Canada’s actions are in violation of Vienna Convention, says Jaishankar

Source: The post is based on the article “Canada’s actions are in violation of Vienna Convention, says Jaishankar” published in “The Hindu” on 23rd October 2023

What is the News?

India had recently sent back 41 diplomats of Canada from India citing disparity in the number of diplomats between the two countries . 

However, Canada has accused India of violating the Vienna Convention by forcing it to downsize its mission in India.

On this, the Indian Foreign Minister has said that Canada has only violated the Vienna Convention by not ensuring the safety of Indian diplomats.

What is the Vienna Convention?

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Members: 193 countries have ratified the convention.

Ratification means that a country should seek approval for the treaty on the domestic level and enact a law in their country to give effect to it. 

India ratified it through the Diplomatic Relations (Vienna Convention) Act of 1972.

What does the 1961 Vienna Convention say about recalling diplomats?

Article 9: It says that the receiving State (host country) has the right to declare a diplomat or a member of their staff as “persona non grata” or unwelcome.This decision can be made at any time.

– The host country is not required to provide a detailed explanation for this decision.

Article 11: If there is no specific agreement on the number of diplomats allowed in a mission, the receiving State (host country) can set limits.

– The host country can determine the reasonable and normal size of a diplomatic mission.

– This determination can be made based on the circumstances and conditions in the host country and the specific needs of the mission.

Are there any past instances of recalling diplomats?

In 2017, Russia and the United States asked for each other’s diplomats to be recalled on the principle of parity.

In August,2023 Moldova demanded a reduction of diplomats from Russia on the grounds of parity.