A diplomatic passport does not automatically grant immunity

Jul 14, 2024 Features / Columnists, Peeping Tom

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Kaieteur News – I am not dealing with whether anyone was stopped, questioned or detained by agents of any foreign country. That particular allegation has been denied and there is nothing in the public domain to corroborate the allegation.

However, in the course of the usual public exchanges over the allegation there has been a fair amount of misrepresentation as regarding diplomatic immunities, privileges and courtesies. One of these misrepresentations is that persons travelling on diplomatic passports always enjoy full diplomatic immunity and therefore cannot be searched, questioned, or charged.

This column will explain the difference between diplomatic immunities and diplomatic privileges, outline who is entitled to diplomatic immunities and to debunk the assertion that mere travelling on diplomatic passport grants immunities.

Diplomatic immunities refer to exemptions from certain laws and taxes of the host country. They ensure that diplomats can perform their duties without fear of coercion or harassment by the host country. Immunities cover a wide range of protections, including granting personal inviolability which means that diplomats cannot be detained or arrested.

It also included inviolability of the diplomatic premises in that the embassy or High Commission cannot be entered into without the consent of the foreign country. This is why the British government, for example, could not enter the Ecuadorian Embassy to arrest Julian Assange. Diplomatic immunity also shields those benefitting from such immunity from civil or criminal charges.

Diplomatic privileges, on the other hand, are specific rights or benefits enjoyed by diplomats that facilitate their work. These include exemptions from taxes and customs duties and the freedom to communicate with their home government and, barring national security considerations, freedom of movement within the host country.

Not any and every one can enjoy diplomatic immunities. Ambassadors and Heads of Missions usually enjoy full diplomatic immunity, which means they are protected from criminal prosecution and civil suits in the host country.

Members of the diplomatic staff, such as counselors, secretaries, and attachés also enjoy comprehensive immunity from the criminal jurisdiction of the host country and immunity from civil and administrative jurisdiction under certain conditions. On the other hand, administrative and technical staff enjoy immunity only in relation to their official duties. However, outside of these official acts, their immunity is limited, particularly concerning civil and administrative jurisdiction.

However, it should be cautioned that the host country has a significant role in determining the extent of immunities and privileges granted to visiting government ministers. While international norms and agreements provide a general framework, the host country’s policies and diplomatic relations with the home country can influence the specific immunities courtesies and protections.

A person travelling on a diplomatic passport does not make them a diplomat. As such, they do not enjoy the same diplomatic immunities as an accredited ambassador or high commissioners.

A diplomatic passport is merely an official document issued to diplomats and other government officials for international travel. It signifies that the bearer is traveling on official business and often facilitates smoother border crossings and visa processes. Guyana has signed agreements with some countries which exempt holders of diplomatic passports from requiring entry visas to those countries.

Immunities are based on the status and function of the individual, not merely on the possession of the passport. For example, an individual holding a diplomatic passport may not have immunities if they are traveling for non-official purposes or if they do not hold a recognized diplomatic position. A permanent secretary was questioned and her phone invaded in the USA even though it was reported that she was travelling on a diplomatic passport.

Government ministers often travel on diplomatic passports when conducting official state business abroad. Government ministers are usually issued diplomatic passports to signify their official status and to facilitate international travel. This passport allows for certain courtesies such as expedited visa processing and smoother passage through customs and immigration. Ministers entitlement to diplomatic immunities and privileges depends on several factors, including their role, the nature of their visit, and international agreements.

Diplomatic courtesies are special treatments extended to diplomats and senior government officials to facilitate their travel and ensure their security. These courtesies may include expedited immigration procedures, access to VIP lounges, and special assistance with luggage.

Airlines generally do not have the authority to arrange diplomatic immunities. However, they do provide certain courtesies to recognized persons. Airlines may notify the relevant authorities (such as airport security and immigration) of the presence of a diplomatic passport holder on board.

(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)

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