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5. DIAGNÒSTICO:

5.1.1 El manual de organización.

What do diplomats do all day? This question becomes pertinent in the wake of the notion that the conduct of diplomacy is routine. As an instrument of foreign policy, the diplomacy of ancient times must have presented the diplomats with some basic responsibilities. This part of the course examines the role and responsibilities of the ambassador and other members of an embassy; explores the resources and techniques available to them; and reviews the way diplomats relate to the government they serve and the country to which they are accredited.

The specific functions laid out for them to accomplish, include;

representation, negotiation, information and protection. The representative function is one of the paramount functions of the diplomat.

The ambassador represents both the power and the person of his head of state. He is accorded almost the same courtesies, privileges and immunities as are normally accorded visiting heads of state. He does not speak for himself, but he is expected to carry out faithfully the instructions given him by his government. His representative functions have now included attending ceremonial occasions, sporting or cultural events in which his country is involved. As a result of the wide range of events in which he is expected to participate, it is not uncommon to have other members of the diplomatic mission, particularly the senior ones, performing similar tasks. For the negotiation function, the diplomat is expected to be a reservoir of knowledge in almost every subject under the sun. This is because the subject of negotiation can range from treaty to other less important arrangements - political, economic, technical or the resolution of disputes. However, these days, the more technical aspects of negotiation are left to specialists while diplomats take care of the formal

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part. Information is equally a primary function of diplomats. This leaves them with the task of keeping their governments informed on conditions at their posts as well as the policies of the governments of accreditation.

Information and data are the raw materials of foreign policy and diplomats are to ensure that their sending states receive frank, adequate and precise information to ensure that there are minimum discrepancies between the objective environment and the policy makers’ image of the environment. Their duty does not stop at gathering information, they have to assess and analyze whatever information gets to them. It is necessary to sound out feelings, assess trends, intentions, motivations, responses and attitudes. The success of a diplomat will largely depend on the quality of his information and its analysis. These in themselves also depend upon the scope and sources of the information at his disposal. The relationship, which he has cultivated with various sections of the society- the media, government officials, etc., will affect the scope and variety of his information. Lastly, diplomats are expected to be at the head of the protection units of their citizens in their countries of accreditation. In fact, they equally protect the national interests of their government. This may involve making representations to their host governments or local authorities on behalf of their national or firms who have been denied their contractual or international rights. It also often includes consular functions like the issue of passports and visa, the relief or repatriation of stranded nationals or giving advice to their nationals who are having difficulties with the host government’s law enforcement agents.

In addition, we should be able to examine how the different immunities and privileges granted diplomats, in order to effectively perform their functions are observed. The need for some privileges and immunities for diplomatic agents has long been recognized as compulsory. Unless a mission is protected and enjoys adequate security, it will be almost impossible to carry out its multifarious functions. Such include inviolability, jurisdictional immunity, freedom of communication and exemptions from duties and taxes. The ambassadors and all the diplomatic agents, their families, suite, servants, residence, property, archives, documents and their official or private correspondence carried by their couriers or messengers are inviolable. The receiving state is under obligation to ensure that they are specially protected. Even in case of outbreak of war between the diplomat’s country and his country of

accreditation, it is incumbent upon the receiving state to take every necessary precaution against insult or violence directed against him and to allow him withdraw with his suite in all security. Furthermore, diplomats and their suite are immune from criminal, civil and administrative jurisdiction of the receiving states. The immunity from jurisdiction of diplomatic agents may however be waived by the sending state in an express manner. Equally, for the proper functioning of a diplomatic mission, diplomatic agents are allowed to communicate freely and in all security with the sending state. The mission can use any appropriate means, including diplomatic concerns and messages in code or cipher to communicate with the sending state. The receiving state has no right to impede, violate or censor the mission’s means of communication. Lastly, diplomatic agents are exempt from all dues and taxes, personal or real, national, regional or municipal. The receiving state is also under obligation to permit entry and grant exemption from all custom duties, taxes and other related charges on articles for both the official use of the mission and for the personal use of the diplomats and their families.

Obviously, some of these privileges would have been granted by receiving states in the interaction between pre-colonial African states, without which it would have become impossible to carry out diplomatic activities.

The role or functions of a diplomat is inseparable from what purpose diplomacy is meant to achieve in the broad or sense. From the ambassadors through to the charges d’ affaires, they perform essentially the same functions.

Protection-the primary function of the diplomat is to protect and advance the rights and interest of his country and its nationals abroad. He does this by alerting his home government of threats and discrimination against his country and nationals. Also, he ensures that the reputation of his country is not compromised or stained. This involves efforts at image laundering and countering or correcting adverse opinions and negative perception of outsiders.

The officers of the diplomatic mission are continually called upon to give counsel to their own citizens who seek such helpful service and to redress infringed rights of their compatriots. Under disturbed and unstable

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political conditions, the protection functions become a heavy responsibility. When civil war or international war is inevitable, it is his duty to make sure all the citizens of his country are kept in places of safety or return home.

Representation

It is the responsibility of an envoy to represent his country and the interest of his government whether sent to an international gathering or not. It is to him that foreign officials as well as private individuals and groups must look as the official source of information and interpretation. He conveys the mind of his country to other states and communicates the outcome to his home government. He must be able to do this with tact, clarity and precision. In playing the role as both the symbol and spokesman of his government, he seeks to cultivate friendship and widespread understanding for his state by developing close and personal association with the leaders of government, business, society, education and political life. Senior diplomats are expected to represent their countries on many social or ceremonial functions ranging from Independence Day to opening of local parliament, university celebration, launching of cultural centers, and commissioning of developmental and technology-related projects.

Observation and Reporting

The diplomats constitute the antenna and satellites of the country abroad.

They enable their intelligent policy and decision making process by documenting important events, making useful observation and providing the government with relevant and timely reports on sensitive issues. This enables the government to identify where their friends stand when trouble is to be envisaged. It is one of the principal assignments of the foreign mission to maintain a regular flow of reports to the home office. These cover a wide range of subjects on current economic, political, social and military condition, inimical or pending legislation, technological achievement, trend in education, new products and industries, new markets, opportunities for investment, etc. In the erstwhile communist countries, before the collapse of the Soviet Union and end of the cold war, this function of observation and reporting took the form of using

diplomatic personnel for espionage and subversion, as evidence by series of recurrent expulsion of communist diplomats as persona non grata.

Negotiation

The traditional role assigned the diplomat is the role of engaging in bargaining certain controversial and keenly contested issues to the advantage his country. This has often been described as the classical and central diplomatic function. Like attorneys, they devote their skills and energy to the cause of achieving the best agreement for their country.

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