Vienna Convention on Consular Relations
Encyclopedia
The Vienna Convention on Consular Relations of 1963 is an international treaty
that defines a framework for consular relations
between independent countries. A consul normally operates out of an embassy in another country, and performs two essential functions: (1) protecting in the host country the interests of their countrymen, and (2) furthering the commercial and economic relations between the two countries. While a consul is not a diplomat
, they work out of the same premises, and under this treaty they are afforded most of the same privileges, including a variation of diplomatic immunity
called consular immunity
. The treaty has been ratified by 173 countries.
The signatory states, that have not yet finished their ratification procedures are: Central African Republic
, Ivory Coast and Republic of Congo.
The states neither signed nor ratified the convention are: Afghanistan
, Brunei
, Burundi
, Chad
, Comoros
, Cook Islands
, Gambia, Guinea-Bissau
, Ethiopia
, Nauru
, Niue
, Palau
, San Marino
, Sierra Leone
, Solomon Islands
, Swaziland
, Uganda
, Zambia
and the states with limited recognition.
pulled out of the Optional Protocol to the Convention, which allows the International Court of Justice
to have compulsory jurisdiction over disputes arising under the Convention. In June 2006, the United States Supreme Court ruled that foreign nationals who were not notified of their right to consular notification and access after an arrest may not use the treaty violation to suppress evidence obtained in police interrogation or belatedly raise legal challenges after trial (Sanchez-Llamas v. Oregon
[]). In March 2008, the Supreme Court further ruled that the decision of the International Court of Justice
directing the United States to give "review and reconsideration" to the cases of 51 Mexican convicts on death row was not a binding domestic law and therefore could not be used to overcome state procedural default rules that barred further post-conviction challenges (Medellín v. Texas
[]).
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
that defines a framework for consular relations
Mark A. Sammut
Mark A. Sammut has written A Short History of Latvia/L-Istorja tal-Latvja fil-Qosor and co-written, with Professor Giuseppe Mifsud Bonnici, former European Court of Human Rights Judge and former Chief Justice of Malta, Il-Liġi, il-Morali, u r-Raġuni [Law, Morality and Reason]...
between independent countries. A consul normally operates out of an embassy in another country, and performs two essential functions: (1) protecting in the host country the interests of their countrymen, and (2) furthering the commercial and economic relations between the two countries. While a consul is not a diplomat
Diplomat
A diplomat is a person appointed by a state to conduct diplomacy with another state or international organization. The main functions of diplomats revolve around the representation and protection of the interests and nationals of the sending state, as well as the promotion of information and...
, they work out of the same premises, and under this treaty they are afforded most of the same privileges, including a variation of diplomatic immunity
Diplomatic immunity
Diplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws...
called consular immunity
Consular immunity
Consular immunity privileges are described in the Vienna Convention on Consular Relations of 1963 . Consular immunity offers protections similar to diplomatic immunity, but these protections are not as extensive, given the functional differences between consular and diplomatic officers...
. The treaty has been ratified by 173 countries.
Key provisions
The treaty is an extensive document, containing 79 articles. Following is a basic overview of its key provisions. For a comprehensive enumeration of all articles, consult the original text.- Article 5. Thirteen functions of a consul are listed, including protecting in the receiving state the interests of the sending state and its nationals, as well as developing the commercial, economic, cultural, and scientific relations between the two countries.
- Article 23. The host nation may at any time and for any reason declare a particular member of the consular staff to be persona non grataPersona non grataPersona non grata , literally meaning "an unwelcome person", is a legal term used in diplomacy that indicates a proscription against a person entering the country...
. The sending state must recall this person within a reasonable period of time, or otherwise this person may lose their consular immunity. - Article 31. The host nation may not enter the consular premises, and must protect the premises from intrusion or damage.
- Article 35. Freedom of communication between the consul and their home country must be preserved. A consular bag must never be opened. A consular courier must never be detained.
- Article 36. Foreign nationals who are arrested or detained be given notice "without delay" of their right to have their embassy or consulate notified of that arrest. If the detained foreign national so requests, the police must fax that notice to the embassy or consulate, which can then check up on the person. The notice to the consulate can be as simple as a faxFaxFax , sometimes called telecopying, is the telephonic transmission of scanned printed material , normally to a telephone number connected to a printer or other output device...
, giving the person's name, the place of arrest, and, if possible, something about the reason for the arrest or detention.
State parties to the convention
There are 173 state parties, where the convention is ratified.The signatory states, that have not yet finished their ratification procedures are: Central African Republic
Central African Republic
The Central African Republic , is a landlocked country in Central Africa. It borders Chad in the north, Sudan in the north east, South Sudan in the east, the Democratic Republic of the Congo and the Republic of the Congo in the south, and Cameroon in the west. The CAR covers a land area of about ,...
, Ivory Coast and Republic of Congo.
The states neither signed nor ratified the convention are: Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
, Brunei
Brunei
Brunei , officially the State of Brunei Darussalam or the Nation of Brunei, the Abode of Peace , is a sovereign state located on the north coast of the island of Borneo, in Southeast Asia...
, Burundi
Burundi
Burundi , officially the Republic of Burundi , is a landlocked country in the Great Lakes region of Eastern Africa bordered by Rwanda to the north, Tanzania to the east and south, and the Democratic Republic of the Congo to the west. Its capital is Bujumbura...
, Chad
Chad
Chad , officially known as the Republic of Chad, is a landlocked country in Central Africa. It is bordered by Libya to the north, Sudan to the east, the Central African Republic to the south, Cameroon and Nigeria to the southwest, and Niger to the west...
, Comoros
Comoros
The Comoros , officially the Union of the Comoros is an archipelago island nation in the Indian Ocean, located off the eastern coast of Africa, on the northern end of the Mozambique Channel, between northeastern Mozambique and northwestern Madagascar...
, Cook Islands
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
, Gambia, Guinea-Bissau
Guinea-Bissau
The Republic of Guinea-Bissau is a country in West Africa. It is bordered by Senegal to the north, and Guinea to the south and east, with the Atlantic Ocean to its west....
, Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
, Nauru
Nauru
Nauru , officially the Republic of Nauru and formerly known as Pleasant Island, is an island country in Micronesia in the South Pacific. Its nearest neighbour is Banaba Island in Kiribati, to the east. Nauru is the world's smallest republic, covering just...
, Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...
, Palau
Palau
Palau , officially the Republic of Palau , is an island nation in the Pacific Ocean, east of the Philippines and south of Tokyo. In 1978, after three decades as being part of the United Nations trusteeship, Palau chose independence instead of becoming part of the Federated States of Micronesia, a...
, San Marino
San Marino
San Marino, officially the Republic of San Marino , is a state situated on the Italian Peninsula on the eastern side of the Apennine Mountains. It is an enclave surrounded by Italy. Its size is just over with an estimated population of over 30,000. Its capital is the City of San Marino...
, Sierra Leone
Sierra Leone
Sierra Leone , officially the Republic of Sierra Leone, is a country in West Africa. It is bordered by Guinea to the north and east, Liberia to the southeast, and the Atlantic Ocean to the west and southwest. Sierra Leone covers a total area of and has an estimated population between 5.4 and 6.4...
, Solomon Islands
Solomon Islands
Solomon Islands is a sovereign state in Oceania, east of Papua New Guinea, consisting of nearly one thousand islands. It covers a land mass of . The capital, Honiara, is located on the island of Guadalcanal...
, Swaziland
Swaziland
Swaziland, officially the Kingdom of Swaziland , and sometimes called Ngwane or Swatini, is a landlocked country in Southern Africa, bordered to the north, south and west by South Africa, and to the east by Mozambique...
, Uganda
Uganda
Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
, Zambia
Zambia
Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....
and the states with limited recognition.
Application of the treaty by the United States
In March 2005, the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
pulled out of the Optional Protocol to the Convention, which allows the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
to have compulsory jurisdiction over disputes arising under the Convention. In June 2006, the United States Supreme Court ruled that foreign nationals who were not notified of their right to consular notification and access after an arrest may not use the treaty violation to suppress evidence obtained in police interrogation or belatedly raise legal challenges after trial (Sanchez-Llamas v. Oregon
Sanchez-Llamas v. Oregon
Sanchez-Llamas v. Oregon, 548 U.S. 331 , was a case decided by the United States Supreme Court which held that a state court did not have to exclude evidence admitted into court in violation of Article 36 of the Vienna Convention.- Facts :...
[]). In March 2008, the Supreme Court further ruled that the decision of the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
directing the United States to give "review and reconsideration" to the cases of 51 Mexican convicts on death row was not a binding domestic law and therefore could not be used to overcome state procedural default rules that barred further post-conviction challenges (Medellín v. Texas
Medellín v. Texas
Medellín v. Texas, 552 U.S. 491 is a United States Supreme Court decision which held that while an international treaty may constitute an international commitment, it is not binding domestic law unless Congress has enacted statutes implementing it or unless the treaty itself is "self-executing";...
[]).