What does it mean when you are declared persona non grata?

After a heated exchange over the West Philippine Sea, some senators considered filing a resolution that would recommend the declaration of certain Chinese Embassy officials as persona non grata, a call that President Ferdinand Marcos Jr. later rejected.

But what does this declaration entail?

According to the National Union of Peoples’ Lawyers (NUPL) President Ephraim  Cortez, the declaration of an individual as persona non grata shows a country’s displeasure regarding the demeanor or the character of a diplomat.

Citing the Vienna Convention on Diplomatic Relations, Cortez said that the President may declare a diplomat a persona non grata through the Department of Foreign Affairs (DFA).

“Kahit walang explanation, kapag may ground na ayawan nila ‘yung pinadala ng head of nation, ambassador, or even staff, ay dine-declare nila na persona non grata, or unacceptable ‘yung particular ambassador na ‘yun,” he told GMA News Online.

(Even without an explanation, when there is a ground and they do not want the head of state sent, an ambassador, or even staff, they declare that person persona non grata, or that particular ambassador is unacceptable.)

Cortez said that possible grounds include espionage, criminal act, or disrespect for government officials and government institutions.

Following this, the sending State shall recall the diplomat or terminate his functions.

Cortez said that if the sending State fails to recall its diplomat, the receiving State may refuse to recognize the person as a member of the diplomatic team.

“In case the sending country ay hindi i-recall o patuloy na ipadala, the host country ay merong option not to recognize the authority of that diplomat — members of that diplomatic corps,” he said.

However, Cortez said that being declared persona non grata is not equal to criminal liability.

“Definitely, walang ano ‘yan, walang criminal implications ‘yan. It’s just that hindi siya nire-recognize na official representative,” Cortez said.

(There are definitely no criminal implications. It’s just that he or she is not recognized as an official representative.)

Article 43 of the Convention states that the function of a diplomatic agent ends when the sending state notifies the receiving state that his function has come to an end; or when the receiving state refuses to recognize the diplomat.

According to the Convention, when the functions of a diplomat enjoying privileges and immunities come to an end, the privileges and immunities shall normally cease at the moment he leaves the country, or upon expiry of a reasonable period.

Such immunities include being inviolable; immune from criminal, civil, and administrative jurisdiction except for certain cases; and are not obligated to give evidence as a witness.

However, though there is no criminal liability on the part of the diplomat, Cortez said that declaring ambassadors as persona non grata may have implications on the relationships between two countries.

“In many instances, kapag ganoon usually, ang ginagawa nila, nag re-retaliate sila at pinapaalis din nila ‘yung ating diplomatic— ‘yung ating ambassador at member ng diplomatic corps sa kanila. So nag ke-create talaga siya ng diplomatic crisis,” he said.

Declaration by LGUs

Similar to the national level, Cortez said that local government units (LGUs) declaring citizens as persona non grata has no binding effect.

He said that individuals cannot be prohibited from visiting cities where they are declared to be persona non grata, as this is a violation of their right.

“Violation ‘yan ng right to travel. so ‘yung constitutionally protected right niya, right to travel, will not be affected by the persona non grata kasi walang binding effect ‘yun,” he said.

“In fact, they [city councils] should not, they cannot do it in fact. Kaya lang ginagawa nila,” he added.

Last resort

For the DFA, declaring a foreign official persona non grata is "an option of last resort," adding that it is one of the most severe forms of diplomatic action that can be imposed by the government against foreign diplomatic personnel.

"It also carries tremendous implications moving forward such as reciprocal action or other countermeasures in other areas which is why it should not be made lightly, and decided only with careful and clear thought and preparedness for how it will shape the Philippines’ strategic interest moving forward," DFA Secretary Tess Lazaro said.

Lazaro said the DFA is committed to its mandate and assured it is in direct communication with the Chinese government on various bilateral and international issues. — BAP, GMA Integrated News