite the fact that the SPT carried out successful visits to places of detention across almost all jurisdictions in Australia, and the progress made by Australia in addressing the concerns raised by the SPT,” the spokesperson said.
The federal government had “been engaging cooperatively and in good faith with the SPT and with all states and territories to work towards a possible resumption of the visit”.
“This disappointing decision does not reflect the Australian government’s commitment to protecting and promoting human rights and does not change our commitment to implementing Australia’s Opcat obligations and to facilitating future visits from the SPT.”
The Greens justice spokesperson, David Shoebridge, noted that as recently as Senate Estimates last week, the federal attorney general’s department did not believe the UN was likely to terminate the visit.
The SPT said it will produce a report based on its October visit as soon as possible and maintain communication with the Australian government.
