By Binta Jarju
Gambian authorities have issued the national diplomatic passport widely known as the ‘red book’ to non-citizens without any justification, with 5,395 unaccounted passports – 1959 Diplomatic passports and 3,436 Service passports, the National Audit Report 2022 revealed.
‘There is a possibility that these passports (5,395) were issued to ineligible applicants in exchange for cash,’ it stated. This investigation explores the lack of regulation in the issuance of a diplomatic passport to non-Gambians which has implications for the country.
Diplomatic passports are typically issued to officials, diplomats, and envoys representing their country abroad. Their issuance is regulated by national governments in line with international practices established under treaties.
Diplomatic passports are an essential tool in carrying out the Vienna Convention’s principles, as they identify individuals entitled to those privileges. The Convention regulates diplomatic engagement, addresses diplomatic privileges, immunities, and the protection of diplomats.
The issuance or regulation of diplomatic passports is regulated and managed by individual governments. Without a structured system to govern who is eligible for a diplomatic passport, the issuance now becomes vulnerable to manipulation and abuse. The misuse or improper issuance of ineligible diplomats undermines the integrity of a state. It allows individuals not engaged in diplomatic work access the passports; when the red book is meant to be reserved for the country’s high-ranking officials and diplomats.
In The Gambia, the red book is being acquired by non-Gambians under murky and illegal circumstances as Malagen reported in its investigation titled: ‘Investors Who Do Not Invest – How They Access State House, Land, Diplomatic Passport and Even Love’.
This kind of situation, where non-Gambians or ineligible Gambians receive diplomatic passports under suspicious situations violates both national regulations and the spirit of international law as outlined in the Vienna Convention.
A discussion with officials at MoFA revealed that Diplomatic status is accorded to non-Gambians as ambassadors-at-large, goodwill ambassadors and honorary consuls. There is a risk that the above holders are accorded diplomatic privileges, without representing the interest of The Government of The Gambia.
Official records and accessible documents reveal that numerous non-Gambians hold these diplomatic credentials, all displaying Gambian nationality on their passports.
The non-Gambians who acquired the red book include foreign businesspersons referred to as Gambian Ambassadors-at-Large. Leading among them is a Cuban national, Dr Enrique Dela Caridad Angulo Borrero. He was born on September 8, 1963, and is an ambassador-at-large on his Gambian diplomatic passport.
Also, another name that surfaced during this investigation is Stephan Karl Morgenstern, a German businessman and a co-founder of the notorious Ponzi scheme FutureNet. Morgenstern holds a Gambian diplomatic passport, numbered D0014194 and issued alongside Ziemian, bestows upon him the same “ambassador at large” despite their limited ties to the Gambia, these diplomatic passports allowed Morgenstern and Ziemian to travel unrestricted across more than 80 countries, according to CoinGeek, allowing their multi-million dollar fraud to flourish unchecked on a global scale.
Born on 7th October 1962, Morgenstern’s diplomatic status seems unusual, as his professional reach spans multiple countries in Europe and not the Gambia. His international dealings, largely outside Gambia, have been overshadowed by his involvement in defrauding consumers of over $30 million according to BehindMLM Report. Morgenstern was initially arrested in Greece in 2022 on an international warrant from South Korea, Morgenstern managed a brief escape to Albania, where he was re-arrested in August 2024. His recent bid for bail on a $20,000 secured bond was denied by the Albanian court, keeping him in custody and likely facing extradition to South Korea.
Further digging revealed more notable individuals who have been granted diplomatic privilege. Anstasiia Ziemian-Hortman, a Ukrainian-born economic adviser, holds a Gambian passport numbered D0016169 and issued on 25th July 2019. Her Gambian diplomatic credentials appear linked to her professional ties with Ziemian and Morgenstern.
Granted the red book too, is Mario Daser, a German boxer and businessman born on 14th November 1988. He is also listed as an ambassador-at-large. His Gambian diplomatic passport numbered D0001423 was issued on July 17, 2019, which grants him the unique diplomatic title.
Swiss citizen Nidal Baumgartner, born in Sirnach TG in 1995, is another name in this network. His Gambian diplomatic passport numbered D0013944, was issued on 19th June 2019. According to Future shakes, Baumgartner manages seven real estates. Despite limited connection to The Gambia, Baumgartner also carries the ambassador-at-large title on his Gambian passport.
An ambassador-at-large is an ambassador tasked with special duties. They are appointed as charged with special duties in the frame of particular important jobs and missions. Most Gambian ambassadors-at-large are appointed to attract investment and tourism for the country as stated in this article reproduced by The Standard.
While it is not uncommon for nations to confer this status on foreign nationals who serve strategic purposes; selling the red book to unscrupulous individuals has implications.
“A passport, be it ordinary or diplomatic, is a national document to be issued to citizens ONLY. A diplomatic passport accords the holder rights and privileges under the Geneva Convention. If these documents are issued to non-citizens and then abused, that could have profound consequences on the integrity of our nation and other holders too. States may not respect the privileges accorded to holders anymore. That will have an impact on national security too,” Lamin S. Camara, a legal expert explained.
The issuance of diplomatic passports is a sensitive matter that should follow strict regulations to preserve the integrity of diplomatic privileges.
Section 4A (1) of the Immigration Act states that “the Director of [Gambia] Immigration [Department] shall be the sole authority for the issue or replacement of a valid passport” Though this section does not explicitly address diplomatic passports, it indicates that the Director of Immigration has the ultimate authority over passport issuance in general, potentially overlapping with the Ministry of Foreign Affairs’ role in diplomatic passports.
But there is no law or regulation on the appointment of ambassadors-at-large in the Gambia. The Gambia Foreign Policy, The Scheme for Service for Foreign Service Cadre, and Gambia Foreign Service Rules that regulate the recruitment and appointment of Gambian diplomats do not have any criteria for the appointment of ambassadors-at-large.
The fact that non-Gambians are holding this document and that their Gambian status is documented highlighted a potential loophole within the Gambian passport issuance system and legal framework. This practice could dilute the value of diplomatic credentials and create an avenue for individuals who do not formally represent Gambian’s national interests to exploit diplomatic privileges.
Lack of guidelines and oversight
The 2022 National Audit Report has brought this to light, revealing a lack of guidelines and oversight, which has created a breeding ground for corruption and exploitation. Although the report does not directly mention financial transactions; it warned of the ‘high risks’ involved, including the potential for national security breaches and ‘damage to Gambia’s diplomatic relations.
“There is no policy or guideline for the issue of Gambian diplomatic passports, protocols at the Ministry of Foreign Affairs are bypassed and approval was sought directly from the Office of the President. The absence of policy guidelines for the issue of Diplomatic and Service passports has led to the serious abuse of the system,” the audit report revealed.
This means that there is an absence of clear rules in the issuance of the diplomatic passport. The red book is issued at the discretion of officials, creating a high risk of misuse. The absence of regulation not only leaves room for administrative errors but has also opened the doors to deliberate exploitation by government officials.
Implications
The implications of this are grave. A diplomatic passport offers a holder numerous privileges, including visa-free travel, protection of communications, and diplomatic immunity, making them highly desirable. By issuing these passports to ineligible non-Gambian individuals, Gambian authorities risk allowing foreign nationals to exploit these privileges for personal gain, possibly even engaging in ‘illegal activities’ under the guise of diplomatic protection.
“The implications are huge. It means such people would be illegally in possession of our national documents. So, it erodes the government’s revenue because they wouldn’t be paying for the residence permits; also, everywhere around the world nationalities enjoy certain privileges. There is no assurance that such people act in the interest of the Gambia,” said Muhammed Lenn, a diplomatic protocols and foreign policy analyst.
He said that providing national documents like ID cards and passports to non-Gambians would open the way for their participation in national politics. The diplomatic protocols and foreign policy analysts warned that a potential danger of granting diplomatic passports to ineligible non-Gambians is ‘putting the country’s image at risk’ because when they commit crimes, it’s attached to the Gambia.
‘In the case of the Gambia, issuing diplomatic passports to ineligible persons is costly. It can subject our diplomats and documents to ridicule, restrictions, searches etc. because it becomes difficult to trust who is the real diplomat and who is not, if anyone can get a diplomatic passport. In other words, it reduces the value of the document and the holder even if he/she is not told,’ he added.
The ineligible holders of diplomatic passports are not only corrupting the image of the country but are also depriving the government of potential revenue from residence permits.
Official records seen by Malagen revealed that just 271 diplomatic passports were in use by the time President Yahya Jammeh was forced out of office in 2017. However, in under seven years of being in office, President Adama Barrow had issued a record number of at least 2000 diplomatic passports.
“The diplomatic passport is approved by the President of the Republic of The Gambia through the Ministry of Foreign Affairs and issued by the Director General of Immigration. The issuance of the ordinary passport is solely a mandate of the Director General of Immigration as encapsulated in the Immigration Act,” Siman Lowe, spokesperson of the Gambia Immigration Departments explained the process.
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Editor’s note: This story is produced with support from the PRJ investigative reporting fellowship, with funding from USG through USAID, and implemented by Freedom House. The content of this report does not in any way reflect the views of the US government, USAID, or Freedom House. It is the sole responsibility of the author and publisher.
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