UNCAT

Canada Joins the Convention Against Torture Initiative Group of Friends

In a rather belated piece of February news, Canada recently announced that it had joined the Convention Against Torture Initiative’s (CTI) Group of Friends, which comes as a welcome development.

Readers can find both the above Canada in Geneva and CTI tweets by clicking on the respective links. Yet beyond the social media bangs and flashes exactly who and what are CTI’s Group of Friends, you might be wondering?

In a nutshell, CTI is an inter-governmental initiative to strengthen institutions, policies and practices and reduce the risks of torture and ill-treatment by applying the UN Convention against Torture. It describes its mission statement in the following terms, although much more detailed information can be found on the organization’s website.

A short video succinctly captures the importance of the goal of universal ratification of the UN Convention against Torture by 2024.

As a member of the Group of Friends, Canada joins a cluster of some 43 States Parties and other actors working towards the universal ratification and implementation of the UN Convention against Torture, described in the following terms:

“International cooperation, knowledge and experience sharing are integral to successful treaty ratification as well as sustained progress toward full observance following that process.

To help States overcome challenges to ratification and implementation of UNCAT, CTI welcomes the expertise, experience and knowledge of a diverse coalition that share our vision and objectives, known collectively as the CTI Group of Friends. The CTI Group of Friends comprise UN Member States, international and regional organisations, non-governmental organisations (NGOs), researchers, academics, torture prevention and other theme related experts.

Friends buttress the work and progress of CTI by providing assistance through active engagement in CTI technical workshops, training, seminars and other forums. They are  invited to attend the CTI’s Annual Forum  which provides an opportunity to inter alia provide input and advice on the strategic direction of CTI as well as to address specific regional and thematic challenges in the ratification or implementation of the Convention. Membership of the Group of Friends does not carry specific obligations or commitments, however, Friends are expected to share the vision and goals of the CTI and to work positively to those ends.”

While certainly not just the domain of states alone, a sizeable number of countries have signed up to the CTI Group of Friends, including the following:

Albania, Argentina, Australia, Austria, Bahamas, Bosnia and Herzegovina, Brazil, Burkina Faso, Canada, Costa Rica, Egypt, Finland, France, The Gambia, Georgia, Germany, Grenada, Guatemala, Honduras, Iraq, Italy, Jordan, Luxembourg, North Macedonia, Moldova, Montenegro, Myanmar, New Zealand, Norway, Peru, Poland, Sierra Leone, Slovenia, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uganda, United Kingdom, Uruguay, USA.”

Interestingly, of the current 43 Group of Friends an impressive 34 states have either signed (namely Sierra-Leone) or ratified the OPCAT. Hence, in joining the CTI Group of Friends Canada is in potentially a majority of good OPCAT company. Conversely, it is also notable that the Bahamas, Egypt, Gambia, Grenada, Iraq, Jordan, Myanmar and USA have not signed or ratified the instrument – small surprise, then, given the human rights profiles of some of these states.

More to the point, however, might we expect that Canada’s new-found membership of the CTI Group of Friends will – at some level – rewire the imaginations and positively rub off on the country’s decision-makers, resulting in a stronger commitment to promoting the UN Convention against Torture abroad and to even ratifying and implementing its Optional Protocol at home?

After all, the OPCAT is unquestionably an effective means by which to achieve the ends of the UN Convention in practice. The ratification of the OPCAT would also bolster Canada’s credibility internationally, allowing it to promote both the ratification of the UN Convention and its Optional Protocol globally without charges of double-standards.

Optimists will no doubt opt for the better story, as progress on the OPCAT front at the domestic level has appeared virtually non-existent in recent years, at least to Canadian civil society.

Moreover, Canada’s next periodic review by the UN Committee against Torture, following its late 2018 examination, is now not too far off in the distance. Yet after much foot-dragging and derailment, Ottawa will have little to report to the UN Committee in relation to movement on the OPCAT file.

Stepping back for a moment, however, if Canada’s membership of the CTI Group of Friends indirectly results in a renewed domestic commitment to the instrument or inadvertently puts Canada on notice that it needs to do better, this recent development will have been all the more welcome.


Find out more about the Convention Against Torture Initiative.

See who are the Group of Friends and Core States.

Explore the CTI’s resources for states.

Posted by mp in Canada, OPCAT, UNCAT

Two Years of OPCAT In/action? Circle As Appropriate.

Remarkable as it may seem, the lapsed and seemingly collapsed process of ratification of the OPCAT is still under consideration in government circles – or so we were informed in the final communiqué of the Federal, Provincial and Territorial Ministers Responsible for Human Rights Virtual Meeting from 10 November 2020.

As recently highlighted on this website, co-hosted by the Government of Nova Scotia and the Federal Government over two half-days on 9-10 November 2020, the said meeting’s final communiqué offered an astonishing insight into the glacial pace to ratify the OPCAT in Canada in recent years.

More than two years ago the UN Committee against Torture urged Canada during the examination of its 7th periodic report in Geneva to expedite the OPCAT ratification process. Yet practically untinged by troublesome public scrutiny the process is said to be somehow on-going, despite evidence to the contrary.

UNCAT 65th session Canada Probed
Palais Wilson – OHCHR in Geneva by UN Photo/Jean-Marc Ferré (2018).

Brimming with enthusiasm at the gates of a new year, the Canada OPCAT Project has opted to actively seek further information about the extent of any domestic OPCAT government consultation process. Accordingly, on 10 January 2021 armed with an Access to Information and Privacy (ATIP) Request the project sought the following data from Global Affairs Canada:

“In its Concluding Observations in relation to Canada’s 7th periodic report under the UN Convention against Torture, the UN Committee against Torture recommended that Canada should:

(d) Complete the process towards accession to the Optional Protocol to the Convention, while introducing mechanisms to ensure the participation of civil society, indigenous groups and other stakeholders in the entire process.

In view of this key United Nations recommendation, please provide copies of any written communications between Global Affairs Canada and other federal, provincial, and territorial government departments concerning the potential ratification and implementation of the Optional Protocol to the UN Convention against Torture for the period 1 December 2018 to 31 December 2020.

In this connection please provide copies of any emails, letters, backgrounders, briefing notes, presentations, or other relevant documents on the question of Canada acceding to the Optional Protocol to the UN Convention against Torture.” 

It is fully appreciated that, with the COVID-19 pandemic mercilessly showing no end in Canada and many civil servants working remotely, an official response may take a while. No matter, patience is a virtue, and we will keep you informed if and when a response should rattle the door.

In the two-and-a-half-year lifetime of the Canada OPCAT Project the initiative has often utilized ATIP Requests to seek information about the OPCAT ratification/consultation process in Canada. This approach has primarily been due due to the pittance of publicly available information about Canada’s stated intent to ratify the instrument, the sharp contradiction of which will not be lost on readers.

To this very point, in late December 2019 an ATIP Request was submitted to Global Affairs Canada to determine to what extent Canada had acted on a key international recommendation to ensure greater consultation with civil society and Indigenous organizations on the ratification of the OPCAT. The response, some six months overdue, was regrettably entirely underwhelming.  

Other past ATIP Requests have also produced very mixed results, strongly suggesting that the Canadian authorities are far less open and transparent than they claim in sharing run-of-the-mill human rights information with the public.  

Regardless, in 2021 the Canada OPCAT Project will continue to vault above such reluctance. If and when a response is elicited in relation to the latest ATIP Request, you can be sure to find it posted here – at our end, at least, in an entirely unredacted form.  


Posted by mp in OPCAT, Ratification, UNCAT

COPCAT Shorts – CTI Best Practices Excluding Torture Evidence

Tired and jaded by constantly reading about COVID-19? Then look no further, dear readers, than the Geneva-based Convention Against Torture Initiative’s (CTI) excellent new tool on best practices excluding torture evidence. The CTI tool, while not exactly the most sunny of reads subject matter-wise, is unquestionably a very useful resource. Better still, it has nothing remotely to do with the wretched coronavirus, currently blighting our lives.

Prepared by the highly respected NGO REDRESS for CTI, the organizations have brought to the fore another exceptionally high quality resource aimed at ensuring adherence to the UN Convention against Torture’s key Article 15, prohibiting the admission of evidence obtained by torture in any proceedings.

The new CTI tool.

Published on 27 April 2020, the accompanying CTI press release outlines the objectives of the tool:

“CTI’s new tool is tailored to State policy-makers, police investigators, prosecutors, medical practitioners and judges, and explains not only the important rationale of Article 15 for the overall effectiveness of investigations and court proceedings, but shares a range of positive State practices. The tool clarifies that the rule of non-admission of the use of evidence obtained by torture puts an important break on corrupt practices, removes one of the primary incentives for abuse, and safeguards due process rights and the fairness of court proceedings. Applying this rule helps dismantle unreliable confession-based policing and results in better and more reliable evidence gathering and investigations.

The tool’s compilation of good State practices are drawn from 24 countries from all geographical regions and showcase legislative, policy and practical ways the “exclusionary rule” is being respected.”

In its opening pages the tool outlines 8 extremely compelling reasons for excluding evidence obtained by way of torture or ill-treatment – notwithstanding the illegality of the practice – which serve as a useful reminder of why this all-important provision must always hold firm.

In order to ensure that torture evidence is excluded in everyday practice, CTI’s resource identifies the key role played by different criminal justice actors, including:

  • Police interviewers and investigators;
  • Prosecutors;
  • Medical practitioners;
  • Judges.

While the tool’s focus on the above actors may not be especially new, the citation of numerous specific country examples very much brings the document to life.

Prison – Anthony Albright (2020).

The CTI tool additionally advances a range of examples of national-focused proceedings and processes which specifically exclude evidence obtained through torture, including from countries as diverse as Australia, South Africa, England and Wales, Brazil and Thailand.

The final section of the tool titled Procedures and Practices to Exclude Torture Evidence: Things to Consider is especially useful. It comprises a list of questions to bear in mind when considering existing laws, procedures and instructions as well as in relation to the implementation of new procedures and encouraging new practices.

Best of all, none of the above has anything to do with the coronavirus. Thus, immense thanks are due to CTI and REDRESS, not only for producing another highly practical and informative resource, but equally for a much-needed distraction from the current gloom-laden news headlines!

Interested readers may also wish to scrutinize more closely CTI’s other excellent resources which form its so-called UNCAT Implementation Tools, all of which are designed to share good practices among states on the effective implementation of the UN Convention against Torture.


Download CTI’s Non-admission of evidence obtained by torture and ill-treatment: Procedures and practices tool.

Learn more about the Convention Against Torture Initiative.

Discover other torture-prevention resources.

Check out Dignity’s legal fact-sheets on torture prevention.

Posted by mp in Absolute prohibition of torture, Publication, Tools, Torture prevention, UNCAT

COPCAT Shorts – One-Year Follow-Up Report Under UNCAT

Although largely going unnoticed, Canada has recently placed into the public domain its one-year follow-up report to the UN Committee against Torture. Upon being examined by the UN Committee in November 2018, Canada had a year to provide the treaty body with information concerning four areas of specific concern. The nine-page one-year follow-up document (available below) comprises Canada’s formal response to the UN Committee against Torture.

As requested in the 2018 Concluding observations, Canada has responded to the UN Committee on the following four areas of concern:

  • Diplomatic assurances;
  • Adequate redress for the torture and ill-treatment of Canadians detained abroad;
  • Security certificates;
  • The forced or coerced sterilization of Indigenous women.

The latter concern was widely reported by Canada’s news media at the time of Canada’s examination by the UN Committee against Torture in November 2018. Furthermore, domestic human rights groups and Indigenous organizations continue to closely monitor Canada’s concrete follow-up to the scandal. Canada’s one-year follow-up report thus provides more detailed information about its response to the unlawful practice, described by the UN Committee as a form of torture.

Prison by Duncan Drew (2010)

As for the issue closest to this website’s heart, regrettably no information was demanded by the UN Committee about the OPCAT as part of the one-year follow-up procedure. No matter, frequent visitors to the Canada OPCAT Project website may recall that in its Concluding observations the UN Committee against Torture recommended that Canada should undertake the following steps:

“Complete the process towards accession to the Optional Protocol to the Convention, while introducing mechanisms to ensure the participation of civil society, indigenous groups and other stakeholders in the entire process.” [§21d]

On 23 December 2019 the Canada OPCAT Project submitted an Access to Information Request to Global Affairs Canada to determine to what extent Canada had acted on this international recommendation. In late January 2020 Global Affairs Canada responded, stating that it required an additional 45-days to process the request, which, according to the relevant legislation, is now due no later than today – 7 March 2020.

Whether Global Affairs Canada respects this looming, legally stipulated deadline remains to be seen. As yet, nothing has arrived in today’s post.

More generally, Canada’s one-year follow-up response ultimately paves the way for the submission and examination of Canada’s 8th period report, which is due on 7 December 2022, as well as civil society’s invaluable parallel views on the implementation of the UN Convention against Torture in practice. As most readers will appreciate, the two are not necessarily the same.


Read Canada’s one-year follow-up report below:

Read the UN Committee’s views on Canada’s ratification of the OPCAT.

Find out more about the UN Committee’s different concerns about immigration detention in Canada.

See what the UN Committee had to say about psychiatric detention.

Read the full Concluding observations relating to Canada’s November 2018 review.

Posted by mp

COPCAT Shorts – UN Prevention of Torture Press Conference

“Of course, none of this is possible [torture prevention efforts at the national level] if it is not properly supported, and so it is a matter of great concern to us that the current financial problems that are affecting the UN system that … our final visits of this year have had to be called off for financial reasons. This has never happened to us before and we hope that it never happens again, because we, like my colleagues, are working to secure the interests of some of the most vulnerable in our societies and it is absolutely imperative that that work should continue.”

Screenshot from the Prevention of Torture Press Conference – copyright UN Web TV.

Sir Professor Malcolm Evans, Chairperson of the UN Subcommittee on Prevention of Torture, speaking at the UN Prevention of Torture Press Conference, New York, 15 October 2019.


Watch the full Prevention of Torture Press Conference here.

The above quotation excerpt begins at around the 15-minute mark.

Sir Professor Malcolm Evans was joined by the UN Special Rapporteur on torture, Nils Melzer, and the Chairperson of the UN Committee against Torture, Jens Modvig, at the UN Prevention of Torture Press Conference.

Watch the three torture prevention experts present their respective reports to the Third Committee of the UN General Assembly on 14 October 2019.

Listen to an audio interview with Sir Professor Malcolm Evans on what routinely happens during a UN Subcommittee on Prevention of Torture visit to a country.

Watch a short video about the UN Subcommittee on Prevention of Torture.

The Canada OPCAT Project signs up to a CSO petition against UN cuts to the treaty bodies.

Posted by mp in SPT, UN Special Rapporteur on Torture, UN Subcommittee, UNCAT

COPCAT Shorts – UN Treaty Bodies Under Budgetary Cosh

“It is with a sense of urgency that we convey our deep concern regarding the critical funding situation affecting the UN’s human rights mechanisms and OHCHR…”

So opens an Open NGO letter regarding the critical funding gap affecting UN human rights mechanisms and the Office of the High Commissioner for Human Rights, which was sent earlier this week to all UN Member States’ Permanent Missions to the United Nations in Geneva and New York.

The letter, which was signed by the Canada OPCAT Project among several hundred other civil society actors, expressed dismay about the potentially harmful impact on the functioning of the UN treaty bodies and special procedures caused by delays in payments by UN Member States’ assessed contributions to the regular UN budget as well as other budget cuts.

UNCAT 65th session Canada Probed
Palais Wilson – Office of the United Nations High Commissioner for Human Rights in Geneva by UN Photo/Jean-Marc Ferre

In an OHCHR written statement issued on 17 May the Chairpersons of the 10 UN treaty bodies also expressed concern about this unprecedented situation, stating:

“In April this year, the Chairpersons of all 10 treaty bodies were informed that six of them are very likely to have sessions in 2019 cancelled for financial reasons – an unprecedented consequence of some UN member States delaying payments due to the organisation.

This means that reviews already scheduled with States, as well as consideration of complaints by individual victims of serious human rights violations – including torture, extra-judicial killings, enforced disappearances – will not take place as scheduled. The cancellation of sessions will also have numerous other negative consequences, and will seriously undermine the system of protections which States themselves have put in place over decades.”

Canada would be directly impacted by these potential cancellations as, during the autumn period, it is scheduled to be reviewed by three treaty bodies. These include the UN Committee on the Rights of Persons with Disabilities, the Committee on the Elimination of Discrimination Against Women (through the List of Issues Prior to Reporting procedure) and the UN Committee against Torture (through the one-year follow-up procedure).

The Open NGO letter calls on UN Member States to pay their assessed contributions without further delay, prioritize securing adequate funding for the UN human rights pillar and initiate discussions on how to reverse the trend of reduced regular budget for OHCHR.


Read the full Open NGO letter here.

Read OHCHR’s statement ‘UN budget shortfalls seriously undermine the work of the Human Rights Treaty Bodies’.

Posted by mp in Civil society, UNCAT, UNCRPD

COPCAT Shorts – Mistreatment & Violence against Women during Reproductive Health Care and Childbirth

Mistreatment and violence against women during reproductive health care and facility-based child birth is a serious violation of women’s human rights which occurs across all geographical and income-level settings. In a statement published in 2014, the World Health Organization reported that disrespectful and abusive treatment occurs during childbirth in facilities and includes “outright physical abuse, profound humiliation and verbal abuse, coercive or unconsented medical procedures (including sterilization), lack of confidentiality, failure to get fully informed consent, refusal to give pain medication, gross violations of privacy, refusal of admission to health facilities, neglecting women during childbirth to suffer life-threatening, avoidable complications, and detention of women and their newborns in facilities after childbirth due to an inability to pay.”

The Special Rapporteur on violence against women, Study on mistreatment and violence against women during reproductive health care with a focus on childbirth, April 2019.


UN violence against women expert
Dubravka Simonovic, Special Rapporteur on violence against women presents her report at the 38th Regular Session of the Human Rights Council, 20 June 2018
– UN Photo/Jean-Marc Ferré

The Special Rapporteur on violence against women, Dubravka Šimonović has identified the issue of mistreatment and violence against women during reproductive health care and childbirth as the subject of her next thematic report to be presented at the 74th session of the General Assembly in September 2019.

Canadian readers will vividly recall that the UN Committee against Torture expressed concern about the forced sterilization of Indigenous women and girls during its examination of Canada in November 2018.  

The UN Special Rapporteur on violence against women is seeking views on four questions relating to the issue of mistreatment and violence against women during reproductive health care and childbirth. Canadian civil society is kindly invited to have its say on this key issue.

The deadline for submissions is 17 May 2019. Please see below for more information.


Read more about the UN Special Rapporteur on violence against women’s new study.

See what the UN Committee against Torture said about the forced sterilization of Indigenous women and girls in Canada in 2018.

Read more about the UN Special Rapporteur on torture’s recently launched consultation on domestic violence.

Posted by mp in Absolute prohibition of torture, Health care, UN Special Rapporteur, UNCAT

COPCAT Shorts – Domestic Violence: A Veritable Scourge of Inhumanity

“Similar to war, domestic violence is a veritable “scourge” of inhumanity, traumatizing countless children, women and men on a daily basis, and brutalizing human society for generations to come. Contrary to war, however, domestic violence is still largely considered to be a “private matter”, a social taboo to be dealt with at the discretion of the perpetrator in the perceived legal “black hole” of the home. As long as a substantial part of the world’s population is oppressed, abused and even murdered with impunity by their own family members, the promises of the Universal Declaration of Human Rights and the Sustainable Development Goals will remain a far cry from reality. Consequently, though domestic violence may occur in the private sphere, it must be regarded as a global governance matter of inherently public concern.”

UN Special Rapporteur on torture, Domestic Violence and the Prohibition of Torture and Ill-Treatment, 5 April 2019.


Corruption and torture report
Nils Melzer, UN Special Rapporteur on torture, UN Human Rights Council 1 March 2017 (copyright UN Geneva/Jean-Marc Ferre).

The UN Special Rapporteur on torture, Nils Melzer, has opened up a thematic consultation on the phenomenon of domestic violence from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment.

In his upcoming report on this topic to the UN General Assembly, the Special Rapporteur aims:

(1) To apply the substantive elements of the definition of torture to a broad range of practices commonly understood to fall within the notion of domestic violence;

(2) To analyze the legal obligations arising for States under the prohibition of torture with respect to domestic violence;

(3) And to make recommendations with a view to improving the protection against torture in the context of domestic violence.

Canadian human rights actors can contribute to this crucial public consultation by answer three sets of questions. Please help to put domestic violence in Canada in the international spotlight by responding to the UN Special Rapporteur on torture’s open consultation.

The closing date for responses is 15 May 2019.


Read more about the UN Special Rapporteur’s consultation on domestic violence.

Read Professor Melzer’s recent report on combating corruption and torture.

Read his comments from October 2018 on the danger of backsliding on torture.

Posted by mp in Absolute prohibition of torture, UN Special Rapporteur on Torture, UNCAT

CBSA Release of Canadian Red Cross Immigration Detention Report

Successfully evading the watchful eye of even the Canada OPCAT Project, the first report of Canadian Red Cross monitoring of immigration detention in Canada has been released.

Published by the Canadian Border Services Agency (CBSA) on 14 February 2019, where the news item remains a front page feature, the report highlights the findings of Canadian Red Cross monitoring of immigration detention in Canada in the period September 2017 to March 2018. A French version of this key report is also available on the same website.     

If the CBSA seems only too pleased to mark the release of the Canadian Red Cross’ CBSA detention report, the said report has oddly yet to surface on the Canadian Red Cross website. Even so, its publication comes as a very welcome step in opening up a detention setting in Canada, for which there is currently no statutory arms-length oversight body.

CBSA detention report
CBSA by British Columbia Emergency Photography (2014)

Instead such facilities are monitored as part of a two-year agreement between the CBSA and the Canadian Red Cross, as highlighted in the Executive Summary of the recently published report. In the document the Canadian Red Cross summarizes its main findings, as follows:

“Under the reporting period, the IDMP carried out a total of fifteen (15) visits to detention facilities holding immigration detainees between December 2017 and end of March 2018. Based on our observations made during this reporting period, CRCS grouped its concerns into the following five themes:  

  • Co-mingling of immigration detainees in correctional institution;
  • Lack of orientation about the detainees’ rights and responsibilities in detention;
  • Difficulties in accessing certain medical service;
  • Lack of access to outdoor areas in some visited facilities;
  • Difficulties in maintaining contact with families.”

On the basis of the CRC’s findings and observations the report makes the following recommendations:

  • “Where detention is necessary, to hold immigration detainees in facilities other than correctional prisons and where this is not possible, to separate immigration detainees from the rest of the prison population; 
  • To ensure that immigration detainees are fully aware of their rights and responsibilities, regardless of their place of detention; 
  • To ensure that immigration detainees have access to adequate mental health services wherever they are detained; 
  • To provide immigration detainees with daily access to outdoor areas as well as recreational activities; 
  • And finally, to allow regular and adequate contact between detainees and their families.”

In reaction to the Canadian Red Cross report, the CBSA has issued its Management Response and Action Plan, outlining its raft of proposed actions.    

CBSA detention

In contrast to certain other countries, Canada’s dedicated immigration holding regime is relatively small, comprising just three facilities. However, the country’s provincial prison estates are also used for the dispersal and detention of immigration detainees, a practice not without accompanying concern. Moreover, annually, sizeable numbers of persons are detained on immigration grounds.

According to the Canada Border Services Agency, in the fiscal year 2017-2018 some 8,355 persons were detained for a total of nearly 120,000 detention days in Canada. Of this number, 6,609 persons were held in one of the country’s three Immigration Holding Centres, while the remainder were detained in provincial and other facilities.

It bears noting that, during its examination of Canada in November 2018, the UN Committee against Torture voiced various concerns about recourse to immigration detention in the country, including the use of provincial prisons and the absence of any arms-length oversight body of such detention facilities.

During the said review in Geneva, the Canadian delegation stressed its intention to make public the annual reports of the Canadian Red Cross Immigration Detention Monitoring Program. The publication by the CBSA of the first annual report of activities is therefore to be welcomed.


Read the CRC report in English.

Read the CBSA Management Response and Action Plan in English.

Lire le rapport de l’CRC en français.

Lire la réponse de la direction de l’ASFC et un plan d’action en français.

Examine the Concluding observations of the UN Committee against Torture from December 2018 concerning oversight of immigration detention in Canada.

Explore the Canada OPCAT Project’s other featured articles relating to immigration detention, including the University of Oxford’s Faculty of Law Border Criminologies publication, HMIP Detention Monitoring Methodology: A Briefing Paper (2018) and the Global Detention Project reportHarm Reduction in Immigration Detention (2018).

Posted by mp in Immigration detention, Oversight bodies, UNCAT

COPCAT Shorts: Global Compact for Migration

Objective 13: Use immigration detention only as a measure of last resort and work towards alternatives

29. We commit to ensure that any detention in the context of international migration follows due process, is non-arbitrary, is based on law, necessity, proportionality and individual assessments, is carried out by authorized officials and is for the shortest possible period of time, irrespective of whether detention occurs at the moment of entry, in transit or in proceedings of return, and regardless of the type of place where the detention occurs. We further commit to prioritize non-custodial alternatives to detention that are in line with international law, and to take a human rights-based approach to any detention of migrants, using detention as a measure of last resort only.

To realize this commitment, we will draw from the following actions:

(a) Use existing relevant human rights mechanisms to improve independent monitoring of migrant detention, ensuring that it is a measure of last resort, that human rights violations do not occur, and that States promote, implement and expand alternatives to detention, favouring non-custodial measures and community-based care arrangements, especially in the case of families and children;

Global Compact
UN Photo – Detail from Conference on Global Compact on Migration, 11 December 2018.

Read the Global Compact for Migration in English, adopted on 10 December at the intergovernmental conference held in Marrakesh, Morocco.

Read the UN Committee against Torture’s recommendations on immigration detention in Canada from 7 December 2018.

Posted by mp in Immigration detention, Oversight bodies, UNCAT