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The functions of Diplomatic Missions according to the Vienna Convention 1961
Download Reminder notice to the MEA PDF (Size 112 KB)
Recent developments about the responsibility of an Ambassador of a country. They are particularly relevant while considering the serious actions to be pursued at the Ambassadorâs level for securing the interests of the Indian citizens. I may be permitted to refer to the Vienna Convention on Diplomatic Relations, 1961, available in United Nations, Treaty Series, Vol. 500, Page 95.
Important reminder notice to the Ministry of External Affairs, Government of India
(The following excerpts highlights very important elements in view of the observations on the conduct of the matter, the Italian Ambassador, in the case pending before the Supreme Court of India)
March 20, 2013
The Secretary to Government of India,
Ministry of External Affairs,
Government of India
172, South Block, New Delhi â 110 011.
Ref.30JAN2013/INDO-GULF/REP
Respected Sir,
I had submitted to the Ministry a detailed representation for âIndo-Gulf Reparation Mechanismsâ relating to my grievances arising out of the cruel treatment, and the NON-EXECUTION of Judgments for both, the lower Court and the highest Courts ofAbu Dhabi, U.A.E., in my favour where I had spent a long period serving that Nation, as a law abiding Indian citizen.
Some criminal elements resorted to inhuman and illegal activities, against me. That is the essence of the grievance.
A copy of my representation had been sent to Shri Salman Khurshid, HonâbleMinister for External Affairs. The Minister was generous enough to intimate me by his communication dated 15-2-2013 that he had âasked the concerned division to examine the sameâ.
With my agony remaining unabated, I am compelled to seek an immediate reply and relief from the Ministry.
Permit me to add two further aspects to my representation:
- 1) The judgment of the Delhi High Court 19-9-2007, which had extracted the letter of the Ministry dated 29-07-1998 reading:
âAlthough under Section 86 cannot be granted for suing the UAE Government, we are taking up the matter with our Embassy in Abu Dhabi once again, requesting them to pursue this case at appropriate levelâ. (Emphasis supplied).
(A copy of that judgment is enclosed herewith for ready reference)
I have not been informed about the further endeavours of the Embassy in securing justice for my cause. - 2) Recent developments about the responsibility of an Ambassador of a country. They are particularly relevant while considering the serious actions to be pursued at the Ambassadorâs level for securing the interests of the Indian citizens.
I may be permitted to refer to the Vienna Convention on Diplomatic Relations, 1961, available in United Nations, Treaty Series, Vol. 500, Page 95.
It may be noted that under Article 3, the functions of a Diplomatic Mission include:
(b) Protecting in the receiving State, the interests of the sending State and OF ITS NATIONALS, within the limits permitted by International Lawâ;
(c) Negotiating with the Government of the receiving State;
Under Article 41 (2), âall official business with the receiving State entrusted to the Mission by the sending State shall be conducted with or through the Ministry of Foreign Affairs of the receiving State or such other Ministry as may be agreedâ.
The conduct of the official business has to be emphasized in this context.
When the courts of one country in this case (UAE) concurrently declare the conduct of the foreign national (in this case, an Indian Citizen) as blameless, and when that declaration is reiterated by a High Court in India (Delhi High Court), it is, doubtless, an act of bad faith on the part of the foreign nation.
The legal position in such a situation is stated as:
âA State which acts towards foreign nationals in bad faith - violates the minimum standards of international law and acts contrary to the principles of law recognized by civilized nationsâ. [see the observations in 1952 Current Legal Problems, P.314]
This aspect has to be highlighted by Indian Ambassador at the highest level in the Government of U.A.E.
It is respectfully PRAYED that the External Affairs Ministry may be pleased to take peremptory action to discharge its solemn duties in protecting the long standing grievances of the Indian citizen.
I humbly request for such action at the earliest, and at any rate, before 15-04-2013.
If justice is denied to me even at this late stage, I may be constrained to seek relief from a Court of Law, to compel the Government to discharge its legal and Constitutional duty. (I would earnestly desire to avoid such an unpleasant course).
The Ambassador of the receiving State can be requested to bestow his personal and immediate attention in the matter, and to ensure the efficient performance of the functions of diplomatic missions according to the Vienna Convention signed at Vienna on 18 April 1961. This is all the more important in view of the observations on the conduct of the matter Italian Ambassador, in the case pending before the Supreme Court of India.
When the justice due to the petitioner has been declared by the Courts in U.A.E., and by the observations of the Delhi High Court, it is the bounden duty of the Indian Ambassador in U.A.E. to take up the matter firmly but in diplomatic style, to espouse the petitioner's cause with that Government. That will be discharging a duty assumed by the Government of India in its order dated 20-11-1997, as extracted in the judgment of the High Court of Delhi.
I seek an interim reply, acknowledging receipt of my humble representation.
Yours faithfully,
Panikkaveetil K. Jabir
Encl: 1) Copy of judgment of the Delhi High Court, dated 19-09-2007
The petitioner seeks a quashing order or direction to set aside an order dated the 29th of July 1998 made by the second respondent in these proceedings, i.e. the Ministry of External Affairs, Central Government. By that order (hereafter called 'the impugned order'), the respondents declined an application of the petitioner for permission to sue the Government of the United Arab Emirates (UAE). Full Text: Panikkarveetil K. Jabir vs Union Of India on 19 September, 2007 Delhi High Court
Encl: 2) List of heinous crimes committed by the UAE authorities against the petitioner
Disturbingly, the other Govt functionaries, the Ministry of Interior and the Emigration department dishonestly conspired with the Public Prosecution for hiding exonerating evidences and Judicial decisions to defraud a victim of torture. To this end, it was explicitly clear that all the above mentioned functionaries of Abu Dhabi Government posed as agents of a criminal, who has already been convicted of serious fraud. The events involved in the tragic case of the victim, which threw him out of his flourishing business field in Abu Dhabi, UAE and in the Middle East to a highly painful and devastating situation in his life could be briefed below:- View Full Text (HTML)
Download the PDF (Size: 425 KB)
Encl: 2) A Gift with Lots of Baggage (The realities of the UAE By Sarah Leah Whitson / HRW)
This a country where people who attempt to exercise their right to free speech and peaceful dissent are likely to find themselves in arbitrary detention, where lawyers are harassed and even deported for their efforts to defend peaceful dissidents, and where migrant workers, who make up about 95 percent of the work force, face extraordinary exploitation. In the last year the situation has deteriorated so significantly that on October 26 the European Parliament issued an urgent resolution calling on its strategic partner to call a halt to an ongoing campaign of repression and intimidation against its citizenry. Source: HRW Download the PDF (Size: 52 KB)
Get the copy: Representation for ‘Indo-Gulf Reparation Mechanisms’
- Representation Full Text
- Summary of the Representation
- Key Recommendations
- Preface by Mr. V.R. Krishna Iyer, Former Justice, Supreme Court of India
- Covering Letter by Mr. K. Sukumaran, Former Justice of Kerala and Bombay High Courts
- Existing Mechanism(s) Inter-American System; African Union; European Union
- About Petitioner
- Recipients
- Acknowledgements
- Conclusion
- Description of documents
- Featured Responses
- Comment, Opinion and Expert Views
- Suggestion Box
Download the Representation (PDF 1.58 MB Size)
Return to:Â âIndo-Gulf Reparation Mechanismsâ
Forum submissions:
Representation for âIndo-Gulf Reparation Mechanismsâ - Reparation Law
Representation for âIndo-Gulf Reparation Mechanismsâ - Migrant Forum
Reference resources:
PUBLICATIONS
Report on Active involvement in the process of getting justice and its implicationsâ...Publications
'A PORTFOLIO OF UAE JUDGMENTS FOR SALE'
The total face value of above listed ’portfolio of Judgments‘ worth over $ 1,200 million - The sale price, it is only 35% of the original price! Outright sale of the judgment is not envisioned. Funds are proposed to be raised by distribution of shares... Read Text: âA Portfolio of UAE Judgments For Sale'!
Strategy Formulation and Implementation
Strategy Formulation and Implementation of ‘Reparation Mechanisms’ Between India and the GCC countries
25 January, 2013 Overseas Indians’ Legal Cell
Human rights are universal and inalienable. They are the foundation of freedom, justice and peace, and are the basic standards without which people cannot live a life of dignity. Although human rights are theoretically universal and inherent they can be denied through violations in practice. People are often unable to enjoy their human rights because of who they are, and where they live. Discrimination is an abuse which prevents people from enjoying their basic human rights, and thus undermining the very concept of a universal right.
The United Nations is an international organization founded in 1945. All Member States of United Nations (UN) have an obligation to promote and protect Human Rights and fundamental freedoms as stated (in Articles 55 and 56) in the Charter of the United Nations. Since the establishment of United Nations, a wide range of Human Rights instruments have been developed in different regions of the world to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.
The International law is fairly clear that the governments have a duty of ratifying human rights treaties and mechanisms, focused on the recognition of victimsâ rights and dignity; their protection and promotion is the first responsibility of States, in doing so, commit to meeting certain human rights obligations of the states. Unlike all other regions, the establishment of regional inter-governmental Human Rights mechanisms, to date, a mechanism to enable individuals to seek redress, has not been created between India and its neighbouring countries.
Read Full Text: The sealing of the MOA (Memorandum of Agreement) and MOU (Memorandum of Understanding) with regards to the Strategy Formulation and Implementation of a Mutual Reparation Mechanism Between India and the GCC (Gulf Cooperation Council) countries to help the migrants and their families to live with dignity.
Reparation Mechanisms Between India and Gulf Countries
Date: 28 Dec 2012 Kochi -
"The individualâs Right to Reparation is expressly guaranteed by Global and Regional Human Rights Instruments. Due recognition of victimhood plays a very important role in reparations granted by international human rights law - Permanent Court of International Justiceâ It is in this context that we proposed to submit a representation to the government of India, the Ministry of External Affairs (MEA) and the Ministry of Overseas Indian Affairs (MOIA) to evolve an effective Reparation Mechanism between the Union Government of India and the Gulf Countries in order to help the harm suffered.
The larger part of the Principles and Guidelines, with strong domestic law implications, sets out the status and the rights of victims, and corresponds to the title of the document as it refers to the right of victims to a remedy and reparation. (Resolution adopted by the General Assembly remedies [UN] 11-23). It is a well known fact, that India is not a signatory of the Rome Statute of United Nations, the 'constitutional' principle of the permanent International Criminal Court (ICC or âthe Courtâ) nor any âReparation Mechanismsâ within its own territory as a matter of domestic jurisdiction.
.Read Full Text: Reparation Mechanisms Between India and Gulf Countries
Principal Resources:-
1) International Human Rights Law & Protection Mechanisms’
The United Nations is an international organization founded in 1945. All Member States of United Nations (UN) have an obligation to promote and protect Human Rights and fundamental freedoms as stated (in Articles 55 and 56) in the Charter of the United Nations. The UN Charter | The General Assembly | The Security Council | International Court of Justice | OHCHR | UN Charter-Based Mechanisms | UN Human Rights Council | UN Treaty-based bodies | International Human Rights | Special Procedures of the Human Rights Council | The Paris Principles | The UN system | The Trust Fund for Victims (TFV) | Complaint Procedure
Global Practice of ‘Human Rights Law & Protection Mechanism’
Since the establishment of United Nations, a wide range of Human Rights instruments have been developed in different regions of the world to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.
American Mechanisms | European Mechanisms | African Mechanisms | The Paris Principles | The Human Rights Council | International Human Rights Mechanisms
(2) IX. Reparation for harm suffered (A/RES/60/147)
"States shall, with respect to claims by victims, enforce domestic judgements for reparation against individuals or entities liable for the harm suffered and
endeavour to enforce valid foreign legal judgements for reparation in accordance
with domestic law and international legal obligations. To that end, States should
provide under their domestic laws effective mechanisms for the enforcement of
reparation judgements" Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of
International Human Rights Law and Serious Violations of International Humanitarian Law. rights-remedy-reparations-general-assembly.pdf (size 146 kb)
(3) Article 8 of the Universal Declaration of Human Rights expresses this principle as follows:- "Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law." Universal Declaration of HumanRights, G.A. Res. 217A, art. 8, U.N. GAOR, 3d Sess., 1st plen. Ntg,m U.N.Doc. A/810 (Dec. 12, 1948)
(4) Article 2(3) of the International Covenant on Civil and Political Rights obligates States "to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy," and "[t]o ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities." International Covenant on Civil and Political Rights, art.2(3), Dec. 16. 1966, S. Exec. Doc. E, Doc.E, 95-2 (1978), 999 U.N.T.S. 171 [International Covenant on Civil and Political Rights - ICCPR].
(5) Human Rights Treaties Obligate States to Provide Effective Remedies for Victims of Human Rights Violations. The principle of effective remedy, or effective reparation is a golden thread that runs through all modern international human rights treaties (American Bar Council). Professor Theo van Boven, an expert in the field of remedies for violations of international human rights law, explained the legal principle as follows:- "As the result of an international normative process the legal basis for a right to a remedy and reparation became firmly anchored in the elaborate corpus of international human rights instruments, now widely ratified by States." (Adopted by General Assembly resolution 40/34 of 29 November 1985 - Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power)
justice-for-victim-of-crime.pdf (size 79.6 kb)
(6) Legal Framework of Rome Statute
The legal framework of Rome Statute is based on respect for individual rights and freedoms and included mechanisms to ensure impartial justice...The full text
Useful Links:-
The Universal Declaration of Human Rights...Read More
Whatâs Reparation Law?
The various forms of reparation law and their scope and content, covering both monetary and non-monetary reparations, may be summarized in its five forms consists restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Reparation shall render justice by removing or redressing the consequences of the wrongful acts and by preventing and deterring violations... Whatâs Reparation Law
Defining the Goals of Reparations
The quest for protecting individuals from mass atrocities is as old as the UN Charter and the Universal Declaration of Human Rights. The larger part of the Principles and Guidelines, with strong domestic law implications, sets out the status and the rights of victims, and corresponds to the title of the document as it refers to the right of victims to a remedy and reparation... Defining the Goals of Reparations
The Concept of Reparations
Reparation for the victims or survivors of torture, which is their right under international and many national laws, is becoming more and more a realistic possibility. As a result, many legal academics and lawyers, sociologists, medical practitioners and psychologists are now discussing the concept of reparation...The Concept of Reparations
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.
http://www.reparationlaw.com/statepractices/remedy-reparations-state-responsibilities.php
An introductory note by Prof. Dr. Theo van Boven
http://www.reparationlaw.com/resources/treaties-international-law-scholars-experts/
A Handbook on Justice for Victims
A Handbook on Justice for Victims based on the use and application of the âDeclaration of Basic Principles of Justice for Victims of Crime and Abuse of Powerâ....More
A Handbook Implementing Victims' Rights
Handbook on the Basic Principles and Guidelines on the Right to a Remedy and Reparation - Handbook prepared by The Redress Trust
http://www.redress.org/downloads/publications/Reparation%20Principles.pdf
Reparations Law Debate:-
Reparation has progressively been conceived as a âRightâ of victims.
Invest in a Judgment
Prospects:- International human rights treaties and instruments provide that victims of international crimes have the right to seek and obtain effective remedies for the violation of their rights. In honouring the victimsâ right to benefit from remedies and reparation, the international community keeps faith with the plight of victims, survivors and future human generations and reaffirms international law in the field...International Courts and Tribunals
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