2026-09-23T17:12:56Zhttps://repository.unam.edu.na/server/oai/request

oai:repository.unam.edu.na:11070/38562024-06-01T22:01:36Zcom_11070_3530com_11070_3314com_11070_3305col_11070_604

Hamukwaya, Nghihepavali Michael 2024-05-30T07:34:17Z 2024-05-30T07:34:17Z 2024 http://hdl.handle.net/11070/3856 A thesis submitted in fulfilment of the requirements for the degree of master of laws 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 en University of Namibia Diplomatic Consular Law Privileges Immunities VCDR VCCR Abuse Human Rights 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 Thesisopen.access