The Ministry of Foreign Affairs' Global Consular Protection and Service Emergency Call Center (12308 hotline) has officially launched since September 2 of this year, receiving an average of over 200 calls daily, becoming a true "hotline." Whenever the phone rings, the call center staff inevitably feel tense, as it often means that Chinese citizens abroad are facing issues. While the urgency and severity of these issues may vary, what remains constant is the anxiety, confusion, and hope on the other end of the line. To avoid unnecessary troubles, immigration experts at WorldWay explain what issues embassies and consulates can resolve for immigrants?
It is the responsibility of the call center to provide professional guidance to compatriots in distress and coordinate with embassies and consulates to intervene in cases promptly, but this does not mean that consular protection is a panacea. I remember on the day the call center was launched, some netizens cheered: "From now on, I won't be afraid to go abroad; any issues can be resolved by calling this number." Another netizen complained: "Do you think you are calling Superman?" Indeed, the call center is not "Superman," and consular protection is not a magical remedy for all problems.
However, many people still have misconceptions about the scope of consular protection responsibilities.
Some called 12308 claiming that they had entrusted someone abroad to buy a mobile phone, but the person neither sent the phone nor refunded the money, hoping the embassy could help retrieve the funds; others broke down on a highway in the United States, requesting the embassy to provide roadside assistance; some fell ill abroad and asked the embassy to send someone to guide them through the medical procedures; and even others inquired about how to handle an error in their birth date on their ID card... All these clearly exceed the scope of consular protection and assistance provided by embassies and consulates.
This is not surprising, as consular protection work is like "a thousand lines at home, a single needle abroad." Many people assume that in their home country, they can "find the police when in trouble," so abroad, they can certainly "find the embassy when in trouble." In reality, consular protection is also subject to legal and functional limitations; there are some things that cannot be done and some that cannot be provided.
Contents of Consular Protection Work
Tracing back to its origins, the authorization for a country's diplomatic and consular institutions to engage in consular protection in the host country comes from international law. The "Vienna Convention on Consular Relations" stipulates that embassies and consulates may "within the limits permitted by international law, protect the interests of the sending state and its nationals—individuals and legal entities."
Our country has signed bilateral consular treaties with many countries, and some countries' domestic laws also grant embassies and consular officials this authority. From our country's perspective, the consular protection work of embassies and consulates abroad mainly includes three aspects:
First, consular protection. When the legal rights and interests of Chinese citizens abroad are infringed, embassies and consulates can urge local authorities to handle the matter fairly and properly according to the law. For example, on a certain night in September, a girl named Zhang studying in France was robbed and stabbed while returning to school. She reported the incident to the police and informed the Chinese Embassy in France. The embassy contacted the local police, urging them to solve the case as soon as possible and to increase efforts to combat theft and robbery, thereby safeguarding the personal and property safety of Chinese citizens.
Second, consular assistance. For instance, when Chinese citizens encounter financial difficulties abroad, assistance can be provided to contact their relatives in China for support. On a certain day in August, Mr. Li was robbed while traveling in Brazil and was left with no money. The Chinese Embassy in Brazil assisted him in contacting his family in China to wire money, allowing Mr. Li to complete his trip smoothly.
Third, consular services. For example, issuing, replacing, or renewing travel documents, issuing return certificates, notarization and authentication according to the law, recommending lawyers, translators, doctors, and providing relevant consultations, with all associated costs to be borne by the citizen personally.
The aforementioned consular protection and assistance work is protected by relevant laws but is also constrained by international law, bilateral consular treaties, and the laws of the host country.
The Following Are Not Included in Consular Protection Work
First, consular protection cannot "overstep". This means that it cannot provide consular protection and services beyond the laws of the host country.
For example, our embassies and consulates abroad do not have judicial or administrative authority in the host country and cannot arbitrate or forcibly resolve economic disputes between you and others. The 12308 hotline often receives calls asking our embassies and consulates to help recover wages, pursue debts, or seek compensation.
In fact, for these disputes, the parties should negotiate a resolution based on the contract, and if negotiations fail, they can seek legal avenues for resolution. If necessary, embassies and consulates can assist in providing a list of lawyers for selection or attend court hearings. If the parties have conclusive evidence proving they have been treated unfairly by the host country, the embassies and consulates can urge the relevant authorities of that country to handle the matter fairly.
Second, consular protection cannot "shield wrongdoers".
This means that it cannot provide protection for illegal or irregular behavior. For example, someone called 12308 claiming they were detained by local customs in Kenya for carrying ivory out of the country and faced hefty fines or even imprisonment, hoping the embassy would intervene to exempt them from punishment.
Similar cases include Chinese citizens refusing to cooperate with foreign law enforcement agencies in checking passports and visas, arguing with them and demanding embassy intervention; or irrationally storming onto the runway due to flight delays. These behaviors are themselves suspected of being illegal or irregular, and embassies and consulates abroad certainly cannot support them.
Third, consular protection cannot "cure all ills".
Chinese citizens abroad facing difficulties should first "exhaust local resources." This includes two layers of meaning: first, difficulties that can be overcome independently should be overcome independently; second, difficulties that can be resolved with the help of institutions and individuals other than embassies and consulates should be addressed through those channels. Consular protection is a last resort.
For example, if you arrive at the airport and want someone to pick you up, or if you are studying abroad and cannot understand the language in class, or if you want to know travel information, or even if you need to resolve personal emotional issues, these do not fall within the scope of consular protection that 12308 and embassies and consulates can provide.
How to Ensure Your Safety When Traveling Abroad
WorldWay Immigration Agency kindly reminds: Ensuring safety when traveling abroad is primarily the responsibility of the citizens themselves. It is recommended that every citizen traveling abroad should, first, strengthen prevention before departure, fully understand the customs and taboos, climate conditions, security situation, prevalent diseases, laws and regulations of the destination country, and take preventive measures to reasonably avoid risks; second, maintain contact with family during travel and enhance knowledge of self-rescue and emergency response, so that they can respond appropriately when issues arise; third, accurately grasp emergency numbers such as the call center hotline "12308" and correctly understand what consular protection can and cannot do, and make reasonable use of government public resources.
For more immigration information, please inquire: 400-138-2929
