Vandalism by pro-Khalistan protestors at Indian High Commission, London

Vandalism by pro-Khalistan protestors at Indian High Commission, London

Subject : International Relations

Section :International Organization 

Concept :

• Hours after a group of people chanting pro-Khalistan slogans took down the Indian flag at the High Commission in London, the Indian government on Sunday summoned the “senior-most” UK diplomat, Deputy High Commissioner Christina Scott, and lodged a strong protest.
• An explanation was demanded for the complete absence of the British security that allowed these elements to enter the High Commission premises.
• She was reminded in this regard of the basic obligations of the UK Government under the Vienna Convention.

Vienna Convention on Diplomatic Relations 1961

• The Vienna Convention on Diplomatic Relations was adopted in 1961 by the United Nations Conference on Diplomatic Intercourse and Immunities held in Vienna, Austria.
• It provides a complete framework for the establishment, maintenance and termination of diplomatic relations on a basis of consent between independent sovereign States.
• This treaty lays down the rules and regulations for the privileges that diplomats enjoy in other countries.
• The treaty entered into force in April 1964 and currently, there are 192 parties to the convention.
• The Vienna Convention applies not only to diplomats but also to both military and civilian personnel from the military departments, who are present in the country under the authority of the chief of the diplomatic mission.
• Although this convention formalizes diplomatic immunity and codifies rules for diplomatic relations between nations, informally these regulations were in practice for at least 200 years.
• In ancient times, the Indian, Greek and Roman civilizations had privileges for diplomats of foreign countries.
• The first attempt in modern times to codify diplomatic immunity occurred in 1815 at the Congress of Vienna.
• An important aspect of the treaty is the provision of legal immunity for diplomats so that they don’t have to face prosecution according to the laws of the host country.
• The Vienna Convention holds that persons working as diplomats are “inviolable” and therefore cannot be detained or arrested.
• Host nations are also obliged to protect diplomats from attacks on their freedom and dignity.
• Another related treaty is the Vienna Convention on Consular Relations, adopted in 1963 and effective from 1967.

Obligations of a “receiving State” under the Vienna Convention

• As per the Vienna Convention, a “receiving State” refers to the host nation where a diplomatic mission is located.
• Article 22 of the Convention deals with obligations with regards to the premises of the Mission.
• Part 2 of this article states that “The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity”.

Did the UK not fulfil its obligations in this instance?

• The fact that protestors were able to climb the walls of the High Commission premises indicates a breach.
• India finds the UK government’s indifference to the security of Indian diplomatic premises and personnel in the UK unacceptable.
• UK has condemned the event and promised to take the security of the Indian High Commission in London seriously.

Other Popular Vienna Conventions

• Vienna Convention on Diplomatic Relations (1961)
• Vienna Convention on Consular Relations (1963)
• Vienna Convention on the Law of Treaties (1969)
• Vienna Convention on Civil Liability for Nuclear Damage (1977)
• Vienna Convention on Succession of States in respect of Treaties (1978)
• Vienna Convention on the Physical Protection of Nuclear Material (1987)
• Vienna Convention on the Protection of the Ozone Layer (1985)
• Vienna Convention for the Protection of the Stratospheric Ozone Layer (1985)