Sec. Kerry Heads to Ethiopia, DR Congo, Angola; Nine Ambassadorial Nominees for Africa Still Stuck in Confirmation Chamber

— Domani Spero

On April 25, the State Department announced that Secretary John Kerry will visit Addis Ababa, Ethiopia, Kinshasa, Democratic Republic of the Congo, and Luanda, Angola, on April 29-May 5 “to encourage democratic development, promote respect for human rights, advance peace and security, engage with civil society and young African leaders who will shape the continent’s future, and promote trade, investment and development partnerships in Africa.”

U.S. Secretary of State John Kerry departs the United Kingdom en route to the Republic of Korea after participating in the G8 ministerial meetings in London, United Kingdom, April 11, 2013. [State Department photo/ Public Domain]

U.S. Secretary of State John Kerry departs the United Kingdom en route to the Republic of Korea after participating in the G8 ministerial meetings in London, United Kingdom, April 11, 2013. [State Department photo/ Public Domain]

Secretary Kerry will be accompanied by Assistant Secretary for African Affairs Linda Thomas-Greenfield, Special Envoy for the Great Lakes and the Democratic Republic of the Congo Russell Feingold, Special Envoy to Sudan and South Sudan Donald Booth, and Ambassador-at-Large for Global Women’s Issue Catherine Russell.

We have ambassadors in Addis and Kinshasa at post but who’s missing from that list?

Helen Meagher La Lime, a career member of the Senior Foreign Service who was nominated as Ambassador to the Republic of Angola on September 2013.  She has been waiting for Senate confirmation since January 15, 2014.  The lengthy wait since the nomination is now approaching eight months.

Dear Congress, this is idiotic.

Hey, here’s an idea. If Congress is serious about chopping down on expenses, it could confirm Ms. La Lime for Angola, and she could hitch a ride in Secretary Kerry’s plane when he leaves tomorrow for his Africa trip.

For multiplied savings, the Senate could also confirm a host of other ambassadorial nominees for several countries in Africa who have been stuck in the confirmation chamber since January this year.

  • Mauritania: Larry Edward Andre, Jr., of Virginia, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Islamic Republic of Mauritania.
  • Gabon and Sao Tome and Principe: Cynthia H. Akuetteh, of the District of Columbia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Gabonese Republic, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Democratic Republic of Sao Tome and Principe.
  • Zambia: Eric T. Schultz, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Zambia.
  • Niger: Eunice S. Reddick, of the District of Columbia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Niger.
  • Cameroon: Michael Stephen Hoza, of Washington, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Cameroon.
  • Sierra Leone: John Hoover, of Massachusetts, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Sierra Leone.
  • Kingdom of Lesotho: Matthew T. Harrington, of Virginia, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Lesotho.
  • Namibia: Thomas Frederick Daughton, of Arizona, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Namibia.

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Oh, la vache! U.S. Court on French Embassy’s “transparent ploy” over discrimination case

— Domani Spero

Judge James E. Boasberg of the District Court for the District of Columbia was not happy with the French Embassy in Washington, D.C.. In a court ruling dated April 17, 2014, Judge Boasberg chastised the French Embassy writing that the “defendant may delay these proceedings, but it may not evade trial by means of this transparent ploy”as embassy asserted immunity on the eve of a discrimination trial.

The civil case is between Ashraf-Hassan and the Embassy of France in United States.  The plaintiff is Saima Ashraf-Hassan, a former employee of the French Embassy in Washington, D.C., and a French citizen who was born in Pakistan. According to court papers, she originally came to the United States to complete research for her Ph.D. in law. After arriving in Washington, Ashraf-Hassan obtained an internship with the French Embassy, which later led to an offer of full-time employment:

During her five years of employment, Ashraf-Hassan alleges that she suffered discrimination on the basis of national origin, race, religion, and pregnancy, all in violation of Title VII. See id. at *2. In addition to claims of unlawful termination, Plaintiff alleges that she was subjected to a hostile work environment that was permeated by harassment so severe and pervasive that it altered the conditions of her employment.
[…]
Evidently dissatisfied with this result and with trial looming a few weeks away, the Embassy now invokes the doctrine of sovereign immunity, claiming that after nearly three years of proceedings before this Court, it retains the power to divest itself of the suit at any time it pleases. See ECF No. 51 (Mot. to Dismiss). While at the outset of this litigation, the Embassy acknowledged that it was not entitled to assert immunity, it also stated – somewhat opaquely – that it “reserve[d] the right to raise its immunity should it be necessary to protect the confidential character of [its governmental] activities.” See ECF No. 11 (prior Mot. to Dismiss) at 1. This time has now come, according to Defendant.

In his memorandum opinion, Judge Boasberg writes:

In May of 2011, Plaintiff Saima Ashraf-Hassan brought this suit, alleging that her employer, the Embassy of France in the United States, had violated Title VII by discriminating against her on account of her national origin, race, religion, and pregnancy. In the intervening years, the parties have conducted discovery, attempted to solve their dispute through mediation, and filed assorted motions and other pleadings. Indeed, Defendant has previously moved to dismiss and has also sought summary judgment, but it has repeatedly failed to convince the Court to deny Plaintiff a trial on her discrimination claims.

Now, three years into this litigation and on the eve of trial, Defendant seeks to secure dismissal by claiming for the first time that the Court no longer has subject-matter jurisdiction. Despite its early concessions to the contrary, the Embassy now suggests that it never fully ceded its sovereign immunity when it hired Ashraf-Hassan or when it willingly entered into this litigation. The Embassy contends that it reserved the right to assert immunity at any time of its choosing and that it has the unfettered ability to walk away whenever it deems the claims to be meritless or the proceedings unfair. It protests, moreover, that this suit is now an affront to its dignity, yet Defendant offers no colorable basis to justify dismissal on sovereign-immunity grounds. This case falls squarely within multiple exceptions to the Foreign Sovereign Immunities Act, a reality that no amount of invective and indignation can change. Defendant may delay these proceedings, but it may not evade trial by means of this transparent ploy.

Read the case here: Ashraf-Hassan v. Embassy of France in United States Civil Action No. 11-805 (JEB).

 

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