Notoriously Disgraceful Conduct: Is it only the little people who are taken to task?

Posted: 12:48 am EDT
Updated: 3:07 pm EDT

 

In March 2012, AFSA’s General Counsel Sharon Papp reported about a State Department proposal related to the “state of affairs” in the Foreign Service ….no, the other kind of affairs:

In 2011, the State Department proposed disciplinary action against a handful of employees for off-duty conduct that it had not sought to regulate in the past (i.e., extramarital affairs between consenting adults). 

When we reviewed several sex-related grievance cases in 2012, we came to the conclusion that from the agency’s view, widespread notoriety is not required to demonstrate an adverse effect on the efficiency of the Service. Further, the potential for embarrassment and damaged to U.S. interests seems as weighty as actual embarrassment and damage. See: Sex, Lies, and No Videotapes, Just Cases for the Grievance Board

We recently received the following in our mailbox (edited to remove the most identifying details):

The married DCM at the embassy of a major Middle East ally slept with a married ELO whose husband worked for him. He blamed his alcoholism. As “punishment,” he was assigned as DCM at a significant high risk/high threat post. Next up? One of the top jobs at an embassy located in a Western European country.  Where’s the accountability at State? Is it only the little people that are taken to task? 

Well, that is an excellent question given another allegation we’ve received about another front office occupant involved in domestic violence overseas (another story we hope to write another day).

Extra-marital affairs, of course, are not mentioned anywhere in the Foreign Affairs Manual but below is what the regs say on sexual activity (pdf) and what constitutes, “notoriously disgraceful conduct.” Both sections were last updated in 2012, and applies to Foreign Service employees at State and USAID:

3 FAM 4139.1 Sexual Activity
(CT:PER-673; 04-27-2012) (Uniform State/USAID) (Applies to Foreign Service Employees) 

The agencies recognize that, in our society, there are considerable differences of opinion in matters of sexual conduct, and that there are some matters which are of no concern to the U.S. Government. However, serious suitability concerns are raised by sexual activity by an individual which reasonably may be expected to hamper the effective fulfillment by the agencies of any of their duties and responsibilities, or which may impair the individual’s position performance by reason of, for example, the possibility of blackmail, coercion, or improper influence. The standards of conduct enumerated in 3 FAM 4138 are of particular relevance in determining whether the conduct in question threatens the mission of the employing agency or the individual’s effectiveness.

3 FAM 4139.14 Notoriously Disgraceful Conduct
(CT:PER-673; 04-27-2012) (Uniform State/USAID) (Applies to Foreign Service Employees) 

Notoriously disgraceful conduct is that conduct which, were it to become widely known, would embarrass, discredit, or subject to opprobrium the perpetrator, the Foreign Service, and the United States. Examples of such conduct include but are not limited to the frequenting of prostitutes, engaging in public or promiscuous sexual relations, spousal abuse, neglect or abuse of children, manufacturing or distributing pornography, entering into debts the employee could not pay, or making use of one’s position or immunity to profit or to provide favor to another (see also 5 CFR 2635) or to create the impression of gaining or giving improper favor. Disqualification of a candidate or discipline of an employee, including separation for cause, is warranted when the potential for opprobrium or contempt should the conduct become public knowledge could be reasonably expected to affect adversely the person’s ability to perform his or her own job or the agency’s ability to carry out its responsibilities. Evaluators must be careful to avoid letting personal disapproval of such conduct influence their decisions.

One might argue that an extra-marital affair between two consenting adults is a private matter.  And in most cases, it is; who wants to be the sex police?  But. If the allegations are true, can you really consider it private, particularly in a case that involves the second highest ranking public official at an embassy and an entry level officer (ELO) assigned under his command? Even if the DCM is not the ELO’s rating or reviewing officer —  how does this not affect the proper functioning of the mission? Can anyone exclude undue influence, potential favoritism or preferential treatment?  Which section chief would give a bad performance review to a junior officer who slept with the section chief’s own reviewing officer? Even if not widely known outside the Foreign Service, can anyone make a case that this is not disgraceful or notorious?  For real life consequences when a junior officer has a “special relationship” and “unrestricted access” to an embassy’s front office occupant, read the walking calamity illustrated in this case FSGBNo.2004-061 (pdf).

Look … if widespread notoriety is not required to demonstrate an adverse effect on the efficiency of the Service for the lower ranks, why should it be a requirement for the upper ranks?  It’s not? Well, how else can we explain a good number of senior officials who allegedly looked the other way?


Can’t you see I’m busy? Besides I did not/did not see anything!

 

We went and looked up the Foreign Service Grievance Board cases related extra-marital affairs or related to notoriously disgraceful conduct. Here are some quick summaries.

  • In 2011, the State Department handed down a 30-day suspension to a junior officer for “off-color and offensive emails about women he dated, which were widely disseminated” after his private email account was hacked.  State said this constituted “notoriously disgraceful conduct.” (pdf)
  • Another case in 2011 involves an FSO who was told by the State Department: “Given the nature of Foreign Service life, you are aware that you are on duty 24/7. These multiple extramarital affairs involving sexual relations with an estimated 13 women during two separate assignments overseas without your spouse’s knowledge show poor judgment for a Foreign Service Officer.” (pdf) (note: two separate assignments could mean 4-6 years; untenured tours at 2 years, tenured tours typically at 3 years).
  • A Diplomatic Security (DS) Special Agent was suspended for three days for Notoriously Disgraceful Conduct arising from a domestic violence incident with his spouse. (pdf)
  • A married FP-04 Information Management Specialist (IMS), received a 20-day suspension, subsequently reduced to 10 days, for improper personal conduct and failure to follow regulations. The employee served at a critical threat post, and admitted having an extramarital relationship with a local embassy employee as well as engaging in sexual relations with two “massage techs.” (pdf)
  • An untenured FP-04 Diplomatic Security (DS) agent was disciplined for poor judgment and improper personal conduct. The employee brought a  woman to his hotel room and engaged in sex with her. Although the employee voluntarily disclosed the incident and asserted that the woman was not a prostitute, the Department contends that the incident at a minimum gave the appearance of engaging in prostitution and as such violated 3 FAM 4139.14 or Notoriously Disgraceful Conduct. (pdf)
  • A married FS-02 Information Management Officer (IMO) with seventeen years in the Department, with numerous awards and no disciplinary record, was found in his personal vehicle that was parked in an isolated area, and in a dazed condition with injuries suggesting he had been assaulted. He stated that during the prior night he had picked up a woman unknown to him, shared wine with her while driving, pulled over to the side of the road and then had no recollection of what followed, presumably because she had introduced a substance into his drink. During the ensuing investigation, the employee revealed he had picked up four or five women on previous occasions over a four-month period and had sex with them without the knowledge of his wife.  As a result, the Department proposed a ten-day suspension based on the charges of Poor Judgment and Notoriously Disgraceful Conduct. (pdf)
  • An FP-04 Diplomatic Security (DS) agent was given a five-day suspension without pay on the charge of Improper Personal Conduct. The charge is based on an incident in a criterion country in which employee (an unmarried person) engaged in consensual sex with a local woman and gave her $60.00 after the sexual activity had concluded. There was no evidence that the woman was a prostitute and there were no witnesses to their encounter. The employee self-reported the incident immediately to his supervisors, who took no disciplinary action. Eighteen months later, the Department opened an investigation and eventually suspended the employee. The deciding official concluded that employee’s conduct had violated two regulations governing behavior subject to discipline: 3 FAM 4139.1 (Sexual Activity) and 3 FAM 4139.14 (Notoriously Disgraceful Conduct). (pdf)

So —

We have so far been unable to locate FSGB cases of “notoriously disgraceful conduct” involving senior Foreign Service officials; certainly nothing at the DCM or COM level. It could be that 1) our search function is broken; 2) the folks are so risk-aversed and discreet that there are no cases involving a single one of them, or 3) potential such cases were swept under the rug, nothing makes it to the public records of the Foreign Service Grievance Board.

Which.Is.It? Will accept breadcrumbs …

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Burn Bag: NEA’s Assistance Coordination office is a complete disaster?

Via Burn Bag:

When will someone on the 7th floor realize that the emperor is naked and NEA’s Assistance Coordination office is a complete disaster? Money wasted, FTEs wasted, and  …  no one knows what they do.

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NEA/AC – Bureau of Near Eastern Affairs/Office of Assistance Coordination
FTE – Full-time employees
7th Floor – the location of the Secretary of State and his immediate and senior staff in the   HST building
Two grants online: Increasing Employment in the MENA Region (est. total funding $5M) and Entrepreneurship in the MENA Region (est.total funding $7M).
MENA – Middle East and North Africa region

U.S. Embassy Kabul Construction Cost: From $625.4M to $792.9M, and Going Up, Up and Away

Posted: 12:55 am EDT

The Government Accountability Office (GAO) recently released its report on Embassy Kabul Construction. Below is a a quick summary:

Since re-opening in 2002, the U.S. embassy in Kabul, Afghanistan, has experienced a dramatic increase in staffing, followed by a gradual drawdown. State has invested or plans to invest a total of $2.17 billion in U.S. facilities to address current and projected space needs. State awarded two contracts in 2009 and 2010 to construct additional on-compound housing and office facilities. State partially terminated one contract for the convenience of the U.S. government, and expanded the construction requirements of the second, affecting cost and schedule.

Schedule and cost: The Embassy Kabul project was originally scheduled for completion last summer but is now projected to be completed in fall of 2017. The cost has also increased from $625.4 million to $792.9 million.

Where two is better than one: Instead of building one temporary vehicle maintenance facility, the State Department ended up  funding two new, temporary vehicle maintenance facilities—one at Camp Sullivan (built by OBO) and one at Qasemi Lot (to be built by DS). Apparently, post officials reported that there are security concerns with using the Sullivan vehicle maintenance facility. And if that’s the case, one wonders why OBO did not scrub the other one, hey?

Which five overseas posts have hardened trailers? According to DS officials, hardened trailers could be required as part of State’s containerized housing and office unit task orders. State reported to the GAO that the hardened trailer specification has been applied to temporary facilities at five overseas posts.

Temporary facilities: As of February 2015, temporary facilities on the embassy compound provided nearly 1,100 desks and 760 beds.

Permanent facilities: Once the current construction is completed, the Kabul embassy’s permanent facilities—both older and newly constructed office and apartment buildings—will contain 1,487 desks and 819 beds. Those totals do not include the desks or beds in temporary offices and housing facilities.

The never ending story: State planning documents, as well as post and OBO officials, identify a continued need for some of the temporary facilities following completion of the permanent facilities in 2017. That would be 875 temporary desks and 472 to 640 temporary beds.  The GAO notes that even with the permanent construction completion “temporary housing will continue to provide between 37 and 44 percent of the available beds on-compound” at Embassy Kabul.

Image via gao.gov

Image via gao.gov

What the GAO found:

  • Cost and schedule have increased for the Kabul embassy construction project, in part due to incomplete cost and risk assessment. Cost for the 2009 and 2010 contracts has increased by about 27 percent, from $625.4 million to $792.9 million, and is likely to increase further. Projected completion has been delayed over 3 years to fall 2017. The Department of State (State) did not follow its cost containment and risk assessment policies, resulting in lost opportunities to mitigate risks. These risks, such as delays in the sequencing of the two contracts, eventually materialized, increasing cost and extending schedule. Unless State follows its policy, it may be unable to avoid or mitigate risks to cost and schedule on future projects.
  • Since 2002, State has built over $100 million in temporary buildings (intended for no more than 5 years’ use) to meet space needs on-compound but has no security standards tailored to those facilities. On completing the project in 2017, all temporary facilities will be 5 to 10 years old, and their continued use is likely.
  • State does not have a strategic facilities plan for Kabul that documents current and future embassy needs, comprehensively outlines existing facilities, analyzes gaps, provides projected costs, and documents decisions made. Lack of such a plan has inhibited coordination and undermined the continuity necessary to address emergent needs at the Kabul embassy.

Too many cooks and constant personnel turnover:

According to State officials in Kabul and Washington, coordination to address the Kabul embassy’s future needs is particularly difficult due to the large number of stakeholders in Kabul and in Washington. Additionally, the constant personnel turnover caused by the 1-year tours served by most management, facilities, and security staff in Kabul results in lack of continuity in decision making. As far back as January 2006, the State Office of Inspector General also identified “the near total lack of institutional memory” stemming from the lack of staff continuity and a “never-ending” learning curve as the most serious impediment to good executive direction at the U.S. embassy in Kabul.

Post and Inter-Bureau Cooperation: Embassy Kabul, DS, OBO

Without a comprehensive plan that provides a strategic framework to document mission needs, catalog existing facilities, analyze gaps, provide projected costs, and document recommendations, the competing proposals of the post’s many stakeholders are difficult to manage, prioritize, and reconcile. As a result, State officials in Kabul said that these meetings suffer from no common vision and a lack of decision making. Consequently, State has been challenged to efficiently address changing embassy needs in several instances on- and off-compound. For example:

      • Interference with on-compound construction—OBO officials in Kabul expressed frustration that proposals for new projects would often conflict with plans previously agreed to by previous post management staff. For example, during our fieldwork, post management proposed to locate a helicopter landing zone near the embassy warehouse. However, according to OBO officials on-site, they had arranged with the previous management team to reserve that space as a staging area for the contractor to build the warehouse expansion. When asked about this, post management officials stated that they had no continuity document that informed them of this earlier decision.
      • On-compound physical security upgrades—DS first requested changes to the embassy compound’s security perimeter in December 2010 and added more requirements in response to attacks against the compound in September 2011. In February 2013, the post urged OBO to provide a project schedule and expedite the upgrades. However, that was not done and as of March 2015 OBO and DS had not reached agreement on schedules and costs for some security upgrade projects.
      • Camp Seitz—In 2013, DS and post management decided to relocate the Kabul Embassy Guard Force from Camp Sullivan and the Protective Security Detail (movement protection) Guard forces from another camp to sites closer to the embassy compound due to security concerns. To facilitate this, DS initiated the acquisition of the Camp Seitz site through OBO. However, according to State officials, DS then began construction of temporary housing at Camp Seitz without submitting the design to OBO for review or applying for a building permit. After OBO became aware of the completed construction, it identified fire safety deficiencies that DS had to correct.
      • Camp Sullivan, Camp Eggers, Qasemi Lot Vehicle Maintenance Facility—As part of the security contractor relocation, post management and DS proposed removing several support facilities, including a vehicle maintenance facility, from an ongoing construction project at Camp Sullivan and transferring them to Camp Eggers. Post management and DS officials stated that once the temporary vehicle maintenance facility on-compound is demolished to make way for apartment buildings 2 and 3, it would be better for security and logistics to build the replacement vehicle maintenance facility close to the compound rather than at Camp Sullivan. However, OBO proceeded to build the Sullivan vehicle maintenance facility because negotiations for the 30 leases required at Camp Eggers were not complete, and OBO was concerned that if an alternative vehicle maintenance facility was not in place, construction of apartments 2 and 3 could be delayed and their costs increased.56 Discussions continued among OBO, DS, and post management, and the proposed vehicle maintenance facility was shifted to Qasemi Lot, a site adjacent to Camp Seitz. OBO decided not to descope the Camp Sullivan vehicle maintenance facility until plans for a replacement facility at Qasemi Lot were approved by OBO and DS had awarded a construction contract with a scheduled completion date prior to the demolition date for the existing vehicle maintenance facility on- compound. As a result, State is funding two new, temporary vehicle maintenance facilities—one at Camp Sullivan (built by OBO) and one at Qasemi Lot (to be built by DS).57

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Secretary Kerry Makes Brief Stop at Mogadishu Airport, First Ever Secretary of State Visit to Somalia

Posted: 2:10 pm EDT

 

On May 5, Secretary Kerry made a brief stop in Mogadishu, the capital of Somalia. He is the first Secretary of State ever to visit Somalia.  He met with Somalian leaders at the Mogadishu airport but did not go into town. State Department official told the press that this is due to “a huge, huge logistical and security challenge.”

“The last thing we need is something to happen when the Secretary is on the ground. And I don’t think we have the confidence of taking him out of – off the grounds of the airport…

[W]e’re making plans to make our presence more enduring in Somalia. As you know, we announced a new Foreign Service career ambassador for Somalia, and once that ambassador is on the ground, our office will continue to be here in Kenya. But once the ambassador is on the ground, we’re going to have a much more enduring TDY footing in Somalia. We’re going to be there much more regularly with a bit of a – a bit more larger footprint.

 

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Below is a quick recap of US-Somali relation via history.state.gov:

1960 | Somalia achieved its independence in 1960 with the union of Somalia, which had been under Italian administration as a United Nations trust territory, and Somaliland, which had been a British protectorate.

1960 | Diplomatic relations were established on July 1, 1960, when the U.S. Consulate General at Mogadiscio (now Mogadishu) was elevated to Embassy status, with Andrew G. Lynch as Chargé d’Affaires.

1969 | The Somali army launched a coup which brought Mohamed Siad Barre to power. Barre adopted socialism and became allied with the Soviet Union. The United States was thus wary of Somalia in the period immediately after the coup.

1977 |  Barre’s government became increasingly radical in foreign affairs, and in 1977 launched a war against Ethiopia in hopes of claiming their territory. Ethiopia received help from the Soviet Union during the war, and so Somalia began to accept assistance from the United States, giving a new level of stability to the U.S.-Somalia relationship.

1980s | Barre’s dictatorship favored members of his own clan. In the 1980s, Somalis in less favored clans began to chafe under the government’s rule. Barre’s ruthlessness could not suppress the opposition, which in 1990 began to unify against him.

1991 | After joining forces, the combined group of rebels drove Barre from Mogadishu in January 1991. No central government reemerged to take the place of the overthrown government, and the United States closed its embassy that same year, although the two countries never broke off diplomatic relations. The country descended into chaos, and a humanitarian crisis of staggering proportions began to unfold.

1991| The U.S. Embassy closed on January 5, 1991, and all U.S. personnel were withdrawn after the collapse of the central Somali government.

1992 | In December 1992, the United States began Operation Restore Hope. President George H.W. Bush authorized the dispatch of U.S. troops to Somalia to assist with famine relief as part of the larger United Nations effort.

A Marine sentry prepares to close the gate to the Joint Task Force Somalia headquarters during the multinational relief effort Operation Restore Hope. (Department of Defense/Joe Gawlowicz)

A Marine sentry prepares to close the gate to the Joint Task Force Somalia headquarters during the multinational relief effort Operation Restore Hope. (Department of Defense/Joe Gawlowicz)

1993 | On October 3, 1993 Somali warlord Muhammad Farah Aideed’s forces shot down two Black Hawk helicopters in a battle which lead to the deaths of 18 U.S. soldiers and hundreds of Somalis. The deaths turned the tide of public opinion in the United States. President Bill Clinton pulled U.S. troops out of combat four days later, and all U.S. troops left the country in March 1994.

See Battle of Mogadishu (1993)

1995 | The United Nations withdrew from Somalia in March 1995.

2013| The United States did not sever diplomatic relations with Somalia. Through the U.S. Embassy in Nairobi, Kenya, the United States maintained regular dialogue with transitional governments and other key stakeholders in Somalia, and after January 17, 2013, with the newly recognized central government of Somalia.

2015 | In February 2015, President Obama announced his intent to nominate Katherine S. Dhanani as first Ambassador to Somalia since 1991. If confirmed, Ms. Dhanani will lead the U.S. Mission to Somalia but will be physically based at the U.S. Embassy in Nairobi, Kenya. See President Obama Nominates FSO Katherine S. Dhanani as First Ambassador to Somalia Since 1991.

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1915 Armenian Genocide — The “G” Word as a Huge Landmine, and Diplomatic Equities

Posted: 4:29 pm EDT

 

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The internal debate is not new.  A good reading would probably be the oral history interview with Ambassador John M. Evans who was ambassador to Armenia from 2004-2006. He lost his job during the Bush II administration after calling the Armenian killings a genocide.  See Country Reader Armenia via ADST. Excerpt below on how the “g” word has become a bureaucratic landmine.

Q: Did you, while you were getting ready, did you touch into the Turkish desk?

EVANS: No, I did not. I had, during my Cox Fellowship, done a lot of reading on Ottoman history. I knew people who had been involved in Turkish affairs, of course; I’d known people all along but at that point I did not make a formal appointment at the Turkish desk.

Q: Well then, did-

EVANS: I should add to that, though, that my old friend Eric Edelman, who had succeeded me as DCM in Prague, was then ambassador in Turkey, and in a very casual encounter we had in the lobby of the State Department he said “John, don’t forget our position on the Genocide is that it was the chaos and fog of war.”

Q: So- Because the genocide or the “g” word was a huge landmine; anybody dealing-

EVANS: It was, first of all, taboo. It was not something we were to discuss. We just learned that; we weren’t told it precisely. I knew from my previous study of Ottoman history that there was a problem around this question. I didn’t know much about the facts of it and I didn’t know much about the definition of genocide, either. But I did start reading about it in the weeks leading up to my departure for Yerevan and I read more about it when I got to Yerevan. I also, before leaving, made a point of calling on the expert in our legal advisor’s office who has the unenviable job of thinking about genocide full time, and I asked him point blank, I said “had it been the case that the Genocide Convention of 1948 was in effect in 1915 would not the events of 1915 have been characterized as genocide?” And he said, “yes, of course. It’s a matter of policy, not fact; it’s a matter of policy that we do not refer to it as genocide.”

Q: Okay, why don’t we take it why? I mean, at the time, we’re talking about 2004, was it? Why was this, I mean, what was the rationale for having a policy not to call it genocide?

EVANS: I was never given a point-by-point rationale for why we did not refer to it as genocide. What I clearly understood, and I think most other people understood, was that it was Turkish official policy to deny that there had been a genocide. Turkey was our good ally, our faithful ally in NATO, had fought with us side by side in the Korean War and so on and so forth. We had big — enormous — strategic interests in Turkey and therefore in deference to Turkish policy we simply did not talk about those times or events.

Q: Did you- still talking about the early days when you were getting ready to go out there- did you chat with anybody else of your colleagues in various positions; did they bring this up or was this sort of-? You know, when you say “Armenia” it sort of- it’s hard almost not to think about the…

EVANS: Well, I did not discuss it with very many people but I did discuss the question with a couple. One was a State Department employee of the Historian’s Office, a man of Armenian background. We had a furtive lunch one day in which he told me what he knew about the question. He told me about Rafael Lemkin, the Polish legal scholar who lost 49 members of his own family in World War II in the Holocaust but who had been led to the study of atrocities and mass crimes by his hearing of the Armenian massacres in his law school days in Krakow and who had asked his professor at that time why was it that if a man commits murder and he is sent to jail whereas if a government murders a million men, women and children there’s no retribution? And his law professor had no answer and so Rafael Lemkin went out to try to find a way to make a crime of these things.

The other person I spoke to before going was, of course, Elizabeth Jones, the assistant secretary. I called on her along with the Armenia desk officer, Eugenia Sidereas. I had noticed that the Background Notes that the State Department furnishes for the use of mostly schools about each country that we have diplomatic relations with said nothing whatsoever about the events of 1915 or massacres of Armenians or anything of the sort, not to mention using the “g” word, but there was absolutely no mention of that period of history, no mention of the fact that millions of Armenians had — or at least some number of Armenians had — fled Ottoman territory and ended up in what was then Russian Armenia. There was no mention of it, whereas our President,  several presidents, had made veiled and euphemistic mentions that went quite far. President Bush had talked about “massacres,” “forced deportations” and used quite…and there was even… the word “murder” had been used in a presidential statement. But the State Department’s Background Notes glossed over it entirely. And I pointed this out to Beth Jones, who’s a very smart and sensible person, and I said “don’t you think that we ought to revise the Background Notes so they at least convey as much knowledge and sympathy as the White House statements that have been made do?” And she said, “yes, I think any issue that’s of interest to our clients,” — meaning the people who read the Background Notes — “ought to be addressed.” At that point the telephone rang and we weren’t able to continue our discussion and we had worked so much together that I felt I had a very good understanding of what she wanted and how she expected her ambassadors to conduct themselves.

Q: Well in a way, when you’re looking at it, you’re trying to have relations with an important country and what’s the point in pulling the scab off, you know? Now, there are reasons for it but you know, we kind of let the Japanese get almost a free ride on World War II, on the rape of Nanking and its behavior in China.

EVANS: Yes. No, I am fully aware of the dilemma that this issue poses and you’ve put your finger on it; it is a dilemma. The dilemma is between the truth of the issue, which is now virtually unassailable when you look at what has been done in the last 20 years by historians and not all of them Armenian-American or Armenian. There are some very distinguished historians, such as Donald Bloxham in the UK (United Kingdom) and others who have made it clear that yes, what happened in 1915 did fit the definition of genocide, whatever the…I mean, it was done against the background of World War I, yes, there had been rebellions by some Armenian armed groups, yes, but if you look at that definition, the shoe fits. The dilemma for us is precisely as you said; we have a loyal NATO ally, a good ally, although in 2003 Turkey’s parliament did vote against our troops going into Iraq through Turkey and that enraged a lot of people on Capital Hill as well as in the Executive Branch. But still, the dilemma here is between historical truth, which is still disputed by Turkey but by no one else, and our diplomatic equities.

Q: First place, with Armenia, how close is- is Armenia really the- sort of the center of Armenians or is this sort of an offshoot or what? Because you’ve got Armenians in Lebanon and Syria and other parts of Turkey and all.

EVANS: Of course the Armenians as a group go way back for thousands of years, probably 3,000 or more years. They’re mentioned in the Bible, they consider themselves to be descendants of Noah’s — one of Noah’s sons — and the real…they were all over the Middle East; in various times they had had their own kingdoms but by the 19th and early 20th century the largest number of Armenians were in the Ottoman realms. The historic dividing line was between those who were in the Persian world, and that included most of the Caucasus and those that were in the Ottoman domains. So when one talks about today’s Armenia it is really on the land that way back in the 18th century was under the Persian shah, but then when the Russians moved into the Caucasus it became Russian Armenia. The genocide struck at the community of the Ottoman Empire but about 60 percent of today’s population of Armenia is descended from, or related to, those Ottoman Armenians who either fell victim to the genocide or escaped it. So in today’s worldwide Armenian community, which is about 10 million, most of those people are descendants of the Ottoman community that was so decimated: they fled to France and the United States and other places.

Q: Did you have a city full of visitors from Armenian communities in the States or elsewhere, like, you know, in France there’s a big Armenian community.

EVANS: We did have visitors from America, not from France, but we…I remember one of the big Armenian community groups, the Armenian Assembly, sent a large contingent through Armenia, through Yerevan, in the fall, it would have been in October or November of 2004, and I addressed them. And I might mention that that was the only time, in all the time I was in Armenia, that the question of the Armenian genocide arose. It never…I was never asked by an Armenian journalist about the genocide but I was asked a question by a member of this traveling group from the Armenian-American Assembly. The man got up and said, “I know what the State Department position is, that there was no genocide, but then how can you explain to me that I had no aunts, no uncles and never knew any grandparents?” And I explained to him that the United States Government had never denied the facts of what had happened in 1915, and to my knowledge we have not denied the facts, but what is at issue is the characterization of those events. And I probably at that time said that there was a question of whether there was “intent” on the part of the Ottoman officials.

Now, I should say a word about the Genocide Convention, if I may, because it was during this time that I became better educated on what the Genocide Convention really says. And what I discovered is that most of us Foreign Service officers are woefully ignorant about what the Genocide Convention says is genocide. There are basically four conditions that have to be met. First of all, “one or more persons” needs to have been killed. Now, that’s not very many: “one or more.” The group must be a “national, ethnic, racial or religious group.” It says nothing about political groups. There must be “intent” on the part of the perpetrators to do away with the group “as such,” to eliminate the group “in whole or in part”; that’s the terminology: “in whole or in part.” And the fourth condition is that these actions must take place in the context of a “manifest pattern of such actions in the past,” of discrimination against the group in the past. So all those conditions need to be met for it to be considered genocide and what had seemed to be missing was the “intent to destroy, in whole or in part” members of the group.

Now, we have never found and probably nobody ever will find, a firman signed by the sultan or orders in cabinet saying, “destroy the Armenians.” In the case of the Holocaust we still have no written order by Hitler to destroy the Jews and we probably never will find that, although we do have Hitler’s signature on the Nuremburg Laws. That’s not the way these things happen. The word gets out there what’s to be done but it’s not…there’s no good paper trail because in the case of such a crime one would be a fool to leave such a paper trail.

But in 2003 and 2004, under the leadership of Marc Grossman, who had been Under Secretary of state for political affairs, there was organized something called the Turkish Armenian Reconciliation Commission, and that group was an independent, track-two kind of group composed of some well-known Turks and Armenians and it was called the TARC. David Phillips was the executive director of if and this Turkish Armenian Reconciliation Commission looked at the events of 1915, looked at the Genocide Convention, and came to the conclusion that at least some of the perpetrators of those events did know that their actions would lead to the destruction of the Armenians of Anatolia and therefore to refer to those events as genocide was fully justified, and that journalists and historians and others would be fully justified to continue to use that term. But, at the same time, the Genocide Convention could not be invoked ex post facto to — in a legal sense — bring anyone to justice. So, in short, what this commission basically decided was that historically it was a genocide but in legal terms to press that claim against the government of Turkey would be unsuccessful. And I think that was a fairly wise way of splitting the difference. All the perpetrators of those events are now, by definition, gone, most of the victims are gone. There are only…there are fewer than a hundred very old people now who were small children in 1915 and so it seems to me that’s a fair way of splitting the difference, to let the Armenians call it genocide in a historical sense but not to try to pin that crime on the Turkish state or the Turkish people today. And I was…I made myself familiar with those findings, they were brought to my attention; I met with one of the people who had worked on that and I must say I thought this was a very reasonable way forward.

Q: Well then, was sort of the bureau pushing on all this or was this something that you all thought should be done?

EVANS: Well, neither. I mean, the EUR Bureau was just carrying on its daily business as it does every day, driven by the news on the front page primarily. There was no desire to unearth old history. But it was around this time that I was asked to make a speaking tour through the United States, particularly to communities where there was a dense population of Armenian-Americans. So I was scheduled to make a tour, a speaking tour, in February 2005, starting in New York, moving up to Boston and then going to the West Coast to Los Angeles, which is the biggest concentration of Armenians in the United States, and then to San Francisco. And it was right about this time in the beginning of late January of 2005 that my wife flew back to the United States to be with our daughter, who had discovered that she needed to get a divorce from her then-husband and she was emotionally a wreck. So my wife came back to the United States, leaving me in Yerevan with a lot of books to read, and one of those books was the very fine Pulitzer Prize winning book called “Genocide: A Problem from”– no, it’s called “A Problem from Hell: America and Genocide” by Samantha Power. And so I had time to read that. And I also read a compendium of essays edited by Jay Winter of Yale University; I think it’s called “America in the Age of Genocide.” In the same period I read Peter Balakian’s prize winning book called “The Burning Tigris,” which was also about America’s response to the Armenian genocide. So whereas most ambassadors don’t have much time to read, the absence of my wife and a fairly quiet winter social season left me in my library consuming these books and becoming more and more disturbed about the dissonance between established historical fact about what happened in 1915 and U.S. policy, which seemed to me to be very much propping up the Turkish official denial of what had happened in 1915. So I became more and more, as the date for beginning my speaking tour in America came closer and closer, I realized that I was facing a huge dilemma here. I knew that I was expected to repeat the tired old message that we didn’t take a position on the genocide, that we questioned whether there had been “intent” and so on, and yet I had read enough by this time to realize that the great preponderance of historical opinion was that indeed, there was no question about it, yes, there was a genocide of the Armenians that took place 1915 through ’18. So I set off for the United States not knowing how I was in the end going to respond to questions about the Armenian Genocide.

There’s something else I ought to add at this point, Stu, about the period we were living in, and that is that our Secretary of State, Colin Powell, who I had huge admiration for, had in September of 2004, after a State Department study of the matter, Colin Powell had come out and said that he thought that what was happening in Darfur in the Sudan did constitute genocide. That was a very brave thing for him to have done. I agreed with him from what I knew of that situation and his action emboldened me to endeavor not simply to be a bystander on a question of genocide but to stand up and say something about it. Even though it was 90 years in the past I felt that someone needed to take a stand on this issue and call it what it was. I knew that this would cause difficulty for me, I knew that it was contrary to the policy of the State Department and yet I felt that I was caught in a terrible dilemma between knowingly distorting the facts of history or coming clean and trying to deal with the facts while explaining the reasons for our policy, and that was the trap that I — or those were the horns of the dilemma — that I faced. And I must say that I really didn’t know when I set out on that speaking trip which course I would take.

We will post separately the lead up to Ambassador Evan’s dismissal and eventual retirement after he used the word “genocide” during a speaking tour in California.

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New Front in Regional Chaos: Saudi Arabia Launches Air Strikes Against Houthis in Yemen

Posted: 6:15 pm PDT

 

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Burn Bag: The situation regarding spousal employment … probably the most honest response yet

Posted: 1:40 pm EDT

 

“Yes, we devote more and better lip service to the problem every year.”  

ll1ucy_reaction gifs

Image via reactiongifs.com

— an unnamed regional bureau wag’s response when asked if the situation regarding spousal employment had improved over the years.

 

 

US Embassy Saudi Arabia Cancels All Consular Services for March 18 (Day 4)

Posted: 1:41  am EDT

 

 

Related posts:

 

US Embassy Tunis September 2012 Attackers Get Prison Terms of Two to Four Years

Posted: 02:12 EST

 

On February 18, France 24 reported that Tunisia’s appeals court sentenced 20 men convicted of participating in a 2012 attack on the US embassy to prison terms after an initial ruling was deemed too lenient.

In May 2013, all 20 men were all given two-year suspended sentences for ransacking the diplomatic mission, as well as the American school, alongside hundreds of protesters enraged at an online US-made film trailer they deemed critical of Islam.

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The State Department was asked about the verdicts and here is its official response:

“The verdicts issued by the Appellate Court reflect a serious response to the September 2012 attack on U.S. Embassy Tunis. That said, we remain disappointed that justice in this case has been delayed so long and remains incomplete with several key suspects still at large. We hope that all those responsible for the attack on the U.S. Embassy and the American Cooperative School of Tunis will be brought to justice without further delay.”

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Burn Bag: What’s ‘off the record’ about Assignment China?

 

“Why are we still downplaying the enormous health impact to officers and their families serving in China? Why are State MED officers saying ‘off the record’ that it is irresponsible to send anyone with children to China and yet no one will speak up via official channels?

Hello AFSA …. EAP …. HR… Anyone? And the band played on …. ”