Protection of diplomats under the Vienna Convention on Diplomatic Relations

The Ministry of Foreign Affairs recently announced that the ambassadors and high commissioners in Bangladesh representing the United States, United Kingdom, India, Saudi Arabia, Australia, and Japan would no longer receive the previously provided "extra security" measures, which were issued following the 2016 Holey Artisan attack in Dhaka. The Ministry, however, provided the option to hire escorts from the Ansar battalion, should they deem it necessary for their personal protection. This decision has sparked varied reactions, with different groups presenting contrasting perspectives, which may pose risks to Bangladesh's international relationships.

An earlier incident in December 2022, when the US ambassador to Bangladesh encountered security concerns while meeting with families affected by enforced disappearance, severely underscored the significance of ensuring robust security arrangements for diplomats residing in the country. Hence, despite the government's assurances of adequate security measures and the arrangement to hire added security forces, these circumstances surrounding the protection of foreign diplomats stationed in Bangladesh have raised considerable debate about the adherence to diplomatic protocols under international standards and the Vienna Convention on Diplomatic Relations.

The Vienna Convention on Diplomatic Relations (VCDR), considered the cornerstone for the conduct of diplomatic relations worldwide, designates the foreign ministry of each signatory country, including Bangladesh, as the primary authority responsible for managing diplomatic missions within the host nation. It is built upon the fundamental principle of ensuring the inviolability and security of diplomatic missions and their personnel.

Article 22 of the VCDR addresses the protection of diplomatic premises and states that the premises of a diplomatic mission, including the buildings, the land they occupy, and other property, are inviolable. It entrusts the host country with the duty to protect these premises from any intrusion, damage, or disturbance in order to prevent any interference with the mission's peaceful functioning and the diplomats' ability to carry out their duties. Such protection extends not only to the physical integrity of the premises but also to the mission's archives, documents, and correspondence (article 27). Similarly, article 30 provides inviolability and protection of the private residence of a diplomatic agent, which, too, include property, papers, and correspondence.

Article 25 obligates the host state to provide diplomatic officials with complete facilities necessary for the effective performance of their functions. The "functions of the diplomatic mission," as articulated in article 3, include diplomatic negotiations, representing the sending state's interests, promoting diplomatic dialogue, and other related functions. The receiving state is obligated to assist the mission in accomplishing these functions by offering the necessary resources, support, and security.

Article 26 addresses the freedom of movement and travel of members of diplomatic missions in the host state, with considerations for national security. The provision recognises that the receiving state has a legitimate interest in safeguarding its national security and may need to control access to certain areas to protect sensitive locations, installations, or information. While diplomats should have the necessary mobility to perform their official functions, it is also crucial to respect the host country's security concerns. Similarly, the host state has the responsibility to ensure that any limitations on the freedom of movement imposed for reasons of national security are reasonable, non-discriminatory, and do not unduly hinder the mission's operations.

Article 29 provides inviolability as to any form of arrest or detention in the host country. The host country is responsible to ensure respectful treatment and to take all appropriate steps to prevent any attack on an official's person, freedom, or dignity.

The VCDR further extends the protections and immunities granted to diplomatic agents to their non-national family members, ensuring their security and well-being in article 37.

Finally, article 41 highlights the importance of upholding diplomatic protocols, respecting the sovereignty of the host country, and maintaining the integrity and security of diplomatic missions by emphasising the duty of individuals enjoying diplomatic privileges and immunities to respect the laws and regulations of the host country, refraining from interfering in its internal affairs and prohibits the use of diplomatic mission premises in any manner incompatible with the mission's functions.

The Writer is an Official Contributor, Law Desk, The Daily Star.