UNCAT Ratification Tool
dialogue with the Committee against Torture, that laws or policies may be identified as needing
revisions to. Ratification or accession is therefore just the start of a process of incremental
implementation.
“States should see ratification as the start of a process which brings them
into compliance with obligations over time, through the mechanisms
described in the Convention”
Claudio Grossman, former chairperson of the UN Committee against
Torture6
States that wait to ratify or accede until certain steps have been taken risk missing key issues which
could have been raised through early dialogue with the Committee against Torture. This process is a
constructive dialogue, and OHCHR (or other UN agencies) and various international partners are
better able to assist States with particular national challenges to implementation after the State has
committed itself to the fulfilment of the treaty.
First Steps
In many States, the act of treaty ratification or accession is an executive act. Thus a government may
ratify or accede to the UNCAT and its Optional Protocol without parliamentary endorsement.
However, even if UNCAT and OPCAT ratification or accession can be undertaken immediately, if it is
to lead to meaningful improvements in human rights compliance, it should only be undertaken when
the implications are fully understood and when the State feels comfortable in accepting the
obligations described in each of its provisions. If ratification or accession is undertaken without
preparation, it could lead to promises being left unfulfilled.
It is therefore generally advised that ratification follows after consultations with government
departments, parliament, civil society and other stakeholders. In many small island States,
community leaders play a key role in governance, hence a full process of consultation which seeks
the consent of key stakeholders will encourage better public support and likely lead to better
understanding and fulfilment of Convention obligations.
UN experts have always been very open in discussing the opportunities and challenges associated
with treaty membership. Members of the Committee against Torture and Subcommittee on
Prevention of Torture have offered to begin discussions with States even before ratification or
accession. The Special Rapporteur on torture, whose mandate is not limited to States parties of the
treaties, has also offered to hear from interested States and share ideas on best ways to proceed.
Beginning the constructive dialogue with UN experts prior to ratification could allow key
stakeholders to initiate a deep national dialogue to understand how each obligation applies in their
unique national context.
Signature, Accession, or ratification
Following the decision to adopt the treaty, the actual physical act of signature, accession or
ratification is very straightforward. See the ‘Model Instrument of Ratification’ resource for more
information. Ratification of the UNCAT and the OPCAT follows the same procedure as all other
treaties registered with the UN, so all States have already completed the requirements when
adopting other UN treaties. Consent to be bound by the UN Convention against Torture and its
Optional Protocol may be expressed by ratification or accession.
6
CTI, First CTI Forum confirms Governments’ commitment to end torture, Press Release, Geneva 3 September 2014.
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