Canada’s Actions Are In Violation Of Vienna Convention, Says Jaishankar

Relevance: GS2 - Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.

(Source: The Hindu, Indian Express)

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Why in the news?

• Recently, Canada withdrew 41 diplomats from India and halted walk-in services at its consulates in the country.
• Indian External Affairs Minister S. Jaishankar described Canada’s inability to provide safety and security to Indian diplomats as a challenge to the core aspects of the Vienna Convention on Diplomatic Relations.

Why has Canada withdrawn its diplomats from India?

• Canada withdrew 41 of its diplomats from India over concerns that India would withdraw diplomatic immunity for the majority of its diplomats.
• Indo-Canadian relations had plunged following the Canadian Prime Minister’s allegations that Indian agents were involved in the death of Khalistani leader Hardeep Singh Nijjar in Canada.
  • The two countries had previously expelled diplomats to show their displeasure.
• Parity in diplomatic presence: In the aftermath, India demanded parity in terms of diplomatic representation with Canada.
  • Officials of the Indian Ministry of External Affairs had claimed that there were many more Canadian diplomats in India than there were Indian diplomats in Canada.
  • India had told Canada to downsize its diplomatic staff in India to a similar number as those of Canadian diplomats in India.
• Canada has called for India to cooperate in the investigation but New Delhi has rejected the allegations and taken countermeasures, such as shutting down visa services for Canadians.
• Violation of the Vienna Convention: India claimed that Indian diplomats in Canada are not safe, which is a violation of the Vienna Convention’s commitment to ensure the safety and security of diplomats.
  • On the other hand, Canada accused India of violating the Vienna Convention by claiming that a unilateral revocation of diplomatic privileges and immunities is contrary to international law.
  • India has however rejected the allegation.

What other concerns has India expressed?

• Interference in domestic affairs: India accused Canadian diplomats of continuous interference in domestic Indian affairs.
• One of the most important facets of international relations is that countries or their diplomats do not interfere in the domestic affairs of the other country, which is a violation of the sovereignty and integrity of the host country.
• India’s Panchsheel principles mention equal non-interference in the other’s internal matters as a core element of Sino-Indian relations.
• Problematic segment of Canadian politics: India claimed that it is closely tracking the situation in Canada and claimed that Khalistani separatist groups in Canada had made murder threats against prominent Indian diplomats.
• India expressed concern over the influence of Khalistani elements on Canadian politics.

International response to the incident

• The USA and the UK, which are both members of the Five Eyes Alliance, have supported Canada.
• U.K: The U.K.’s Foreign, Commonwealth and Development Office (FCDO) claimed that the move would impact the effective functioning of the Vienna Convention, 1961.
  • It claimed that it did not agree with the decisions taken by the Indian government that led to the departure of Canadian diplomats and reiterated the need for countries to respect the Convention on Diplomatic Relations.
  • It encouraged India to engage with Canada in its independent investigation and claimed that the unilateral removal of privileges and immunities was not consistent with the principles of the Vienna Convention.
• U.S.A: The U.S. State Department emphasized the need for diplomats to resolve differences between the two countries.
  • It expressed concern over the departure of Canadian diplomats from India and urged the Indian government to not insist on a reduction in Canada’s diplomatic presence.

What is the Vienna Convention?

• The Vienna Convention on Diplomatic Relations (1961) is a United Nations treaty that established a common framework for how countries must treat each other’s diplomatic representatives.
• It aims to ensure the development of friendly relations between and maintenance of communication channels between countries.
• Members: Around 193 countries have ratified the convention, which indicates their agreement to the Convention being legally binding on them.
  • Ratification means that a country should seek approval for the treaty on the domestic level and enact a law in their country to give effect to it.
• India and the convention: India acceded to the Vienna Convention on Diplomatic Relations in 1965.
  • India ratified the Vienna Convention through the Diplomatic Relations (Vienna Convention) Act of 1972.

Key Features of the Convention

Conclusion

• India has rejected the Canadian allegations that it has violated the provisions of the Vienna Convention and cited provisions of the Convention such as Articles 9 and 11 to justify its position. This has highlighted how the need to protect its national interests, sovereignty, and integrity is the primary aspect of a nation's foreign policy.

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FAQs

MCQs

Question: Which one of the following is not a principle of "Panchsheel"? (UPSC CSE 1997)

(a) Non-alignment

(b) Peaceful Co-existence

(c) Mutual respect for each other's territorial integrity and sovereignty

(d) Mutual non-interference in each other's internal affairs