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Contents
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Introduction
Recently, India has sent back 41 diplomats of Canada from New Delhi citing disparity in the number of diplomats between the two countries . However, Canada contends that New Delhi has not upheld its obligations under the Vienna Convention on Diplomatic Relations, 1961. However, MEA has insisted that its actions of sending back 41 diplomats is not against the Vienna Convention principles.
What is Vienna Convention on Diplomatic Relations, 1961?
About Vienna Convention on Diplomatic Relations 1961
| Signed- 1961 Entered into Force- April 24, 1964 Ratification by Nations- Universal ratification (Exception of Palau and South Sudan) Purpose- Provides a comprehensive basis for the establishment, maintenance and termination of diplomatic relations with the consent of independent Sovereign States. |
Important articles of the Vienna Convention on Diplomatic Relations 1961
| Article 22 | Deals with the ‘Inviolability’ of mission premises- Bars the entry of law enforcement officers of the ‘receiving state/host state’ in the mission premises. Imposes a special duty on the ‘receiving State/host’ to protect the premises against intrusion, damage, disturbance of the peace or infringement of dignity. |
| Article 24 | Deals with ‘inviolability’ of mission archives and documents- The ‘receiving state/host state’ may not seize or inspect the mission archives and documents or permit their use in legal proceedings. |
| Article 27 | Guarantees free communication between a diplomatic mission and its sending State- The diplomatic bag carrying such communications may not be opened or detained even on suspicion of abuse. |
| Article 29 | ‘Inviolability’ for the person of diplomats and provides for their immunity from civil and criminal jurisdiction. |
| Article 36 | Exemption from customs duties on diplomatic imports throughout a diplomat’s posting. |
What is the Significance of the Vienna Convention on Diplomatic Relations?
Vienna convention on Diplomatic Relations was signed in 1961 to provide a comprehensive basis for the diplomatic relations between two countries. The significance of the Convention is mentioned below-
Codification of ‘diplomatic immunity’- The convention has codified the privileges of ‘diplomatic immunity’. This has allowed diplomats to carry out their duties without fear of coercion or harassment.
Reaffirmation of the concept of ‘inviolability’ of Diplomatic Missions- The convention guarantees freedom of expression & dignity, right to life and liberty to the diplomatic mission through these provisions. The provisions ensure the efficient performance of the functions of diplomatic missions.
Development of ‘friendly relations’- The rules of the convention are intended to facilitate the development of friendly relations among nations, irrespective of their differences of constitutional and social systems.
What are the Challenges with the Vienna Convention on Diplomatic Relations?
However the Vienna Convention on diplomatic relations has been facing the following challenges-
Unilateral introduction of changes in the application of the convention by Western Countries- The developed western countries have violated the ‘immunity’ granted to the diplomats in their countries. They have applied their humanitarian and labour laws, to selectively target the diplomats of developing countries. Ex- Arrest of Indian Diplomat ‘Devyani Khobragade’ by the US on account of domestic help’s abuse.
Abuse of ‘diplomatic immunity’- ‘Diplomatic immunity’ has been misused as it has been allowed to shield crimes like sexual abuse, molestation and human trafficking by the diplomats. Ex-The Consul General of Bahrain in 2013 invoked ‘diplomatic immunity’ to avoid his arrest in the molestation case in Mumbai.
Use of the Convention’s privileges for ‘espionage’- The convention provides a safety cover to the undercover intelligence officers posted under cover in Embassies who are mainly involved in espionages in the host country soil.
No definition of ‘household/family’ in the convention- The official definition of family differs from country to country. In case of Western countries applying their official definition of family, many diplomats from developing countries with elderly single parents or dependent university going children face problems. On the other hand, western countries demand that live-in partners of their diplomats be accepted as family members under the Convention.
Unfair application of the ‘principle of reciprocity’- Principle of reciprocity is applied if a diplomatic privilege is restricted or denied to one country, even if it is applied uniformly to all diplomats stationed there. On account of their power and economic clout some countries, unfairly apply the ‘principle of reciprocity’. Ex- Recent case of India sending back the 41 Canadian diplomats has been termed as unfair application of the ‘principle of reciprocity’ by the Canadian authorities.
No absolute freedom of movement of diplomats- Many countries require that diplomats seek the clearance of the Foreign Ministries before leaving the capital city. In any event, sensitive areas are out of bounds for them. Ex- Indian Supreme Court’s decision to not allow the Italian Ambassador in to leave the country in 2012 was termed as a violation of the Convention’s principles of freedom of movement.
Past instances of complete violation of the Convention principle- The Convention principles have been entirely violated at times, rendering the convention as totally ineffective. For example- Iran taking the complete US diplomats as hostage and attack on American embassy in 1979.
Conclusion
The Vienna Convention is now 60 years old. In these decades, the world, including that of diplomacy, has changed in fundamental ways. A review of the Convention is imminent now.
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