Category Archives: Realities of the FS

Dear Ambassadors — About That ALS #IceBucketChallenge. Just. Don’t. Do. It.

– Domani Spero

 

On August 17, we posted about Ambassador Heyman who took the ALS ice bucket challenge in Ottawa. (see Tweet of the Day: Ambassador to Ottawa Bruce Heyman Takes the ALS #IceBucketChallenge. Ambassador to Israel Dan Shapiro also did the ALS challenge. Today, Ambassador Kenney did the ice dunk in Bangkok without a specific mention of ALS.  There’s a reason for that.

 

 

The State Department reportedly sent out an unclassified cable (14 STATE 101474) to all missions saying that State totally supports the ALS ice water thing but there are regulations to follow. The cable basically informed the ambassadors that they shouldn’t join in the craze since regulations state that they cannot use their position for any sort of fundraising.

I suppose, if you must join the craze,you need to write an action memorandum and first get permission from the State Department. Clearances from L/Ethics and Office of Emergencies in the Diplomatic and Consular Service (M/EDCS) are required before seeking approval from the Under Secretary for Management.

Y’all, welcome to the bureaucracy!

The relevant section appears to be in 2 FAM 960 (pdf) SOLICITATION AND/OR ACCEPTANCE OF GIFTS BY THE DEPARTMENT OF STATE, excerpted below:

No Department employee may engage in solicitation or other fundraising activities for U.S. Government use or for the use of an outside organization, without prior authorization, in writing, from the Under Secretary for Management, except as specifically authorized in 2 FAM 962.1-1 through 2 FAM 962.1-11 or 3 FAM 4123.4.

In order to obtain approval from the Under Secretary for Management for a solicitation or other fundraising request, the requesting office shall prepare an action memorandum and obtain clearances from L/Ethics and the Office of Emergencies in the Diplomatic and Consular Service (M/EDCS), as well as any other relevant offices. The memorandum must include the following:

(1) As much information as possible on the project for which funds will be raised;

(2) The amount of money to be raised;

(3) The potential donors to be approached;

(4) The method of raising money, including the proposed texts for any communications to be used in the solicitation;

(5) The availability of appropriated funds or alternative sources of funding; and

(6) The importance to the U.S. Government of the proposed project.

In addition, M/EDCS will incorporate into the memorandum information concerning any prior Departmental solicitations of the targeted donors.

Approval of solicitation or other fundraising proposals requires balancing the U.S. Governmental policy interests in favor of fundraising against the potential risks of Department involvement in raising money from the private sector. This process inherently requires making judgment calls about issues, such as the importance of the project and the risks that the Department will be subjected to criticism for its activities. In deciding whether to approve a solicitation, the Under Secretary for Management should consider:

(1) The amount of money to be raised;

(2) The degree to which the Department will be directly involved in the fundraising;

(3) Whether the money is being raised for unusual or exceptional expenses (such as capital improvements), which have more frequently been approved, or for ordinary operating expenses of the Department; or

(4) Whether the involvement of the private sector adds value to the project apart from financial assistance. (For example, the financial participation of a nongovernmental group in a public-private partnership may help to establish private sector linkages with the local country.)

The requesting office shall be responsible for providing the necessary information to M/EDCS, and L/Ethics to allow a determination about whether any of these factors exist with respect to a particular proposal.

Nothing quick or easy. But one other thing to think about — if ambassadors do this for ALS, they may get nudged or challenged to do it for others.  Where do they draw the line of what they will/will not support publicly? That’s why the regs.

 

 

 

 

 

 

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Filed under Ambassadors, Foreign Service, Media, Org Life, Realities of the FS, Regulations, Social Media, State Department, U.S. Missions, Under Secretary, Video of the Week

U.S. Embassy Cyprus Remembers Ambassador Rodger Davies Shot Dead 40 Years Ago Today

– Domani Spero

 

 

 

On the 40th anniversary of their deaths, the U.S. embassy residence in Nicosia is named the “Rodger Davies Residence” after Ambassador Davies who was killed on  August 19, 1974 and the embassy personnel lounge is named “Antoinette Varnava Lounge” after the local employee killed in the same attack.

Via ADST Oral History:

On August 19th, 1974, recently appointed Ambassador to Cyprus, Rodger Davies, was shot dead during a Greek Cypriot protest outside the U.S. Embassy. The demonstration brought out over 300 people who were protesting against the U.S.’s failure to prevent the Turkish invasion of the northern part of the island the week before. Davies was seeking shelter in a hallway at the embassy building in Nicosia when a sniper struck him in the chest. When Antoinette Varnava—a Maronite consular employee—rushed to his aid, she too was struck dead, with a bullet to the head.

James Alan Williams, a Political Foreign Service Officer, was at the Embassy in Nicosia as events unraveled. He served in Cyprus from 1973 to 1975 — the height of the tension between Greek and Turkish Cypriots; the coup which ousted democratically elected leader Archbishop Makarios III; and the Turkish invasions — all of which define the sociopolitical landscape of the divided island today. He was interviewed by Ray Ewing beginning in October 2003.

WILLIAMS:
[it was the] morning of August 19th, [1974]. A sunny day, cloudless skies, as it almost always is in Cyprus, and I think it was around 9:30 or 10:00, I don’t remember. [You could hear a rumble], a large number of people. I [had] only heard that once before in my life, and that was when Ann and I were in Adana, Turkey, and the consulate was stoned by a mob. I think I mentioned that in an earlier session, 1966 that was. You never forget that once you hear it. And I heard it, and everybody else heard it. We thought the demonstration had been approved by the police or whomever some ways away.

Cyprus Demonstration Riots[It was] a large crowd. It wasn’t a mob yet. I think the focus of the discussion was criticism of the Americans for what had happened to them, what had been done to them, what they had suffered. And somehow, and I don’t know how because I wasn’t there, the crowd started moving toward the embassy. At this point, I think it gained a lot of hangers-on and other elements [which] might not have been in the original demonstration at all. By the time it reached the embassy, which was in about 10 minutes, they were throwing rocks and other things at the chancery. So, we immediately had the Marines and everybody else shove the wooden shutters so the glass would be protected, close the gate, get the teargas canisters ready and prepare to stave off what we thought was going to be an unfettered demonstration, but that was about all.[…]

The Ambassador’s office was shuttered and he and his secretaries came into the central hallway. The rest of us were in the central hallway on the second floor. The FSNs were there. It was very crowded. The air conditioning held up for us, so it wasn’t too hot, but it was a little sticky. [Our] offices which had been on either side of that hallway, particularly [those which] were facing the front, were sort of exposed to the brunt of the mob’s wrath, we thought. At some point, shooting started. I remember hearing pops or whatever, but did not think anything of it because I didn’t know what it was, and I’d never heard shots fired in anger. I don’t know how many shots were fired. Several pierced the water tanks on the roof because they were leaking. Again, there was no central direction, put your hands down and put your hands behind your head and hunker down. We were milling around.
[...]
Q: Do you think the shots were fired at the patio at the top of the residence because they had seen the Marines up there doing the teargas?

WILLIAMS: It’s the same time the shots were fired at the Ambassador’s office. I think there were two shooters. There would have had to be because the ones that came in from the side [his office], were way over there, and this shot was up here. And I always thought, and my memory’s a little hazy on some of this, but the rounds that came into the office of Ambassador Davies were concentrated in the area of his office where his desk was. The rounds that came into the other side of the building where the residence was were concentrated on the patio, and I think some at the window of his bedroom. I think that’s right, though I’m not sure of it. So whether or not they fired at the patio because they saw a Marine or because they thought the ambassador was up there or because they saw me or whatever, I really don’t know. But there were a lot of bullets that came up there. I always thought it was an effort to get the Ambassador because of the way the bullets had come in. By sheer dumb luck they did get him. It was a blind bullet came in through the shutter, the glass and the partition in his office and came down into the corridor where he was standing and they shot him through the heart.

He was [in the central hall], and he was dead before he hit the ground. Another bullet came in and ripped off the top of the skull of Toni Varnava, a Maronite local in the Administration section, and she was dead instantly. A steel jacket of one of the bullets that came in landed up in the thigh of Jay Graham, the economic officer. Those were the only causalities from the rounds. One of the older locals may have had a heart attack. Everybody else was intact but scared to death.
[…]
[Varnava] had [gone to Ambassador Davies’ aid]. She had been very close to him and she saw him fall. I was not down there, but those who were say she saw him fall and bent down to catch him and as she did her head was ripped open by the bullet, so they both fell.

The windows were appropriately shuttered. So, the bullets did not have to go through significant physical barriers to get to the Americans in the central corridor. I have no way of knowing whether the shooter or shooters knew that we would be huddled in that corridor as a safe place, but the wooden shutter over the window, the single pane of glass and the partition on the door of the wall of the office were not very thick.
[…]
It was a blind shot that got the Ambassador, no question about that. Toni was an incidental casualty, God rest her soul, and Jay Graham was also unlucky with that minor wound in his thigh.[…]

[The shooters] were on the periphery of the crowd in both cases. One of them was wearing the uniform of a Greek Cypriot policeman as I recall, although the weapon he used was not in the standard arms of the Greek Cypriot police. They were in the crowd on the periphery, but not in adjacent buildings. There was some more shooting of handguns I guess. I think though, soon after the heavy stuff came in and killed the ambassador, they couldn’t know at that time they killed the Ambassador, and hit the side where Mike and I and the Marines were, soon thereafter as I recall, maybe 20 or 30 minutes, time was really very strange as experienced in that day, the crowd started to disperse. Either its anger had been spent or the Greek Cypriot police had started to come in sufficient numbers to control it. Because what the Greek Cypriot authorities had approved as a demonstration had quickly gotten way out of hand and had to be stopped. I don’t know who was calling, our phones were still intact, I don’t know who called whom. I certainly was not calling anybody because I could still barely see, Mike wasn’t.
[...]
I remember I knelt down to Rodger and I just said, “Oh, Mr. Ambassador,” and I couldn’t say anything else because he was clearly gone. I think it had gone right through his heart so there was no question about saving him.
[…]
Q: Ambassador Davies did not have any family of his own at post?

WILLIAMS: He did. Dana is the daughter and John is her younger brother, and they had briefly come to post with Rodger and Ms. T, the family cat. Rodger’s wife had died tragically after a long struggle with brain cancer just that year. And so one of the reasons he wanted to go [to] Cyprus was to get away from Washington and the intense environment he’d been working and living in there, and also get away from, I think, some of the memories of Sally and what she’d gone through in the last years of her life.

Nicosia was going to be a way for the family to replenish itself, just relax and recover a bit. And tragically it did not work out that way. So John and Dana had been in the convoy that went south to Akrotiri [British Airbase in Cyprus] in late July and were in Beirut, and had to be told what had happened to their father on August 19th.

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FSO-Author Writes About Publishing in the Foreign Service; Update to 3 FAM 4170 Coming Soon?

– Domani Spero

 

The June 2014 issue of the Foreign Service Journal includes an article, Publishing in the Foreign Service by FSO Yaniv Barzilai, who is serving in Baku on his first overseas posting. He is the author of 102 Days of War—How Osama bin Laden, al Qaeda & the Taliban Survived 2001 (Potomac Books, 2013).  Below is an excerpt from that article with a prescription for the improvement of the pre-publication clearance process in the State Department.

There is plenty of room for improvement in the pre-publication clearance process. First and foremost, State must do a better job of adhering to the regulations it has set forth in the Foreign Affairs Manual. Anything short of that standard is unfair to everyone involved. 

Second, the department should establish clear guidelines on how it distributes material internally and across the interagency community. That threshold should have nothing to do with terms as vague as “equities.” Instead, offices and agencies should have the opportunity to clear on material only if that material is the result of “privileged information”: information that employees acquire during the discharge of their duties that is not otherwise available.

Third, State needs to ensure that former employees receive treatment comparable to current employees. A significant gap exists between the attention given to current employees by PA and that former employees receive from A/GIS/IPS/PP/LA. 

As that lengthy acronym suggests, former employees are relegated to an obscure office in the Bureau of Administration when they seek pre-publication clearance. In contrast, the PA leadership is often engaged and provides consistent oversight of the review process for current employees. This bifurcation not only creates unnecessary bureaucratic layers and redundancies, but places additional burdens on former employees trying to do the right thing by clearing their manuscripts. This discrepancy should be rectified.

These short-term fixes would go a long way toward improving the pre-publication clearance process for employees. In the long term, however, the State Department should consider establishing a publication review board modeled on the CIA’s Publication Review Board. 

A State Department PRB would codify a transparent, objective and fair process that minimizes the need for interagency clearance, ensures proper and consistent determinations on what material should be classified, and reduces the strain on the State Department at large, and its employees in particular.

Ultimately, State needs to strike a better balance between protecting information and encouraging activities in the public domain. The pre-publication review process remains too arbitrary, lengthy and disjointed for most government professionals to share their unique experiences and expertise with the American public.

Read in full here.

We totally agree that a publication review board is needed for State. Instead of parcelling out the work to different parts of the bureaucracy, a review board would best serve the agency.  We have some related posts on this topic on the Peter Van Buren case as well as the following items:

The rules and regulations for publishing in the Foreign Service can be found in the infamous Foreign Affairs Manual 3 FAM 4170 (pdf).  Last June, AFSA told its members that for more than a year it has been negotiating a revision to the current Foreign Affairs Manual regulations governing public speaking and writing (3 FAM 4170).

“As mentioned in our 2013 Annual Report, our focus has been to accommodate the rise of social media and protect the employee’s ability to publish. We have emphasized the importance of a State Department response to clearance requests within a defined period of time (30 days or less). For those items requiring interagency review, our goal is to increase transparency, communication and oversight.  We look forward to finalizing the negotiations on the FAM chapter soon—stay tuned for its release.”

This long awaited update to 3 FAM 4170 has been in draft mode since 2012 (see State Dept to Rewrite Media Engagement Rules for Employees in Wake of Van Buren Affair. We’ll have to wait and see if 3 FAM 4172.1-7  also known as the Peter Van Buren clause survives the new version.

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Death in the State Dept Family: Rayda Nadal, Foreign Service; Durron Swain, Civil Service – RIP

– Domani Spero

 

On March 3, 2014 we wrote about the death of  Deron Durron Swain, a State Department employee assigned to the Miami Passport Office as reported by  Local10 in Miami. Click here for the CBS Miami report the following day. The June 2014 issue of State Magazine includes the following obituary:

Screen Shot 2014-08-16

Extracted from Obituaries, State Magazine, June 2014

The July/August issue of State Magazine includes the following obituary for Rayda Nadal, a Foreign Service OMS who died in Sweden.  The notice did not mention that she died from the gas explosion while posted at the U.S. Embassy in Moscow, but we know that the OMS injured in that explosion died in Linkoping, Sweden. See US Embassy Moscow: FS Employee Hurt in Apartment Building Gas Explosion Dies. If anyone  has an update on the promised investigation, we’d like to know.

Screen Shot 2014-08-18

Extracted from Obituaries, State Magazine, July/August 2014

We still think that the State Department should be compelled to report the deaths of official Americans overseas. DOD identifies its casualties — name, rank, age, state of residence, date and place of death, and cause of death — why not the State Department?

At a minimum there ought to be  an annual reporting of all deaths from unnatural causes of USG personnel and family members on government orders under chief of mission authority.

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Foreign Service 2013 Promotion Results — Gender, Ethnicity, Race Stats Still Behind the Great Firewall

– Domani Spero

 

The State Department’s trade publication State Magazine publishes annually the promotion results from the Foreign Service Selection Board. Here is an excerpt from the June 2014 issue:

The Bureau of Human Resources compiled the 2013 Foreign Service Selection Board results by class for generalists and specialists, placing the data into tables that show promotion numbers, promotion rates, average time in class and average time in service for each competition group. The bureau also analyzed and compared certain 2013 promotion rates and levels to the 2012 results and the five-year averages. While the Department promoted more generalists and specialists in 2013 than in 2012, the total number of employees eligible for promotion increased at a faster rate. The overall 2013 promotion rate for all eligible Foreign Service employees was 22 percent, slightly lower than the 2012 rate of 23 percent and the five-year average of 24 percent.

In June 2012, State Magazine said it published the promotion statistics by gender, ethnicity and race for the first time. We were hoping it would make the data public this year. Unfortunately, the 2013 promotion results, the statistics that offer detailed breakouts by grade level for each generalist cone and specialist skill group can only still be found behind the Great Firewall at http://intranet.hr.state.sbu/offices/rma/Pages/DiversityStats.aspx.

The State Department has an Office of Civil Rights. Apparently, it is the first cabinet-level agency to appoint a Chief Diversity Officer with oversight authority to integrate and transform diversity principles into practices in the Department’s operations. The office touts diversity as not just a worthy cause:

At the Department of State, diversity is not just a worthy cause: it is a business necessity. Diversity of experience and background helps Department employees in the work of diplomacy. The Secretary believes that diversity is extremely important in making the State Department an employer of choice.

We’re curious — if indeed, diversity is a business necessity for the agency,and we have folks who are proponents of diversity management issues there, why is the promotion composition of the Foreign Service by gender, race and ethnicity  considered “sensitive but unclassified” (SBU) and still behind the Great Firewall?  And if State Magazine won’t make this data available publicly, why isn’t this information available on the website of the  Office of Civil Rights?

State Mag is under State/HR but S/OCR — whoa! —  reports directly to Secretary Kerry’s office.  So, well, let’s go ahead and ask them why it should not be made available to the general public: Office of Civil Rights, S/OCR, Room 7428, Department of State, Washington, DC 20520, Email: socr_direct@state.gov;  Tel: (202) 647-9295 or (202) 647-9294; Fax: (202) 647-4969.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Filed under Diversity, Foreign Service, Govt Reports/Documents, John F. Kerry, Leadership and Management, Promotions, Realities of the FS, ScribD, Secretary of State, Staffing the FS, State Department

The State of Foreign Service Family Member Employment 2014 – Which Bureau Tops for Jobs?

– Domani Spero

 

Last year, we posted about the  family member employment in the Foreign Service (see The State of Foreign Service Family Member Employment 2013 — Where Are the Jobs?).  We’ve extracted the following from State/FLO’s April 2014 (pdf) numbers and put them next to last year’s numbers. The female/male numbers for overseas family members remain at 78%/22%.  Family members working inside the mission increased from 24% in 2013 to 25% in 2014.  Those working outside the mission increased from 12% to 13%.  Family members who are not working went from 64% in 2013 to 62% in 2014. A pretty slim change with over 7200 family members still not working either by choice or due to severely limited employment opportunities overseas. We should note that  the FLO data is dated November 2013,which is after the summer transfer season and April 2014, which is before the summer rotation.

Family Member Population Overseas

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fam pop 2013

Employment Status – Overseas Family Members

2014

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2013

FAM 2013

 

Family Member Employment Overseas – Inside the Mission

By Regional Bureau

2014

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2013

fam reg 2013

SCA –  where 63% of family members at post are working

The FLO employment data does not include details of full-time or part-time work or job shares, or the types of jobs inside or outside the mission. But if you want to work, the chance of getting a job is higher in the Bureau of South Central Asian Affairs (SCA) where 50% of family members are employed with the embassy and 13% are employed outside the U.S. mission. At 63%, SCA has the most number of family members working at post, however, the bureau also has the smallest number of family members located at posts. In the AF bureau, 50% of over 1500 family members at post were able to find jobs inside the mission (35%) and outside the mission (15%).

SCA_Bureau_400_1

 

WHA/EUR – where most number of positions located

Posts in the Western Hemisphere and Europe have the most number of approved positions for overseas family members.  These positions more than double the number of positions approved in each of the SCA and NEA bureaus. However, you will also note that only about 1/5 of family members in those respective bureaus (EUR-21%, WHA-22%) are able to  working inside the mission in April 2014. Last year, EUR had 19% while WHA had 23% working inside the mission.  This is not surprising since EUR and WHA have the most number of family members at post. The larger the family member population, the less jobs available to go around.

Screen Shot 2014-08-14 at 11.33.58 PM

 

Employment Outside the Mission

2014

Where are the jobs?

The FLO’s break down of outside the mission jobs are perhaps too broad to be useful. For instance, 30% of outside the mission jobs are in the field of education but we cannot tell if these are local teaching jobs, online teaching, or something else. There are 199 family members engaged in telework, but we can’t tell in what fields from looking at this graphic.The same goes for working in the local economy, home business and freelancing.  If this is meant to be more than a snapshot of family member employment overseas, to actually help folks plan career-wise when moving overseas, we’d suggest that this annual report be beef up with additional details.

Screen Shot 2014-08-14 at 11.34.46 PM

 

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Burn Bag: CA Bureau’s Biggest Problems — Washington Post and Diplopundit, Really?

Via Burn Bag:

“CA management feels the biggest problem facing CA are leaks to the Washington Post (old news) and comments on Diplopundit (new excuse).  So much for actually addressing real problems.”

No Way. Really?

Via reactiongifs.com

Via reactiongifs.com

 

 

 

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U.S. Embassy Sierra Leone Now on Ordered Departure for Family Members #Ebola

– Domani Spero

 

On August 14, the State Department  announced the ordered departure of family members not employed at U.S. Embassy Freetown from Sierra Leone. This follows the ordered departure of family members from U.S. Embassy Liberia on August 7. No Travel Warning has yet been issued for Sierra Leone as of this writing but we expect one coming out soon. Below is the statement of the U.S. Embassy Freetown ordered departure:

At the recommendation of the U.S. Embassy in Sierra Leone, the State Department today ordered the departure from Freetown of all eligible family members (EFMs) not employed by post. The Embassy recommended this step out of an abundance of caution, following the determination by the Department’s Medical Office that there is a lack of options for routine health care services at major medical facilities due to the Ebola outbreak.

We are reconfiguring the Embassy staff to be more responsive to the current situation. Our entire effort is currently focused on assisting U.S. citizens in the country, the Government of Sierra Leone, international health organizations, local non-governmental organizations (NGOs), and the Sierra Leonean people to deal with this unprecedented Ebola outbreak.

We remain deeply committed to supporting Sierra Leone and regional and international efforts to strengthen the capacity of the country’s health care infrastructure and system — specifically, the capacity to contain and control the transmission of the Ebola virus, and deliver health care.

According to the World Health Organization, a total of 128 new cases of Ebola virus disease (EVD) (laboratory-confirmed, probable, and suspect cases) as well as 56 deaths were reported from Guinea, Liberia, Nigeria, and Sierra Leone between August 10-11, 2014. See the disease update from the WHO:

via WHO

via WHO

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U.S. Court Awards Damages to Victims of August 7, 1998 East Africa Embassy Bombings

– Domani Spero

 

Last week, we posted the State Department’s Albright archive of the 1998 East Africa embassy bombings.  Yes, the interesting thing about that is how 16 years later, the names, the response, the briefings and the narrative are ever so familiar.

The twin-embassy bombings cost the lives of over 220 persons and wounded more than 4,000 others. Twelve American USG employees and family members, and 32 Kenyan and 8 Tanzanian USG employees, were among those killed.

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U.S. Embassy Nairobi employees joined Charge d’Affaires Isiah Parnell for a wreath laying ceremony to commemorate the victims of the 1998 Embassy bombing in Nairobi. August 7, 2014

In December 2011, U.S. District Judge John Bates ruled (PDF via Legal Times) that the governments of Sudan and Iran will be liable for monetary damages to victims of suicide bombings at U.S. embassies in Nairobi, Kenya and Dar es Salaam, Tanzania in 1998. According to Judge Bates’ 2011 order (PDF via Legal Times) , a special master was appointed to figure how much in damages the plaintiffs will receive.  The Court previously ruled that the foreign-national U.S.-government-employee victims have a federal cause of action, while their foreign-national family members have a cause of action under D.C. law.

On July 25, 2014, the Court entered final judgment on liability under the Foreign Sovereign Immunities Act (“FSIA”) on several related cases—brought by victims of the bombings and their families—against the Republic of Sudan, the Ministry of the Interior of the Republic of Sudan, the Islamic Republic of Iran, the Iranian Revolutionary Guards Corps, and the Iranian Ministry of Information and Security (collectively “defendants”) for their roles in supporting, funding, and otherwise carrying out the attacks. The combined cases involve over 600 plaintiffs. The awards range from $1.5 million for severe emotional injuries to $7.5 million for severe injuries and permanent impairment. The total award is reportedly $8 billion.

Judge John Bates in his ruling  (see Wamai, et al.,v. Republic of Sudan, et.al. (pdf) (Civil Action No. 08-1349 (JDB) writes that the 1998 embassy bombings shattered the lives of all plaintiffs.

[T]heir personal stories reveals that, even more than fifteen years later, they each still feel the horrific effects of that awful day. Damages awards cannot fully compensate people whose lives have been torn apart; instead, they offer only a helping hand. But that is the very least that these plaintiffs are owed. Hence, it is what this Court will facilitate.

 

 

Below are some of the embassy employees and their injuries cited in court documents:

  • Many plaintiffs suffered little physical injury—or none at all—but have claims based on severe emotional injuries because they were at the scene during the bombings or because they were involved in the extensive recovery efforts immediately thereafter. Those plaintiffs will be awarded $1.5 million. See id. Typical of this category is Edward Mwae Muthama, who was working at the offsite warehouse for the United States Embassy in Kenya when the bombings occurred. Report of Special Master John Aldock Concerning Edward Muthama [ECF No. 93] at 4. Shortly after the attack, Muthama headed to the blast site and spent days assisting with the gruesome recovery efforts; to this day he suffers from emotional distress resulting from his time administering aid to survivors and handling the dead bodies (and body parts) of his murdered colleagues. Id.
  • Other plaintiffs suffered minor injuries (such as lacerations and contusions caused by shrapnel), accompanied by severe emotional injuries. They will be awarded $2 million. Typical is Emily Minayo, who was on the first floor of the United States Embassy in Nairobi at the time of the bombing. Report of Special Master Brad Pigott Concerning Emily Minayo [ECF No. 162] at 4. She was thrown to the floor by the force of the blast, but she was lucky enough to escape with only lacerations that were later sewn up during a brief hospital stay. Id. She continues, however, to suffer from severe emotional damage resulting from her experience. Id.
  • To those who suffered more serious physical injuries, such as broken bones, head trauma, some hearing or vision impairment, or impotence, the Court will award $2.5 million. Typical is Francis Maina Ndibui, who was in the United States Embassy in Nairobi during the bombing. Report of Special Master Brad Pigott Concerning Francis Maina Ndibui [ECF No. 152] at 4. Ndibui became temporarily trapped under debris that fell from the ceiling, and he suffered minor lacerations similar to Minayo’s. Id. Also as a result of the bombing, he continues to suffer from partial vision impairment, which has persisted even through reparative surgery. Id. He also suffers from severe emotional damage resulting from his experience. Id.
  • Plaintiffs with even more serious injuries—including spinal injuries not resulting in paralysis, more serious shrapnel injuries, head trauma, or serious hearing impairment—will be awarded $3 million. Typical is Victor Mpoto, who was at the United States Embassy in Dar es Salaam on the day of the bombing. Report of Special Master Jackson Williams Concerning Victor Mpoto [ECF No. 136] at 3. The blast knocked him to the ground and covered him in debris, causing minor physical injuries. Id. Because he was only about fifteen meters away from the blast, he suffered severe hearing loss in both ears that continues to this day and for which he continues to receive treatment. Id. He also suffers from severe emotional damage resulting from his experience. Id. at 4.
  • Those who suffered from injuries similar to those plaintiffs who are generally awarded the “baseline” award of $5 million (involving some mix of serious hearing or vision impairment, many broken bones, severe shrapnel wounds or burns, lengthy hospital stays, serious spinal or head trauma, and permanent injuries) will also be awarded that baseline. See Valore, 700 F. Supp. 2d at 84. Typical is Pauline Abdallah, who was injured in the bombing of the United States Embassy in Nairobi. Report of Special Master Stephen Saltzburg Concerning Pauline Abdallah [ECF No. 117] at 3. She was knocked unconscious by the blast, and later spent about a month in the hospital. Id. She suffered severe shrapnel wounds requiring skin grafts, third-degree burns, and two of her fingers were amputated. Id. Shrapnel still erupts from her skin. Id. She also suffered severe hearing loss. Id. Like other plaintiffs who were injured in the bombing, she suffers from severe emotional damage. Id. at 3-4.
  • And for a few plaintiffs, who suffered even more grievous wounds such as lost eyes, extreme burns, severe skull fractures, brain damage, ruptured lungs, or endured months of recovery in hospitals, upward departures to $7.5 million are in order. Livingstone Busera Madahana was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Kenneth Adams Concerning Livingstone Busera Madahana [ECF No. 175] at 4. Shrapnel from the blast completely destroyed his right eye and permanently damaged his left. Id. He suffered a skull fracture and spent months in a coma; his head trauma caused problems with his memory and cognition. Id. “He endured multiple surgeries, skin grafts, physical therapy, vocational rehabilitation, speech and cognitive therapy, and psychotherapy for depression.” Id.
  • Gideon Maritim was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Jackson Williams Concerning Gideon Maritim [ECF No. 222] at 3. The second explosion knocked him unconscious for several hours. Id. at 4 The blast ruptured his eardrums, knocked out several teeth, and embedded metal fragments into his eyes. Id. He also suffered deep shrapnel wounds to his legs and stomach, and his lungs were ruptured. Id. His hearing is permanently impaired, as is his lung function. Id. at 5. And he suffers from chronic back and shoulder pain. Id.
  • Charles Mwaka Mulwa was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Jackson Williams Concerning Charles Mwaka Mulwa [ECF No. 132] at 3. The bomb blast permanently disfigured his skull, ruptured both his eardrums, and embedded glass in his eyes. Id. He continues to suffer from nearly total hearing loss, and his eyesight is permanently diminished. Id. And he suffered from other shrapnel injuries to his head, arms, and legs. Id.
  • Tobias Oyanda Otieno was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Brad Pigott Concerning Tobias Oyanda Otieno [ECF No. 181] at 4. The blast caused permanent blindness in his left eye, and substantial blindness in his right. Id. He suffered severe shrapnel injuries all over his body, including a particularly severe injury to his hand, which resulted in permanent impairment. Id. His lower back was also permanently damaged, causing continuous pain to this day. Id. He spent nearly a year recovering in hospitals. Id.
  • Moses Kinyua was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Deborah Greenspan Concerning Moses Kinyua [ECF No. 202] at 4. The blast knocked him into a coma for three weeks. Id. His skull was crushed, his jaw was fractured in four places, and he lost his left eye. Id. The head trauma resulted in brain damage. Id. In addition, he suffered from a ruptured eardrum, a detached retina in his right eye, a dislocated shoulder, broken fingers, and serious shrapnel injuries. Id. He was ultimately hospitalized for over six months. Id.
  • Joash Okindo was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Brad Pigott Concerning Joash Okindo [ECF No. 163] at 4. He spent about eight months in hospitals, and was in a coma for the first month because he suffered a skull fracture. Id. at 4-5. He suffered from severe shrapnel injuries to his head, back, legs, and hands, and the blast fractured bones in both of his legs. Id. at 4.
  • Each of these plaintiffs also suffered severe emotional injuries. The injuries suffered by these plaintiffs are comparable to those suffered by plaintiffs who were awarded $7–$8 million in Peterson II. See 515 F. Supp. 2d at 55-57 (e.g., Michael Toma, who suffered “various cuts from shrapnel, internal bleeding in his urinary system, a deflated left lung, and a permanently damaged right ear drum”). Hence, the Court will award each of these plaintiffs $7.5 million for pain and suffering. The Court adopts the recommendations by special masters of awards consistent with the adjusted guidelines described above, and will adjust inconsistent awards accordingly.

An attorney for hundreds of the East African victims cited the “need to have patience and determination” in collecting approximately $8 billion from Iran and Sudan, acknowledging it is unlikely that the  two governments would make voluntarily payments for the award ordered by the U.S. court. The lawyers are reportedly looking at Iranian and Sudanese assets seized in the United States or other countries as a source for the court-ordered payments.

 

Related documents ( all pdfs):

07/25/2014 Civil Action No. 2008-1380 ONSONGO et al v. REPUBLIC OF SUDAN et al
Doc No. 233 (memorandum opinion) by Judge John D. Bates

07/25/2014 Civil Action No. 2008-1361 AMDUSO et al v. REPUBLIC OF SUDAN et al
Doc No. 255 (memorandum opinion) by Judge John D. Bates

07/25/2014 Civil Action No. 2008-1349 WAMAI et al v. REPUBLIC OF SUDAN et al
Doc No. 246 (memorandum opinion) by Judge John D. Bates

 

 

 

 

 

 

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U.S. Relocates More Baghdad/Erbil Staff to Basrah and Amman (Jordan), Updates Aug. 8 Travel Warning

– Domani Spero

 

On June 15, 2014, the State Department went on partial “temporary relocation” of USG personnel in Embassy Baghdad to Basrah, Erbil and Amman, Jordan (see US Mission Iraq: Now on Partial “Temporary Relocation” To Basra, Erbil & Amman (Jordan)).

Today, the State Department issued an update to its August 8 Travel Warning for Iraq noting the departure of  a “limited” number of staff from our posts in Baghdad and Erbil to the Consulate General in Basrah and Amman, Jordan.

CIA map

Map via CIA.gov (click on image to see larger view)

The Department of State warns U.S. citizens against all but essential travel to Iraq.  Travel within Iraq remains dangerous given the security situation. The Embassy in Baghdad and the Consulate General in Erbil remain open and operating, but the Department of State has relocated a limited number of staff members from the Embassy in Baghdad and the Consulate General in Erbil to the Consulate General in Basrah and the Iraq Support Unit in Amman. The Embassy in Baghdad and the Consulate General in Erbil remain open and operating. This Travel Warning supersedes the Travel Warning dated August 8, 2014, to note the departure of some staff from the Consulate General in Erbil. The ability of the Embassy to respond to situations in which U.S. citizens face difficulty, including arrests, is extremely limited.

U.S. citizens in Iraq remain at high risk for kidnapping and terrorist violence.  Methods of attack have included roadside improvised explosive devices (IEDs), including explosively formed penetrators (EFPs); magnetic IEDs placed on vehicles; human and vehicle-borne IEDs; mines placed on or concealed near roads; mortars and rockets; and shootings using various direct fire weapons.  These and other attacks frequently occur in public gathering places, such as cafes, markets and other public venues.

Numerous insurgent groups, including ISIL, previously known as al-Qa’ida in Iraq, remain active and terrorist activity and violence persist in many areas of the country.  ISIL and its allies control Mosul, Iraq’s second largest city, and have captured significant territory across central Iraq and continue to engage with Iraqi security forces in that region.  In early August, the threat to the Iraqi Kurdistan Region (IKR) increased considerably with the advance of ISIL towards Kurdish areas.

Due to the potential of political protests and demonstrations to become violent, U.S. citizens in Iraq are strongly urged to avoid protests and large gatherings.

Read in full here.

Three days ago, President Obama ordered U.S. aircraft to drop humanitarian supplies to tens of thousands of Yezidi refugees fleeing the terrorists of the Islamic State of Iraq and the Levant in northern Iraq. The president also ordered U.S. combat aircraft to be ready to launch airstrikes to protect Americans in Erbil, Iraq.

On August 8, the Pentagon announced that at approximately 6:45 a.m. EDT, the U.S. military conducted a targeted airstrike against Islamic State of Iraq and the Levant (ISIL) terrorists.

Two F/A-18 aircraft dropped 500-pound laser-guided bombs on a mobile artillery piece near Erbil. ISIL was using this artillery to shell Kurdish forces defending Erbil where U.S. personnel are located. The decision to strike was made by the U.S. Central Command commander under authorization granted him by the commander in chief. As the president made clear, the United States military will continue to take direct action against ISIL when they threaten our personnel and facilities. 

Pentagon releases indicate that to date, U.S. military aircraft have delivered more than 52,000 meals and more than 10,600 gallons of fresh drinking water to the displaced Yezidis seeking refuge from ISIL on the mountain.

USCG Erbil which remains open is headed by Joseph Pennington, a career member of the Senior Foreign Service who assumed his duties as Consul General in Erbil in July 2013.  Prior to his arrival in Erbil, Mr. Pennington served as Deputy Chief of Mission at the U.S. Embassy in Prague, Czech Republic (2010-13) and held the same position in Yerevan, Armenia (2007-10).

USCG Basrah is headed by Matthias Mitman, a career member of the Senior Foreign Service who assumed post as Consul General in Basrah in September 2013.  He previously served as the Deputy Chief of Mission (DCM) at the U.S. Embassy in Tegucigalpa, Honduras from 2011-2013 and as the Minister Counselor for Economic Affairs at the U.S. Embassy in Moscow from 2009-2011. He was the Director for Iraq at the National Security Council from 2006-2008 with responsibility for U.S. economic policy in Iraq and international engagement.  Before joining the NSC staff, Mr. Matthias was assigned to U.S. Embassy Baghdad as Senior Economic Advisor.

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