US Mission Canada’s Principal Officers Display #MenInBlack Sunglasses, Thumbs as Neuralyzers

Posted: 1:35 am ET
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America’s Declaration of Independence was pro-immigrant

Posted: 12:22 am EST

America’s Declaration of Independence was pro-immigrant
by Steven Pincus

Steven Pincus is professor of history at Yale University. His latest book is 1688: The First Modern Revolution (2011). He lives in New Haven, Connecticut. This article was originally published at Aeon and has been republished under Creative Commons.

The Declaration of Independence by John Trumbull, 1819. Courtesy Wikimedia

The Declaration of Independence by John Trumbull, 1819. Courtesy Wikimedia

In 1776, American Patriots faced problems of crushing sovereign debt, vituperative debates about immigration, and questions about the role of foreign trade. They responded by founding a government committed to open borders and free trade. The Declaration of Independence, the country’s charter document, outlined the new republic’s fundamental economic principles, ones that Americans would be wise to remember, because they are now under threat.

Americans have long held their country’s founding document sacred. John Quincy Adams, America’s sixth president, asserted on 4 July 1821 that ‘never, never for a moment have the great principles, consecrated by the Declaration of this day, been renounced or abandoned’. In 1861, Abraham Lincoln announced that: ‘I have never had a feeling politically that did not spring from the sentiments embodied in the Declaration of Independence.’ Even this year’s Republican Platform committee agrees that the Declaration ‘sets forth the fundamental precepts of American Government’. The Declaration committed that government to reversing the oppressive policies advanced by the British monarch George III and his government. In particular, they called for the free movement of peoples and goods.

In Britain, the ministers who came to power in the 1760s and ’70s overwhelmingly believed, as do many European and North American politicians, that the only option in the face of sovereign debt is to pursue austerity measures. Like many politicians today, they were also happy to shift the tax burden onto those who had the least political capacity to object. In the 18th century, this meant taxing the under-represented manufacturing districts of England and, above all, taxing the unrepresented North Americans. Today, this often means regressive taxation: taking less from those with more.

Patriots on both sides of the Atlantic who opposed the British governments of the 1760s and ’70s did not deny that heavy national debts could be oppressive, but they insisted that the dynamic interplay of producers and consumers was the key to generating economic growth. Unlike their ministerial opponents, they believed that the best way to pay down that debt was for the government to stimulate the economy. They pointed out that the colonies represented the most dynamic sector of Britain’s imperial economy. The more the colonies grew in population and wealth, the more British manufactured goods they would consume. Since these goods were indirectly taxed, the more the Americans bought, the more they helped to lower the government’s debt. Consumption in the colonies was thus ‘the source of immense revenues to the parent state’, as the founding father Alexander Hamilton put it in 1774.

When Americans declared independence in 1776, they set forth to pursue new, independent economic policies of free trade and free immigration. The Committee of Five, including John Adams, Thomas Jefferson and Benjamin Franklin, who drew up the Declaration of Independence, condemned George III for ‘cutting off our Trade with all parts of the world’. The British government had long erected tariff and non-tariff barriers to American trade with the French and Spanish colonies in the Caribbean and South America. By doing so, they deprived Americans both of a vital outlet for their products and of access to hard currency. This was why Franklin had, in 1775, called for Britain to ‘give us the same Privileges of Trade as Scotland received at the Union [of 1707], and allow us a free Commerce with all the rest of the World’. This was why Jefferson called on the British imperial government not ‘to exclude us from going to other markets’. Freedom of commerce, admittedly one that was accompanied by state support for the development of new industries, is foundational to the United States.

The founders’ commitment to free trade stands in stark contrast with Donald Trump’s recent declaration for American ‘economic independence’. Trump insists that his economic programme echoes the wishes of the founding fathers, who ‘understood trade’. In fact, Trump’s economic principles are the reverse of those advocated by the authors of the Declaration. Like the British government of the 1760s, against which the Patriots defined themselves, Trump focuses narrowly on America’s role as a ‘dominant producer’. He is right to say that the founders encouraged manufacturing. But they did so by simultaneously supporting government subsidies for new American manufactures and advocating free trade agreements, such as the Model Treaty adopted by Congress in 1776 that sought to establish bilateral free trade. This was a far cry from Trump’s call for new ‘tariffs’.

The Declaration also condemned George III for his restrictions on immigration. Well-designed states, patriots believed, should promote immigration. This was why they denounced George III for endeavouring to ‘prevent the population of these states’. George III, the American Patriots pointed out, had reversed generations of imperial policy by ‘refusing to pass’ laws ‘to encourage … migrations hither’. Patriots, by contrast, welcomed new immigrants. They knew that British support for the immigration of Germans, Italians, Scottish Highlanders, Jews and the Irish had done a great deal to stimulate the development of British America in the 18th century. State-subsidised immigrants populated the new colony of Georgia in the 1730s. Immigrants brought with them new skills to enhance production, and they immediately proved to be good consumers. ‘The new settlers to America,’ Franklin maintained, created ‘a growing demand for our merchandise, to the greater employment of our manufacturers’.

Nothing could be further from the animating spirit of America’s charter document than closing the country’s borders. Restrictions on immigration more closely resemble British imperial policies that spurred American revolt and independence.

The Declaration of Independence was much more than a proclamation of separation from the Mother Country. It provided the blueprint, the ‘fundamental precepts’, for a new government. Americans broke away from the British Empire in the 1770s, in part, because they rejected restrictions on trade and immigration.Aeon counter – do not remove

Steven Pincus

This article was originally published at Aeon and has been republished under Creative Commons.

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The State Dept’s Sexual Assault Reporting Procedure Appears to Be a Black Hole of Grief

Posted: 2:02 am ET
Updated: Sept 24, 4:08 pm PST | This piece was edited to use the more neutral word “report” instead of “allegation.” The guide on reporting sexual violence is teaching us that the use of the word “allegation” reinforces the disbelief that a crime actually occurred.
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Last month, we received an anonymous allegation report of sexual assaults in the Foreign Service. It is alleged We were told that DS and MED “hide” the assaults “under pretense” that it is “the victim’s wish to keep it a secret.”

No specific case was cited only that there were incidents in Iraq and Afghanistan.  We were also asked if we know what is the reporting process for sexual assault in the Foreign Service.

We told our correspondent that we will look into the reporting process because we actually had no idea. We were then warned: “On the off chance you get a response, it will probably be something along the lines of, “any victim of crime under chief of mission authority should report to their RSO; the Department takes such allegations extremely seriously.” 

 

Looking at public records

We started looking at publicly available records. We found one assault in 2009 which is only publicly available becase the case became an EEOC case (see Sexual Assault at a State Dept-Leased Apartment: If This Isn’t Abysmal Failure, What Is It?). In 2011, there was the case of a former CIA station chief to Algeria who received 65 months in jail for sexual assault on embassy property. In 2012, there was a case of an FS couple accused of slavery and rape of a housekeeper, In 2013, there was an FS specialist who was sentenced to 5 years in prison; the case was about the sex abuse of an adopted child. Also in 2013, CBS News reported on  several allegations including one about a regional security officer (RSO) in Lebanon who “engaged in sexual assaults” of the local guards.  A subsequent OIG investigation indicates that the alleged sexual misconduct of this security official spanned 10 years and 7 posts.

These are cases that we’ve written in this blog after they’ve become public.

We’ve poured over the Foreign Affairs Manual (FAM) and Foreign Affairs Handbook (FAH) and have reached out to the State Department and other contacts within its orbit to help us find the specific guidance for the reporting process on sexual assault. We have not been successful. For the record, it is not/not 3 FAM 1525, not 3 FAM 4428, not 3 FAM 1800 and not 7 FAM 1940.

 

Questions for the State Department

We sent some questions to the State Department, the blue italics below is the response from an agency’s spokesperson.

We asked: How does the State Department/Diplomatic Security handle sexual assault among members of the Foreign Service community overseas? The only thing I can find in the FAM is sexual assault relating to private American citizens, and services via the Consular Section.  

–What is the reporting process if the victim/perpetrator is under chief of mission authority?

–What is the reporting process if the alleged perpetrator is from the Regional Security Office or a senior Foreign Service official who oversees the RSO?

–Where is the FAM/FAH guidance for sexual assault?

The State Department response: “The State Department/Diplomatic Security handles sexual assault among members of the foreign service community overseas by adhering to Department guidelines. These guidelines are made available to all members of the foreign service community in Department cables and in the FAM. The Department guidelines outlined in these documents address the contingencies included in your questions.”

No specific cables were cited.  However, the FAM cited by the State Department in its response above is 1 FAM 260, specifically, 1 FAM 262.4-5 which only notes that the Office of Special Investigation (DS/DO/OSI) within Diplomatic Security is tasked with investigating extraterritorial criminal investigations including assault, sexual assault, domestic violence, etc. Go ahead and read it.  It does not/does not include nor describe the reporting process.

We asked: If a sexual assault occurs overseas to an employee/family member of USG employees, who are the officials informed about the incident?

–How is the information transmitted? Telegram, telephone, email?

–Is the communication done via secure or encrypted channels?

In response to the above question, a State Department’s spokesman said: “The reporting process calls for the regional security officer to contact the State Department’s Office of Special Investigations. This office is outside the regional security officer’s chain of command.”

The response is only partly responsive and only names the RSO and DS/OSI.  Even if DS/OSI is outside the RSO’s chain of command, this tells us that an alleged victim overseas has to go through post’s Regional Security Office; the RSO in that office must then contact DS/OSI located in Washington, D.C. for an investigation to be initiated.

You probably can already guess our next question.

What if the perpetrator is from the security office or the Front Office who oversees the RSO? How would that work? Also both the RSO overseas and DS/OSI back in DC are part of the Bureau of Diplomatic Security. When we made these follow-up questions, the State Department simply repeated its original response:  “The reporting process calls for the regional security officer to contact the State Department’s Office of Special Investigations (OSI). This office is outside the regional security officer’s chain of command.  On your question on the Fam (sic): Sexual assault is a crime investigated by the Office of Special Investigations as outlined in 1 FAM 262.4-5.”

This is a disturbing response particularly in light of a previous CBS News report alleging that a regional security officer sexually assaulted local guards under his supervision and was accused of similar assaults in Baghdad, Khartoum and Monrovia. Okay, never mind CBS News, but the OIG investigation indicates that the same security officer’s alleged sexual misconduct spanned 10 years and 7 posts.  How many local guards were assaulted within those 10 years and in those 7 posts?  Perhaps it doesn’t or didn’t matter because it happened so long ago. Or it is because the alleged victims were non-U.S. citizens?

The other part of the question on how reports are transmitted is equally important. Are they sent via unclassified email? The perpetrator could be easily tipped off, and that potentially places the safety of the victim in jeopardy.

The third question we asked is a twofer. We wanted to know the statistics on sexual assault in the Foreign Service, specifically in Afghanistan and Iraq since 2003. The second part of our question is overall statistics on sexual assault in the Foreign Service worldwide, during the last 10 years. Note that we are not asking for names. We’re asking for numbers. We’re only asking for an accounting of sexual assault reports reported allegations since the invasion of Iraq in 2003 to the present, and the worldwide number of allegations reports spanning over 280 overseas posts in the last 10 years. Surely those are available?

This is the State Department’s official response:

“The Office of Special Investigations receives and catalogues allegations and complaints. Allegations are neither categorized by location nor by alleged offense.”

Wh–aat? We actually fell off the darn chair when we read the above response.  If the allegations and complaints are not catalogued by location or alleged offense, how would the State Department  know if there is a trend, or a red flag they should be aware of?

Wouldn’t this constitute willful ignorance?

In our follow-up question, we asked who is responsible for the care and support of a Foreign Service victim? This is the response from a State Department spokesperson:

“The Department takes seriously the safety and well-being of its employees and their family members. The post health unit, Employee Consultation Services and the Regional psychiatrist are all available to assist a victim of sexual assault. MED would also assist if, for example, a medical evacuation to a third country or the United States is required. 

Generally MED does not provide direct clinical services in the States but has extensive resources to provide referrals for ongoing treatment.

Additionally, the Victim’s Resource Advocacy Program (VRAP) is available to provide advocacy services so the individual understands the judicial process and has support lines, plus resources applicable to the person’s goals to rebuild and heal.”

 

In a follow-on response, the State Department cites the Victim’s Resource Advocacy Program (VRAP). We had to dig around the net to see what is VRAP.  According to the State Department’s outline on divorce:

VRAP was created in November 2010 by the Bureau of Diplomatic Security (DS) “to empower those who have been victimized by crimes that are under DS investigation. A representative of this office also sits on the Department’s Family Advocacy Committee (chaired by the Director of MED/MHS), based in Washington DC. The VRAP is committed to assisting aggrieved individuals in overcoming difficulties that result from victimization by providing resources to deal with the realities that follow traumatic experiences and an understanding of the judicial processes surrounding criminal offenses. Contact VRAP at vrap@state.gov.”

Okay, but.  All that still does not give us a clear idea on the procedure for reporting sexual assault in the Foreign Service, does it? And most of the info is not even codified in the FAM or the FAH.

What happens in the space between “calling the RSO” and VRAP “empowering” those victimized by crimes — remains a black hole. It is not clear what kind of support or advocacy services and resources are provided to victims of sexual assault. We’ve asked; we haven’t heard anything back.

Since we could not find any guidance from the State Department, we went and look at what the reporting procedure is like at USAID, the Department of Defense, and Peace Corps.  As of this writing, we’ve received an acknowledgment from USAID but have not received an answer to our inquiry. Below is a quick summary for DOD and the Peace Corps:

 

DOD Sexual Assault Reporting Guidance

You may or may not know this but the Department of Defense actually has a separate website for sexual assault which makes it clear that sexual assault is a crime. Defined “as intentional sexual contact,” sexual assault is characterized by “use of force, threats, intimidation or abuse of authority, or when the victim does not or cannot consent.” It explains that sexual assault includes rape, forcible sodomy (oral or anal sex), and other unwanted sexual contact that is aggravated, abusive, or wrongful (including unwanted and inappropriate sexual contact) or attempts to commits these acts. It also notes the difference between sexual assault and sexual harassment. Its website is not just an explainer, it also provides information for assault victims:

If I am sexually assaulted, what should I do?
First, get to a safe place. If you are in need of urgent medical attention, call 911. If you are not injured, you still need medical assistance to protect your health. The medical treatment facility (MTF) offers you a safe and caring environment. To protect evidence, it is important that you do not shower, brush your teeth, put on make-up, eat, drink, or change your clothes until advised to do so. You or the MTF may report the crime to law enforcement, criminal investigation agencies, or to your chain of command. If you feel uncomfortable reporting the crime, consider calling a confidential counseling resource available to you.

Reporting Options: 
Restricted | Sexual assault victims who want to confidentially disclose a sexual assault without triggering an official investigation can contact a SARC/SHARP Specialist, VA/SHARP Specialist, or a healthcare provider. By filing a restricted report with a SARC/SHARP Specialist, VA/SHARP Specialist, or a healthcare provider, a victim can disclose the sexual assault without triggering an official investigation AND receive medical treatment, advocacy services, legal assistance, and counseling.

Unrestricted | This option is for victims of sexual assault who desire medical treatment, counseling, legal assistance, SARC/SHARP Specialist and VA/SHARP Specialist assistance, and an official investigation of the crime. When selecting unrestricted reporting, you may report the incident to the SARC/SHARP Specialist or VA/SHARP Specialist, request healthcare providers to notify law enforcement, contact law enforcement yourself, or use current reporting channels, e.g., chain of command. Upon notification of a reported sexual assault, the SARC/SHARP Specialist will immediately assign a VA/SHARP Specialist. You will also be advised of your right to access to legal assistance that is separate from prosecution resources. At the victim’s discretion/request, the healthcare provider shall conduct a sexual assault forensic examination (SAFE), which may include the collection of evidence. Details regarding the incident will be limited to only those personnel who have a legitimate need to know.


Peace Corps Sexual Assault Reporting Guidance

The Peace Corps says it provides “sexual assault risk-reduction and response training to both Volunteers and staff. Volunteers worldwide learn risk-reduction strategies such as bystander intervention training, and each post has two sexual assault response liaisons trained to directly assist Volunteers who are victims of sexual assault throughout the in-country response process.” It also provides around the clock, anonymous sexual assault hotline accessible to Volunteers by phone, text, or online chat that is staffed by external crisis counselors at pcsaveshelpline.org.

In addition, it provides volunteers who experience sexual assault the option to report the incident as restricted or as standard reporting. This is similar to DOD’s:

Restricted reporting limits the number of staff members with access to information about an assault to only those involved in providing support services requested by the Volunteer. This gives Volunteers access to critical support services while protecting their privacy and confidentiality, and allows the Peace Corps to provide support services to Volunteers who otherwise may not seek support.

Standard reporting provides Volunteers with the same support services along with the opportunity to initiate an official investigation, while maintaining confidentiality.

There’s no 911 in the Foreign Service

For Foreign Service employees and family members assigned overseas, there is no 911 to call. You get in trouble overseas, you call the security office of the embassy. If you are in a small post, you may have to deal with another officer who is assigned collateral duty as post security officer.  Post may or may not have a health unit or a regional medical officer. If there is a health unit, it may or may not be equipped or trained with gathering forensic evidence.  Above all, if you’re overseas as part of the Foreign Service, you are under chief of mission authority. What you do, what you say, where you live — basically, your life 24/7 is governed by federal regulations and the decision of the Front Office.

 

So to the question — if I am sexually assaulted, what should I do?

The State Department says that the Foreign Affairs Manual (FAM) and associated Foreign Affairs Handbooks (FAHs) are a single, comprehensive, and authoritative source for the Department’s organization structures, policies, and procedures that govern the operations of the State Department, the Foreign Service and, when applicable, other federal agencies. The FAM (generally policy) and the FAHs (generally procedures) together convey codified information to Department staff and contractors so they can carry out their responsibilities in accordance with statutory, executive and Department mandates.

Every time the FAM is updated, a Change Transmittal documents it.  All transmittals includes the following reminder: Officers are reminded that Department-issued materials not codified in the Foreign Affairs Manual or its supplemental Foreign Affairs Handbook series generally have no regulatory validity (see 2 FAM 1115.2).

Since there is no FAM or FAH specifically addressing sexual assault, we end up with a pretty uncomfortable question: Is the State Department saying that sexual assault does not happen in the Foreign Service — that’s why there’s no regs covering it?

If it’s not that, then — what is the reason sexual assault procedure is absent from its single, comprehensive, and authoritative source of policies, and procedures?

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Sexual Assault Related posts:

Sexual Harassment related posts:

 

 

Photo of the Day: When Blinken Meets Grover #UNGA #Refugees

Posted: 12:20 am ET
Updated: Sept 22, 12:56 am EST
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Via state.gov

Deputy Secretary of State Antony Blinken meets with Sesame Street's "Grover" to talk about refugees at the United Nations in New York City, New York on September 19, 2016. [State Department Photo/Public Domain]

Deputy Secretary of State Antony Blinken meets with Sesame Street’s “Grover” to talk about refugees at the United Nations in New York City, New York on September 19, 2016. [State Department Photo/Public Domain]


Here’s a video; almost afraid Grover was going to ask, “which state?”

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FSO Morgan O’Brien Launches DiploSport Podcast on Sports Diplomacy

Posted: 1:03 am ET
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If you’re taking a road trip, and are looking for something to listen to in the car, check out the DiploSport Podcast. FSO Morgan O’Brien spent the past year studying sports diplomacy as part of a fellowship sponsored by the Council of Foreign Relations and the NBA. For his research, he interviewed journalists, policy makers and athletes to discuss the interplay of sports and government.

The first episode features former Secretary of State Condoleezza Rice as his inaugural guest (full transcript here). Others featured in the podcast include Norwegian speedskating legend and Olympic champion, Dr. Johann Olav Koss, founder of Right to Play (bit.ly/JOKossRtP) an organization which uses sport to connect with youth around the globe who face some of the most challenging circumstances imaginable; 3x American skeleton Olympian Katie Uhlaender who is preparing for the next Winter Games in Pyeongchang 2018; Ruth Riley who served as a State Department Sports Envoy, and an NBA Cares Ambassador; and two-time Olympic medalist Michelle Kwan who also did a stint as a State Department Sports Envoy. He told us that he started interviewing earlier this year and have about 20 podcasts in the can.

The podcast host is a Public Diplomacy officer who joined the Foreign Service in 2009 (146th A-100). He was  Ambassador Holbrooke’s assistant for his first tour, and he did a consular tour in Brazzaville.  When he came back to the State Department, he worked at the Sports Diplomacy Division of the Bureau of Educational and Cultural Affairs (ECA). For the past 12 months, he was attached to the National Basketball Association’s International Operations team and had the opportunity to study sports diplomacy.  He is currently in language training in preparation for his next assignment to an East Asia post. We asked him a few questions about this project:

Q: How were you able to get a fun fellowship like this?

MO: This past year, I was on the International Affairs Fellowship through the Council on Foreign Relations, so this wasn’t a formalized “sports diplomacy/NBA Fellowship,” per se. I first pitched the idea to the NBA, with whom I had worked the previous two years when I was in ECA. When they agreed to the concept, I put together a written proposal for the CFR, which was then followed by a panel interview before ultimately being accepted. Since I applied, two things I think have changed: one of the stipulations was that applicants needed to be under 35, I think that’s no longer the case; and I think there is an extra level of State vetting now. Whereas I sent my proposal directly to the CFR, I think this year’s applicants need to be approved by HR before submitting to the CFR.

If one gets creative in canvassing the bid list, they’ll find that the Department can be fantastic about enabling/empowering officers to pursue opportunities outside State, including awesome fellowships (the Una Chapman Cox Fellowship is another incredible, self-paced opportunity). And while I don’t know how it was done, there are officers actually working on international affairs for a few mayor’s offices in a handful of major cities in the US.

Q: What was it like working with the NBA team?

MO: I was a fully-integrated member of the NBA team for the year, fulfilling a childhood dream of working in pro sports. I supported the All Star Game (held in Toronto) and the “Basketball Without Borders” elite youth camps held around the world this past summer. I learned a ton about the decision-making process of a multi-billion dollar organization, and was pretty blown away by their sincere commitment to social responsibility programming. At State, we should also be proud to know that the NBA really relies on us around the world as subject matter experts and partners. There are dozens of Posts with whom we worked throughout the year—whether it be for women/girls-centered programming in Latvia and Ethiopia or to help demystify the visa process for the families of our players in Serbia or Congo.

Q: What did you learn from this private sector experience?

MO: The private sector exposure was fantastic. I’m bringing back to State a wealth of knowledge in monitoring and evaluation and emphasizing efficiency. I do have to admit that the time away also reinforced my love for the Foreign Service, our mission and our wonderful colleagues. My private sector teammates always found it fascinating that we get to travel the world on behalf of the country, and were every bit as interested in what we do day-to-day as I was of their work.

Morgan O’Brien’s views/opinions expressed on the blog/podcasts are not necessarily those of the State Department.

Check out the diplosport links below and while you’re at it, you might also check @SportsDiplomacy, the official Twitter account of exchanges.state.gov/sports

Sound Cloud: https://soundcloud.com/diplosport

iTunes: http://bit.ly/DiploSport

Google Play: http://bit.ly/2bUgvdI

Blog: http://www.diplosport.com/blog/

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US Embassy Belize: Three DCMs+Two Senior Manager Curtailments Since 2014, and More

Posted: 2:53 am ET
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State/OIG inspected the US Embassy in Belmopan, Belize from February 29 to March 11, 2016. According to the report, Embassy Belmopan’s authorized staffing includes 40 U.S. direct hires, 10 U.S. local hires, and 106 locally employed (LE) staff. The embassy’s FY 2015 budget, including all agencies, was approximately $35 million, which included $6.5 million in Bureau of International Narcotics and Law Enforcement (INL)-managed foreign assistance and $19 million in Bureau of Overseas Buildings Operations funds. Belize’s capital, Belmopan, is approximately 90 minutes away from the much larger Belize City, the country’s economic, political, and cultural hub. This distance affects access to professional contacts, medical services, and cultural and entertainment activities. See the full report here (PDF), or read the quick summary below:

bh-map

Report summary:

  • Despite logistical difficulties inherent in the distance between the capital and the much larger Belize City where most government officials reside, the Ambassador had cultivated relationships with the highest levels of the Belizean Government. This enabled the mission to promote U.S. Government interests.
  • The lack of internal controls over non-official use of government resources weakened safeguards against waste, loss, unauthorized use, or misappropriation of funds, property and other assets.
  • The Bureau of Human Resources, Office of Overseas Employment, had not responded to three long-standing embassy requests submitted as part of the requirement to change the local compensation plan. Premium rates and use of compensatory time were inconsistent with local law and prevailing practice.
  • Embassy Belmopan’s ClassNet equipment and architecture were significantly outdated compared to that deployed worldwide. A planned Global Information Technology Modernization upgrade was cancelled without warning as part of a worldwide suspension of installation activities.

US Embassy Belmopan is headed by non-career appointee, Carlos R. Moreno who assumed charge as Ambassador to Belize  on June 21, 2014. His deputy is DCM Adrienne Galanek who arrived in September 2015. According to the OIG report, there had been three DCMs and two senior manager curtailments “due to personal and performance issues since June 2014.”  

Excerpt below:

Embassy Belmopan was striving to manage mission resources and personnel more effectively. Most country team members were serving in leadership positions for the first time, and some section chiefs were also working outside of their areas of expertise. Embassy leadership was focused on advancing U.S. interests, developing a more collegial atmosphere, and improving internal controls.

Embassy Belmopan was striving to manage mission resources and personnel more effectively. Most country team members were serving in leadership positions for the first time, and some section chiefs were also working outside of their areas of expertise. Embassy leadership was focused on advancing U.S. interests, developing a more collegial atmosphere, and improving internal controls.

OIG conducted 49 documented interviews of U.S. staff, 26 of which elicited comments on the Ambassador and Deputy Chief of Mission (DCM). Confirming the results of OIG’s pre-inspection survey, interviewees consistently expressed the opinion that both the Ambassador and DCM were approachable, concerned for the welfare of their staff, and had strong interpersonal skills, all of which are leadership attributes emphasized in 3 Foreign Affairs Manual (FAM) 1214. For example, the Ambassador and DCM demonstrated their commitment to embassy safety and morale when deciding how to allocate the sole U.S. direct-hire position received through the Mission Resource Request process. Compelled to choose between an additional political reporting position and a Foreign Service nurse practitioner position, they opted for the latter to mitigate Belize’s limited health care facilities and improve employee access to skilled medical care. The interagency community, which consisted of the Peace Corps, the Military Liaison Office, and the Drug Enforcement Administration, all gave the Ambassador and DCM high marks for their efforts to foster cooperation throughout the mission.

Nonetheless, the Ambassador’s scores in OIG’s inspection survey, which evaluates ambassadors on more than a dozen leadership attributes, were lower in several categories than the average range seen in embassy inspections over the past 5 years. These leadership categories included communication, engagement, and feedback—all crucial factors in ensuring a well-managed embassy. Employees referred to the Ambassador and DCM as a good team that worked hard to cultivate a collaborative atmosphere, but employees also stated that the Ambassador and DCM had only partially succeeded in attaining this goal. Staff consistently described the DCM as overworked and struggling to resolve intersectional squabbles. OIG found that lengthy staffing gaps and the inexperience of several country team members had strained work interactions and contributed to low morale. Since June 2014, three DCMs and two senior managers had curtailed due to personal and performance issues, departures that hampered team building efforts.

OIG observations and employee interviews indicated a mission working to accomplish U.S. objectives. However, the front office often took weeks to clear and approve cables, memoranda, and embassy notices.

Yay!

  • An OIG review of the Ambassador’s and DCM’s claims for official residence and representational expenses and gift records determined that they both adhered to applicable regulations and to the 3 FAM 1214 principle that all employees model integrity.
  • The DCM performed nonimmigrant visa adjudication reviews, a required element of consular internal controls, as prescribed by 9 FAM 403.9-2(D).
  • The Department rated Belize high for crime. All embassy personnel who completed OIG surveys stated that the Ambassador and DCM supported the embassy security program as required by the President’s Letter of Instruction and 2 FAM 113.1(c)(5). The embassy was up-to-date on all emergency drills.
  • Props for Consular Section chief, Yomaris Macdonald: “Consular management and operations, including management controls, met Department standards. OIG reviewed emergency preparedness, visa adjudication standards, fee and controlled item reconciliation, and Regional Consular Officer reports and found no deficiencies. The Ambassador, DCM, consular officers, LE staff, Regional Consular Officer, and Bureau of Consular Affairs managers uniformly cited the Consular Section chief for her leadership skills.”


Yo, Tsk! Tsk!

  • Inspection surveys and interviews indicated that more front office attention to management operations was warranted.
  • The First-and Second-Tour (FAST) officer and specialist program had been dormant for several years.
  • The Bureau of Human Resources, Office of Overseas Employment, had not responded to three long-standing embassy requests submitted as part of the requirement to change the local compensation plan.
  • The ClassNet local area network was old and unreliable. The last equipment refresh or upgrade was in July 2010, making Embassy Belmopan’s ClassNet equipment and architecture significantly outdated compared to that deployed worldwide.
  • The Information Management Office was not conducting Information Systems Security Officer duties as required by 12 FAM 613.4 and 12 FAH-10 H-112.9-2. The person assigned these responsibilities was unaware of his assignment, nor had he completed the training requirement for the position.
  • Record Keeping Did Not Comply with Archiving Requirements
  • Lack of Management Controls Risked Inappropriate Use of Staff and Resources

The OIG Inspection Team was composed of Amb. Joseph A. Mussomeli, the team leader, John Philibin, the deputy team leader and the following members: William Booth, John Bush, Ronda Capeles, Darren Felsburg, Leslie Gerson, Michael Greenwald, Edward Messmer, Matthew Ragnetti, and Colwell Whitney.

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Aparecium! Why do plum jobs suddenly appear just days before bids are due?

Posted: 12:57 am ET
[twitter-follow screen_name=’Diplopundit’ ]

 

So hey, we’re hearing that three posts “snuck” onto the 2017 Details/ Training list last week – London, Wellington, and Rome. These are all MFA exchanges where you spend a year in that country’s MFA followed by a three year posting at the Embassy, so essentially a four year posting to a nice place.  Bids on these plum jobs are due on September 28 and involve getting reference letters, statements of interest, resumes — all uploaded online.

What we understand is unusual about this is that all the other training opportunities have been on the list since May. (Another source told us that Brussels, Berlin, and Ankara were the only ones on the regular bid cycle for details in June).  Which gives bidders without fore knowledge about these new opportunities approximately two weeks to get their act together if they want to make the 9/28 cut.

The other interesting aspect here is that early “handshakes” to people going to priority staffing posts (PSP) were apparently already offered a couple of weeks ago or so.  “All the people who would have had priority and would have surely loved to have bid on one of these posts simply could not” because these were not posted until a few days ago.

Via reactiongifs.com

Via reactiongifs.com

A Foggy Bottom nightingale believed that a lot more people would bid on these jobs if they knew they’re on the list. But the 2017 Details/ Training list has been out since late spring. So who’s paying attention?  Particularly at this time — just days before bids are due — when most people’s attention is on the big list. That is, the summer 2017 bid list that’s going to drop this week.

“Maybe if these plum jobs were publicized, more qualified bidders would act on them,” said by nobody at all.

So the clock’s ticking, there’s still 10 days to make the case for a post in London, Wellington, or Rome. Good luck, y’all!

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Related posts:

 

 

 

 

US Embassy Seoul: Amb @mwlippert Swims With Korean #Triathlon Athletes

Posted: 12:12 am ET
[twitter-follow screen_name=’Diplopundit’ ]

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Snapshot: U.S. Deportations to Top Receiving Countries: FY2013-FY2015

Posted: 12:03 am ET
[twitter-follow screen_name=’Diplopundit’ ]

Extracted from CRS RL34112 | August 2016 — via Secrecy News

Via CRS

Via CRS

 

 

Sexual Assault at a State Dept-Leased Apartment: If This Isn’t Abysmal Failure, What Is It?

Posted: 7:01 pm ET
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This is not a new case but we have not been aware of this case until we started digging around.  In 2009, a Policy Analyst with the Department of Homeland Security (DHS) worked as a liaison to the State Department (the Agency).

According to EEOC records, in and around May 2009, the DHS employee (Complainant) was on a tour of duty in Germany, working as an Agency employee. Complainant asserts that, on May 10, 2009, while visiting a friend outside of duty hours, she was sexually assaulted by an individual who, at the time, was a State Department contractor. The incident took place in a State Department-leased apartment in Prague, Czech Republic. The EEOC decision dated June 16, 2011 notes that the accused individual subsequently became a permanent employee of the Agency.

The complainant had to make several attempts to report the sexual assault. She was eventually directed to contact the EEO office at DHS, who took no action, and refused to take her case because the attacker was not a DHS employee. She was sent to the Violent Crimes Unit of Diplomatic Security, who investigated the case and referred it to DOJ for prosecution. DOJ took no action. A DS investigator advised her to contact State/OCR. She interacted with that office for 6-7 months but these “activities focused primarily on resolving the matter as opposed to exploring or clarifying the extent of any EEO implications” according to the EEOC.

Whiskey Tango Foxtrot!

Then State/OCR dismissed the case for failure to state a claim and untimely contact with an EEO counselor.

Sexual assault is a crime punishable by law. Sexual assault and sexual harassment are not the same.  Sexual assault describes the catch-all crime that encompasses unwanted sexual touching of many kinds, with links to state penal code and federal law on related crimes.  It includes rape, forcible sodomy (oral or anal sex), and other unwanted sexual contact that is aggravated, abusive, or wrongful (including unwanted and inappropriate sexual contact) or attempts to commits these acts.

FindLaw notes that Federal law directs judges to examine a number of factors, including the defendant’s criminal history and his or her acceptance of responsibility, when setting a punishment. The federal law criminalizing sexual assault sets a maximum sentence of 20 years in prison, and also provides for fines. In addition, federal law provides that those convicted of sexual assault must compensate their victims for any expenses directly related to the crime. This can include costs for medical care, physical or occupational therapy, attorney’s fees, and other related expenses.

But first, you’ve got to investigate, charge the perpetrator and find him or her guilty.

The complainant here alleged that she was sexually assaulted in USG-leased housing, why did people send her to an Equal Employment Opportunity office for godsakes? Why did DOJ take no action? If there was probable cause for Diplomatic Security to refer this case to DOJ for prosecution, how did the contractor become a State Department employee? This incident happened in 2009, the victim did not get to file her case until a year later, and the EEOC did not make a decision until 2011. At some time during this lengthy process, the victim resigned from federal service. The unnamed alleged attacker may still be in the bureaucracy.

Sure, we could call this abysmal systems failure.

But just about every part of this process was deplorably bad. And the people who worked in the system made it so.

Excerpts below from the EEOC decision (we underlined some parts for emphasis):

Reporting sexual assault — Whiskey Tango Foxtrot!

In and around May 2009, Complainant was on a tour of duty in Germany, working as an Agency employee. Complainant asserts that, on May 10, 2009, while visiting a friend outside of duty hours, she was sexually assaulted by an individual who, at the time, was an Agency contractor.1 This individual subsequently became a permanent employee of the Agency. The record does not indicate in what capacity he was employed or the date his employment began.

After making several attempts to report the sexual assault and being redirected to various components in DHS, Complainant was eventually directed to contact DHS’ EEO office, which she did on June 1, 2009. The record suggests that DHS engaged in limited EEO counseling, but took no action to process Complainant’s allegations as a potential EEO complaint.  Instead, approximately a week after her June 1 contact, DHS effectively dismissed Complainant from the EEO process, concluding that it could not entertain her issues because the alleged attacker was not its employee.  DHS then advised Complainant to contact the Agency, which she did on June 11, 2009.

Soon thereafter, a criminal investigation was initiated by the Violent Crimes Unit of the Agency’s Office of Diplomatic Security. Complainant was cautioned to refrain from discussing the May 10 incident until the investigation was complete. In October 2009, the Agency referred the matter to the Department of Justice (DOJ) for prosecution upon finding probable cause to believe Complainant’s allegations were true. For reasons not reflected in the record, DOJ took no action.

On October 23, 2009, pursuant to the advice of the Violent Crimes Unit investigator, Complainant contacted the Agency’s Office of Civil Rights (OCR). During the next six or seven months, she interacted with various OCR representatives whose activities focused primarily on resolving the matter as opposed to exploring or clarifying the extent of any EEO implications.  On May 24, 2010, Complainant filed a sparsely worded formal complaint which contained a single averment of discrimination relating to the sexual assault and several items of requested relief.

In a September 28, 2010 FAD, the Agency dismissed the May 24 complaint upon finding that it failed to state a claim and that Complainant failed to timely contact an EEO counselor.  The instant appeal followed. We note that Complainant is pro se.

Contentions on appeal

In a statement accompanying her appeal, Complainant argues that the chronology of relevant events belies the Agency’s finding that she was untimely in initiating EEO counseling. She also appears to raise questions regarding the trustworthiness of the FAD (final agency decision) by noting several errors of fact reflected in the Agency’s reasoning. The Agency filed no response.

EEOC reversed the State Department’s dismissal

The Agency does not dispute that the alleged assault occurred on May 10, 2009.  Nor does it dispute that Complainant first sought counseling on June 1, 2009 with DHS. The Agency’s finding that Complainant was untimely is premised on the apparent view that her DHS contact had no significance under subsection 105(a)(1). We conclude that it did. To rule otherwise would require the Commission to ignore the plain wording of the subsection, which provides only that aggrieved individuals contact “a” Counselor within the stated time. There is no requirement that the Counselor be from the agency that receives the complaint.3  In this case, Complainant logically initiated contact with a Counselor in the agency where she was employed.

It is self-evident that June 1, 2009 is within 45 days of May 10, 2009. We, therefore, find that Complainant’s counseling contact was timely and reverse the Agency’s dismissal on this ground.

Alleged perpetrator went from contractor to employee

The Commission’s regulation at 29 C.F.R. § 1614.107(a)(1) authorizes an agency to dismiss a complaint that fails to state a claim that can be remedied through the EEO process.  In its FAD, the Agency concluded that Complainant failed to assert a remediable claim because neither she nor her alleged attacker was functioning in work status when the “event in question” occurred. The non-work status of Complainant and her alleged attacker, on May 10, 2009,  would likely be dispositive of this appeal were we to find that the “matter” in question, when the complaint was filed, was clearly confined to the alleged assault.4 Such a finding cannot be made, however, on the basis of the current record.

We are mindful, initially, that the counseling process was unduly erratic and prolonged in this case. Indeed, more than a year had elapsed before Complainant was provided the opportunity to file a formal complaint. Several events occurred, in the interim, which are potentially relevant to the sufficiency of her complaint.

For instance, by the time the complaint was filed, there had been a change in status of the individual the Agency believed had “probably” assaulted Complainant. He went from being an Agency contractor to an Agency employee. Although it is not clear whether, as a DHS “liaison” to the Agency, Complainant had (or would have)  been required to work with (or for) this individual, we find it significant that, at some point prior to filing the complaint, Complainant resigned from federal service. The record suggests that the resignation was under duress and may have related to a requirement that she refrain from discussing her ordeal.  See Complaint File, April 21, 2010 email from Complainant to named Agency official (“I don’t want to be forced to keep [the attacker’s] secret when I’m the one being hurt and losing.”)

At this juncture, we do not know how (if at all) Complainant’s employment may have been affected by the May 2009 incident. The record is wholly undeveloped in this regard. However, we can say that, if the Agency had directed Complainant to remain silent in order to protect the alleged attacker or facilitate his employment, it could hardly be found (as the Agency did) that the incident did not “involve” any term or condition of her employment. Without suggesting that the known facts in this case, by necessity, implicate a potential claim of “sexual harassment,” it is relevant to note that the Commission has recognized that harassment which occurs outside of work may state a claim when the effect of the off-duty incident creates an “intolerable influence on the employee’s working conditions.” Kokangul v. Department of the Army, EEOC Appeal No. 01A61380 (July 6, 2006)

Deficient EEO processing — looking at you S/OCR

We make no finding with regard to the existence of a viable discrimination claim arising from the May 2009 incident. We merely find that deficiencies in processing, as well as the record, render it impossible to determine the full measure of the concerns Complainant sought to pursue through the EEO process.  The quality of the EEO counseling, provided by the Agency and DHS, left much to be desired in terms of ensuring the record would be adequate to assess the sufficiency of any formal complaint that Complainant might file.

Incomplete files

It is unclear, for example, why the Complaint File does not include the Violent Crime Unit’s report, given its obvious relevance to the matter that prompted Complainant to seek EEO counseling. Also inexplicably missing from the record is a “statement” Complainant apparently prepared during the course of the counseling process.6 The absence of this and other information renders the record insufficient to determine the nature of any claim Complainant may have sought to assert.

Should have – what, whose contractor?

Finally, we note that the Agency also relied on 29 C.F.R. § 1614.106(a) as a ground for dismissing the complaint, finding that Complainant should have filed it against DHS because the alleged attacker was a DHS contractor.7 This ground is also found to be without merit. There is nothing in the record that contradicts the statements made by Complainant and others that her attacker was a contractor (and later an employee) of the Agency—not DHS.

*

The complainant here would have been under chief of mission authority in Germany where she was assigned a tour of duty. We don’t know what would have been her status in the Czech Republic where the alleged attack took place. But the incident occurred in a State Department-leased apartment. So we expect that the State Department would have been the investigating authority.  This case happened in 2009 and decided by the EEOC in 2011.  This got us thinking on what procedure is in place for reporting sexual assault in the Foreign Service.

We’ve spent the last several days trying to locate the Foreign Service Manual or Foreign Affairs Handbook for the procedure in reporting sexual assault in the Foreign Service, but have been unsuccessful, so far. We were able to find 7 FAM 1940  REPORTING CRIME VICTIM CASES, but this section only apply to non-official, private Americans and the reporting covers only crimes reported to a consular officers abroad by victims, their families or by the host country government and which result in a consular officer or officers providing substantial assistance to the victim.

We’ve asked the State Department for its sexual assault regs and guidance; we’ve received a response but it deserves a separate post.

link

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