Vienna Convention that upholds equality among nations

by Sarath Wijesinghe

It is time for the international community in Sri Lanka be reminded on the basic concepts and practices of diplomacy, diplomatic relations and Vienna Convention on which the diplomatic relations and in the world of nations and conduct is codified.

This codification is based on international law, international relations and respect to each other however powerful or weak the members of the nations are. The equality equal treatment and fair play runs through the length and breath of the Vienna Convention on the law of diplomatic relations which was adopted on 16th April 1961 by the United National Conference on Diplomatic and Immunities relations held in Vienna.

Before the Vienna Convention came into force, diplomatic relations were governed by generally accepted international law and relations. Today family of nations maintain good relations and close bonds based on the convention which has shown being the piece of international document which is the live wire and the bond of brotherhood.

The success depends on the conduct of the sending nations and the receiving nation. Sri Lanka has throughout maintained highest standards in diplomacy and shown great maturity though a small but a senior member of the family of nations.

The Convention entered into force on 24th of April 1964 and all the diplomatic missions based in Sri Lanka today are governed by this International Peace of Legislation. Since then countries abide by the rules and conventions and diplomatic missions generally functioned smoothly.

The parties to the Convention has accepted the equality among nations and to respect the Charter of the United Nations, sovereignty, equality of states the maintenance of international peace and security and promotion of friendly relations among nations. The basis and success of the diplomacy was based on respect to each other, understanding each other issues and problems, non interference, and friendship. Nations respected each other irrespective of the size and power. It was very seldom disputes arose even during the cold war.

In furtherance to these principles the state parties have been given privileges and immunities in the receiving states. More over rules of customary international law should continue to govern questions not expressly regulated by provisions of the convention. Immunities were extended to the private residence, tax and other payments to the host country, in addition to general and traditional immunities enjoyed.

The article 1 of the convention deals with the constitution of the staff and the privileges and immunities granted by the legislation. Sending country has been honored and the receiving country has given many concessions and privileges on tax, vat, and the connected government payments and taxes. Apart to these exceptions the staff and the official and private residences are free from tax and other connected payments.

Article 3 of the convention is the most important and crucial part which states as follows.

Mission staff is named in detail and privileges and immunities attached are identified. In terms of article 3 B it is the duty of the sending state to protect the interests of the sending state within the limited permitted by international law.

Thereby it is the duty of the sending state to look after their subjects. The sending state has power to negotiate with the receiving state based on lawful conditions and developments and report matters to the sending state.

It is the duty of the sending state mission to promote friendly relations between the sending state and the receiving state and developing their economic cultural and scientific relations.

If the Head of members of the sending mission exceeding powers or acting contrary to the meaning and spirit of the Convention it is unacceptable and unbecoming of an ambassador and ultra virus to the convention and the International Law. If that is so it is a case where that particular mission is trying to apply the law of the jungle and the survival of the fittest challenging the sovereignty of the receiving state.

If the head of the mission is making statements about the receiving nation which are sensitive and not in the best interest of friendly relations it is not acceptable and incorrect.

He brings shame and problems to the host nation. There are disturbing reports of actions of some heads of missions in this country which are very unusual uncommon and contrary to Vienna Convention. We are a senior member of the international community and United Nations though small in size. We lead the summit of non aligned nations consisting of hundreds of small and large nations in 1970s.

We are a respectful and a respected senior member of the world community with a wonderful truck record. We never interfered in internal matters of any other country even though we were pinched and harassed by number of international organizations, especially some NGOs in the in UK and not the government.

UK and Sri Lanka had wonderful friendly relations and still maintains the same relations and bonds and I am sure the relations will never strain. Unfortunately BBC World Service, and Sinhala Service and few NGOs continuously critical of Sri Lanka. Our High Commission never walked into their offices nor exceeded power however.

However hurt we were about their conduct. If it had been by us one can imagine the situation and the media uprising.. It is true that Sri Lanka is going through a difficult period for no fault of ours.

Our problem is due to the fact that we have less and merger resources for which lot are struggling and the international community without knowing our real issues naming it as an ethnic issues where as the real issue is an issue of struggle for equality and demand for equal resources. When we are putting forward a solution acceptable to all and taking steps to improve the human right and economic situations, it is the duty of our friends to help us in terms of the accepted norms and Vianna Convention.

The present government has taken all possible measures to give equality to every citizen.

The concept paper put forward by the President on Mahinda Chinanaya, has pronounced equality to every citizen based on which a set of proposals were published offering a viable solution to the current North and East issue.

Instead of understanding and helping the government in power which is elected by the people for a given period the some members of the international community being mislead by some non governmental organizations and some selfish politicians and political parties are helping terrorism by be critical of the human right and fundamental rights in the country.

Honestly the legislation in Sri Lanka on Human Right Jurisdiction is far superior of laws codified in the UK. In the UK prevention of Terrorism Act is in force which is a draconian piece of legislation which takes back all human right concepts. There is a provision of interment in the UK. There is no room or place for terrorism in the UK.

Because the UK government was tolerant on under ground movements London has become an unsafe place for ordinary citizens. Now things have changed. London is as tough as USA on terrorists and terrorist movements now. London has been the most peaceful loving and lovable city which are now converted to a city of fear and horror due to terrorist and underground movements.

These are sad but true story where we repent because we love UK so much being the country who has ruled us 450 yrs and given us their heritage, language culture, education, legal system and system of government, and the game of cricket to us to follow and we do it successfully. Therefore UK has a moral duty too to help us.

Some members of parliament especially Mr. Keith Vaas and infamous member of parliament who has a questionable history with regard to his honesty and dealing with millions in India and shady transactions with questionable industrialists.

He has no moral rights to lead the campaign against Sri Lankans and Sri Lankans who love UK, their culture and their way of life. But Mr. Paul Murphy?s speech at the debate on Sri Lanka and the statement from him that ?telling Sri Lankans what to do would be counter productive? is a friendly, helpful and a brave decision.

We learn from the United Kingdom they too had a problem where they struggled for 25 years. The two rival groups are now united and put forward a stable solution. This matter was initiated by Tony Blair the Prime Minister of United Kingdom, with the help of Senator Micthael of USA, and peace loving peaceful citizens and all political stories in the United Kingdom.

One of the preconditions of the parties to lay down arms of terrorists. The Northern Terrorists have laid down arms and entered into peaceful path. When compared to SL terror Northern Island terrorist are saints. They have not killed ruined or damaged their country to the extent LTTE has damaged our country. The extent of damage well knows n to everybody including the people of UK who are with the peoples of Sri Lanka.

The other important factor is that we too are responsible for this misery. Our High Commissions should be active and patriotic. They should not be busy with property deals and domestic matters and selfish aim. LTTE is flouring teeing terrorist organization prohibited in the country because they are committed to the cause.

Our missions are inactive inert inefficient and not committed. It is very sorry to say this but these are bitter facts. It is very fortune at that HE has taken measures to regularize the diplomatic missions and their conduct and certain shady property deals have been stopped recently by the intervention of the President and the government.

I think it is time to win over the peoples of UK Protesting against the HC and on the road will antagonizes the ordinary people and attention will be diverted on other areas.

Therefore it is time for patriotic and peace loving people in the UK and in SL to get together and educate the international community in SL and peoples in the UK in order to bring out of peace and prosperity in our country.

(The writer is a Solicitor in England and Wales and Attorney-at-law- Convener Committee for International Law and International Relations in Sri Lanka)