UNCAT Briefing Paper
A roadmap for domestic implementation of the UNCAT might include the following steps for
each responsible government department and/or executive agency:
•
The adoption of regulations, codes of practice, or policies to guide operational
practices and bring about positive behavioural change;
•
Institutional reform is also recommended to allow for independent and effective
investigations, robust chains of responsibility, or visits by experts who can work with
national authorities to reduce the risks of abuse;
•
Capacity building and training are critical tools to change cultural barriers and
educate operational officials; and
•
Various further steps might be contemplated to react to unique national challenges.
4.3.
Mainstreaming Training for key State actors
Raising awareness of the UNCAT among all relevant actors from multiple government
departments is a significant challenge to new States parties, but one which may be overcome
with the assistance and support of States, institutional partners and other actors.
Staff in key sectors, such as police and corrections officers, should be introduced to the
Convention and its obligations at an early opportunity. Training should be mainstreamed so
that all new staff are given training in full compliance with international standards and
existing staff are re-trained in areas of inconsistent practice.
4.4.
Preparing an effective Initial Report
All States parties to the UNCAT must submit periodic reports to the Committee against
Torture (CAT). When a State party is reviewed by the CAT, the State must describe how it has
implemented the obligations of the Convention and the Committee will make
recommendations for further necessary reforms to enable better implementation.
The perceived burden of reporting is often cited as one of the reasons that States do not
ratify the UN Convention against Torture. Though the reporting process to the Committee
against Torture does take time, it is an essential part of implementing the Convention.
Reporting gives States an incentive to reflect on the steps taken to ensure national operation
of the rights afforded by the Convention, and through a cooperative dialogue with the
Committee, provides specific and practical advice to enable more effective implementation.
Pursuant to article 19 of the Convention, States parties must provide an initial report to the
Committee against Torture within one year of ratification. Periodic reports are due every four
years after the initial review.
The process of reporting has undergone some significant changes in the last few years to
make the process more streamlined and less of a burden for States. However, the Initial
Report to the CAT should be comprehensive, in order for the Committee to fully appreciate
the challenges and obstacles to implementation in the State. After submission of the State
report, the CAT will schedule a review as a priority in the next session of the Committee. The
national report will be examined in detail with the State delegation during an interactive
dialogue with the CAT. The CAT will then adopt concluding observations and
recommendations, some of which should be followed up with the State Party within a year.
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