After being refused full access to facilities in New South Wales and Queensland, the United Nations postponed a mission to assess locations where Australians are being held.
Since its Subcommittee on the Prevention of Torture (SPT) was prohibited from seeing many locations where people were incarcerated, including jails, the UN said last year that it was postponing its visit to Australia.
Late this year, Queensland passed new legislation allowing UN inspectors access to inpatient mental health facilities, which Queensland claimed was previously prohibited due to patient privacy issues.
Notwithstanding this, the SPT claimed it could not be sure it could resume visits in “reasonable timescale” because the assurances it requested in both states were not granted.
Rwanda is the only other nation whose inspections were terminated except Australia.
Unlimited access to all locations of deprivation of liberty in two states has yet to be resolved, despite the Subcommittee’s good collaboration with the Australian federal authorities following our original mission, according to Suzanne Jabbour, the SPT’s freshly re-elected chairperson.
“However, a report based on what the SPT saw during its inspection in October before the suspension will be provided to the state party as soon as is practical. That will make it possible to keep in touch with the Australian government.”
When Australia adopted Optional Protocol to Convention against Torture, Cruel, Inhuman or Degrading Treatment or Punishment in 2017, one of the conditions it accepted was allowing the visits.
The purpose of OPCAT is to safeguard the rights, health, and welfare of anyone who finds themselves in a detention situation, including those who are housed in jails, juvenile detention facilities, immigration detention facilities, hospitals, mental health facilities, assisted living facilities, and facilities for people with disabilities.
According to Australia’s Human Rights Commissioner Lorraine Finlay, the cancellation of visit was “neither unexpected nor unwarranted” because Australia had violated its OPCAT responsibilities.
The UN stopping the visit, she said, “is incredibly upsetting.”
“We haven’t treated this treaty with the urgency it requires,” said the speaker.
In addition to missing a deadline in January to have monitoring mechanisms in place as part of OPCAT, Ms Finlay claimed the cancellation of the visit demonstrated Australia’s lack of commitment to its duties.
According to OPCAT, Australia has received two strikes in the most recent months, she said.
That certainly hurts our reputation. Australia aspires to lead the world in promoting human rights, but it’s tough to assume that role when we aren’t upholding our international obligations.”
A representative for federal Attorney General Mark Dreyfus expressed their sincere remorse for the SPT’s choice.
The spokesman stated that, except in New South Wales and Queensland, the SPT had successfully visited places of detention in every Australian jurisdiction. In addition, the SPT implemented several modifications in response to the issues presented.
The statement said the Australian government has been cooperating, and in good faith, with the SPT and with all states and territories to work towards a potential restart of the tour since the SPT paused its visit in October 2022.
This sad decision does not represent the Australian government’s commitment to upholding and advancing human rights. Our determination remains to carry out Australia’s OPCAT duties and makes it easier for the SPT to visit.
According to a spokesperson for Attorney-General Mark Speakman, the government of New South Wales, they had “consistently signalled” that it backed OPCAT but desired a commitment from the federal government for further resources to implement it.
“Participants agreed to give costings to the Commonwealth on anticipated financing required to build up a fully operational National Preventative Mechanism (NPM),” he said, quoting the communique from the Standing Council of Attorneys-General meeting in December 2022.
“New South Wales has complied and is awaiting consideration and financing clearance from the Commonwealth.”
A bill that would enable the government to fulfil its OPCAT commitments is currently before parliament, according to a spokesperson for Queensland Attorney-General Shannon Fentiman.
By the end of this week, a parliamentary committee looking at the bill is expected to report.
The spokeswoman stated that if the measure is approved, it will eliminate the legal restrictions that prevented the Subcommittee from physically visiting the Forensic Disability Service and authorized mental health facilities during its visit to Australia last year.
