Dear Editor,
The concept of diplomatic immunity was recently in the news (mainstream and social media) locally and in the diaspora. It was felt that officials traveling on “diplomatic” or “special” passports could not be questioned by Immigration Officials at American borders or by other law enforcement bodies. That is a misreading of the international law of the Vienna Convention on Diplomatic Immunity.
Diplomatic immunity is a principle of international law that is codified in the Vienna Convention on Diplomatic Relations, to which all states (including dictatorships) subscribe and respect, by which accredited foreign government officials (diplomats and some foreign staff) of a sending state are not subject to the jurisdiction of courts and other authorities in a receiving state. They cannot be stopped and questioned about their government and its or their activities or policies, etc. The officials are accredited and “immune” only in that receiving state and no other. Thus, envoys of Guyana accredited to the United States of America enjoy immunity in USA but not in other countries.
Immediate family members of diplomats also receive some degree of immunity. Ministers and others traveling on diplomatic or special passports do not enjoy immunity unless sought ahead of time by the sending state and was granted (approved) by the receiving state; it is generally granted if requested especially if it is for a meeting with American officials and not for private visits. Thus, Ministers and others traveling on diplomatic or special passports can be questioned by agents of receiving states and can also be deported.
Heads of governments and important officials – such as Presidents, Prime Ministers, Vice Presidents, and special appointees to a receiving state — also enjoy diplomatic immunity if they so seek it when visiting another country. The heads of government or special appointees are also entitled to privileged “Secret Service” protection when visiting America or other states if they so request it. Bharrat Jagdeo is known to waived the Secret Service multiple times when he was President; he never sought it since becoming Vice President except in September 2021 when he and President (Ali) jointly came to New York for the UN summit.
Jagdeo often complained that the Secret Service made it difficult for him to engage the diaspora and would dismiss them. Yes, an official can dismiss the Secret Service at any time. Sam Hinds also waived the Secret Service several times as President and as Prime Minister. Prime Minister Mark Phillips also waived the Secret Service several times when engaging the diaspora.
Protections are afforded to foreign envoys to conduct “diplomacy” and not to engage in personal or private or gainful activities. The degree of protection awarded to diplomatic personnel depends on rank and position. An ambassador or Charge enjoys full diplomatic immunity as do Consulate General. Embassy and consular employees enjoy a lower level of diplomatic immunity.
Chief Ministers (heads of dependent territories) and former heads of states and governments have been arrested and prosecuted in America for various crimes including narco- trafficking and money laundering. Unless granted diplomatic immunity ahead of time, they are subject to questioning, arrest and prosecution. General Noriega, the dictator of Panama, was stripped of immunity when he was brought to USA thirty-four years ago to face trial for narco-trafficking and money laundering.
Immunity can be revoked at any time with prior notification. Diplomats can be declared persona non grata and expelled by the host nation at any time. A nation can also instruct another nation to reduce the size of its diplomatic immunity staff. Nations often engaged in tit for tat, expelling each other’s diplomats or reducing their staff. The big states like USA, Russia, China, India, among others, do that; small states like Guyana or Suriname do not even think about it for fear of the retributions and repercussions that may very well include regime change.
The envoys and staff of the UN and its affiliated agencies are also subject to diplomatic immunity and the size of the staff cannot be reduced or expelled by the host nation. However, their activities must be UN related or else they would be subject to expulsion upon notification of the Secretary General; this has been very rare. Heads of governments or envoys coming to the UN cannot be denied a visa or arrested even if on a wanted list. But ‘wanted’ leaders opt not to travel to ‘unfriendly’ states for fear of arrest even when they enjoy immunity. Similarly, it is rumored that officials in Guyana with diplomatic or special passports are wary of traveling to USA, fearing being pulled in for questioning over corruption, money laundering, and unexplained wealth.
Sincerely,
Vishnu Bisram
