Intrigues over missions’ rejection of visa requests by Nigerian officials

BEFORE, a cover note known in diplomatic parlance as note verbale from the Federal Ministry of Foreign Affairs for visa applications was given instant treatment by missions in Nigeria. But now, the situation has changed and concerns have heightened over the way some embassies and high commissions routinely breach this protocol by turning down requests communicated to them by the ministry or its representatives through the customary note verbale.

A note verbale is a means of communication between diplomatic and consular institutions as provided for by both the Vienna Conventions of 1961 and 1963. It stems from the affirmation that an international convention on diplomatic intercourse, privileges and immunities would contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems.

In Nigeria, it is commonly used for visa requests for members of the nation’s diplomatic community and their families, individuals or groups on diplomatic duties.

The person on which, such a letter is written is not expected to attend visa interview.

There are about 98 foreign missions in Nigeria excluding international bodies. Although none of them except the Libyan embassy has reduced its diplomatic footprints in Nigeria lately, and diplomats from the Nigerian side have not been making significant complaints about the matter, The Guardian learnt that the breaches have been producing tensions quietly.

The country’s diplomatic officials accused several embassies including that of the United States (U.S.), the United Kingdom (UK) and even China of the disturbing practice that has led to the denial of visa to some Nigerians even when documents were covered by note verbal. They urged that the government to take reciprocal measures against citizens of countries, whose missions are involved. But because its provisions can be diluted to the level of relations between states, it may in the reckoning of observers, have led to the embarrassing situation in Nigeria where note verbal is sometimes ignored.

For instance, even though from checks, Canada, a leader in the league of nations which calls itself developing partners in Nigeria was not reported to be defaulting by consular officers of the Ministry of Foreign Affairs, some other governments have expressed disappointment over the mission’s inability to defer to note verbale within reasonable time.

Responding to The Guardian enquiry on the matter, the Counsellor of the Canadian High Commission in Nigeria, Christian DesRoches said: “To be honest, allegations that we are not being helpful on diplomatic and official visas come to me as a surprise. To my knowledge, we enjoy an excellent working relationship with the MFA (Ministry of Foreign Affairs) …Obviously, there are things we cannot do, like issue official visas for people who travel for non-official reasons or issue visas on very short notice without a compelling reason to do so, but this policy is on par with what is being done by other missions, including the Nigerian High Commission in Canada…”

But not all the missions were forthcoming with explanations or to put its dealings on the subject matter in the public domain. The British High Commission even considers The Guardian a third party in a matter that is of public concern. David Atile, its Communications Manager, Press and Public said in an e-mail statement: “I have been directed to inform you that the British High Commission does not discuss arrangements made with the MFA with third parties.”

The commission was specifically asked what the ministry, its representatives or individuals concerned are doing wrong in this regard including when and how requests through note verbale may be communicated.

But the German embassy was more forthcoming. Kathrin Kovacic, head, Legal and Consular Section said: “Visa applications that are submitted to the German Embassy together with a note verbale, issued by the ministry are only rejected if they are submitted too late. The proceeding time for Schengen visa is 10 days by law.

“Unfortunately, it happens quite often that the Embassy receives visa applications just a few days before the intended beginning of the trip. In these cases, the applicant either has to shift his or her travel plans to a later beginning or the application cannot be accepted. All other visa applications with note verbale are usually accepted.”

Almost similarly, the U.S. mission in Nigeria maintained that requests covered by note verbale have only been turned down when the Nigerian side has not met certain “agreed requirements.”

Although the U.S. Embassy Public Affairs Communication Officer Sani Mohammed did not elaborate on the agreed requirements. He said: “The U.S. Embassy in Abuja honours all legitimate requests for visas made by the Federal Republic of Nigeria via diplomatic notes, also known as ‘note verbale.’ In some instances, the requests received by the embassy have not met the agreed requirements for diplomatic or official visas. In these cases, the requests are returned to the Ministry of Foreign Affairs with specific instructions on how to re-apply through the appropriate channel.”

But some missions like those of the U.S. and the UK are known by diplomats in the foreign ministry to be classic interpreters or strict sticklers to the provisions compelling positive responses to the visa demands of a note verbale. Yet the diplomatic missions are immune from the Nigerian administrative and legislative regime.

And there appears little that can be done by the Nigerian authorities in this regard. The spokesperson of the ministry, Damian Agu, confirmed this much.

Declining to comment directly on the tension brewed by the poor treatment of note verbale by the missions, Agu said: “It is discretionary. Yes, etiquette demands response by the missions. The Vienna Convention makes it contingent on parties to respond and within a certain time. But it is the level of relations between the countries involved that ultimately decides.”

At the British High Commission and U.S., there are alleged standing orders to screen note verbale applications and double-check on diplomatic passports. The former is due to misuse of the requests for visas while the latter was informed by penchant of militants and foreign spy rings to illegally obtain and use such passports for activities inimical to diplomatic relationship, a source in the American Embassy in Lagos said.

What is worrisome to Nigerian diplomatic officials is that the use of note verbale has been restricted to their children and wards, who are over 18 years.

Even direct family members, who are above 18 years, except spouses, are no longer entitled for note verbale.

A source at the American Embassy in Lagos revealed to The Guardian that a daughter of a member of Nigeria’s diplomatic mission in U.S. was denied visa after sending in note verbale.

It was learnt that the furious father of the young lady sent a petition to Nigeria’s Foreign Affairs in Abuja.

“The matter was looked into and it was discovered that the person concerned was above 18 years and that she was not a member of staff of the Nigerian mission,” the source said.

-Guardian

wp_posts