OPM: Guidance For Agency-Specific Domestic Violence, Sexual Assault, and Stalking Policies

Posted: 12:30 am ET

 

Via OPM:

One in 5 women and 1 in 71 men have been raped at some point in their lifetimes, and nearly 1.3 million women in the U.S. are raped every year. The statistics are sobering – even more so with our understanding that these types of crimes are often the most underreported. It is important to note that victims may experience one of these forms of violence or all three at the same time. Although women are the majority of victims, as the above statistics show, men can also become victims. In addition, these crimes affect people of all backgrounds, including race, income, religion, sexual orientation, gender identity, age, disability, etc.

Sexual Assault

Sexual assault refers to a range of behaviors, including but not limited to, a completed nonconsensual sex act (e.g., rape, sodomy, child molestation), an attempted nonconsensual sex act, and/or abusive sexual contact. Sexual assault includes any sexual act or behavior that is perpetrated when someone does not or cannot consent. A victim of sexual assault may know the perpetrator, such as a co-worker or a supervisor, and/or may be involved in a dating or marital relationship with the perpetrator, or the perpetrator may be unknown to the victim. Lack of consent should be inferred when a perpetrator uses force, harassment, threat of force, threat of adverse personnel or disciplinary action, or other coercion, or when the victim is asleep, incapacitated, unconscious, or physically or legally incapable of consent.

Below is an excerpt from OPM’s guidance for agency-specific domestic violence, sexual assault, and stalking policies:

Domestic violence, sexual assault, and stalking have the potential to affect every Federal workplace across the United States. It is the policy of the Federal Government to promote the health and safety of its employees by acting to prevent domestic violence, sexual assault, and stalking within the workplace and by providing support and assistance to Federal employees whose working lives are affected by such violence.

This Guidance for Agency-Specific Domestic Violence, Sexual Assault, and Stalking Policies provides agencies with direction to enable them to fulfill the goals identified in the Presidential Memorandum on “Establishing Policies for Addressing Domestic Violence in the Federal Workforce,” which was issued on April 18, 2012. As the nation’s largest employer, the Federal Government should act as a model in responding to the effects of domestic violence, sexual assault, and stalking in the workplace. Some agencies have already taken steps to address these issues. By building on these efforts, the Federal Government can further address the effects of domestic violence, sexual assault, and stalking on its workforce, promoting the health and safety of its employees and improving the quality of its service to the public.

Read more below:

The State Department does not/does not have a published sexual assault or stalking policies.  Browsing state.gov shows that the State Department does asks: What is the United States’ Role in Addressing Sexual Violence in Libya and Syria? Also this: Evaluation of Implementation of the United States Strategy to Prevent and Respond to Gender-Based Violence Globally, August 2012 to August 2015. And many more reports related to sexual assault and gender violence elsewhere.

But.

It does not have a published sexual assault and stalking policies for its employees/family members that are publicly available.

An FSO who is sexually assaulted has no easy way to determine the reporting process.  And if a family member not employed at post is assaulted, he/she does not have access to the State Department intranet. Whatever Diplomatic Security cable guidance reside behind the firewall (we’re looking for three cables), their contents could also be useless to sexual assault victims who have no state.gov accounts. So some questions:

  • Was an analysis of the agency’s current ability to handle incidents related to domestic violence, sexual assault, and stalking in its workforce ever conducted as called for by the OPM guidance (see below)? What does this ability look like within an agency with over 275 locations worldwide?
  • OPM called for reporting procedures that provide an effective, confidential, and accessible way for employees to report incidents and concerns. Because the credibility of any reporting procedure will depend on the extent to which reports are handled quickly and efficiently, agency staff responsible for responding to reported incidents should be trained and prepared to handle any such reports. OPM says that agencies should recognize and respect a victim’s right to privacy and the need for confidentiality and autonomy.  According to OPM, the agency should make every effort to provide advance notice to the employee who disclosed information about the fact that the information will be disclosed, with whom it will be disclosed, and why. The agency should also provide the employee with the names and titles of the people with whom the agency intends to share the employee’s statements and should explain the necessity and purpose of that disclosure. What kind of procedure exists at the State Department? What level of confidentiality is extended to sexual assault victims?
  • OPM said that agencies should develop plans that specify which offices will generally respond to different types of incidents and who will be responsible for different aspects of incident responses.  Which offices at State are tasked to do this?
  • What types of workplace flexibilities are available to an employee when the employee and/or the employee’s family member(s) are victims of domestic violence, sexual assault, or stalking?
  • What does the State Department do with employees who are perpetrators and employees who are victims? Since the Office of Special Investigations receives and catalogues allegations and complaints but neither categorized them by location nor by alleged offense, who actually knows how many sexual assaults and domestic violence have occurred in the Foreign Service?

Click here to see the State Department’s Sexual Harassment Policy via the Office of Civil Rights.

For domestic violence, see 3 FAM 1810 | FAMILY ADVOCACY PROGRAM (Child Abuse, Child Neglect, Domestic Violence).

Nada for sexual assault.

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Taliban Attacks German Consulate, Building Previously Abandoned by USG For Being “Too Dangerous”

Posted: 2:04 am ET

In December 2009, the US Embassy in Kabul announced that Ambassador Karl W. Eikenberry and the Foreign Minister of the Islamic Republic of Afghanistan, Dr. Rangin Dadfar Spanta, signed a new agreement under which the United States would lease an historic 1930’s hotel in Mazar-e-Sharif for use as the new U.S. Consulate. At that time, the United States has agreed to invest approximately $26 million to renovate the Mazar Hotel facility so that it may be used as an office building and housing for consulate employees (see US Consulate in Mazar-e-Sharif Moving Forward and DIY Home Renovation Opportunity in Mazar-e-Sharif.

After signing a 10-year lease and spending eventually more than $80 million on a site envisioned as the United States’ diplomatic hub in northern Afghanistan, American officials were reported to have abandoned their plans, deeming the location for the proposed compound too dangerous according to WaPo in May 2012. The WaPo report cited an internal memo written by Martin Kelly, then acting management counselor at the U.S. Embassy in Kabul saying that the facility was far from ideal from the start:

The compound, which housed a hotel when the Americans took it on, shared a wall with local shopkeepers. The space between the outer perimeter wall and buildings inside — a distance known as “setback” in war zone construction — was not up to U.S. diplomatic standards set by the State Department’s Overseas Security Policy Board. The complex was surrounded by several tall buildings from which an attack could easily be launched.[…] Responding effectively to an emergency at the consulate would be next to impossible, Kelly noted, because the facility does not have space for a Black Hawk helicopter to land. It would take a military emergency response team 11 / 2 to 2 hours to reach the site “under good conditions,” he said.”

Also this:

In December (2011), embassy officials began exploring alternative short-term sites for their diplomatic staff in northern Afghanistan. A Western diplomat familiar with the situation said the United States has sought, so far in vain, to persuade the German and Swedish governments to sublet it. The diplomat, who spoke on the condition of anonymity because he was not authorized to speak about the matter, said European diplomats have found the prospect laughable.”

Read more US Consulate Mazar-e-Sharif: $80 Million and Wishful Thinking Down the Drain, and Not a Brake Too Soon.

In June 2013, the German Consulate opened at the old Mazar Hotel in Mazar-e-Sharif.

Last Thursday, a suicide bomber rammed a truck into the German Consulate in Mazar, killing at least six civilians and wounding 120.  The Telegraph reported that Afghan special forces have cordoned off the consulate, previously well-known as Mazar Hotel, as helicopters flew over the site and ambulances with wailing sirens rushed to the area after the explosion. On November 12, the US Embassy in Kabul announced that it will be closed for routine services on Sunday, November 13 as a temporary precautionary measure.

We don’t as yet know if this property with a 10-year USG leased was sublet by the German Government or purchased by the Germans from its owners. We will update if we know more. There were local casualties but there were no reported casualties for German consulate workers. We understand that this was a reasonably secure building after all the fit-out and upgrade work was done prior to the USG suspending the project in 2012 but that the site is hemmed in by other structures and too close to high-traffic venues like the Blue Mosque. Then Ambassador Ryan Crocker decided that the location was too risky when he arrived in Afghanistan and so the USG abandoned this building.

Diplomatic Security Highlights History, and More in 100th Anniversary Video

Posted: 12:22 am ET

 

We’ve previously blogged about diversity and harassment issues at the Bureau of Diplomatic Security (See Dear @JohnKerry: One of Your Foggy Bottom Folks Is Asking — Is This Diversity?POTUS Issues Memo Promoting Diversity and Inclusion, and @StateDept Sounds Like Baghdad BobPDAS Miller Issues Sexual Harassment Message to Diplomatic Security Employees, What’s Missing?).

DS recently released a video celebrating the 100th anniversary of the Diplomatic Security Service.  The original investigative office was called the Bureau of Secret Intelligence. Later, the organization evolved into the Office of the Chief Special Agent, then the Office of Security (SY), then became the Diplomatic Security Service. Click here to view the newly released “DSS Then & Now – The First Century of the Diplomatic Security Service” photo history book (PDF).

The video below includes the Principal Deputy Assistant Secretary and  Director of the Diplomatic Security Service Bill MillerVictor Dikeos, former Director of Security (1974-1978), and the following DS employees in order of their appearance: Wendy Bashnan, Special Agent in Charge; Steven Antoine, Asst Special Agent in Charge; Mark Baker, Special Agent; Shane Morris, Diplomatic Courier; Kendall Beels, Special Agent; and Luis Matus, Deputy Regional Director, High Threat Program.

The DS video featured nine former and current employees including two female DS agents and one female DS courier.  DS has previously used Agent Bashnan in another PR brochure, A Global Force: Agent Profile.  Shane Morris was the Diplomatic Courier of the Year for 2011. Kendall Beels was one of the two DS agents who shut down a massive U.S. visa fraud ring operating in the tri-state area of New York City and was awarded the Federal Law Enforcement Foundation (FLEF) Investigators of the Year Award in 2006.

1916 – 2016

By the way, A Global Force: Agent Profile brochure says that “For women who choose Diplomatic Security as a career, there are no limits to how far you can go.”  Also that “Diversity is one of the greatest strengths of Diplomatic Security.”  

Folks who want to rate this in Pinocchios are welcome to do so in the comment space.

 

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Burn Bag: Consular Locally Employed Staff on LinkedIn? #VisaTroubles

Via Burn Bag:

“So, the Consular Section’s locally engaged employees are publicly identifying themselves as such on LinkedIn? Not a good idea.”

via imoviequotes.com

via imoviequotes.com

LES – Locally Employed Staff

FSNs – Foreign Service National employees

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US Embassy Kenya’s Threat Designation Downgraded Just as ISIS Claims Stabbing Attack

Posted: 1:15 am ET

 

There was a shooting incident outside the U.S. Embassy in Nairobi, Kenya on October 27 after a knife-wielding assailant attacked an armed Kenyan police officer guarding an entrance to the embassy.  This is one more reminder that local law enforcement employed by host countries and local embassy guards are in the front line of protecting our missions overseas.  The US Embassy said that no Embassy personnel were involved and no U.S. citizens are known to have been affected by this incident.  The Embassy closed to the public on October 28 for routine consular services but emergency consular services for U.S. citizens remained available.  In its Security Message to U.S. citizens, Embassy Nairobi writes, “We are grateful for the ongoing protection provided by the Kenyan police. We are cooperating with Kenyan authorities on the investigation of the incident on Thursday, October 27 and refer all questions about the investigation to them. We will be open to the public for normal operations on Monday, October 31, 2016.”

 

A quick look at the State Department’s Office of Allowances website indicates that Kenya had zero danger pay in September 2013, when the Westgate mall attack occurred. The website indicates that Kenya has been designated as a 15% danger differential post since June 29, 2014  until October 30, 2016 when the latest data is available online.

However, we understand that Embassy Nairobi has recently been downgraded in threat designation for terrorism which eliminates danger pay. We were reminded that it took 9 months after the Westgate Shopping Mall Attack before any danger pay differential kicked in for U.S. Embassy Nairobi; and this happened while reportedly about a third of the country including several neighborhoods in Nairobi remain red no-go zones for employees posted in Kenya.  The allowances website does not reflect the downgraded status as of yet so we’ll have to wait and see what happens to the mid-November update.

The sad reality is these attacks could happen anywhere.  There were 1,475 attacks in 2016 alone involving 12,897 fatalities around the world.

 

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State/OIG Issues 11-Page Inspection Report of U.S. Embassy Croatia: Nothing to See Here!

Posted: 2:21 am ET

 

 

FSprob_nothingtosee

 

Below is the 11-page report issued by State/OIG. The summary of the report says:

  • Embassy Zagreb operated well and pursued the Integrated Country Strategy’s major policy objectives.
  • The Bureau of European and Eurasian Affairs had not funded an additional ambassadorial driver position. Ambassadorial drivers were regularly on duty more than 10 hours per day.
  • The embassy had not consistently completed risk assessments or developed monitoring plans for all federal assistance awards using Department-approved formats.

The report does not include discussion about public diplomacy grants.  On consular affairs, it says the programs are well-run but makes no discussion about workload, or services provided to how many Americans in country. There’s no discussion about property management or procurement, the Health Unit, Equal Employment Opportunity, overseas schools, family member employment, etc.  Does the embassy have armored vehicles, are they assessed annually? Yo! The previous inspection was in 2009. It’s all good?  On locally employed staff, the report says, “Complaints about the wage increase and position classification process, however, were beyond the control of the Human Resources Unit.”  Huh? There is also no real discussion about public affairs and post’s social media strategy except a passing mention that the Ambassador created a Twitter account in February 2016 and by the time of the inspection had posted more than 300 tweets and attracted almost 600 followers.

Folks, seriously?

OIG inspected Embassy Zagreb from May 31 through June 15, 2016.  The OIG Team Members are John Dinger, Team Leader, Leslie Gerson, Deputy Team Leader Paul Houge, Dolores Hylander, Richard Kaminski, Shawn O’Reilly and Timothy Wildy.

 

Here is the 47-page inspection report from August 2009. Enjoy!

 

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Burn Bag: Listen Up, Mr. Career Development Officer!

Via Burn Bag:

“Why does my CDO use demeaning, belittling nicknames to refer to his clients in every email he sends out?  For the love of god, why?”

via zap2it.com

via zap2it.com

 

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GAO Reviews @StateDept’s Efforts to Protect U.S. Diplomatic Personnel in Transit

Posted: 2:34 am ET

 

According tot he GAO, many of the worst attacks on U.S. diplomatic personnel—including 10 of the 19 attacks that prompted State to convene ARBs—occurred while victims were in transit.  It recently released its report on the State Department’s efforts to protect U.S. diplomatic personnel in transit overseas. See Diplomatic Security: State Should Enhance Its Management of Transportation-Related Risks to Overseas U.S. Personnel (GAO-17-124).  For this report, GAO evaluated the extent to which State, with regard to transportation security at overseas posts, has (1) established policies, guidance, and monitoring; (2) provided personnel with training; and (3) communicated time- sensitive information.

Summary:

The Department of State (State) has established policies related to transportation security for overseas U.S. personnel, but gaps exist in guidance and monitoring. GAO reviewed 26 posts and found that all 26 had issued transportation security and travel notification policies. However, policies at 22 of the 26 posts lacked elements required by State, due in part to fragmented implementation guidance on what such policies should include. State also lacks a clear armored vehicle policy for overseas posts and procedures for monitoring if posts are assessing their armored vehicle needs at least annually as required by State. These gaps limit State’s ability to ensure that posts develop clear policies that are consistent with State’s requirements and that vehicle needs for secure transit are met.

While State provides several types of training related to overseas transportation security, weaknesses exist in post-specific refresher training. Regional security officers (RSO) receive required training related to transportation security in special agent courses, and nonsecurity staff reported receiving relevant training before departing for posts—including on topics such as defensive driving and the importance of taking personal responsibility for one’s security—as well as new arrival briefings at posts. At most of the 9 posts GAO visited, however, staff had difficulty remembering key details covered in new arrival briefings or described the one-time briefings as inadequate. State’s requirements for providing refresher briefings are unclear, potentially putting staff at greater risk.

State uses various systems at overseas posts to communicate time-sensitive information related to transportation security, but several factors hinder its efforts. RSOs and other post officials are responsible for communicating threat information to post personnel. However, at 4 of the 9 posts it visited, GAO learned of instances in which staff did not receive important threat information in a timely manner for various reasons. In one case, this resulted in an embassy vehicle being attacked with rocks and seriously damaged while traveling through a prohibited area. In addition, while all 9 of the posts GAO visited require that personnel notify the RSO before traveling to certain locations, personnel at more than half of the 9 posts said they were unaware of these requirements or had difficulty accessing required travel notification systems.

State.gov Emails

We should note that family members who do not work for our embassies and consulates do not have state.gov emails. And by the way, they are the ones  who are driving around in their host countries — from homes to schools, to groceries, to playdates, etc — in their private vehicles with diplomatic plates. Excerpt from the GAO report:

RSOs at the nine posts we visited told us they communicated transportation-related threat information to post personnel through various methods, such as post-issued radios, personal and official e-mail, text messages to work and personal mobile phones, and phone trees. However, we learned of instances at four of the nine posts in which personnel did not receive important threat information in a timely manner.  For instance, at one of the posts we visited, the RSO sent a security notice restricting travel along a specific road and warning that recent violent protests in the area had resulted in injuries and even death, but because the notice was sent exclusively to state.gov e-mail addresses, some non-State personnel at the post did not receive it at the e-mail address they regularly used and were unaware of the restriction. The personnel subsequently traveled through the restricted area, resulting in an embassy vehicle being attacked with rocks while on unauthorized travel through the area. While no one was hurt, the vehicle’s front windshield was smashed. The RSO told us that to avoid similar situations in the future, he would add the personnel’s regularly used e-mail addresses to his distribution list for security notices. At another post, focus group participants stated that they did not receive any information from the RSO or other post officials about the security-related closure of a U.S. consulate in the same country and instead learned about the closure from media sources. Participants in focus groups at two other posts stated that threat information is often either obsolete by the time they receive it or may not reach staff in time for them to avoid the potential threats.

OpenNet Accounts

Personnel at more than half of the nine posts we visited cited difficulty using travel notification systems or were unaware or unsure of their post’s travel notification requirements. While three of the nine posts we visited permit personnel to use e-mail or other means to inform the RSO of their travel plans, the remaining six posts require personnel to complete an official travel notification form that is only accessible through a State information system called OpenNet. However, according to officials responsible for managing State’s information resources, including OpenNet, not all post personnel have OpenNet accounts. Specifically, all State personnel at overseas posts have OpenNet accounts, but some non-State agencies, such as the U.S. Agency for International Development, typically only have a limited number of OpenNet account holders at each post; some smaller agencies, such as the Peace Corps, usually have none. One focus group participant from a non-State agency told us that because she does not have an OpenNet account, her ability to submit travel notifications as required depends on whether or not she is able to find one of the few individuals at the post from her agency that does have an OpenNet account. Similarly, the travel notification policy for another post requires that post personnel use an OpenNet-based travel notification system even though the policy explicitly acknowledges that not all post personnel have OpenNet accounts.

Armored Vehicles and the EAC

The FAH establishes a minimum requirement for the number of armored vehicles at each post. The FAH also states that post Emergency Action Committees (EAC) must meet at least annually to discuss post armored vehicle programs and requirements.21 According to the FAM, it is important that EACs provide information on posts’ armored vehicle requirements to ensure there is sufficient time to budget for the costs of such vehicles, including the extra costs associated with armoring them.22

We found that DS may not be meeting the first of these FAH requirements, and EACs are not meeting the second requirement at every post. With respect to the first requirement, DS officials initially explained that under the FAH, every embassy and consulate is required to have a certain number of armored vehicles, but we found that not every consulate met this requirement as of May 2016. These potential deficiencies exist in part because DS has not instituted effective monitoring procedures to ensure that every embassy or consulate is in compliance with the FAH’s armored vehicle policy.

The GAO recommend that the Secretary of State direct Diplomatic Security to take the following eight actions:

  1. Create consolidated guidance for RSOs that specifies required elements to include in post travel notification and transportation security policies. For example, as part of its current effort to develop standard templates for certain security directives, DS could develop templates for transportation security and travel notification policies that specify the elements required in all security directives as recommended by the February 2005 Iraq ARB as well as the standard transportation-related elements that DS requires in such policies.
  2. Create more comprehensive guidance for DS reviewers to use when evaluating posts’ transportation security and travel notification policies. For example, the checklist DS reviewers currently use could be modified to stipulate that reviewers should check all security directives for DS-required elements recommended by the February 2005 Iraq ARB. The checklist could also provide guidance on how to take the presence or absence of these required elements into account when assigning a score to a given policy.
  3. Clarify whether or not the FAH’s armored vehicle policy for overseas posts is that every post must have sufficient armored vehicles, and if DS determines that the policy does not apply to all posts, articulate the conditions under which it does not apply.
  4. Develop monitoring procedures to ensure that all posts comply with the FAH’s armored vehicle policy for overseas posts once the policy is clarified.
  1. Implement a mechanism, in coordination with other relevant State offices, to ensure that EACs discuss their posts’ armored vehicle needs at least once each year.
  2. Clarify existing guidance on refresher training, such as by delineating how often refresher training should be provided at posts facing different types and levels of threats, which personnel should receive refresher training, and how the completion of refresher training should be documented.
  3. Improve guidance for RSOs, in coordination with other relevant State offices and non-State agencies as appropriate, on how to promote timely communication of threat information to post personnel and timely receipt of such information by post personnel.
  4. Take steps, in coordination with other relevant State offices and non- State agencies as appropriate, to make travel notification systems easily accessible to post personnel who are required to submit such notifications, including both State and non-State personnel.

The GAO report notes that the State Department concurred with all its recommendations except one.  State did not concur with the sixth recommendation to clarify guidance on refresher training. In its response, State described a number of efforts that RSOs take to keep post personnel informed, such as sending security messages via e-mails and text messages, and therefore State did not believe additional formal training was necessary.  The GAO acknowledge the efforts but writes:

Nevertheless, participants in 10 of our 13 focus groups either had difficulty recalling certain security policies and requirements or described their security briefings as inadequate. Participants noted that this was, in part, because it can be challenging to remember the content of new arrival security briefings while they are simultaneously managing the process of moving and adjusting to a new post and because of the one-time nature of new arrival briefings. DS headquarters officials stated that most violations of post travel policies are due to personnel forgetting the information conveyed in the new arrival briefings.

This is the third in a series of GAO reports on diplomatic security. For GAO’s previous work on security at residences, schools, and other soft targets, see GAO-15-700 (http://www.gao.gov/products/GAO-15-700) and for the review of security at embassies and consulates, see GAO-14-655 (http://www.gao.gov/products/GAO-14-655).

 

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Dear @JohnKerry: One of Your Foggy Bottom Folks Is Asking — Is This Diversity?

Posted: 1:25 pm ET
Note: In an ideal, healthy organization, this letter would be signed by the author and you’d be reading this and discussing creative solutions on the Secretary’s Sounding Board.  What is clear to us is that the fears of reprisal/retaliation are real. This anonymous letter is one more proof of that.  Except for the four active hyperlinks we’ve added to help readers, the text and photo below are published below as received —

 

From an anonymous DS Employee: Is This Diversity?

A poignant piece in the President’s Memorandum on Promoting Diversity and Inclusion in the National Security Workforce was the conclusion that “In broad comparison with the wider Federal Government, the federal workforce dedicated to our national security and foreign policy is – on average – less diverse, including at the highest levels.”  Unfortunately, when it comes to the highest levels of the Bureau of Diplomatic Security (DS) diversity is not only less than the average – – it is nonexistent!

ds-top-ranks

A review of the facts.

DS senior leadership is composed of an Assistant Secretary, a Principal Deputy Assistant Secretary, seven Deputy Assistant Secretaries, an Executive Director, and a Coordinator for Security Infrastructure.  Four years ago all of these positions with the exception of the AS were held by active Senior Foreign Service and Senior Executive Service officers.  Two positions were held by female officers and one by a African-American officer.  In the past three years, all three minority members either retired or moved into other positions outside of DS.  Eight of the ten senior leadership positions have become vacant during that time, some more than once, and the current PDAS – Bill Miller, who became subject to Time-in-Class (TIC) restrictions and left active service – was appointed into the PDAS role.

Of the ten opportunities that DS has had to select officers to fill vacancies at the Bureau’s senior-most positions it has consistently selected Caucasian male officers. DS went from a Bureau that from a diversity standpoint was about where the rest of the government is now – less diverse than the average – to one that is now all white, all male, all the time.

We have witnessed the cleansing of DS over the past three years.  It is troubling, and, it should be raising alarm bells throughout the Department.

But is it not.

Instead, the Department is preparing to reward DSS Director Miller with a third appointment year as PDAS of DS.  Furthermore, DS is now expanding the practice of appointing officers subject to TIC up or out restrictions into positions formerly held exclusively by active SFS officers with the appointment of the outgoing Overseas Security Advisory Council Office Director into his own position, as an appointee. This was accomplished quietly, with the Department’s concurrence, devoid of any semblance of transparency.

The lack diversity is not limited to the FE-MC/OC and SES level officers who make up DS’s Senior Leadership.  It also extends to the subordinate staffs.  Unlike the Assistant Secretary’s DS Front Office, which to Gregory Starr’s credit has consistent been composed of a highly qualified and richly diverse staff, the PDAS’ DSS FO has been anything but.  To this day, the DSS FO staff with the exception of the Office Manager consists of…all white males.  One DS Senior sets a model for the Bureau to emulate, the other projects a do as I say not as I do standard.

In May, PDAS Miller brought most of the DS leadership from around the globe to the Department for a two-day leadership forum.  On day two he showcased his all-white, all-male team of seniors on the dais for a full day of Q&As. The one area the PDAS and the rest in the dais were unprepared to discuss were the stream of questions on the topic of diversity that were raised throughout the day and which went largely unaddressed.

It is difficult to reconcile Director General Arnold Chacon’s statements about Department values and principles, and ensuring that the Department’s workforce reflect the nation’s richness and diversity, when matched against the reality of the past three years within DS.  Even more difficult considering that all senior-most assignments in DS require the approval of Department Seniors.

In response, the Department should:

  • first and foremost, acknowledge that there is an appalling lack of diversity in the senior-most ranks of DS that should jar the Department’s Leadership into action to identity immediate steps to rectify the issue;
  • either instill a sense of urgency in current DS Leadership on the topic or allow the next set of leaders to rise to the top positions, with a renewed sense of purpose and focus that truly embraces the ideals that the Department publishes;
  • if the current PDAS is to remain in place for another year, an officer from the Office of Civil Rights should be permanently assigned to his Front Office to help guide him on matters of inclusivity and diversity;
  • mandate that DS develop and publicly publish a comprehensive diversity strategy;
  • understand that it shares in the responsibility for the current state within DS;
  • also, understand the likelihood that this letter will evoke a backlash from those who have been criticized and take steps to guard against the potential for retribution.
A series of conscious decisions led to the current state of DS. This is written in part as a call for accountability. It is also written in the hope that it will trigger action and a sense among the increasingly disenfranchised segment of DS that it is ok to voice concern even when aimed at our most senior leadership.
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Related items:

 

 

 

Anonymous Letter Outs Sexual Abuse of Household Staff, Former DCM’s Husband Pleads Guilty

Posted: 3:18 am ET
Update: 5:08 pm ET

 

On October 12, the Justice Department announced that Labib Chammasthe husband of the former DCM at the US Embassy in Rabat, Morocco pleaded guilty to abusing a member of the household staff who had worked at the embassy residence for 16 years. He is set for sentencing on January 4, 2017:

Via USDOJ: Husband of Former U.S. Embassy Official in Morocco Pleads Guilty to Sexually Abusing Household Staff Member |  October 12, 2016

The husband of the former Deputy Chief of Mission in Rabat, Morocco, pleaded guilty today to sexually abusing a former household staff member from 2010 to 2013.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Channing D. Phillips of the District of Columbia and Director Bill A. Miller of the U.S. Department of State’s Diplomatic Security Service (DSS) made the announcement.

Labib Chammas, 65, of Reston, Virginia, pleaded guilty to one count of abusive sexual conduct before U.S. District Judge Christopher R. Cooper of the District of Columbia.  Sentencing was set for Jan. 4, 2017.

In pleading guilty, Chammas admitted that between August 2010 and February 2013, while living in State Department-owned housing in Rabat, he sexually abused a woman who had worked at the residence for 16 years.  According to the plea agreement, Chammas supervised the staff at the residence and repeatedly threatened to fire staff members.  Out of fear that she would lose her job, the victim complied with Chammas’s requests that she massage his legs, hip and back, and then with his subsequent demands that she “massage” his genitalia.  On at least five occasions, Chammas took the victim by her head or hair and attempted to force her to perform oral sex.

DSS investigated the case.  Assistant U.S. Attorney Andrea Hertzfeld of the District of Columbia and Special Counsel Stacey Luck and Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case.

The original announcement is available to read here.

Affidavit in Support of Criminal Complaint

According to the May 13, 2016 Affidavit executed by DSS Agent Elizabeth Marmesh, her investigation “determined that between the dates of August 2010, and February 2013, Labib Chammas, a United States citizen, sexually assaulted a female member of his domestic staff within the confines and on the grounds of his U.S. Government-provided embassy residence in Rabat, Morocco. Chammas was married to the Deputy Chief of Mission (“DCM”) of U.S. Embassy Rabat, and resided in U.S. Govemment housing at “Villa Monterey” located at Angle Rue Memissa. No. 79, La Pinede, Rabat, Morocco (“DCM Residence”).”

The Affidavit cites SMTJ for this offense:  Title 18, United States Code, Section 7(9)(B), provides that. with respect to offenses committed by or against a national of the United States, the “Special Maritime and Territorial Jurisdiction of the United States” includes residences in foreign States and the land appurtenant or ancillary thereto, inespective of ownership. used for purposes of United States diplomatic, consular, military, or other United States Govemment missions or entities in foreign States, or used by United States personnel assigned to those missions or entities.

Anonymous letter to OIG outs sexual abuse. We’ve extracted the following main details from the Affidavit. The court document contains much more graphic descriptions of the abuse:

On February 11. 2013, DS/OSI received a referral from the U.S. Department of State’s Office of the lnspector General (OIG). ln the referral, OIG personnel informed OSI that during a routine inspection of the U.S. Embassy in Rabat, the OIG inspection team received an anonymous letter alleging that Labib Chammas, husband of the DCM was sexually assaulting a member of his domestic staff.

On February 11.2013, DS/OSI deployed Special Agents (SAs) to Rabat. DS Agents interviewed Kenneth Hillas, Deputy Team Leader of the OIG inspection team. Hillas stated that he was visiting the U.S. Embassy Rabat. Morocco in order to conduct an OIG inspection of the Embassy. Hillas stated that on Friday, February 8,2012, the OIG staff discovered an envelope addressed to “OIG eyes only” in a pile of letters containing surveys fiom Embassy employees in reference to their inspection. Hillas stated that the envelope contained an anonymous typed letter containing allegations against Labib Chammas of sexual assault. Upon discovering the allegations, Hillas notified the Regional Security office (RSO) at U.S. Embassy Rabat and OSI. Hillas provided RSO with the original letter. Hillas stated that the anonymous letter alleged that Labib Chammas was sexually assaulting one of his domestic staff. Hillas stated that the domestic staff members were not interviewed as part of the OIG’s inspection, as they were not U.S. Government employees.

Interviews and evidence collection

The victim was subsequently interviewed on several occasions by federal law enforcement agents, with the assistance of an interpreter. During the course of subsequent interviews, Victim I elaboraled on the details of the ongoing sexual abuse to which Labib Chammas subjected her to between August 2010 and February 2013.

On February 13. 2013, DS Agents conducted a voluntary interview of Labib Chammas. Labib Chammas stated that he had threatened to call the police on his domestic staff or fire the domestic staff because he believed they were stealing from him. Labib Chammas stated that he had received back and leg massages from two staff members, a male employee, witness 2, and the victim, viclim l, because he would get pain in his hip due to a medical issue. DS Agents asked Labib Chammas if the massages ever involved sexual acts, to which Chammas stated “l don’t recall.” and that it might have happened.

In light of the disclosures of Victim l, on February 19, 2013, DS Agents obtained a search warrant for the DCM’s Residence to obtain possible biological evidence. On February 20,2013. a DS agent and a RSO entered the DCM’s Residence in order to execute the search and seizure warrant.

DS Agents photographed the residence and “TV room” prior to any search. DS Agents conducted an inspection of the “TV room” with an altemative light source (ultraviolet light) and discovered possible biological evidence on two couch cushions, the front couch skirt, and locations on the carpet in front of the couch. DS Agents photographed and seized the two couch cushion covers and swabbed the other surfaces.

The FBI DNA Laboratory, Nuclear DNA Unit, conducted serological and DNA testing on the items seized in the execution of the search warrant. Semen was identifled on the swab from front right skirt of couch from the “TV room.” DNA testing confirmed that Labib Chammas was the source of the DNA obtained from the semen stain on the front right skirt of the couch. Based on a statistical probability calculation in which probability of selecting an unrelated individual at random having a matching profile to the DNA obtained was equal to or less than 1 in 6 trillion individuals.

An Arrest Warrant for Labib Chammas was issued by the U.S. District of the District of Columbia on May 13, 2016. In his State of Offense filed in court on October 12, 2016, we learned a few more details:

When the defendant and his wife moved into the DCM Residence in or about August 2010, three household employees were employed there. The defendant and his wife maintained the employ of each of these household staff members during their tenure at the DCM Residence from August 2010 until February 2013. Each of the employees was a Moroccan national who had worked at the DCM Residence and for the Embassy for well over a decade and throughout the tenure of at least the five prior DCM administrations. The defendant took on responsibility for overseeing the day—to-day work of these employees. According to the employees, the defendant was an abusive head—of—household, frequently yelling at the employees, demeaning them, and telling them that they would be fired for failing to live up to his expectations. The employees lived in constant fear that they would lose their jobs.

Among the household staff overseen by the defendant at the DCM Residence was a female cook (hereafter the “victim”), who had worked at the DCM Residence for 16 years by the time the defendant moved into the DCM Residence. The victim, an unmarried Muslim woman, was 53 years old at the time, had a third grade education, and was the sole source of support for her entire family including her elderly parents and several of her siblings and their children, who all lived together in a single residence in Rabat.

The victim did not disclose the above abuse out of fear of losing her job. The above conduct was reported by anonymous letter and came under investigation as a result.

It looks like the DCM’s tenure in Morocco concluded during this investigation in February 2013 but the affidavit and arrest warrant did not happen until May 2016.

Anybody know why there is such a lengthy gap between the investigation conducted in 2013 and filing the case in 2016?

Also a reminder to folks that we’re still searching for the guidance cables on sexual assault reporting for the FS as they are not on the FAM.

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