Persona Non Grata: Origin, Meaning and Explanation

This article titled ‘Persona Non Grata: Origin, Meaning and Explanation’ is written by Sahajpreet Bhusari and discusses the maxim of Persona Non Grata.

I. Origin and Meaning

Persona Non Grata is a legal term of Latin origin. In Latin, the term originally means, ‘person not welcome’.[1]

II. Explanation

This maxim has evolved in the field of diplomatic relations and such a statement means that foreign diplomats are not welcome in this country; they are not allowed to enter or continue to stay in a particular country. Just as the principle of diplomatic immunity protects the sending state of the diplomat, this principle of individuality protects the interests of the receiving state.

Such a declaration may be made before the diplomat arrives in the host country or after the diplomat has commenced the performance of his functions. Consequently, not all claims will result in the diplomat being expelled, but if they do, they are subject to Article 41 of the 1961 Vienna Convention[2].

III. Illustration

State X sends a diplomat to State Y. Due to war or fractured relations between states, or criminal conduct by a diplomat, State X may make a claim that the diplomat is someone who is unwelcome (persona non grata) in their eyes.

IV. Case Laws

Surjeet Singh, an Indian citizen, was declared persona non grata in 2016 by the Pakistani government. This happened shortly after the Indian government arrested a Pakistani diplomat prior to his expulsion, thereby violating the Vienna Convention of 1961. It was therefore due to strained relations between the two countries. This case resulted in his expulsion from the country.

In 2014, the Devyani Khobragade incident happened; She is an Indian diplomat in New York. She was accused of providing false information for entry and visa fraud for her servants. Upon request, India refused to waive immunity and prosecuted the diplomat in court. As a result, the United States adopted this principle and declared her an unwanted diplomat (persona non grata), leading to her expulsion from the country.

In 2013, Jagmeet Singh, a Canadian MP, was banned from India under this rule. He was the first sitting member of a Western legislature who had his visa cancelled to travel to India. This is mainly based on the allegation that he had links with the Canada-based Khalistan extremists who blew up Flight 182 causing a fatality.

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References

[1] Persona Non-Grata, Available Here.

[2] Article 41, Vienna Convention, 1961.

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1. Law Library: Notes and Study Material for LLB, LLM, Judiciary and Entrance Exams
2. Legal Bites Academy – Ultimate Test Prep Destination