Article 30 extends this provision to the private residence of the diplomats.įurthermore, 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. Īlso, 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. The declaration may also be a symbolic indication of displeasure. 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. Breaches of these articles can lead to a persona non grata declaration being used to punish erring staff. 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, they are bound to respect national laws and regulations. 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. The implication of this is that a person so declared is considered unacceptable and is usually recalled to his or her home nation. 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 sending state must recall this person within a reasonable period of time, or otherwise, this person may lose diplomatic immunity. It is very important to take into consideration some key provisions in this treaty that allows for this harmonious relationship between countries.įirstly, 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. Overview of Some Basic Key Provisions of the United Nations Vienna Convention on Diplomatic Relations and Some Privileges Enjoyed By DiplomatsĪs 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. 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. Their function to negotiate agreements between states demands certain special privileges. Throughout the history of sovereign states, diplomats have enjoyed a special status. The Convention emphasizes the importance of diplomacy in maintaining international peace and security, and it has been instrumental in promoting diplomatic relations among countries.
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. These include:Ī) Immunity from the criminal jurisdiction of the host country.ī) Inviolability of the diplomat’s person and residence.Ĭ) Exemption from taxation and customs duties.ĭ) The right to use diplomatic bags and to communicate freely with the home country. The Vienna Convention outlines the privileges and immunities that diplomats and their families are entitled to while serving in a foreign country. Outline of Privileges and Immunities Conferred to Diplomats and their Families Under Vienna Conventions.
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