APPROVED [GA] Resolution to amend the Vienna Convention

[Connor]

PROPOSED RESOLUTION AMENDMENT THE GLOBAL ASSEMBLY

________________________________________________________________________________________________________________________________​

REPRESENTATIVES NAME AND TITLE | Marc Kvet

This Resolution overwrites the existing International Relations Resolution, submit in 06/1996 by including new amendments to the Vienna Convention:

ARTICLE 7
1. Subject to the provisions of articles 5, 8, 9 and 11, the sending State may freely appoint the members of the staff of the mission. In the case of military, naval or air attachés, the receiving State may require their names to be submitted beforehand, for its approval.

PROPOSED AMENDMENT |
2. Subject to the provisions of articles 5, 9 and 11, which hereon includes the recognition and appointment of; the sending State may freely appoint the members of the security staff of the mission. In the case of arming these personnel with any personal protective equipment which directly violates or challenges the integrity of the domestic law of the receiving State (including firearms, explosives and improvised devices/technology of any kind), they may require formal request to be submitted beforehand, for its approval.

3. The receiving State may, within reasonable limitations to permit the self-sufficiency of the diplomatic mission, require that the number of members of the mission, detailed in article 1, be below a specified limit for any one particular mission. This limit must be publicly available and published by the receiving State's Ministry of Foreign Affairs in the categories defined in article 1.


ARTICLE 8
1. Members of the diplomatic staff of the mission should in principle be of the nationality of the sending State.
2. Members of the diplomatic staff of the mission may not be appointed from among persons having the nationality of the receiving State, except with the consent of that State which may be withdrawn at any time.
3. The receiving State may reserve the same right with regard to nationals of a third State who are not also nationals of the sending State.

PROPOSED AMENDMENT |
4. Members of the diplomatic staff may not be appointed to roles or given responsibilities which include the legal integrity and security of the premises; this includes in any position which may require the equipment of personal protective equipment recognised for use in law enforcement or self-defence; except with the consent of that State which may be withdrawn at any time. However, members of the diplomatic staff may perform a passive performance in this task which would reasonably be expected in order to ensure the preservation of property, life and limb.


ARTICLE 25
The receiving State shall accord full facilities for the performance of the functions of the mission.

PROPOSED AMENDMENT |
2. The receiving State must provide electricity, sewage (plumbing) and potable running water to all premises afforded to any diplomatic mission; and commit to the regular maintenance and emergency repair to all facilities (with the permission of the head of the mission). These essential functions must remain fully operational and safe for the duration of the missions existence.


ARTICLE 26
1. Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory.

PROPOSED AMENDMENT |
2. The receiving State must provide safe transport for all diplomatic agents to an airport, train station, maritime port and/or an escort for their vehicles or chosen transportation option to any national border when requested by the sending State or head of the mission.


ARTICLE 11
1. 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.

2. The receiving State may equally, within similar bounds and on a non-discriminatory basis, refuse to accept officials of a particular category.

PROPOSED AMENDMENT |
3. The sending State is permitted to live within the borders of the receiving State and is subject to formal request to be submitted beforehand, for its approval.


ARTICLE 31
1.A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

(a) A real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;
(b) An action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;
(c) An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

2.A diplomatic agent is not obliged to give evidence as a witness.

3.No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under subparagraphs (a), (b) and (c) of paragraph 1 of this article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence.

4.The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State

PROPOSED AMENDMENT |
5. Children of a diplomatic agent shall enjoy the same immunities afforded to said agent however are not awarded the nationality of the receiving State, unless permitted by the Ministry of Foreign Affairs of both nations and agreed by the head of the mission.

6. Any visiting Head of State and Head of Government, as well as their spouses and entourage, for the purpose of the visit, shall experience the same customary immunities as any other 'diplomatic agent' as defined in article 1 of the Vienna Convention on Diplomatic Relations; receiving State's reserve the right to refuse entry to any visiting 'diplomatic agent' defined under this article.

7. Any visiting holder of a Global Assembly passport, as well as their spouses and entourage, for the purpose of the visit, shall experience the same customary immunities as any other 'diplomatic agent' as defined in article 1 of the Vienna Convention on Diplomatic Relations; receiving State's do not reserve the right to refuse entry to any visiting 'diplomatic agent' defined under this article on the provision that the visit is in the interests of the international community.


ARTICLE 40
1.If a diplomatic agent passes through or is in the territory of a third State, which has granted him a passport visa if such visa was necessary, while proceeding to take up or to return to his post, or when returning to his own country, the third State shall accord him inviolability and such other immunities as may be required to ensure his transit or return. The same shall apply in the case of any members of his family enjoying privileges or immunities who are accompanying the diplomatic agent, or travelling separately to join him or to return to their country.

2.In circumstances similar to those specified in paragraph 1 of this article, third States shall not hinder the passage of members of the administrative and technical or service staff of a mission, and of members of their families, through their territories.

3.Third States shall accord to official correspondence and other official communications in transit, including messages in code or cipher, the same freedom and protection as is accorded by the receiving State. They shall accord to diplomatic couriers, who have been granted a passport visa if such visa was necessary, and diplomatic bags in transit, the same inviolability and protection as the receiving State is bound to accord.

4.The obligations of third States under paragraphs 1, 2 and 3 of this article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and diplomatic bags, whose presence in the territory of the third State is due to force majeure.

PROPOSED AMENDMENT |
5. An aircraft or seafaring vessel in distress which is carrying a 'diplomatic agent' must be rendered assistance whilst in distress, this article refers to any announcement of distress whether in the form of a declaration of emergency, a "mayday" call or "S.O.S" communication; the receiving State must acknowledge use of technological systems, verbal and visual cues in order to make this announcement and maintains responsibility whilst the aircraft is within two-hundred nautical miles of a receiving State's coast.

6. An aircraft or seafaring vessel in distress which is carrying a 'diplomatic agent' must be permitted to make use of and given exclusive priority clearance into the nearest local airport and make full use of the appropriate coast guard, navy or air force in order to facilitate safe return. Under the circumstances of this article a 'diplomatic agent' may not be refused entry to receiving State.


ARTICLE 9
1.The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable. In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission. A person may be declared non grata or not acceptable before arriving in the territory of the receiving State.

PROPOSED AMENDMENT |
1. The receiving State must provide adequate notification informing the sending State of persona non grata in the form of two separate forms of correspondence, the second sent no sooner than three days after the first. Upon sending of the second notification the sending state should be granted fourteen days to vacate premises, residences and properties protected under this agreement and will maintain the immunities granted to 'diplomatic agents' throughout this period. In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions within the mission.


ARTICLE 45
If diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled:

(a) The receiving State must, even in case of armed conflict, respect and protect the premises of the mission, together with its property and archives;
(b) The sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to the receiving State;
(c) The sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State

PROPOSED AMENDMENT |
(d) The receiving State must treat the premises of the mission with the immunities and restrictions afforded by this article until vacation is complete.

(e) The sending State must exercise all possible contingencies in order to safely vacate the premises of the mission in an appropriate time frame and, in an event whereby this is not possible, notify the receiving State of a delay in process; only upon complete vacation of premises may this premises return to the control of the receiving State.


​

 

[Hollie]

GLOBAL ASSEMBLY ANNOUNCEMENT BY THE SECRETARY GENERAL

__________________________________________________________

The assembly is now in session to address the Amendments to the Vienna Conventions. Representatives are welcome to enter the chambers in order to participate in the debate. We duly remind the esteemed ambassadors of the seating arrangement, which remains alphabetical. We will open the session with a statement from the Swedish Ambassador, Mark Kvet.


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[Odinson]

The American Ambassador to the General Assembly would arrive.

 

[Connor]

Marc Kvet would strut into the room, his sequin suitcase in tow behind him as he makes his way to his chair. On this occasion his top half was onto covered in a shirt and tie whilst his suit blazer was slung neatly over his forearm which in-turn rest a black conference folder against his chest. Upon relieving his property onto his desk, a quick finger wiggle and a wink would be directed to the American representation. As per tradition, upon taking his seat he would erect a small Swedish flag onto the table.

 

[Jay]

There would not be much time to celebrate the passing of the Russian Crisis Financial Measures resolution before the second session would begin. Still, the Ambassador would smile and thank his staff for their hardwork. While Vice Minister Cho would stay in The Hague to work with the secretariat on financing and implementation. Seoul would agree to pay $1 billion onto of the nearly $1 billion spent buying up Russian weapons, hoping to inspire other countries to also assist the Russians. The Ambassador would get a brief moment to head back to his office before he joined the next session, as other members were still in the Russia crisis chambers when he had left, he figured he would get a couple of minutes. His staffers would be asked to go into the next session, while two would join the Ambassador in his office. The Ambassador would send a quick message to Seoul to inform them the resolution had passed, and would also check his emails on any thing important. He expected Ambassador Lee would now be in session, so left him a note through their aides. He would then go back after his little break to the chambers to see the latest resolution. Entering the chambers, he would see the Americans and Swedes already in attendance.

 

[Drivindeath]

India's Global Assembly Ambassador, T. S. Tirumurti, would leave the camber from the Russian Crisis Financial Measures resolution and head back to his office. There he would discover a new resolution being proposed. He would gather his notes and pack them neatly into a briefcase. From there he would head to the local coffee stop. He would order a caramel frappuccino with almond milk. From there he would head back to the GA chamber. He would take a look around and give a head nod and a verbal "Greetings" to the members in the chamber, before finally taking his seat. He would place his frappuccino down on the desk in front of him. He would then place his briefcase on the desk and organize his files on the desk. He would then proceed to sip on the frappuccino, enjoying the salty yet sweet taste of it.

 

[ManBear]

The Polish delegate, Andrej Towpik, would go to his office after the Russian Financial Crisis meeting for a small break before the next resolution would draw his attention away. Locking his computer, he would gather his things, including a pad of paper for note taking, before heading to the coffee shop. Grabbing two cups of coffee, he would proceed to the new chamber that was holding the meeting before making his way to the Ukrainian desk. After depositing the drink, he would make his way back to his desk and begin unpacking the tools of his trade. He would wait for the meeting to begin, while fighting the encroaching need to sleep.

 

[Tim]

Francesco Paolo Fulci, Permanent Representative of Italy to the Global Assembly, entered the room and took his seat.

 

[Alex]

The Canadian Ambassador to the Global Assembly, Robert Fowler, would arrive into GA chamber. Taking his seat where it stated 'Canada', the man would await for the resolution talks to begin.

 

[JakeDorent]

After leaving the session regarding the Resolution on the Economic Situation in Russia, the Brazilian Ambassador to the GA would make his way to his office to re-organize his notes, before making his way to the cafeteria, where Fernando would get a cup of Affogato coffee, before heading to the Chambers with his black hard case briefcase.

He'd take a seat where he was assigned, placing his coffee on the table alongside his small flag and laptop, once properly settled, he'd give a nod and a small smile of hello to the Canadian Ambassador, before taking a sip of his coffee, indulging in its vanilla sweetness.

 

[GingeOrCringe]

As had become common practice among Ukrainian politicians, Representative Ostap Ilchuk kept two cellphones on his person. One was for everyday communication and permitted to be turned off during meetings, the other was to be called only in emergencies. The second had gone off midway through the Resolution of the Economic Situation in Russia and he'd had to excuse himself from the chamber, missing the vote.

Ostap would returned in time for the next resolution, albeit looking incredibly distressed. What's more, he was disappointed in himself for having disposed of the coffee he had originally brought for the Polish representative. It had grown lukewarm over the course of the previous resolution and probably wouldn't have tasted very good. .."Thank you, friend," he managed a brief smile. "It is good to see Poland back on its feet."

ManBear

 

[Hollie]

MOGLOBAL ASSEMBLY ANNOUNCEMENT MOBY THE SECRETARY GENERAL

__________________________________________________________

The Vienna Convention has helped facilitate friendly relations between states since it's adoption in the Global Assembly on January 01st, 1995. It allows diplomats to conduct their duties without threat of influence and by extension, confront global challenges effectively. Speaking more on this topic is the Swedish Ambassador, Mark Kvet.



.
@Connor ​

 

[HeadlessSeeker]

The Russian Delegate to the GA would arrive, taking their seat. Their brief case next to their seat they awaited for things to get underway. These were certainly interesting times they were living in, and he had to keep on top of everything that came up at the GA. So, while a little late he had seemingly arrived before things could properly begin.

 

[Nathan]

Fashionable late once more, the Danish Ambassador Klara Paulsen takes her seat, proceeding to catch up on the meeting

 

[Connor]

"Thank you Secretary General. I will keep my opening remarks short.

Modern politics have been tense and often overshadowed by bilateral and even multilateral disagreements, conflicts and wars which have damaged diplomatic relations and the missions reliant upon them. Previously the Global Assembly voted to approve the Resolution on International Diplomacy presented by the Kingdom of Norway in mid-1996. Times have changed. This resolution failed to provide the necessary protections that our agents abroad should expect, basic protections to ensure that our missions can continue to provide the essential services required by our citizens on holiday, visiting family, working on business or whatever other endeavour takes them across borders. Let's not forget that these diplomatic missions are not a fashion statement, they serve the public and are often their only refuge when disaster strikes.

We present today a number of amendments to the Vienna Convention on Diplomatic Relations, an agreement already ratified by the Global Assembly. These amendments will see the consolidation of the Resolution on International Diplomacy into the Vienna Convention on Diplomatic Relations and subsequently see it as defunct. I encourage members to read through carefully and before you frown upon anything you disagree with, I am happy to explain our thought process behand the amendment."

 

[Jay]

"Mister Secretary General, members of the Assembly,

The Republic of Korea strongly supports the amendments and revision of the existing treaty drafted in the aftermath of a grave crisis. While often overlooked, diplomatic missions are an integral part of a sovereign state. They are the means by which states conduct diplomacy and interact with one another. With this said, the Republic of Korea maintains the following reservations over the proposed amendment of adding Clause 4 to Article 8. Which reads, Members of the diplomatic staff may not be appointed to roles or given responsibilities which include the legal integrity and security of the premises; this includes in any position which may require the equipment of personal protective equipment recognised for use in law enforcement or self-defence; except with the consent of that State which may be withdrawn at any time. However, members of the diplomatic staff may perform a passive performance in this task which would reasonably be expected in order to ensure the preservation of property, life and limb.

The Republic of Korea holds the following reservations, primarily over whether members of the diplomatic staff may be able to protect themselves in the event of an armed assault on the Embassy through means available to them on the diplomatic premise. While the Republic of Korea strongly affirms the essence of this proposal, that diplomats shall be diplomats and not act as security personnel. We have concerns over the language with regards to the right to protect the diplomatic mission from any and all forms of aggression ranging from assaulting diplomats, damaging diplomatic property, and an attack against the diplomatic mission. Our concerns stem from the mission being subject to an attacking it, in which case what are the rights under these terms for members of the mission not apart of the security of the diplomatic mission to ensure the safety and wellbeing of themselves, the mission, and persons inside.

On another note, with the matters of the proposed amendments adding clause 7 of Article 31 that reads as follows; Any visiting holder of a Global Assembly passport, as well as their spouses and entourage, for the purpose of the visit, shall experience the same customary immunities as any other 'diplomatic agent' as defined in article 1 of the Vienna Convention on Diplomatic Relations; receiving State's do not reserve the right to refuse entry to any visiting 'diplomatic agent' defined under this article on the provision that the visit is in the interests of the international community.

The Republic of Korea hopes for clarity over what is the process of dispatching an official of the Global Assembly to a member state, and if this process is done through the assembly members or through the secretariat. The Republic of Korea strongly reaffirms the principles of this clause and to ensure that all personnel of the GA are able to conduct the business of the assembly without obstruction.

Thank you"

Dutchy Connor

 

[Tim]

Y.M.G. Brandt, the newly appointed Dutch representative to the Global Assembly was informed directly after his appointment in the Catshuis, the home of the Prime Minister, that there was a meeting. She left with her bike and cycled through the Hague to the Global Assembly campus in 11 minutes. She identified herself with the appointment letter from the Prime Minister and was given a temporary visitors pass and was escorted by a staff member to the Global Assembly meeting room where she took a transcript and took her seat where she began reading the transcript.

 

[Connor]

"First of all I'd like to thank the Republic of Korea for their expression of concern, this is exactly the kind of diplomacy we need to promote in the chamber; rather than a complete veto over the document and the work that had been put into it, the clear and concise concerns allow me to address them individually not only for your reassurance but also for that of the assembly.

Let me make one statement very clear; these amendments in no way effect a diplomats, or any other person for that matter, right to self-defence and the adequate protection of life, limb and property; in many cases this is governed by domestic law. The host nation has an obligation to treat an emergency at a diplomatic mission with the same regard as any other location within their borders, with the adequate and appropriate emergency services to combat such a threat. I must stress that these amendments to the Vienna Convention in no way hinder your staffs ability to protect life, limb and property and in fact affords more rights to the safety and security of security personnel often tasked with these objectives.

In respect to clause 7 of Article 31, this does not refer to Ambassadorship of any members within the Global Assembly. This is to permit the necessary senior figures of the Global Assembly, particularly those within the Secretariat, to execute their duties appropriate and without hinderance in-line with the Global Assembly Charter. This clause always existed within the Resolution on International Diplomacy, which we propose to nullify, just with some wording alterations to better reflect the rights of the sending and hosting states and the Global Assembly in the conduction of fair and lawful duties. The spirit of this legislation is for the promotion of decisions made within the assembly and not for leisure or abuse of the system; I wish this to be appended into official record should this matter ever be raised in a court of law.

I hope this reassured you and your concerns, Ambassador?"

Jay

 

[Jay]

"Ambassador, pausing before continuing, Thank you for your response. It was both helpful and insightful and I believe setting the record straight. I likewise urge my counterparts to discuss in a constructive matter over the listed amendments. On that note, we found the response to the first question completely satisfactory and clarified our understanding. However, on the issue of the second question, we agree with the notion of the amendment to allow GA officials to act with the full capabilities entrusted to them. While the Republic of Korea maintains a policy of multilateralism and cooperation, our concerns are raised over where does responsibility of this chambers of representative in authorizing the missions begin and end. Primarily, are GA officials in totality given these powers to enter countries based on the views of the Secretary General, or are these officials dispatched based on the authorization of the assembly. In the crisis in Romania for example, would GA officials and personnel require a mission mandate to be endowed the privileges of clause 7 to article 31 or would it be acceptable that on the interest of the GA the Secretary General may dispatch special representatives to act on behalf of the assembly?"

Connor

 

[Connor]

"Ambassador, if I understand correctly, I must stress that this resolution does not enable any Ambassadorship or their entourage to enter a foreign state; personally I believe this would be a gross violation of the rights held by an active government to serve and protect their nation with the use of hard borders and ports. Ambassadorships within the Global Assembly would be required to make use of the access granted by their own diplomatic missions, as a diplomatic agent, and would be afforded the appropriate rights governed in the legislation. It is only the Secretariat, with the expression of the assembly, given special privilege in accessing represented nations with Global Assembly diplomatic documentation on the basis that the Secretariat is an independent and not represented by any missions within any state; meaning without a clause permitting it, the Secretariat would be unable to access foreign states with adequate protections.

In brief, no, this resolution will not permit any nation to enter a foreign state under the guise of a representative from the Global Assembly, the use of active diplomatic missions must be used but remain in existence by discretion of the receiving state as normal."

Jay