Throughout the history of sovereign states, diplomats have enjoyed a special status. Their function to negotiate agreements between states demands certain special privileges. An envoy from another nation is traditionally treated as a guest, their communications with their home nation treated as confidential, and their freedom from coercion and subjugation by the host nation treated as essential.
INTRODUCTION
The Vienna Convention on Diplomatic Relations is a treaty between countries that establishes the framework for diplomatic relations between states. The convention was adopted in Vienna, Austria, in 1961, and has been ratified by over 190 countries.
Most notably, it codifies the longstanding custom of diplomatic immunity in which diplomatic missions are granted privileges that enable diplomats to perform their functions without fear of coercion or harassment by the host country. The Vienna Convention is a cornerstone of modern international relations and international law and is almost universally ratified and observed; it is considered one of the most successful legal instruments drafted under the United Nations.[1]
Outline of Privileges and Immunities Conferred to Diplomats and their Families Under Vienna Conventions.
The Vienna Convention outlines the privileges and immunities that diplomats and their families are entitled to while serving in a foreign country. These include:
The Convention also establishes the principle of reciprocity, which means that the privileges and immunities granted to diplomats of one country in another country must be reciprocated.
The Convention emphasizes the importance of diplomacy in maintaining international peace and security, and it has been instrumental in promoting diplomatic relations among countries.
Throughout the history of sovereign states, diplomats have enjoyed a special status. Their function to negotiate agreements between states demands certain special privileges. An envoy from another nation is traditionally treated as a guest, their communications with their home nation treated as confidential, and their freedom from coercion and subjugation by the host nation treated as essential.
Overview of Some Basic Key Provisions of the United Nations Vienna Convention on Diplomatic Relations and Some Privileges Enjoyed By Diplomats
As earlier noted, the United Nations Vienna convention on diplomatic relations is a treaty that is aimed at promoting friendly relations among governments through a uniform set of principles.[2] It is very important to take into consideration some key provisions in this treaty that allows for this harmonious relationship between countries.
Firstly, it is expedient to underscore the fact that the Host nation at any time and for any reason can declare a particular member of the diplomatic staff to be persona non grata. The sending state must recall this person within a reasonable period of time, or otherwise, this person may lose diplomatic immunity.[3] In diplomacy, “persona non grata” is a status applied by a host country to foreign diplomats to remove their protection of diplomatic immunity from arrest and other types of prosecution. The implication of this is that a person so declared is considered unacceptable and is usually recalled to his or her home nation. If not recalled, the receiving state “may refuse to recognize the person concerned as a member of the mission”. A person can be declared persona non grata before that person even enters the country.
With the protection of mission staff from prosecution for violating civil and criminal laws, depending on rank, under Articles 41 and 42 of the Convention[4], they are bound to respect national laws and regulations. Breaches of these articles can lead to a persona non grata declaration being used to punish erring staff. It is also used to expel diplomats suspected of espionage, described as “activities incompatible with diplomatic status”, or any overt criminal act such as drug trafficking. The declaration may also be a symbolic indication of displeasure.[5]
Also, the premises of a diplomatic mission, diplomatic premiers are the houses of ambassadors and are inviolable and must not be entered by the host country except by permission of the head of the mission; likewise, the host country must never search the premises, may not seize its documents or property, and must protect the mission from intrusion or damage.[6]Article 30[7] extends this provision to the private residence of the diplomats.
Furthermore, another key provision of the treaty is that the host country must permit and protect free communication between the diplomats of the mission and their home country. A diplomatic bag must never be opened, even on suspicion of abuse, and a diplomatic courtier must never be arrested or detained.[8] Also, the convention further reveals that Diplomats must not be liable for any form of arrest or detention, and the receiving state must make all efforts to protect their person and dignity.[9] Diplomats are immune from the civil and criminal jurisdiction of the host state, with exceptions for professional activities outside the diplomat’s official functions.[10]Article 32[11] permits sending states to waive this immunity.
Lastly, Diplomatic missions are exempt from taxes and customs duties.[12] Family members of diplomats living in the host country enjoy most of the same protections as the diplomats themselves.[13]
The Practicabilityofthe Vienna Convention amongst Signatory States.
The Convention has established itself as a cornerstone of modern international relations. Despite the need for implementing national legislation in several States, it came into force following 22 ratifications only three years after its adoption and almost all States in the world are now parties.
The regimeit sets out for the conduct of diplomatic relations has become remarkably uniform as reservations made by ratifying States on a few points which had been controversial during the negotiations have in many cases been withdrawn or simply never applied. The Convention has proved resilient to attack its fundamental principles. But in practice, there has been remarkably little erosion of the immunities of diplomats as it has been widely accepted that the Convention rules limit immunities to what is essential for the functioning of diplomacy.[14]
CONCLUSION
The Convention sets out the privileges and immunities of diplomats and their families, including immunity from arrest and prosecution, tax exemptions, and the inviolability of diplomatic premises. It also defines the functions of diplomatic missions, the status of diplomatic personnel, and the rules governing the exchange of diplomatic communications. The Convention has been widely adopted by signatories, and many countries have implemented its provisions in their national laws.
However, the extent of implementation varies among states, and there have been instances where signatories have failed to comply with the Convention’s provisions. For example, in recent years, there have been several instances of diplomatic immunity being abused or waived improperly, leading to diplomatic controversies and strained relations between countries. There have also been cases where diplomatic premises have been improperly searched or seized, in violation of the Convention’s provisions. Despite these challenges, the Vienna Convention on Diplomatic Relations remains an essential framework for international diplomacy, ensuring that diplomatic missions can function effectively and facilitating communication and cooperation between states.
SNIPPET
Throughout the history of sovereign states, diplomats have enjoyed a special status. Their function to negotiate agreements between states demands certain special privileges. An envoy from another nation is traditionally treated as a guest, their communications with their home nation treated as confidential, and their freedom from coercion and subjugation by the host nation treated as essential.
Keywords:
Diplomats, International conventions in signatory states, Sovereignty of Nations.
AUTHOR: Oyetola Muyiwa Atoyebi, SAN
Mr Oyetola Muyiwa Atoyebi, SAN is the Managing Partner of O. M. Atoyebi, S.A.N & Partners (OMAPLEX Law Firm).
Mr. Atoyebi has expertise in and vast knowledge of International Law Practice and this has seen him advise and represent his vast clientele in a myriad of high-level transactions. He holds the honour of being the youngest lawyer in Nigeria’s history to be conferred with the rank of Senior Advocate of Nigeria.
He can be reached at [email protected]
CONTRIBUTOR: Jamilu Samaila