These two recent court cases in Australia have cast a spotlight on the limitations and potential misuse of diplomatic immunity, particularly concerning the rights and treatment of domestic workers employed by diplomats. The cases involve a former Sri Lankan deputy high commissioner, Himalee Arunatilaka, and a former Indian high commissioner, Navdeep Suri. Both cases revolve around allegations of exploitation and mistreatment of domestic workers brought from their home countries to Canberra.
In both cases, the court found that diplomatic immunity did not apply because the employment relationships were deemed private contracts, separate from the diplomats’ official duties. Arunatilaka was ordered to pay substantial compensation for violating Australian labor laws, while Suri was also fined for breaching the Fair Work Act. Neither diplomat nor their governments engaged with the legal proceedings, raising concerns about the enforcement of these rulings and the potential for diplomatic friction.
These cases underscore a broader issue: the risk of exploitation within diplomatic households and the need for stronger oversight and enforcement of local workplace laws for domestic workers. The legal requirement for employment contracts to meet Australian workplace laws must be more than a formality; it should involve active monitoring to prevent abuse. The potential for similar cases to arise, and the diplomatic tensions they could provoke, highlights the urgency of addressing this issue on an international level.
The cases also reveal a tension between the protections afforded by diplomatic immunity and the rights of individuals employed in diplomatic households. As these rulings demonstrate, diplomatic immunity is not a blanket protection against all legal accountability, especially in cases of labor exploitation. The court’s decisions may set a precedent for how similar cases are handled in the future, but they also point to the need for ongoing vigilance and reform in how domestic workers are treated under diplomatic arrangements.