Recommendation 4

HM Government Acknowledged

9. International law prohibits unlawful interference in the domestic affairs of another state. The Vienna Convention on Consular Relations 1963 (VCCR) provides the legal framework for consular functions between States. The VCCR sets out overarching rules on how states provide consular assistance to their nationals in other States. It provides Contracting Parties (i.e., the relevant States) with certain rights, but also responsibilities. It is a fundamental principle that consular officers operate within, and must respect, the law of the receiving State, and Article 55 includes a clear obligation not to interfere in the internal affairs of that State. 10. In line with the Government’s commitment to strengthening the Rules Based International System, the Government encourages all States to abide by their obligations under international law. The UK has always been, and will remain, a strong advocate for the UN’s human rights fora and fully supports the Human Rights Council and the tools and mechanisms at its disposal. The Government values the important work of the UN Working Group on Arbitrary Detention (UNWGAD) and co-sponsors its mandate, most recently in October 2022. Individual opinions by the UNWGAD are based on the information available to them. They are not legally binding, and their recommendations are rightly for the detaining State to address. As a general principle, the Government may disagree with an individual Opinion while supporting the UNWGAD’s role and work. 11. There is a difference between interfering in a judicial system and intervening where a British citizen is unjustly detained. As a matter of existing published consular policy, where there are concerns that a detainee is not being treated in line with international standards the FCDO can, with the consent of the individual, raise these with the relevant authorities, including at the highest levels of government. Where the UNWGAD has adopted an Opinion that a British national is arbitrarily detained, we take this very seriously. Ministers are informed and we consider the UNWGAD Opinion alongside all other relevant reporting and information available to us to inform our approach. Our overarching consular policy is to act in the best interests of the individual: our actions (or sometimes intentional inaction) are focused on the need to consider, on a case-by- case basis, the best interests of the detained individual and what we judge to be the most effective approach. That the detaining authority retains jurisdiction and ultimately control over nationals in its custody is a political and legal reality which we need to bear in mind when taking a view on the best interests of an individual.