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LYCEUM OF THE PHILIPPINES

UNIVERSITY – CAVITE

A COMPILATION OF READINGS FOR


DIPLOMATIC PRACTICES AND PROCEDURES

A Project Submitted to
Mr. Antonio Donguines

In Partial Fulfillment
of the requirements for DPPN10F

Nica Cola A. Jimenez


Bachelor of Arts in Foreign Service

May 2019
TABLE OF CONTENTS

Diplomacy……………………………………………………………………………………. 1
Nature and Purpose of Diplomacy …………………………………………………………... 1

Types of Diplomacy
Politics of pacification………………………………………………………………………... 2
Gunboat diplomacy…………………………………………………………………………… 2
Dollar Diplomacy……………………………………………………………………………... 2
Public Diplomacy………………………………………………………………………………3
People’s Diplomacy…………………………………………………………………………… 3
Digital Diplomacy…………………………………………………………………………….. 3

Historical Background of DFA……………………………………………………………….. 4


Organizational Chart of DFA…………………………………………………………………. 7
Diplomacy in International Relations………………………………………………………… 8
Diplomatic Immunity…………………………………………………………………………. 8
Philippine Foreign Policy……………………………………………………………………... 9
Vienna Convention 1961……………………………………………………………………… 10

References…………………………………………………………………………………….. 28
Diplomacy, the established method of influencing the decisions and behavior of foreign governments
and peoples through dialogue, negotiation, and other measures short of war or violence. Modern
diplomatic practices are a product of the post-Renaissance European state system. Historically,
diplomacy meant the conduct of official (usually bilateral) relations between sovereign states. By the
20th century, however, the diplomatic practices pioneered in Europe had been adopted throughout the
world, and diplomacy had expanded to cover summit meetings and other international conferences,
parliamentary diplomacy, the international activities of supranational and subnational entities, unofficial
diplomacy by nongovernmental elements, and the work of international civil servants.

Nature and Purpose

Diplomacy is often confused with foreign policy, but the terms are not synonymous. Diplomacy is the
chief, but not the only, instrument of foreign policy, which is set by political leaders, though diplomats
(in addition to military and intelligence officers) may advise them. Foreign policy establishes goals,
prescribes strategies, and sets the broad tactics to be used in their accomplishment. It may employ secret
agents, subversion, war, or other forms of violence as well as diplomacy to achieve its objectives.
Diplomacy is the principal substitute for the use of force or underhanded means in statecraft; it is how
comprehensive national power is applied to the peaceful adjustment of differences between states. It
may be coercive (i.e., backed by the threat to apply punitive measures or to use force) but is overtly
nonviolent. Its primary tools are international dialogue and negotiation, primarily conducted by
accredited envoys (a term derived from the French envoyé, meaning “one who is sent”) and other
political leaders. Unlike foreign policy, which generally is enunciated publicly, most diplomacy is
conducted in confidence, though both the fact that it is in progress and its results are almost always
made public in contemporary international relations.

The purpose of foreign policy is to further a state’s interests, which are derived from geography, history,
economics, and the distribution of international power. Safeguarding national independence, security,
and integrity—territorial, political, economic, and moral—is viewed as a country’s primary obligation,
followed by preserving a wide freedom of action for the state. The political leaders, traditionally of
sovereign states, who devise foreign policy pursue what they perceive to be the national interest,
adjusting national policies to changes in external conditions and technology. Primary responsibility for
supervising the execution of policy may lie with the head of state or government, a cabinet or a
nominally nongovernmental collective leadership, the staff of the country’s leader, or a minister who
presides over the foreign ministry, directs policy execution, supervises the ministry’s officials, and
instructs the country’s diplomats abroad.
The purpose of diplomacy is to strengthen the state, nation, or organization it serves in relation to others
by advancing the interests in its charge. To this end, diplomatic activity endeavours to maximize a
group’s advantages without the risk and expense of using force and preferably without causing
resentment. It habitually, but not invariably, strives to preserve peace; diplomacy is strongly inclined
toward negotiation to achieve agreements and resolve issues between states. Even in times of peace,
diplomacy may involve coercive threats of economic or other punitive measures or demonstrations of
the capability to impose unilateral solutions to disputes by the application of military power. However,
diplomacy normally seeks to develop goodwill toward the state it represents, nurturing relations with
foreign states and peoples that will ensure their cooperation or—failing that—their neutrality.

When diplomacy fails, war may ensue; however, diplomacy is useful even during war. It conducts the
passages from protest to menace, dialogue to negotiation, ultimatum to reprisal, and war to peace and
reconciliation with other states. Diplomacy builds and tends the coalitions that deter or make war. It
disrupts the alliances of enemies and sustains the passivity of potentially hostile powers. It contrives
war’s termination, and it forms, strengthens, and sustains the peace that follows conflict. Over the long
term, diplomacy strives to build an international order conducive to the nonviolent resolution of disputes
and expanded cooperation between states.

Types (forms) of diplomacy

1. Politics of pacification the essence of this type of diplomacy is pacification, that is, unwillingness
to aggravate or incite contradictions that exist between countries. This kind presupposes various
concessions for opposite sides on insignificant, unimportant issues. The most often seen examples of
this diplomacy is that of England and France on the eve of World War II, when they tried to resist
aggressive aspirations of Hitler.

2. Gunboat diplomacy the essence of gunboat diplomacy consists in demonstrating strength to achieve
foreign policy goals. This type got its name from the word "gunboat" - a small ship with a serious
artillery armament. The basis of gunboat diplomacy is full recognition of the legitimacy of using
military force to achieve goals of foreign policy. Unlike classic policies with its complex games, all
sorts of unions, principles and relations with those who are unlikely to inflict damage are simple and
primitive.

3. Dollar diplomacy this type of diplomacy involves the use of economic methods (for example, loans)
to achieve state's goals. It is the economic enslavement of the small states and submission to the
domination of large foreign banks and the industrial companies. In this case, dollars literally act as
bullets or weapons in the hands of diplomats.
4. Public diplomacy Public diplomacy differs from traditional diplomacy, which is carried out by
people with a special profession (diplomats, politicians). Public diplomacy is a means by which the
government of one country tries to influence the society of another country. It is the ability to achieve
goals through attractive offers, rather than bribery and coercion. When we tell other states and societies
of our values, we shouldn't do this in a short-term mode. Instruments of public diplomacy must be
tailored to specific tasks. Foreign broadcasting is also suitable for foreign policies, and countries can
arrange talks about their cultures, exhibitions and tours. To understand the culture of another country
there is need to communicate with its inhabitants, for example, through education. Values are also
spread through educational exchanges; this is how state branding is carried out.

5. People's diplomacy People's diplomacy in a broad sense of the word means a historically continuous
process of communication, mutual knowledge, influence and enrichment of cultures and people. 6.
Intermediary diplomacy Intermediary diplomacy is one of the means for peaceful settlement of disputes
between states through a series of negotiations with the participation of a third state, on the basis of
conditions advanced by it. 7. Economic diplomacy Economic diplomacy is a specific area of modern
diplomatic activity connected with the use of economic problems as an object, means of struggle,
cooperation in international relations. It presupposes diplomatic service activities focused on increasing
exports, attracting foreign investment and participation in work of international economic organizations,
that is, actions focused on reaffirming a country's economic interest at international level.

8. Digital (electronic) diplomacy it is the use of the Internet, information and communication
technologies for solving diplomatic problems. In the framework of digital diplomacy, new media, social
networks, blogs and similar global media platforms are used. The main goals of digital diplomacy are
the promotion of foreign policy interests and information propaganda via the Internet.
HISTORICAL BACKGROUND OF DFA

The history of the Republic of the Philippines and that of the Department of Foreign Affairs (DFA) are
intertwined. The important events marking the passage of the years at the Department are also
milestones in the rise of the Philippines as an independent nation.

Over one hundred years ago, the DFA had its auspicious beginnings when President Emilio Aguinaldo
appointed Apolinario Mabini as the Republic's first Secretary of Foreign Affairs on 23 June 1898, eleven
days after the declaration of Philippine independence at Kawit, Cavite. The DFA was among the first
government departments created following the establishment of the First Philippine Republic.
Realizing the need for international recognition of the new government, Aguinaldo assigned Mabini the
difficult task of establishing diplomatic relations with friendly countries. Members of the Hong Kong
Junta, a group of Filipino exiles in Hong Kong, served as the country's envoys for this purpose.

The Philippines underwent colonial rule under the United States from 1898 to 1946, and Japanese
occupation from 1942 to 1944. The country regained independence, including full control of foreign
affairs and diplomatic matters, on 4 July 1946. Commonwealth Act No. 732 was passed creating the
Department of Foreign Affairs. Shortly thereafter, President Manuel Roxas issued on September 16
of that year Executive Order No. 18 providing for the organization and operation of the DFA and the
Foreign Service. The main tasks of the DFA then were to assist in post-war rehabilitation, formulate
policies for investment promotion, and establish diplomatic relations with other countries.

The DFA led in the conclusion of the RP-U.S. Mutual Defense Treaty, as well as in the Laurel-Langley
Agreement, thus paving the way for a balanced yet robust trade and military relations with the United
States.

The DFA had a heyday during the post-war years, with its increased participation in the international
arena. It became a founding member of the United Nations and one of the drafters of the Universal
Declaration of Human Rights. It helped forge the General Agreement on Tariffs and Trade (GATT).
The country was also an early proponent of decolonization and global disarmament. The Philippines'
dynamic participation in global matters culminated in Carlos P. Romulo's election as the first Asian
President of the UN General Assembly in 1952. At that time, the international environment began to
change, requiring that new thrusts and priorities in Philippine foreign policy be determined. During
the Cold War era, against the backdrop of the Korean War and rising communism in China, the
Philippines pursued an increasing internationalist foreign policy.

Realizing the importance of foreign relations, President Elpidio Quirino in June 1952 pushed for the
passage of the Foreign Service Act of 1952, embodied in Republic Act No. 708. During the post-war
period, the DFA focused on institution building, closer engagement with Asian neighbors, and
increasing Philippine global linkages. When he became Undersecretary of Foreign Affairs under the
Magsaysay Administration, Raul S. Manglapus instituted the Foreign Service Officers’ Examinations
to professionalize the foreign service and to upgrade the recruitment and selection of new foreign
service officers.
The Marcos years, from 1965 to 1986, were marked by policy innovations and then difficulties brought
about by the excesses of the martial law regime. President Ferdinand Marcos redefined foreign policy
as the safeguarding of territorial integrity and national dignity, and emphasized increased regional
cooperation and collaboration. He stressed "Asianness" and pursued a policy of constructive unity
and co-existence with other Asian states, regardless of ideological persuasion. In 1967, the Philippines
launched a new initiative to form a regional association with other Southeast Asian countries called the
Association of Southeast Asian Nations (ASEAN). The Philippines also normalized economic and
diplomatic ties with China and the USSR, which President Marcos visited in 1975 and 1976,
respectively. The Philippines also opened embassies in the eastern bloc countries, as well as a separate
mission to the European Common Market in Brussels.

Throughout the 1970s, the DFA pursued the promotion of trade and investments, played an active role
in hosting international meetings, and participated in the meetings of the Non-Aligned Movement.
The Foreign Service Institute was created in 1976 to provide in-house training to Foreign Service
personnel.

The EDSA Revolution in 1986 saw the re-establishment of a democratic government under President
Corazon Aquino. During this period, the DFA once again pursued development diplomacy, in the
active pursuit of opportunities abroad in the vital areas of trade, investment, finance, technology and
aid. The Philippines became one of the founding members of the Asia-Pacific Economic Cooperation
(APEC) in November 1989, and an active player in regional efforts to establish the ASEAN Free Trade
Area. In the 1990s, more diplomatic missions were established in the Middle East to improve existing
ties with Arab states and to respond to the growing needs of Overseas Filipino workers in the region.

In 1991, heeding the growing nationalist sentiments among the public, the Philippine Senate voted
against the extension of the RP-U.S. Military Bases Agreement, thus putting to a close the decades-old
presence of the U.S. military at Subic Bay and Clark Field. Also in 1991, President Aquino signed
into law the new Foreign Service Act of 1991 (R.A. 7157), which reorganized the Department along
geographic lines and strengthened the Foreign Service. It instituted a Career Minister Eligibility
Examination as a requirement for promotion of senior FSOs to the rank of Career Ministers, thereby
ensuring the professional selection of those who would eventually rise to the level of career ambassadors.

The Ramos administration from July 1992 to June 1998 defined the four core priorities of Philippine
foreign policy namely: the enhancement of national security, promotion of economic diplomacy,
protection of overseas Filipino workers and Filipino nationals abroad, and the projection of a good
image of the country abroad.

President Ramos boosted foreign trade, investments and official development assistance to the
Philippines through his state visits and summit meetings. In 1996, the Philippines successfully hosted
the APEC Leaders' Summit, which resulted in the Manila Action Plan for APEC 1996 (MAPA '96).

The Migrant Workers and Overseas Filipinos Act of 1995 (R.A. 8042) provided a framework for
stronger protection of Filipino workers abroad, with the creation of the Legal Assistance Fund and the
Assistance-to-Nationals Fund, and the designation in the DFA of a Legal Assistant for Migrant Workers'
Affairs, with the rank of Undersecretary of Foreign Affairs.

Among the other significant events in foreign affairs during the Ramos years were: the adoption by
ASEAN in 1992, upon Philippine initiative, of the Declaration on the Conduct of Parties in the South
China Sea aimed at confidence-building and avoidance of conflict among claimant states; the
establishment of the Brunei, Indonesia, Malaysia, and Philippines (BIMP)-East Asia Growth area in
1994; the establishment of the ASEAN Regional Forum (ARF) in 1994 as the only multilateral security
dialogue in the Asia-Pacific region conducted at the government level; and the signing between the
Philippine Government and the Moro National Liberation Front on 2 September 1996 of the Mindanao
Peace Agreement.

The DFA, during the Estrada administration, hosted the ASEAN Ministerial Meeting in July 1998, and
undertook confidence-building measures with China over the South China Sea issue. President
Estrada strengthened bilateral ties with neighboring countries with visits to Vietnam, Thailand,
Malaysia, Singapore, Japan and South Korea. The DFA played a major role in the forging of a Visiting
Forces Agreement with the United States, which was concurred in the Senate in 1999. The country
also sent a delegation of 108 observers to the Indonesian parliamentary elections, and engaged in
cooperative activities in the areas of security, defense, combating transnational crimes, economy, culture,
and the protection of OFWs and Filipinos abroad.

At the start of its administration in 2001, President Gloria Macapagal Arroyo pursued foreign policy
based on nine realities: (see Philippine Foreign Policy).

Ø First, the dynamics of relations between China, Japan and the United States determine the security
situation and economic evolution of East Asia.

Ø Second, Philippine foreign policy decisions are, increasingly, being made in the context of the
Association of Southeast Asian Nations (ASEAN).

Ø Third, Europe will continue to play a significant role in promoting international prosperity and
stability.

Ø Fourth, the international Islamic community remains crucial to the country's search for lasting and
permanent peace in Mindanao.

Ø Fifth, inter-regional organizations will become increasingly influential in the global context.

Ø Sixth, the protection of the environment, natural resources and maritime territory.

Ø Seventh, the drive for foreign markets and foreign direct investments will form a focal concern of
economic diplomacy efforts.

Ø Eighth, international tourism will be a major driver of national growth.

Ø Ninth, overseas Filipinos play a critical role in the country's economic and social stability.
Organizational Chart of DFA

Diplomacy in International Relations

Diplomacy in international relations is the daily interaction between states often through the use of
negotiations and discussions. International diplomacy takes place in the world system, and through a
number of events, conversations, communications, etc.…. International diplomats speak in person,
through electronic communications, as well as representatives. Many times these meetings are public
and private. They can be held in the country of the head, international organizations like the United
Nations or elsewhere. In fact, work on the problems through negotiations is an important element of
diplomacy and international relations. Often leaders may disagree on trade policy, foreign policy, or
other issues of importance to them. Diplomacy is often encouraged instead of using violence to settle
the dispute.

Diplomatic immunity

is a principle of international law by which certain foreign government officials are not subject to the
jurisdiction of local courts and other authorities. The concept of immunity began with ancient tribes.
In order to exchange information, messengers were allowed to travel from tribe to tribe without fear
of harm. They were protected even when they brought bad news. Today, immunity protects the
channels of diplomatic communication by exempting diplomats from local jurisdiction so that they
can perform their duties with freedom, independence, and security. Diplomatic immunity is not meant
to benefit individuals personally; it is meant to ensure that foreign officials can do their jobs. Under
the concept of reciprocity, diplomats assigned to any country in the world benefit equally from
diplomatic immunity.

The Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular
Relations of 1963 codified most modern diplomatic and consular practices, including diplomatic
immunity. More than 160 nations are parties to these treaties. The conventions provide immunity to
persons according to their rank in a diplomatic mission or consular post and according to the need for
immunity in performing their duties. For example, diplomatic agents and members of their immediate
families are immune from all criminal prosecution and most civil law suits. Administrative and
technical staff members of embassies have a lower level of immunity. Consular officers serving in
consulates throughout the country have an even lower level of immunity. Members of an embassy's
service staff and consular employees are immune only for acts performed as part of their official
duties

It is true that diplomats are exempt from the criminal, civil and administrative jurisdiction of the host
country. However, this exemption may be waived by their home country. Moreover, the immunity of a
diplomat from the jurisdiction of the host country does not exempt him/her from the jurisdiction of
his/her home country.

It is also within the discretion of the host country to declare any member of the diplomatic staff of a
mission persona non grata (or unwanted person). This may be done at any time and there is no
obligation to explain such a decision. In these situations, the home country, as a rule, would recall the
person or terminate his/her function with the mission.

The Vienna Convention provides for specific measures that can be taken by both the home and host
countries in cases of misuse or abuse of diplomatic privileges and immunities. On the whole,
diplomatic privileges and immunities have served as efficient tools facilitating relations between
States. No UN Member State has so far proposed rescinding the Convention or re-writing its
provisions.

Diplomatic privileges and immunities guarantee that diplomatic agents or members of their immediate
family:

May not be arrested or detained


May not have their residences entered and searched
May not be subpoenaed as witnesses
May not be prosecuted

PHILIPPINE FOREIGN POLICY

The most important provisions of the 1987 Philippine Constitution which pertain to the framing of
Philippine foreign policy are as follows:

Article II, Section 2: "The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and adheres to the
policy of peace, equality, justice."

Article II, Section 7: "The State shall pursue an independent foreign policy. In its relations with other
states the paramount consideration shall be national sovereignty, territorial integrity, national interest,
and the right to self-determination."

Republic Act No. 7157, otherwise known as "Philippine Foreign Service Act of 1991", gives mandate
to the Department of Foreign Affairs to implement the three (3) pillars of the Philippine Foreign
Policy, as follows:

1. Preservation and enhancement of national security

2. Promotion and attainment of economic security

3. Protection of the rights and promotion of the welfare and interest of Filipinos overseas.

These pillars overlap and cannot be considered apart from each other. Together with the eight (8)
foreign policy realities outlined by the President, they reinforce each other and must be addressed as
one whole.

These eight foreign policy realities are:

· China, Japan and the United States and their relationship will be a determining influence in the
security situation and economic evolution of East Asia;
· Philippine foreign policy decisions have to be made in the context of ASEAN;

· The international Islamic community will continue to be important for the Philippines;

· The coming years will see the growing importance of multilateral and inter-regional organizations to
promote common interests;

· As an archipelagic state, the defense of the nation's sovereignty and the protection of its environment
and natural resources can be carried out only to the extent that it asserts its rights over the maritime
territory and gets others to respect those rights;

· The country's economic policy will continue to be friendly to both domestic and foreign direct
investments;

· The Philippines can benefit most quickly from international tourism

· Overseas Filipinos will continue to be recognized for their critical role in the country's economic and
social stability.
References:

Marks, S., Freeman, C. (2019). Diplomacy. Retrieved from


https://www.britannica.com/topic/diplomacy

Ikande, M. (2018). Types of Diplomacy. Retrieved from https://www.legit.ng/1131145-types-


diplomacy-international-relations.html

Diplomacy in International Organization (2019). Retrieved from


https://internationalrelations.org/diplomacy-in-international-relations/

Diplomatic Immunity (2016). Retrieved from


http://www.ediplomat.com/nd/diplomatic_immunity.htm

Philippine Foreign Policy. Retrieved from https://dfa.gov.ph/80-transparency-category/75-philippine-


foreign-policy

Vienna Convention 1961. Retrieved from


https://treaties.un.org/doc/publication/unts/volume%201155/volume-1155-i-18232-english.pdf

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