Advice and recommendation in relation to extra-territorial human rights situations The role of NHRIs in relation to extra-territorial human rights situations is a more complex issue than dealing with extra-territorial human rights cases. Because each NHRI’s legal focus is the promotion and protection of human rights within its own country, the initial response to an extra-territorial human rights situation is likely to be that the NHRI has no power under its law to act on the situation. The legal position, however, is not so definite. All NHRIs have a function to provide advice and recommendations to their governments and parliaments on laws that should be made and action that should be taken to ensure better promotion and protection of human rights. The scope of this function varies from one NHRI to another, according to its law. In no instances is it an unlimited function, that is, a general function to deal with any human rights situation anywhere in the world. There should normally be some factual or legal connection to the NHRI’s home country that triggers the NHRI’s jurisdiction. However, the function is not restricted to situations within the territory of the home country. A factual connection exists where the extra-territorial human rights situation affects the territory or the citizens of the NHRI’s home State. A legal connection exists where the extra-territorial human rights situation engages the obligations of the NHRI’s home State under international law. National action on international issues: issues 21

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