By Sola Enikanolaiye
Introduction
Over time, it has been observed that diplomatic terms and practices are largely misused and misunderstood in Nigeria. There are publications in the media and commentators who, in their public discourses, make glaring errors, blunders, goofs, and sometimes misinterpret diplomatic terms in the context of Nigeria’s diplomatic practices.
Although diplomatic practice is universal in line with the provisions of Vienna Convention on Diplomatic Relations (1961) and the Vienna Convention on Consular Relations (1963), some national peculiarities, local customs and traditions are usually respected by States in their interaction with one another. Failure to adhere to time-honoured diplomatic practices and traditions can give offence and create needless irritants in otherwise excellent, mutually beneficial relations between and among sovereign States in the international system.
For Nigeria, the two Conventions are supplemented by the Foreign Service Regulations annexed to the Public Service Rules of the Federal Government and Internal Administrative and Policy Circulars and instructions issued by the Ministry of Foreign Affairs from time to time.
In the complex arena of international relations, the precision of language and the adherence to established protocols serve as the bedrock of successful engagements. For Nigeria, a nation whose foreign policy is central to its identity as a regional leader and to its national security and development, accurate application of diplomatic terms is not merely a matter of academic interest but also a requirement for national prestige, seamless conduct of diplomatic relations and effective governance.
Unfortunately, contemporary Nigerian landscape is increasingly characterized by a disconcerting spate of misuse and misunderstanding regarding diplomatic terms and practices. From the misinterpretation of diplomatic immunity by public officials to the blurred distinctions between career and political envoys in public discourse, these inaccuracies have frequently led to administrative frictions and a distorted public understanding of diplomacy.
Consequently, there is the need to bridge the gap between official, protocol, usage and public awareness. This short intervention derives from personal experience, is aimed at addressing this deficit by clarifying often-misused diplomatic terminologies within the Nigerian context, evaluating the practical application of these concepts in the country’s Foreign Service, and ultimately, fostering a more informed national dialogue on diplomacy and its practice in Nigeria.
May I also add that some of the materials for this piece have been taken from Satow’s Guide to Diplomatic Practice, RG Feltham’s Diplomatic Handbook and the Review Manual for Promotion Examinations in the Nigerian Civil Service for the Ministry of Foreign Affairs, compiled by the author and two of his colleagues in the Ministry, Ambassadors Yemi Dipeolu and Audu Kadiri.
MISUSED TERMS, CONCEPTS AND NIGERIA’S PRACTICE EXPLAINED
This section would attempt to examine a list of terms often misused in discourse on diplomacy in Nigeria. I must state that this is not an exhaustive list.
i. Embassy
This is the permanent delegation or mission of one country physically resident in another. An Embassy is the highest level of diplomatic representation. Unlike a Consulate (which handles specific matters like trade and consular issues), the Embassy handles the entire gamut of relationship between two nations.
Common Error: People often call the building an “Embassy,” but the Embassy is actually the group of people. The building itself is the Chancery.
ii. High Commission
A diplomatic mission exchanged between Commonwealth countries; Commonwealth being association of countries that were members of the British Empire. (e.g. Nigeria’s mission in London). It is functionally the same as an Embassy but reflects historical ties of the nations to the British Colonial Government. It usually sounds odd when, in public discourses, a High Commission is referred to as an Embassy as it happens all the time.
iii. Consulate General
A subordinate diplomatic mission located in a major city usually other than the capital (e.g., the U.S. Consulate General in Lagos, whereas the Embassy is in Abuja). Strictly speaking, the Head of a Consulate is not a Head of Mission. It focuses on trade and citizen services (visas/passports).
iv. Chancery
The actual office building where the Ambassador and staff work.
v. Head of Chancery
A diplomatic agent in an Embassy usually sufficiently senior to handle administrative and financial matters including coordination of the Mission’s activities. He is the Chief Operations Officer of the Embassy. He is the officer in charge of the Head of Mission.
vi. Residence
The official home of the Ambassador or High Commissioner. In Nigeria, the “Embassy” (Chancery) and the “Residence” are often in different parts of Abuja just as Nigerian Chanceries and Residences are located in the capitals of the various countries abroad, usually in separate parts of the cities.
vii. Chancellery
This is the department or administrative office within an embassy, or in some countries, the Ministry of Foreign Affairs itself. It is often confused with “Chancery” (the building).
viii. Ambassador
The highest-ranking diplomat representing a Head of State in a non-Commonwealth country. They are “Extraordinary and Plenipotentiary.” Being Extra-ordinary and Plenipotentiary simply means an Ambassador with full powers – to speak authoritatively in the name and on behalf of his sending Head of State and in the old traditions, negotiate and conclude agreements, treaties and conventions on behalf of the Head of State without recourse to his capital.
ix. High Commissioner
The highest-ranking diplomat sent from one Commonwealth country to another as an Ambassador.
x. Chief of Mission
This is another term for Head of Mission, Ambassadors or High Commissioner. He is assisted in some cases by a Deputy Chief of Mission. In the Nigerian practice, such Deputies are usually the next ranking officer to the Head of Mission or most times, so officially designated by the Ministry of Foreign Affairs among senior diplomats posted to the missions concerned.
xi. Consul General
Head of a Consular post distinct and separate from a diplomatic mission accredited to the Minister of Foreign Affairs. This is the head of a Consulate General. They report to the Ambassador in the capital but are responsible for consular matters such as issuance of passports, travel documents, welfare of nationals, promotion of trade and commercial interests among other non-political matters. According to the Nigeria’s Foreign Service Regulation, a Consul General in a country where Nigeria maintains a diplomatic mission headed by a substantive Ambassador is, by definition, not a Head of Mission. The Head of Mission is the Ambassador/High Commission at the capital under whom the Consul General operates.
Nigeria currently maintains 110 Missions abroad, comprising 76 Embassies, 22 High Commissions and 12 Consulates General. The Consulates are located in Atlanta, New York, (US), Frankfurt (Germany), Buea and, Doula (Cameroon), Johannesburg (South Africa), Bata (Equatorial Guinea), Dubai (UAE), Jeddah (Saudi Arabia), Guangzhou, Shanghai and Hong Kong (China).
Quite often in Nigeria, people refer to the Consul General as the “Consular”. This is wrong. There is no such nomenclature. You only have Consular Officers as officers working at the Consulates. They are technically not diplomats in the strictest interpretation of the term. Their status, functions, responsibilities, privileges and immunities of very limited nature when compared to those of diplomats are covered by the 1963 Convention on Consular Relations.
Consuls General are appointed by the Foreign Minister and accredited by him to his counterparts abroad on the basis of clearly designated consular jurisdictions within the receiving States. They are issued with Letters of Commission signed by the appointing Foreign Minister and addressed to his counterparts in the receiving States.
In Nigeria, Consuls General are appointed exclusively from the rank of senior Directorate level diplomats from the Ministry. They are very rarely appointed from the political, non-career class, except with the rare cases of Consuls General to New York (Dr Uriah Angulu), Jeddah (Alhaji Saka Fagbo) in the 1970/1980 – both of them politicians of blessed memory. Unlike those of Ambassadors/High Commissioners, the appointment of Consuls General does not go the Senate for confirmation.
Rather than the Agrement issued as acceptance of Ambassadors/High Commissioner nominees, Consuls General are issued with Exequatur (Latin) by the receiving Foreign Ministers as evidence of acceptance of their appointment. This is like the legal permission to function in the country of accreditation within assigned jurisdiction.
xii. Consul
A mid-ranking official in a consulate who handles specific duties like visas, commercial or trade, or protecting citizens.
xiii. Vice Consul
A junior officer who assists the Consul or Consul General or at the diplomatic post which houses them as part of the mission in the same physical location. While some consulates are located separately from the Embassies depending on the size and interests of the sending country, others designate specific diplomats in their Missions to perform consular duties.
xiv. Attachés
Specialized experts “attached” to an Embassy for specific duties and fields (e.g., Defense Attaché, Commercial Attaché, Immigration Attache, Finance Attache, Information Attache, or Cultural Attaché). They are usually from Ministries, Departments and Agencies (MDAs) other than Foreign Affairs (like the Ministry of Defence), posted to assist the Head of Mission to discharge those technical and specific functions that fall under their jurisdiction. They operate under the authority of the Ambassador/Head of Mission who is the Principal Representative of the President and Commander-in-Chief in the country(ies) of accreditation. Instructions sent to them from home by their parent Ministries are usually routed through the Head of Mission and are executed under his overall authority and, supervision. This is an area of conflict often between the Head of Mission and some of the Attaches in Nigerian Missions abroad who like to operate independently of the Ambassador/High Commissioner. This is also wrong.
Some diplomatic Missions in Nigeria have continued to abuse the term Attaches, contrary to the letters and spirit of the two Vienna Conventions above mentioned. We have missions that called some of their non-diplomatic officers as Political Affairs Officers, Human Rights Officers, Legal Attaches, Development Officers, Law Enforcement Officers, etc. This is equally inappropriate as such nomenclatures speak directly to the domestic affairs of the country, beyond mere diplomatic interactions based on etiquette and protocol.
xv. Letters of Credence
The formal, physical letter from one Head of State to another asking them to give “credence” (trust) to the Ambassador that has been appointed and sent in line with the provisions of the Constitution. They are singed exclusively by the Sovereign (Presidents, Kings/Queens or Prime Ministers. The authority to issue such Letters, being from Sovereigns to Sovereigns, cannot be delegated to any other authority of State.
xvi. Credentials
A broader term that includes the Letters of Credence and other supporting documents proving the diplomat’s identity and authority. For Ambassador/High Commissioner designates, they are signed by the Sovereigns including the Letters of Recall of the predecessors of the Ambassadors about to present the Letters to the receiving Heads of State.
xvii. Agrément
This is the formal “OK”, agreement/acceptance given by a receiving country to a proposed Ambassador/High Commissioner. Before Nigeria sends Ambassador to any country, say Germany, it must privately ask Germany for Agrément. If the host country remains silent, or requests for another nominee, this is a polite way of saying “No” to the first nomination.
In my 35 years in the Nigeria’s Foreign Service, I only have recollections of two occasions when our Ambassadorial- nominees were rejected. One was done even before the request for Agrement was lodged and the Government did not bother to send the same person but a different nominee who was speedily accepted.
xviii. Ambassadorial Nominees
Someone whom the President has selected and whose name has been sent to the Senate for screening, but who has not yet been so screened, including by the relevant Security agencies and so confirmed by the Senate in line with the Constitution.
xix. Ambassadors-designate
Someone who has been confirmed by the Senate and appointed by the President, officially named against specific countries, having been accepted by them but yet to present their Letters of Credence to the receiving country(ies). They have the title, but not yet the full powers of the office.
In many countries, newly-arrived Ambassadors cannot function or operate in their host countries until or unless their Letters of Credence have been officially presented to their host Sovereigns. Upon arrival in the capitals of host country, a copy of these Letters, called Copie d’Usage, are deposited with the Chief of Protocol in the Ministry of Foreign Affairs. In some others, they can operate once the Chief of Protocol has received these copies. Seniority and Order of Precedence of the Diplomatic Corps is determined by the date of arrival and presentation of the Copie d’Usage to the host Ministry of Foreign Affairs as herein described. In Nigeria, the official practice, until recently is the former, although some missions have been known to breach this protocol. This practice is currently undergoing an active review.
TYPES OF DIPLOMATIC CORRESPONDENCE AMONG RESIDENT DIPLOMATIC AND CONSULAR CORPS
The following represents the hierarchy of importance of diplomatic correspondence between and among States, excluding Despatches and other Reports from Ambassadors to their capitals back at home:
i. Direct correspondence between two Heads of State.
ii. A Note
iii. A Note Verbale
iv. An Aide Memoire and
v. A Bout de Papier or a piece or fragment of paper.
Note: A Note is the most formal diplomatic correspondence and can only issue from the Head of Mission to the Foreign Minister, or vice versa. A Note is only invoked and used in matters of very great consequence. It takes the form of “My dear Ambassador/My dear Minister” It is usually addressed in the first person singular mode. A Note may only issue under the hand of the Foreign Minister or Head of Mission himself. Such Notes should be personally signed by the official concerned, rather than on his behalf. In exceptional circumstances where this form of correspondence is used by anyone else, it must be clearly signed for either of the two persons entitled to use it; otherwise it is a breach of diplomatic practice. Whether it is Note or formal letters, ending them with “Please accept the assurances of my highest consideration or esteem is fine but do not add “Yours Sincerely” again as it is tautological to do so.
A Note Verbale: A Note Verbale is used for formal correspondence between Missions and from Missions to the Foreign Office and vice versa. It is usually used to convey views, decisions, requests, protests, acceptances etc. A Note Verbale is always composed in the third person form, either singular or plural, throughout and is specially numbered. It carries no signature but initialed by the author over the official stamp of the Mission or Ministry of Foreign Affairs issuing it.It is therefore wrong for MDAs in Nigeria to start their correspondence by presenting their compliments as many usually do.
An Aide Memoire: This is a less formal type of Note Verbale. The distinguishing aspect of an Aide Memoire is that no compliments are presented at the beginning and does not have an end that “renews the assurances of highest consideration”. It is more commonly used in presenting views or fresh representations on a matter, which needs reference to previous facts. Consequently, an Aide Memoire is usually in the form of a summary or what may have been discussed or presented. An Aide Memoire can also be used in presenting a mild protest. If no satisfactory result is obtained, the Aide Memoire can then be up-graded to a Note Verbale. An Aide Memoire, like a Note Verbale is composed in the third person form and is headed “Aide Memoire”.
The Bout de Papier or piece or fragment of paper is the least formal diplomatic correspondence. It is neither numbered nor dated. It is not addressed to anyone in particular, and it merely sets out facts. It sets out no views, decisions, or representations. It is, however, mainly used to bring facts to the notice of a Mission or Foreign Office. The issuing office is printed at the tail end to show the office of issue.
Demi – Official Letter:
The Demi-official letter is used very frequently in the form of person – to – person letter, as well as in private correspondence. The addressee is usually shown as the bottom left hand corner. Non-waiver of immunity for erring Nigerian diplomats abroad; but for them to be recalled home to face punishment
If a Nigerian diplomat is accused of committing a crime abroad, or is declared persona non grata (PNG); no longer acceptable because of acts personal indiscretion or serious acts of misconduct or criminality incompatible with the diplomatic status), Government generally refuses to waive their immunity for such erring diplomats to be prosecuted let alone convicted. This is a matter of Nigeria’s diplomatic policy and practice. Diplomats can also be declared PNG to demonstrate strong displeasure with a particular action of the receiving State or as an act or reciprocity. Nigerian diplomats declared PNG are often speedily recalled to Abuja, although not many cases have occurred in the past. They are then disciplined in line with extant Foreign Service Regulations, Public Service Rules or prosecuted under Nigerian law. It needs to be said that the Nigerian Foreign Service maintains the highest level of discipline; with zero tolerance of acts capable of bringing Nigeria into disrepute. This is to protect the dignity of the Nigerian State and its institutions.
Similarly, the Nigerian Government has an obligation to recall any of its diplomats declared PNG, not matter the circumstances as we cannot force any country to accept our diplomats if such envoys are no longer welcome in their shores. Many Nigerian diplomats have been expelled under these circumstances, while the Nigerian government has also done the same; usually quietly.
Non appointment and use of Honorary Consuls abroad, interns, and NYSC Corps members:
Nigeria’s Ministry of Foreign Affairs (MFA) has a strict policy against using “non-professionals” for sensitive diplomatic work.
• Honorary Consuls: Unlike some countries that hire local businessmen to represent them, Nigeria does not use Honorary Consuls anywhere in the world. It prefers Career and Non-Career Ambassadors/High Commissioners and professional diplomats.
• NYSC/Interns: Due to the high level security nature of diplomatic correspondence in cables, reports and intelligence analysis, Nigeria does not accept NYSC members or Interns to its foreign missions and the Ministry headquarters in Abuja.
DEFINITION OF COMMON DIPLOMATIC TERMS IN USE
CHARGE D’ AFFAIRES, ad interim (CDA ai) (French)
The ranking member of the diplomatic staff of a Mission who acts as Head of Mission during the latter’s temporary absence or indisposition or in the interval between the appoint