UNCAT through the SIDS Lens

On 28 February, the Convention against Torture Initiative (CTI) and its Core States – namely Chile, Denmark, Fiji, Ghana, Indonesia and Morocco – organized a side-event on the margins of the 52nd session of the Human Rights Council. Attended by over 60 participants, the event focused on Small Island Developing States’ (SIDS) experiences with the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).

CTI’s event aimed to provide a platform for States and stakeholders to discuss the contextualized experiences that Small Island Developing States have had in the ratification and implementation of UNCAT. 10 of the 19 States that have ratified UNCAT since 2014 (CTI’s establishment) are SIDS. SIDS also represent more than half of the States that have not ratified UNCAT.

(…) understanding the realities of SIDS is crucial in reaching CTI’s overarching goal of universal ratification and improved implementation of UNCAT.

H.E Ambassador Emmanuel Antwi, Permanent Representative of Ghana to the UN in Geneva

Following opening remarks by H.E. Ambassador Emmanuel Antwi, Permanent Representative of Ghana in Geneva, high-level remarks were delivered by H.E. Abdulla Shahid, Minister for Foreign Affairs of Maldives and the Rt Hon Patricia Scotland KC, Secretary-General of the Commonwealth. Moderated by Ms. Gayethri Pillay, Head of CTI Secretariat, the event welcomed four panelists, namely H.E. Ambassador Tomás Pascual Ricke, Director of Human Rights at the Ministry of Foreign Affairs of Chile, H.E. Ambassador Sumbue Antas, Permanent Representative of Vanuatu to the UN in Geneva, H.E. Ambassador Colin Murdoch, Permanent Observer of the Organization of Eastern Caribbean States (OECS) to the UN in Geneva, and Ms. Mona M’Bikay, Executive Director at UPR Info.

The Rt Hon Patricia Scotland KC highlighted the Commonwealth’s commitment to condemning torture and other ill-treatment, reiterating support to SIDS seeking to ratify and implement UNCAT. She elaborated on the disruptive impact of sidelining human rights, abusing power, and disrespecting human dignity.

Existence of trauma can incubate the kind of anxiety and fear that can result in the oppression of entire communities. (…) Torture in any form cannot be tolerated under any circumstances.

Rt Hon Patricia Scotland KC, Secretary-General of the Commonwealth
H.E. Ambassador Emmanuel Antwi, Permanent Representative of Ghana in Geneva, the Rt Hon Patricia Scotland KC, Secretary-General of the Commonwealth and H.E. Abdulla Shahid, Minister for Foreign Affairs of Maldives

The panelists highlighted positive State experiences, demonstrating that implementing UNCAT leads to strengthened national institutions and law enforcement mechanisms. H.E. Abdulla Shahid referred to the significant progress in respect of the rights of persons deprived of liberty since the Maldives ratified UNCAT in 2004. H.E. Ambassador Sumbue Antas shared that joining UNCAT had a transformative role in Vanuatu by encouraging prison reform and improving the human rights situation in places of detention. H.E. Ambassador Tomás Pascual Ricke of Chile noted that “[joining UNCAT] played a significant role in [Chile’s] transition to democracy… It signalled a resounding commitment to move away from years of military rule and human rights violations, including the right to be free from torture”. Such remarks offered an inspiring example of how UNCAT can help States and communities rebuild and strengthen institutional frameworks and mechanisms.

The panelists also touched on the constraints that SIDS face, including challenges arising from the limited resources available for the ratification and reporting processes, as well as obstacles in designing and implementing reforms.

The impact of climate change on conditions of detention was also addressed by panelists. H.E. Antas noted that climate change poses an existential threat to SIDS, and that in relation to UNCAT implementation, it has a detrimental impact on living conditions in places of detention. H.E. Ambassador Colin Murdoch also explained that the challenges emanating from the threat of extreme weather events caused by climate change are a priority to OECS members.

Ms. Gayethri Pillay, Head of CTI Secretariat, H.E. Ambassador Tomás Pascual Ricke, Director of Human Rights at the Ministry of Foreign Affairs of Chile, H.E. Ambassador Sumbue Antas, Permanent Representative of Vanuatu to the UN in Geneva, H.E. Ambassador Colin Murdoch, Permanent Observer of the Organization of Eastern Caribbean States to the UN in Geneva, and Ms. Mona M’Bikay, Executive Director at UPR Info

Discussing the important role of the Universal Periodic Review in the ratification and implementation of UNCAT, Ms. Mona M’Bikay pointed out that torture is the fourth issue most raised by States during the UPR. She highlighted that many SIDS joined the Convention following UPR recommendations, including the Bahamas, Comoros, Fiji, Kiribati, and the Marshall Islands. She also noted that SIDS that have recently ratified UNCAT, including the Bahamas, Comoros and Fiji, build on their experiences by recommending other States to join the Convention.

Panelists provided encouragement for SIDS to join the Convention by expanding upon opportunities arising from UNCAT ratification. Both Ambassador Antas and Murdoch noted that despite the challenges relating to UNCAT ratification and implementation, newly ratifying SIDS can count on new opportunities and partnerships upon ratification. H.E. Antas referred to support by OHCHR, the Convention against Torture Initiative and donors as instrumental in addressing obstacles related to UNCAT implementation in Vanuatu. Ambassador Murdoch also referred to ongoing support by CTI to OECS member States.

As an initiative by States, for States, CTI hopes that this dialogue will inspire and support States on their pathways toward safer and torture-free communities. For States interested in how CTI can support their efforts towards ratification and/or implementation of UNCAT, please contact info@cti2024.org.

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