Vienna Convention on Consular Relations (1963)

Type of practice: 
International frameworks and standards
Country: 
Global
Name of Stakeholder: 
United Nations
Type of Stakeholder Implementing the Practice: 
International Organizations
Type of crisis: 
Conflict, Natural Disaster
Crisis phase: 
Crisis Preparedness, Emergency Response, Post-Crisis Action

Related Links: Vienna Convention on Consular Relations (1963) I Document

Description

On 24 April 1963, the United Nations Conference on Consular Relations adopted and opened for signature the Vienna Convention on Consular Relations, the Optional Protocol concerning Acquisition of Nationality and the Optional Protocol concerning the Compulsory Settlement of Disputes. The Convention and both Optional Protocols came into force on 19 March 1967.

The Vienna Convention consists of 79 articles, most of which provide for the operation of consulates; outline the functions of consular agents; and address the privileges and immunities granted to consular officials when posted to a foreign country.

A few other articles specify consular officials’ duties when citizens of their country face difficulties in a foreign nation. Of particular interest for the right of individuals is article 36, providing for certain obligations for competent authorities in the case of an arrest or detention of a foreign national, in order to guarantee the inalienable right to counsel and due process through consular notification and effective access to consular protection.

Guidelines/Thematic Areas

Coordination

GUIDELINE 7: Establish coordination agreements in advance to leverage strengths and foster trust

States, private sector actors, international organizations, and civil society often work with fewer resources than required. Each of these stakeholders has unique skills, resources, and strengths. Working together to build partnerships, entering into agreements, and establishing routine coordination improves collective responses towards migrants, and prevents duplication of efforts. Such arrangements are best entered into before the next conflict or natural disaster, when stakeholders have the opportunity to anticipate challenges and leverage unique skills and strengths. Joint planning and coordination maximizes resources, improves the effectiveness of responses, and fosters trust between stakeholders. Involving migrants and civil society, who have first-hand knowledge of the specific needs and challenges faced by migrants, can improve the effectiveness of efforts to protect migrants in countries experiencing crises, including at the local, national, regional, or international levels.

These arrangements may relate to a range of activities relevant to the needs of migrants during the emergency phase and its aftermath—from collection of data to information sharing, consular services to identity assessments, awareness-raising to strategic communication plans, provision of humanitarian relief and services to referral systems, capacity-building to evacuation and reintegration assistance, and much more. This may include coordination and information sharing among anti-trafficking experts and humanitarian assistance providers to ensure screening for trafficking and referral to appropriate services. Additionally, by developing systems to identify refugees, asylum-seekers, and stateless persons, States can better ensure that these persons are appropriately referred to the available refugee and other protection mechanisms.

Stakeholders can often arrange in advance key services and resources that will be in high demand when a crisis hits, including transportation, shelter, food, health care, and timely and accurate information. Establishing and maintaining clear channels of communication between consular posts and relevant agencies of the host State is important. Such channels of communication could prove critical during crisis situations.

Sample Practices

• Pre-arranged agreements among stakeholders, such as agreements between States and international organizations for identity verification, shared use of assets, family tracing, and deployment of experts and humanitarian personnel.
• Multi-stakeholder agreements for relocation and evacuation that set out roles and responsibilities of partners and provide guidance on allocation of costs.
• Cross-border cooperation on crisis preparedness, taking into account particular needs of migrants, especially at a local level for communities that straddle borders.
• Reciprocal consular assistance and representation agreements to address gaps in situations where States do not have a diplomatic or consular presence in a country or have limited capacity
   

Referral procedures

GUIDELINE 12: Establish clear referral procedures among stakeholders

Certain stakeholders have mandates and unique skills to address the needs of different migrants. Referral procedures can help access these skills for those with particular needs.

Child migrants, for example, benefit from the assistance of actors versed in children’s rights and protection, including dedicated focal points in governments. Interventions targeted at domestic workers or victims of trafficking may benefit from the knowledge and experience of advocates and specialists on those populations. Civil society, such as migrant, grass roots, and faith-based actors, may be best placed to access migrants in an irregular immigration status. Consular officers and some international organizations may have the authority and capacity to assess identities and issue identity and travel documents. Host State local and national actors are often best placed to provide necessary services and international humanitarian actors should strive to provide assistance through local and national systems.

Stakeholders should establish referral procedures to ensure that those responding to the needs of migrants refer refugees, asylum seekers, and stateless persons to national and international protection mechanisms for those populations.

Sample Practices

• Identification and rapid assessment of migrants with specific needs who require referrals to services and assistance.
• Referral of refugees, asylum seekers, and stateless persons to relevant protection mechanisms.
• Deployment of experts to host States to identify, assess, and address needs of migrants.
• Referrals to international organizations and civil society with specialized experience assisting victims of trafficking, children, and other vulnerable migrants.