The Delicate Art of Diplomatic Protection for Citizens Across Borders

  • 23 May 2025
  • 2 Mins Read
  • 〜 by Jewel Tete

The recent detention of Kenyan activist Boniface Mwangi and Ugandan journalist Agather Atuhaire in Tanzania offers a compelling case study in modern diplomatic challenges. The two, along with other Kenyan activists, had travelled to observe court proceedings for Tanzania’s main opposition leader, Tundu Lissu. Their detention and subsequent release following Kenya’s diplomatic intervention highlight the complex balance governments must strike between protecting their citizens abroad and respecting other nations’ sovereignty.

Lissu’s court case has drawn international attention as he faces charges linked to his criticism of Tanzania’s electoral processes. When foreign activists and journalists arrived to observe these proceedings, Tanzanian authorities viewed their presence as unwelcome interference in domestic political matters. This reaction reflects a broader tension in international relations about when cross-border solidarity is perceived as meddling. Kenya’s response to Mwangi’s detention demonstrates the possibilities and limitations of diplomatic intervention. The government wrote a formal protest letter to Tanzania, a measured approach resulting in Mwangi’s release. 

The incident raises fundamental questions about a government’s duty to protect its citizens abroad. As per Article 3 of the UN Charter, a State has the right (and increasingly, an obligation) to exercise diplomatic protection on behalf of its citizens abroad who have suffered harm or human rights violations. This can involve consular assistance, interventions with the host government, or even pursuing legal claims in international courts. However, effective diplomatic protection requires careful calibration. Governments cannot simply demand that other countries release their nationals without considering the broader relationship and the specific circumstances. Heavy-handed approaches can backfire, potentially worsening conditions for detained citizens and damaging critical bilateral ties. The finesse lies in finding methods that are firm enough to be effective yet respectful enough to preserve working relationships.

Kenya’s choice to use formal diplomatic protest rather than public confrontation or private, quiet diplomacy proved effective in this case. A protest letter lets a government clearly state its position and concerns while maintaining official channels and avoiding public escalation. This approach respects the host country’s sovereignty while firmly asserting the rights of detained nationals to fair treatment and due process. The risks of different diplomatic approaches vary significantly. Aggressive public campaigns can sometimes work by creating international pressure, but they can also provoke defensive reactions that make resolution more difficult. Quiet diplomacy preserves relationships but may be seen as a weakness, potentially encouraging future incidents. Complete inaction sends a dangerous message that citizens cannot rely on their government when facing difficulties abroad.

This case illustrates broader principles that apply far beyond East Africa. As global connectivity increases, citizens increasingly engage with political and social issues beyond their borders. Governments worldwide will grapple with similar questions about protecting these citizens while managing complex international relationships. The balance between citizen protection and diplomatic prudence is a delicate aspect of modern statecraft.

Looking forward, such incidents should offer valuable lessons for governments and citizens. Governments can use these experiences to refine their diplomatic approaches and develop more straightforward guidelines for handling citizen detention abroad. Citizens can better understand their rights and their governments’ practical limitations in protecting them during international travel.

The incident underscores the importance of traditional diplomatic tools in an era of social media and instant communication. While public pressure and media attention can play supporting roles, securing citizen protection often happens through established diplomatic channels prioritising relationship preservation and problem-solving. For regional organisations and international observers, this case highlights the need for clearer frameworks governing cross-border political engagement.