The Birmingham Consular Association was formed in 1882. Much has happened in the world since then to make its role, responsibilities, duties and obligations and that of its members very different today. So, let us look at where the Association sits today in the scheme of local diplomatic representation.

This association , as is generally the case for all similar associations /corps, exists for the promotion/protection of things of mutual interests to its members. I will refer to its members as ‘Consuls’ albeit some will be Assistant High Commissioners, Consul Generals, Consuls and Vice Consuls.

All Consular appointments are made on the authority of the respective Governments, and are confirmed by a Letter of Appointment signed by the Head of the Sending State or its Foreign Minister, after having been approved by the British Foreign and Commonwealth Office.

Members of the Consular Corps are appointed because their personal qualifications and social standing make them suitable to perform their duties capably and represent their countries effectively. With Honorary Consuls emphasis is placed on the technical capabilities necessary for carrying out the duties required of a particular Consulate.

The Birmingham Consular Associations members have varying geographical areas of responsibility which would certainly go beyond Birmingham in the case of some. Most members will serve their appointed countries in an Honorary position but a few maybe be career diplomats.(see below). Consuls do not, of course, need to be members of an association but then in turn, cannot expect to then benefit from the associations endeavours albeit they inevitably will do in the case of some initiatives.

Honorary consuls are not professional diplomats, i.e., they do not make a living as diplomats. They usually do live and work as well as pay taxes in the country where they operate while they do represent their relevant country on a voluntary/not-salaried/ basis until their appointments are revoked. They do not need to be a citizen of or have their origins from the country they represent. Honorary consuls have limited authorisation to act and conduct on behalf of their relevant country and they usually do not have diplomatic passports, do not enjoy diplomatic immunity and do not have preferential tax treatment. They have the honour to serve their respected country and they are usually selected/appointed by their merits.

Career consuls, on the other hand, are professional salaried diplomats that are posted by the government of their native countries in another foreign country for a limited time, usually three to five years. Career consuls are authorised to basically conduct all kind of diplomatic matters and services. They are holders of diplomatic passports, do enjoy full diplomatic immunity and do have preferential tax treatment in their accredited countries.

So, what are the duties of Consuls?

Consuls are appointed to further the interests of the country they represent by encouraging commercial, academic and cultural activities. They also endeavour to assist, and protect, proactively and reactively, the interests of the nationals of that Country whenever this is necessary. All their work is done within the terms of the Vienna Convention on Consular Relations 1963. Full time career diplomats are also regulated by the Vienna Convention on Diplomatic Relations 1961.

The 1963 Convention

Some of the more relevant day to day Articles from the Convention (some of which are incorporated in the Police and Criminal Evidence Act /Code 2008) are given below :

• Consular functions consist of :

Article 5(a) protecting the interests of their nationals

Article 5(f) representing or arranging representation for their nationals

• The state and its authorities shall treat Consular officers with due respect and shall take all appropriate steps to prevent any attack on their person, freedom or dignity.(Article 40)
• Consular Officers have a right to visit any of their nationals who are in prison, custody or detention, to converse and correspond with him and to arrange for their legal representation (Article 36 ).
• If the oversees national so requests, the police, shall contact the Consul to inform him the national has been arrested, committed to prison or is in custody. The police shall inform the national of his rights under (Article 36).
• if information is available to the police/coroners office or any other state authority, they have a duty of telling Consuls of any deaths of nationals in their district (Article 37),

In addition to the above the receiving state shall:

• accord full facilities for the performance of the functions of the Consular post (Article 28),
• ensure freedom of movement and travel in its territory to all members of the Consular post (Article 34),

protect Consuls and Consular premises (Article 59 & 64),

Consular officers enjoy immunity for acts performed in the course of their official consular duties.

The practical implications of the aforesaid.

Some of the United Kingdoms Consular Associations have the notable benefit of representing geographical parts of the United Kingdom which have ‘Assemblies’ (Wales/Northern Ireland) or devolved government (Scotland). I say ‘notable benefit’ because that facilitates a close engagement between both to there mutual benefit. The Birmingham Consular Association and the state authorities/organisations in the West Midlands do not have an obvious equivalent and, as such, it is left to both to try and create an equally beneficial partnership.

Communities

Consuls endeavour to assist, and protect the interests of their nationals whenever this is necessary. This can be in a proactive way through engaging with:

there own communities

those who themselves engage with communities and/or;

in a reactive or proactive way in response to the Conventions/PACE requirements/obligations.

• Particular community issues which concern the Diplomatic Corp include:
• Hate Crime
• Modern Day Slavery
• Forced Marriage
• FGM
• Domestic Abuse Amongst Ethnic Communities
• Social Cohesion
• LGBT issues amongst their communities

It is hoped that the state will engage with the Association on such issues to their mutual benefit.

Note: Personal data are exempt from the non disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by order of a court. In other words, if there is a law (other than the Data Protection Act) or a court order which has a basis in UK legislation and requires the release of personal data, the data controller can comply with this law and release the data without breaching the Data Protection Act.

Commercial

Consuls are encouraged to create commercial opportunities (export opportunities from/ inward investment to) to the benefit of their respective countries

Academic and Cultural activities.

Consuls are encouraged to engage with universities and academic institutions in their respective countries with those in their home country with a view to sharing knowledge/expertise/research etc. Culturally, the opportunity to bring your countries artists to the host country as part of a joint enterprise or on a solo basis should be sought.

Watchdog in respect of Convention non compliance

The Association and its members have, as detailed above, obligations under PACE and the Convention to include ensuring its nationals rights are facilitated/complied with. Accordingly, it will monitor compliance of PACE/the Convention , ideally in partnership with those locally charged with complying with it /facilitating it or, if that fails, through direct communication/dialogue with central government.

Diplomatic

The Association can be a conduit to a process of dialogue/communication to/from its members , their Embassies and in turn, the Countries they represent. It is a more efficient way of communicating with local diplomats on matters of a general nature.

Why should the state, business etc. engage,partner and collaborate with the Association or indeed, if it wishes, on a one to one basis with its members.

Well, of course, it does at a national level; central government engages with Embassies and High Commissions in London on matters of mutual interest as do the devolved ‘parliaments within the UK via a vis their local Consular Associations.

At a local level, engagement, partnership,collaboration gives rise to:

• joint efforts of representation
• shared knowledge/access to specialised knowledge
• mutual respect
• less confrontation
• more joined up thinking/problem solving
• improved communication flow
• a better understanding of each others positions
• better outcomes in areas of shared concern
• easier access to what might otherwise be more distant networks.

In summary: the capacity to achieve what otherwise may not be achieved