Swings in India’s Diplomatic Stand towards Canada! 

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Canada removes dozens of diplomats from India as dispute escalates

by Nilofar Suhrawardy     30 October 2023 

The month of October has certainly been marked by swings in India’s ties towards Canada. There is no knowing as to what will happen in the coming days.  Diplomatic stand of India towards Canada may change again in near future. At present, what stands out is probably a shift from what was being displayed earlier. The latest development is resumption of some visa services by Indian High Commission in Canada, which were brought to a halt some time back. This move was announced on October 25. “After a considered review of the security situation that takes into account some recent Canadian measures in this regard, it has been decided to resume visa services for the following categories with effect from October 26, 2023. (a) Entry visa, (b) Business visa, (c) Medical visa, and (d) Conference visa,” the Indian High Commission in Canada posted on X.  

This shift was earlier suggested by External Affairs Minister S. Jaishankar hinting at resumption of Indian visa operations in Canada “very soon.” India had halted these around a month ago and was currently reviewing “security situation” around India’s missions in Canada.  In his words, “Some weeks ago, we stopped issuing visas in Canada because it was no longer safe for our diplomats to go to work to issue visas. So their safety and security was the primary reason we had to temporarily stop the issue of visas.” Please note usage of certain words. In addition to India’s concern for its diplomats’ “safety and security” being presented as a “primary reason,” the apparent emphasis on issue of visas being stopped “temporarily” said more than was probably New Delhi’s diplomatic intention earlier. He stated this on October 22.   

Earlier, when India halted its visa operations in Canada and also asked Ottawa to withdraw its 41 diplomatic personnel from India, these diplomatic moves were meant only for Canada. In other words, India probably did not expect other countries to react. Definitely, India had valid reasons to be agitated by Canadian Prime Minister Justin Trudeau’s comment on a “potential link” between murder of Hardeep Singh Nijjar and India. Nijjar, a Canadian citizen, allegedly linked with Khalistan, was killed this year on June 18, by two unidentified assassins, outside a Gurdwara in Surrey. Nijjar was labelled as a terrorist by India. Soon after Trudeau made the controversial comment regarding India’s role in his murder, Canada expelled an Indian diplomat and India did the same. Subsequently, displaying a harder stand, India asked Canada to cut down its diplomatic staff within India or else they would be deprived of their diplomatic immunity and New Delhi, as mentioned earlier, halted its visa operations in Canada. After withdrawing 41 diplomats from India, Canada stopped in-person facilities for Indian nationals at three consulates. Canadian Prime Minister Trudeau described decision of India to revoke diplomatic immunity to Canadian diplomats as a “violation of Vienna Convention governing diplomacy.” He also expressed that it would affect “millions of Canadians who trace their origins to the Indian subcontinent.”     

India chose to assert its stand regarding Vienna Convention through a ministry of external affairs’ press release. The release, dated October 20, 2023 states, “The state of our bilateral relations, the much higher number of Canadian diplomats in India, and their continued interference in our internal affairs warrant a parity in mutual diplomatic presence in New Delhi and Ottawa.” Pointing out that India’s actions are “fully consistent with Article 11.1 of the Vienna Convention on Diplomatic Relations,” the release states, “We reject any attempt to portray the implementation of parity as a violation of international norms.”   

Jaishankar reiterated on October 22 that India had not violated Vienna Convention. Defending India’s stand on parity with Canada’s diplomatic strength, Jaishankar stated, “We invoked parity because we had concerns about continuous interference in our affairs by Canadian personnel. We haven’t made much of that public. My sense is that over a period of time, more stuff will come out and people will understand why we had the kind of discomfort with many of them which we did.”   

India seems to have been caught off-guard by what seems a strong support displayed by United States and United Kingdom for Canada and their criticism of New Delhi. “We are concerned by the departure of Canadian diplomats from India, in response to the Indian government’s demand of Canada to significantly reduce its diplomatic presence in India,” U.S. State Department spokesperson Matthew Miller expressed in a press statement, dated October 20. Miller also pointed out, “Resolving differences requires diplomats on the ground. We have urged the Indian government not to insist upon a reduction in Canada’s diplomatic presence and to cooperate in the ongoing Canadian investigation. We expect India to uphold its obligations under the 1961 Vienna Convention on Diplomatic Relations, including with respect to privileges and immunities enjoyed by accredited members of Canada’s diplomatic mission.” The last line suggests that US officially supports Canada’s stand on India having “violated” or not having upheld its obligations under the Vienna Convention.   

A Foreign Office of United Kingdom displayed a similar stand in favor of Canada. Britain’s Foreign Office spokesperson stated on October 20, “We do not agree with the decisions taken by the Indian government that have resulted in a number of Canadian diplomats departing India.” It also expressed, “We expect all states to uphold their obligations under the 1961 Vienna Convention on Diplomatic Relations. The unilateral removal of the privileges and immunities that provide for the safety and security of diplomats is not consistent with the principles or the effective functioning of the Vienna Convention.” The spokesperson also pointed out, “We continue to encourage India to engage with Canada on its independent investigation into the death of Hardeep Singh Nijjar.”  

October 20 was also marked by Canadian Prime Minister Trudeau voicing his stand against India at a televised press conference in Brampton, Ontario. Apart from stating that India’s decision to revoke diplomatic immunity to 41 Canadian diplomats in India was violation of Vienna Convention, he expressed, “The Indian government is making it unbelievably difficult for life as usual to continue for millions of people in India and in Canada. And they’re doing it by contravening a very basic principle of diplomacy.” “It’s something that has me very concerned for the wellbeing and happiness of millions of Canadians who trace their origins to the Indian subcontinent,” Trudeau said.   

In addition to timing of Trudeau’s comments and three official releases from India, USA and UK, dated October 20, 2023, timing and wording of Jaishankar’s comments (October 22) cannot be ignored. Would he have expressed the same if USA and UK had not expressed their respective stands officially through their press statements? The apparent shift in New Delhi’s stand is marked by his words pointing to India’s concern for “safety and security” of its diplomats being a “primary reason” for issue of visas having stopped “temporarily.” Within three days, as mentioned earlier, India resumed some visa services in Canada. This step was welcomed by Canada.      

Irrespective of when and how diplomatic ties between India and Canada edge towards becoming normal, one hard fact cannot be ignored by New Delhi. India cannot afford to be over-confident about its relations with United States as well as United Kingdom. Yes, earlier this year, Prime Minister Narendra Modi was given a ceremonial welcome at the White House. Modi’s hug diplomacy towards US President Joe Biden too bears its importance. To a degree, the same may be said about British Prime Minister Rishi Sunak’s Indian roots.   

It is possible, USA and UK have chosen the issue of diplomatic tension between India and Canada deliberately to assert their being hardly pleased by New Delhi’s present stand towards Ottawa. But practically speaking, these are hardly suggestive of there being any actual disturbance in their ties with India, irrespective of their having different opinions regarding violation of Vienna Convention. Certainly, India has not totally ignored these diplomatic missiles being probably equivalent to balloons floated for cosmetic display. At present, by resuming only some visa services in Canada, New Delhi has apparently responded marginally to USA and UK’s diplomatic moves!