• UGI USER
  • Apr 15, 2024
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BREACH OF CONVENTION

Syllabus:

GS-II:

Governance, Constitution, Polity, Social Justice and International Relations

Why in the news?

Ecuador’s breach of diplomatic norms by raiding the Mexico embassy amid rising gang violence sparks international concern.

source:wordpress

About the Breach of Convention: Ecuador’s Violation of International Laws

  • Ecuador’s recent raid on the Mexico embassy in Quito on April 5th, targeting former Vice-President Jorge David Glas, violates the Vienna Convention on diplomatic relations.
  • This breach raises concerns about adherence to international norms and the rule of law.
  • Arrest of Former Officials: The raid aimed to arrest Jorge David Glas, a former Vice-President, and was part of President Daniel Noboa’s anti-corruption campaign.
  • Tensions with Mexico: Tensions escalated after Mr. Glas sought refuge in the Mexican embassy following corruption charges.
  • Ecuador declared Mexico’s Ambassador persona non grata after critical comments by Mexico’s President López Obrador.
About Vienna Convention on Diplomatic Relations:

Adoption and Ratification

  • Adopted on April 14, 1961, by the United Nations Conference on Diplomatic Intercourse and Immunities in Vienna, Austria.
  • India is among the nations that have ratified the convention.
  • Entered into force on April 24, 1964, with near-universal ratification, except for Palau and South Sudan.

Purpose and Scope:

  • Establishes special rules, privileges, and immunities for diplomatic missions to operate without fear of coercion or harassment under local laws and to securely communicate with their sending governments.
  • Provides guidelines for the withdrawal of a diplomatic mission, usually due to economic or physical security concerns, and for breach of diplomatic relations in response to abuse of immunity or severe deterioration in bilateral relations.

Receiving State:

  • Refers to the host nation where a diplomatic mission is located.
  • Framework provided for the protection of the interests of sending states in the receiving state by a third state in the absence of established permanent missions.

Inviolability:

  • Affirms the concept of inviolability of diplomatic missions, a cornerstone of international diplomacy.
  • Host nations hold responsibility for the security of high commissions or embassies, although diplomatic missions may also employ their own security measures.

High Commission vs. Embassy:

  • High commission applies to Commonwealth member states, while embassy applies to the rest of the world.
  • The difference lies mainly in their geographical locations and diplomatic functions.

About the important articles of the Vienna Convention on Diplomatic Relations, 1961:

  • Article 22: Mission premises inviolability, barring entry of law enforcement.
  • Article 24: Inviolability of mission archives, prohibits seizure or inspection.
  • Article 27: Guarantees free communication, protects diplomatic bags from inspection.
  • Article 29: Diplomatic immunity from civil and criminal jurisdiction.
  • Article 36: Exemption from customs dutieson diplomatic imports.

 About the Diplomatic Crisis:

  • Mexico’s Response: Mexico granted asylum to Mr. Glas, leading to Ecuador’s condemnation and the subsequent embassy raid.
  • Legal Action: Mexico has taken the matter to the International Court of Justice, alleging a breach of sovereignty and demanding Ecuador’s expulsion from the
  • Domestic Challenges:
  • Rising Gang Violence: President Noboa faces criticism for escalating gang violence, particularly in cities like Guayaquil.
  • Political Fallout: The President’s approval ratings have plummeted amid concerns over his handling of security issues, exacerbated by a recent surge in murders during Easter weekend.

Understanding Ecuador-Mexico Relations:

Establishment of Diplomatic Relations (1830):

  • Ecuador and Mexico established diplomatic relations in 1830.
  • Both nations are members of various regional and international organisations.

Historical Context:

  • Pre-Columbian cultural and economic exchanges between indigenous cultures of Ecuador and Mexico.
  • Formerly part of the Spanish Empire, Ecuador and Mexico have historical ties dating back to colonial times.
  • Ecuador was initially part of the Viceroyalty of Peru and later the Viceroyalty of New Granada; Mexico as part of New Spain.

Development of Relations:

  • In 1837, Mexico opened its first diplomatic mission in South America in Guayaquil, Ecuador.
  • Significant development in relations in the 1970s with high-level visits and agreements signed on economic, scientific, and cultural cooperation.
  • Mutual visits by leaders of both nations to each other’s countries signify strengthened ties.

Recent Diplomatic Exchanges:

  • Ecuadorian President Lenín Moreno attended the inauguration of Mexican President Andrés Manuel López Obrador in December 2018.
  • Ecuadorian President Guillermo Lasso visited Mexico in August 2021, meeting with President López Obrador and Foreign Minister Marcelo Ebrard.

2024 Diplomatic Crisis:

  • Former Ecuadorian Vice-President Jorge Glas sought asylum in the Mexican embassy in Quito in December 2023.
  • Ecuador expelled the Mexican ambassador in response to allegations of fraud in Ecuador’s 2023 presidential elections made by Mexican President López Obrador.
  • Ecuadorian police raided the Mexican embassy in Quito on April 5, 2024, arresting Glas, leading to Mexico severing diplomatic relations.

Bilateral Agreements:

  • Both nations have signed numerous bilateral agreements covering various sectors, including commerce, culture, cooperation against drug trafficking, scientific and technical cooperation, tourism, taxation, air transportation, legal assistance in criminal matters, extradition, and mutual recognition of higher education studies.

Trade Relations:

  • Two-way trade between Ecuador and Mexico amounted to US$878 million in
  • Key exports from Ecuador to Mexico include cocoa beans, palm oil, copper ores, electric motor parts, and medicines.
  • Mexico exports medicine, monitors, vehicles, tubes, pipes, and food products to Ecuador.
  • Mexican multinational companies operate in Ecuador, contributing to bilateral economic cooperation.

Understanding Criticism and Concerns:

  • Political Manoeuvring: Critics accuse President Noboa of exploiting the diplomatic crisis to bolster his political standing.
  • Neglect of Domestic Issues: However, the government’s focus on diplomatic tensions overlooks urgent domestic challenges, such as gang violence.

Conclusion:

Ecuador must address its internal security issues while upholding international laws and diplomatic norms. Resorting to unilateral actions within foreign embassies undermines diplomatic integrity and fails to address the root causes of domestic unrest. The government’s response should prioritise lawful measures and cooperation with international partners to effectively tackle the country’s multifaceted challenges.

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Source: https://www.thehindu.com/opinion/editorial/breach-of-convention-on-the-ecuador-mexico-tensions/article68065022.ece

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Mains Practice Question:

Discuss the implications of Ecuador’s breach of the Vienna Convention on Diplomatic Relations in its raid on the Mexican embassy in Quito.”Examine the circumstances surrounding Ecuador’s actions, including the arrest of former Vice-President Jorge David Glas and the political motivations behind it.Analyse the response from Mexico, including the declaration of persona non grata for Ecuador’s ambassador and the appeal to the International Court of Justice.