Shades Of Gray

With the United States embroiled in a tit for tat debate with India over the treatment a diplomat, the issue of diplomatic immunity has been making headlines as of late.  At issue is the arrest of the Indian woman on charges that she committed visa fraud by falsifying records related to the employment of her Indian nanny.  The details are murky and contested by both sides but the larger question to ponder is whether diplomatic immunity is a "get out of jail free card" allowing foreign diplomats to be exempt from following any and all of the laws of their host country (which in this case is the United States but the same principle can be applied to diplomats posted in any country around the world).

So what exactly is diplomatic immunity and who is entitled to this privilege?  According to Wikipedia, diplomatic immunity is a form of legal immunity governed by the Vienna Convention on Diplomatic Relations that ensures that diplomats are free to conduct their business and are not susceptible to lawsuit or prosecution under their host country's laws. Although it is rarely done, and India has refused to do so, a diplomat's home country may waive the immunity and allow the host country to prosecute if the diplomat has committed a serious crime.  But the decision to do so lays with the home country and the home country alone.  So does this mean a diplomat can do what they want, when they want without shouldering the consequences of their actions or should?  Is it really a ticket to evade the law for one's own personal gain?  

Anyone who has spent time in the Washington D.C./Northern Virginia area is familiar with the license plates sported by diplomatic vehicles.  All too often these are the cars that are double parked along Connecticut Avenue, speeding along Constitution Avenue, and generally violating a myriad of traffic laws with the police turning a blind eye since the registered owners of the vehicles are diplomats.  I'll be honest, here in Albania the local authorities afford us, as diplomats, the same courtesy.  But just because you can violate traffic laws and get away with it doesn't mean you should. At least that is how my husband and I feel.  More often than not it would be easier to double park but we then remind ourselves of how we disliked this very behavior when we lived in D.C.  (And yes, it doesn't matter if everyone, regardless of their status, in Albania violates the traffic laws.  A law is a law).  We also believe that as diplomats, we are representatives of our country at all times and as such, we should set a good example and even be held to a higher standard than the general public.  After all, if nothing else, our license plates immediately identify us as both Americans and diplomats.  If only others felt the same way.  But in the big scheme of things, I suppose traffic violations which include thousands of unpaid fines in the DC alone, are a relatively minor problem when compared to some things that go on.

The Washington Post published an op-ed piece on the extent of diplomatic immunity last week that highlighted the problem of foreign diplomats exploiting domestic workers in the United States.  Unfortunately, it is an all too common occurance with diplomat after diplomat hiding behind their immunity while they knowingly and sometimes openly violate the U.S.'s labor and human rights laws.  I seriously think that for every case that gets brought to the public's attention there are several more lurking behind the shield of immunity.  Because of this there are people who are essentially enslaved on American soil and treated in ways that no human should ever be treated.  More often than not when problems become public, diplomats are whisked out of the country without receiving any punishment for their crimes.  In rare cases, the country will waive the immunity and the diplomat will be punished.  If only this happened more often.   Instead, as has happened in this most recent incident, the diplomat returns home after committing misdeeds unrelated to their actual job, the crimes go unpunished, and victims are left victimized.  Somehow I seriously doubt that is what the framers of the Vienna Convention had in mind.

The Fine Art of Diplomacy

Ah diplomacy; so many of us think we know what it means to be diplomatic but very few of us are actually able to carry out the mission.  The good old Merriam-Webster dictionary calls diplomacy the "art and practice of conducting negotiations between nations."  A secondary definition is having "skill in handling affairs without arousing hostility."  Living overseas, I think about both of these definitions a lot and how they affect my own daily life.  The first definition may be more likely to apply to the big guns--people who work and move in diplomatic circles on a daily basis-- but we should all take note of the second definition and do our best to practice being diplomatic in our daily lives.  After all, good manners and etiquette never go out of style.

So how do you put being diplomatic into practice?  In my opinion, it is really quite simple.  It means knowing when to ask the right questions or not to ask any at all.  It means being polite, understanding, and non-intrusive and never inserting yourself into a conversation that you have not been invited into.  (The same goes for events- if you didn't receive an invitation from the host, don't assume you are invited and definitely don't ask to be included).  Many dinners and receptions are working events and must be treated as such; rarely are they purely social opportunities since most of the people present probably wouldn't socialize with each other under other non-official circumstances.  I know the same goes for official entertaining in our own home; I may not always want to welcome our guests with open arms but I am unfailingly polite so they are never the wiser about my true feelings. Sometimes this may mean inviting a guest to dinner who I don't personally agree with but in these situations the reality is that my opinion just does not matter.  In situations like this, killing people with kindness is the way I operate and I remind myself that two wrongs just don't make a right.  As a guest it is also important to know when to leave.  You may rage past midnight at a friend's house but unless you have specifically been asked to stay longer, depart before the end time written on your invitation.  But on the same hand, don't leave too early.  Glenn and I learned this the hard way when we once, because of an issue with our babysitter, left a dinner before coffee had been served.  All of the other guests took our departure as a signal that the event had ended and quickly followed us out the door.  We never repeated that one mistake!

I know that it is equally important to be polite in all situations and if necessary, keep my personal opinions to myself  in these settings.  As an American I am acutely aware that any personal opinion I express could be construed as being that of my government and my country.  If appropriate words fail me it is always more acceptable to smile and nod rather than saying something that may offend or be misinterpreted.  I also take my cues from those around me.  Here in Albania it is common to greet people with double air kisses and both bring a small gift when a guest but also give a small gift to your guests.  These are not necessarily customs in America but when in Rome--or Tirana---we follow these leads.  In the end it is essentially a small gesture that really goes a long way. 

Above all, I remember that none of this is permanent. The dinner, reception, concert, or even our time here has an expiration date.  At the end of the day diplomacy is all about getting the work done, getting along with others and neither offending nor embarrassing yourself, your hosts, or your country.  So to quote one of my favorite cartoon characters of all time, "just smile and wave boys, just smile and wave."