VIENNA CONVENTION ON CONSULAR ACCESS

VIENNA CONVENTION ON CONSULAR ACCESS

Subject: International Conventions

Context: Ramesh Taba Sosa, an Indian fisherman, is the latest victim of an inhuman and skewed system involving India and Pakistan, in which mortal remains of prisoners are not repatriated for months.

Concept:

• India and Pakistan signed the Agreement on Consular Access in 2008. Though the deal has a few lacunae, it was significant.
• Section 4 of the agreement said, “Each government shall provide consular access within three months to nationals of one country, under arrest, detention or imprisonment in the other country.”
• Further, Section 5 of the agreement stated, “Both governments agree to release and repatriate persons within one month of confirmation of their national status and completion of sentences.”

Vienna Convention on Consular Relations of 1963

• It is an international treaty that defines consular relations between independent states.
• A consul, who is not a diplomat, is a representative of a foreign state in a country and works for the interests of his countrymen in the host country.
• Article 36 of the Vienna Convention states that foreign nationals who are arrested or detained be given notice without delay of their right to have their embassy or consulate notified of that arrest.
• The notice to the consulate can be as simple as a fax, giving the person’s name, the place of arrest, and, if possible, something about the reason for the arrest or detention.