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India rejects Canada’s accusations of violating Vienna Convention on Diplomatic Relations by removing 41 diplomats

"We reject any attempt to portray the Implementation of parity as a violation of International norms," the Indian Ministry of External Affairs clarified.

On Friday (20th October), the Indian Ministry of External Affairs rejected the Canadian government’s claim that India violated the Vienna Convention on Diplomatic Relations by asking Canada to remove 41 diplomats.

In a statement, MEA made it clear, “We have seen the Statement by the Government of Canada on October 19 regarding Canadian diplomatic presence in India. The state of our bilateral relations, the much higher number of Canadian diplomats in India, and their continued interference in our internal affairs warrant a parity in mutual diplomatic presence in New Delhi and Ottawa.”

“We have been engaged with the Canadian side on this over the last month In order to work out the details and modalities of its implementation…Our actions in implementing this parity are fully consistent with Article 11.1 of the Vienna Convention on Diplomatic Relations, which states the following,” it further added.

Article 11.1 of the Vienna Convention says [pdf], “In the absence of specific agreement as to the size of the mission, the receiving State may require that the size of a mission be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the receiving State and to the needs of the particular mission.”

“We reject any attempt to portray the Implementation of parity as a violation of International norms,” the Indian Ministry of External Affairs clarified.

The Background of the Controversy

Canada Foreign Minister Melanie Joly announced on Thursday (19th October) that Canada has removed 41 diplomats and their 42 family members, from India over the ongoing row between the two countries. 

“As of now, I can confirm that India has formally conveyed its plan to unethically remove diplomatic immunities for all but 21 Canadian diplomats and dependents in Delhi by tomorrow, October 20. This means 41 Canadian diplomats and their 42 dependents were in danger of having immunity stripped on an arbitrary date. And this would put their personal safety at risk,” Joly said, as she confirmed the departure of Canadian diplomats. 

This comes after India suspended visa operations to Canada and called for a reduction in Canadian diplomats in India, calling for ‘parity’, owing to the ongoing diplomatic row between the two nations. 

Canadian Foreign Minister said, “…We have facilitated their safe departure from India. This means that our diplomats and their families have now left diplomatic immunities. Keep diplomats safe, no matter where they’re from and where they’re sent to. Immunities allow diplomats to do their work without fear of reprisal or arrests from the country they’re in.” 

“They are a fundamental principle of diplomacy and this is a two-way street. They only work if every country abides by the rules. A unilateral revocation of diplomatic privilege and immunities is contrary to international law. It is a clear violation of the Vienna Convention on Diplomatic Relations and threatening to do so is unreasonable and escalatory. If we allow the norm of diplomatic immunity to be broken no diplomats anywhere on the planet would be safe,” she said, adding that Canada “will not reciprocate,” she said, according to CTV news.

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