VIENNA CONVENTION

1. Context 

2. Key Points

• On March 22, 2023 cement blocks that acted as barricades in front of the British High Commission in Delhi and the British High Commissioner's residence were removed, in what was seen as retaliation for the lack of visible security at the Indian High Commission in London.
• On the same day, a group of pro-Khalistan protesters attacked and damaged the Indian Consulate in San Francisco.
• Raising pro-Khalistan slogans, the protesters broke open the makeshift security barriers raised by the city police and installed two Khalistani flags inside the Consulate premises. 
• Two consulate personnel soon removed these flags.
• On the London incident, a statement by the Ministry of External Affairs said, "The explanation demanded the complete absence of British security that allowed these elements to enter the High Commission premises. Dy High Commissioner Scott was reminded in this regard of the basic obligations of the UK Government under the Vienna Convention".

3. About Vienna Convention

• The term "Vienna Convention" can refer to any of several treaties signed in Vienna, most of which are related to the harmonisation or formalisation of the procedures of international diplomacy.

• The Convention 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.
• It affirms the concept of "inviolability of a diplomatic mission, which has been one of the enduring cornerstones of international diplomacy.
• The Vienna Convention on Diplomatic Relations entered into force on April 24, 1964, and is nearly universally ratified, with Palau and South Sudan being the exceptions.

5. Obligations of a receiving state

• As per the Vienna Convention, a "receiving State" refers to the host nation where a diplomatic mission is located.
• In this case, the host nation is the UK and as per the Vienna Convention has some basic obligation towards the diplomatic missions it hosts on its sovereign territory.
• Article 22 of the Convention deals with obligations about 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 prevent any disturbance of the peace of the mission or impairment of its dignity".
• The security of any High Commission or Embassy is the responsibility of the host nation. 
• While diplomatic missions can also employ their security, ultimately, the host nation is accountable for security.

6. UK did not fulfil its obligations

• The fact that protestors were able to climb the walls of the High Commission premises indicates a breach.
• India finds unacceptable the indifference of the UK Government to the security of Indian Diplomatic premises and personnel in the UK.
• It is expected that the UK Government would take immediate steps to identify, arrest and prosecute each one of those involved in today's incident and put in place stringent measures to prevent the recurrence of such incidents.

7. UK response

• The UK too has reacted strongly, condemning the event. The British High Commissioner to India Alex Ellis said that the disgraceful acts today against the people and premises of the High Commission in London are unacceptable.
• The UK Foreign Office Minister Tariq Ahmad said that the UK government will "always" take the security of the Indian High Commission in London "Seriously".

For Prelims & Mains

Previous Year Questions