Diplomatic and consular privileges and immunities abuse in relation to the principle of reciprocity vis-à-vis the victims’ rights guarantee in Namibia and international law
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Date
2024
Authors
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Journal ISSN
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Publisher
University of Namibia
Abstract
The purpose of this study was to investigate the status of diplomatic and
consular law on the privileges and immunities accorded to diplomatic and
consular mission premises, as well as diplomatic and consular agents in
terms of the Vienna Conventions on Diplomatic and Consular Relations of
1961 and 1963, and in relation to the principle of reciprocity from a
Namibian perspective. Moreover, the study sought to assess whether the
current setup breeds diplomatic and consular privilegesand immunities
abuse. The study further aimed to investigate and examine how abuse of
diplomatic and consular privileges as well as immunities undermine the
constitutional rights of the victim person, and whether it is necessary to
amend the current Namibian and international legal framework on diplomatic
law. This investigation and discussion primarily focused on the mission
premises and its ancillaries, as well as the diplomatic agent with regards to
the criminal, civil, labour and administrative legal aspects. This study did not
make use of a population, as its research method is strictly qualitative,
considering that it did not entail data collection. The study engaged only
existing literature and case law on diplomatic law to find solutions to the
target problem. Moreover, the study, through its foreign jurisdictions –
caselaw and Namibian non-judicial cases – revealed that the status quo of
the legal framework of diplomatic law breeds abuse by diplomatic and
consular agents at the expense of the victim person’s constitutional rights
due to a lack of sufficient remedies. The study also enquired on which
doctrine (human rights law v diplomatic law) takes precedence in cases of
these abuses. The study recommended a reasonable balance between
human rights law and diplomatic law without derogating from the doctrine of
diplomatic law by suggesting amendments to both Diplomatic Privileges Act
71 of 1951 andVienna Conventions on Diplomatic and Consular Relations
Description
A thesis submitted in fulfilment of the requirements for the degree of master of laws
Keywords
Diplomatic, Consular, Law, Privileges, Immunities, VCDR, VCCR, Abuse, Human, Rights