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Vienna gives Delhi the Right
Context:
Canada has accused India of unilaterally revoking the diplomatic immunity of Canadian diplomats in India, asserting a violation of the Vienna Convention on Diplomatic Relations (VCDR).
Allegations and Misunderstandings
- Misinterpretation of Diplomatic Actions: Canada alleges India revoked diplomatic immunity, but India demanded reduction based on parity. No diplomats declared persona non grata.
- Article 9 of VCDR: India holds the right to declare diplomats persona non grata, a prerogative under Article 9 of the Vienna Convention.
- Subjective Determination of Reasonable Mission Size: Article 11(1) of VCDR allows the receiving state (India) to decide what “reasonable and normal” regarding mission size.
International Precedents and Legal Grounds
- UK's Action against Soviet Union: The UK imposed a ceiling on the Soviet Union mission due to inappropriate activities, invoking Article 11 of the VCDR.
- US Limitation on Iranian Diplomats: The US used its authority to limit Iranian diplomats based in Washington.
- Moldova and Estonia’s Similar Actions: Moldova and Estonia asked Russia to downsize its mission based on the principle of parity, citing Article 11 of the VCDR.
Legal Framework and Call for Trust Restoration
- Article 41(1) of VCDR: Canadian diplomats interfering in India’s internal affairs could be a breach of the VCDR.
- Diplomatic Relations Act of 1972: India’s legal framework empowers the government to restrict privileges for non-compliance with VCDR obligations.
- Need for Trust-Building Measures: Trust deficit between India and Canada requires efforts from both sides. Accusations harm relations and require resolution through diplomacy.
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