Mohammad Jamil

One should ask the Americans whether Pakistan’s top diplomats and other employees stationed in Washington are allowed take such ‘liberties’ as the American diplomats and their staffers are indulging in so freely

The US has lodged a strong protest with the government of Pakistan on the arrest of some US embassy employees and impounding of their vehicles in Islamabad, Lahore and Karachi, negating the Vienna Convention. The vehicles were impounded by law enforcement agencies for using fake registration papers and number plates. The prime minister has ordered setting up a top-level inquiry committee, headed by the interior minister and comprising three federal secretaries as well as the director-general of the Inter-Services Intelligence (ISI). The committee should examine in detail whether the employees of the US embassy and its missions have been performing their official duties within the parameters defined in the Vienna Convention, or were involved in ‘extra-curricular’ activities, thus violating the laws of the land. The question should be asked why diplomats and embassy staffers were scouting around our cities loaded with guns and video-filming sensitive areas like Lahore Cantonment and other places on cars bearing fake number plates.

The US embassy has claimed in its letter that the embassy, its consulate generals in Lahore and Karachi and their employees have been using vehicles with false number plates under an agreement with the government of Pakistan in the wake of serious security threats. The letter referred to the incident on January 6, 2010 when two locally engaged employees of the Karachi Consulate General were detained in Gwadar and their vehicle, a Toyota Prado, was impounded. Quoting the Vienna Convention, it was stated: “The ministry is reminded that pursuant to article 22(3) of the Vienna Convention on Diplomatic Relations, embassy property and means of transport of the mission shall be immune from such registration, attachment or execution. The seizure and continued possession by Pakistani authorities of the embassy’s vehicles and equipment are therefore a violation of the Vienna Convention on Diplomatic Relations.” The letter also referred to Article 38(2) according to which the state must not exercise its jurisdiction over diplomats and embassy staff in a manner that interferes unduly with the performance of the functions of the mission.

Though there are articles regarding privileges and immunities to diplomatic missions, yet there are other articles by which they are under obligation to respect the laws and regulations of the country, and should not interfere in its internal affairs. It would be appropriate to quote Article 26 of the Convention: “Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving state shall ensure to all members of the mission freedom of movement and travel in a territory.” But on the other hand, Article 11 bestows on the receiving state the right to keep the size of the mission “within limits considered by it to be reasonable and normal”.

One should ask the Americans whether Pakistan’s top diplomats and other employees stationed in Washington are allowed to take such ‘liberties’ as the American diplomats and their staffers are indulging in so freely. What were these staffers in a car with fake number plates doing in a sensitive area like Gwadar in a sensitive province? They have to realise that basic responsibility for their protection lies with the Pakistani government, and if they have to outsource their security to private agencies it should be within the knowledge of Pakistan. In fact, there should not be dual responsibility because, in case of any mishap, Pakistan would draw flak. But Americans are in the habit of blackmailing and bullying. Recently, US envoy for Pakistan and Afghanistan Mr Holbrooke was asked about reimbursement of money spent on the war on terror amounting to $ 1.2 billion. He replied that Pakistan had not given visas for 300 staffers. It was after news of the renting of houses in large numbers by the US embassy that the Chinese Ambassador expressed concern over the increased strength of the American embassy and its missions. Many Pakistanis are also suspicious of the XE and other security companies, which have a blemished record in Iraq and Afghanistan.

A new situation emerged after Nigerian Umar Farouk Abdulmuttalab tried to bomb a Northwest Airlines jumbo jet in mid-air during its flight from Amsterdam to Detroit. Some people feel that the CIA and other American intelligence agencies are the best in the world, but 9/11 and many other intelligence failures have exploded that myth. Passengers from a dozen countries will have to undergo intensive electronic body scanning, which has been criticised on the grounds that it is a gross violation of privacy, especially of women.

In the past, LK Advani and George Fernandez, two prominent political figures and then ministers in the BJP government under Prime Minister Vajpayee, were separately strip-searched at a US airport. The point being made here is that the US and the West take measures, frame laws and rules to ensure their security. By the same token, other countries have the right to make laws, rules and regulations, which must be respected. Pakistan is in the throes of terrorism, and it is not possible to distinguish between the US embassy’s staff carrying prohibited-bore weapons and terrorists because more often than not terrorists use stolen cars bearing fake numbers.

In this backdrop, Pakistan has to be vigilant and the US, being a partner in the war on terror, should understand Pakistan’s compulsions to avert any untoward incident. Finally, Americans should realise that Pakistan has given sacrifices during the Afghan war and also in the ongoing war on terror. Pakistan was an ally of the US and the West against communism since the 1950s. Perhaps it would not be wrong to say that Pakistan was dismembered because of our joining defence pacts with the US and the West. Of course, the Pakistani leadership was responsible in equal measure by having failed to ensure socio-economic justice in society that created contradictions. And this situation was used by the enemies of Pakistan.

The writer is a freelance columnist. He can be reached at mjamil1938@hotmail.com