Podcast
Questions and Answers
What is the primary function of the Diplomatic Policing Unit (DPU)?
What is the primary function of the Diplomatic Policing Unit (DPU)?
Functional immunity provides diplomats with protections at all times regardless of their duties.
Functional immunity provides diplomats with protections at all times regardless of their duties.
False
What challenge do diplomats face regarding the misuse of diplomatic immunities?
What challenge do diplomats face regarding the misuse of diplomatic immunities?
Abuses such as refusing to pay rent or traffic violations while claiming immunity.
A diplomatic passport does not guarantee __________ and privileges.
A diplomatic passport does not guarantee __________ and privileges.
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Match the following types of immunity with their descriptions:
Match the following types of immunity with their descriptions:
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What does diplomatic immunity generally confer?
What does diplomatic immunity generally confer?
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Dependents of diplomatic agents enjoy the same level of immunity as the agents themselves.
Dependents of diplomatic agents enjoy the same level of immunity as the agents themselves.
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Name one type of property that is inviolable under diplomatic immunity.
Name one type of property that is inviolable under diplomatic immunity.
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Diplomatic agents have immunity from ________ in civil and administrative cases, except for specific matters.
Diplomatic agents have immunity from ________ in civil and administrative cases, except for specific matters.
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Match the following diplomatic agents with their immunities:
Match the following diplomatic agents with their immunities:
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Which of the following is NOT an exception to immunity in civil and administrative cases?
Which of the following is NOT an exception to immunity in civil and administrative cases?
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Immunities are the same as privileges.
Immunities are the same as privileges.
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What type of immunity does a consular agent enjoy?
What type of immunity does a consular agent enjoy?
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What is one of the privileges granted to diplomats?
What is one of the privileges granted to diplomats?
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Diplomats are allowed to disregard the laws of the receiving state without consequence.
Diplomats are allowed to disregard the laws of the receiving state without consequence.
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What does inviolability imply regarding diplomatic premises?
What does inviolability imply regarding diplomatic premises?
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What must diplomats do if they receive a traffic fine in the host country?
What must diplomats do if they receive a traffic fine in the host country?
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A diplomat's personal baggage is subject to inspection without restrictions.
A diplomat's personal baggage is subject to inspection without restrictions.
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The _____ provides a framework for diplomatic relations and privileges.
The _____ provides a framework for diplomatic relations and privileges.
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What is the primary purpose of the diplomatic bag?
What is the primary purpose of the diplomatic bag?
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Match the following acts to their relevance.
Match the following acts to their relevance.
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Which category is not typically entitled to full diplomatic privileges?
Which category is not typically entitled to full diplomatic privileges?
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The ______ of a diplomat is considered inviolable.
The ______ of a diplomat is considered inviolable.
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According to the Vienna Convention, what should not be done to diplomatic bags?
According to the Vienna Convention, what should not be done to diplomatic bags?
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The receiving state has an obligation to provide security for diplomatic missions.
The receiving state has an obligation to provide security for diplomatic missions.
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Name one treaty that outlines the privileges of diplomats.
Name one treaty that outlines the privileges of diplomats.
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Match the following diplomatic ranks with their immunity status:
Match the following diplomatic ranks with their immunity status:
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Sniffer dogs can intrude on the integrity of a diplomatic bag's contents.
Sniffer dogs can intrude on the integrity of a diplomatic bag's contents.
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How many duty-free cars is a married diplomat entitled to?
How many duty-free cars is a married diplomat entitled to?
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What is the main purpose of the Vienna Convention on Diplomatic Relations (VCDR)?
What is the main purpose of the Vienna Convention on Diplomatic Relations (VCDR)?
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South Africa applies Reciprocity for all States regarding diplomatic privileges.
South Africa applies Reciprocity for all States regarding diplomatic privileges.
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What does DIPA stand for?
What does DIPA stand for?
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The _____ Convention on Diplomatic Relations was established in 1961.
The _____ Convention on Diplomatic Relations was established in 1961.
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Match the following Schedules with their corresponding conventions:
Match the following Schedules with their corresponding conventions:
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How many foreign missions are there approximately in South Africa?
How many foreign missions are there approximately in South Africa?
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State Protocol is responsible for managing diplomatic identity documents.
State Protocol is responsible for managing diplomatic identity documents.
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Which body does South African authorities consult for major immunity disputes?
Which body does South African authorities consult for major immunity disputes?
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South Africa's policy on the management of diplomatic immunities and privileges is derived from the _____ Act.
South Africa's policy on the management of diplomatic immunities and privileges is derived from the _____ Act.
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What is the primary liaison function with the South African Police Service (SAPS)?
What is the primary liaison function with the South African Police Service (SAPS)?
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Study Notes
Diplomatic Training Programme: Diplomatic Immunities and Privileges (DIAP)
- The Diplomatic Immunities and Privileges Act (DIAP) is South African domestic law incorporating the Vienna Convention on Diplomatic Relations (VCDR) 1961 and the Vienna Convention on Consular Relations (VCCR) 1963.
- The Act, No 37 of 2001 (amended No 35 of 2008), is structured as Schedule 1 (VCDR) and Schedule 2 (VCCR).
- Schedule 3 is the Convention on the Privileges and Immunities of the United Nations (1946).
- Schedule 4 is the Convention on the Privileges and Immunities of the Specialized Agencies (1947).
- South Africa applies equal treatment to all states, not reciprocity, as stipulated in Article 47(1) of the VCDR, and not Article 47(2).
- There are over 330 foreign missions in South Africa including diplomatic missions, consular missions, honorary consular missions, international organisations and one liaison office.
- South Africa has a large Diplomatic Corps with over 15,000 diplomats and their families registered under DIAP.
Implementation of DIAP
- DIAP's implementation rests on the Policy on the Management of Diplomatic Immunities and Privileges.
- State Protocol manages immunities and privileges of accredited diplomats, and is the South African authority on diplomatic identity documents, substitutions of Temporary Residence Visas (TRVs), and diplomatic properties.
- Diplomatic motor vehicles, appointments of Foreign and South African Heads of Diplomatic and Consular Missions, South African diplomatic passports, and foreign visas for SA diplomatic and official passport holders are other areas covered under DIAP.
Liaison function
- Liaison is conducted between State Protocol and SAPS (South African Police Service) relating to diplomatic security, with the public for minor immunity disputes, with the Chief State Law Adviser concerning international law on major disputes, and with the CCMA (Commission for Conciliation, Mediation and Arbitration) on labour disputes involving locally recruited personnel (LRP).
Immunities vs. Privileges
- Immunity: Procedural protection from enforcement processes in the receiving state.
- Privilege: Substantive exemption from the receiving state's laws and regulations.
Immunities and Privileges Differentiation
-
Immunities: Inviolability
- Property Inviolability: Inviolability of residence, vehicles, personal property, and documents.
- Personal Inviolability: Inviolability from arrest or detention; right to be treated with courtesy and respect.
-
Immunities: Immunity from Jurisdiction
- Diplomatic Agent: Full immunity from civil and criminal jurisdiction.
- Int'l Organisation Head & Deputy: Full immunity from civil and criminal jurisdiction.
- Consular Agent/Admin/Tech: Functional immunity.
- Int'l Organisation Officials: Functional immunity
Diplomatic Immunity
- Immunity from criminal jurisdiction.
- Immunity from civil and administrative jurisdiction, except matters involving private immovable property; succession; or professional/commercial activities outside diplomatic function.
Functional Immunity
- Immunity from criminal jurisdiction relating to acts performed during the exercise of consular functions.
- Individuals may not be arrested or detained pending trial.
- Dependents do not enjoy any immunities.
Different Levels
- Refer to the attached table for different levels of diplomatic immunities and privileges per category
- Refer to the attached policy on the Management of Diplomatic Immunities and Privileges
Diplomatic Inviolability
- Inviolability means no agent of the receiving state or its citizens can interfere with individuals entitled to immunities and privileges. This extends to diplomatic premises, property, diplomatic bags/pouches, the person of a diplomat, and their personal effects.
Diplomatic Bag/Pouch
- Diplomatic bags should not be opened or detained.
- They must bear visible external marks.
- Contents are for official use only.
- RSA Practice: Do not X-ray diplomatic bags; sniffer dogs should not intrude; report suspect bags to DIRCO.
Diplomatic Baggage
- The personal baggage of a diplomat is exempt from inspection, unless irregular/illegal content is suspected. Inspections must occur in diplomat's or agent's presence.
Current Practice
- Heads of State enjoy full diplomatic immunities and are exempt from security searches. Deputy Presidents and Ministers of Foreign Affairs have limited (or lesser) immunity.
- All other ministers and persons are subject to luggage searches.
Diplomatic Privileges
- Single diplomats have one car duty-free while married diplomats or those with partners have two cars duty-free.
- Other privileges include diplomatic number plates, fuel levy rebates, VAT refunds, payment of rates and taxes for foreign-owned property, exemption from personal and public service provisions, and duty-free purchases.
- Different immunities and privileges apply to different categories — see the attached annexure. This includes full diplomatic immunity and full privileges, functional immunities and full privileges, functional immunities with six-month entry privileges (IO and A), and functional immunities with no privileges like nationals of the receiving state, permanent residents, and honorary consuls.
Public Accountability
- Diplomats must respect receiving state laws and regulations (VCDR, Article 41).
- Included are acts such as: Diplomatic Immunities & Privileges Act, Vienna Conventions on Diplomatic & Consular Relations, Conventions on the Immunities & Privileges of the UN, Multilateral treaty agreements between SAG & International Organizations, and Bilateral agreements between SAG & Foreign Governments.
Public Accountability (Additional Acts)
- Foreign States Immunities Act, Immigration Act, Road Traffic Act, Value Added Tax Act, Customs and Excise Act, Firearms Act, SA Citizenship Act, SA Passports and Travel Documents Act, and Labour Relations Act.
Diplomatic Security
- The receiving state has a duty to ensure security for the diplomatic community including missions, consular posts, accredited international organizations, foreign representatives, and family members.
- SAPS' Diplomatic Policing Unit (DPU) is the nodal point.
- Regular patrols are conducted at missions and diplomatic residences.
- Other DPU responsibilities include attending to criminal cases against diplomats, providing security to missions, assessing security requirements of missions, providing advice to diplomatic missions on security, and conducting security threat analysis.
Diplomatic Categories
- Diplomatic immunity is constant.
- Functional immunity applies only during official duties.
- Diplomatic passports do not guarantee immunities; only the accredited to the receiving state(s) enjoy benefits.
Diplomatic Challenges
- Abuses of immunities and privileges, such as using immunity to avoid paying rent or fines, or reselling duty-free items at a profit.
- Rates and taxes on foreign-owned property in South Africa are a significant responsibility (approximately R55 million per year currently).
Abuse of Status by a Diplomat & Remedies
- Diplomats must respect receiving state laws.
- Remedies include requesting an apology, waiver of immunity, recall of the offending diplomat, de-registering and requesting departure from accreditation, and declaring the offending diplomat persona non grata.
Disputes Between States
- Breach of international law allows: pursuing actions at the International Court of Justice; requesting apologies or rectification; and severing diplomatic relations.
Thank You
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Description
Test your knowledge on the Diplomatic Immunities and Privileges Act (DIAP) in South Africa. This quiz covers key concepts from the Vienna Conventions and the related schedules that govern diplomatic relations. Understand the structure and application of this important legislation to foreign missions in South Africa.
