DOCSLIB.ORG

Optional Protocol to the UN Convention Against Torture

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Optional Protocol to the UN Convention Against Torture TABLE OF CONTENTS Table of Abbreviations.......................................................................... p. 3 Presentation .......................................................................................... p. 5 Foreword ............................................................................................... p. 9 Biographic Note of the Authors........................................................... p. 11 Chapter I: Basic Questions on the Optional Protocol to the UN Convention against Torture.................................... p. 13 Chapter II: History of the Optional Protocol to the UN Convention against Torture................................... p. 31 Chapter III: Commentary on the Optional Protocol to the UN Convention against Torture.................................. p. 57 Chapter IV: The Mandate and Methodology of the Preventive Mechanisms under the Optional Protocol to the UN Convention against Torture.................................. p. 119 Chapter V: Strategies for the Ratification and Implementation of the Optional Protocol to the UN Convention against Torture................................... p. 141 1 Annex 1: UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment .................... p. 165 Annex 2: Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment......................................................................... p. 181 Annex 3: States Parties to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment......................................................................... p. 196 Annex 4: Voting Record on the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishmen.......................................................................... p. 203 Annex 5: Members of the UN Committee against Torture ...................... p. 215 Annex 6: Procedures for the Ratification of International Treaties by States Parties to the UN Convention against Torture ........... p. 217 Annex 7: Useful Addresses..................................................................... p. 266 Annex 8: Further Reading on the Optional Protocol to the UN Convention against Torture ..................................... p. 270 2 TABLE OF ABBREVIATIONS ACHPR African Commission on Human and Peoples’ Rights AI Amnesty International APT Association for the Prevention of Torture CAT UN Committee against Torture CEDAW UN Convention on the Elimination of All Forms of Discrimination Against Women CEPTA Committee of Experts for the Prevention of Torture in the Americas CERD UN Convention for the Elimination of All Forms of Racial Discrimination CHR UN Commission on Human Rights CINAT Coalition of International Non-Governmental Organisations against Torture CPT European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ECOSOC UN Economic and Social Council EU European Union FI.ACAT International Federation of Action by Christians for the Abolition of Torture FIDH International Federation for Human Rights GA UN General Assembly GRULAC UN Latin American and Caribbean Group IACHR Inter-American Commission on Human Rights ICJ International Commission of Jurists ICRC International Committee of the Red Cross ICTY International Criminal Tribunal for Former Yugoslavia IIHR Inter-American Institute for Human Rights ILANUD UN Latin American Institute for the Prevention of Crime and Treatment of Offenders IRCT International Rehabilitation Council for Torture Victims NGO non governmental organisation NHRI national human rights institutions OAS Organisation of American States 3 ODIHR Office for Democratic Institutions and Human Rights OPCAT UN Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment OMCT World Organisation Against Torture OSCE Organisation for Security and Co-operation in Europe SADC Southern African Development Community SCT Swiss Committee against Torture UN United Nations UNCAT UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment UNHCHR UN High Commissioner for Human Rights 4 Presentation The Optional Protocol to the UN Convention against Torture adopted in December 2002, provides a novel and realistic approach to preventing this unacceptable human rights violation and crime against humanity. For the Inter- American Institute of Human Rights (IIHR) and the Association for the Prevention of Torture (APT), it is therefore a great honour to jointly present this manual aimed at putting such an innovative and indispensable international instrument into practice. Directed towards national and regional actors dedicated to preventing torture and ill-treatment in their societies, the manual hopes to serve as a practical tool for the campaign to promote the ratification and implementation of the Optional Protocol. For although the instrument, which will establish a worldwide system of regular visits to places of detention, was successfully adopted by the UN General Assembly on 18 December 2002, a global campaign to ensure its prompt entry into force and its universal application is actively underway. It for this reason that the IIHR, as well as the APT are instigating the dissemination of this material within the international community. This alliance is not the first one between our two institutions. It has to be recalled that in the past IIHR and APT have already actively collaborated, in close coordination with several human rights entities, in the elaboration of general guidelines for effectively investigating instances of torture and other forms of ill- treatment.1 In this context, both institutions present this Manual, which offers basic information related to the Optional Protocol, so that it can be used by a wealth of actors involved in the ratification campaign for this instrument. The first chapter introduces the reader to the Optional Protocol, stressing the need for a new international instrument of this sort within the framework of other relevant norms and mechanisms. The second chapter takes the reader through the history of the conception, negotiation and adoption of the Optional Protocol before the different bodies of the UN to gain a greater understanding of the lengthy and complex process. The third chapter is a commentary on the text of the Optional Protocol, 1 See the Manual on the Investigation and Documentation of Torture and Other Inhuman or Degrading Treatment or Punishment, better know as the “Istanbul Protocol”, adopted by25 human rights institutions and NGOs in Turkey in 2000,Office of the UN High Commissioner for Human Rights, Geneva, New York, 2001. Further, IIHR published in close collaboratión with Penal Reform International (PRI), in 2000, a Manual de Buena Práctica Penitenciaria. Implemenacion de las Reglas Mínimas de Naciones Unidas para el Tratamiento de los Reclusos, IIHR, San José, 2000, which has become a reference tool in the Americas for the implementation of penitentiary policies with a greater focus on international human rights standards. 5 aimed at further expanding on the content of each article, including the significance and background of some of the provisions. Chapter four aims to illustrate the potential impact of a system of regular monitoring of detention facilities, by describing the two main mechanisms established by the Optional Protocol at the international and national level. The final chapter identifies the potential key actors as well as suggesting some actions for the ratification and implementation campaigns. This publication is based on a similar manual on the Optional Protocol to the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), first published in 2000 by the IIHR, which has also become an important essential reference for ratification campaigns for international human rights instruments. Based on the success of this first manual to bolster the ratification process of the Optional Protocol to the CEDAW and their own long-standing commitment to preventing torture in the Americas region, the IIHR and APT decided to agree on a strategic partnership to produce this second manual on the Optional Protocol to the UN Convention against Torture. While the IIHR did not participate in the drafting and negotiation process of the Optional Protocol, it did follow the process closely through the remarkable participation of Judge Elizabeth Odio Benito, a member of the General Assembly of IIHR since 1996, who acted as Chair of the Working Group that drafted the Optional Protocol, and to whom today, as a Judge and Vice President of the International Criminal Court, we extend our deepest gratitude for agreeing to present a foreword to this Manual. In addition to a solid track record of promoting human rights instruments, extensive experience in campaigning strategies of both universal and inter-American instruments, and an extensive network of local partners within the American continent, the IIHR had a specific Program for Prevention of Torture between 1994 and 1999. Since 2002, IIHR has developed in collaboration with the Center for Enforcement of Justice and International Law (CEJIL) a joint initiative aimed at providing psychological assistance to victims of torture within the inter-American system for the protection of human rights For its part, the APT is a non-governmental organisation that was
Load more

Recommended publications
  • 'UK-USA Mutual Defence Agreement'. House Of
    UK-USA Mutual Defence Agreement Standard Note: SN/IA/3147 Last updated: 30 July 2004 Author: Paul Bowers International Affairs and Defence Section The Agreement between the UK and the USA for Cooperation in the Uses of Atomic Energy for Mutual Defence Purposes 1958, also known as the Mutual Defence Agreement (MDA), allows the USA and the UK to exchange nuclear materials, technology and information. It was the result of an amendment to post-War US non-proliferation law, which exempted allies that had made substantial progress in developing nuclear weapons from the general ban on exchanges that might lead to nuclear proliferation. The most important part of the MDA is time limited, and it is due to expire at the end of 2004. The UK and the USA have signed a new treaty to extend this deadline to 2014. This treaty must be ratified by both states. Critics argue that the MDA as amended contravenes the parties’ obligations under the Treaty on the Non-Proliferation of Nuclear Weapons 1968 (Nuclear Non-Proliferation Treaty, or NPT). Further information on the NPT is in SN/IA/491, Treaty on the Non-Proliferation of Nuclear Weapons, 23 March 2004, at: http://hcl1.hclibrary.parliament.uk/notes/iads/snia-00491.pdf The procedure in the USA allows Congress an opportunity to veto the ratification. No such opportunity exists in the UK. This Note describes the MDA, its history, the current amending treaty, the procedures surrounding ratification of that treaty, and the concerns over its relationship with the NPT. Contents A. MDA 3 B.
    [Show full text]
  • Redressing the Democratic Deficit in Treaty Law Making: (Re-)Establishing a Role for Parliament
    Redressing the Democratic Deficit in Treaty Law Making: (Re-)Establishing a Role for Parliament Joanna Harrington* Treaties are a significant source of law on a wide Les traités sont une importante source de droit dans range of subjects, but traditionally do not become domestic bien des domaines, mais ne s’intègrent traditionnellement law without national implementation. Nevertheless, the pas au système juridique intérieur sans une mise en œuvre legal character of treaty rules does place pressure on a nationale. Quoi qu’il en soit, le caractère juridique des state’s domestic institutions to ensure compliance. Given règles issues d’un traité exerce une certaine pression sur les the influence of treaty law, several Commonwealth states institutions nationales afin d’en assurer le respect. Étant provide a role for Parliament in treaty making even though donné l’influence du droit des traités, plusieurs états du at common law, the decision to make a treaty clearly rests Commonwealth accordent au Parlement un rôle dans with a government’s executive branch. Such reforms to the l’élaboration des traités, même si d’après le droit commun, treaty-making process attempt to address complaints that a la décision de rédiger un traité appartient clairement à “democratic deficit” exists, including an additional “federal l’exécutif du gouvernement. De telles réformes du democratic deficit” in federal states arising from the processus d’élaboration des traités tentent de répondre aux absence of a requirement for consultation between the critiques suivant lesquelles il existe un «déficit central and regional bodies. A review of the experiences in démocratique», en plus d’un «déficit démocratique fédéral» Canada, the United Kingdom, and Australia leads to dans des états fédéraux, issu de l’absence d’une obligation several suggested reforms to secure greater legislative de consultation entre l’état central et les gouvernements scrutiny, enhance public awareness, and improve locaux.
    [Show full text]
  • Parliament's Role in Ratifying Treaties
    BRIEFING PAPER Number 5855, 20 January 2017 Parliament's role in By Arabella Lang ratifying treaties Contents: 1. The Government makes treaties 2. Parliament makes any implementing legislation 3. Parliament can object to ratification 4. No requirement for a debate or vote 5. Role of devolved executives and legislatures 6. Different rules for specific types of treaty 7. More parliamentary scrutiny of treaties? www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Parliament's role in ratifying treaties Contents Summary 3 1. The Government makes treaties 5 2. Parliament makes any implementing legislation 7 3. Parliament can object to ratification 8 3.1 Introduction 8 3.2 The Government must lay treaties before Parliament 8 3.3 The Commons can block ratification 9 3.4 Limits of the 2010 Act 9 4. No requirement for a debate or vote 10 5. Role of devolved executives and legislatures 12 6. Different rules for specific types of treaty 13 6.1 Exceptional cases 13 6.2 Memorandums of Understanding 13 6.3 EU Treaties 13 Treaties that amend the EU Treaties 13 EU external agreements 14 6.4 Double taxation agreements 14 7. More parliamentary scrutiny of treaties? 16 7.1 Introduction 16 7.2 Other countries 16 7.3 More debates and votes? 16 Affirmative resolution procedure 16 Other formal requirements for a debate 17 7.4 Before signature? 17 No formal role for Parliament before signature 17 Proposals 18 Cover page image copyright Click & browse to copyright info for stock image 3 Commons Library Briefing, 20 January 2017 Summary The Government makes treaties, but Parliament has a role Although the UK Government is responsible for negotiating, signing and ratifying international treaties, Parliament has a statutory role in ratifying them, and can also be involved in other ways.
    [Show full text]
  • Treaty-Making and the British Parliament -Europe
    Chicago-Kent Law Review Volume 67 Issue 2 Symposium on Parliamentary Participation in the Making and Operation of Article 9 Treaties June 1991 Treaty-Making and the British Parliament -Europe Chicago-Kent Law Review Templeman The Right Honourable The Lord Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Law Commons Recommended Citation Chicago-Kent Law Review Templeman The Right Honourable The Lord, Treaty-Making and the British Parliament -Europe, 67 Chi.-Kent L. Rev. 459 (1991). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol67/iss2/9 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. TREATY-MAKING AND THE BRITISH PARLIAMENT THE RIGHT HONOURABLE THE LORD TEMPLEMAN* I. INTRODUCTION Under English law the capacity to negotiate and conclude treaties falls entirely to the executive arm of government. Nominally Parliament plays no role at all in this process. This paper will explain the British system, the different functions of the executive and legislature, the pro- cess of concluding and implementing treaties, and finally the role played by the courts in upholding this system. An understanding of how trea- ties are entered into and implemented in British law depends on an ap- preciation of the division between the international aspects of treaty- making and the domestic aspects of implementation.
    [Show full text]
  • Appendix D – Speech by the Hon Alexander Downer MP, Minister for Foreign Affairs
    D Appendix D – Speech by the Hon Alexander Downer MP, Minister for Foreign Affairs The Lobby Restaurant, Canberra, Thursday 30 March 2006 (unchecked against delivery) Ladies and gentlemen, Fellow Parliamentarians. Whichever party we come from or support, Liberal, National, Labor or a minor party, I believe we share common ground in wanting to see democracy thrive. Abroad, we see democracy being exercised by millions previously subjected to tyranny and oppression. Australia is playing its part in this liberation. It is equally important that we safeguard democratic principles and institutions at home. Tonight, we gather to put aside party differences for a moment and celebrate the strength of the Australian Commonwealth and our democratic traditions on this, the tenth, anniversary of the Joint Standing Committee on Treaties. 138 TREATY SCRUTINY: A TEN YEAR REVIEW It was back in May 1996 that I set out in Parliament the case for a package of reforms aimed at improving parliamentary scrutiny and public consultation in Australia’s treaty-making process. JSCOT was a major part of that package and has, in its ten years, helped fill what had been seen as a “democratic deficit”, which was undermining public confidence. No longer can Australian Governments legitimately be accused of entering into binding international obligations without adequate democratic consultation. At the same time, the Executive’s capacity to act decisively to further the national interest has been maintained. Tonight, I would like to pay tribute to the key contributions to the public good made by JSCOT and the parliamentarians who have served on it. Ladies and gentlemen, It was with great conviction that the eminent 18th century jurist, Sir William Blackstone, declared that legislative assemblies should never be involved in the conclusion of treaties.
    [Show full text]
  • Reforming the Prerogative in the UK, by Robert Hazell DRAFT: Not for Wider Circulation, Without Consulting [email protected]
    Reforming the Prerogative in the UK, by Robert Hazell DRAFT: Not for wider circulation, without consulting [email protected] Reforming the Prerogative in the UK Paper for Ottawa Workshop October 2019 by Prof Robert Hazell, Constitution Unit, UCL v2 January 2020 Note: Other prerogative powers not considered in this paper: Diplomacy, ceding territory; Passports; Honours; Pardons; Public Inquiries; National Emergencies. Introduction 1 This is a factual account of how the prerogative powers in the UK have gradually been made subject to tighter regulation over the last 20 years. It is confined to tighter political regulation: Sebastian Payne will talk about control of the prerogative by the law and the courts. And it is confined to the main prerogative powers: lesser powers, to issue passports, grant Honours, and pardons are for the moment omitted. PART I: Tighter regulation of the prerogative powers exercised by ministers 2 The first part of this paper considers the main prerogative powers exercised on behalf of the Crown by ministers. They still enjoy considerable discretion, but in recent years most of the important prerogative powers have come under tighter parliamentary control. The initiative for this came originally from the House of Commons Public Administration Select Committee (PASC), chaired by Tony Wright MP, with the baton then being taken up by Gordon Brown. In his first week as Prime Minister in 2007 he published a bold constitutional reform agenda in The Governance of Britain, in which he stated that ‘The Government believes that in general the prerogative powers should be put onto a statutory basis and brought under stronger parliamentary scrutiny and control’.1 The white paper went on to enumerate what it called the ‘prerogative executive powers’ which were going to be more tightly circumscribed: organisation of the civil service; ratification of treaties; going to war; and making public appointments.
    [Show full text]
  • Treaties, Brexit and the Constitution Proceedings
    TREATIES, BREXIT AND THE CONSTITUTION PROCEEDINGS JESUS COLLEGE, OXFORD 23 MARCH 2018 TREATIES, BREXIT AND THE CONSTITUTION Table of Contents INTRODUCTION ........................................................................................................................... 3 PANEL ONE – Parliamentary Sovereignty and the Implications of Miller ..................................... 6 1. Nick Barber (NB) ............................................................................................................................. 6 2. Gerry Facenna (GF) ......................................................................................................................... 7 3. Alison Young (AY) ........................................................................................................................... 8 4. Martin Chamberlain (MC) ............................................................................................................ 10 5. Discussion 1 .................................................................................................................................. 12 PANEL TWO: Parliament’s Role in Negotiating, Concluding and Implementing Treaty Obligations and the Constitutional Reform and Governance Act 2010 ........................................................ 14 6. Jill Barrett (JB) ............................................................................................................................... 14 7. Sylvia de Mars (SdM) ...................................................................................................................
    [Show full text]
  • The Law Society of Scotland's Response
    The Law Society of Scotland’s Response The Progress of the UK’s Negotiations on EU Withdrawal – Role of Parliament Inquiry April 2019 Introduction The Law Society of Scotland is the professional body for over 11,000 Scottish solicitors. With our overarching objective of leading legal excellence, we strive to excel and to be a world-class professional body, understanding and serving the needs of our members and the public. We set and uphold standards to ensure the provision of excellent legal services and ensure the public can have confidence in Scotland’s solicitor profession. We have a statutory duty to work in the public interest, a duty which we are strongly committed to achieving through our work to promote a strong, varied and effective solicitor profession working in the interests of the public and protecting and promoting the rule of law. We seek to influence the creation of a fairer and more just society through our active engagement with the Scottish and United Kingdom Governments, Parliaments, wider stakeholders and our membership. Our Constitutional Law sub-committee welcomes the opportunity to consider and respond to the inquiry by the Exiting the European Union Committee Progress of the UK’s Negotiations on EU Withdrawal – Role of Parliament Inquiry. The sub-committee has the following comments to put forward for consideration. General Comments • What legislation Parliament needs to pass ahead of withdrawal to provide for a functioning statute book Leaving with a Withdrawal Agreement In the event of exit with a Withdrawal Agreement in place there will need to be a statute ratifying the Withdrawal Agreement.
    [Show full text]
  • 1. Craig Prescott
    Title Page ENHANCING THE METHODOLOGY OF FORMAL CONSTITUTIONAL CHANGE IN THE UK A thesis submitted to The University of Manchester for the degree of Doctor of Philosophy in the Faculty of Humanities 2014 CRAIG PRESCOTT SCHOOL OF LAW Contents Title Page 1 Contents 2 Table of Abbreviations 5 Abstract 6 Declaration 7 Copyright Statement 8 Acknowledgements 9 Introduction 10 1. ‘Constitutional Unsettlement’ 11 2. Focus on Procedures 18 3. Outline of the Thesis 24 Chapter 1 - Definitions 26 1. ‘Constitutional’ 26 2. ‘Change’ 34 3. ‘Constitutional Change’ 36 4. Summary 43 Chapter 2 - The Limits of Formal Constitutional Change: Pulling Iraq Up By Its Bootstraps 44 1. What Are Constitutional Conventions? 45 Page "2 2. Commons Approval of Military Action 48 3. Conclusion 59 Chapter 3 - The Whitehall Machinery 61 1. Introduction 61 2. Before 1997 and New Labour 66 3. Department for Constitutional Affairs 73 4. The Coalition and the Cabinet Office 77 5. Where Next? 82 6. Conclusion 92 Chapter 4 - The Politics of Constitutional Change 93 1. Cross-Party Co-operation 93 2. Coalition Negotiations 95 3. Presentation of Policy by the Coalition 104 4. Lack of Consistent Process 109 Chapter 5 - Parliament 114 1. Legislative and Regulatory Reform Act 2006 119 2. Constitutional Reform Act 2005 133 3. Combining Expertise With Scrutiny 143 4. Conclusion 156 Chapter 6 - The Use of Referendums in the Page "3 UK 161 1. The Benefits of Referendums 163 2. Referendums and Constitutional Change 167 3. Referendums In Practice 174 4. Mandatory Referendums? 197 5. Conclusion 205 Chapter 7 - The Referendum Process 208 1.
    [Show full text]
  • Treaty Scrutiny: Working Practices
    HOUSE OF LORDS European Union Committee 11th Report of Session 2019-21 Treaty scrutiny: working practices Ordered to be printed 7 July 2020 and published 10 July 2020 Published by the Authority of the House of Lords HL Paper 97 The European Union Committee The European Union Select Committee and its five sub-committees are appointed each session to consider EU documents and draft laws; to consider other matters relating to the UK’s relationship with the EU, including the implementation of the UK/EU Withdrawal Agreement,and the Government’s conduct of negotiations on the United Kingdom’s future relationship with the European Union; and to consider matters relating to the negotiation and conclusion of international agreements generally. The five Sub-Committees are as follows: EU Environment Sub-Committee EU Goods Sub-Committee EU Security and Justice Sub-Committee EU Services Sub-Committee International Agreements Sub-Committee Membership The Members of the European Union Select Committee are: Baroness Brown of Cambridge Lord Kerr of Kinlochard Lord Sharkey Lord Cavendish of Furness Earl of Kinnoull (Chair) Lord Teverson Baroness Couttie Lord Lamont of Lerwick Lord Thomas of Cwmgiedd Baroness Donaghy Baroness Neville-Rolfe Baroness Verma Lord Faulkner of Worcester Lord Oates Lord Wood of Anfield Lord Goldsmith Baroness Primarolo Baroness Hamwee Lord Ricketts The Members of the International Agreements Sub-Committee are: Lord Foster of Bath Lord Kerr of Kinlochard Lord Oates Lord Fraser of Corriegarth Lord Lansley Lord Robathan Lord Gold Baroness Liddell of Coatdyke The Earl of Sandwich Lord Goldsmith (Chair) Lord Morris of Aberavon Lord Watts Further information Publications, press notices, details of membership, forthcoming meetings and other information is available at http://www.parliament.uk/hleu.
    [Show full text]
  • Waging War: Parliament’S Role and Responsibility
    HOUSE OF LORDS Select Committee on the Constitution 15th Report of Session 2005–06 Waging war: Parliament’s role and responsibility Volume I: Report Ordered to be printed 19 July and published 27 July 2006 Published by the Authority of the House of Lords London : The Stationery Office Limited £price HL Paper 236-I Select Committee on the Constitution The Constitution Committee is appointed by the House of Lords in each session with the following terms of reference: To examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution. Current Membership Viscount Bledisloe Lord Carter Lord Elton Lord Goodlad Baroness Hayman (until 4 July 2006) Lord Holme of Cheltenham (Chairman) Baroness O’Cathain Lord Peston Lord Rowlands Earl of Sandwich Lord Smith of Clifton Lord Windlesham Publications The reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee are available on the internet at: http://www.parliament.uk/parliamentary_committees/lords_constitution_committee.cfm Parliament Live Live coverage of debates and public sessions of the Committee’s meetings are available at http://www.parliamentlive.tv General Information General Information about the House of Lords and its Committees, including guidance to witnesses, details of current inquiries and forthcoming meetings is on the internet at: http://www.parliament.uk/parliamentary_committees/parliamentary_committees26.cfm Contact Details All
    [Show full text]
  • Parliamentary Scrutiny of Treaties: up to 2010
    Parliamentary scrutiny of treaties: up to 2010 Standard Note: SN/IA/4693 Last updated: 25 September 2009 Author: Arabella Thorp Section International Affairs and Defence Section IMPORTANT NOTE Parliament now has a new statutory role in the ratification of treaties, under part 2 of the Constitutional Reform and Governance Act 2010 (which came into force on 11 November 2010). As well as putting parts of the Ponsonby Rule on a statutory footing, it gives the House of Commons the power to block ratification indefinitely. Standard Note SN/IA/5855, Parliament’s new statutory role in ratifying treaties, 8 February 2011, describes the new system. Many international treaties, conventions, protocols and agreements have major implications for domestic law and policy. However, the UK Parliament currently has no formal role in the ratification of most treaties, which is a matter for the Government under the Royal Prerogative. EU treaties aside, there is no legal obligation on the Government to inform Parliament or involve it in treaty-making or ratification. Moreover, there is no legal requirement to consult the devolved executives or legislatures. The lack of formal parliamentary involvement in treaty-making differentiates the UK Parliament from most other national legislatures. There are several less formal ways in which a treaty may be scrutinised by Parliament before the Government ratifies it, for example under the ‘Ponsonby Rule’ which states that any treaty subject to ratification to be laid before Parliament for at least 21 sitting days before ratification is carried out by the executive and that in certain circumstances such treaties will be debated.
    [Show full text]