Some Top Attractions From 2013 – Goodbye Old Year, and Happy New Year!

— Domani Spero

 

Embassy Row’s Dirty Little Secret: Abuse of Migrant Domestic Workers by Diplomats

Near, far, wherever you are, Benghazi will go on and on … oh, but do you want to buy a Benghazi thong?

US Embassy Ukraine Gets High Marks and Yay! State/OIG Now Discloses Names of Inspectors

US Mission Kenya: USAID FSN’s Wife Ruhila Adatia-Sood Killed at Westgate Mall Attack

US Embassy Malta Gets a Viral Video But — Not the Kind You Want

$630K To Buy Facebook Fans — Is That Really Such a Sin? Only If There’s Nothin’ But Strategery

After 1,989 Day-Vacancy — President Obama Nominates Steve Linick as State Dept Inspector General

Raymond Maxwell: Former Deputy Asst Secretary Removed Over Benghazi Pens a Poem

State Dept Issues New Guidance for 2013 Fourth of July Embassy Events – More Zombies, Please

State/OIG on Diplomatic Security’s Special Investigations Division – The Missing Firewall

In the Foreign Service: Death, Too Close An Acquaintance

2012 State Dept Annual Awards: Greatest Achievements in Many Fields, Mostly By Men

 

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Reposting below U.S. Embassy Bangkok’s New Year 2014 video. Wishing you all a more peaceful and prosperous new year. DS

 

 

 

 

 

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Balwinder Singh aka ‘Happy’ Charged with Conspiring to Provide Material Support to Terrorism Groups in India and Pakistan

— Domani Spero

The day after Preet Bharara, the United States Attorney for the Southern District of New York, announced the arrest of  Indian diplomat Devyani Khobragade for visa fraud and false statements and caused a diplomatic row, another arrest in Reno, Nevada of Indian national  and U.S. legal resident, Balwinder Singh for conspiring to provide material support to terrorism groups in India and Pakistan barely made the news.

Below via USDOJ:

Reno Man Charged with Conspiring to Provide Material Support to Terrorism Groups in India and Pakistan | December 13, 2013

A Reno, Nev. man has been charged with providing material support to terrorism groups in India and Pakistan in order to intimidate the Indian government and to harm persons that were not supporting their cause, announced John Carlin, Acting Assistant Attorney General for National Security, Daniel G. Bogden, U.S. Attorney for the District of Nevada, and Laura A. Bucheit, Special Agent in Charge of the FBI for Nevada.

“A thorough investigation and cooperation among agencies led to these charges,” said U.S. Attorney Bogden.  “Investigating and prosecuting matters of national security is the top priority of the U.S. Department of Justice.”

Balwinder Singh, aka Jhajj, aka, Happy, aka Possi, aka Baljit Singh, 39, of Reno, is charged in an indictment with one count of conspiracy to murder, kidnap, and maim persons in a foreign country, one count of conspiracy to provide material support to terrorists, one count of making a false statement on an immigration document, two counts of use of an immigration document procured by fraud, and one count of unlawful production of an identification document.   Singh was arrested on Tuesday, Dec. 17, 2013, in Reno, and is scheduled to appear before a U.S. Magistrate Judge on Friday, Dec. 20, 2013, for an initial appearance and arraignment.

“After an extensive investigation, the FBI-led Joint Terrorism Task Force (JTTF) of Northern Nevada has disrupted an individual’s involvement in facilitation activities in support of a foreign terrorist organization, targeting an ally of the United States,” said FBI Special Agent in Charge Bucheit. “We will continue to work with our international partners to prevent acts of terrorism on U.S. soil or, as in this case, on that of an ally. This investigation demonstrates the importance of law enforcement coordination and collaboration here and around the world.”

According to the indictment, Singh was a citizen of India who fled to the United States and claimed asylum.  Singh lived in the United States where he eventually obtained a permanent resident card from the United States.  The indictment alleges that Singh is a member of two terrorist organizations, Babbar Khalsa International (BKI) and Khalistan Zindabad Force (KZF), whose members aim to establish an independent Sikh state in part of the Punjab region of India known as Khalistan. These groups engage in bombings, kidnappings and murders in India to intimidate and compel the Indian government to create the state of Khalistan.  These groups also target for assassination persons they consider traitors to the Sikh religion and government officials who they consider responsible for atrocities against the Sikhs.

The indictment alleges that the object of the conspiracy was to advance the goals of BKI and KZF by raising money and obtaining weapons to support acts of terrorism in India.  It is alleged that the conspiracy began on a date unknown but no later than Nov. 30, 1997.  It is alleged that Singh used a false identity and obtained false identification documents in the United States so that he could travel back to India without being apprehended by the Indian authorities.  It is alleged that Singh communicated with other coconspirators by telephone while he was in the United States to discuss acts of terrorism to be carried out in India.  It is alleged that Singh sent money from Reno, Nev., to co-conspirators in India for the purchase of weapons that would be provided to members of the BKI and KZF to support acts of terrorism in India. It is alleged that Singh traveled from the United States to Pakistan, India, and other countries to meet with coconspirators to assist in the planning of terrorism in India, and that Singh provided advice to coconspirators about how to carry out acts of terrorism.

If convicted, Singh faces up to life in prison and fines of up to $250,000 on each count.

The case is being investigated by the FBI-led Joint Terrorism Task Force in northern Nevada, and prosecuted by Assistant U.S. Attorneys Sue Fahami and Brian L. Sullivan, and Trial Attorney Mara M. Kohn of the U.S. Department of Justice Counterterrorism Section.

 * * *

In related news, on December 18, in a widely reported retaliation for the treatment of its diplomat in New York, the Indian government removed the security barriers at the U.S. Embassy in New Delhi.

On December 25, Hindustan Times  writes about the “rumblings” in the U.S. Congress over the removal of the security barriers:  “We can understand the anger and the other measures,” said a senior congressional aide on condition of anonymity, “but removing the barriers has raised security concerns.

On December 29, the Times of India says that Indian officials speaking on background refuted “the US suggestion that they were being vengeful towards the US diplomatic corps and endangering the US embassy.” Seriously.  That’s why there was full press court and cameras when it took the muscular response of dismantling the concrete security barricades and spike strips around Embassy Delhi.  So apparently, the security barriers now have its own mini-drama. The TOI report says  that “A decision to remove the barriers was taken several weeks back when the US side removed a diplomatic parking lane in front of the Indian embassy in Washington DC (that also served as security perimeter) and turned it into public parking.”

Coincidences bumping into each other on the dark side of the moon.

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Peter Kaestner: One of World’s Top Birders and Our Man in Northern Afghanistan

— By Domani Spero

We have written previously about the US Consulate in Mazar-e-Sharif in September 2009 (see New US Consulates Opening in Afghanistan), in December 2009 (see US Consulate in Mazar-e-Sharif Moving Forward) and in May 2012 (See US Consulate Mazar-e-Sharif: $80 Million and Wishful Thinking Down the Drain, and Not a Brake Too Soon).

That $80 million did wonders to the Mazar Hotel, but in 2012, WaPo reported that “American officials say they have abandoned their plans, deeming the location for the proposed compound too dangerous.”  We sent an inquiry to US Embassy Kabul concerning plans for the consulate but our email got the loud silent treatment that we’ve come to expect from our public affairs professionals there.  We understand from other inside sources that the US Consulate in Mazar is continuing operation in its interim facility with no clear plans on what happens in 2014 in terms of new location, funding or staffing. For now, it appears that the consulate does not have a building to move into or even a website. It does have a Facebook page here. And we have senior diplomat Peter Kaestner as the State Department’s Senior Civilian Representative to Northern Afghanistan. Correct us if we’re wrong, but if our recollection is right, this position serves as Principal Officer of the consulate in Mazar-e-Sharif and concurrently as Senior Civilian Representative to the International Security Assistance Force’s Northern Regional Command.

Peter Kaestner, Senior Civilian Representative to Northern Afghanistan, visited Hairaton bridge on the border with Uzbekistan. During his visit he reviewed the Afghan Border Police barracks that had been renovated with U.S. funding and visited the Afghan side of the bridge to Uzbekistan, which will be renovated with U.S. financial support. (Photo via US Consulate Mazar/FB)

Peter Kaestner, Senior Civilian Representative to Northern Afghanistan, visited Hairaton bridge on the border with Uzbekistan. During his visit he reviewed the Afghan Border Police barracks that had been renovated with U.S. funding and visited the Afghan side of the bridge to Uzbekistan, which will be renovated with U.S. financial support.
(Photo via US Consulate Mazar/FB)

Besides being a diplomat, Mr. Kaestner is also a world-renowned birder. He has been birding since he was a child and now has one of the top ten world bird lists, having seen 8471 different species. He is recognized as the first person to see all the bird families, and he discovered a new species of bird when he was stationed in Colombia.  In Surfbirds World Bird Species Life List, Mr. Kaestner is ranked #8 and is one of only two Americans in the top 10 ranks. Last year, British birder, Tom Gullick, 81, become the first person in the world to officially see 9,000 species of bird.  For the North American Hollywood version of this competition, see The Big Year with Steve MartinJack Black and Owen Wilson.

Mr. Kaestner has not forgotten his birding even in Northern Afghanistan.  US Consulate Mazar’s FB post says that  in addition to his regular duties, Mr. Kaestner has been busy studying the birds around Mazar-e Sharif and sends out an invitation:  In the coming weeks and months, Peter will be sharing information about the birds that he has seen in Afghanistan. If you have any questions about birds you, please send them to us. If you have a photo, he will be able to help identify the species.

Mr. Kaestner made some quick posts on a few birds (bird emoticons used below are from here):

SCR Kaestner’s birding blog: One of the most characteristic birds of Mazar-e Sharif is the Kabooter Safed, or White Pigeon. Like the Blue Mosque where they live, the White Pigeons of Mazar have been associated with the city since the 12th century. Tradition says that the pigeons are white as a reflection of the peace and purity of the mosque – and that the pigeons that live at the Mosque become pure white. This must be true, because I saw a white pigeon near the Mazar Airport that was not pure white! The white pigeon is descended from the Rock Pigeon, a wild bird that lives in the rocky cliffs in the mountains of Balkh Province.

Image via USConsulate Mazar/FB

Image via USConsulate Mazar/FB

SCR Kaestner’s Birding Blog: One of the most attractive birds around Mazar is one that most people have never seen. The Goldfinch is a widespread bird in the Palearctic faunal zone, and very familiar in Europe. The Central Asian form of the Goldfinch lacks black on the head and has a much longer bill. It is possible that some day our Goldfinch will be recognized as a separate species by taxonomists (scientists who study the classification of living things). Birders appreciate when such changes are made, since it means another bird can be added to their bird total.

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CR Kaestner’s Birding blog: Birds that live near people are often characterized by their adaptability. The starling family has several species that have become familiar around human habitation, especially in cities. The Common Myna is an easy bird to identify, with its bare yellow face and large white wing patches. They often feed on the ground, and will eat most anything. A species of Myna in southern Asia, the Hill Myna, can be trained to talk! This forest species has become rare in some areas because they are trapped to be sold as pets. Birders can only count birds in their native environment, not in cages or zoos.

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SCR Kaestner’s Birding blog: Another family that does well around humans are the crows. The most common corvid in Mazar is the Eurasian Magpie. It is easily identified by its large size, long tail, and white wing feathers. Magpies are omnivorous, meaning that they eat a variety of things. Members of the crow family are renowned for their intelligence – a trait not usually associated with birds. Indeed, one crow (in New Caledonia) uses tools in nature, and has been shown to solve complex tasks. We’ll discuss crows and ravens later.

ˎ₍•ʚ•₎ˏ

More on Afghanistan birds here and here.  In 2009, researchers for the Wildlife Conservation Society discovered the breeding area of the large-billed reed warbler—dubbed in 2007 as “the world’s least known bird species”—in the remote and rugged Wakhan Corridor of the Pamir Mountains of north-eastern Afghanistan. According to WCS, the first specimen of the large-billed reed warbler was discovered in India in 1867; the next was not spotted until 2006, in Thailand. Isn’t it interesting that the bird that has been spotted just twice previously in over 100 years was found breeding in Afghanistan?

In June this year, BBC News reported that Afghanistan’s Environment Protection Agency, Mustafa Zahir, told a local TV news channel that nearly 5,000 birds are smuggled out of the country every year.  The birds include falcons and Houbara Bustards – the latter apparently, widely prized as quarry by hunters in the Gulf.

For some bird photos, see Afghanistan Birds on Pinterest, that European Bee Eater is  one showy and gorgeous bird!

Related posts:

 

 

 

 

If True That Foreign Diplomats in the U.S. Are “Eligible” for Medicaid — That’s Absolutely Bonkers!

— Domani Spero

In early December, Preet Bharara, the United States Attorney for the Southern District of New York, and George Venizelos, the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced charges against 49 current or former Russian diplomats or spouses of diplomats employed at the Russian Mission in the United States for participating in a widespread fraud scheme from 2004 to August 2013 to illegally obtain nearly
$1.5 million dollars in Medicaid benefits. (See 49 Russian Diplomats/Spouses Charged With Picking Uncle Sam’s Pocket in Medicaid Scam).

On December 6, during the Daily Press Briefing, the State Department deputy spokesperson, Marie Harf said this:

“We routinely inform all foreign missions in the U.S. – most recently we did this in November – that we expect their personnel to maintain health insurance coverage. So under U.S. law, nonimmigrants, which diplomats fall under in this case, who meet certain eligibility criteria may apply for and receive federally funded medical care.”

Whaaat?!

Lest we get all excited, this is the same spokesperson, of course, who could not say what appropriate consular assistance is provided when an American citizen dies abroad.  Or who says from the podium that “It’s not for any State Department official to sign off on any arrests, right, even regarding a foreign diplomat.”  Whoops!  (We heard that the Special Agents of the Diplomatic Security Service toppled over in their swivel chairs when the clip aired on YouTube).

Then on December 14, UPI reported that “Russia’s Foreign Minister Sergei Lavrov said “some of the diplomats accused of glomming on to the U.S. healthcare system were actually entitled to do so.”

Entitled to do so?  As in  a legal right or a just claim to receive it?

On December 16, Interfax also reported that Moscow is “already taking disciplinary measures in relation to the Russian diplomats accused in the U.S. of unlawfully receiving Medicaid benefits to cover the pregnancy and childbirth costs.”

The report quotes Russian Foreign Minister Lavrov saying, “This is a disciplinary offence, because, by being insincere in filing applications and citing inaccurate figures to receive some benefits, they violated the host country’s norms and rules, which a diplomat has no right to do. I’d like to stress once again: they are being subjected and will be subjected to disciplinary action.”  Now, the same report repeats this notion that some of the Russian diplomats were “entitled” to apply for such assistance due to their low income:

“We have looked into this. First, the allegation that none of them was entitled to this because they are foreigners is wrong. There are different laws in various states of the U.S. that allow for using Medicaid benefits by foreigners. Second, it is not quite true that the Russian diplomats’ incomes did not make them eligible for receiving such payments through Medicaid,” he said.

“We have studied the files of the said colleagues, and it turned out that at least some of them had salaries that entitled them to apply for such assistance from the U.S. fund at that moment. 

How bonkers is that?  That American taxpayers are subsidizing the health care cost of foreign diplomats in the United States.  Which part of this makes sense? Medicaid is a federally funded program designed to assist low-income families afford health care. And in this case, if the allegations are true, Russian diplomats took public assistance that would have been  helpful to low income Americans.

The big question now is — can we also call this foreign aid?

Screen Shot 2013-12-26

Extracted from Medicaid Renewal Form
(click image for larger view)

Now Congress wants to know Whiskey Tango Foxtrot is going on here. The SFRC is missing on this but U.S. Rep. Ed Royce (R-CA), Chairman of the House Foreign Affairs Committee, recently expressed “serious concern about foreign diplomats receiving, and reportedly defrauding, U.S. Government-funded benefits programs.” In his letter to Secretary Kerry, Chairman Royce requested a meeting plus written answers to the following questions:

1.      How will the Administration treat the 11 named defendants who, according to the U.S. Attorney, remain in the United States?  Will you ask the Russian government to waive their immunity so that they can be prosecuted?  If not, will the Department declare them persona non grata?

2.      How will the Administration treat the 38 named defendants who, according to the U.S. Attorney, no longer reside in the United States?  Will you request that they be extradited to stand trial?  If not, will the Department impose a U.S. visa ban on them?

3.      How will the Administration treat the unindicted co-conspirators at Russian diplomatic offices in the U.S. who allegedly advised and assisted the named defendants by supplying false documentation to New York officials in support of the fraudulent Medicaid claims?

4.      Will the Administration bill the Russian government for the Medicaid benefits its personnel fraudulently used?  If not, how will New York State’s Medicaid program be compensated for the loss?

5.      On December 5, 2013, Department of State Deputy Spokeswoman Marie Harf said, “We are still…reviewing the charges that were unsealed.”  How closely did the U.S. Attorney, Department of Justice, or Federal Bureau of Investigation cooperate with the Department of State during the investigation?  What steps did the U.S. Attorney take to coordinate with the Department of State before filing the complaint on November 18, 2013 or unsealing it on December 5, 2013?

This situation also raises a number of important questions about government programs that provide benefits to foreign diplomats.  I therefore would appreciate written answers to the following questions not later than January 13, 2014:

6.      On December 6, 2013, Department of State Deputy Spokeswoman Marie Harf stated that foreign diplomats in the United States “who meet certain eligibility criteria may apply for and receive federally funded medical care.”  What are the medical programs for which foreign diplomats may be eligible?  What are the eligibility criteria?  Over the last 10 years, how many foreign diplomats have used these programs?  What was the total cost of the benefits provided?  Please provide these data sorted by foreign diplomatic mission or international organization.

7.      Are foreign diplomats eligible for government-funded benefits other than Medicaid (e.g., Temporary Assistance to Needy Families or the Supplemental Nutrition Assistance Program)?  If so, which programs and what are the eligibility criteria?  Over the last 10 years, how many foreign diplomats have taken advantage of these programs?  What was the total cost of the benefits provided?  Please provide these data sorted by foreign diplomatic mission or international organization.

8.      Is the Administration aware of other cases where foreign diplomats fraudulently or inappropriately obtained Medicaid or other government-funded benefits?  Please provide the details of these cases, including the cost of any benefits that were inappropriately obtained.

9.      What is the Administration doing to ensure that foreign diplomats cannot inappropriately obtain government-funded benefits in the future?  Has the Administration asked relevant government benefit agencies to check their rolls for the names of foreign diplomats?  Does the Department regularly provide a list of foreign diplomats to relevant government benefit agencies?

And — if some foreign diplomats in the United States are “eligible” for Medicaid, how about some of their underpaid domestic workers, are they eligible, too?

Oh, for god’s sakes, maybe the State Department should just publish a handbook of freebies.

 

 

 

 

 

 

Presidential Christmas and New Year Greetings to U.S. Diplomatic and Consular Staff, Families, c.1933

— Domani Spero

David Langbart of the National Archives writes that “the Great Depression had a serious negative impact on the situation of American diplomatic and consular officials overseas.  Toward the end of President Franklin D. Roosevelt’s first year as president, he sent the following note to Secretary of State Cordell Hull (best known as the longest serving Secretary of State, holding the position in FDR‘s administration from 1933–1944).

[Source:  Record Group 59: General Records of the Department of State, 1930-39 Central Decimal File, File: 120/152.]

FDR.HOLIDAYS.0001

More from the National Archives:

Ten days after the President’s request, Secretary Hull sent him a draft.  In a cover letter, the Secretary of State noted that the holiday greeting could be addressed to the head of all American diplomatic missions – Ambassadors, Ministers, Ministers Resident, Diplomatic Agents, and Charges d’Affaires – who would communicate the message to consular officers over whom they had jurisdiction.  Because there were a number of consular officers not under the jurisdiction of a diplomatic officer, Hull suggested that a circular instruction be sent in such cases.  Ultimately, to ensure that all consular officers received the greeting, it was sent under cover of a circular instruction to all consular officials.

After approval by the President, the Department prepared the letters for his signature and then staggered their dispatch in the diplomatic pouch so that they would arrive in the week before Christmas.

The President’s message read:

As the year draws to a holiday pause before its

close, I take much pleasure in sending out to you and

through you to your personal and official family, and

to the Foreign Service staffs in [name of country], my

heartiest good wishes.  Your loyal and intelligent

cooperation with us in Washington has made these

recent months of our association a source of great

satisfaction and encouragement to me in this important

period of our country’s development.

In offering my best greetings for Christmas and

the New Year, I look forward in confident anticipation

to continuing mutual cooperation in 1934.

 

Some Foreign Service officers responded to the President’s message.  Their comments make it clear that the message had its intended positive effect.  Roosevelt sent similar messages in future years.

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Happy holidays to you and yours!

Mutlu Bayramlar!

Tanoshii kurisumasu wo!

Buone Feste!

Felices Fiestas!

D☃S

From U.S. Embassies in Warsaw, Bangkok, Dublin, Kampala, Oslo, Sofia – A Merry Christmas & A Happy New Year

— Domani Spero

U.S. Embassy Warsaw, Poland

Employees from the U.S. Embassy in Warsaw and the U.S. Consulate General in Krakow along with their families with their “Jingle Bell Rock”cover recorded by American diplomats in Poland with the support of musician Stan Breckenridge, U.S. Distinguished Chair Fulbright Scholar to Poland from California State University, who is currently in Poland on the Fulbright Scholarship at Jagiellonian University. The video was created on the streets of Warsaw and Krakow. The clip includes Ambassador Stephen D. Mull, see the 00:12 mark.  Last year, they did All I Want For Christmas Is You.

U.S. Embassy Bangkok, Thailand

The U.S. Embassy Bangkok and U.S. Consulate General Chiang Mai wishing  their  Thai friends a happy new year.  The clip below includes Ambassador Kristie Kenney on a motorbike at the 00:20 mark. In 2012, they did this video to the tune of Ruen Rerng Ta-lerng Sok by Soontaraporn.

U.S. Embassy Dublin, Ireland

With some cute little munchkins in the “town of the hurdled ford.”

U.S. Embassy Sofia, Bulgaria

U.S. Embassy Kampala, Uganda

U.S Mission Uganda wishing the Ugandan people a very Merry Christmas and Happy New Year. Americans at the embassy do their best to send holiday greetings in a few Ugandan languages: Luganda, Kiswahili, Kinyarwanda, Luo and Runyankore.  Is that Ambassador Scott DeLisi at the 00:09 mark?

U.S Embassy Oslo, Norway

American diplomats tried to pronounce Norwegian words and phrases that relate to Christmas — Kålrabistappe – mashed rutabaga, Dorullnisse – “toilet roll santa,” Marsepangris – “marzipan pig,” Pepperkakemann – gingerbreadman, God Jul – Merry Christmas and more.

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Embassy Row’s Dirty Little Secret: Abuse of Migrant Domestic Workers by Diplomats

— Domani Spero

The logic behind a restrictive interpretation of functional immunity is that while a diplomat may be protected from some distractions to aid his purpose, there ought to be no need for him to violate the laws of his host state to do so. As many legal scholars have pointed out, a diplomats behaviour in his host country is best described by the Arabic proverb, يا غريب خليك أديب (ya ghareeb, khalleek adeeb) – O stranger, be thou courteous. — Jaideep Prabhu 

Back when ….

In 2007, the Department of State reported that some foreign diplomats may be abusing the household workers they brought to the United States on A-3 or G-5 visas.  A subsequent Government Accountability Office (GAO) report the following year revealed that 42 household workers with A-3 or G-5 visas alleged that they were abused by foreign diplomats with immunity from 2000 through 2008. The GAO believes the total number of alleged incidents since 2000 is likely higher for four reasons: household workers’ fear of contacting law enforcement, nongovernmental organizations’ protection of victim confidentiality, limited information on some cases handled by the U.S. government, and federal agencies’ challenges identifying cases.

Via GAO 2008

Via GAO 2008

Each year, the State Department issues A-3 and G-5 visas to individuals whose employers are foreign diplomats on official purposes in the United States. Most of these individuals are hired to work for foreign diplomats in the District of Columbia, Maryland, New York, or Virginia. According to the 2008 GAO report, for fiscal years 2000 through 2007, 207 U.S. embassies and consular posts overseas issued 10,386 A-3 visas and 7,522 G-5 visas.

Recent State Department statistics indicate that from 2008 through 2012, it issued 5,330 A-3 visas to attendant, servant, or personal employee of A1 visa holders (ambassador, public minister, career diplomat, consul, and immediate family) and A2 visa holders (other foreign government official or employee, and immediate family).  It also issued 4,196 G-5 visas to attendant, servant, or personal employee of G1 through G4 (international organization officials and representatives).  That’s about a 50% decrease on A-3 visas and a 44% decrease in G5 visas issued since 2008. What might have accounted for that huge drop?

How about the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008?  Click here for the laws on trafficking in persons dating back to the year 2000.

In any case — five years ago today, President George W. Bush signed the TVPRA to combat human trafficking. Section 203 of the Trafficking Victims Protection Reauthorization Act of 2008 requires the secretary of state to suspend  the issuance of A–3 visas or G–5 visas to applicants seeking to work for officials of a diplomatic mission or an international organization, if the Secretary determines that there is credible evidence that 1 or more employees of such mission or international organization have abused or exploited 1 or more nonimmigrants holding an A–3 visa or a G–5 visa, and that the diplomatic mission or international organization tolerated such actions.

No secretary of state has ever exercise the authority to suspend any diplomatic mission despite some repeat offenders. For a look at what the State Department has done/not done when it comes to TVPA and domestic employees of foreign diplomats in the United States, read Janie A. Chuang’s critical paper on Achieving Accountability for Migrant Domestic Worker Abuse in the 2010 North Carolina Law Review.  One of the sections talks about the State Department’s “Failure to Use Power to Name, Shame, and Deter Wrongdoers.”

Chief of Mission Accountability

In 2008, the State Department through USUN sent this note verbale on the Treatment of Domestic Workers at UN Missions.

Recently, the host country has learned of a number of allegations of trafficking in persons with respect to domestic workers, including allegations of involuntary servitude and physical abuse. For example, this Mission has periodically been informed of instances where wages actually paid are less than those stipulated in an employment contract; where passports have been withheld from employees; where the actual number of working hours is considerably greater than those initially contemplated and no additional pay is provided; and where an employee is forbidden from leaving an employer’s premises even when off-duty. The United States Mission takes seriously any such allegation brought to its attention and refers these cases, as appropriate, to the United States Department of Justice for review and investigation.  
[…]
The United States Mission also wishes to advise the Permanent Missions that its commitment to fair and reasonable labor conditions is consistent with its commitment to human rights and, further, comports with the practice of other governments and with the requirements imposed by international organizations on their employees who have foreign domestic workers.  Although the United States recognizes that the great majority of diplomats and Mission personnel are law-abiding members of the United Nations community, it is necessary to periodically re-circulate and update information regarding United States laws, regulations and policies regarding the employment of personal domestic servants.
In fact, if you take a look at this archive of diplomatic notes, it is clear that the treatment of domestic employees, their contracts, prevailing wage, pre-notification requirements are recurring subjects.

In a 2009 diplomatic note, the State Department puts the heads of missions on notice that they are generally accountable for the treatment of domestic workers employed by their mission. We presume that this is a recurring reminder that the State Department sends to all diplomatic missions in the United States:

The United States Mission looks to the Permanent Representatives to be responsible for the conduct of the members of their missions and for ensuring that their treatment of domestic workers in their employ evidences respect for all relevant United States laws. In this regard, it is  recommended that the Permanent Mission maintain copies of the signed domestic worker contracts and be able to review such contracts, as well as records of payments made to each domestic worker, in the event that the United States Mission seeks assistance if faced with credible allegations of a mission member’s mistreatment of a domestic worker.

The United States Mission and/or the Department of State refer credible allegations of abuse of domestic workers by mission members which may constitute criminal conduct to the United States Department of Justice. In that context, the United States Mission and the Department of State may take other appropriate action, including, based on the determination by an appropriate prosecuting authority that prosecution is warranted, a request for a waiver of any applicable immunity. Mission members are not only expected to pay the greater of the minimum or prevailing wage and abide by other contract terms, but they should also be aware that in the United States, withholding a person’s passport maybe evidence of the crime of trafficking in persons if it is done with the intent of keeping that person in a state of forced labor or service.

In the Trafficking in Persons Report 2010, the State Department notes the following:
Worldwide, domestic workers employed by diplomats suffer abuses ranging from wage exploitation to trafficking offenses. Diplomats are government officials who serve their governments abroad and are generally able to apply for visas enabling domestic workers – often from third countries – to accompany them on their foreign assignments.
Because domestic servants working for diplomats work behind closed doors – cleaning, cooking, and caring for children – they can become invisible to the neighborhoods and communities they live in. Domestic workers brought into a country by diplomats face potentially greater isolation than other workers because of language and cultural barriers, ignorance of the law, and sheer distance from family and friends. They work for government officials who may appear to them to hold exceptional power and/or influence. The resulting invisibility and isolation of such workers raises concerns about the potential for diplomatic employers to ignore the terms of their employment contracts and to restrict their domestic workers’ freedom of movement and subject them to various abuses. Because diplomats generally enjoy immunity from civil and criminal jurisdiction while on assignment, legal recourse and remedies available to domestic workers in their employ – and the criminal response otherwise available to the host government – are often significantly limited.
And in March 2012, during the Annual Meeting of the President’s Interagency Task Force To Monitor and Combat Trafficking in Persons, then Secretary of State Hillary Clinton said this:

“We thought it was unfair for diplomats who victimized their own domestic workers were, because of diplomatic immunity, virtually untouchable. So now, we’re making sure that diplomats coming to this country understand their obligations and responsibilities, and we’re taking action when we have evidence that they are not.”

No one paid attention then,  but they’re paying attention now.

In the latest diplomatic row between the United States and India, the Times of India provided an unconfirmed timeline of the events.   It indicates that the State Department reportedly wrote to the Indian ambassador in Washington, D.C. on September 4, 2013 expressing “considerable concern” over the allegations.  On September 21, the Indian Embassy reportedly replied, “that this was none of US’ business and that the maid was seeking a monetary settlement and US visa, whereby subverting both Indian and US laws.”

If that timeline is accurate, one has to ask who miscalculated whose response?

 

“This is happening 10 miles from the White House”

– Martina Vandenberg, Human Trafficking Pro Bono Legal Center

Despite the many notable cases of abuse by diplomats ranging from non-payment of wages to sexual assaults, we do not see very often an arrest of a foreign diplomat or international representative in the United States. But following the arrest of  IMF’s Dominique Strauss-Kahn in 2011, Reuters did report the following:

Foreign diplomats have been the subject of at least 11 civil lawsuits and one criminal prosecution related to abuse of domestic workers in the last five years, according to a Reuters review of U.S. federal court records. The allegations range from slave-like work conditions to rape, and the vast majority of the diplomats in these cases avoided prison terms and financial penalties.

We have not been able to locate all civil lawsuits but the cases below are just a sampling of abuse allegations by domestic employees against their foreign diplomat-employers in the United States in the last several years.

Tae Sook PARK v. Bong Kil SHIN (South Korean Consulate/San Francisco) | Tae Sook Park, a domestic servant sued Deputy Consul General Bong Kil Shin of the Korean Consulate in San Francisco.  The Ninth Circuit Court of Appeals reversed a district court decision dismissing Park’s claims of labor law violations. It held that the deputy consul was not entitled to immunity under the Vienna Convention on Consular Relations or the U.S. Foreign Sovereign Immunities Act, and remanded the case back to district court. He later became ambassador.

Swarna v. Al-Awadi (Kuwait Embassy)|  Swarna Vishranthamma took to court her former employers, Badar Al-Awadi and his wife, Halal Muhammad Al-Shaitan and the State of Kuwait in 2009.  At the time of the events in question, Mr. Al-Awadi was a diplomat serving in New York City with the Permanent Mission of the State of Kuwait to the United Nations. According to WaPo,  Kuwaiti government hired a prominent law firm to defend him in the civil case — in court filings, he has denied the allegations — and then later promoted him to be Kuwait’s ambassador to Cuba.

Mildrate Yancho Nchang (Cameroon Embassy) | According to WaPo,  Nchang filed a case against her employers alleging she toiled for three years without pay or a day off and then was hospitalized after being beaten by a Cameroonian diplomat’s wife. She sued in federal court in Maryland, but the case was dismissed in 2006 when the diplomat asserted immunity.

Mazengo v. Mzengi, et.al. (Tanzania Embassy)| In 2007, Ms. Mazengo, a citizen of Tanzania, sued her former employers, defendants Alan S. Mzengi and Stella Mzengi, husband and wife, alleging that they falsely imprisoned her and subjected her to involuntary servitude and forced labor in violation of federal law. Alan S. Mzengi was a diplomat accredited to the embassy of the Republic of Tanzania.  WikiLeaks Alert: See the State-USEmbassy Tanzania demarche on the outstanding restitution for TIP victim, Ms. Zipora Mazengo.

Regina Leo (Kuwaiti Embassy) | In July, 2008, a lawsuit was filed against an attache in the Embassy of Kuwait, Brig. Gen. Ahmed Al Naser, and his family, by their former maid, Regina Leo, an Indian immigrant who alleged that she was forced to work as much as 18 hours per day.

Marichu Suarez Baoana (Philippine Embassy) | According to WaPo, in 2009, Ms. Baoana, a Philippine national sued the Permanent Representative of the Philippines to the United Nations, Lauro L. Baja Jr. alleging she was forced to endure 126-hour workweeks with no pay, performing household chores and caring for the couple’s grandchild.

Daedema Ramos (Kuwait Embassy) | In 2010, the Filipina housekeeper left a Kuwaiti diplomat’s Manhattan duplex where she worked 20 hours a day, earning as little s $500 a month. With help from Damayan, a grassroots organization fighting for the rights of low-wage Filipino migrant workers she escape her employer, and was encouraged to fight back. In July 2012, the diplomat settled with her after she demanded unpaid wages.

Sophia Kiwanuka (World Bank) | According to Reuters, World Bank economist, Anne Margreth Bakilana, hired a Tanzanian woman, Sophia Kiwanuka, to work in her home in Falls Church, Virginia, and improperly withheld Kiwanuka’s wages and threatened to send her back to Tanzania, according to court records. She pleaded guilty in 2010 and was sentenced to two years probation and fined $9,400.

Bhardwaj v. Dayal et al (Indian Embassy) |  In 2011, Indian national Santosh Bhardwaj filed a lawsuit against Indian Consul General Prabhu Dayal for allegedly intimidating her into a year of forced labor, where she was subjected to 105-hour workweeks for $300 per month. According to Indian Express, in December 2012, the Indian Ministry of Finance approved payment of $75,000 from the budget of Ministry of External Affairs to a “former domestic assistant” who had filed a lawsuit against India’s consul-general in New York, Prabhu Dayal. Click here to read an interview with Mr. Dayal in India Today concerning his case and the Khobragade case.

Araceli Montuya (Lebanon Embassy ) | She filed a lawsuit against  her former employer, the Lebanese Ambassador Antoine Chedid. On April 2011, U.S. District Judge James Boasberg in Washington threw out a case in which Montuya alleged that Chedid and his wife underpaid and verbally abused her.

Four former cooks and housekeepers (Qatar Embassy) |  According to Reuters, on March 2011, four former cooks and housekeepers for Essa Mohammed Al Manai, Qatar’s second-highest ranking diplomat in the United States filed a civil lawsuit alleging they were paid less than 70 cents per hour and “forced to work around the clock” at Al Manai’s six-bedroom home in Bethesda, Maryland. The suit also claimed that one of the women was sexually assaulted. More here.

F.V. (The Taipei Economic and Cultural Office) |  In 2011, Hsien-Hsien “Jacqueline” Liu, 64, of Taiwan, high-ranking representative of Taiwan was charged in federal court with fraud in foreign labor contracting for fraudulently obtaining a Filipino servant for her residence. Liu paid the Filipino worker $400-450 per month, although the employment contract stipulated a salary of $1,240 per month. Liu allegedly required the victim to work six days a week, 16 to 18 hours a day, and forbid her to leave the house without permission. (See Taiwanese Official in Kansas Charged for “Fraudulently Obtaining a Filipino Servant”).  Liu was arrested by the FBI on Nov. 10, 2011 and was detained for two months before entering a plea agreement. She eventually entered a plea agreement and was ordered to pay US$80,044 in restitution to the two maids. According to the Taipei Times, in 2012, Liu was suspended from her duties for two years for “seriously damaging the country’s reputation.”

Gurung v. Mahotra (Indian Embassy) | In 2012, a New York City Magistrate Judge  ordered Neena Malhotra, an Indian diplomat and her husband Jogesh to pay nearly $1.5 million reportedly arising from their employment of an Indian girl, Shanti Gurung who alleged “barbaric treatment” while she was employed as their domestic worker.

C.V. (Mauritius Embassy) | According to The Record, in 2012, Somuth Soborun, the Republic of Mauritius’ ambassador to the US pleaded guilty to the misdemeanor offense in September, admitting that he failed to properly pay a domestic worker minimum hourly and overtime wages between December 2008 and August 2009. He was fined $5,000.  As part of his plea agreement, Soborun has already paid $24,153 in restitution to the domestic worker, who was identified in court papers only by the initials C.V.

Kumari Sabbithi, Joaquina Quadros and Tina Fernandes (Kuwaiti Embassy) | In 2012, the ACLU represented three Indian women who were employed as domestic workers by Major Waleed Al Saleh and his wife Maysaa Al Omar of McLean, Virginia.  The complaint alleged that they were brought to the U.S. in the summer of 2005 and that they were forced to work every day from 6:30 a.m. until sometimes as late as 1:30 a.m. for approximately $250 to $350 a month. The complaint further alleged that they were subjected to threats and verbal and physical abuse, including one incident in which Al Saleh threw one of the women, Sabbithi, against a kitchen table, knocking her unconscious. The Kuwaiti government agreed to settle the case brought by three women who claimed that they were trafficked to the United States by a Kuwaiti diplomat and his wife.

USA v. Devyani Khobragade |  In December 2013, the Indian Deputy Consul General Arrested For Visa Fraud and False Statements Related to Domestic Worker

The  reported abuse of migrant domestic workers by diplomats and the staff of international organizations typically include wages and hour violations, passport deprivation, denial of the workers’ right to leave the house or premises in which they work, physical, sexual and emotional abuse and invasion of privacy, where domestic workers often have their rooms searched, their mail opened, and are not allowed to make private phone calls.  For additional reading, see  Joy M. Zarembka’s Global Woman: Nannies, Maids, and Sex Workers in the New Economy,which details the plight of some of the domestic workers brought to the U.S. by employees of international organizations.

Maid in Manhattan Case: U.S. Attorney Preet Bharara, the Man Who Makes Embassy Row Tremble

We suspect that nowhere is the  Khobragade Affair watched more closely than in the United Nations in New York and in the Embassy Row (the informal name for the streets and area of Washington, D.C. in which embassies, diplomatic missions, and other diplomatic representations are concentrated).  Besides India, that is.  To avoid possible “misunderstanding,” the State Department has recommended that diplomats keep employment records of their domestic workers including work hours and payment, records that should be maintained for the duration of actual employment of domestic employees plus three years.  Would be interesting to see how many diplomatic missions in the United States actually take this recommendation seriously.

In an interview with India Today published on December 23, the former Indian Consul General Prabhu Dayal who was taken to court by his former housekeeper in New York said that “in our consulates in the US, there is a lot of fear today.”

“India’s view has been that the domestic assistants of our diplomats hold Official Passports and should be outside the purview of US labour laws. The US side has not agreed to this, insisting that US laws apply to them. This impasse continues.[…] even if were were to revamp our system relating to domestic assistants, we will not be able to guarantee that our officials in our Consulates will not be arrested or dragged into law courts for some  reason or another in future. The US is a highly litigious country where suing people is a sort of favourite past time. […] There is no doubt, however that our officers posted at the Consulate in New York have begun to feel very insecure after all these recent cases, and the same may also be true for the other Consulates in Chicago, San Francisco, Houston and Atlanta. How will India protect its diplomats posted to the Consulates given the US position on immunity?”

But perhaps the more telling parts during this incident is the on the record statement made by a senior Indian official quoted by the Times of India below:
“Which Indian would pay a help Rs 6500 ($ 100) a day?” asked Shakti Sinha, a former principal secretary in the government of India who did various stints abroad, including at the World Bank and various UN agencies, assuming eight normal working hours.

FirstPost.com reports  on India’s former foreign secretary Kanwal Sibal’s opinion on this matter, quoting the former official as saying:

“There is much chicanery involved here. Indian diplomats taking domestic staff to the US accept the minimum wage requirement when all concerned, including the US visa services and the State Department, know this is done pro-forma to have the paper work in order. To imagine that the US authorities are duped into believing that our diplomats will pay their domestic staff more than what they earn is absurd. The US authorities have been clearing such visas for years to practically resolve the contradiction between reality and the letter of the law.”

And that’s probably why “there is a lot of fear today.”

Apparently, according to NYT, there are 14 other Indian maids working for Indian diplomats in the United States, and “India is negotiating over their status with the State Department.”  If a Deputy Consul General could be hauled to jail for underpaying her domestic employee, who could Preet Bharara go after next?

Dirty Laundry Gets Washed

The State Department’s TIP 2012 report says that “U.S. government employees, their dependents, and members of their households do not have immunity in the U.S. domestic legal framework for acts of human trafficking associated with domestic staff occurring at overseas postings. Any such reports will be fully investigated by Diplomatic Security and/or the Office of the Inspector General and, where appropriate, may result in either an administrative penalty and/or referral to the Department of Justice for criminal prosecution. These measures apply to Department of State employees overseas as well as their dependents and other members of household.”

It’s not an accident that the above item was included in the report.  The State Department had two recent cases of domestic worker abuse.

Harold and Kimberly Countryman | In 2006, Harold Countryman, a former Department of State agent, and his wife, Kimberly Countryman, a realtor in northern Virginia, pleaded guilty to aiding and abetting visa fraud.  According to the plea agreement, Kimberly Countryman admitted to using the fraudulent visa to further the forced labor of a Cambodian woman in their employ. According to court documents, the couple provided materially false information to the Department of State to obtain a visa on behalf of a Cambodian woman, who they then brought to the United States to work for them as a domestic servant for two years. In the plea agreement, Kimberly Countryman admitted that she procured the visa with reason to believe that the visa would be used to commit a felony, namely forced labor. As a result, Kimberly Countryman is subject to an increase in her sentence. Kimberly Countryman acknowledged that she withheld a portion of the woman’s pay, took possession of the woman’s passport, and physically assaulted the woman.  As part of the plea agreement, the Countrymans were required to pay $50,000 in restitution and $50,000 in forfeiture.

Linda  and Russell Howard |  In 2011, Jane Doe, an Ethiopian national in her 30s filed a lawsuit in the U.S. District Court for the Eastern District of Virginia against a State Department employee Linda Howard and her husband, Russell Howard, alleging involuntary servitude, forced labor and human trafficking in violation of the Trafficking Victims Protection Act of 2000 (TVPA).  She alleged that she was forced to work more than 80 hours a week for less than a dollar an hour; the exact amount was $0.88 an hour; the minimum hourly wage at the time of Jane Doe’s employment was $6.55 an hour.  Court awarded a default judgment to Jane Doe for total damages of $3,306,468.  Linda and Russell Howard had reportedly left the United States. See Court Awards $3.3 Million Default Judgment Against State Dept Couple Accused of Slavery and Rape of Housekeeper.

The Signal Plus the Noise, the Diplomatic Edition

The suspension of a high-ranking Taiwanese official for two years for “seriously damaging the country’s reputation” is the only case we are aware of in recent memory where an official was disciplined by the sending country in the aftermath of U.S. federal charges related to the treatment of a domestic worker.  In most cases, it looks like the official in question, protected by the sending state, gets moved elsewhere,  or even gets a promotion with no career repercussion. Clearly underpayment or mistreatment of a domestic employee is not considered a serious offense by a good number of diplomatic missions.

While diplomats continue to dodge cases like this behind diplomatic immunity, and as long as governments stand behind their diplomats when they commit infractions like this, the practice will continue. As the German Institute of Human Right points out: “...[E]mployers’ diplomatic immunity in prac­tice overrules the human rights of the victim and leads to a situation of de facto-unaccountability and –impu­nity for exploitative employers.”

In this India-U.S. row, we note that the outrage is focused on the circumstances of the diplomat’s arrest. And that is understandable. But it is also important to note that while the focus of the  outrage is the strip-search, few are talking about the alleged treatment of the domestic worker.  Unless, of course, we’re talking about the former Khobragade maid as a CIA agent.

In early December, Preet Bharara, the United States Attorney for the Southern District of New York also charged 49 Russian Diplomats/Spouses With Picking Uncle Sam’s Pocket in Medicaid Scam. Most of the diplomats charged are no longer in the country. And of the defendants still  here, most are attached to the UN Mission and presumably enjoy diplomatic immunity. If the U.S. may not be able to put anyone in jail nor be able to recoup the thousands of dollars in scammed Medicaid money, why charged them?  We suspect that the charges were brought to put a stop to the scam.  Basically a megaphone saying — we know what you’re doing, shame on you, now stop it.

As complicated as the Khobragade case may seem, it will be resolved eventually. A $90 billion bilateral trade partnership is at stake. Who would throw that partnership over the cliff for a mid-level official?  Or for an underpaid housemaid?  Stay tuned.  Perhaps the more interesting take on this incident is by Alison Frankel who writes, “For all we know, the State Department intended to send a message to the international diplomatic corps, which is often accused of cloaking itself in diplomatic immunity to avoid claims of mistreating domestic staff.”

Do we have an aha moment here?

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U.S. Embassy Juba: 4 US Troops Wounded in South Sudan Evacuation

— Domani Spero

Following an outbreak of violence in South Sudan, the U.S. Embassy in Juba closed on December 16 and temporarily suspended routine American Citizen Services.  Within 24 hours, the State Department suspended normal operations at Embassy Juba and authorized the ordered departure of non-emergency staff. On December 18, the U.S. Embassy in Juba facilitated the evacuation of U.S. citizens from the world’s newest country.

On December 18,  DOD announced that at the request of the State Department, the Defense Department directed two U.S. C-130 aircraft to evacuate 120 personnel from Juba, the capital of South Sudan, to Nairobi, Kenya. According to the DOD spokesman, the department also augmented physical security at American diplomatic facilities in Juba with members of the East Africa Response Force, a Djibouti-based joint quick-response team formed after the Sept. 11, 2012, attack on the U.S. consulate in Benghazi, Libya.

U.S. Soldiers support South Sudan evacuation Soldiers of the East Africa Response Force, a Djibouti-based joint team, prepare to support evacuation operations in Juba, South Sudan. At the request of the U.S. Department of State, the U.S. Defense Department directed two U.S. C-130 aircraft to evacuate personnel from Juba, the capital of South Sudan, to Nairobi, Kenya. DoD also augmented physical security at American diplomatic facilities in Juba with members of the EARF. (U.S. Army Africa photo by U.S. Air Force Tech. Sgt. . Micah Theurich, Released by U.S. Africa Command)

U.S. Soldiers support South Sudan evacuation
Soldiers of the East Africa Response Force, a Djibouti-based joint team, prepare to support evacuation operations in Juba, South Sudan. At the request of the U.S. Department of State, the U.S. Defense Department directed two U.S. C-130 aircraft to evacuate personnel from Juba, the capital of South Sudan, to Nairobi, Kenya. DoD also augmented physical security at American diplomatic facilities in Juba with members of the EARF. (U.S. Army Africa photo by U.S. Air Force Tech. Sgt. . Micah Theurich, Released by U.S. Africa Command)

Later that day, the State Department confirmed the successful evacuation of three groups of U.S. citizens from South Sudan. “Two Department of Defense C-130 aircraft and a private charter flight departed Juba at 0530, 0535, and 0940 EST, respectively, carrying non-emergency Chief of Mission personnel, private U.S. citizens, and third country nationals.”

Ambassador Susan D. Page said that “On the ground the violence appears to be taking on a very clear ethnic dimension.” On December 20, Secretary Kerry called for the violence to stop and sent U.S. Special Envoy for Sudan and South Sudan, Ambassador Donald Booth to travel to the region and “support regional efforts already underway.”

The US Embassy in Juba subsequently organized the evacuation flights of U.S. citizens from Juba in the last several days. As of today, the embassy has evacuated  at least 450 American citizens and other foreign nationals from the capital city.  It said that it had hoped to start evacuation from Bor, a town located some 200km north of the capital.  However, the evac flight came under fire, preventing the evacuation attempt. Four U.S. Service members were injured during the attack.

CIA Map

CIA Map
For an alternative map of Jonglei state in the Greater Upper Nile region of northeastern South Sudan, click here.

 

AFRICOM released the following statement:

Dec 21, 2013 — At the request of the Department of State, the United States Africa Command, utilizing forces from Combined Joint Task Force – Horn of Africa (CJTF-HOA), attempted to evacuate U.S. citizens from the town of Bor, South Sudan, today.  As the aircraft, three CV-22 Ospreys, were approaching the town they were fired on by small arms fire by unknown forces.  All three aircraft sustained damage during the engagement.  Four service members onboard the aircraft were wounded during the engagement.

The damaged aircraft diverted to Entebbe, Uganda, where the wounded were transferred onboard a U.S. Air Force C-17 and flown to Nairobi, Kenya for medical treatment.

All four service members were treated and are in stable condition.

The Sudan Tribune reported that Army defectors had taken control of Bor earlier this week but that the spokesperson for the South Sudanese army (SPLA) reportedly said today that they had regained control of the town.

Evacuation on Social Media

This is the first embassy evacuation of Amcits that has fully utilized Facebook and Twitter, both in reaching out to Americans at post, and in providing as timely an information as possible.  When @modernemeid20 Dec  complained that “The U.S. embassy has been incredibly unhelpful. My cousin’s passport expired, they’re just leaving her hanging” @USMissionJuba was quick to respond. “@modernemeid please call us at 0912157323 for assistance.” When somebody tweeted “all evacuation planes diverted” following a plane crash on the Juba airport runway, @USMissionJuba responded swiftly, “not quite true. At least two evac flights departed after the runway cleared.”  We later asked for the number of evacuees, and the number shortly became available; tweeted, of course.  In addition to answering questions about evac flights procedures, @USMissionJuba also organize a texting campaign to alert American citizen friends and family about the emergency evac flights.

Here’s a shoutout to @USMissionJuba’s Twitter and evac ninjas for being timely and responsive and for their tireless work under very difficult circumstances.  Don’t ignore the fatigue factor and stay safe, folks!

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No Publicity Zone — 2012 Judicial Actions Involving Foreign Service Grievance Board Rulings

— Domani Spero

We’ve  heard from the FS grapevine about an agreement that there will be no publicity of grievance results.  If that’s true, well, that’s a terribly bad agreement, right?

So if you want to keep up with Foreign Service grievance cases that went to court, you can check FSGB’s annual report to Congress which details judicial actions related to Board cases during the year.   We have listed them below from the 2012 report and have included the links to PDF files for all the court rulings but one.  In he future, most of the cases should be available via the GPO but if not available there, you can also try looking them up using pacer.gov (requires registration and payment for document view/download).

Karl Hampton v. Tom Vilsack | PDF

Karl Hampton is a former Foreign Service Officer with the Department of Agriculture who was terminated for cause after a hearing before the Board in 2007. He subsequently filed a Title VII suit against USDA, claiming discrimination on the basis of race, retaliation for engaging in protected activity, and a hostile work environment. Last year the District Court for D.C. granted USDA’s motion for summary judgment on nine of the ten counts alleged, and later dismissed the tenth count. Karl Hampton v. Tom Vilsack, 760 F. Supp. 2d 38 (D. D.C. 2011). Hampton appealed that decision. In a de novo review, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the District Court’s ruling. Karl Hampton, Appellant v. Tom Vilsack, Secretary, United States Department Of Agriculture, Appellee, 685 F.3d 1096; (U.S. App. D.C. 2012).

Richard Lubow, et al., v. United States Department of State, et al., | PDF

The plaintiffs in Richard Lubow, et al., v. United States Department of State, et al., 2013 U.S. Dist. LEXIS 10780, (D.D.C. 2013) were five Diplomatic Security Agents who had served in Iraq in 2004. They grieved the Department’s application of a cap on their premium pay and its decision not to grant them a waiver of repayment of the amounts that the Department had paid them in excess of that cap. The FSGB concluded that, contrary to the Department’s findings, the grievants were not at fault in incurring the overpayments and thus were eligible for a waiver of their debts. However, the Board also found that it was within the Department’s discretion to decline to grant the waivers, and that the Department had appropriately considered the relevant factors and had not abused its discretion in denying the waivers. The District Court affirmed those findings and granted summary judgment in favor of the Department.

Jeffrey Glassman v. the U.S. Department of State (unable to locate this case. See this article from WaPo: Disabled but determined, U.S. diplomat Jeffrey Glassman sues over forced retirement)

In an order dated September 25, 2012, Judge Rosemary Collyer of the District Court of D.C. dismissed three counts of the plaintiff’s claims in Jeffrey Glassman v. the U.S. Department of State, et. al., Civil Action No. 10-1729, as well as both the Department of State and the Foreign Service Grievance Board as defendants, on procedural grounds. Glassman is a former officer of the Department of State who grieved his involuntary retirement, claiming it was a result of his disability and therefore illegal. The Board denied Glassman’s claim. Glassman appealed that decision to the district court, while also independently claiming a violation of the Rehabilitation Act. While dismissing three counts and two defendants, the court ordered the case to proceed on Glassman’s remaining claim, that the Foreign Service precepts have a disparate impact on him and others with disabilities because of their emphasis on unusually difficult or dangerous assignments, in violation of the Rehabilitation Act. The Secretary of State, as head of the agency, remained as the sole defendant.

Richard Baltimore, III v. Hillary Clinton | PDF

In Richard Baltimore, III v. Hillary Clinton, 2012 U.S. Dist. LEXIS 153253 (D.D.C. 2012), former Ambassador Baltimore appealed a decision by the FSGB sustaining charges by the Department of State involving misuse of an official vehicle and failure to report the gift of a rug, that resulted in a 45-day suspension without pay. Baltimore challenged the Board’s decision as arbitrary and capricious. The D.C. District Court upheld the Board’s reasoning and decision.

Yamin v. United States Department of State | PDF

On November 19, 2012, Jeremy Yamin petitioned the D.C. District Court to review the FSGB’s May 23, 2012 order denying in part his request for attorney fees incurred in a grievance appeal. Yamin is a Department of State officer who had received a one-day suspension in a disciplinary action. In his appeal to the FSGB, the Board upheld the charge, but found the one-day suspension to be excessive and reduced the penalty to an admonishment. Yamin requested attorney fees and expenses in the amount of $71,645.48. The Board approved $12,385.03, denying the rest. Yamin requested a review of this decision.

 

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State Dept Regional Psychiatrist William Callahan, 53, Dies in Cape Town

— Domani Spero

We previously posted about the December 12 death of a U.S. Embassy Accra employee while visiting Cape Town, South Africa. (See US Embassy Accra Employee Falls to Death on South Africa’s Table Mountain). We subsequently learned the identity of the employee but decided not to publish his name as we could not confirm independently that the family back in California has been notified.  His hometown newspaper had since identified him in a news article as William E. Callahan Jr., 53, a prominent psychiatrist in Aliso Viejo, California.  He was the State Department’s Regional Psychiatrist covering West Africa. Below is an excerpt from OCRegister:

Callahan had left his private psychiatry practice in California last year to join the U.S. State Department as a Regional Medical Officer and Psychiatrist based out of the U.S. Embassy in Accra, Ghana, said Kenneth Dekleva, Director of Mental Health Services at the U.S. Department of State in Washington, D.C.

Dekleva said the news came as a shock to him and his department last Friday when he found out Callahan’s body had been recovered by South African authorities near the Table Mountain Range.

“His death has touched many people: my phone hasn’t stopped ringing since Friday…we lost one of our own,” Dekleva said. “It’s a huge loss for our organization. He represented the best in psychiatry in my opinion. We’re very proud to have known him and to have had him as part of our team.”

Dekleva said that the investigation surrounding the circumstances of Callahan’s death is ongoing in South Africa.

Memorial services are planned in Accra on Wednesday. Services in Greenfield, Mass. and Laguna Beach will occur in early 2014, the State Department said.

 

Dr. Callahan joined the State Department in July 2012.  Our source told us that “he was an avid outdoorsman and in great shape.  He was well-liked in Accra and at the other embassies he covered in West Africa.”

According to his online bio, he was a Special Forces flight surgeon turned psychiatrist.  “With the constant deployments in my military unit on clandestine missions, I observed how stress in a family member can jump from person to person and lead to physical illness as well.  After 5 years of active duty and 9 of total service, I left the military to get the training to become a board certified psychiatrist.”

He was previously the president of the Orange County Psychiatric Society.  For 15 years prior to joining the State Department, he  provided a two hour a week, free, open-to-the-public group for families dealing with a mental illness called Interactive Solutions.

Dr. Callahan’s service in the military included a general surgery internship at David Grant Medical Center at Travis AFB, CA followed by assignment to the 8th Special Operations Squadron as a flight surgeon, at Hurlburt Field, FL.  He served in both the First Gulf War and Panama Wars,  and received two Meritorious Service Medals. He was the 1988 Flight Surgeon of the Year within the First Special Operations Wing.

He graduated from Deerfield Academy (1978), Tufts University (1982), Tufts Medical School (1986) and did General Surgery Internship at Travis AFB, CA (1987), and his Residency in Psychiatry at UC Irvine (1994).

R.I.P.

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