UNCAT Ratification Tool
For States that ratify, rather than accede to international treaties, the first stage is for a State
representative with full powers of authority to sign the treaty. After a period of time, the
representative may deposit an instrument of ratification with the UN Secretary General in New York
to complete the process. Other States accede to treaties in a single step, by depositing an instrument
of accession instead.
Signing a treaty creates a good faith expectation that the State will take steps towards full
ratification. However, it is only after a State ratifies or accedes to the treaty will it become a State
party and become subject to its obligations. The period between signing the UNCAT and ratification
may be used for decisions to be taken at the national level or for consultations with relevant
stakeholders.
Where a State cannot accept one or two provisions of the UNCAT due to inconsistent domestic
legislation or other objections, it might consider whether ratification or accession subject to
reservations is appropriate. See briefing on ‘Reservations and Declarations’ for more information.
Reservations to treaties exclude or modify the legal effect of certain provisions in their application to
that State. Reservations to the Convention should seek to be withdrawn when domestic changes
overcome the objection or bring the law in line with the international obligation.
Optional Protocol before the UNCAT?
The OPCAT provides that a State may sign or ratify the Optional Protocol at the same time as, or at
any time after, signing or ratifying the UNCAT. As with the UNCAT, its core obligations may be
undertaken at any time prior to ratification.
Chicken or egg; implementation before treaty adoption
Though the UNCAT does not require fulfilment of its obligations prior to ratification or accession,
some States prefer to take some concrete steps towards implementation before the adoption of
legal obligations. For instance, New Zealand enacted its Crimes of Torture Act 1989 to coincide with
its ratification of the UNCAT, on 10 December 1989. New Zealand later amended the law in 2007, to
coincide with its ratification of the Optional Protocol in March 2007. In this way, New Zealand was
able to demonstrate respect for obligations of the UNCAT on ratification, and move quickly to fulfil
the requirement of establishing its National Preventive Mechanism within a few months of OPCAT
ratification.
As an alternative model, Vanuatu ratified the UNCAT in August 2011, and was the first Pacific Island
State party to the Convention. Thereafter, it undertook to fulfil the rights associated with its
accession:
The Government of Vanuatu took a practical approach to accession of [the Convention], not
requiring full compliance with the provisions of the [Convention] before its accession, rightly
seeing accession as the first step in the process.7
The OHCHR has reported that membership of the UNCAT provided Vanuatu with the framework
through which their law enforcement bodies have been able to consider their internal practices, and
initiate institutional reform in line with the Convention.
7
OHCHR, Torture Prevention in the Pacific: Sharing Good Practices and Lessons Learnt (OHCHR, Dec. 2011), p.6.
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