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ANNEX B to
Circular '0' 116/81 Home 'B' 61/81
CHAPTER 11
RECOGNITION AND CONTACT WITH REPRESENTATIVES OF STATES AND OTHER ENTITIES WITH WHICH HMG IS NOT IN NORMAL RELATIONS
11.1
INTRODUCTION
This Chapter ives general guidance on contact with representatives of States and other entities with which HMG are not in normal diplomatic relations. These guidelines are based on the political, and in some ases the legal, necessity of avoiding inadvertent action which could give a false impression about HMG's position. The types of entity concerned include:
"States" whose existence as such is not recognised by HMG (eg the South African "homelands" of Transkei, Venda etc);
national liberation movements;
and in the case of recognised States:
new regimes established by unconstitutional means towards which HMG have not yet decided their attitude;
regimes established by unconstitutional means with which HMG have decided not to pursue normal government-to-government dealings, at least for the time being;
States with governments whose standing as such HMG accept, but with which the United Kingdom is not in diplomatic relations.
11.2
11.2.1
DEALINGS WITH NEW REGIMES ESTABLISHED BY UNCONSTITUTIONAL MEANS
Difficulty most frequently arises over the question of contacts with a new regime established by unconstitutional means. In a policy statement made in April 1980, Parliament was told that HMG accord recognition to States, rather than governments, and that:
'. . . we shall continue to decide the nature of our dealings with the new regimes which come to power unconstitutionally in the light of our assessment of whether they are able, of themselves, to exercise eflective control of the territory of the State concerned, and seem likely to continue to do so.'
On the question of how HMG's attitude might be ascertained for the purposes of legal proceedings, it was explained that:
'Wher a new regime comes to power unconstitutionally, our attitude on the question whether it qualifies to be treated as a government will be left to be inferred from the nature of the dealings, if any, which we may have with it, and in particular on whether we are dealing with it on a normal government-to-government basis.'
11.2.2 When unconstitutional changes of government occur, Heads of Mission should report whatever details may be necessary to establish whether the conditions described in para 11.2.1 have been met, consultin, wherever possible their European Community and other leading Western colleagues (See para 11.4). They should, in particular, give their assessment on whether the new regime exercises effective control of itself' and does not, for example, depend for its control on the presence of foreign troops. If they consider the criteria fulfilled, Heads of Mission should also
May 1981
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