UNCAT Ratification Tool
However, States which already demonstrate a good level of legislative compliance with international
torture prevention standards experience comparatively few costs associated with UNCAT
implementation. Equally, in States with small or few facilities where persons are detained, the
implementation of the Optional Protocol to the UNCAT is also relatively simple and low‐cost.
Other States have shown that the costs associated with implementing the UNCAT may be managed
in a way which incorporates them into existing commitments on justice sector reform or bears them
gradually over time, making full implementation of the Convention possible, even for small States.
States also note that reporting to multiple UN mechanisms, including the Committee against Torture,
is burdensome for States with limited resources. However, States may overcome this challenge by
seeking assistance from partners, including other States, OHCHR, UNDP, and civil society, who
provide technical or financial assistance in order to facilitate the process of reporting to the
Committee.
The State could also attempt to balance anticipated costs with likely benefits. For instance, in
addition to effectively preventing torture and other ill‐treatment in the jurisdiction, a number of
tangible and non‐tangible benefits are associated with UNCAT membership, such as sustainable
development and improved security, thus becoming a more attractive investment and trading
partner, which may significantly reduce the overall costs of ratification.
A number of partners, including the CTI and OHCHR, also offer assistance to States on request. For
instance, the CTI has enabled exchanges between States which celebrate good practices in UNCAT
implementation that may be replicated in a cost‐effective way. Should the State also ratify the
Optional Protocol, an OPCAT Special Fund has been established with the OHCHR to support States
parties to implement specific recommendations of the treaty body.
5. What are the priorities on UNCAT signature or ratification?
Pursuant to the international law of treaties, a signing State does not undertake positive legal
obligations under the UNCAT upon its signature. However, the signature indicates the State’s
intention to take steps to express its consent to be bound by the UNCAT at a later date. Signature
also creates an obligation, in the period between signature and ratification, to refrain in good faith
from acts that would defeat the object and purpose of the UNCAT.
On ratification, the State formally consents to be bound by its obligations. The State must take steps
to respect, protect, and fulfil the obligations of the UNCAT in good faith, and to report to the
Committee within one year on the steps it has taken.
One economic way to ensure coordination and effective implementation among various arms of State is
to establish an inter‐ministerial body to oversee implementation of the UNCAT including the submission
of reports. The body could establish sub‐groups to speed up decision‐making on particular issues as
appropriate.
Some of the most urgent first steps to be undertaken before or following UNCAT ratification include:
(1) mapping (legal, institutional and capacity gaps, etc.),
(2) planning for full implementation,
(3) mainstreaming training for national actors in key sectors, and
5