Daily Current Affairs : 23-October-2023
In recent news, amidst the ongoing tension between India and Canada, the Canadian government made a significant move by recalling 41 diplomats and their family members stationed in India. This development has sparked discussions about the Vienna Convention on Diplomatic Relations (1961) and its relevance in such diplomatic scenarios.
Understanding the Vienna Convention:
The Vienna Convention on Diplomatic Relations, established in 1961, stands as a vital United Nations treaty endorsed by 61 countries. This treaty serves as a framework for diplomatic interactions between independent nations, emphasizing the need for friendly relations and open communication channels. At its core, the convention ensures diplomatic immunity for representatives of foreign countries, allowing them to function without fear or intimidation from the host nation.
Principle of Diplomatic Immunity:
One of the essential aspects of the Vienna Convention is the principle of diplomatic immunity. This privilege grants diplomats exemption from specific laws and taxes in the host country. The concept of diplomatic immunity aims to foster a secure environment for diplomats to execute their duties effectively. It is supported by two key conventions: the 1961 Vienna Convention and the Convention on Consular Relations, 1963.
Notably, 193 countries have ratified this convention, making it legally binding for them. India, too, ratified it through the Diplomatic Relations (Vienna Convention) Act of 1972.
Article 11 of the Vienna Convention and Diplomatic Recall:
Article 11 of the Vienna Convention outlines the procedure for recalling diplomats. It grants the receiving State the authority to declare any member of the diplomatic staff persona non grata or unwelcome without having to provide a detailed explanation. In such instances, the sending State is obligated to either recall the individual in question or terminate their functions within the mission. If the sending State fails to comply within a reasonable timeframe, the receiving State holds the right to refuse recognition of the individual as a member of the mission.
Furthermore, the receiving State can regulate the size of the diplomatic mission within reasonable and normal limits in the absence of specific agreements on its size.
Important Points:
- Vienna Convention on Diplomatic Relations (1961):
- Established by the United Nations, signed by 61 countries in 1961.
- Sets common principles and terms for diplomatic interactions among nations.
- Aims to ensure the development of friendly relations and open communication channels between countries.
- Diplomatic Immunity:
- Diplomatic immunity exempts diplomats from specific laws and taxes in the host country.
- Ensures diplomats can function without fear, threat, or intimidation from the host nation.
- Supported by the 1961 Vienna Convention and the Convention on Consular Relations, 1963.
- Ratified by 193 countries, making it legally binding for them.
- Article 11 of the Vienna Convention:
- Allows the receiving State to declare any member of the diplomatic staff persona non grata without detailed explanation.
- Sending State must recall the individual or terminate their functions within the mission.
- Receiving State can refuse recognition if the sending State fails to comply within a reasonable timeframe.
- Provides the receiving State the authority to regulate the size of the diplomatic mission within reasonable and normal limits in the absence of specific agreements.
- India’s Ratification:
- India ratified the Vienna Convention through the Diplomatic Relations (Vienna Convention) Act of 1972.
- Recent Diplomatic Standoff Between India and Canada:
- Canada recalled 41 diplomats and their family members stationed in India amid ongoing tensions.
- This move raised questions about the application of the Vienna Convention in diplomatic crises.
- Importance of the Vienna Convention:
- Provides a framework for diplomatic interactions, emphasizing friendly relations and open communication.
- Crucial for fostering mutual respect and cooperation between nations.
- Essential for navigating diplomatic relationships, ensuring peaceful resolutions, and upholding the dignity of nations involved.
Why In News
Amid the ongoing standoff between India and Canada, the Canadian government announced it has recalled 41 diplomats posted in India, and their family members, escalating tensions between the two nations and raising concerns about the future of diplomatic relations between them.
MCQs about Diplomatic Standoffs:Vienna Convention and Recent Recalls
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What is the primary purpose of the Vienna Convention on Diplomatic Relations (1961)?
A. To establish trade agreements between nations.
B. To ensure friendly relations and open communication channels between countries.
C. To regulate immigration policies worldwide.
D. To promote cultural exchanges between nations.
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What does diplomatic immunity entail according to the Vienna Convention?
A. Exemption from specific laws and taxes in the host country for diplomats.
B. Exclusive access to confidential government documents.
C. Right to engage in political activities in the host country.
D. Immunity from civil lawsuits filed by other diplomats.
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Under what circumstances can a receiving State declare a diplomat persona non grata according to the Vienna Convention?
A. Without any explanation, at any time.
B. Only if the diplomat commits a serious crime in the host country.
C. If the sending State agrees to the decision.
D. After a formal trial conducted by an international court.
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