VZCZCXRO3907
PP RUEHPT
DE RUEHBY #0710/01 2160611
ZNR UUUUU ZZH
P 040611Z AUG 09
FM AMEMBASSY CANBERRA
TO RUEHC/SECSTATE WASHDC PRIORITY 1859
INFO RUEHPT/AMCONSUL PERTH PRIORITY 4834
RUEHBN/AMCONSUL MELBOURNE PRIORITY 6569
RUEHDN/AMCONSUL SYDNEY PRIORITY 4813

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