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DIPLOMATIC REPRESENTATION, ITS TASKS, FUNCTIONS AND PERSONNELh Basic kinds of foreign bodies of external relations The bodies of external relations are subdivided into constant diplomatic representations - embassy and mission at the heads of foreign states and governments headed by the ambassadors and the envoys; consulates, trade and cultural representations and missions. Last can be part of diplomatic representations or independent bodies with special functions. The constant representations concern also bodies of external relations at international organizations and establishments; the temporary representatives or delegations for participation in bilateral and multilateral negotiations at conferences, congresses or solemn ceremonies. There are various international nongovernmental organizations. Many of them support communications with international governmental organizations, including the UN, where they can have the advisory status. An example, such organizations are the World Federation of Trade Unions, Interparliamentary Union. World Federation of Veterans of War etc. Among foreign bodies of external relations the important role is played by embassies and missions, accredited at the heads of states. They are the direct representatives of the states and governments, which are carrying out direct communications with the heads of the states, and governments in a host country.
The constant diplomatic representations are embassies and missions established by the state with the consent of other state. The embassy has the high rank among diplomatic representations. According to the history of a diplomatic service, on the basis of the decisions of the Vienna congress in 1815 embassies were created extremely in the states - great powers. The opening of an embassy is considered as a high level of diplomatic representation and high level of the diplomatic relations with this country. The Vienna convention has absorbed in it all rational, that contained in the similar documents regulating relations between states and also rules and customs ratified in interstate interaction of centuries-old diplomatic practice. The Vienna convention determines conditions of accrediting of the head of a diplomatic representative (inquiry for agreme'nt), the power of a diplomatic representative (letter of credence), the classes of diplomatic representatives and introduction into a post (delivery of credentials, visits of courtesy). The rules of the Vienna convention adjust the status of diplomatic, administrative - technical and serving personals, and also contents of the individual home workers who are not employees of a diplomatic representation. The privileges and immunities, which diplomatic representations, their heads and employees use, are adjusted both by bilateral agreements and rules of the Vienna convention. The Vienna convention adjusts the accrediting order of a military attache' at diplomatic representations. The military attache' represents the military state body and carries out contacts with the appropriate departments of a host country. The military attache' uses all diplomatic privileges at the level of the diplomatic structure of embassies. Besides the standard norms of the diplomatic protocol, the military attache' is guided by legal norms according to belonging to a sort of armies, and also charters and instructions. The rules of the Vienna convention carries universal character that lay in the basis of the development of similar documents regulating other forms of interstate relations. The basic task of embassies and missions is the representation of Generated by Foxit PDF Creator© Foxit Software http://www.foxitsoftware.com For evaluation only.
the given state in a host country in all problems. The diplomatic representation is the basic channel, on which the contacts of two countries are established. As a rule, the government of various countries addresses to other government, where its representation, through the representation is accredited. The contacts and negotiation with department of foreign businesses of the given state are carried out also through diplomatic representation in the given country. The embassies and missions are connected with MFA of a host country and with diplomatic corps. Other important task is to study internal situation in a host country. Diplomatic representations should think over what can be useful for its country, for realization of its policy tasks. It concerns to the development of economic, cultural relations between the states, strengthening and development of political relations, The diplomatic representation is obliged to protect rights and interests of the citizens and legal bodies of its state, acting in their protection before state bodies, judicial and other establishments of a host country- In some extreme situations it is necessary to act even before the government of a host country with the purpose of ensuring rights and interests of its citizens and legal bodies. The activity of foreign diplomatic representation and its employees in the host country should proceed from the recognition both respect of the laws and customs of the given country, its state and public system. Indispensable there is an observance of a principle of international law - noninterference into internal affairs of the state, in which the given representation is. Consular establishments or consulates except for embassies and missions refer to foreign representations of the states. The consular functions consist in protection of interests of the state both its physical and legal bodies: establishments, organizations and enterprises acting as the subject of the right, and also other functions, according to agreements and rules, working between the two countries. Besides they are engaged in registration of passports, visas and other documents both for citizens of its country and for citizens of a host country. Consulates are usually open in those countries, where there is great quantity of citizens of the appropriate country or there are constant Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
The body of foreign affairs carries out the management and the control of the activity of consular establishments. The consular establishments are subdivided into Consulate-General, Consulate, Vice-Consulate, and Consular agency. There are consular posts: Consul-General, Consul, Vice-consul, and Consular agent. The consular posts can be replaced by the persons having diplomatic ranks. The persons having ranks of Extraordinary and Plenipotentiary Ambassadors are usually nominated to high diplomatic posts - Consul-General. Consul-General, Consul, Vice-consul and Consular agent can be the head of consular establishments of the rank, appropriate to them. The Consul and Vice-consul can enter into the staff of Consulate-General and Vice-consul - in the staff of Consulate as the members of their personnel. On assignment of the head of consular establishment the consent of an accepting state is required. To the head of consular establishment the consular patent certifying his powers is given. The patent should be signed by one - the Head of a state, Head of a Government or Minister of foreign affairs depending on the local legislation. After the representation of a consular patent to the state body of the country of assignment the consular exequatur is granted to the head of Tu If there are no consular relations between the states by an exchange of consulates, the consular activity is carried out only by diplomatic representations. These functions are carried out by consular division in diplomatic representations. It is not required consular division manager to receive a consular patent and consular exequatur, as he works in the structure of a diplomatic representation. The consular activity is regulated by the Vienna convention on the consular relations, 1963. In the international practice alongside with concept of the regular consul there is a concept of non-regular or honorable consul. The non-regular consul does not consist in a state service and does not receive the state salary. The non-regular consul carries out elementary consular functions: rendering assistance to the citizens of accrediting state in the decision of certain problems, assistance in the service of sea and air consular establishment
The consular establishments have the right of an establishment of a consular board and usage of the state flag, which can be lifted above the building of a Consulate and on means of movement (vehicles). The consular board represents an emblem of the accrediting state. It is placed on a building of the Consulate and on the entrance door. The state flag raises above consular establishment the same as and above diplomatic representation. The consular relations can be stopped under the initiative of one of the parties. The break of diplomatic relations does not course the termination of consular relations. The state of a stay can require a recall of the head of a consular establishment. Such actions refer to as " the withdrawal of an exequatur ". If the head of a consular establishment leaves the post in connection whh the end of the term of his activity or he is recalled by the government, his patent and exequatur lose their force. New head of a consular establishment receives new patent and new exequatur. If in the given state some consular establishments are accredited, set of the heads of these establishments make the consular corps. By analogy to the diplomatic corps the consular corps has a doyen. The consulates cannot represent the state in political area and ail diplomatic plan. By new in diplomacy of last time alongside with constant embassies and missions the appearance of special representatives - ambassadors under the special assignments for negotiations on behalf of the Heads of a state, a government and recently on behalf of Minister of foreign affairs. Tasks of the ambassadors under the special assignments differ from others. The ambassadors under the special assignments carries out narrow certain outlined aims. The ambassadors under the special assignments were usually devoted man to the Head of a state and figures well known in the country. Besides the ambassadors under the special assignments in mutual consent of two states the special missions with the special assignments are directed. The special mission is temporary representation. The
The UN has accepted the Convention on special missions in 1969. The convention determines the mission as having representative and temporary character sent by one state into another with the consent of the last for consideration of certain problems or for performance of a certain task in this state. Its legal character as diplomatic representation, which is carrying out a certain task, allows directing a mission to other state irrespective of, whether the diplomatic or consular relations are supported or not with it. Even the break of diplomatic relations not necessarily means the termination of the activity of a special mission. The convention provides an opportunity to direct the general mission to two or several states with the consent of accepting states. The convention defines diplomatic immunity of the head of a special mission and its members. The special missions can carry out its functions in relation to the object of their activity in the territory of the third countries with their consent and the observance of all conditions of arrangements with them. The missions stop its activities at the end of the task or by the demand of the country, concerning which such activities were carried out. The group of the ambassadors under the special assignments exists in external policy body of many countries of the world. In modern diplomacy the international organizations are one of the forms of interstate interaction. They are created on the basis of multilateral treaties and according to the international law these organizations differ: - on character of problems, with which they are engaged (for - On structure of the participants; they can universal (be like - on volume of powers and to other attributes.
The Constant representative with the delegation of his state takes part at the sessions of the UN General Assembly. In case that his state is the member of the Security council, the Constant representative participates at sessions of the Council, watches observance of the UN Charter, uses information, acting in the UN, informs his Government on major events in the world able to result to infringement of peace and security, brings his proposals under the instructions of the government to avoid these threats.
DIPLOMATIC REPRESENTATION OF THE REPUBLIC OF KAZAKHSTAN
The diplomatic representations of Kazakhstan are directed by rules of the Vienna convention on the diplomatic relations, 1961, the Vienna convention on the consular relations, 1963, the Constitution of the Republic of Kazakhstan, decrees of the President, rules *' About the Embassy of the Republic of Kazakhstan " and " About the basic duties
The embassy is established by the decision of the Government of the Republic of Kazakhstan. The embassy is headed by the Extraordinary and Plenipotentiary Ambassador nominated by the Decree of the President of the Republic of Kazakhstan on presentation of the Minister of foreign affairs of the Republic of Kazakhstan. According to the rule " About the Embassy of the Republic of Kazakhstan " to his basic functions concern: - Representation of the Republic of Kazakhstan in a host country; - Protection in a host country interests of the Republic of Kazakhstan, - Negotiating and maintenance of official contacts with state bodies - Study by all lawful means internal policy situation, activity of a - Assistance to development of friendly and mutually advantageous During the absence of the Ambassador his function in a host country the Temporary Charge d'affairs of the Republic of Kazakhstan in the given country carries out. If there are other heads of official representations in the country, they are obliged to follow the directions of the Ambassador and to assist in realization of the mission, assigned to him in every possible way. The embassy coordinates of the activity of all official representations and establishments of the Republic of Kazakhstan in a host country. It has the right to require official representations of the RK establishments in a host country on regular and complete informing and coordination of their activity, which mention political, economic and other interests of RK in the given state. In its activity the embassy render assistance to
In the duty of the embassy the legal protection and care of security of all kinds of the RK property in a host country enter. The embassy organizes with the help of authorities of a host country protection of the service and inhabited premises, security of the personnel and members of their families. Also, as in embassies of various countries of the world, according to the international-rules of law, the personnel of our embassy is subdivided into diplomatic, administrative - technical and serving ones. The persons occupying in the embassy posts of the councilor - envoy, councilor, first, second, third secretary, attache' and in equal to them posts of Consul - General, Consul, Vice-consul, trade representative or advisers, their assistants concern to the members of the diplomatic personnel. Administrative - technical and attendants are the persons, in duties of whose the organizational-technical service enters. The employment of the attendants of the embassy the citizens of RK, constantly living in a host country, and also foreigners are supposed. The structure of the embassy is determined by MFA RK. In the embassy the sections (groups) can function: political, trade-economic, consul-legal, press and information, humanitarian and cultural relations, chancellery, economic service. The functions of the work of divisions and official duties of employs are determined by an Ambassador. At disposal of embassies there are channels of open and closed communications of MFA RK. In all embassies it is possible to find a consular division. The Head of a consular division has small rights in the given country in comparison with the rights of Consul - General, Consul and Vice-consul, who are the heads of independent consular representations. He does not receive consular patent from the state, exequatur from the body of foreign affairs of the country of an assignment. The manager of a consular division works only on behalf of the embassy, carrying out those or other consular functions within the limits of the embassy activity. In its activity the consular division is guided by the norms of international law. the
The employees of the RK embassies are obliged to participate actively in the realization of tasks, assigned to the embassy, to carry out the duties at a high professional level, to follow instructions and orders of the embassy management. The employees and members of their families are always obliged, in all validly concerning, to adhere strictly laws, rules and traditions of a host country. The employees of embassies carry personal responsibility for their activity and can be involved in the responsibility established with the RK legislation. State protocol official emblems or boards with the image of the RK State Emblem and inscription of indicating accessory to the Republic of Kazakhstan are established on service buildings of the RK embassy and the residences of the Ambassador according to rules of the protocol of a host country and the Republic of Kazakhstan. The order of use of the state flag and state attributes of RK by the embassy is regulated by the rule "About a state flag" and the MFA special instruction. The ambassador has the right on behalf of the supreme bodies of state authority of RK to negotiate and to sign the agreements on bilateral co-operation with the state of a stay, to participate in international and regional forums and to sign their final documents. The determined principles of the Kazakhstan diplomats should be guided by: 1. The diplomats should, by means of accessible to them, protect 2. The diplomats should steadily assert strategic interests of their 3. The diplomats should be devoted to the native Land, to the people 4. The diplomats should have all necessary knowledge in the field 5. The diplomats should as much as possible promote distribution
Now the Republics of Kazakhstan is the member of international-financial organizations and international organizations. The general number of the Kazakhstan embassies, missions, consulate generals, consulates and consular items makes 40 names. The introduction of Kazakhstan into various international organizations is caused by two reasons. First is to acquaint world community with economic, social, ecological problems of the country. Secondly is reception advisory, technical and financial assistance from various donor organizations. Above stated rules should stay on the basis of the activity of diplomatic representations. The diplomatic representations are important tool of strengthening of the intemational positions of Kazakhstan, as regional power, and also attraction of financial assets in the country, A combination of methods of traditional diplomacy with the new approaches to economic strategy of the state is the task of diplomatic representations of the Republic of Kazakhstan at present. Maintenance of all parties of the activity of dipiomatic representation needs internal organization of its work, appropriate arrangement inside an embassy and certain measures outside of an embassy. Paramount task of each embassy is to study and to collect infonnation on political, economic situations, urgent events in the country, both duly check and processing of the infonnation. The appearance of new difficult problems in the field of economy, arms, human rights, ecology-increased communications between the states puts new requirements and diplomatic infonnation. The study should go in three directions: economy, internal policy, and external policy. It is necessary to study seriously economy and tendencies of economic development. The special attention is deserved by crisis phenomena in economy, role of financial capital and international corporations, their analysis and prospects. The internal policy, socio-economic measures of a government, struggle of political parties, situation in parliaments, positions of mass organizations - trade-union organizations, intellectuals, students of high schools, conditions in army, stability of government establishments, Generated by Foxit PDF Creator© Foxit Software http://www.foxitsoftware.com For evaluation only.
The third direction - external policy, its basic directions, mutual relations of the given country with neighbor, with the leading countries of the world, participation in regional and sub regional organizations. As the events in the world vary quickly and quite often considerably, the duly information of diplomatic representation allows to undertake the appropriate steps by its state. The work in embassy should be organized so that each diplomatic employee can have base for collecting information, The modern requirement to diplomats - the information should be under construction not on one - two, but also on numerous and various authentic sources. This base can be press of the given country. Press is constant source for collecting information. In embassies the group of diplomats well knowing language of a host country closely watches press. However it is not necessary blindly to rely on mass media, and information should be checked up by all possible means. With this purpose the diplomats adjust communications with the correspondents of local newspapers, outstanding journalists, editors of magazines etc. These communications allow receiving the additional necessary information. The personal supervision, personal dialogue enables to specify received information that it could reflect the real situation of subjects. Other source of reception of the information for diplomats is the establishment of direct contacts with politicalparties (ruling and opposition), members of a government, state figures, deputies of a parliament, chiefs of big campaigns, intellectuals. The information received from circles "of real authority", business circles, financial structures is especially valuable. These circles use the large influence in agovernment and know conditions well and even create them. They are well informed, are influential m the society and are free in dialogue. These contacts can give information for understanding of the basic tendencies of political development in the country. The contacts to opposition parties always remain difficult problems. If in the advanced democratic states meeting with representatives of opposition parties consider as usual contact, in some countries it is not only welcomed, but also it is forbidden. Without contacts
The reception of visitors in an embassy can also serve as a source of collecting information, if political figures, deputies of a parliament, journalists attend diplomatic representation. The conversation with such figures allows exchanging opinions on a number of problems, to explain matters, interesting for interlocutor and to receive necessary information. Last years to the information received as a result of personal contacts, the electronic means of accumulation of information have increased. The valuable information on the system of a diplomatic service, characteristics of political and diplomatic figures enable to make a databank on political, economic, social problems. In conclusion we'll stop at information-propaganda work of diplomatic representations. Along with collecting and processing of information for the center, diplomatic.representations carry out information work in a host country. The purpose of it is distribution of truthful information about the country, explanation external policy of a government and its undertaken external policy action. Information-propaganda activity are rather various: conversations during meetings, statement to a public, distribution of printed editions, official bulletins of an embassy, receptions with participation of a public of a host country, press-conference and briefings for local and foreign correspondents, accredited in the country, speech of the Ambassador before a various audiences, viewing of domestic documentary and feature films with the invitation of outstanding actors, producers of a host country, organization of international exhibitions etc.
1. Immunities and privileges of diplomatic representation and its employees The international-legal status of diplomatic representations and their personnel are adjusted by norms of international law named diplomatic law. The basic sources of modern international law are international treaties and international customs. The establishment of diplomatic relations between states results an exchange of diplomatic representations. According to international law the establishment of the diplomatic relations can be on one of three levels. At the highest level - the embassy, at the head of which stands the diplomatic representative having the class of an ambassador. Mission, headed by an envoy, and mission, headed by charge d'affairs, further follow. The employees of a diplomatic representation use the certain immunities (withdrawals from the jurisdiction of the state of a stay) and privileges, which usually are not given to foreigners. In complete volume immunities and the privileges are given to the members of diplomatic personnel and the members of their families. These privileges are diplomatic in exact meaning of this word. In the Vienna convention, 1961 diplomatic immunities and privileges are divided into immunities both privileges of diplomatic representation and immunities and privileges of the members of diplomatic personnel and their families. The members of diplomatic personnel and members of their families have such diplomatic immunities and privileges: inviolability of personal dwelling, complete immunity from criminal jurisdiction of the state of i stay, and also from civil and administrative jurisdictions concerning the executive functions, fiscal immunity, customs privileges and protocol privileges. The administrative personnel uses immunity concerning actions accomplished by them on duty, they are released from taxes and duties on earnings. If the employee of an administrative department is the citizen of a host country, he is deprived of any immunities and privileges.
Diplomatic representations and its employees according to the Vienna convention have two basic duties concerning the state of a stay The diplomatic representation can use the premises only for the purposes of official relations with the state of a stay through the body of foreign affairs and other departments. The duties of the employees of diplomatic representation are to respect the laws and decisions of the state of a stay and not to interfere in internal affairs. The diplomat has no right to be engaged in professional and consular activities. For more tnan third of century from the time of acceptance of the Vienna convention about the diplomatic relations there were essential changes in the world. The quantity of diplomatic representations and their personnel have increased in >he world, and the system of quota has received distribution. As the personnel of experts, who are not being diplomats, have appeared. At diplomatic representation there are special bodies, which are not having direct attitudes to the diplomatic activity. Therefore at regulation of the international-law status of diplomatic representations two tendencies are observed: by one, directed on expansion of immunities and privileges, and another one, directed on their restriction. The aspiration to stable and reliable maintenance of normal functioning of diplomatic representations is looked through in modern diplomatic practice. It is written that " the state-participants confirm the obligation to carry out rules concerning diplomatic missions of other states - participants contained in the appropriate multilateral conventions, and to facilitate normal functioning of these missions " in the final document of the Madrid meeting of the representatives of the states - participants of Meeting on security and co-operation in Europe, 1983. On the other hand, leading western countries Great Britain, Austria, Belgium, Italy, Germany, the USA, France, Canada last years conduct the policy on restriction of diplomatic immunities and privileges by application of norms of administrative law. One of the reavSons of attempts of restriction of diplomatic immunities and privileges is internal Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
Strengthening of world global order, increase of the role of international law in the international relations, the change of arrangement of forces in the international arena, probably, will again result in amplification of the tendency directed on preservation, probably, and increase of volume of diplomatic immunities and privileges. 2. Diplomatic right of special missions The special missions of diplomatic character can be various in its level. Head of a state leading special mission, also Head of a government, minister of foreign affairs and other persons of a high rank use privileges and immunities in the accepting state or in the third state, which are admitted by international law according to the Convention on special missions, 1969. Practically, the Convention leaves the regulation of international relations, arising with travel of the specified persons in the structure of special missions, behind the international customs. The concrete definition of the appropriate problems, especially in the protocol plan, is carried out by the coordination between the interested parties.
The customs privileges, by practice, are given them in complete volume, though till now disputable problem is on that it is made on the basis of the international custom or courtesy. In a case, when in structure of diplomatic mission there are no persons of a high rank, the status of these missions is similar to the status of previous ones. In the Convention some restrictions of immunities and privileges of special missions are fixed. For example, in an item 25 providing inviolability of premises, the introduction into these premises of the representatives of local authorities is supposed in case of a fire or other act of a nature without the consent of the head of a mission. Item 31 of the Convention, devoted to immunities from jurisdiction of a host country of the members of the diplomatic personnel of special mission, establishes that the claims about collecting the losses caused as a result of accident made by vehicles used outside their official functions can be presented to the specified persons. 3. Diplomatic right of the international organizations The international organizations should use the certain privileges and immunities for high-grade functioning. The representatives of the states - members of these organizations and its officials should also use the privileges. These rules are reflected in items 104,105 of the UN Charter. The development of these rules the UN General Assembly had accepted in 1946 the Convention on the privileges and immunities of the United Nations, where the representatives of the states - members in the main and auxiliary bodies of the UN (delegates, their assistants, advisers, experts and secretaries of delegations) have practically all privileges, immunities and privileges, what the diplomatic representatives use. Later in 1.947 the UN General Assembly had ratified the Convention on privileges and immunities of the specialized establishments. The UN had concluded agreements with the USA and Switzerland about its headquarters in the territories of these states and also with
Besides, in the agreement it is said that the requirement about the departure from the USA can be presented to the representatives of states at the international organizations "with observance of usual order established for the diplomatic representatives, accredited at the US Government". This agreement contradicts the status of the representatives of a state at the international organizations. The immunity of the representatives of states in the international organizations is much wider and more full, than immunity of officials. The immunity of the representatives of states is similar to diplomatic. In the basis of the immunities and privileges of the representatives of the states in the international organizations and in bodies of these organizations the right of the state in the international representation lays. Here with it is necessary to possess more possible privileges. There is a difference between the diplomatic representatives and the representatives of states in the international organizations, They are not accredited at the Heads of states and realize the rights in an international representation within the framework of the international organization. Differences of the representatives of the international organizations also are: their assignment is not caused by the reception of agrem'ent from international organization or the state of a stay; they cannot be announced persona non-Greta; in relation to them the state of a stay can not apply to the principle of reciprocity. According to the Convention stales have the right to nominate the employees of their constant representations freely. In it the principles
The Convention also adjusts the problem of privileges and immunities of administrative - technicians of constant representations and delegations, equating them to administrative - technicians of diplomatic representations. The Convention obliges the states of a stay not only to ensure all appropriate conditions for normal activity of constant representations and delegations but also to undertake all appropriate measures on instituting proceedings and punishment of the persons, who are guilty of encroachments on representations and delegations. The officials and the employees of the international organizations have the different legal status. The Convention on the privileges and immunities of the UN determines the following immunities and privileges for the officials: they are not subject to the judicial responsibility for told or written by them and for all actions, acted by them as the officials; they are released from the taxes of their salaries and compensations paid by the UN, from state service, from restrictions on entrance into the country and also from registration as the foreigners. They use the privileges concerning exchange, privileges at repatriation during the international crises. At initial employment of their post they have the right to import furniture and property without taxes. The circle of persons, who can use the listed privileges and immunities, is defined by the UN Secretary General. It is informed to the governments of all countries - UN members, as these privileges and immunities should be given to the UN officials in territory of all countries - participants of the Convention. The UN experts, leaving in business trip on behalf of the United Nations, use during their travel wider privileges and powers than the UN officials in its headquarter staff. They are given immunity from personal arrest or detention and from imposing arrest on personal
As a whole, privileges and immunities of the officials and the servicemen of international organizations in volume are already in comparison with diplomatic. In the Convention the granting of privileges and immunities to the UN officials and its experts is marked in the interests of the United Nations, instead of their personal benefit. The Secretary General has the right but also is obliged to refuse immunity given to any official or expert, when the immunity interferes justice deals and it is possible to refuse it without damage of the UN interests. ACTIVITY OF EMBASSY IN NORMAL CONDITIONS AND EXTREME SITUATIONS
1. Activity of an embassy in normal conditions The normal functioning of diplomatic representations depends on, as far as their security is guaranteed. In the activity of diplomatic representations the special place is occupied by the problem of protection of embassy premises, its communication facility, security of mail from access of other persons. The Vienna convention, 1961 (item 22) guarantees inviolability of premises of a representation and points out not only about inadmissibility of penetration of authorities of a host country into them but also obligatory acceptance of all appropriate measures for protection against any entry or drawing of a damage. The same clause establishes that the premises of an embassy, subjects of accommodations and other property and also means of movement use immunity from a search, requisition, arrest, and juridical actions. Special clauses of the convention establish inviolability of archives and documents of representation irrespective of their place of a presence. The main problem is finding of premises for foreign bodies. It should be prestigious, suitable for representation and meet as much as possible maximum requirements of feature of representation work. The working rooms are desirable to place so that to complicate glancing from outside. Generated by Foxit PDF Creator© Foxit Software http://www.foxitsoftware.com For evaluation only.
Many embassies enclose its territories by special borders with the purpose of difficulty penetration into the territory of a representation. Quite often for observing over the territory of an embassy video cameras are established, which help the attendant of an embassy to control its separate sites. The entrance and exit of the territory of an embassy are equipped with the signal system and intercom allowing establishing communications with the attendant of a representation. It is necessary to provide all measures on maintenance of representation by protection against a fire. The fire-prevention means should be such that allowed to liquidate a fire right at the beginning, to locate its centers. Probably some of you know that once in the US Embassy in Moscow there was a fire and the security service of the embassy liquidated the centers of a fire. Otherwise the call of the firemen is inevitable that is extremely undesirable for any representation. Besides in representation there should be experts ensuring mean of communication. All these problems require the competent settlement by own forces, without the invitation of foreign experts. The representations of some countries use special safeguarding, besides that protection, which is supplied by a host country. For example, the diplomatic representations of the USA in many countries are protected by American sea guards. It is necessary to ascertain that last years the activity of different terrorist organizations has received a wide circulation. Their activity quite often is directed against diplomatic and consular representations. Kidnapping and murder of employees, bombardments of offices, explosions of a building became widespread phenomenon. It is necessary to all diplomatic representations to accept special measures for the prevention of consequences of terrorists' actions. The special
The outside protection of a representation, according to the Vienna convention (item 45) should be carried out by the state of a stay. Besides general measures on a security of a representation much depends on behavior of its employees. Each employee is an object of supervision not only special services of a host country but also of outlaw groupings. Therefore, to avoid provocations from any parties it is necessary to be faultless in dialogue with the environmental people. Illegibility in communications, the doubtful acquaintances, establishment of any contacts without the knowledge of the senior diplomats are not allowed to the diplomatic employees. The extra care should be observed in service conversations. As diplomatic cars are served by special firms of a host country, which conduct technical exams and repair of transport means, it is impossible to support service conversations in the car. There can be built overhearing devices. It is desirable to avoid service conversations in restaurants, cafe, especially, when the table is ordered beforehand. 2. Activity of an embassy in conditions of extreme situation There are various kinds of extreme situations. It can be the spontaneous disasters (flood, earthquake, hurricanes and other kinds), which cannot be predicted. The wars, revolutions, mass disorders in the country concern to other kinds of extreme situations. The most important in the work of an embassy is informing the center on an approaching extreme situation and sending proposals on possible measures for decrease of intensity and settlement of aggravated problems, on protection of interests of the state and its citizens. Let's stop on the military conflicts. As an example 1 would like to bring the Arab-Israeli war in 1967, one of the most difficult period in the history of the Near East conflict. (During this period I served as the Third secretary of the USSR embassy in the United Arab Republic), There were constant informations about preparing war to the Center. The new government was formed in Israel, the general mobilisation was announced. In May 1967 Israeli Knesset gave to the government
Israel had put impact by first, in some days it managed to break the armed forces of the big Arab state - the United Arab Republic, armed by the Soviet weapon, advanced for that period. The Egyptian side did not give additional protection to the USSR embassy, though according to the Vienna convention "the state of a stay... should respect and protect a premises of a representation together with its property and archive". At the request of the Soviet embassy the Egyptian party had made a protection of external territory by bags with sand in a case of street battle actions. Soviet military and other experts who served as the advisers in the country were involved in the protection of the embassy. As a result of the accepted measures the penetration of somebody into the territory of the USSR embassy practically was impossible. During this period the US embassy also carried out protection measures by its own efforts. The embassy deveJoped the detailed plan in a case of protection of five thousand Soviet experts working at the various industrial and agricultural enterprises, higher educational establishments, and geological parties, research institutes. All of them should limit their contacts, except for service. Besides that it was forbidden to attend public places, markets, meetings etc. The management of the embassy decided to cancel their contracts temporarily and to return the experts home. Between Odessa and Alexandria steam-ships constantly plied, which under an escort of the Soviet military ships and submarines transported the Soviet citizens. The escort was necessary, as during this period in the Mediterranean sea there were not only Soviet military ships and submarines, but also American ones of the sixth fleet. The Soviet and American military ships went side by side. In next time the world was on the verge of appearance of the war between the two super powers. The weight of an extreme situation was aggravated by that fault for so heavy consequences of the defeat Arabian management partly assigned to the Soviet Union, namely to the Soviet arms and techniques. The latent discontent grew and even the vigorous efforts of the USSR on the termination of war could only partly compensate disappointment
Fortunately, during the six-day war any Soviet man had not suffered. About the end of consequences of an extreme situation could not be speech. The capital of the UAR - Cairo was in a siege situation. The Security Council resolutions of June, 7 and 9 1967, accepted on the second day of military actions, about the holt of military actions by Israel were not carried out. Then the USSR decided to break the diplomatic relations with Israel and warned the Israeli government that the sanctions of military time will be applied to it, if the government does not fulfill the decision of the UN Security Council. Only after these resolute actions the military actions were stopped. This evident example demonstrates the activity of the USSR embassy in an extreme situation caused war between a host country and the third country. Other not less evident example is the activity of the Soviet Consulate-General in Istanbul during the Cyprus crisis. As against the Arab-Israeli war, the war had started between the two states, which are included in one military block - NATO and passed in the territory of the third state. In summer on July 15, 1974 the rebellion, organized by the Greek militaries against the government headed by the President archbishop Makarious, had taken place in Cyprus. Rebels tried to liquidate the independence and sovereignty of the Republic of Cyprus and to set "enosis" of Cyprus with Greece. As it is known, Turks as well as Greeks live in Cyprus. Turkey was captured by a wave of the war scare. It was necessary to rescue the brothers Turks, living in native lands. Istanbul was announced to be in a military situation. After the sun set the city was immersed in a gloom. The cases of an attack on shops of the Greek dealers became frequent. The Soviet Consulate-General worked to prevent all possible consequences of an extreme situation. The emergency meeting of all services of the Consulate-General was called and the paramount tasks were planned. The information was sent to the Center immediately and the next days after careful checking it was sent regularly. First of all, it was necessary to secure the members of families and children who had arrived for summer holiday. For this purpose we
Other kind of extreme situations are the acts of nature. Hurricanes, floods, earthquakes etc concern to them. As acts of nature are unpredictable, the activity of diplomatic representations should be precise and operative. First of all, it is necessary to find any way and to transfer the information on a tragedy to the Center. First tasks are to render help to the injured people, to contact to the appropriate bodies of a host country urgently and to accept the possible help. Further- to secure the members of families and, in case of a necessity, to prepare them for evacuation, then to try to save up the diplomatic documents, in order to prevent getting them in another's hands. T was eyewitness of one more kind of an extreme situation, when I was the Councillor of the USSR embassy in Ethiopia, the head of the Soviet-Ethiopian bilateral relations group. In 1984 the terrible drought has burst in all territory of Ethiopia. The hunger period began in the country. The people died by settlements, as cattle began to be killed by drought. Ethiopia had addressed to all countries of the world with the request of rendering of a humanitarian help. There was appropriate information to the Center and the embassy proposal to direct the humanitarian help to Ethiopia. The Soviet Red Cross and Red Crescent society arrived and delivered the large party of food and medicine to Ethiopia. Before the embassy there was the problem of delivering of food direct to dying people. In settlements there was terrible epidemic of most various enteric diseases. The plan was developed, according to which it was decided to drop products from the helicopter to small settleme Date: 2015-12-17; view: 1079
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2. Diplomatic representation, its tasks, functions and personnel
communications with this state. Usually consulates open in seaports and places, where the trade relations are conducted.
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ships of this state and necessary help to their crews. Non-regular consul can be nominated both citizen of a directing state and citizen of a host country.
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special missions were widely used by the USSR, England and the USA. For example, special missions of the USA existed during events in Yugoslavia. The functions of the special mission are defined in the mutual consent of two states.
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The status of these organizations is defined by their authorized rules. The state members nominate their representatives or observers at these organizations. Functions of these representations are regulated by "the Convention on representation of the states and their relations with the international organizations of universal character". According to the Convention the immunities and privileges are given to the constant representatives both observers similar to diplomatic ones. As an example, it is possible to represent Representations at the UN. The UN member states accredit their constant representations at this Organization. For accreditation of its head - Constant representative -it is not necessary to request an agreme'nt. He entrusts the powers to the UN Secretary General. The powers of the Constant representative at the UN can proceed from the Head of a state, the Head of a Government or Minister of foreign affairs.
The realization of external policy tasks of the Republic of Kazakhstan besides the Central staff is assigned to foreign bodies of external relations - embassy and mission. The embassy of the Republic of Kazakhstan is a state body of external relations, high diplomatic representation in a host country.
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and rights of the Extraordinary and Plenipotentiary Ambassador of the Republic of Kazakhstan ", law " About the diplomatic service of the Republic of Kazakhstan " and other documents.
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official delegations and representatives of RK, sent on business in a host country in performance of their mission. In case of necessity the embassy can give its opinion and conclusions to interested bodies on the results of the work of official delegations.
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consular charter and other acts of RK, instructions endorsers of the ambassador, and also norms of the local legislation.
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of the objective information about the Republic of Kazakhstan abroad, promote strengthening of international positions of the country.
influence of internal policy on external one all these require attentive study.
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with opposition the analysis of ruling policy situation in the country will be unilateral, it is possible also incorrect. Here diplomats should adhere to the rule - to listen, but not to interfere, to do conclusions, but to work themselves. The senior diplomat - counselor or first secretary, usually heads such group in an embassy.
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LEGAL STATUS OF DIPLOMATIC REPRESENTATIONS
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The diplomatic personnel have the right to move freely in the territory of the state of a stay, in view of rules of the closed zones.
policy reason to be protected from abusing by immunities and privileges on the part of foreign diplomatic representations. For example, in the USA in a cut with the Vienna convention the administrative responsibility of diplomats for the infringement of rules of road movement have entered. The tendency to reduction of volume of immunities sometimes is mortified by necessity of struggle with growing amount of terrorist acts, to which diplomatic representations sometimes have their attitudes. The restriction of volume of immunities is connected and to economic reasons. For example, in 1987 Great Britain has accepted thelaw, by which the number of buildings of diplomatic representations was limited, to which the immunities and privileges are distributed. The doctrine of the limited immunity of states has resulted that court considers the claims of private concerns to diplomatic representations, the arrests of embassies accounts in the bank are imposed. The supporters of the approach of restrictive immunity explain their actions by requirement of prevention and suppression of various abusing by diplomatic immunities and privileges.
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It is possible to ascertain that the specified persons have complete immunity not only from criminal but also from civil and administrative jurisdictions.
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France and Italy on the accommodation of the UN specialized establishments (UNESCO - France, FAO - Italy) in their territories. Rules about the privileges and immunities of the representatives of states as well as officials of the appropriate organizations are listed in these agreements. They are narrowed a little in some agreements however. The UN agreement with the USA about headquarters, recognizing basically the right on the diplomatic privileges and immunities of the representatives of states in the UN specialized establishments, at the same time allows to the US authorities to raise with the consent of the State secretary the matter against the employees of representations and the UN officials with the purpose of presentation to them the requirements about departure from the USA "at abusing by privileges".
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of complete inviolability of the person of the representatives of states in the international organizations and at the international conferences, premises of constant representations, inhabited premises of delegations and also mails of representations and delegations are fixed. Volume of the privileges and immunities submitted to the constant representatives, constant observers in bodies and at the international conferences come close to diplomatic.
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luggage. Besides, they have judicial immunity concerning to all told and written on duty; inviolability of all papers and documents, right to use the code and to receive the correspondence by means of couriers or valise for their communication with the United Nations.
The most convenient accommodation considers, when windows leave in an internal courtyard or indistinct walls of the next buildings. If the building is under construction especially for representations abroad, these recommendations are easily feasible. When the building is rented under an embassy but it is also here impossible to ignore the standard rules of security.
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security measures are undertaken at the reference with receiving of post correspondence, parcels, packages.
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the power to begin military actions against Syria. The Egyptian military techniques had appeared at the borders of Israel.
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of the Egyptian leaders from a shattering defeat. The Soviet Union could not admit to subdue its position in the Near East region.
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prepared air-raid shelter, kept from the time of the Second World War, necessary quantity of drinking water, dry products, beds were reserved. Our preparations were in time, as on July 25 Turkey army had landed on Cyprus. To go outside of our territory was limited, it was authorized to the members of families only in the emergencies and it was necessary in support of the men and only in daytime. The diplomats were recommended to reduce visiting of various receptions. All undertaken measures had allowed us to pass this extreme situation without serious incidents. It was examination for me personally, while I was Acting Consul-General at that time.