Executive summary
National human rights institutions (NHRIs) are independent legal entities established by law to
promote and protect human rights. For that reason they are subject to the laws under which
they are established and operate. The principal focus of those laws is always domestic but
NHRIs’ jurisdictions are not exclusively domestic. In fact, under their laws NHRIs have a range
of roles and responsibilities and can undertake a range of functions in relation to extra-territorial
human rights cases and situations. Each NHRI’s ability to deal with extra-territorial cases and
situations depends on its law. In fact, NHRI laws often give NHRIs significant scope for this.
The operations of NHRIs in the Asia Pacific region demonstrate how, within their legal mandates,
they have been able to respond to extra-territorial cases and situations. They have investigated
and acted on extra-territorial violations of human rights by officials of their home country and
extra-territorial violations of the rights of citizens of their home country. They have investigated
and reported and advised on broad systematic patterns of human rights violation, at least part
of which arises outside their home country.
Many examples of these actions are included in this paper. The examples show how NHRIs
have sought to respond to some of the most important and most challenging human rights
issues: the extreme violence and the Israeli Occupation in Palestine, military dictatorship and
its consequences in Myanmar, climate change, mining and other business operations, migrant
workers. Many NHRIs have been willing and able, within the scope of their legislation, to deal
with some of the most difficult human rights issues.
The best way to explore the scope of NHRI roles in relation to extra-territorial human rights
cases and situations is through their specific functions. The most relevant functions, but not the
only relevant ones, are
• The investigation and resolution of cases of human rights violation
• National inquiries into systemic patterns of human rights violation
• Advice and recommendation on human rights promotion and protection
• International cooperation
• Human rights education.
NHRIs in the Asia Pacific region have been active in dealing with extra-territorial human rights
cases and situations under all these functions. There is considerable scope, however, for more
NHRIs to be more active in these areas. This paper demonstrates that and shows how.
National action on international issues
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