The Role of the Honorary Consul in Polish Diplomatic Practice During the Second and Third Republics

https://doi.org/10.63189/TSCP3728

With the dawn of the Industrial Revolution, i.e. the late 18^th and early 19^th centuries, transportation – particularly maritime – and the expansion of the great European colonial empires accelerated rapidly. This dynamic political and economic growth compelled colonial powers to establish a flexible and efficient diplomatic system. During this period, the roles of consuls began to differentiate into career and honorary positions, which was also the case in Poland under King Stanisław August Poniatowski.^[1] The primary distinction between these roles lay in remuneration: a career consul, as a state official, received a salary, whereas an honorary consul served without financial compensation. This principle reflects the Latin civilization tradition in which honor is seen as invaluable, making it inappropriate to attach pecuniary rewards. Honorary consuls, therefore, approached their duties as a secondary, voluntary occupation alongside their primary economic engagements.^[2]

In the 1950s, the UN International Law Commission formalized the distinction between career and honorary consuls, identifying six key differences: remuneration, formal professional training, the consul's citizenship of the country represented, engagement in other gainful employment, and the possession of distinct consular privileges and immunities.^[3] The institution of the honorary consul stands as one of the oldest institutions in public international law.^[4]

The re-establishment of Poland in 1918, achieved through the efforts of several generations of Poles, paved the way for Poland to engage in international relations and foster the dynamic development of the institution of Poland's honorary consuls worldwide. While the number of honorary consulates grew fast, it was initially slower than that of official consulates.^[5] In November 1918, the first draft of the Consular Ordinance was introduced, which included provisions for both career and honorary consuls.^[6] Just months later, in 1919, another draft of the Consular Ordinance was prepared.^[7] On November 18, 1918, circulars of the Ministry of Foreign Affairs set forth the organizational framework for the network of consulates, which included the possibility of putting forward candidates for honorary consul positions.^[8] The first honorary consulates were established in 1918 in Zagreb and Naples.^[9]

Of significant importance was the circular of the Minister of Foreign Affairs of December 10, 1923, which outlined the scope of honorary consuls' activities.^[10] This circular aimed to address doubts and inconsistencies in the operations of honorary consuls before statutory regulations could be introduced. These provisional regulations remained in effect until the enactment of the Act of November 11, 1924, on the Organization of Consulates and the Duties of Consuls.^[11] This law – Poland’s first comprehensive regulation on consular organization after regaining independence – distinguished between career and honorary consuls. In Article 4, it outlined key differences between them: subordination, state office, remuneration, consular expenses, and consular fees. It also limited honorary consul ranks to those of consul and vice-consul. However, the law did not specify the citizenship requirements for honorary consuls. As the network of honorary consulates expanded, the Ministry of Foreign Affairs issued two regulations on February 29, 1936, concerning the organization of the Honorary Consular Service^[12] and a Service Instruction for Honorary Consuls.^[13]

To illustrate the trend, it is worth noting the following data: in 1920, there were 12 honorary consulates^[14]; by 1930, this number had grown to 39^[15]; and by 1939, it had reached 141.^[16] Notably, only 28 of these 141 honorary consulates in 1939 (less than 20% of the total number) were located in the Americas, despite the fact that approximately 10 million Poles (60% of the Polish diaspora) resided there. This leads to the conclusion that there was a significant imbalance in the consular network of the Second Republic just before the outbreak of World War II.^[17] However, it was not due to the Polish Foreign Ministry, but rather stemmed from the U.S. State Department's aversion to the institution of the honorary consul.

During World War II, the number of honorary consulates steadily declined: in 1940, there were 123; in 1941 – 87; in 1942 – 82; and from 1943 to 1945 – 78. Despite this sharp decrease, honorary consulates still represented more than 50% of all Polish consular offices operating throughout the war.^[18]

From the period following the withdrawal of recognition of the legal Polish government in London by the Western Allies until the end of the office of the Polish President in exile in 1990, no honorary consulates were in operation. After July 5, 1945, only five representations of the legal Polish government remained: the Polish Embassy to the Holy See, and embassies in Beirut, Madrid, and Havana, as well as the Polish Consulate General in Dublin.^[19] The embassy at the Holy See, headed by Ambassador Kazimierz Papée, continued functioning until 1972.

During the period of Soviet domination after 1944 until the transformation of the communist system in the 1980s, the authorities of communist Poland generally did not appoint their own honorary consuls nor accept foreign ones, with few exceptions. These included the Honorary Consulate in Nice, abolished in 1949, and the honorary consulates of Belgium and Italy in Gdynia, established in 1947 and 1949, respectively.^[20] The Soviet-controlled authorities in Poland disregarded the 1924 law regarding honorary consulates, resulting in their elimination.

The situation shifted with the political and systemic changes of the late 1980s. On April 22, 1986, the Minister of Foreign Affairs of the People's Republic of Poland issued a regulation concerning honorary consuls,^[21] which was based on the Act on the Functions of Consuls of the People's Republic of Poland of February 13, 1984.^[22] The regulation laid the groundwork for essential procedures regarding the function and operation of honorary consulates, including the processes for the appointment of consuls, their prerogatives, and the establishment of consular districts. In 1987, the People's Republic of Poland appointed its first honorary consul in Manila, Fernandino T. Lising, a citizen of the Philippines. Noteworthy statistics reflect the growth in the number of honorary consuls in subsequent years: in 1989, there were six honorary consuls; in 1998 – 97; in 2005 – 173^[23]; and by 2024, the number had risen to 206.^[24]

After 1989, Poland returned to its pre-1939 legacy, wherein the institution of the honorary consul was highly dynamic. Economic factors, intensified international activity, and efforts to reconnect Poland to global relations after the communist period supported this revival. The large Polish diaspora worldwide, eager to serve an independent homeland, further bolstered these efforts. In the 1990s, over 100 Polish honorary consulates were established as a result of increased international activity, a break from the era of communism and Soviet influence, and the drive to elevate Poland's political and economic prestige.^[25]

The honorary consul institution after 1989 took increasingly strong legal and institutional roots. On December 7, 2006, the Minister of Foreign Affairs issued the Regulation on Honorary Consuls of the Republic of Poland.^[26] In 2014, a Constitutional Court ruling^[27] altered the legal framework inherited from the communist period, which led to the adoption of the Consular Law on June 25, 2015.^[28] The newly adopted law, in Articles 120–137, elaborated on Article 5 of the 1984 Act, alongside the previous regulations, detailing the appointment and dismissal procedures for honorary consuls general, consuls, vice consuls, and consular agents. It also outlined their duties, scope of authority, procedures for interactions with consular offices, the costs of their activities, and the circumstances for termination of their service. The law established four classes of honorary consuls: honorary consul general, honorary consul, honorary vice consul, and honorary consular agent. Honorary consuls are appointed by the minister responsible for foreign affairs for a five-year term, following the recommendation of the head of Poland's diplomatic mission in the receiving country. Upon a positive recommendation from the head of the diplomatic mission and the relevant consul, the minister may renew the appointment for another five years or dismiss the honorary consul before the term's end. The minister also designates the honorary consul's seat, consular district, and class, as well as their scope of consular functions. An honorary consul answers to the head of the diplomatic mission and, while performing consular functions, to the appropriate consul. The honorary consul's role ends if the receiving country withdraws consent, upon acceptance of a written resignation by the minister, upon expiration of the appointment term, or by ministerial dismissal.

The honorary consul assists the consul in several tasks: protecting the rights and interests of Poland and its citizens in the receiving country, fostering friendly relations and cooperation between Poland and the receiving country, strengthening ties between Poland and Polish citizens, those of Polish descent, and others who identify with the Polish Nation in the receiving country, as well as promoting and supporting economic, scientific, technical, and cultural exchanges. The honorary consul covers all expenses associated with consular functions and any required public fees imposed by the receiving state.

Honorary consuls play an essential role in advancing Poland's interests abroad. They frequently aid Poles in difficult situations, offering guidance and support on legal and administrative issues. Viewed historically, the honorary consul is a personal embodiment of Poland's sovereignty abroad, and promoting this institution among Polish entities can strengthen cooperation with foreign counterparts. This is clearly illustrated in Polish-Hungarian relations, where there are six Hungarian honorary consulates in Poland and three Polish honorary consulates in Hungary.

^[1] Libera, 1951, p. 13.

^[2] Sutor, 2012, p. 428.

^[3] Staszewski, 1997, pp. 238–239.

^[4] Ehrlich, 1958, p. 38.

^[5] Skóra, 2006, p. 194.

^[6] Sibora, 1998, p. 257.

^[7] Skóra, 2006, p. 860–866.

^[8] Sibora, 1998, p. 257.

^[9] Michowicz, 1995, p. 32.

^[10] Circular of the Minister of Foreign Affairs of December 10, 1923 on the scope of activities of honorary consuls (Official Gazette of the Ministry of Foreign Affairs of 1923, No. 16, item 196).

^[11] Act of November 11, 1924 on the Organization of Consulates and on the Activities of Consuls (Journal of Laws of 1924, No. 103, item 944).

^[12] Organization of the Honorary Consular Service (Journal of Laws of 1936, No. 3, item 22).

^[13] Service Instruction for Honorary Consuls (Official Gazette of the Ministry of Foreign Affairs of 1936, No. 3, item 23).

^[14] Addresses of Polish embassies and consulates – as of January 1, 1920 (Official Gazette of the Ministry of Foreign Affairs, 1920, No. 1).

^[15] Network of Polish consular offices (Official Gazette of the Ministry of Foreign Affairs of 1930, No. 8, item 105).

^[16] Kołodziej, 1994, p. 774.

^[17] Joniec, 1996, p. 20.

^[18] Staszewski, 2015, p. 237.

^[19] Cf. Dworski, 2023.

^[20] Staszewski, 2015, p. 239.

^[21] Regulation of the Minister of Foreign Affairs of April 22, 1986 on Honorary Consuls of the People's Republic of Poland (Monitor Polski of 1986, No. 13, item 93).

^[22] Act of February 13, 1984 on the Functions of Consuls of the People's Republic of Poland (Journal of Laws of the People's Republic of Poland of 1984, No. 9, item 34).

^[23] Staszewski, 2015, pp, 290–296.

^[24] Ministry of Foreign Affairs, 2024. Polskie przedstawicielstwa na świecie. [online] Available at: https://www.gov.pl/web/dyplomacja/polskie-przedstawicielstwa-na-swiecie [accessed on October 28, 2024].

^[25] Trafas, 2014, p. 73.

^[26] Regulation of the Minister of Foreign Affairs of December 7, 2006 on Honorary Consuls of the Republic of Poland (Journal of Laws 2006, no. 239 item 1735).

^[27] Judgment of the Constitutional Tribunal of October 28, 2014, ref. K 8/14 (Journal of Laws of 2014, item 1521).

^[28] Act of June 25, 2015 on the Consular Law (Journal of Laws of 2015, item 1274).

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