Simone Lawson
Persona non grata is a Latin phrase that means unwelcome person. In diplomacy, it refers to a foreign diplomat who is asked by the host country to be recalled to their home country. The term is regulated by Article 9 of the 1961 Vienna Convention on Diplomatic Relations, which states that a receiving state may, at any time and without explanation, declare a diplomat persona non grata. This declaration is often made when a diplomat acts contrary to the interests of the host country or engages in activities incompatible with diplomatic status, such as espionage. In non-diplomatic usage, the term can be used more broadly to refer to someone who is not popular or accepted by others.
| Characteristics | Values |
|---|---|
| Origin of the term | Latin |
| Literal meaning | Unwelcome person |
| Diplomatic meaning | A foreign person whose entering or remaining in a certain country is prohibited by that country |
| Usage | Can be used for people who have yet to enter a country |
| Explanation required | No |
| Removal of diplomatic immunity | No |
| Grounds for declaration | Acts and actions contrary to the interests of the receiving state |
| Retaliation | Possible |
| Non-diplomatic usage | Applicable |
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What You'll Learn
The Vienna Convention on Diplomatic Relations
The Convention is nearly universally ratified and observed, and it is considered one of the most successful legal instruments drafted under the United Nations. It codifies the longstanding custom of diplomatic immunity, granting diplomatic missions privileges that ensure diplomats can perform their functions without fear of coercion or harassment by the host country. This principle of diplomatic immunity dates back to ancient times when Greek and Roman governments granted special status to envoys.
The present treaty on the treatment of diplomats was drafted by the International Law Commission. It was adopted on April 18, 1961, by the United Nations Conference on Diplomatic Intercourse and Immunities in Vienna, Austria, and first implemented on April 24, 1964. As of June 2020, there are 193 state parties to the Vienna Convention, including all UN member states except Palau and South Sudan.
The Vienna Convention is an extensive document containing 53 articles. One notable aspect of the 1961 treaty was the establishment of the Holy See's diplomatic immunity status with other nations. The Convention also provides that family members of diplomats living in the host country enjoy many of the same protections as the diplomatic agents themselves. Additionally, under Article 9, a host nation can, at any time and for any reason, declare a member of the diplomatic staff persona non grata, meaning "person not welcome". The sending state must recall this person within a reasonable period, or the individual may lose their diplomatic immunity.
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Espionage and criminal acts
Espionage is a common reason for a diplomat to be declared persona non grata. In 2008, Bolivian President Evo Morales declared the US Ambassador persona non grata, accusing him of sanctioning spying on Bolivian nationals. The United States responded by declaring the Venezuelan ambassador in Washington persona non grata. In 2022, the United States declared 12 Russian "intelligence operatives" persona non grata. During the Cold War, Soviet diplomats were frequently expelled due to security concerns.
A diplomat may also be declared persona non grata for criminal acts, such as drug trafficking. In 2011, the Ecuadorian government expelled the US ambassador in response to the diplomatic cables leak. Venezuela was also once threatened with persona non grata status over allegations of involvement in cocaine smuggling. In 2017, Estonia expelled a Russian diplomat for a drunk driving incident.
In non-diplomatic usage, persona non grata can refer to someone who is not popular or accepted by others. Local legislatures in the Philippines and Spain have declared certain people or groups, including non-diplomats and citizens, persona non grata to express negative sentiment through a non-binding resolution. This could be in response to the person breaking local laws or ordinances.
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Non-diplomats being declared persona non grata
In diplomacy, a persona non grata (PNG) is a foreign diplomat who is asked by the host country to return to their home country. If the diplomat is not recalled, the host state may refuse to recognise the person as a diplomatic agent and remove their diplomatic immunity. Under Article 9 of the Vienna Convention on Diplomatic Relations, a host country may declare any member of a diplomatic staff persona non grata without having to explain its decision.
While the term is commonly used in diplomacy, non-diplomats can also be declared persona non grata. In non-diplomatic usage, referring to someone as persona non grata is to say that the person is not popular or accepted by others. For example, in the Philippines, local legislatures of provinces, towns, and cities can declare certain people or groups, including non-diplomats and Filipino citizens, as persona non grata to express a negative sentiment toward the person through a non-binding resolution. This could be in response to the person breaking local laws or ordinances. This has also occurred in Spain.
In another example, in 2008, the Bolivian President Evo Morales declared the US Ambassador persona non grata, accusing him of sanctioning spying on Bolivian nationals. In response, the United States declared the Venezuelan ambassador in Washington persona non grata. In 2011, the Ecuadorian government expelled the US ambassador following the US diplomatic cables leak, and the US responded by expelling the Ecuadorian ambassador.
In some cases, individuals may be declared persona non grata even before entering the country. For instance, Arthur H. Davis, Jr. was declared persona non grata by the Panamanian National Assembly before he arrived in the country. Similarly, Robert C. F. Gordon and Frank Carlucci were declared persona non grata in Tanzania in 1964, and it took them years to find out the reason behind their declaration.
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Retaliation
In 2011, the Ecuadorian government expelled the United States ambassador, leading to the United States declaring the Venezuelan ambassador in Washington persona non grata. Similarly, after a Turkish diplomatic official was declared persona non grata in Bulgaria, Turkey responded by declaring a Bulgarian diplomatic official persona non grata.
In another instance, Russia declared a Slovenian embassy worker persona non grata in retaliation for Slovenia's decision to revoke the accreditation of a Russian embassy worker. This was seen by Russia as an "openly unfriendly step" aimed at destroying diplomatic ties between the two countries.
Persona non grata declarations can also be used as a form of symbolic retaliation, indicating displeasure or expressing a negative sentiment towards an individual or group. For example, local legislatures in the Philippines and Spain have declared certain people or groups, including non-diplomats and citizens, as persona non grata to express their disapproval of their actions or statements.
It is important to note that the declaration of persona non grata does not remove diplomatic immunity, and the decision to recall the diplomat ultimately lies with the sending state. However, if the diplomat is not recalled, the receiving state may refuse to recognize them as a member of the diplomatic mission.
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Countries' rights and obligations
Diplomacy is a crucial tool for countries to interact and collaborate with each other. The United Nations, with its 193 member states, serves as the primary multilateral framework for international cooperation. The UN Charter outlines a commitment to maintaining international peace and security, promoting respect for human rights, and fostering friendly relations among nations. This includes settling disputes through peaceful means, such as negotiation and mediation, and addressing economic, social, cultural, and humanitarian issues.
Countries have both rights and obligations within the realm of diplomacy. They have the right to appoint and receive diplomats, who are expected to represent their respective nations' interests and foster positive relations. These diplomats are typically granted certain privileges and immunities, as outlined in the Vienna Convention on Diplomatic Relations. However, it is important to note that the host country can declare a diplomat persona non grata (PNG), meaning "person not welcome," and request their recall to their home country. This action is often taken when a diplomat is suspected of activities incompatible with their status, such as espionage or criminal acts.
In addition to their rights regarding diplomatic relations, countries have obligations to uphold universal human rights norms and international instruments. This includes promoting and protecting human rights, both within their own borders and through international cooperation. Countries are also expected to abide by agreements aimed at limiting arms control and addressing transnational issues, such as environmental degradation and international terrorism. These obligations contribute to maintaining peace and stability in the international system.
While countries have the right to declare diplomats persona non grata and conduct reciprocal expulsions, they also have the responsibility to resolve disputes peacefully and maintain friendly relations. This balance between exercising their rights and fulfilling their obligations is a delicate one, and diplomacy serves as the key mechanism for navigating these complex interactions.
Furthermore, countries have the right to establish and enforce their own laws and regulations within their borders. They can declare individuals, including non-diplomats and citizens, as persona non grata for violating local ordinances or laws. This declaration, in a non-diplomatic context, expresses a negative sentiment towards the person and indicates that they are no longer welcome or favoured.
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Frequently asked questions
The term 'persona non grata' is Latin for "an unwelcome person".
In diplomacy, a persona non grata (PNG) is typically a foreign diplomat who is asked by the host country to be recalled to their home country. However, people other than diplomats can also be declared persona non grata by a country.
If the person is not recalled as requested, the host state may refuse to recognize the person as a member of the diplomatic mission, including the removal of diplomatic immunity.
A person may be declared persona non grata for a wide range of reasons, as the host country is not required to disclose any grounds for the declaration. It is often used as a symbolic gesture to express displeasure with the actions of another country or entity. It has also been used to expel diplomats accused of espionage or criminal acts such as drug trafficking.
Yes, there are several notable examples of persona non grata declarations. In 2012, Israel declared German author Günter Grass persona non grata due to his poems criticizing the country. In 2011, the Ecuadorian government expelled the United States ambassador, and in response, the United States declared the Venezuelan ambassador persona non grata.
