By Tabora Bojang
Essa Njie, political science lecturer at the University of the Gambia now studying in the US, has said government’s reference to the principle of extraterritorial jurisdiction under the 1961 Vienna Convention on Diplomatic Relations to justify the issuance of ID Cards to Gambians abroad, is a deliberate attempt to divert citizens attention from the controversial policy.
The Ministry of Interior defended the policy saying under the Vienna Convention, Gambia retains legal authority to extend public services including the issuance of national documents to its citizens within the territory of its diplomatic missions and consulates.
However, in a write up shared with The Standard, Njie who lectures diplomacy and foreign policy, argued that the real question Gambians are asking is why issuing of identity cards to Gambians abroad, not on the premises where the documents will be issued.
According to him, neither the 1961 Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations of 1963 made explicit mention of extraterritorial jurisdiction.
However, in the context of extraterritoriality both conventions speak more to diplomatic immunities and not service provisions such as issuance of national identity documents, which the ministry’s statement missed out.
Njie further explained that Article 29 of the Vienna Convention on Diplomatic Relations only guarantees the inviolability of diplomatic agents by protecting them from any form of arrest and detention, with the receiving state having the responsibility to protect them, their freedom, and dignity.
“Similarly, Article 30 only guarantees the inviolability and protection of both the mission premises and the private residences of diplomats, as well as their correspondences and documents,” Njie said.
He argued that while it is natural for diplomatic missions to provide services to their citizens in the host country, this does not necessarily speak to extraterritoriality in the context the ministry attempted to explain.
“No one is questioning the authority of Gambian diplomats to provide services to Gambian citizens in those territories, rather people only question the rationale behind issuing identity cards to Gambians in Mauritania, Gabon, and Togo at a time when Gambians are preparing to elect a president in 2026,” he said.
“While this is more of a partisan political debate, and of course, government reserves the right and responsibility to explain to Gambians the extension of such services to its citizens in Mauritania, Gabon, and Togo, and not India or South Africa or even Senegal, it is important for the ministry to use concepts in their proper context, not to mislead Gambians or deviate from the real question,” Njie concluded.
