PRIME TIME
THEME: DIPLOMATIC IMMUNITY.
GUEST: DR. F.F.FBHUNU (ZANU-PF PATRIOT TECHNOCRAT [INTERNATIONAL RELATIONS])
DATE: 23rd AUGUST 2017
TIME: 1900HRS CAT
the godFather: Good evening Patriots
Welcome to this special edition of Prime Time.
Tonight's program is a precursor to a debate which shall be coming on Friday dubbed BATTLE OF THE ADVOCATES
A lot has been talked about since that unfortunate Sunday event at The Capital 20 West Hotel in Sandton South Africa when Zimbabwean First Lady Dr. Grace N Mugabe allegedly beat up a South African model Gabriella Engels whom she found in her sons' hotel room.
A chain of events started and eventually Zimbabwe invoked Diplomatic Immunity privileges for Dr. N.G Mugabe which South Africa duly granted.
The court of public opinion and social media went into overdrive and this forum was not spared.
Yet we all made an oversight of the basics:
This and many more questions that help us have a clearer understanding of the matter at hand will be tackled tonight by our resident Foreign Relations Guru DR. F.F.F BHUNU
Dr. Bhunu
Good evening and welcome to this special edition of INTERNATIONAL RELATIONS SYMPOSIUM
The floor is all yours and let’s gets started…..
Dr. FFF Bhunu: Good Evening Patriots
I think I have to personally mention the following for my own reasons.
Cde's
Rev Tsindi and Bishop CHe (Mutare)
Admin Team
Information Department
Tete Mandy, Joanna, Tichy, the Thugs, Gilbert, Weber, Danny.
Fellow Snr Dr. Sabhuku, Bans, Jane, Doreen, Masvingo, Cde Nevanji, Black Raven
I met almost 35% of the Group Members and we do have good personal relationship hence I do expect maximum Participation on the subject matter. Today's Discussion will focus on Diplomatic Immunity.
The media and some academic Journals has been awash with this Subject over the past Two Weeks.
I would like to thank the Admin Team and Information department for affording me the Opportunity.
The Presentation will focus on the Following Subthemes for us to have an Appreciation of the phenomenon.
the godFather: Our guest is having network hiccups but he is very much online and chats will start to flow kindly bear with us
Dr. FFF Bhunu: Presentation Overview
Diplomatic Immunity Background
Vienna Convention 1961
Application
Two African Case Studies:
Zimbabwe (Priviledge and Immunities Act) Vs. South Africa (Diplomatic Priviledges Amendment Act)
Similarities and Differences
Conditions: Revoked/Granted
Recent Case Study (Zimbabwe First Lady, Dr. Grace Mugabe) and its Implications – Hon. Adv. Kuda
Tshwane – Harare Relations.
since it's an Interactive Session
Cde Nevanji and Black Raven
Define the Term Immunity for us.
Cde Nevanji: Diplomatic Immunity
Is the protection accorded a diplomat or such members of state from or against arrest or prosecution for crimes commuted in a foreign land?
Dr. FFF Bhunu: CDE Nevanji thank you for a well-polished definition.
However John Makumbe (2005)
Diplomatic immunity……………… Is. a form of legal immunity that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws, but they can still be expelled. (declared persona non Gratta ) e.g. French High Commissioner in Morocco , 2001
Modern diplomatic immunity …………………….was codified as international law in the Vienna Convention on Diplomatic Relations (1961) which has been ratified by all but a handful of nations , ( WHY) though the concept and custom of such immunity have a much longer history dating back thousands of years.
Many principles of diplomatic immunity are now considered to be customary law.
Diplomatic immunity as an institution developed to allow for the maintenance of government relations, including during periods of difficulties and armed conflict. When receiving diplomats, who formally represent the sovereign, the receiving head of state grants Certain privileges and immunities to ensure they may effectively carry out their duties, on the understanding that these are provided on a reciprocal basis.
How are these Privileges Granted.
Originally, these privileges and immunities were granted on a bilateral, ad hoc basis, which led to misunderstandings and conflict, pressure on weaker states, and an inability for other states to judge which party was at fault. An international agreement known as the Vienna Convention codified the rules and agreements, providing standards and privileges to all states.
Cde Nevanji: Who deserves immunity n how is it decided?
Dr. FFF Bhunu: Is it Possible to Waive Immunity ???
It is possible for the official's home country to waive immunity; this tends to happen only when the individual has committed a SERIOUS CRIME unconnected with their diplomatic role (as opposed to, say, allegations of spying), or has witnessed such a crime. However, many countries refuse to waive immunity as a matter of course; individuals have no authority to waive their own immunity (except perhaps in cases of DEFECTION). Alternatively, the home country MAY prosecute the individual. If immunity is waived by a government so that a diplomat (OR THEIR FAMILY MEMBERS or their family members) can be prosecuted, it is in the public interest to prosecute them. For instance, in 2002, a Colombian diplomat in London was prosecuted for manslaughter, once diplomatic immunity was waived by the Colombian government.
In reality, most diplomats are representatives of nations with a tradition of professional civil service, and are expected to obey regulations governing their behaviour and they suffer severe disciplinary action if they flout local laws. In many nations, a professional diplomat's career may be compromised if they (or members of their family) disobey the local authorities or cause serious embarrassment, and such cases are, at any rate, a violation of the spirit of the Vienna Conventions.
Patriots Following
In your own words , Explain the International Relations term “persona Non Grata"
Cde Nevanji: A person who is stopped from visiting a certain country or who is to be denied entry into a certain foreign land
In simple terms of course
Dr. FFF Bhunu: Thank you Once again , cde Nevanji
The Vienna Convention is explicit that “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."
Nevertheless, on some occasions, diplomatic immunity leads to some Unfortunate results; protected diplomats have violated laws (including those that would be violations at home as well) of the host country and that country has been essentially limited to informing the diplomat's nation that the diplomat is no longer welcome (persona non grata).
Diplomatic agents ( ambassadors, high comm ) are not, however, exempt from the jurisdiction of their home state, and hence prosecution may be undertaken by the sending state; for minor violations of the law, the sending state may impose administrative procedures specific to the foreign service or diplomatic mission.
Violation of the law by diplomats has included Espionage
Smuggling ,
child custody law violations
VIOLENCE,
money laundering,
tax evasion,
making terrorist threats,
slavery,
preying on children over the Internet for sex,
and murder.
Interesting Examples
Offenses against the person –
Gender based violence
1. Zimbabwe first lady Grace Mugabe invoked diplomatic immunity on the 15th of August, this is after charges were laid up against her by a South African model.
2. On-duty police officer Yvonne Fletcher was murdered in London in 1984, by a person shooting from inside the Libyan embassy during a protest. The incident caused a breakdown in diplomatic relations until Libya admitted “general responsibility" in 1999
In November 2006 in New York City, Fred Matwanga, Kenyan diplomat to the U.N., was taken into police custody by officers responding to reports that he had assaulted his son; he was released after asserting diplomat immunity.
Another Diplomatic Row
HARARE and Pretoria were on the brink of a full-on diplomatic row Saturday after a South African Airways plane was grounded in Harare, a day after South Africa seized an Air Zimbabwe aircraft.
SA 025 was due to depart Harare for Johannesburg at 0720hrs Saturday but after the aircraft had been loaded with its cargo and passengers, officials from the Civil Aviation Authority of Zimbabwe (CAAZ) ordered the pilots to abandon take-off.
At the centre of the row is a “foreign operator’s license”, issued by civil aviation authorities in every country where an airline operates. Although the permit is a standing requirement, its possession is rarely enforced,
As we Conclude the following statements can be helpful in analyzing Diplomatic Immunity Cases.
Diplomatic privileges and immunities guarantee that diplomatic agents or members of their immediate family:
May not be arrested or detained
May not have their residences entered and searched
May not be subpoenaed as witnesses
May not be prosecuted
It is true that diplomats are exempt from the criminal, civil and administrative jurisdiction of the host country. However, this exemption may be waived by their home country. Moreover, the immunity of a diplomat from the jurisdiction of the host country does not exempt him/her from the jurisdiction of his/her home country.
Overall , one can be legally or not entitled to immunity , Either under Vienna Conventions on Diplomatic Relations 1961 , or under the Prevailing Norms of Customary International Law
Thank you, Tatenda , siyabonga .
The floor is now open .
See you on the Battle of Advocates
Cde James Bond: #2. Aaaaagh. Pls exclude Yvonne Fletcher case it doesn't fit
Dr. FFF Bhunu: CDE James
Thanks for your Contribution.
However that doesn't fall on Gender violence .
The Issue is btwn Libya and London . So it applies.
Yaaa it's a well-known case in International Relations. That's why you can't Have a D.I presentation without it.
I wld also be comfortable to dwell specifically on the case .
But you shld also have an Appreciation of Role played by Other states in Libya .
Cde James Bond: Except for the hidden truth that Yvonne Fletcher was actually a victim of British Intelligence by design from the onset
Gilbert: Ko Nyaya yaAmbassador weZimbabwe to US who disciplined (African / Dr. Grace's) way, his son, who was involved in Drugs, akazosungwa neAmerican Police on violation of Human Rights! Makamboinzwawo here?
Dr. FFF Bhunu: CDE Gilbert
Thank you .
It's now Public knowledge the relations btwn US and Zim are always Sour.
The case in point was a Sarajevo on it's On . The US was conveying a message on Human Rights abuses in Zimbabwe
the godFather: Maita basa Dewa Moyondizvo.
Before you step down maybe a quick question.
You said _"…immunity of a diplomat from the jurisdiction of the host country does not exempt him/her from jurisdiction of his/her home country."_
Dr. FFF Bhunu: Admin Godfather
Yes it's very very true , particularly on issues concerning Public Interest.
FL issue is out on this one.
Cde James Bond: Can we say Vienna convention gives the STANDARDS or rather recommendations and guidelines
No comments.