8 August 2008
Interview with Alexandra Kirk, ABC's AM Program, 8AM
Topics: OPTIONAL PROTOCOL ON TORTURE; TORTURE OFFENCE.
TONY EASTLEY: The Rudd Labor Government is moving to distance itself from the previous Coalition Government's policies and attitudes on the United Nations. It's moving to ratify the optional protocol to the UN's Convention Against Torture, as well as introduce a federal law that would make torture a criminal offence.
In a strong message to the United States the Attorney General, Robert McClelland, says the practise of waterboarding is torture. He's also
extending an open invitation to UN officials to visit Australia to monitor human rights.
The Attorney General told Alexandra Kirk it marks an end to the Howard Government's defensive approach.
ROBERT MCCLELLAND: It signifies that the Rudd Government is re-engaging with the international community and joining international good citizens, such as Canada, the United Kingdom, New Zealand, and a number of others, in recognising and facilitating the
international human rights system.
REPORTER: Will this improve relations between the Federal Government and the United Nations, do you think?
ROBERT MCCLELLAND: I think the United Nations will appreciate this - it's more than a gesture, it's significant, it helps to facilitate and give credibility to the international human rights framework. It's quite hypocritical for a modern advanced nation to call upon neighbouring countries, for instance, to lift their standards in a number of human rights areas if we aren't prepared to set our own example.
REPORTER: You're also moving to sign up to an international convention against torture. Why? Do you think that there is a need to have a special law in Australia against torture?
ROBERT MCCLELLAND: We're doing two things. We're consulting with the states about signing up to the optional protocol to the Convention Against Torture, which again would provide some specific mechanisms for inspection over prisons and detention facilities.
But we're also consulting with the states in a second respect and that is whether we introduce a specific federal law, which would apply across Australia, outlawing torture as a specific offence. And, indeed, we are canvassing the views of those states as to that law having extra territorial operation. That is, applying to Australians in respect to conduct undertaken overseas.
REPORTER: In your view, is the practise of what's called waterboarding, or strapping suspects down and pouring water on them to make them feel that they're drowning, do you think that is torture?
ROBERT MCCLELLAND: Unquestionably it's torture and we believe offends the convention. And, indeed, if legislation is introduced, would offend the legislation.
REPORTER: So you accept the United Nations standard of what constitutes torture rather than the United States? Because, of course, the White House is still defending its use as a justifiable interrogation method.
ROBERT MCCLELLAND: I know there have been mixed views from a number of representatives of the United States administration. All I can say is, without going into those mixed views, from the Australian Government's point of view that action unquestionably constitutes torture.
REPORTER: And do you think it would apply pressure on the United States then?
ROBERT MCCLELLAND: We would like to think that the greater the number of countries that sign up to these international human rights standards, and adhere to them, sets an example for all other countries, without specifically identifying any country.
TONY EASTLEY: The Federal Attorney General, Robert McClelland.
Alexandra Kirk with that report.
END
