A diplomatic passport is a special type of passport issued to individuals who represent their country abroad in an official diplomatic capacity.
It is typically issued to ambassadors, high-ranking government officials, and in some cases the dependents of those officials.
A diplomatic passport signifies the holder’s role as an official representative of the issuing state, which can enhance the holder’s ability to perform diplomatic duties effectively.
Diplomatic passport holders are usually entitled to diplomatic privileges and immunities under the Vienna Convention on Diplomatic Relations (1961).
For instance, pursuant to Article 31 of the Vienna Convention on Diplomatic Relations (1961) and its Optional Protocols, they enjoy immunity from the criminal jurisdiction of the receiving state, as well as from civil and administrative jurisdiction (subject to certain exceptions such as actions relating to private immovable property or professional activities outside official functions).
They are also exempt from most taxes and duties, as provided in Article 34 of the Convention. Additionally, Article 36(2) of the Convention exempts their personal luggage from inspection, unless there are serious grounds to suspect it contains illicit items.
Beyond these legal immunities, diplomatic passport holders often enjoy practical courtesies in international travel: visa exemptions or simplified visa procedures, access to diplomatic lounges, expedited customs and immigration clearance, state protocol assistance, and sometimes additional security measures—all in line with international law and practice.
Ghana’s N.L.C.D. 155 Law As At 1967
On April 5, 1967, Ghana promulgated the Passport and Travel Certificates Decree, 1967 (N.L.C.D. 155), which was published in the Official Gazette on April 7, 1967.
This law authorized the Minister responsible for External Affairs (now the Minister for Foreign Affairs) to issue diplomatic passports under Section 6 to certain categories of people. Section 6 of N.L.C.D. 155 specified the following eligible recipients:
- (a) Members of the government of Ghana proceeding abroad on official government business, and the spouse of such a member if accompanying the member on the journey.
- (b) A diplomatic representative of the Republic of Ghana accredited to another country or to an official international organization as head of mission, and any member of that representative’s diplomatic staff.
- (c) A consular officer of the Republic of Ghana.
- (d) The spouse and every member of the immediate family residing with any person referred to in (b) or (c) above, to whom a diplomatic passport is issued.
- (e) The head of a delegation of the Republic of Ghana attending an international conference or convention at which countries are officially represented.
These categories reflect a framework tying the issuance of diplomatic passports to official state duties and roles, with relatively strict eligibility criteria focused on senior state officials and those performing official functions abroad.
The 1993 Amendment: A Loophole in Diplomatic Passport Issuance
In 1993, the First Parliament of the Fourth Republic of Ghana passed the Passport and Travel Certificates (Amendment) Law, 1993 (P.N.D.C. Law 310), which amended Section 6 of N.L.C.D. 155 by adding a new clause (f)
This new clause expanded the eligibility criteria to include: “a prominent Ghanaian citizen or high public official proceeding abroad who, in the opinion of the government (Minister for Foreign Affairs), requires a diplomatic passport for the purpose for which that person is travelling abroad.”
The introduction of Section 6(f) significantly broadened the discretionary powers of the Minister for Foreign Affairs in issuing diplomatic passports. Essentially, it eliminated the need to adhere strictly to the earlier, more narrowly defined categories in the 1967 decree.
Instead of being bound by the original framework that limited diplomatic passports to officials on government duty, the Minister could now issue a diplomatic passport based on a subjective determination of “requirement.”
In practice, this means the issuance of these passports under clause (f) is heavily reliant on the Minister’s opinion, rather than on clear, objective criteria.
The diplomatic passport framework thus shifted from one closely tied to official duties and senior roles to one that allows potentially any “prominent” person or high official to qualify at the Minister’s discretion and in his/her opinion.
Critics argue this legislated loophole risks undermining the integrity of Ghana’s diplomatic passport regime by opening the door to issuances for individuals who may not be engaged in any official state function.
Comparative Practices in Other Countries
To put Ghana’s situation in context, it is useful to consider how other countries, particularly those with common law traditions regulate the issuance of diplomatic passports:
Nigeria: In Nigeria, the issuance of diplomatic passports is governed by the Immigration Act, 2015. The law clearly outlines those entitled to diplomatic passports, limiting eligibility to specific high-ranking government officials.
The Nigerian Ministry of Foreign Affairs must approve each diplomatic passport issuance, and any issuance outside the prescribed list of officials requires authorization by the President.
This ensures that discretion is checked at the highest level of government.
South Africa: In South Africa, the issuance of diplomatic passports is controlled by the Department of Home Affairs, with recommendations from the Department of International Relations and Cooperation (DIRCO).
The South African Passport and Travel Documents Act, 1994 confines diplomatic passports primarily to high-ranking government and diplomatic personnel. The process is rule-bound, and the Minister of Home Affairs issues these passports only for those serving in official diplomatic roles or government business abroad.
Kenya: Kenya’s system allows no unchecked discretion in handing out diplomatic passports. Section 45 of the Kenyan Citizenship and Immigration Act (Cap 172) and its regulations provide a clear, exhaustive list of officials eligible for diplomatic passports.
The law mandates an application process that includes vetting by the Directorate of Immigration Services. This means that only those who meet the predefined criteria, as vetted by the responsible authority, can obtain diplomatic passports.
United Kingdom: In the United Kingdom, the issuance of diplomatic passports is tightly controlled by the Foreign, Commonwealth and Development Office (FCDO). Diplomatic passports are issued only to persons engaged in official diplomatic service or certain official postings abroad. There is no broad ministerial discretion equivalent to Ghana’s clause (f); rather, the eligibility is strictly tied to the individual’s official role and duties.
Australia: Australia also maintains strict controls through its Department of Foreign Affairs and Trade (DFAT) under the Australian Passports Act 2005. Diplomatic passports in Australia are issued only to officials representing the Australian government abroad on official government business. An internal audit mechanism is in place to ensure that only those who genuinely meet the criteria (i.e. those in defined government roles or diplomatic postings) are granted diplomatic passports, preventing any ad hoc or discretionary issuances.
Canada: In Canada, eligibility for a diplomatic passport is exclusive to individuals whose official status necessitates diplomatic recognition abroad. These passports are issued pursuant to the Canadian Passport Order, under the authority of the Governor in Council. In practice, this means only government officials such as diplomats, high-level envoys, or others in official missions abroad receive diplomatic passports, in accordance with clearly defined rules.
United States: In the United States, the Department of State issues diplomatic passports in accordance with regulations set out in the Foreign Affairs Manual (FAM). Diplomatic passports are strictly given to individuals who are posted abroad to represent U.S. interests or who serve in a diplomatic capacity (such as diplomats, certain military personnel on diplomatic assignment, or officers of the foreign service). The process is rule-based, and there is no provision for issuing a diplomatic passport to individuals outside of these roles based on discretion alone.
Each of these examples demonstrates a common theme: clear eligibility criteria and limited discretion. Whether through legislation or internal regulations, these countries restrict diplomatic passports to those performing official diplomatic or state functions, often with oversight or specific approval requirements. This stands in contrast to Ghana’s current situation under clause 6(f), which grants broad discretion to a single official.
Conclusion and Policy Recommendation
Diplomatic passports are instruments and symbols of state sovereignty, and they should be issued solely to advance the national interest.
The legislated loophole created by P.N.D.C. Law 310 (the 1993 amendment) has introduced a degree of unchecked discretion into Ghana’s system that was not present in the original 1967 framework.
To uphold the integrity of Ghana’s diplomatic standing, the eligibility criteria for diplomatic passports should be clearly codified and constrained by robust regulations.
In other words, there is a need for legal reforms to rein in the broad discretion and to ensure that diplomatic passports are only issued to individuals who are truly engaged in official state functions.
Without such constraints, overly generous or politically motivated issuances could erode Ghana’s diplomatic credibility, and the respect accorded to its diplomatic passports.
It is recommended that P.N.D.C. Law 310 be revisited and amended. A dedicated diplomatic passport regulation instrument should be enacted to clearly define the categories of persons entitled to hold diplomatic passports.
Such an instrument would restore a strict framework much like the one originally envisioned in 1967 by setting out in law exactly who qualifies for a diplomatic passport.
This reform would close the current loophole and align Ghana’s practice with international best practices, thereby preserving the prestige and proper use of its diplomatic passports.
By Jonathan Balinia Adda, Esq. (Dip.Com., B.Com., LL.B., MBA, LL.M., QLC.)
Houston, Texas. Email: [email protected]
