Vienna Conventions on Diplomatic and Consular Relations (1961, 1963)

The Vienna Convention on Diplomatic Relations (1961) and the Vienna Convention on Consular Relations (1963) codify the rules governing relations between states through their embassies and consulates. They are among the most widely ratified treaties in the world.

Diplomatic Relations

The 1961 Convention sets out the functions of a diplomatic mission, including representing the sending state, protecting its interests and those of its nationals, negotiating with the receiving state and promoting friendly relations. It guarantees the inviolability of mission premises (Article 22), which the receiving state's agents may not enter without consent, and of diplomatic archives and the diplomatic bag. Diplomatic agents enjoy personal inviolability and immunity from criminal jurisdiction and, with limited exceptions, from civil and administrative jurisdiction of the receiving state (Articles 29 and 31). At the same time, Article 41 requires diplomats to respect the laws of the receiving state and not to interfere in its internal affairs. A receiving state may declare a diplomat persona non grata at any time without giving reasons.

Consular Relations

The 1963 Convention governs consulates, whose functions include issuing passports and visas, assisting nationals in distress, registering births and deaths, and helping nationals who have been arrested. Under Article 36, when a foreign national is arrested or detained, the authorities must inform the person without delay of the right to have the consulate notified, and consular officers have the right to visit and communicate with the detained national. The International Court of Justice has enforced this obligation in cases such as LaGrand (2001) and Avena (2004).

Why It Matters to Citizens

For the millions of Indonesians who work, study or travel abroad, consular protection is the practical face of the state outside its borders, from replacing a lost passport to assistance in legal proceedings.

In Indonesia

Indonesia ratified both Conventions and their optional protocols by Law No. 1 of 1982. Domestic implementation is found in Law No. 37 of 1999 on Foreign Relations, which places the protection of Indonesian citizens abroad among the duties of the state.