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In its sector preamble, the United Nations says: “In terms of near-universal participation by sovereign States, the high degree of observance among States parties and the influence it has had on the international legal order, the Vienna Convention on Diplomatic Relations may claim to be the most successful of the instruments drawn up under the United Nations framework for codification and progressive development of international law.”
The UN also notes that “the Vienna Convention provides a complete framework for the establishment, maintenance and termination of diplomatic relations on a basis of consent between independent sovereign States. It specifies the functions of diplomatic missions, the formal rules regulating appointments, declarations of persona non grata of a diplomat who has in some way given offence, and precedence among heads of mission. It sets out the special rules — privileges and immunities — which enable diplomatic missions to act without fear of coercion or harassment through enforcement of local laws and to communicate securely with their sending governments. It makes provision for withdrawal of a mission — which may take place on grounds of economy or physical security — and for breach of diplomatic relations which may occur in response to abuse of immunity or severe deterioration in relations between sending and receiving States.”
Some of the key areas of the Convention are the inviolability of mission premises, protection for the diplomat and his or her family from any form of arrest or detention, protection of all forms of diplomatic communication, the basic principle of exemption from taxation, immunity from civil and administrative jurisdiction, with limited exceptions, and that diplomats must respect the laws of the host state.
The Convention has established itself as a cornerstone of modern international relations. However, we find it strange that the United States and most European envoys on the African continent have continued to violate the spirit of the Convention by choosing not to respect host government’s views, laws and policies and willy-nilly involving themselves in local politics, in most cases, taking sides with opposition political parties and individuals under the disguise of protecting human rights. Early this year, the Ugandan government warned diplomats in that country against delving in local politics and elections contrary to international norms and practices.
The chorus has been the same across the continent as most liberation movements fight to keep the gains of independence from former colonisers who are still eager to control local politics, resources and economy through their proxies in the name of local opposition political parties.
It is unfortunate that some foreign envoys accredited to Harare have been busy running around with people who are bent on causing havoc in the country through violent demonstrations, which have left shops looted, cars burnt and innocent people injured. Moreover, the amount of business opportunities lost with shops closed out of fear, people staying behind closed doors out of fear and businesses employing a wait and see attitude to engage in new transactions is also enormous. Recently, the United States embassy, Canada and Australia issued separate statements supporting protests and condemning law enforcement agents for doing their job — maintaining law and order.
We note that the US and European countries have a history of demonising African countries, and in some cases, some African iconic liberation stalwarts have been killed in circumstances that have left accusations pointing at foreign powers, and it would appear, foreign envoys are on the African continent to safeguard the selfish interests of their countries in the US and Europe, something which flies in the face of international co-operation and mutual beneficiation. It is high time the US and her allies drop the big brother attitude and respect local democratically elected governments.
Bongani Ndlovu