Examples provided by NHRIs acting on extra-territorial
human rights cases within diplomatic missions of the NHRI’s
home State
Australian Human Rights Commission
Australia has human rights obligations under the ICCPR and certain other human rights
instruments outside its territory when it is exercising ‘effective control’ over people or territory.
The Commission has jurisdiction to inquire into allegations that the Commonwealth, that
is, the federal level of the State, has acted in a way that is inconsistent with or contrary
to Australia’s obligations under the ICCPR and certain other human rights instruments,
including where the relevant acts occurred outside Australia’s territory. The Commission’s
jurisdiction extends to acts or practices of the Commonwealth. This includes acts or practices
done by or on behalf of the Commonwealth or by an authority of the Commonwealth or
under a Commonwealth law.7 The Commission has accepted and investigated complaints
of sex and racial discrimination in employment in Australian diplomatic missions.
Bahrain National Institution for Human Rights
The Institution’s quasi-judicial jurisdiction in the field of human rights protection extends
within the geographical scope of the territory of the Kingdom of Bahrain (land, sea and air).
Since, according to the principles of the rules of public international law, especially those
regulating diplomatic relations, a diplomatic mission is considered part of the territory of the
mother country, the Institution’s authority extends to protect human rights over the actions
occurring at a diplomatic mission of the Kingdom of Bahrain.8
National Human Rights Commission of the Republic of Korea
Korean diplomatic missions abroad are considered part of the territory of the Republic of
Korea and therefore fall within the jurisdiction of the NHRCK. This includes cases such as
improper administrative actions by embassy staff or human rights violations against local
staff within the missions.
In 2017 the NHRCK issued a decision recognising the actions of a Korean diplomat accused
of sexually harassing a local staff member at the Embassy of the Republic of Korea in New
Zealand, as sexual harassment. The NHRCK recommended an amount of compensation to
be paid to the victim.9
National Human Rights Commission of Thailand
Although the NHRCT has not conducted full investigations into human rights violations
occurring within Thailand’s diplomatic missions abroad, it has the capacity to address such
issues indirectly through domestic mechanisms and inter-agency collaboration.10
7. From information provided for this paper by the Australian Human Rights Commission.
8. From information provided for this paper by the Bahrain National Institution for Human Rights.
9. From information provided for this paper by the National Human Rights Commission of the Republic of Korea.
10. From information provided for this paper by the National Human Rights Commission of Thailand.
National action on international issues
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