VIENNA CONVENTION - INTERNATIONAL

VIENNA CONVENTION - INTERNATIONAL

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

What's in the news?

●       Canada’s inability to provide safety and security to Indian diplomats challenges the “most fundamental aspect” of the Vienna Convention on Diplomatic Relations.

Key takeaways:

●       Ensuring diplomats’ safety is most fundamental part of Vienna Convention, Dr Jaishankar says; India reviewing security situation that led to Indian missions suspending visa services in Canada.

Vienna Convention on Diplomatic Relations:

●       The Convention was adopted on 14th April 1961 by the United Nations Conference on Diplomatic Intercourse and Immunities held in Vienna, Austria.

●       India has ratified the convention.

●       It entered into force on April 24, 1964 and is nearly universally ratified, with Palau and South Sudan being the exceptions.

●       It sets out the special rules – privileges and immunities – which enable diplomatic missions to act without fear of coercion or harassment through enforcement of local laws and to communicate securely with their sending Governments.

●       It makes provision for withdrawal of a mission – which may take place on grounds of economic or physical security – and for breach of diplomatic relations which may occur in response to abuse of immunity or severe deterioration in relations between sending and receiving States.

●       A “receiving State” refers to the host nation where a diplomatic mission is located.

●       In either of these cases – or where permanent missions have not been established – a framework is provided for the interests of each sending State to be protected in the receiving State by a third State.

●       It affirms the concept of “inviolability” of a diplomatic mission, which has been one of the enduring cornerstones of international diplomacy.

●       Basically, the security of any High Commission or Embassy is the responsibility of the host nation. While diplomatic missions can also employ their own security, ultimately, the host nation is accountable for security.

●       The difference between high commission and embassy is basically where they are situated. The Commission applies to Commonwealth member states whereas the Embassy applies to the rest of the world.

Some features of the convention are:

1. Inviolability: One of the core principles of the VCDR is the inviolability of diplomatic agents and missions. This means that diplomatic agents and their premises are immune from the jurisdiction of the host state. The receiving state must protect the premises and agents against intrusion, search and arrest.
2. Diplomatic Immunity: Diplomatic agents enjoy various forms of immunity, including personal inviolability, exemption from taxes and immunity from civil and criminal jurisdiction. This immunity facilitates their role in representing their home country and conducting diplomatic business.
3. Freedom of Communication: Diplomatic agents have the right to communicate freely with their government. The VCDR ensures that diplomatic bags, documents and communications are protected and not to be opened or detained.
4. Non-Interference in Internal Affairs: The Vienna Convention explicitly states that diplomatic agents must not interfere in the internal affairs of the host state. They are expected to conduct their diplomatic activities in a manner consistent with the laws and regulations of the receiving state.
5. Duty to Respect Laws and Regulations: Diplomatic agents are obligated to respect the laws and regulations of the host state. They must not abuse their privileges and immunities.
6. Termination of Diplomatic Relations: The convention outlines the procedures for the termination of diplomatic relations between states, including the withdrawal of a diplomatic agent and the closure of a diplomatic mission.
7. Consular Relations: The Vienna Convention on Consular Relations, adopted in 1963, complements the VCDR by establishing rules for consular relations between states. While the VCDR primarily deals with diplomatic missions, the Convention on Consular Relations focuses on consular missions and officers.
8. Optional Protocols: The VCDR has optional protocols, which include additional provisions and reservations. States may choose to adopt these protocols to modify certain aspects of the convention to meet their specific needs.