With the recent incident involving Kuwait and the Philippines on the “rescue” of OFWs, the State of Kuwait said that the Philippines violated the Vienna Convention on Diplomatic Relations. On the other hand, Foreign Secretary Alan Peter Cayetano remains firm that the “rescue” was “consistent” with the doctrine. But what exactly is the Vienna Convention and how does it affect the two countries?
The Vienna Convention on its own can mean several treaties which were signed in Vienna – but what’s commonly discussed is the 1961 Vienna Convention on Diplomatic Relations.
The Vienna Convention is that doctrine which governs diplomatic relations between countries.
The Vienna Convention on Diplomatic Relations focuses on the privileges that enable diplomats to perform their function in the host country such as negotiating agreements between states.
Foreign Affairs Secretary Alan Peter Cayetano could be invoking Subsection b, Section 1 of Article 3 when he said his office’s action was within bounds of the Convention.
What does the provision say?
“The function of a diplomatic mission consist in protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law.”
For its part, the Kuwaiti government, in declaring Ambassador Renato Pedro Villa persona non grata was invoking Section 1 of Article 9 which states:
“The receiving state may at any time and without having to explain its decision, notify the sending state that the head of the mission or any member of the diplomatic staff is persona non grata.”
Further, the Kuwaiti government invoked Article 41 in its move to declare the ambassador persona non grata. And it reads:
“Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State.”
Kuwait has said that the acts done by the Philippine Embassy is a flagrant violation of this provision.
The 1961 Vienna Convention on Diplomatic Relations has been ratified by 191 states as of February 2017.
