The thing is, Latin American Countrys follow the Caracas Convention instead of the Vienna Convention of 1961
Vienna Convention on Diplomatic Relations
Vienna on 18 April 1961
Article 41 :
1.Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such
privileges 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.
2.All official business with the receiving State entrusted to the mission by the sending State shall
be conducted with or through the Ministry for Foreign Affairs of the receiving State or such other
ministry as may be agreed.
3.
The premises of the mission must not be used in any manner incompatible with the functions of
the mission as laid down in the present Convention or by other rules of general international law or by
any special agreements in force between the sending and the receiving State.
UN Report :
http://www.unhcr.org/refworld/type,LEGH ... ee0,0.html
ECUADOR
Ecuador, together with other Latin American countries, supported the inclusion of the item on diplomatic asylum in the provisional agenda for the thirtieth session of the General Assembly, in the belief that it would be advisable to conclude a general international agreement on the principles that should govern diplomatic asylum.
Although the institution of diplomatic asylum is all too well known in Latin America, it is well worth studying the possibility of broadening its scope to make it universal. Consequently, Ecuador’s views may be summed up as follows:
Diplomatic asylum has a long history in Latin America and has at all times received the whole-hearted support of Ecuador, which has consistently upheld the principle complying with the positive rules laid down in treaties conventions as well as taking account of customary practice. In addition, it has concluded various bilateral agreements with other States.
The Latin American precedents must inevitably be taken into consideration in connexion with any multilateral convention concluded under the auspices of the United Nations. Ecuador considers that a universal convention should embody such principles as Latin American theory and practice have shown to be essential for the observance and effectiveness of diplomatic asylum.
It thus considers that such a convention must necessarily make provision for:
(a)
The principle that asylum should be granted exclusively for the protection of persons who are being sought for political reasons or for political offences;
(b) The right of every State to grant or refuse diplomatic asylum;
(c) The principle that it shall rest with the State granting asylum to determine the nature of the offence or the motives for the persecution;
(d)
The principle that persons granted asylum shall be prohibited from engaging in acts contrary to the public peace or interfering in the internal politics of the territorial State or the State granting asylum;
(e) The principle that the granting of asylum shall not be subject to reciprocity;
(f) A declaration to the effect that the State granting asylum is not required to settle the person granted asylum in its territory; and
(g) The principle that the State granting asylum should be the one to decide on the urgency of the asylum requested.
Besides the points noted above, consideration should also be given to the other supplementary provisions contained in the Caracas Convention of 1954, which is in force in the Latin American world.
EXTRA Reading :
http://www.bbc.co.uk/news/uk-18521881
