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Consular Affairs and Diplomacy Diplomatic Studies 7 Edited by Jan Melissen and Ana Mar Fernandez Online Ebook Texxtbook Full Chapter PDF
Consular Affairs and Diplomacy Diplomatic Studies 7 Edited by Jan Melissen and Ana Mar Fernandez Online Ebook Texxtbook Full Chapter PDF
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Series Editor
Jan Melissen
Netherlands Institute of International Relations ‘Clingendael’
VOLUME 7
Edited by
Jan Melissen and Ana Mar Fernández
LEIDEN • BOSTON
2011
Consular affairs and diplomacy / edited by Jan Melissen and Ana Mar Fernandez.
p. cm.
Includes index.
ISBN 978-90-04-18876-1 (hardback : alk. paper) 1. Diplomatic and consular
service. 2. Diplomacy. 3. Diplomatic and consular service, European. 4. Diplomatic
and consular service, Russian. 5. Diplomatic and consular service—United States.
6. World politics. I. Melissen, Jan. II. Fernandez, Ana Mar.
JZ1405.C66 2011
327.2—dc22
2010050201
ISSN 1872-8863
ISBN 978-90-04-18876-1
PART I
PART II
PART III
Chapter Nine The Many Past Lives of the Consul ................... 225
Halvard Leira and Iver B. Neumann
Peru and Costa Rica. In the Bureau of Consular Affairs, she held the
positions of Deputy Executive Director, Deputy Assistant Secretary
for Visa Services, Deputy Assistant Secretary for Overseas Consular
Services and Principal Deputy Assistant Secretary. She lectured at the
Foreign Service Institute and Consular Conferences on issues involving
automation and consular management. Her main publications include
Public Charge and the 1996 Immigration Act: Family Reunification and
Immigrant Visa Processing (Washington DC: Institute for the Study of
International Migration, Georgetown University, 2001).
Bert van der Zwan studied history at Leiden University in the Neth-
erlands. He has worked for the Dutch Ministry of Foreign Affairs since
1984, most recently as Head of the Historical Unit. He has published
on the history of the foreign ministry and Dutch foreign policy, nota-
bly on Dutch information services.
Jan Melissen
A great deal more has been written about diplomacy and diplomats
than about consular affairs and consuls. At any point in the history of
diplomacy and consular affairs, however, more people will have been
in touch with either honorary consuls, career consular officers or, after
the amalgamation of the diplomatic and consular services, with regu-
lar diplomats on a consular posting. Most citizens are also likely to
have less lasting memories of bumping into diplomats than their per-
sonal encounters with consular staff whose work, after all, consisted
of acting on their behalf or helping them out. To make the former
type of personal meeting possible, diplomats first have to make a point
of moving out of their own circle; while throughout history ordinary
people have been part and parcel of the consul’s operational sphere.
The early consuls of the seafaring powers in the Mediterranean, who
antedated the resident ambassador but succeeded the first ‘consuls de
la mer’, became responsible for looking after the interests of collec-
tivities of traders in foreign lands. The consul was of course also in
those foreign havens in the interests of his personal business, as it took
various centuries for the non-remunerated consular job to become a
career, but his official consular role was to protect his compatriots. The
four historical contributions to this book, starting with the overview
by Halvard Leira and Iver Neumann, and also the three chapters on
the great powers, give a good impression of the uneven development
of the consular institution, about its deserved place in the history of
diplomacy, and also about the distinctly limited responsibilities of con-
suls. Today, it is hard for countries to get across to their citizens where
the limits of their consular responsibilities lie. Anybody, anywhere in
the world, may ask his own government to come to his rescue, as is
made clear by Maaike Okano-Heijmans in the next chapter. Outside
the European Union, EU citizens may even request assistance from
accredited officials of other EU member states. What all of this boils
1
Renée Jones-Bos and Monique van Daalen, ‘Trends and Developments in Con-
sular Services: The Dutch Experience’, The Hague Journal of Diplomacy, vol. 3, 2008,
p. 89.
2
For an earlier discussion of consular affairs, see Maaike Heijmans and Jan Melis-
sen, ‘MFAs and the Rising Challenge of Consular Affairs’, in Kishan S. Rana and Jovan
Kurbalija (eds), Foreign Ministries: Managing Diplomatic Networks and Optimizing
Value (Malta and Geneva: DiploFoundation, 2007), pp. 192–206.
3
Jorgen Gronnegaard Christensen and Nikolaj Petersen, Managing Foreign Affairs:
A Comparative Perspective (Copenhagen: Danish Institute of International Studies,
2005), p. 41.
4
Jörg Ulbert, ‘La Fonction Consulaire au XIXe siècle’, in Jörg Ulbert and Lukian
Prijac, Consuls et services consulaire au XIXe siècle (Hamburg: DOBU, 2010), p. 18.
5
D.C.M. Platt, The Cinderella Service: British Consuls since 1825 (Edinburgh: Long-
man, 1971).
crises, the first half of the twentieth century definitely turned the page
for consular affairs. Perceptions of what constitutes the essence of
consular work started to shift, and trade promotion was increasingly
seen to be a secondary duty. Many foreign ministries are today much
more preoccupied with dimensions of consular work such as consular
assistance, visa policy and the prospects for international consular
cooperation—issues that keep them busy for very good reasons and
that have made consular affairs much more visible for all diplomats.
In spite of their importance, the principal consular-policy concerns
inside foreign ministries are, however, only a partial reflection of the
practical tasks that are executed by those in the periphery.
Broadly speaking, it is not difficult to distinguish between diplomatic
and consular work. Consular work is of a more practical nature and
has a strong emphasis on cooperation between countries, and consul-
ates do of course also operate in a more restricted area—the consular
district—than the embassy, which is covering a country as a whole.6
Going too far in portraying consular work and its typical functions
as entirely different from diplomacy proper does, however, not serve
analytical purposes, neither at the more general level discussed at the
beginning of this chapter, nor in a more practical sense.7 Consulates
strengthen a foreign ministry’s overall representational capacity; it is
increasingly realized how they can make an effective contribution to
the MFA’s public diplomacy; and, above all, their added value seems
evident in big countries of economic significance. As Smith Simpson
wrote almost 30 years ago:
Consular posts are in reality political, economic and cultural outposts,
adding to a government’s observation, listening, intelligence-gathering,
crisis-alerting, trade promotion, cultural and public relations opportuni-
ties. They are often in touch with whole regions of a country with which
embassies in capitals are not.8
6
For a concise and level-headed overview, see Sir Ivor Roberts (ed.), Satow’s Dip-
lomatic Practice (Oxford: Oxford University Press, 2009), in particular chapter 19.
An indispensible legal analysis is the handbook by Luke T. Lee and John Quigley,
Consular Law and Practice (Oxford: Oxford University Press, 2008).
7
For an opposite view, see G.R. Berridge, Diplomacy: Theory and Practice (Basing-
stoke: Palgrave Macmillan, 2010, 4th ed.), pp. 128–129.
8
Smith Simpson, ‘Political Functions of Consuls and Consulates: The Consular
Contribution to Diplomacy’, in Martin F. Herz, The Consular Dimension of Diplomacy
(Washington DC: University Press of America, 1983), p. 14.
It is above all their regional presence that supports the case for con-
sulates, career consuls and honorary consuls—as agents that can con-
tribute to the national economic interest. The economic importance
and greater ‘actorness’ of regions, quite a few of them with the muscle
of small states or even sizable ‘middle powers’, is one of the striking
features of the current global economy. MFAs that are considering
the closure of consulates as a relatively easy target in their drive to cut
costs had therefore better establish whether they contribute to bilateral
trade flows. In his chapter in this book, Kevin Stringer suggests that
may well be the case.
What to do with consuls? Calls for overseas regional representation
beyond other nations’ capitals have been a key element of government
policies, most famously in the United States’ second Bush administra-
tion’s ‘transformational diplomacy’, which was pronounced by US Sec-
retary of State Condoleezza Rice in 2006. An increasingly local posture
does not automatically rule in favour of consulates, but tends to draw
on functions in the field of export promotion and inward investment
that were traditionally performed by consuls. Many governments in
the Western world have recently created specialized agencies—such
as the Netherlands Business Support Offices, UBIFRANCE, the Cana-
dian Trade Commission, the Finpro Trade Centres, or Spain’s ICEX
office—that are in effect taking over and professionalizing such tasks.
Their activity is particularly visible in emerging economies such as
the BRIC countries (Brazil, Russia, India and China). Other types of
informal missions, including specialist knowledge outposts like Swit-
zerland’s Swissnex and industrial intelligence offices such as Innova-
tion Norway, also make clear that the age-old consular functions are
of course by no means extinct. They may, however, be performed by
people other than consular officers or diplomats, in different types
of informal missions, and actually be less recognizable as ‘consular’,
because they go under another name.9 This is entirely consistent with
the early history of the consular institution, when people doing con-
sular work were in fact known by a variety of titles.
It is hard to predict what the long-term consular response of coun-
tries will be to major geopolitical shifts and intensified competition
in the global economy. Foreign ministries will certainly keep asking
9
I am grateful to the anonymous reviewer of this book for drawing my attention
to this point.
Chapter Outline
domestic considerations is likely to carry the day, and that this has the
potential to lead to routine exaggeration of threats, with a number of
significant consequences. Maley suggests, inter alia, that consideration
might be given to outsourcing such activities. Kevin Stringer looks at
a dimension that most observers associate with the history of consular
work or even consular decline, but that should not be overlooked in an
era of enhanced global economic competition, with growing presence
by regions and cities on the international stage, and augmenting pres-
sure on the cost of overseas representation. Stringer contends that, in
spite of its history, the commercial dimension of consular work is once
again becoming a significant component of diplomatic power, when
compared to the work of embassies. He argues in particular that shifts
brought on by globalization make the institution of honorary consul
relevant for this new era of diplomacy. Stringer’s chapter discusses
why regions and municipal hubs are increasingly more important than
national capitals in terms of business and commerce, and it highlights
how states are using honorary consuls to extend their representational
network. He demonstrates in particular how selected countries are
using honorary consuls to develop their export and trade relations.
The first part of the book concludes with two chapters on the Euro-
pean Union. As a political order, the EU is not eliminating the classi-
cal Westphalian model, but it has transformed diplomatic practice in
a profound sense. Arguably, Europe is once again one of the world’s
most fascinating diplomatic laboratories, and indeed also a testing
ground that shows the potential as well as the limitations of interna-
tional consular cooperation. Discussions on contemporary European
diplomacy tend to focus on the nascent External Action Service. It is,
however, very likely that pressure to demonstrate the viability and ben-
efits of efficiency will focus on harmonizing the consular activities of
member states, particularly in the field of visa policy. Ana Mar Fernán-
dez’s chapter sets the scene by exploring the institutional development
of the external side of EU internal security. In particular, her chapter
addresses the question of its administrative settings. It examines the
patterns of administrative cooperation resulting from both the gradual
institutionalization of channels of trans-governmental consular coop-
eration and the growing deployment of the EU’s harmonized rules and
practices. The chapter ends with some concluding remarks concern-
ing the implications of this process for the consular administrations
of EU member states in third countries and, more generally, for the
The final section then continues with three case studies of seafaring,
colonial nations. As Great Powers on the European continent, Spain,
France and the Netherlands have each in their own right contributed
to the evolution of the consular institution in Europe, particularly
from the sixteenth to the nineteenth centuries. Strenuous efforts by
the editors to include Great Britain in this book’s case studies were
unsuccessful, but in any case Britain was not a pioneering nation in
the consular field, and fortunately there is some literature covering
the evolution of British consular practice.10 Jesús Núñez Hernández
writes that from the Middle Ages the history of the consular function
is closely related to the development of the Spanish consular institu-
tion, and that Spain has played a significant role in the codification of
consular law. Núñez analyses the development and influence of the
Spanish Consular Service since the Visigothic period. He examines the
origins and development of the consular function and addresses its
contemporary transformation in the face of developments such as the
‘diplomatization’ of the consular institution during the twentieth cen-
tury, Spain’s transition to democracy and its accession to the European
Communities.
The chapter by Albert Kersten and Bert Van der Zwan discusses
the evolution of the Dutch consular service. In the mid-seventeenth
century, the Republic of the United Provinces had grown into a Great
Power with a vast diplomatic and consular network across Europe, the
Ottoman Empire and North Africa. Its main task was fostering com-
mercial interests. Kersten and van der Zwan write that by the second
half of the nineteenth century a professional service had come into
being, which also executed diplomatic functions in colonial and semi-
dependent areas. The Industrial Revolution was the main push-factor
that eventually led to this professionalization. By 1945, much later
than in France or Germany, the convergence of commercial, politi-
cal and security interests resulted in the merging of the consular and
diplomatic services.
Finally, in the chapter on France, Jörg Ulbert argues that despite
being created in the Middle Ages, the French consular network only
started to grow at the beginning of the seventeenth century. Dur-
ing the next two centuries, the number of positions was constantly
10
Platt, The Cinderella Service; and John Dickie, The British Consul (London: Hurst
& Company, 2007).
Maaike Okano-Heijmans*
Introduction
* I would like to thank the editors of this book and several practitioners in the
consular field for review of earlier drafts of this chapter, and the Dutch Ministry of
Foreign Affairs for their professional and financial encouragement in starting research
on this subject in 2006. I am also grateful to the many consular officials and other
experts who shared their insights in interviews and discussions over the past years.
1
This is not to say that documentary services are in all ways clear-cut or routine
work. For example, travel document and identity fraud, as well as the introduction of
biometric data into travel documents, are growing challenges that require substantial
attention from consular departments.
2
See the historical chapters in this book, and Maaike Heijmans and Jan Melis-
sen, ‘Foreign Ministries and the Rising Challenge of Consular Affairs: Cinderella in
the Limelight’, in Foreign Ministries: Managing Diplomatic Networks and Optimizing
Value (Geneva: DiploFoundation, 2007), p. 195.
3
An internal review by the Canadian Ministry of Foreign Affairs and International
Trade was published in November 2004: Review of Consular Affairs—Final Report.
The National Audit Office in November 2005 published the report The Foreign and
Commonwealth Office: Consular Services to British Nationals. The Dutch government
commissioned a confidential review; see Maaike Heijmans and Jan Melissen, Con-
sulaire Zaken en Diplomatie: Buitenlandse Zaken met Binnenlandse Prioriteiten (The
Hague: Netherlands Institute of International Relations ‘Clingendael’, 2006, unpub-
lished). The European Commission launched a public debate on diplomatic and
consular protection; see Green Paper: Diplomatic and Consular Protection of Union
Citizens in Third Countries, COM(2006)712 final (Brussels: European Commission,
28 November 2006).
4
‘Libya Frees Bulgarian Nurses in AIDS Case’, New York Times (online), 24 July
2007.
5
Law on consular officers, their functions and powers (Consular Law, 1974), arti-
cles 1 and 5 (1).
6
See, for example, the ongoing debates about the ‘transaction state’ and ‘drama
democracy’ in Frank Ankersmit, ‘De Plaag van de Transactiestaat’, in Frank Ankers-
mit and Leo Klinkers (eds), De tien plagen van de staat: de bedrijfsmatige overhead
gewogen (Amsterdam: Van Gennip, 2008); and Mark Elchardus, De Dramademocratie
(Tielt: Lannoo, 2003). The trend towards managerialism and marketization is particu-
larly recognizable in the current British consular strategy, which uses terminology
such as customers, service, value for money and efficiency; see Foreign and Common-
wealth Office, Delivering Change Together: The Consular Strategy 2007–2011 (Lon-
don: FCO, 2007), available online at http://www.fco.gov.uk/resources/en/pdf/pdf13/
fco_pdf_consularstrategy2007.
7
British consular official in a personal meeting with the author, London, 21 Febru-
ary 2006.
8
It is telling that the media did not take notice of this important change in the
foreign minister’s office. Although the tasks of the director-general are taken over
by officials in the consular department, the clout of having an officer in the higher
spheres of the ministry has clearly faded; communication with a representative of the
Swedish foreign ministry, December 2008.
The discrepancy between the call of the public and politicians for
high-quality services and the tools available to consular practitioners is
becoming increasingly difficult to manage. One consular official com-
mented that ‘we are the victims of our own success’, meaning that
internally the consular bureau gets little recognition because officers
‘hang in’, while externally citizens are not satisfied despite—or because
of—what have come to be called ‘Cadillac consular services’.9 The pri-
oritization of consular affairs by senior officials remains, indeed, more
an ad hoc response to practical challenges that relate to the reputation
of individuals and the ministry alike, than a matter of intrinsic vision.
The upgrading of consular assistance to Dutch prisoners abroad and
their contacts at home in the early 2000s, for example, was pursued
under intense pressure from the Dutch parliament and press. The
result—including a monthly allowance to prisoners in certain coun-
tries outside the EU, which for security reasons is not rarely delivered
personally by diplomats to prisoners—may well be called an extension
of the welfare state and in turn raises (ethical) questions, including
whether perpetrators are receiving too much attention relative to vic-
tims. While Dutch excellence in this field may be upheld as an example
for other countries, it is also a clear case of consular affairs responding
to pressure from parliament and the press.
Only recently, calls have been growing to shift from a merely opera-
tional approach to consular affairs, to an awareness of the need to
develop a distinct policy agenda. In the words of one consul, ‘we have
been busy like children, handling cases, but now we need to become
adults’.10 This slowly but steadily unfolding process signals a profound
shift in thinking about consular affairs.
At the core of this development is the changing context, wherein citi-
zens are increasingly able and willing to make a consular issue a politi-
cal matter through media exposure, and wherein a growing number
of officials at various levels argue for the development of a consular
framework. It could be argued that the government’s responsibility to
protect its citizens has never been a mere ‘consular matter’, but there
is little doubt that today it is increasingly a diplomatic concern.
9
Interviews by the author at the Foreign and Commonwealth Office, London,
and the Department of Foreign Affairs and International Trade, Ottawa, April–May
2006.
10
Canadian consular official in a personal meeting with the author, The Hague,
19 September 2008.
11
Hedley Bull, The Anarchical Society: A Study of Order in World Politics (New
York: Columbia University Press, 2002 [1977]). By the international order, Bull means
a pattern of activity that sustains the elementary or primary goals of the society of
states, or international society. Other regulating mechanisms are the balance of power,
international law, war and the Great Powers.
12
See also Andrew Hurrell, in Bull, The Anarchical Society, p. xxi (foreword to the
third edition).
13
Robert Cooper, The Breaking of Nations: The Order and Chaos in the Twenty-
First Century (London: McClelland & Stewart, 2005). Moreover, the excessive empha-
sis on the declining role of the state relative to that of other actors may be the greatest
shortcoming of Haass’s otherwise useful argument about the ‘age of nonpolarity’.
See Richard N. Haass, ‘The Age of Nonpolarity: What Will Follow US Dominance’,
Foreign Affairs, vol. 87, no. 5, May/June 2008. This essentially Western-centric view
underestimates the continuously crucial role being played by the state to achieve
order and manage the disorder in the security, economic and financial fields. The
state retains primacy, for example, in intelligence-gathering and managing global
challenges, including intervention in financial markets.
14
Christian Reus-Smit, The Moral Purpose of the State: Culture, Social Identity and
Institutional Rationality in International Relations (Princeton NJ: Princeton Univer-
sity Press, 2009 [1999]), p. 14.
15
James Mayall, ‘Introduction’, in Paul Sharp and Geoffrey Wiseman (eds), The
Diplomatic Corps as an Institution of International Society (New York: Palgrave Mac-
millan, 2008), pp. 1–12.
16
The British foreign ministry, for example, discusses its strategy and cooperates
with a ‘Consular Stakeholder Panel’ (earlier, the Consular Strategy Board and Travel
Advice Review Group). This group includes associations of travel agents and operators,
insurers, airlines, airports and travel guides as well as non-governmental organiza-
tions such as the Muslim Council and the Red Cross; see Foreign and Commonwealth
Office, Delivering Change Together. As discussed elsewhere in this book in the chapter
by Wesseling and Boniface, a similar trend towards outsourcing is recognizable at the
European level with regard to the collection of visa requests.
17
On this understanding of diplomacy, see R.P. Barston, Modern Diplomacy (Har-
low: Pearson Education Limited, 2006 [1988]).
18
D.C.M. Platt, The Cinderella Service: British Consuls since 1825 (Hamden CT:
Archon, 1971).
19
Article 36 of the Vienna Convention on Consular Relations, 1963.
20
The chapter in this book by William Maley addresses this issue in more detail.