The word Consul derives from the
Latin "Consulere," which means to advise, or to attend. The
consulate is an institution that even claims its own Roman god:
"Consus," God of the counselors, is said to bestow his protective
divinity on the consulate.
Originally, among the Romans, the word
"Consul” applied to high-ranking judges whose authority came to
replace that of the kings when the Republic of Rome was
inaugurated. In the
provinces such judges received the designation of “Pro-consul.”
During the first two centuries of the Roman
Empire, consuls presided over the Senate with substantial powers.
Over time, however, the consulate became a more honorary or
ceremonial title. Roman
Emperors used to distinguish their favorites by appointing them
consuls, which soon came to be the denomination of a high social
class.
From the time of Caesar, the term Consul
fell into disuse. And it is from the epoch of Justinian that the
Consul comes to be more of an ambassador. In France, when Napoleon
Bonaparte dissolved the Parliament, the Consul reappeared as an
administrative and political institution.
The consular function has been in
existence for a long time.
Some institutions of the past, such as the Pretor Wandering, the Talonarii, Echevines, Prebostes, Bailios, and
Aldermen, among others, were analogous in their functions
to consulates, including those performed by honorary consuls. But,
no historic linkage exists among them.
Recently, the consular institution has
evolved. The general intensification of international diplomacy has
once again made the consul an essential figure, and at the same time
has caused the role of the consulate to become more regulated and
standardized. This
evolution has led to the inclusion of consular clauses in treaties
of trade, commerce, navigation, peace and cooperation, and travel,
among others. Many
international agreements today include bilateral consular
covenants.
One only needs to look
at the many international conferences and treaties that have
revolved around the importance of consulates to see how the consul’s
role has evolved: the
Lima convention of 1848; the Caracas Agreement on Consuls of July
18th, 1911; the Convention on Consular Agents of Havana
dated the 20th of February, 1928; the European Covenant
on Consular Functions of December 11, 1967, and especially the
Vienna Convention on Consular Relations dated April 24, 1963.
The Vienna Convention on Consular
Relations, though it remains controversial today, recognized that
honorary consuls, which had been extensively utilized in the past,
constituted an efficient instrument in the maintenance of
international relations. Therefore, honorary consuls exist in almost
every country in the world, including the United
States.
For a large number of
nations, it is of great benefit to appoint either nationals or
foreign persons as honorary consuls. Those appointed are usually
known for their honor and prestige, in many cases occupying a
distinguished position in commerce, industry, or financial services
in the local community where they are appointed. Such honorary
consuls are known for their ability to maintain good relations with
the authorities of the region in which they serve, because those
qualities guarantee the performance of the charge with dignity and
capacity.
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The Vienna Convention gives a
facultative character to the honorary consular institution. The
Vienna Convention states in article 68 that “every State will be
able to freely decide if it should name or receive honorary consular
officials.” The
Convention does not define the honorary consul. It is assumed that
the character of a honorary consul should be interpreted according
to tradition, and that being under the service of a diplomatic
mission or general consulate, their action is of limited character,
because their functions are delegated by the diplomatic officials or
career consuls. Such functions can be expanded or reduced according
to the needs of service.
Honorary consuls are not public
officials, nor are they paid for their consular services. Therefore,
honorary consuls can work in any profession or be dedicated to any
industrial, commercial or financial activity in the country in which
they reside.
The honorary consul is not a
beneficiary of the diplomatic immunities and prerogatives that the
career diplomat benefits from. Thus, the honorary consul does not
enjoy immunity from arrest or from preventive detention, not even
for crimes that are not considered serious; not are they exempt from
other obligations they might have as residents of the countries in
which they serve. Taking into consideration that it is a function of
the consul to promote friendly relations between their nations, they
must respect the laws and regulations of the receiver state. It is
only natural that the state that has appointed the honorary consul
would find it essential to respect the authorities, laws and
regulations of the Receiver State.