On 16 May 2008, the Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment issued its Concluding Observations on Australia.
The Concluding Observations included 27 recommendations concerning Australia’s compliance with its obligations under the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.
The Australian Government has called for submissions from NGOs on the Concluding Observations and for suggestions as to what follow-up action might be taken.
On 1 September 2008, the Human Rights Law Resource Centre made a submission to Government regarding domestic implementation of the Committee’s Concluding Observations in the following areas of Australian law, policy and practice:
- domestic incorporation of CAT obligations;
- immigration and asylum-seeker law, policy and practice;
- refoulement, extradition and expulsion;
- Indigenous Australians;
- prisoners and conditions of detention, including in particular the lack of access to adequate health care;
- counter-terrorism laws and practice; and
- the use of evidence obtained under torture or pursuant to other cruel, inhuman or degrading treatment or punishment.
In addition to considering these specific areas, the Centre’s submission also noted that, while international scrutiny and accountability are important aspects of the promotion and protection of human rights, there are no formal domestic mechanisms to independently monitor and report on the implementation of the Concluding Observations of UN treaty bodies, including the Committee against Torture. Further, in the case of Individual Communications, the Committee’s views are not enforceable or justiciable under Australian law and no effective domestic mechanisms have been established to ensure and monitor implementation of and compliance with Views.
Having regard to this, the Centre’s overarching recommendation was:
That the Australian Government give positive consideration to:
- developing mechanisms at a domestic level, such as the establishment of a Joint Parliamentary Committee on Human Rights, to monitor and report on the implementation of the Concluding Observations of UN treaty bodies and the Recommendations of the Special Procedures of the UN Human Rights Council; and
- establishing effective domestic mechanisms, including judicial mechanisms, to ensure and monitor implementation of and compliance with Views of the Committee against Torture on Individual Communications, together with Views of other UN treaty bodies on such communications.
