By Amb. Emmanuel Mwamba
On Tuesday 17th May 2022, the Swedish and Finish Embassies flew the flags, on their premises, of the Lesbian, Gay, Bisexual, and Transgender (LGBTQI). The bassies stated that they did this in support and commitment to LGBTQI rights.
We demand answers from the Ministry of Foreign Affairs and International Cooperation.
Zambia has not recognised LGBTQI rights and the practice of homosexuality remains a criminal offence in Zambia. This issue raises serious traditional, cultural and religious concerns and the Zambian people have constantly rejected this matter everytime it has come up for both debate or policy consideration.
It is therefore surprising that these embassies chose to fly these flags at their premises without due regard to the law and cultural sensitive of Zambians and Zambia to the matter..
Under the 1961 Vienna Convention guiding Diplomatic Relations, Diplomats are mandated to respect the law of the receiving State and it is a serious breach of the Convention to break the law of the host country.
Similarly their premises, although enjoying immunities and privileges, must not be used for other purposes other than the approved and agreed purposes as guided by the Convention and host country.
Article 41 of the Vienna Convention provides that;
(1.) “Without prejudice to their privileges and immunities, it is the duty of all persons enjoying suchprivileges and immunities to respect the laws and regulations of the receiving State. They also have a
duty not to interfere in the internal affairs of that State.”
And
(3) “The premises of the mission must not be used in any manner incompatible with the functions ofthe mission as laid down in the present Convention or by other rules of general international law or byany special agreements in force between the sending and the receiving State.”
It is imperative that the Ministry of Foreign Affairs and International Cooperation resolves this blatant disrespect of Zambian laws and the culture of its people and the utter disregard by these Embassies for the Convention regulating Diplomatic Relations between Zambia and their States.
