Sunday, January 12, 2014

India diplomat row: Delhi says 'no stand-off' with US

Indian diplomat Devyani Khobragade meets reporters in Delhi, 11 January 2014 Devyani Khobragade maintained a diplomatic silence on meeting reporters in Delhi

India's Foreign Minister Salman Khurshid has sought to downplay the row with Washington over an Indian diplomat who was arrested in the US. 

There was "no stand-off" with the US, he told reporters in Delhi, and predicted problems would be sorted out.

The row erupted after the diplomat, Devyani Khobragade, was arrested in New York on charges of visa fraud and underpaying her housekeeper.

She is now back in India after an apparent agreement with Washington.

"If there are any issues" India and the US will "sort them out mutually", Mr Khurshid said in televised remarks.

He was speaking a day after Ms Khobragade arrived in India, where she was greeted by her father, Uttam. On Saturday, the two were welcomed by Mr Khurshid.

Analysis

In requiring the US to remove one of its diplomats from Delhi, the Indian government is effectively treating the departure of its own diplomat from the US as an expulsion.

The question now is whether this draws a line under the messy diplomatic spat between the two countries.
Of greater importance is the longer-term impact this may have on bilateral ties. India, a democracy and rising power in Asia, is seen in many quarters in Washington as a natural fit to become a special partner of the United States. The US has sought a closer strategic and military partnership with Delhi but to a large extent has been rebuffed.

India is cautious about advancing ties too quickly. It doesn't want to antagonise Beijing, and many Indians still see the US as having been far too close to Pakistan.

Surrounded by reporters on leaving the Maharashtra Sadan state guesthouse, Ms Khobragade gave little away. 

"No comments, I am really thankful for all your support... I cannot make any comments right now. My government will speak for me, my lawyer will speak for me," she said.

Ms Khobragade was asked to leave the US as the diplomatic rift deepened.

The US meanwhile confirmed that an American official will leave its embassy in Delhi at India's request - Mr Khurshid described this as an expulsion.

"We have our reasons and have informed the US about it. We are in touch with the US. We will do what needs to be done. I do not think that this needs more discussion," Mr Khurshid said.

Washington said it deeply regretted the move but hoped that it would bring closure to the case and lead to a return to constructive ties.

The expelled US diplomat has not been named.

Sources told Agence France Presse that the individual was of similar rank to Ms Khobragade and had been involved in the Khobragade case.

'Shocked and appalled'
Devyani Khobragade with her father, Uttam, (left) in Delhi, 11 January 2014 Ms Khobragade and her father (l) met the Indian foreign minister the day after her arrival in Delhi
 
India had demanded an apology after Ms Khobragade, 39, was handcuffed and strip-searched following her arrest last month. It refused to waive her immunity so she could be prosecuted in the US.

Ms Khobragade has always denied any wrongdoing.

On Thursday she was indicted by a US federal grand jury in Manhattan, but was also granted immunity by US officials, paving the way for her to return to India.

Ms Khobragade was arrested after a complaint from her maid, Sangeeta Richard.

She in turn accused Ms Richard of theft and attempted blackmail.

Delhi said it was "shocked and appalled" at the manner of her arrest, and ordered a series of diplomatic reprisals against the US.

Security barricades around the US embassy in the capital were removed and a visiting US delegation was snubbed by senior Indian politicians and officials.

On Wednesday, the embassy was ordered to stop "commercial activities on its premises". India also said that embassy cars could be penalised for traffic offences.

The embassy has been told to shut down a club within its premises which includes a pool, restaurant and tennis court, NDTV news channel said.

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Devyani Khobragade: Bureaucratic and diplomatic negligence


Supporters of Rashtrawadi Shiv Sena, a Hindu hardline group, carry placards during a protest near the US embassy in New Delhi 18 December 2013 The Indian and US negligence has turned a minor legal case into a diplomatic and political test of the countries' relationship
Every crisis theoretically provides an opportunity. But the current diplomatic rift between the United States and India seems to be a lost opportunity to avoid a crisis.

Rather than deepening relations, the two countries are deep into a lengthy period of crisis management.
The brouhaha was triggered by the arrest of the Indian deputy consul general in New York, Devyani Khobragade.

Ms Khobragade was accused of lying on an application for her housekeeper's work visa, over-reporting the amount of money the housekeeper was paid.

This is the third case of alleged mistreatment by Indian diplomats in New York in three years.
The US contends that Ms Khobragade's limited diplomatic immunity does not cover private conduct that violates US law.

'Despicable and barbaric'

Political hell has broken loose in India over the manner in which Ms Khobragade was detained. She was handcuffed after dropping off her child at school, subjected to a strip and body cavity search, then placed in a cell with the general jail population.

Indian police remove barricades that had been erected as a safety measure outside the main entrance of US Embassy 17 December 2013 Barricades were removed from the front of the US embassy in Delhi, apparently in retaliation 
 
A high-level Indian official characterised the treatment as "despicable and barbaric". Secretary of State John Kerry called Indian National Security Adviser Shivshankar Menon to express regret.

New Delhi has retaliated by taking away privileges accorded US diplomats in India and removing security barriers guarding the American embassy there.

It has also elevated Ms Khobragade to a position at its United Nations mission that carries full diplomatic immunity. Whatever this means for the court case, it clearly indicates the dispute is no longer just a diplomatic problem but a political one as well.

The strip-search was an unforced error.

The US Marshals Service says it followed "standard arrestee intake procedures," a cringe-worthy bureaucratic phrase that means it went by the book.

Ms Khobragade was treated like every other female defendant awaiting a court appearance.
"The US could have declared Ms Khobragade persona non grata, demanded her immediate departure and refused further work visas for domestic help for Indian diplomats”
But the arrest of a diplomat is never just another case. If the state department did not know she would be strip-searched, it should have - and should have demanded special handling.

In diplomatic circles, any perceived slight is reciprocated. You step on our toes, expect the same. The political and public fallout was predictable, particularly in a country like India with a vigorous and sometimes inventive media.

En route to the courtroom in lower Manhattan, both countries lost sight of the big picture and the broader interests that should shape the relationship between the world's oldest and largest democracies.

India is a rising power the United States has been cultivating for years.

Frustration over the consulate's dismal human rights record is understandable, but a prosecution is necessarily a lengthy process that is bound to cast a shadow over the relationship even under the best of circumstances. The Italian case of American Amanda Knox comes to mind.

The state department alerted India about the case in September, but it's unclear what diplomatic efforts were undertaken to resolve the underlying issues short of prosecution.

The US could have declared Ms Khobragade persona non grata, demanded her immediate departure and refused further work visas for domestic help for Indian diplomats.

But once the United States chose to prosecute, it had not just to do everything by the book but do everything right, to keep the case focused on her. That obviously did not happen.

Devyani Khobragade, India"s deputy consul general, during the India Studies Stony Brook University fund raiser event at Long Island, New York 8 December 2013 Devyani Khobragade at a fundraiser on 8 December

On the Indian side, it is unclear why the Indian ambassador to the United States or the country's foreign ministry failed to clean house when first alerted by US authorities.

Indian diplomats surely understand that disrespecting US law and international norms undermine its emergence as a constructive global actor.

India's removal of security barriers is excessive and irresponsible.

Even if the remaining security arrangements are adequate - India has primary responsibility for embassy security under the Vienna Convention - New Delhi should understand how sensitive such a move is given last year's attack on a US diplomatic post in Benghazi, Libya.

Once charges were pending, both sides should have worked together to ensure the case did not undermine vastly improved, but still occasionally testy, relations between the two countries. That didn't happen either.
That India and the United States have allowed a minor legal case to become a major test in US-India relations is bureaucratic and public diplomacy negligence.

After all, tending to the big picture is supposedly what governments and foreign ministries do for a living.
There are still plenty of reasons to be optimistic about US-India relations. Mutual interests far outweigh differences. But if this week is any indication, the road ahead will be bumpy.

PJ Crowley is a former Assistant Secretary of State and now a professor of practice and fellow at The George Washington University's Institute of Public Diplomacy and Global Communication.

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Indian diplomat tells of anguish at leaving US without children

Indian diplomat Devyani Khobragade leaves her guest house to meet with Salman Khurshid, Indian Minister for External Affairs, in New Delhi on January 11, 2014
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New Delhi (AFP) - An Indian diplomat at the centre of a bitter row with the United States told Sunday of her "immense stress" at leaving behind her young family in New York, and vowed to clear her name.

Indian consulate official Devyani Khobragade was allowed to leave the United States on Friday after a month-long dispute over her arrest and strip-search on suspicion of visa fraud involving her domestic servant.
Khobragade was granted full diplomatic immunity and allowed to fly back to India -- just hours after charges were filed in court alleging she lodged false documents to obtain a visa for her servant and then underpaid her.

Khobragade, 39, told an Indian newspaper of her anguish at leaving behind her daughters, aged seven and four, in New York along with her husband, a US citizen, who works as an academic.

"I wonder if I will be able to ever reunite with my family, my husband, my little kids. I miss them," Khobragade told The Sunday Express.

"What if my children choose to study and work in the US? What if I can never return to the US, which I cannot now. Does it mean we will never be able to live together as a family again?" she said.

"I know I am honest, and I will come out clean. But we do not know how much time it will take and for how long my family will have to suffer due to this," she added.

Her arrest on December 12 outside her children's school and treatment in custody, where she said she was subjected to a cavity search, outraged India which claimed she benefited from full diplomatic immunity.

US prosecutors disputed this, and filed charges in New York accusing Khobragade of sometimes forcing the Indian maid to work 100-hour weeks, even when sick and often without a day off, for pay as little as $1.22 an hour.

Khobragade did obtain diplomatic immunity when last week New Delhi asked Washington to grant her a G1 visa given to diplomats at India's UN mission, which is also in New York.

The row between the two countries, which had embraced each other as strategic partners, saw weeks of feisty exchanges that strained bilateral ties and left resentment on both sides.

India has removed extra security barriers at the US embassy in New Delhi, demanded contract details for domestic staff employed by American diplomats and even stopped the mission importing duty-free food and alcohol.

On Wednesday, it ordered an embassy leisure centre popular with American expatriates in the capital to stop admitting non-diplomatic members, while scheduled visits by US officials to India have been cancelled.

In a fresh retaliatory measure late Friday, India asked the United States to withdraw an embassy official in New Delhi.

The expelled American diplomat was a "similar rank" to Khobragade and is thought to have helped the family of her maid travel to America where they were granted protection by prosecutors.

US prosecutors say the family of the maid were evacuated to the United States because of attempts to intimidate them.

In her newspaper interview, Khobragade said she would continue a legal fight to clear her name, including attempting to have her case in New York officially dismissed in a federal court.

"I have come to India but my stand still needs to be vindicated. And of course, I have been separated from my family, and I am under immense stress for my children," Khobragade said. 

"I spoke to my kids for hours last night, and they are already missing me. The four-year-old asked me, 'Mommy, when will you be back home', and I had no answer." 

She cannot return to the United States unless she surrenders to the court on arrival, and her name is being placed on US immigration watch lists "to prevent the routine issuance of any future visa", according to US officials.
 

TNA THUGS want their OWN STOOGES in GOSL administration of the Northern Province! Just like the LTTE they support!

Sequel to Wigneswaran’s demand:

TNA intensifies campaign against NPC Chief Secy with death threats

The intensified campaign against the Chief Secretary of the Northern Provincial Council (NPC) by Chief Minister C. V. Wigneswaran and other TNA Council members has ended in death threats.

Chief Secretary of the Northern Provincial Council Mrs. R. Wijialudchumi Ramesh when contacted by the Sunday Observer yesterday said that she has been receiving death threats via SMS from abroad and telephone calls from unknown persons demanding her to give up her post.

The death threats come weeks after Northern Provincial Council Chief Minister Wigneswaran’s demand to oust Mrs. R.Wijialudchumi Ramesh from her post and appoint another SLAS officer of their choice. Wigneswaran has not only demanded the removal of Chief Secretary of the Northern Provincial Council but also its Governor G.L. Chandrasiri.

Public Administration and Home Affairs Minister W.D.J. Seneviratne said that the Chief Secretary Wijaialudchumi Ramesh has not done anything wrong and that she has acted with responsibility based on the guidelines of the Sri Lanka Administrative Service.

The NPC Chief Secretary who addressed a media briefing by the Sri Lanka Administrative Service Association (SLASA) in Colombo on Thursday said that she had received death threats from the NPC administration. The NPC Chief Secretary alleged that she is receiving death threats via SMS from abroad and unknown telephone calls threatening her to give up her post.

Minister Seneviratne said there is no necessity for his ministry to take action as this is a disclosure of threats received by a Government official and the police has already taken steps in this regard. She disclosed this to safeguard her life and duly informed the police. The Public Administration and Home Affairs Ministry Secretary had also inquired about this from the police. At present she has been provided security by the police, the Minister said.

Minister Seneviratne said when Wigneswaran assumed office as the NPC Chief Minister, the Chief Secretary had worked closely with him and the Provincial Council administration. Now they level allegations that the Chief Secretary does not cooperate with them. Information has also been received that some foreign organisations affiliated to the pro LTTE Tamil diaspora are also behind the move to remove the NPC Chief Secretary from her post.

The NPC Chief Secretary said the other SLAS members are also under pressure to vacate their posts to enable the NPC to appoint those willing to pursue its agenda. The SLASA also accused the NPC administration of intimidating its Chief Secretary and other officials.

SLASA officials said the NPC Chief Secretary is under heavy pressure from the NPC administration to support its agenda. The SLASA which expressed serious concern over the developments in the Northern Province warned that such interference could cause an adverse impact on the country’s post reconciliation process.The Association has called for the immediate intervention of President Mahinda Rajapaksa and Northern Province Governor Major General G.A. Chandrasiri to end the intimidation of the Chief Secretary.
The Chief Secretary of Northern Province Ms. Vijaialudchumi Ramesh said that she was receiving death threats by way of SMS from abroad and phone calls from unknown elements who wanted her and other Sri Lanka Administrative officers in the Council to vacate their positions immediately to enable the ruling party to have their favourite officials.

She said that public officials in provincial councils and the line ministries have no peace of mind when carrying out their duties due to political elements in the ruling party interfering in their duties. She said that their primary duty was to protect the interest of the State and ensure that no person misuses or misappropriates public wealth.

She and her fellow officials of the Administrative Service had given their utmost cooperation to the members of the Northern Provincial Council within the rules and regulations of the country, she said.