Foreign diplomats say Modi govt lockdown rules too strict, need more curfew passes to work

Foreign ministry has issued an advisory asking embassies to 'strictly follow' lockdown guidelines, but diplomats say restrictions violate Vienna Convention.

File photo | Ministry of External Affairs | Manisha Mondal | ThePrint

New Delhi: Several foreign diplomats and embassies have claimed the Narendra Modi government’s strict lockdown guidelines being enforced on them is in violation of the Vienna Convention even as the Ministry of External Affairs (MEA) issued an advisory asking them to “strictly follow lockdown guidelines”, ThePrint has learnt.

Some of them have urged the government to issue more curfew passes.

“While we understand these are difficult times and we are facing unprecedented challenges, the Vienna Convention on Diplomatic Relations gives diplomats the right to move freely without any restrictions in order to impart our duties,” said a diplomat of a European country who refused to be identified.

According to Article 26 of the Vienna Convention on Diplomatic Relations, 1961, “the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory”.

While all foreign missions and embassies based in India are following the lockdown rules, some cases of violations have come to light, such as last week’s incident of an Uruguayan diplomat who was found cycling in Delhi’s Vasant Vihar area without a mask or gloves.

Diplomatic sources say the MEA is being forced to issue such an advisory in these circumstances.

Most large embassies and high commissions are currently focussed on repatriating their citizens back to their respective countries for which the embassy staff need to travel across India, sometimes by special buses, to bring back nationals to designated airports. As a result, following lockdown rules has become difficult for them.

Too few curfew passes, say diplomats

According to sources, the ministry has been regularly issuing advisories for embassies and its personnel “to strictly follow lockdown guidelines”.

“We have issued a very limited number of curfew passes for essential work. We will continue to advise the diplomatic community to adhere to the lockdown guidelines as it is in their interest and well-being of each and everyone,” said an MEA official.

However, according to another foreign diplomat, who did not want to be named, embassies that have over 200-250 staff, and are dealing with the monumental exercise of sending back their citizens, are finding it “hugely challenging” to operate with the five to six curfew passes that are being issued.

“We got very few (curfew) passes. How will be work like this? At any given point of time, there are over 15-20 embassy personnel who are having to show up for work and they are working in two to three shifts … how will they work if they are not given curfew passes? So automatically lockdown rules are getting violated,” said the diplomat, claiming that Indian diplomats abroad are not being prevented from moving around freely.

Some diplomats have also claimed that passes are not being issued to the people being recommended by the missions, but to other personnel.

Another diplomat stated that while it is true that the Vienna Convention does not address an unprecedented pandemic situation like the spread of SARS-CoV-2 virus, the Indian government could increase the number of curfew passes being issued in order to make the operation of daily work smooth.