More on Operation Allies Refuge With D/MR McKeon, Amb. Jacobson and SSDO #1 On Background

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On July 21, the State Department held a briefing on Operation Allies Refuge where D/MR Brian McKeon and Afghanistan Task Force Director Ambassador Tracey Jacobson gave remarks to the press and a Senior State Department official did a Q&A on background with reporters.  US Embassy Kabul CDA Ross Wilson noted previously  in a tweet that post is “working hard to process SIV applicants and have interviewed more than 1600 along with their family members since April.” D/MR McKeon has the number for approved visas saying, “Since January, we’ve already approved 2,500 Special Immigrant Visas.”
Some 750 Afghan SIV applicants and families will be “paroled” into the U.S. starting next week. They will be located at Fort Lee, VA where they are expected, at least right now, to stay for processing for 7 to 10 days. What happens to them afterwards?
Per 9 FAM 202.3, parole authority is governed by section 212(d)(5) of the Immigration and Nationality Act. Section 402 of the Homeland Security Act of 2002, Public Law 107-296 transfers authority for immigration matters to the Secretary of Homeland Security (DHS), including authorizing parole for an alien into the United States for urgent humanitarian reasons or for significant public benefit.
Note that neither the State Department nor consular officers have the authority to approve or extend any type of parole under any circumstances.  Parole is a discretionary authority of the Secretary of Homeland Security. The FAM says “It should be seen as a last resort for persons with urgent needs to travel to the United States or for cases with significant public benefit.”
The FAM also notes that “parolees who are paroled pursuant to INA 212(d)(5)(A) for urgent humanitarian reasons or for significant public benefit reasons do not receive the type of resettlement assistance that is provided to refugees.” So, how are they supposed to start new lives in the United States without resettlement assistance?
About 4,000 principal applicants and their families will be taken to an unnamed third-country location while they wait for the completion of their SIV application. The SDO told reporters they are “not in a position to confirm any agreements with any of those third countries at this time” when asked about potential relocations to military bases in  Kuwait and Qatar.
The State Department also told reporters that SIV applicants “would have to get themselves to Kabul” adding that  “we don’t have substantial U.S. military presence. We don’t have an ability to provide transportation for them.” Excerpts below:
Related post: USG to Mount ‘Operation Allies Refuge’ to Relocate Afghans Who Aided United States US Embassy Kabul Interviewed 1,600 Afghan SIV Applicants Since April, Interviewed ≠ Issued Visas July 13, 2021
Deputy Secretary of State for Management and Resources Brian McKeon:

“In February, Embassy Kabul reopened for in-person immigrant visa services following an 11-month suspension due to the COVID-19 pandemic. That backlog has since been cleared out and we’re working as fast possible to interview SIV applicants whose appointments were canceled during a recent COVID outbreak in Kabul. Since January, we’ve already approved 2,500 Special Immigrant Visas.”

Afghanistan Task Force Director Ambassador Tracey Jacobson:

Our first priority is to relocate to the United States some 750 Afghan SIV applicants and their immediate families who have completed the majority of the visa process, including a thorough security background check. We are working to bring them to the United States starting next week. They will be paroled into the United States and have their status adjusted by the Department of Homeland Security. During this processing, they will be located at Fort Lee, Virginia, and when they leave Fort Lee, they will join 70,000 Afghans who have received SIVs and started new lives in the United States since 2008.

We are also working to relocate from Afghanistan those applicants who have received chief of mission approval but have not gone so far in their visa processing, including the full security screen. This group includes about 4,000 principal applicants and their families. We will take them to locations outside the United States where they can safely await the completion of their application processing, and we will provide them accommodation and other support during this period, which we are committed to making as short as possible.

QUESTION:  Thanks, guys, for doing this. I think we all have a bunch of questions. I am wondering how long the administration plans to be doing these relocation efforts. Do you expect this is something that will happen over the course of years given some SIV applicants have just applied recently given the U.S. troop withdrawal?

My second question is about safety for these Afghans. What is the U.S. doing, what can the U.S. do to provide them with any safety when U.S. troops withdraw from the country, and how are they being transported to the airport? Is there any support for them given threats from the Taliban? And last question is: How long are they expected to stay at Fort Lee in this final stage? Thanks.

SENIOR STATE DEPARTMENT OFFICIAL ONE:  So working backward, we don’t expect them to stay at Fort Lee for very often, or very long, excuse me. We’ll try to work them through Fort Lee in 7 to 10 day is our hope and expectation. The applicants need to get themselves to Kabul. We’re not going to talk about how they get in and around Kabul and to the airport for security reasons.

The SIV Program is – has eligibility standards, and we have authorized numbers from the U.S. Congress, and so long as we keep having those numbers provided to us by Congress, we’ll keep processing SIV applicants.

QUESTION:  Can you talk about the others in the program and where else they might be going, and how long it will take to get what was originally estimated as as many as 70,000 people, including families, accommodated because obviously their lives are right now in danger? Thank you.

SENIOR STATE DEPARTMENT OFFICIAL ONE:  So the total number of applicants to the SIV Program number just over 20,000, but about half of those have not yet completed the initial stages of the application process, so we’re not in a position to move forward with their case until they do so. So I’m not sure where the 70,000 number comes from. The 4,000 number and their families, they would be targeted for the next phase of bringing people to third country locations, and that process in the third country would take longer because they’re not as far along in the screening process as those who we will bring to the United States.

QUESTION:  Thanks, guys. Let me follow up on what comes next. Can you confirm that there’s the deal pretty much done to move, I don’t know if it’s the next round or the third round, some of these applicants to military bases in Kuwait and Qatar? And can you talk about whether there’s a push on P-2 refugees, whether the number – sorry, the kind of aperture of the person who can apply, whether there’s a push to expand that aperture and including P-2 refugees. And I know you don’t want to talk about some of the details on transport for security reasons, but can you give us any more details on how exactly they will get to Fort Lee this first round? Thanks.

SENIOR STATE DEPARTMENT OFFICIAL ONE:  I’m sorry, Nick, I was – I didn’t understand the last piece of the question. I’m not sure we have many answers that we can give you. We’re talking to third countries about the possibility of temporary relocation, but we’re not in a position to confirm any agreements with any of those third countries at this time.

On the transportation to Fort Lee, we will fly them into the country and bring them by vehicle to Fort Lee. I assume it will be buses.

QUESTION:  Hi there. Thank you for doing this. Let’s see. Is the – because the Afghan SIVs will fly out through the Kabul airport, has there been an agreement finalized to keep that operating under Turkey? I don’t know if their relocations are all supposed to be completed by the time the U.S. withdraws or not. And then you say you’re – do you not yet have any agreement from any other country to temporarily host the Afghan SIVs?

SENIOR STATE DEPARTMENT OFFICIAL ONE:  On the second question, we don’t have agreement with any countries that we’re ready to announce here.

On the airport, obviously, we’ve said the airport needs to be open and functioning as part of a normal country, and we’re grateful for our conversations with our colleagues in Turkey. The DOD is leading those conversations. We’re optimistic that we’ll have the security package that we need at the airport in Kabul.

QUESTION:  Thank you for having this call. A couple of follow-ups as well. Can you say how many there are in total with this group of 4,000 principal applicants who will be moved to third countries? If you include their families, what is that total number?

You said applicants will have to get themselves to Kabul. For many of them, that journey would be dangerous if not impossible. What would you say to the – to security concerns of folks trying to get to Kabul? Thank you.

SENIOR STATE DEPARTMENT OFFICIAL ONE:  So we don’t know for certain how many family members will be brought. The principal applicant can choose to bring the ones that are eligible. We’ve just been doing these rough extrapolations based on an average of three to five per principal applicant based on past practice. In order to come on an evacuation flight, they would have to get themselves to Kabul. Obviously, we don’t have substantial U.S. military presence. We don’t have an ability to provide transportation for them. If they’re, say, in the north of the country and they don’t feel safe staying in Afghanistan, they could go to a neighboring country and finish their SIV application process there.

QUESTION:  Good afternoon. Thank you so much for the call. Just a follow-up question on the Afghanistan fixers who have helped the U.S. press organizations. Would you support the creation of a visa program for those Afghans, Afghans who helped with the U.S. media organizations and who are now seeking safety in the U.S.? I’m asking this because a coalition of U.S. media organizations has sent a letter to the Congress requesting to create such visa program. Would you like to weigh in? Thank you.

SENIOR STATE DEPARTMENT OFFICIAL ONE:   Yes, thank you. We’ve seen the letter from the news organizations and we’ll be responding in due course to them. As I think I’ve responded previously to this question, in terms of other people in Afghanistan who have helped the United States or helped U.S. organizations, whether it’s NGOs or media organizations, we are looking at other options for providing safe options for them outside of Afghanistan.

 

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US Mission Japan: SFSO Raymond Greene Assumed Duties as Chargé d’Affaires a.i

Thank you to over 500 readers and supporters who made our continued operation possible this year. Raising funds for a small outlet that is already open and free for all to read has often been the most challenging part of running  this blog. We are grateful for your continued support and well wishes. DS

 

On July 17, SFSO Raymond Greene assumed duties as Chargé d’Affaires ad interim at the U.S. Embassy Tokyo. A brief bio below via US Mission Japan:

Raymond Greene assumed duties as Chargé d’Affaires ad interim, U.S. Embassy Tokyo on July 17, 2021. Prior to this assignment, he was the Deputy Director of the American Institute in Taiwan (AIT). Mr. Greene is a member of the State Department’s Senior Foreign Service and has spent his entire 25-year career advancing U.S. diplomatic, economic, and security engagement with the Indo-Pacific region. In Washington, Mr. Greene was Director for Japan and East Asian Economic Affairs at National Security Council and Director of the Office of Economic Policy in the State Department’s Bureau of East Asian and Pacific Affairs. In the latter capacity, Mr. Greene was elected as Chairman of the Asia Pacific Economic Cooperation (APEC) forum’s Economic Committee.

Overseas, Mr. Greene served as U.S. Consul General in Chengdu, China and Okinawa, Japan. Earlier assignments included Chief of the Political-Military Affairs Unit at the U.S. Embassy in Tokyo, Deputy Chief of the Political Section at AIT Taipei, and as a political officer in Tokyo and Manila. Mr. Greene was the first Baker-Kato Diplomatic Exchange Fellow at the Japanese Ministry of Foreign Affairs in Tokyo. He also was assigned as a State Department Faculty Advisor at the U.S. Army War College in Carlisle, Pennsylvania.

Mr. Greene holds a B.A. (Government/Japanese) and M.P.M. (International Security and Economic Policy) from the University of Maryland, College Park. He is the recipient of the Secretary of Defense Meritorious Civilian Service Medal, the Ryozo Kato Award for Advancing the U.S.-Japan Alliance, the Friendship Medal of Diplomacy (Taiwan), and several State Department Superior and Meritorious Honor Awards. Before joining the State Department, Mr. Greene was a researcher at the Peterson Institute for International Economics in Washington, DC and spent a year in Yokohama on the Japan Exchange and Teaching (JET) program. Mr. Greene speaks Japanese and Mandarin Chinese. Mr. Greene is married to the former Yawen Ko.

According to Politico, Rahm Emanuel, the former congressman, White House chief of staff, political adviser, commentator, author, “sender of revenge fish and controversial two-time Chicago mayor is poised” to be President Biden’s pick as ambassador to Tokyo. A White House official cautioned in late June that, “no one is final until they’re announced.”

 

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Women for Biden Director Denise Campbell Bauer to be U.S. Ambassador to France and Monaco

Thank you to over 500 readers and supporters who made our continued operation possible this year. Raising funds for a small outlet that is already open and free for all to read has often been the most challenging part of running  this blog. We are grateful for your continued support and well wishes. DS

 

President Biden announced his intent to nominate former U.S. Ambassador to Belgium and Women for Biden Executive Director Denise Campbell Bauer to be the next Ambassador to France and Monaco.  The WH released the following brief bio:

Denise Campbell Bauer, Nominee for Ambassador Extraordinary and Plenipotentiary to the French Republic and to the Principality of Monaco

Denise Campbell Bauer is an experienced diplomat, non-profit leader, and advocate for women’s voices in politics and policy. She served as the United States Ambassador to the Kingdom of Belgium from August 2013 until January 2017, where she led one of the largest embassies in Europe and earned a reputation for her collaborative leadership style, high ethics standards, and crisis management skills.  In that role, she focused on building transatlantic security partnerships and expanding international trade.

Bauer began her career in Los Angeles, where she worked as a journalist for two internationally respected television networks. She went on to serve in leadership roles for a number of non-profits.

In 2019, Bauer became the Executive Director of Women for Biden, a nationwide network of women that organized and mobilized to elect President Biden. In 2012, she served in a similar role for the Obama-Biden presidential campaign, while also chairing the Women’s Leadership Forum for the Democratic National Committee. Upon returning from Brussels in 2017, she re-engaged in politics, focusing on supporting women running for office for the first time.

Bauer received a B.A. in Political Science from Occidental College. She speaks French.

If confirmed, Ambassador Bauer would succeed Jamie D. McCourt who served as Trump’s ambassador to Paris from December 18, 2017–January 20, 2021. McCourt was originally nominated as Ambassador to Belgium. That nomination was withdrawn and she was later nominated as Ambassador to France.
Ambassador Bauer will join a long list of political donors who end up as the top diplomat representing the United States in Paris. The last career diplomat confirmed for this position according to history.state.gov is Arthur Adair Hartman (1926–2015) who served as Ambassador Extraordinary and Plenipotentiary from July 7, 1977–October 14, 1981.

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@NewYorker: Vienna Is the New Havana Syndrome Hotspot

Thank you to over 500 readers and supporters who made our continued operation possible this year. Raising funds for a small outlet that is already open and free for all to read has often been the most challenging part of running  this blog. We are grateful for your continued support and well wishes. Gracias — DS

 

Via New Yorker:
Since Joe Biden took office about two dozen U.S. intelligence officers, diplomats, and other government officials in Vienna have reported experiencing mysterious afflictions similar to the Havana Syndrome. U.S. officials say the number of possible new cases in the Austrian capital—long a nexus of U.S. and Russian espionage—is now greater than the number reported by officials in any city except for Havana itself, where the first cases were reported.
[…]
The first possible syndrome case in Vienna was reported a couple of months after Biden’s Inauguration. That case and subsequent ones were reported to officials in Washington soon after they occurred. But the Biden Administration decided not to announce the Vienna outbreak—officials were concerned that any public disclosure about the cases would hamper ongoing U.S. intelligence and law-enforcement investigations, which are still under way in Vienna. The Austrian Embassy in Washington declined to comment on the cluster of cases.
CNN quotes a State Department spox:
“In coordination with our partners across the U.S. Government, we are vigorously investigating reports of possible unexplained health incidents (UHI) among the U.S. Embassy Vienna community or wherever they are reported,” a State Department spokesperson said. “Any employees who reported a possible UHI received immediate and appropriate attention and care.”
On May 25, 2021 U.S. government workers and their spouses who say they were injured by Havana Syndrome sent a letter to Deputy Secretary of State Brian McKeon (via NBC)

 

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Nominee: Former Senator Tom Udall to be Ambassador to New Zealand and to the Independent State of Samoa

Thank you to over 500 readers and supporters who made our continued operation possible this year. Raising funds for a small outlet that is already open and free for all to read has often been the most challenging part of running  this blog. We are grateful for your continued support and well wishes. Gracias — DS

President Biden announced his intent to nominate former NM Democratic Senator Tom Udall to be the next Ambassador to New Zealand and Samoa. The WH released the following brief bio:

Tom Udall, Nominee for Ambassador Extraordinary and Plenipotentiary to New Zealand and to the Independent State of Samoa

Tom Udall has a long and distinguished career in public service.  He most recently served two terms as United States Senator from New Mexico (2009-2021) and served five terms as United States Representative from New Mexico’s 3rd Congressional District (1999-2009).  While in office, Udall was a notable champion for the environment, for Native Americans, for government and election reform and for resolving international disputes peacefully, if possible.  Earlier in his career, Udall was elected twice as Attorney General of New Mexico (1991-1999) and also served as an Assistant United States Attorney.  His Senate Committee assignments included the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, the Committee on Indian Affairs, the Committee on Rules and Administration, the Commission on Security and Cooperation in Europe, and the International Narcotics Control Caucus.  Udall has a B.A. degree from Prescott College, a Bachelor of Law from Cambridge University, and a J.D. from the University of New Mexico.

As pointed out elsewhere, there are now three former senators nominated for ambassadorships: Udall, Flake, and Salazar.
When confirmed, Senator Udall would succeed former Senator Scott P. Brown who served from 2017-2021. Since the 1960s, we could only identify three career diplomats appointed as chief of mission to New Zealand:

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Biden Taps Former AZ Republican Senator Jeff Flake as U.S. Ambassador to Turkey

Thank you to over 500 readers and supporters who made our continued operation possible this year. Raising funds for a small outlet that is already open and free for all to read has often been the most challenging part of running  this blog. We are grateful for your continued support and well wishes. Gracias — DS

 

President Biden announced his intent to nominate former Arizona Senator Jeff Flake to be his Ambassador to Turkey. The WH released the following brief bio:

Jeff Lane Flake, Nominee for Ambassador Extraordinary and Plenipotentiary to the Republic of Turkey

Jeff L. Flake is currently a Distinguished Fellow at Arizona State University and a Distinguished Fellow at the Sorensen Center for Moral and Ethical Leadership at Brigham Young University.  He also serves on the Senior Advisory Committee at Harvard’s Institute of Politics.  Flake was a Member of Congress for 18 years, representing Arizona in the U.S. Senate (2013-2019) and the U.S. House of Representatives (2001-2013), where he served on the Senate Foreign Relations Committee and the House Foreign Affairs Committee.  A frequent public speaker, he is also a former contributor for CNN and CBS News.  Flake is a Director of Taylor Morrison, a home builder in Scottsdale, Arizona, and a former Executive Director of the Goldwater Institute in Phoenix, Arizona.  Early in his career, he was Executive Director of the Foundation for Democracy in Namibia.  He speaks Afrikaans.  He earned a B.A. in International Relations, and an M.A. in Political Science, at Brigham Young University.  He is a recipient of the Gold Medal of Honorary Patronage from the University Philosophical Society, Trinity College, Dublin, Ireland.

The Armenian National Committee of America (ANCA) is reportedly  supporting “close Senate scrutiny of President Biden’s controversial nomination this week of former Arizona legislator Jeff Flake … Over the coming weeks, the US Senate’s Committee on Foreign Relations will consider Flake’s nomination. The ANCA will be working in a bipartisan manner to ensure that Flake’s complicity in Turkey’s denial of the Armenian Genocide is carefully scrutinized by members of this powerful committee.”
We can’t imagine the U.S. Senate not confirming one of its own or dragging this process long.  Senators have already offered statements of support and tweets of congratulations. This will be quick. It only took about a month for Max Baucus to be confirmed by the Senate for China in 2014; Yea-Nay Vote. 96 – 0. It took about five weeks for Scott Brown’s confirmation for New Zealand in 2017; Yea-Nay Vote. 94 – 4.  And about five weeks for Kay Bailey Hutchison to be confirmed for USNATO in 2017 (confirmed by voice vote). (See list of senators who served as ambassadors/or held diplomatic posts).
When confirmed, Senator Flake would succeed career diplomat David Satterfield who arrived in Ankara in 2019. The last non-career appointee sent to Turkey was Robert Strausz-Hupé (1903–2002). He served from 1981–1989 during the Reagan years. Before him, there was William Macomber Jr.; he served from May 16, 1973–June 15, 1977 during Nixon/Ford’s tenures.

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Related posts:

 

Acting EUR A/S Philip Reeker to Serve as Chargé d’Affaires at US Embassy London

Thank you to over 500 readers and supporters who made our continued operation possible this year. Raising funds for a small outlet that is already open and free for all to read has often been the most challenging part of running  this blog. We are grateful for your continued support and well wishes. Grazie — DS

On July 15, the State Department announced the appointment of the Acting Assistant Secretary for EUR Philip Reeker as Chargé d’Affaires, ad interim at the US Embassy in London.

Ambassador Philip T. Reeker will serve as Chargé d’Affaires, ad interim, at the Embassy of the United States of America to the Court of St. James’s, as of August 1, 2021. A career diplomat with the rank of Minister Counselor, Ambassador Reeker is currently the Acting Assistant Secretary of State for the Bureau of European and Eurasian Affairs. Prior to leading the Bureau of European and Eurasian Affairs, Ambassador Reeker was Civilian Deputy and Policy Advisor to the Commander of U.S. European Command in Stuttgart, Germany, and from 2008-2011 he was the U.S. Ambassador to North Macedonia.

The United States has no closer Ally than the United Kingdom, and Ambassador Reeker is dedicated to continuing to advance this special relationship.

Ambassador Reeker has served as Acting A/S for EUR since March 2019.With him off to London, who will mind the EUR shop? Biden’s nominee for EUR Karen Erika Donfried was announced in spring; her nomination received by the Senate Foreign Relations Committee on April 29, 2021. She is scheduled to have her confirmation hearing on July 20. Calculation must be that Dr. Donfried will get confirmed before the Senate’s August recess.
The current CDA for Embassy London Yael Lempert became Chargé d’Affaires, a.i. in January 2021 when Woody Johnson left post. Lempert previously took up her assignment as Deputy Chief of Mission in London in January 2019.  These are typically three year assignments, so her successor as DCM would not have been expected to arrived in London before January 2022.  Lempert is reportedly leaving post in two weeks.  She previously worked at the National Security Council during President Obama’s second term. She has also been the subject of attacks in the media for that tenure.
During Secretary Blinken’s May visit in London, he said, “…I’m particularly grateful to Yael Lempert for her extraordinary leadership of this mission. We’ve been colleagues for a long time. I’m grateful to have you here at this time.”

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EUR/DAS George Kent Returns to Ukraine as Chargé d’Affaires

Thank you to over 500 readers and supporters who made our continued operation possible this year. Raising funds for a small outlet that is already open and free for all to read has often been the most challenging part of running  this blog. We are grateful for your continued support and well wishes. Grazie — DS

 

We could not locate the announcement but EUR DAS (and Trump Impeachment witness) George Kent is back in Ukraine as Chargé d’Affaires at the US Embassy in Kyiv.  Kent has served as Deputy Assistant Secretary in the European and Eurasian Bureau overseeing policy towards Ukraine, Moldova, Belarus, Georgia, Armenia, and Azerbaijan since September 2018. He was also Deputy Chief of Mission in Kyiv from 2015-18.
As of July 12, he is back in Ukraine as CDA per tweet from US Embassy Kyiv. Until recently, Embassy Kyiv’s Chargé d’Affaires, a.i. was Kristina A. Kvien. She is still listed as CDA on embassy’s website as of this writing. This is a tad confusing, unconfuse us, please.
Embassy Kyiv has a new DCM who previously served at post as political counselor.  Alan Purcell became Deputy Chief of Mission at the U.S. Embassy in Ukraine in May 2021. A career Foreign Service Officer, he served most recently as Acting Consul General in Hamilton, Bermuda, from January to May 2021. He was acting DAS at the Bureau of Democracy, Human Rights, and Labor prior to his stint in Bermuda.

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@StateDept Designates Ambassador Atul Keshap as Chargé d’Affaires For US Mission India

13 Going on 14 — GFM: https://gofund.me/32671a27

 

On June 29, 2021, the State Department announced the designation of Ambassador Atul Keshap as CDA for US Mission India:

Ambassador Atul Keshap, a career member of the Senior Foreign Service, will be departing for New Delhi to serve as Chargé d’Affaires, ad interim, following the retirement of Ambassador Daniel Smith. Ambassador Keshap will bring a wealth of experience to the role, having served previously at U.S. Embassy New Delhi and as Deputy Assistant Secretary of State for South Asia. He most recently served as the Principal Deputy Assistant Secretary of State for the Bureau of East Asian and Pacific Affairs and as the U.S. Ambassador to Sri Lanka and Maldives.

Ambassador Keshap’s appointment will reinforce the close U.S. partnership with the Government and people of India, demonstrated by our collaboration to overcome global challenges like the COVID-19 pandemic.

On April 30 this year, Ambassador Dan Smith who was then FSI Director  was appointed CDA for US Mission India (Ambassador Daniel Smith to be Chargé d’Affaires, ad interim at US Mission India). Apparently, he has now retired. There are rumors floating around that LA Mayor Eric Garcetti to set to be named  as Biden’s pick for his ambassador to India, but to-date no official announcement has been made. Unless an announcement, and confirmation hearing happens in the next four weeks, it is likely that whoever is the nominee will be stuck in the system while the Senate goes on its August break.
Note that the tentative Senate schedule indicates the recess commencing on August 7.  The Senate will not be back in session until September 13, and then after that, just some 48 more work days before 2021 ends.

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Pride Month At Posts Where Consensual Same-Sex Acts Could End In Death Penalty

13 Going on 14 — GFM: https://gofund.me/32671a27

 

According to the State-Sponsored Homophobia 2020: Global Legislation Overview Update (PDF):

“As of November 2020,
there is full legal certainty that the death penalty is the legally prescribed punishment for consensual samesex sexual acts in six (6) UN Member States, namely Brunei, Iran, Mauritania, Nigeria (12 Northern states only), Saudi Arabia and Yemen. There are also five (5) additional UN Member States where certain sources indicate that the death penalty may be imposed for consensual same-sex conduct, but where there is less legal certainty on the matter. These countries are Afghanistan, Pakistan, Qatar, Somalia (including Somaliland) and the United Arab Emirates.

….“full legal certainty” is understood as the absence of disputes about whether the death penalty can be legally imposed for consensual same-sex conduct. This legal certainty may be derived from the existence of written, codified laws unequivocally prescribing the death penalty for same-sex conduct, as it is the case in Brunei, Iran, Mauritania, Nigeria, and Yemen. This list also includes Saudi Arabia, where fundamental laws mandate courts to apply Sharia law “as derived from the Qur’an and the Sunna”. In this particular case, even if the death penalty is not codified in black letter law (in a formal piece of legislation), a broad consensus—supported by judicial practice and ancillary sourceshas made it legally certain that Saudi Arabia’s legal system considers the death penalty a possible and appropriate punishment for same-sex conduct.

Conversely, the lack of clear provisions mandating thedeath penalty for consensual same-sex sexual acts, the existence of disputes between scholars and experts with regard to the interpretation of ambiguous provisions, and the need for judicial interpretation of certain “generic” crimes to encompass consensual same-sex sexual acts has led ILGA World to classify the remaining five UN Member States as jurisdictions where there is no full legal certainty. Additionally, the lack of evidence of enforcement couldto a certainextentbe considered as an argument potentially supporting the idea that the death penalty is not considered to be the appropriate legal punishment for these acts by local authorities. However, this argument can be easily rebutted by a mere reluctance to enforce such harsh penalty, even when the possibility exists.

Nonetheless, there is still avenue for advocacy even regarding countries where it is not legally certain that the death penalty is imposed. For example, it may be worthwhile to clarify the ambit of zina (adultery) laws, as the threat of the death penaltyeven if only a theoretical possibilitycan still be an affront to human dignity and equality”


We’ve poured over the Twitter feed of FS posts at the 10 countries cited  in the report. Of the 10 posts, only US Embassy Afghanistan tweeted directly about June as (LGBTI) Pride Month. US Embassy Yemen tweeted a canned Share America piece about the LGBTQI officials serving in the Biden Administration. The US Mission to Saudi Arabia tweeted that “Saudi women are leading in the tech revolution…..” And US Embassy Pakistan remembered to tweet about “Pollinator Week.”

Brunei

Mauritania

Nigeria

Saudi Arabia

Yemen

__

Afghanistan

Pakistan

Qatar

Somalia

United Arab Emirates

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