On Monday 19 September 2022, the Convention against Torture Initiative (CTI) organised a briefing to delegates of the LDCs/SIDS Trust Fund who are in Geneva to attend the 51^st session of the Human Rights Council, taking place from 12 September to 7 October.

Gathering 13 delegates (from Afghanistan, Bangladesh, Bhutan, Burundi, Chad, Malawi, Marshall Islands, Nepal, Papua New Guinea, Saint Vincent and the Grenadines, Sierra Leone, Suriname and Tanzania), the briefing session raised awareness on CTI’s work to support States as they ratify and implement the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).

The discussions provided a valuable opportunity to exchange on existing good State practices to prevent and prohibit torture and ill-treatment, as well as to learn from the specific challenges faced by Small Island Developing States (SIDS) and Least Developed Countries (LDCs) and ways to overcome them. States’ experiences shared during the briefing also highlighted how UNCAT ratification has supported the strengthening of the rule of law and increased compliance with human rights standards through the adoption of anti-torture legislative frameworks and policies.

Some concrete good State practices shared included: passing of enabling legislation to provide for an offence of torture in national law in line with UNCAT; creating a multi-sectorial committee tasked with implementing the Convention; operationalising the right of access to a lawyer promptly after arrest; setting up complaints mechanisms; and ensuring that torture-tainted evidence is excluded from all proceedings.

The participants also shared obstacles and identified areas where capacity-building and technical assistance was needed. In particular, delegates identified the areas of legislative review and reform and training for law enforcement officials. Challenges in complying with UNCAT’s reporting obligations were also highlighted by the participants.

The CTI Secretariat emphasized its availability to provide support and advice tailored to each State’s specific needs and domestic context, notably on anti-torture legislative review and reform and capacity-building for law enforcement officials on the prevention of torture. CTI highlighted materials already available for States, including its Implementation tools and Police Resource Toolkit.

Further, the briefing featured the UNCAT ratification and implementation experiences of the CTI Core State of Indonesia alongside those of the CTI State Friends of The Bahamas.

The Bahamas decided to proceed to its ratification after participating in a regional seminar organized by CTI in April 2017.  A key deciding factor of The Bahamas joining the UN Convention against Torture is that there was no pre-condition for ratification. Our Constitution and Laws already prohibited torture and other forms of ill-treatment. The drafting process of our initial report to the Committee against Torture also gives us the opportunity to consider further the necessary reforms to be fully compliant with the Convention against Torture.  For The Bahamas, all of this is to help make a better Bahamas and create a society where human rights, human dignity and fundamental freedoms are respected.

Sasha Dixon, Second Secretary, Permanent Mission of The Commonwealth of the Bahamas to the UNOG in Geneva

As 15 of the 22 States that have not yet ratified UNCAT and 16 of the 19 States that ratified UNCAT since the launch of CTI in March 2014 are Small Island Developing States (SIDS) or Least Developed Countries (LDCs), the Convention against Torture Initiative works closely with LDCs/SIDS in the context of UNCAT ratification and implementation.

The majority of States that recently joined UNCAT and that have yet to ratify the convention are LDCs/SIDS. In that context, CTI is delighted to engage with LDCs/SIDS Trust Fund Delegates and encourage State to State experience sharing on UNCAT ratification and implementation. The Convention against Torture Initiative stands ready to provide tailored support for States in the fields of legal reviews and reforms, capacity building, and reporting.

Gayethri Pillay, Head of CTI Secretariat

For States interested in how the CTI can support their efforts towards ratification and/or implementation of UNCAT, please contact info@cti2024.org.

The experiences of some of the States parties to UNCAT are available here.