by Dr. Santhosh Mathew and Sruthylacshmi B. Bhat 24 October 2023
Diplomatic tangling had broken out between India and China in September 2023 after Ottawa accused India for involvement in the killing of a Canadian Khalistani leader, Hardeep Singh Nijjar. While Trudeau made sharp remarks on his suspicion about a potential Indian link to the killing, India responded by rejecting the allegations, terming it to be “absurd” and “motivated.” Additionally, the Indian government testified that Canada has yet to share any public evidence to support the claim. The government has since asked Ottawa to remove 41 out of its 62 diplomats in the country. On 3rd October, amid the tensions Trudeau said to the reporters that Canada was not looking to “escalate” the situation and ensured that the country will continue to have “constructive relations” with New Delhi. Indian offices in Canada had also stopped issuing visas last month, and the EAM, Dr. S. Jaishankar had said that New Delhi would resume visa services once the working conditions of the diplomats are improved in Canada.
On Friday, Canada recalled 41 diplomatic representatives from India after secret talks to resolve issues in the strained bilateral relationship proved unsuccessful. Consular services in Bengaluru, Mumbai and Chhattisgarh have also been announced to be halted. From now on, services including visas will be available only at the High Commission office in Delhi. In the last month, the Canadian government had expelled an Indian diplomat, in the process of investigating alleged “credible” links of India with reference to the Nijjar assassination.
The Canadian Ministry reacted that India’s unilateral withdrawal of diplomatic protection will endanger the safety of the Canadian officials in India. Addressing a press conference, Canada’s Foreign Minister Melanie Joly said that to ensure the security of the diplomats, they have facilitated a safe departure from India. She also issued a new travel advisory for citizens in India to be extremely cautious due to the possibility of attacks. Canada has not taken similar action against Indian officials because the cancellation of protection is in violation of international laws and against the Geneva Convention. Joly, on Thursday, said that India has violated the diplomatic norms agreed globally by revoking the diplomatic immunity of the half the Canadian diplomats and their families who were oustered on Thursday.
New Delhi reacted to the claims by strongly rejecting any violation of international norms on diplomacy saying, “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.” India assured that the countries were engaged with each other last month, working out details and modalities of the implementation of the parity.
The accusations that India was violating the rules of Vienna Convention on Diplomatic Relations were reported as false by the Indian government, saying it was fully consistent with Article 11.1 of the Convention. The article states that, “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.”
The United Nations Convention on Diplomatic Intercourse and Immunities, adopted on April 18, 1961, and in effect since April 24, 1964, serves as a cornerstone of international diplomacy by providing a comprehensive framework governing diplomatic relations between sovereign nations. This convention meticulously codifies the rules governing the exchange and treatment of diplomatic envoys, ensuring clarity, consistency, and mutual respect in interactions between countries. This agreement is the secret sauce that keeps diplomatic relations between nations running smoothly. It hinges on the golden rule of diplomacy: consent between sovereign states, guiding how nations engage on the world stage. It defines the roles of diplomatic missions, sets strict rules for diplomatic agents, offers a solution for rocky relations with ‘persona non grata,’ and ensures diplomats receive their due respect within the global diplomatic community.
The response of the other states have surfaced after the departure of the Canadian diplomats from the Indian soil. The UK’s Foreign, Commonwealth and Development Office (FCDO) stated that resolving differences need communication and diplomats in respective capitals. The Office said that they do not agree with the decisions taken by the Indian government. The statement released by FCDO also said that while they continue to encourage India to engage with Canada on independent investigation into the death of the Sikh separatist leader, the unilateral removal of the previleges of the Canadian diplomats is not in adherence with the principles of the Vienna Convention.
The United States took sides on the Indo-Canadian diplomatic meltdown. The US State Department urged the Indian gocernment not to push Canada on reducing the diplomats from Inda. “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,” said the US State Department spokesperson Mathew Miller.
On Friday, Canada’s Trudedau told reporters that India is making life hard for millions of people. He accused India of “contravening a very basic principle of diplomacy.” Canadian Foreign Minister Melanie Joly earlier said that India did not formally convey its plan to unilaterally remove the diplomatic ammunities and previleges of the Canadian officials and added that “India’s decision will impact the levels of services to Consulates in both countries.”
The diplomatic row has significant impact on the global politics. While Trudesu is in a balancing act to not divide his vote bank and the international consensus. Canada is arguably playing with fire considering that the disagreements can inflate into international standoff. Historically Canada and India have had long-standing bilateral relations,, with its roots strong on principles of democracy, human rights and pluralism. In trade and investments, Canada is India’s 18th largest foreign investor with over 1000 Canadian companies pursuing business in the Indian market. Canada is also chosen home for the largest Indian diasporas in the world, of about 16 lakh persons of Indian origin inhabiting the land. Indian students in the Canadian colleges include 40% of the total population. Canada and India have also shared interestsin cooperation, which is evident from their agreements on intellectual property rights, joint research projects in biotechnology, economic partnership, and space technology.
Canada and India, having linked culturally and demoggraphically, need to find means for negotiation, addressing the Khlaistan issueand expanding their coperation into the areas of cultural exchange, shared environmental interest and security cooperation. While the US has reasons to tread lightly, considering their renewed interests in India, as a vehicle to their motives in the Indo-Pacific region. Being a member of QUAD and a NATO ally and neighbour to Canada, the US has as of yet adopted a neutral stance, closely monitoring the row.
Rooted from the allegations of a killing, the Indo-Canadian meltdown is yet to peak into an active global war. Allies of the states and political adversaries keenly observe the unravelling of the tension and the persuasion of interests, awaiting an opportunity for intrusion.