AUSTRALIAN ATTORNEY GENERAL'S RESPONSE TO THE

UNCLAS SECTION 01 OF 06 CANBERRA 000710 SIPDIS DRL/MLGA FOR KRISTEN MCGEENY E.O. 12958: N/A TAGS: PHUM UN AS SUBJECT: AUSTRALIAN ATTORNEY GENERAL'S RESPONSE TO THE PRESIDENT'S REQUEST FOR ANTI-TORTURE INITIATIVES REF: A. A. STATE 70129 ¶B. B. CANBERRA 698 ¶1. (U) The Australian Attorney General's Department has prepared a multi-agency response to the president's request for a report on initiatives countering torture from various allies. ¶2. (U) The Australian response: Begin text.. Australian Initiatives to Counter Torture and Assist Victims -------------- -------------- Australia is a party to the "Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment" which entered into force in Australia on 7 September 1989. The Convention requires State Parties to take effective measures to prevent acts of torture in any territory under its jurisdiction. The Optional Protocol to the Convention, which entered into force generally on 23 June 2003, is a further prevention and enforcement mechanism aimed at achieving the purposes of the Convention, and strengthening the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment. Australia signed the Optional Protocol on 19 May 2009 and in doing so, reaffirmed its longstanding commitment to the prevention of torture. Australia is currently consulting with States and Territories on the implications for Australia of becoming a party. An important part of the consultation is focused on what form of national preventative mechanism(s) (NPM) might be adopted in Australia. There are a range of NPM options to be considered. For example, the Optional Protocol allows State parties to designate one or more existing bodies, or if preferred, State Parties can establish a new body or bodies. Australia's federal system also means that consideration needs to be given to how to implement the NPM obligations in all jurisdictions, and whether the NPM will consist of federal as well as State and Territory bodies. In addition, the Australian Government has announced it proposes to enact a specific offence of torture in Commonwealth law. As a party to the Convention, Australia must ensure that all acts of torture are offences under domestic criminal law. While Australia already meets this obligation of domestic criminalisation, as domestic criminal laws already contain offences which outlaw all acts of torture, there is no single Commonwealth offence that criminalises torture committed within and outside Australia. The Government intends to introduce legislation this year to enact a specific Commonwealth torture offence which will operate concurrently with existing offences in State and Territory criminal laws. These measures reaffirm the Government's commitment to human rights and send a strong message both within Australia and internationally that we will take all necessary steps to eliminate the use of torture. In addition to these policy approaches, Australia has a number of programs designed to counter torture in the region and to assist victims of torture. These programs are outlined below. Department of Immigration and Citizenship -------------- The Department of Immigration and Citizenship (DIAC) administers the Integrated Humanitarian Settlement Strategy (IHSS),a national program that provides initial resettlement support services to all holders of permanent humanitarian visas. All humanitarian entrants are eligible for intensive torture and trauma counselling under the IHSS. These counselling Qand trauma counselling under the IHSS. These counselling services are designed to address the short-term psychological needs of humanitarian entrants during the resettlement process. The IHSS short-term torture and trauma counselling services assist entrants to deal with psychosocial problems associated with traumatic events arising during their first year in Australia. Entrants with longer-term psychological difficulties are referred on to the Program of Assistance to the Survivors of Torture and Trauma (PASTT) provided by Department of Health and Ageing. CANBERRA 00000710 002 OF 006 PASTT provides medium to long term counselling services for humanitarian entrants who have suffered torture and trauma prior to arriving in Australia. PASTT improves clients' access to health, mental health and related mainstream services after they have received the specialist assistance that they need. The IHSS has the capacity to assist approximately 13,750 humanitarian entrants per year to resettle in Australia. In the 2008/2009 financial year, the IHSS programme assisted 12,035 humanitarian entrants with settlement services. Of these, 6,751 entrants (56%) specifically accessed short term torture and trauma services. A total of 35,694 short term torture and trauma sessions were delivered in 2008/2009, an average of 5.3 sessions per entrant who accessed these services. Expenditure for the IHSS program in 2008-2009 was AUD$54.5M. Of this total, approximately AUD$7.5M was expended on short term torture and trauma services. DIAC has also implemented the Complex Case Support (CSS) program to support the small number of humanitarian entrants who have extensive needs beyond the scope of existing IHSS settlement services. While many CCS clients may have been victims of torture and trauma, CCS is not specifically targeted at delivering torture and trauma counselling. Rather, it aims to provide a holistic case management approach, capable of addressing the broader barriers facing these entrants. In addition, there are specialised services for the treatment and rehabilitation of torture and trauma victims in all States and Territories. These agencies provide a range of services to victims of torture and trauma, including assessment, counselling, advocacy, coordination of and referral for medical and dental care, group discussions and liaison with and training of health care professionals. Australian Federal Police -------------- The AFP plays a role in international peacekeeping and capacity building missions, particularly in the Pacific region. The AFP International Deployment Group (IDG) portfolio assumes responsibility for this peacekeeping/capacity building mission function. In accordance with UN peacekeeping operations mandate, all peacekeeping personnel are expected to promote, protect and respect human rights whilst serving in a peace operation. All personnel deployed to such missions are provided with training to take a progressive stance on ensuring the protection and promotion of human rights. This entails playing a mentoring role in relation to human rights, facilitating training for local police and reporting any breaches of human rights. In accordance with UN peacekeeping operations mandate, all international programs that the AFP is involved with seek to impact on police behaviour, including discipline, which indirectly assists in improving treatment and conditions of detainees/inmates. The AFP has played an integral role in the Regional Assistance Mission to the Solomon Islands (RAMSI) since its establishment in 2003. A component of this capacity building mission in the Solomon Islands is programs in Rove Prison aimed at improving conditions and treatment of inmates. (See further information on the RAMSI program under AusAID, below.) The AFP has been involved in programs in Indonesia aimed at improving conditions of inmates. Regretfully, owing to operational priorities within Indonesia following the recent bombings, details of these programs are not currently Qrecent bombings, details of these programs are not currently available. There are a number of initiatives still in the developmental stage that involves incorporating human rights training aimed at promoting increased compliance with human rights standards by police throughout the Pacific region. Such initiatives are in their infancy and may upon implementation assist in indirectly improving treatment and conditions of inmates abroad. AusAID -------------- CANBERRA 00000710 003 OF 006 --Support through International Organisations-- -Asia Pacific Forum The Asia Pacific Forum of National Human Rights Institutions (APF) is the leading regional human rights organisation in the Asia Pacific. It is made up of national human rights institutions from across the region. As a donor country, Australia's contributions assist the APF fulfill its mandate and address issues of concern to the organisation, including torture. For example, the APF has engaged the Association for the Prevention of Torture (APT) to develop practical training materials for member organisations and human rights institutions on torture prevention. The APT itself has conducted training seminars and workshops on torture prevention with a number of APF members, including the Republic of Korea, Maldives, Thailand, the Philippines, Indonesia and Timor Leste. The APF is also proposing to develop a DVD training resource to supplement other anti-torture training materials. --Support through NGOs and Volunteer Organisations-- -World Vision In Ethiopia, World Vision has been conducting the Safe Motherhood project, which is focused on improving the health of reproductive-aged women through sustainable and acceptable health care provision. As part of this project, World Vision has placed considerable effort into advocacy regarding harmful traditional practices such as infundibulation. The project has resulted in training for community health workers and traditional birth attendants. The project model has proven to be successful and no significant changes are proposed for the remainder of the project. The World Vision Assistance Support and Protection (ASAP) project is focused on increasing community resilience in order to reduce vulnerability to exploitation and trafficking of migrants in border areas of Thailand, with a predominant focus on Burmese migrants. ASAP also works in collaboration with two regional World Vision anti-trafficking projects. These are focused on advocacy and cross border field implementation throughout China, Vietnam, Cambodia, Myanmar, Laos and Thailand. -International Needs Australia (INA) International Needs Australia is a globally networked Christian aid and development agency. INA is funded through private donations from the Australian community and grants from AusAID. In Ghana, INA is conducting a rehabilitation programme for released Trokosi slave women, the children of ex- Trokosi and other vulnerable women. Trokosi is a West African practice of ritual enslavement in which young girls are offered and bound to local fetish shrines as atonement for family or community transgressions. The objective of this project is to empower Trokosi impacted and other disadvantaged women with income generating skills and education on human rights. In 2009-10, 300 women will undertake a holistic residential program of vocational and skills training relevant to their context in a range of areas. -Australian Youth Ambassadors for Development (AYADs) The Australian Youth Ambassadors for Development (AYAD) Program is an Australian Government, AusAID initiative that aims to strengthen mutual understanding between Australia and the countries of the AsiaPacific region and make a positive contribution to development. The Program achieves these aims by placing skilled young Australians (18-30) on short-term assignments in developing countries in the Asia Pacific region. AYAD volunteers work Qcountries in the Asia Pacific region. AYAD volunteers work with local counterparts in Host Organisations on a range of issues, which may include human rights and anti-torture initiatives. For example, the Living Memory Project in Timor-Leste has involved an AYAD volunteer working in collaboration with the Ex-Political Prisoners Association to create a permanent CANBERRA 00000710 004 OF 006 record of the experiences of Timor Leste's former civilian political prisoners from the period 1974 to 1999, as a vital part of documenting the country's recent history. The project is creating a video archive of testimonies of ex-prisoners, together with other documentary and photographic material from this period. In the Forced Labour and Discrimination intern assignment, an AYAD volunteer worked with the Dalit NGO Federation (DNF) in Nepal to mainstream labour issues, which included research related to forced labour and labour discrimination. -Human Rights Small Grants Scheme (HRSGS) The Human Rights Small Grants Scheme provides small grants to human rights organisations (primarily non-government) in developing countries for activities aimed at promoting and protecting human rights in a direct and tangible way. Projects funded through the HRSGS have included anti-torture activities, and human rights organisations focusing on torture related issues are able to apply for funding support through the Scheme. --Support through Partner Governments and Agencies-- -Pacific Regional Policing Initiative The Pacific Regional Policing Initiative developed and implemented a number of training programs and procedural manuals across the Pacific which sought to increase a human rights compliant approach to policing and detention. This included recruit and refresher courses that specifically addressed arrest and the use of force. In some countries, such as Vanuatu, training was supported by further training from Australian Federal Police managed police development projects. -Australia Fiji Law and Justice Sector Program The Australia Fiji Law and Justice Sector program is focused on rehabilitation and sentencing. The Program assisted in the establishment of a consistent and reliable range of sentencing options which supported the use of alternatives to imprisonment. The Program supported the development and advocacy on the Prison and Corrections Act 2006. The preparation and implementation of the Act represented a fundamental shift in thinking from containment to correction and rehabilitation and supported development of the prison service in Fiji. It also introduced electronic recording of police interviews. -Pacific Regional Rights Resource Team The Pacific Regional Rights Resource Team (RRRT) is part of the Secretariat of the Pacific Community with core support from New Zealand and Australia. RRR T provides training, technical support, policy and advocacy advice in human rights, democracy and the rule of law to promote social justice and good governance throughout the Pacific region. -Papua New Guinea - Australia Law and Justice Partnership The PNG-Australia Law and Justice Partnership commenced in April 2009, replacing the previous Law and Justice Sector Program (LJSP). Support through LJSP included direct funding and technical assistance across law and justice agencies, community groups and selected provinces, which helped strengthen the capacity of core law and justice agencies to deliver services in crime prevention, prosecutions, policing, legal aid, prisons, courts and the Ombudsman Commission. Support through the PALJP builds on the success of the LJSP, and seeks to consolidate the established partnership between Australia and PNG. In late 2003, Australia and Papua New Guinea agreed to implement the Enhanced Cooperation Program (renamed Strongim Gavman Program (SGP) in April 2008) to help PNG address key QGavman Program (SGP) in April 2008) to help PNG address key challenges in the areas of policing, law and justice, border management and transport security, and economic and public sector management. -Regional Assistance Mission to Solomon Islands--Law and Justice Program The goal of RAMSI's Law and Justice Program is to strengthen the capacity of the Solomon Islands justice sector to uphold the rule of law, including by providing equitable access to CANBERRA 00000710 005 OF 006 justice through efficient, affordable, accountable and sustainable institutions. The RAMSI Law and Justice Program supports justice agencies and correctional services within the law and justice sector, while the Participating Police Force (PPF) program is managed separately by the Australian Federal Police and supports the Royal Solomon Islands Police Force. The RAMSI Law and Justice Program provides support through technical assistance (advisers),funding of activities and physical infrastructure and through capacity building of individuals and institutions. There are currently up to 58 long-term RAMSI funded technical placements working across the law and justice sector in advisory, in-line and constitutional positions. Planning for the next phase of RAMSI law and justice assistance 2009-2013 is now underway. -Vanuatu Police Force Capacity Building Project (VPFCBP) The VPFCBP is implemented by AFP and managed by AusAID and assists the Government of Vanuatu to implement its own police reform agenda, including the provision of training, policy advice, infrastructure and equipment, with a focus on community safety and crime prevention. -Vanuatu Legal Sector Strengthening Program (VLSSP) The VLSSP aims to build sustainable administrative and legal capacity within the State Law Office, the Public Prosecutor's Office and the Public Solicitor's Office, through technical assistance and support for infrastructure, procurement and training programs. -Samoa Law and Justice Activities AusAID has supported the Government of Samoa to develop a Law and Justice Sector Plan, which will provide strategic direction to future donor assistance to the law and justice sector in Samoa, including policing. -Tonga Police Development Program The Tonga Police Development Program is a trilateral Australia, New Zealand and Tonga program of policing support. A Program Management Committee, which includes representatives from Tonga Police Force, AusAID, AFP, NZAID and NZP, oversees the Program. Australia's support is funding the deployment of AFP advisors to provide human resource and technical support to Tonga Police; procurement of essential equipment; and building/upgrade of infrastructure. -Pacific Judicial Development Program This program aims to strengthen governance and the rule of law in Pacific Island Countries through expanding the capacity of professional judicial officers to act according to internationally accepted legal principles. NZAID is responsible for PJDP program management. -Strengthening the Justice System Program Strengthening the Justice System Program is managed by UNDP and supported by Australia, Portugal and Spain and provides international judges, prosecutors, and defenders, as well as support to train local court actors at the Legal Training Centre. -Cambodia Criminal Justice Support Project (CCJAP) Australia has supported the criminal justice system in Cambodia for over 12 years, with this current phase of assistance supporting Cambodia to implement its Legal and Judicial Reform Strategy. CCJAP works with the Ministry of Interior (including the Cambodian National Police and the General Department of Prisons),Ministry of Justice, and with the General Secretariat to the Council for Legal and Judicial Reform, with cooperation and funding support from the Royal Danish Government. CCJAP includes particular focus on supporting Cambodia to address the needs of juveniles and other vulnerable groups in Qaddress the needs of juveniles and other vulnerable groups in CANBERRA 00000710 006 OF 006 the criminal justice system. -Australia-Indonesia Legal Development Facility (AILDF) Australia has been providing assistance to Indonesia's legal sector since 1999, with support evolving from a small program of assistance to judges, through to the current larger scale AILDF, which is focused on four key themes: access to justice, human rights, anti-corruption and transnational crime. AILDF is due to conclude at the end of 2009, with planning now underway for the next phase of assistance, through a proposed Australia-Indonesia Justice Partnership. Future assistance is likely to focus on: facilitating greater access to legal information, building the institutional capacity of key justice sector institutions and civil society organisations, promoting greater awareness of the links between human rights and development, and assisting justice sector institutions to combat corruption. -Royal PNG Constabulary (RPNGC) Over many years, AusAID has assisted the Royal Papua New Guinea Constabulary develop and deliver training packages in 'Human Rights' and 'Use of Force and Firearms' to members of the Constabulary. -Australian human rights assistance to the Philippines Australia is currently assessing options for delivering human rights capacity building programs with the Philippines. This includes potential support to the Commission on Human Rights, human rights small grants scheme funding and capacity building assistance with the Philippine National Police and Armed Forces. Australia's assistance is being considered in the context of a review by the UN Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions on actions taken by the Philippine Government to address human rights abuses. End text. CLUNE