Australian Civil Society Leads The Way

Amazing. Unbelievable. Superb. Terrific. Remarkable. Awesome. Lovely. Incredible. Ace. Outstanding. Peerless. Cracking. Astounding. Top-notch. Number 1. Excellent. Tip-top. Wizard. Out-of-sight. Regal. Knock-out … What does it spell? The Australia OPCAT Network of course.

Why does the Canada OPCAT Project think so highly of the work of this fabulous collective of individuals and institutions? Look no further than below, readers.

In preparation of visits to Australia by the UN Subcommittee Committee on Prevention of Torture and the UN Working Group on Arbitrary Detention in the coming months, Australian civil society has painted a detailed picture of how the OPCAT is being implemented in the country, warts and all.

The Australia OPCAT Network, a grouping of a score or two of some of the country’s top human rights activists, academics and detention monitors, has done so through the publication on 31 January 2020 of the document, The Implementation of OPCAT in Australia. The document will no doubt prove to be a highly useful tool for the UN bodies on the cusp of visiting Australia. Readers are invited to download the document at the bottom of this page.

In short, the Australia OPCAT Network unquestionably represents a leading, best practice model of how civil society is industriously and strategically working together to ensure the effective institution of an NPM in the country. Canadian and other human rights actors could do much worse than take a leaf or two from out of the ‘NPM Strategy Manual’ of this highly impressive third-sector collective.

It is certainly not by accident that Australia has featured in these Canada OPCAT Project pages multiple times over the past year as a leading example of a country where civil society is striving to implement the OPCAT effectively. Please see the following posts for example: 1, 2, 3, 4, 5, and 6.

Australia – Marko Mikkonen (2013).

Yet the process of implementing the OPCAT in Australia, while with many merits, is not entirely unproblematic, as the new Australia OPCAT Network publication correctly highlights. Chapter 1 of the document identifies some of the current challenges, presenting a raft of some ten highly detailed recommendations (see page 32).

Overall, the report focuses on vitally important matters such as the even implementation of an NPM across multiple federal and state jurisdictions, the effectiveness of existing oversight bodies, the full coverage of Australia’s OPCAT commitments as defined by OPCAT Article 4, and the need for the government’s full and open engagement and cooperation with civil society.

The other chapters in the publication focus on different deprivation of liberty settings, including: Australia’s highly controversial immigration detention estate; detention of persons with disability; prisons, youth justice and police custody; and aged care settings. As the Executive Summary of the report observes:

At the same time, traditional places of detention continue to raise significant challenges. Prisons and other justice facilities experience overcrowding, inadequate services and conditions, and overuse of seclusion, together with the pressure of increasingly complex inmate populations.

Uniquely, the document (in chapter 6) also focuses on the perspective of Indigenous persons in different detention settings in Australia. As reported by Canada’s Office of the Correctional Investigator just last month, Australia also suffers from scandalously high levels of ‘Indigenization’ of its prison population as well as in other institutions.

This chapter superbly also complements the excellent recent in-depth research of Churchill Fellow Andreea Lachsz into this reality and the need for effective oversight, a work soon to be featured in these pages.

In sum, the Australia OPCAT Network deserves every one of the effusive adjectives packed into the opening paragraph of this article for this outstanding as well as unquestionably extremely useful contribution. For those of us hoping for a similarly positive OPCAT outcome in Canada, the Network offers much-needed and welcome inspiration.


Read Andreea Lachsz’s Churchill Fellowship to Investigate Overseas Practices of Monitoring places of Detention.

Explore other related articles in the Australian Journal of Human Rights OPCAT Special edition.