Second Optional Protocol

The Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty is one of the five international human rights treaties that make up the International Bill of Human Rights.

• The Second Optional Protocol makes it a fundamental human right not to be executed. It prohibits the execution of anyone under the law of a ratifying country. The protocol also implicitly prohibits the reintroduction of the death penalty.

• The Second Optional Protocol entered into force in international law on 11 July 1991. It has currently been ratified by 66 nations, and signed by a further 35 countries. (‘Signing’ a treaty is the first step in ratifying it, but does not bind the signatory country.) Australia acceded to the protocol on 2 October 1990. (The process of ‘accession’ involves the simultaneous signing and ratification of a treaty.)

If you want to read more about the Second Optional Protocol, you can read CCL's background paper.

It is official Australian policy to encourage all nations to ratify the Second Optional Protocol. According to Foreign Minister, Mr Alexander Downer:

"Australia encourages universal ratification of the Second Optional Protocol of 1989 to the International Covenant on Civil and Political Rights which requires states-parties to abolish the death penalty within their jurisdictions."
Hansard, House of Reps, 16 August 2006, 222

Who's signed the Second Optional Protocol?

As of 4 April 2008 the following 66 countries had ratified the Second Optional Protocol:

DO YOU WANT TO HELP
ensure that the Second Optional Protocol
protects all Australians?

CCL is working to ensure that the Australians States cannot re-introduce the death penalty.

CCL is working with federal parliamentarians to introduce the Second Optional Protocol (abolishing the death penalty) into Australian law. By introducing the Optional Protocol into Australian law and binding the States, the federal Constitution will ensure that any attempt by the States to reintroduce the death penalty will be unconstitutional.

CCL has proposed an amendment to the Death Penalty Abolition Act 1973 to do just that. You can read about this proposal in CCL's background paper on the Second Optional Protocol.

Click here to find out how you can help CCL ensure that the death penalty is not re-introduced in Australia.