American Hubris v Indian
Deputy Counsel General Devyani Khobragade
[January 10, 2014-State Department Orders Deportation of Devyani Khobragade -see latest paragraph at the end of this story]
(A recent half-hearted, condescending and grudging ''expression of regret'' by The State Department appears to have come far too late and will not undo the enormous damage to U.S. political and economic interests-which could amount to hundreds of millions of dollars-if not more.
A report suggests that Deputy Counsel General Khobragade could well be *'fast-tracked' to become India's Ambassador to the United Nations-what would be regarded as the ultimate reverse humiliation for the U.S., in the eyes of most Indian citizens on the sub-Continent.)
The Vienna Convention
An appalling breach of the Vienna Convention recently took place in the United States.
Indian Deputy Counsel General Devyani Khobragade was arrested and handcuffed
at her child's school and taken into custody.
Deputy Counsel General Khobragade was both humiliated and personally violated by U.S. Federal Officers-tantamount to rape-a criminal offence under U.S. law.
From what US Attorney, Preet Bahararahas recently said, the treatment the Deputy Counsel got was better than that afforded to American citizens when they are taken into Police custody.
To be quite frank, even if the charge was economic or military espionage or political conspiracies, the Vienna Convention concerning diplomatic immunity is very precise. I have chosen extreme cases to illustrate a point. In such a case the host country must, as in any other case considered serious enough, request of the guest Diplomat's country that it lift Diplomatic Immunity. If it refuses the only option left is not to arrest but to expel the Diplomat or Diplomats. In such serious cases as I mention a formal request would be subsequently made, after the accused Diplomats returned home, that he or she be extradited back (to the host country) to face criminal charges. It is then up to the guest country to strip the Diplomat of immunity so that this process can now begin in criminal courts of law with respect to national criminal and international law.
The Charges (See A Summary in Epilog below)
It is for this reason that I will not even care to look at the ridiculous allegations or charges
against the Deputy Counsel General-as all of the media have already sheep-like followed in their ignorance that it is even a case for jurisprudence by a court of law in the United States.
The minor matter (and it is a very minor issue by degree of breach of the Vienna Convention,
and, what is more,by a diplomat from a 'friendly' country) has been blown out of all proportion to illustrate the exercise of power rather than the commonsense of logic based on protocol.
I have long suspected, in my encounters with State Department officials, that, as with politics,positions are increasingly being staffed by diplomats, to put it politely, lacking in knowledge and who owe their jobs to political pull rather than to merit based on individual abilities,qualifications and intelligence. Let me just be clear here, these type of appointments are not a problem in themselves but when America then lectures India or any other country on the virtues of transparency and equality of opportunity then at some point foreign media will start to shine the light on the contradictions (or hypocrisies) of U.S. power and privilege and it is this which causes untold economic and political damage to U.S. interests worldwide. They all come from a School of thought which says that only American law, values and culture should prevail worldwide - from views on family conduct and values such as abortion, marriage,Gay rights, to political outlook on the world. They all come from a School which appears to think that doing business with the U.S. is implicit of a country's acceptance and subservience to America and American values in their entirety. I have noted over the decades that most of these individuals have little or no real respect for other cultures and traditions. Unlike their British counterparts, they spend little time trying to understand the complexities of local (foreign) societies and, as with fast food, take a fast track approach to trade and aid.
There is a belief in intellectual circles abroad that you cannot explain to an American, a Russian or Chinese why their thinking or rationale is illogical or flawed or out of step. Why should they accept your criticisms when their path has caused them to become superpowers-and yours is just another minor country in the world?
Imperial Hubris
So if I can now look at this whole sad and unfortunate matter from another perspective, American,Russian or Chinese hubris is simply the reflection of ultimate power destined to happen to all superpowers in all ages.
Let's face it, today, a superpower's ability to influence events is based on military,economic political, religious and cultural dominance.
Nobody will in their right mind will universally voluntarily accept Saudi Arabia's way of life as a model for human progress. Likewise Russia and China ultimately fail the test for similar ethnocentric reasons, which they cannot shake off.
The danger is that if America exercises no restraint on the power it wields in favor of commonsense and intelligent long-term planning based on respect of, what it regards as minor cultures and values (in comparison with those it espouses dearly) then, by default, it will lose credibility as a world leader.
The Charges
''India now appears set to carry out further retaliation in relation to salaries paid to Indian servants by American diplomats in India. Most domestic servants in New Delhi, including those employed by the staff of various embassies, are paid around 12,000 Rupees ($200 or £120) a month – considerably lower than than the $500 or £306 paid to Dr Khobragade’s housekeeper. '' (The British Telegraph
http://www.telegraph.co.uk/news/worldnews/asia/india/10522943/Indian-leaders-snub-American-Congressmen-as-row-over-public-arrest-of-a-senior-diplomat-grows.html)
The Cost To America (See the billion dollar issues below)
Most Americans are oblivious to the enormous potential financial damage which this event is likely to cause as 1.3bn Indians see this arrest as an insult to their nation.
How costly could the Khobragade Incident be For The U.S.?
The Billion Dollar Issues:
*Nuclear Technology Deals
*Bilateral Trade
*U.S. Investment in the growing Indian Economy
(India prefers US investors to arrgoant Russians-who abuse
continually all courtesies afforded by very hospitable and facilitatory
local (State) Indian administrations)
*Indian Kashmir-U.S. has been regarded as a potential honest broker
*The War on Terrorism-Intelligence Cooperation
*Civilian Technology Exchange (non-Nuclear)
*Purchase of Military Hardware and Software
*Satellite Technology purchase Agreements
The general mood in India suggests that these issues-which should have absolutely no bearing on the diplomatic incident-will, in effect, be linked.
The worst thing the State Department can now do is to dictate to India what or what no to link to this incident.
(One recent report cites that the issue could setback U.S.-India relations to the tune of up to $100bn-so that US Attroney Preet Bharara can reflect on the true cost of the statement which he so unfortunately made on Wednesday, without White House
involvement nor requested advice on direction.)
Epilog
Unfortunately there has now been a terrible epilog to this incident, a statement by US Attroney Preet Bharara, which will generate even more fury in India-just at a time when it would have been expected that measured, sensible and mature State Department releases would be moving to diffuse the situation rather than inflame it.
However nobody in the Oval Office appears to have a grip on the handle and each arm of the Government appears to say and do as it pleases-with no central control-at least under President Obama. There is no one identified individual in the White House who can pick the phone,twist arms up and order that something be done (sic. that this is the way the President wants things to be done) or fire the Federal Officer if it does not get done exactly how he wants it to happen.
U.S. Attorney Preet Bharara will not check with the White House to get the green light before he makes a statement no matter how damaging the implications of what he says could potentially be to US interests overseas. As far as he is concerned, he does not care about such matters as they are outside his jurisdiction and remit. Looking at the matter from U.S. Attorney Preet Bharara' perspective he is entirely correct-but what seems to fly out the window is good old fashioned tact,commonsense, wisdom, the art of compromise and diplomacy.
If everyone was to take officious, high-handed no compromise attitudes, no business would ever get done (indeed little business ever does get done on Capitol Hill these days-perhaps for this very reason.)
And where is President Obama? Well he is one President who does not take a 'hands on' so unless the matter spirals out of proportion (which it very well could, knowing how incensed hundreds of millions are in India itself) he will stay as far out of the matter as it is possible to be.
But it goes far beyond that. This is happening at a time when, after decades of suspicion about the U.S. and it's motives, India has been moving closer to significant economic and developmental agreements with the United States on matters as diverse as nuclear technology and bilateral trade. American hubris could ruin this for decades to come. Indian nationalist politicians have quickly seized on this to stoke the flames of nationalism with the call to their faithful of 'we told you so' 'this is the real face of America' 'this is what we are inviting into our 8 thousand year-old culture... you see what happened in Iraq and everywhere else America has traveled in the Middle East and non-European countries...beware my fellow countrymen and women...beware!' This is a universal summary of the message hundreds of millions of Indian citizens (perhaps as many as 700 million) are getting from their opportunist nationalist politicians and as they receive it, be in no doubt it will translate itself into political votes - against the interests of the United States in forthcoming local, regional and national elections-as Indian voters are more 'in awe' of their 'superstar' politicians (until they fall from Grace!) than their Western counterparts. Don't misunderstand me, if this diplomatic incident happened at home in India, in a political context, and was found out, it would have caused a major scandal and the public figure involved would probably have had to resign from political office. But it has happened to an Indian Diplomat in a foreign country long regarded by many Indians with great suspicion-as to it's long-term imperial ambitions for the sub-Continent, Indian Kashmir, Pakistan,Afghanistan and the region as a whole. [The lasting legacy of the British Empire in the India Sub-Continent is the largest democracy the planet has ever known, with all it's imperfections!]
U.S. Attroney Preet Bharara:
''Her [Indian Deputy Counsel General Devyani Khobragade] [full] diplomatic immunity will only start after confirmation to The United Nations''..............''We intend prosecution....and she [Indian Deputy Counsel General Devyani Khobragade] could face up to 5 years in jail''
So none of the above,I doubt not, will make very pleasant reading for you and you are probably wondering why I should even rant and rave about a minor official from a minor world player being frog-marched, carted off in the Paddy Wagon and thrown unceremoniously in a criminal jail cell, to rot if need be. Well, a long time ago in an obscure part of Europe (Sarajevo) a well-connected Arch Duke (Ferdinand) and Heir to The Austro-Hungarian Empire and his wife Princess Sophie, were assassinated. It is widely accepted by historians that this minor event in a God-forsaken land led to the Great War-and untold misery and loss of life for millions of souls, the unjust 'settlement' imposed by the victors of this War ultimately leading, in part, to the Second World War. So the effects of minor events happening in distant lands today can greatly impact our way of life tomorrow.
Epilog II
The State Department, at the insistence of U.S. Attorney Preet Bharara, has (presumably with the full knowledge and agreement of the Government of India) approved that the entire family of Sangeeta Richard, the housekeeper at the center of the underpayment allegations, be flown out of India to a new life in the United States. They are now already in the United States under Federal protection. (With the intent, I presume, of offering re-location, at a later stage, under the Federal Witness Protection Program.) This highly unusual action on behalf of The U.S. Attorney's Office of The Southern District of New York, will only serve to raise even more questions than it answers.
(My conclusion is that this is now more about salvaging State Attorney Preet Bharara's sinking career than it is about Deputy Consul General Devyani Khobragade-and statements to the effect that Attorney Bharara is only protecting his 'witness' and her family from intimidation verge on the edge of extreme hypocrisy and something far more serious-for which State officials have more than been dismissed from high office where such incidents have occurred.)
January 10, 2014:
Devyani Khobragade Deported-But With Threat of Criminal Prosecutions 'In Absentia' From State Attorney Bharara Overhanging Her Future
In a move which will either diffuse or incense the situation Devyani Khobragade was, after being unlawfully strip-searched, humiliatingly deported-with threats of criminal prosecutions-and further requests for the lifting of her diplomatic status through the Indian Courts being made by State Attorney Preet Bharara.
Putting aside the heated debate, the U.S. is signaling that should Devyani Khobragade ever again set foot inside U.S. territory she will face arrest and rendition to the U.S. (proper) on criminal charges.
My own view is that this whole incident continues to be handled appallingly, showing a total lack of diplomatic tact, commonsense and an immature high-handedness which will cause long-term damage to the status of U.S. diplomatic personnel based on the Indian sub-continent for a very very long time.
Every time Attorney Bharara speaks he further incenses an already delicate situation by making future threats against this Indian diplomat. Apparently there is nobody left in Washington with the authority to diffuse situations like this one. I am often left with the impression that everyone there spends too much time shouting and lecturing their own positions rather than listening and acting in the better interests of the country.
If there is anything 'positive' (and I say that pejoratively) to be gained, it will be by ultra-nationalist parties in the forthcoming Indian general elections. Expect them to sweep the board and ride to power on a crest of an anti-U.S. sentiment sweeping this country of 1.237bn people-courtesy of Attorney Bharara.
They should be very thankful to Attorney Bharara for giving them this (projected) victory on a silver platter.
Their chances of assuming significant gains in Lok Sabha and Rajya Sabha (Houses of Parliament) were very slim-until this external issue arose.
[So many indiscretions by U.S. diplomats and personnel are overlooked by Indian authorities I will not even start to mention them only to say that most would result,at the very very least, in humiliating recalls, if ever publicly noted. All such privileges for U.S. diplomats and U.S. citizens in India are now, at an end,all thanks to hubris.]
( update at January 10. 2014)
15th January 2014:
Approximately one hour ago,WST, [2014 10:00 IST] Indian authorities,through New Delhi TV, released one of the many indiscretions U.S. diplomats have made, which I refrained to refer to so as not to inflame an already delicate situation but which were publicly available through open sources to anybody caring to search.
http://www.ndtv.com/article/india/expelled-us-diplomat-wife-made-offensive-remarks-about-india-471102?curl=1389763652
Such comments are sadly not untypical but are not reflective of educated and well-traveled U.S. citizens-who are unfortunately rarely chosen for such postings-as their experience makes them 'suspect' (suspect to being too partial towards their host country) on the grounds of having 'gone too much native' (sic. by virtue of their widely traveled and open-minded experience of the global world.) I can say this having spoken with many knowledgeable individuals who have indeed confirmed such matters to me in private conversations.
(update at 15th January 2014)
Patrick Emek, December 2013
This article has been updated between the day of original publication and 27th December to both correct typographical errors and give as accurate an appraisal as can be identified from State Department comments
and those of individual Officers of the State. All statements paraphrased are based on actual comments made and an attempt has been made to extrapolate each on the basis of non-U.S. perception of interpretation.
errata:Vienna Convention on Diplomatic Immunity-typographical error-corrected and updated on 20th December.
*Already accredited UN Diplomat since September 2013
An interesting article posted by 'Kumar' sets out a case which the U.S. Government is
currently taking against the Deputy Counsel General Khobragade and the reasons for
it's interpretation of the Vienna Convention can be found at:
http://kumar-theloneranger.blogspot.co.uk/2013/12/devyani-khobragade-case-consular.html
note:this article by 'Kumar' sets out an interpretation of the Vienna Convention which clarifies the U.S. State Department's position on this matter.
http://www.stuff.co.nz/world/asia/9535921/Row-over-diplomats-strip-search
http://www.ibtimes.co.in/articles/531327/20131220/devyani-khorbagode-preet-bharara-sangeeta-richard-prosecute.htm?cid=5
http://www.dailymail.co.uk/news/article-2527914/Uttam-Khobragade-Indian-slave-wage-maid-Sangeeta-Richard-CIA-agent-claims-Devyani-Khobragade-father-row-continues.html
Khobragade Arrest vs Russian Diplomats' Medicaid Fraud: Would Devyani be Arrested if She was Russian? http://www.ibtimes.co.in/articles/531710/20131224/devyani-kobragade-arrest-russian-diplomats-madicaid-fraud.htm
The title of my article is re-worked from a book I read some time ago called 'Imperial Hubris,Why the West Is Losing the War On Terror' [by Anonymous]
**Michael Scheuer** published by Potomac Books Inc, Dulles,Virginia,2004
[January 10, 2014-State Department Orders Deportation of Devyani Khobragade -see latest paragraph at the end of this story]
(A recent half-hearted, condescending and grudging ''expression of regret'' by The State Department appears to have come far too late and will not undo the enormous damage to U.S. political and economic interests-which could amount to hundreds of millions of dollars-if not more.
A report suggests that Deputy Counsel General Khobragade could well be *'fast-tracked' to become India's Ambassador to the United Nations-what would be regarded as the ultimate reverse humiliation for the U.S., in the eyes of most Indian citizens on the sub-Continent.)
The Vienna Convention
An appalling breach of the Vienna Convention recently took place in the United States.
Indian Deputy Counsel General Devyani Khobragade was arrested and handcuffed
at her child's school and taken into custody.
Deputy Counsel General Khobragade was both humiliated and personally violated by U.S. Federal Officers-tantamount to rape-a criminal offence under U.S. law.
From what US Attorney, Preet Bahararahas recently said, the treatment the Deputy Counsel got was better than that afforded to American citizens when they are taken into Police custody.
To be quite frank, even if the charge was economic or military espionage or political conspiracies, the Vienna Convention concerning diplomatic immunity is very precise. I have chosen extreme cases to illustrate a point. In such a case the host country must, as in any other case considered serious enough, request of the guest Diplomat's country that it lift Diplomatic Immunity. If it refuses the only option left is not to arrest but to expel the Diplomat or Diplomats. In such serious cases as I mention a formal request would be subsequently made, after the accused Diplomats returned home, that he or she be extradited back (to the host country) to face criminal charges. It is then up to the guest country to strip the Diplomat of immunity so that this process can now begin in criminal courts of law with respect to national criminal and international law.
The Charges (See A Summary in Epilog below)
It is for this reason that I will not even care to look at the ridiculous allegations or charges
against the Deputy Counsel General-as all of the media have already sheep-like followed in their ignorance that it is even a case for jurisprudence by a court of law in the United States.
The minor matter (and it is a very minor issue by degree of breach of the Vienna Convention,
and, what is more,by a diplomat from a 'friendly' country) has been blown out of all proportion to illustrate the exercise of power rather than the commonsense of logic based on protocol.
I have long suspected, in my encounters with State Department officials, that, as with politics,positions are increasingly being staffed by diplomats, to put it politely, lacking in knowledge and who owe their jobs to political pull rather than to merit based on individual abilities,qualifications and intelligence. Let me just be clear here, these type of appointments are not a problem in themselves but when America then lectures India or any other country on the virtues of transparency and equality of opportunity then at some point foreign media will start to shine the light on the contradictions (or hypocrisies) of U.S. power and privilege and it is this which causes untold economic and political damage to U.S. interests worldwide. They all come from a School of thought which says that only American law, values and culture should prevail worldwide - from views on family conduct and values such as abortion, marriage,Gay rights, to political outlook on the world. They all come from a School which appears to think that doing business with the U.S. is implicit of a country's acceptance and subservience to America and American values in their entirety. I have noted over the decades that most of these individuals have little or no real respect for other cultures and traditions. Unlike their British counterparts, they spend little time trying to understand the complexities of local (foreign) societies and, as with fast food, take a fast track approach to trade and aid.
There is a belief in intellectual circles abroad that you cannot explain to an American, a Russian or Chinese why their thinking or rationale is illogical or flawed or out of step. Why should they accept your criticisms when their path has caused them to become superpowers-and yours is just another minor country in the world?
Imperial Hubris
So if I can now look at this whole sad and unfortunate matter from another perspective, American,Russian or Chinese hubris is simply the reflection of ultimate power destined to happen to all superpowers in all ages.
Let's face it, today, a superpower's ability to influence events is based on military,economic political, religious and cultural dominance.
Nobody will in their right mind will universally voluntarily accept Saudi Arabia's way of life as a model for human progress. Likewise Russia and China ultimately fail the test for similar ethnocentric reasons, which they cannot shake off.
The danger is that if America exercises no restraint on the power it wields in favor of commonsense and intelligent long-term planning based on respect of, what it regards as minor cultures and values (in comparison with those it espouses dearly) then, by default, it will lose credibility as a world leader.
The Charges
The
case against the Deputy Counsel General hinges on an unreasonable and
unrealistic undertaking given to the US Embassy in Delhi with regard to
wages to be paid to a non-diplomatic (domestic) employee. The actual
amount paid by the Deputy Counsel General Khobragade
to her domestic employee was $3.31 per hour-which is double what most
Indian domestic workers earn in a day-because of the differences in
wages/salaries between the U.S. and India. As one who has traveled
widely throughout India, $3.31 is more than a fair and reasonable wage
for a live-in domestic worker-indeed it is more than many U.S.
multinationals pay their workers in different parts of the world-where
they have to pay realistic wages based on local conditions rather than
what they would pay to employees back home in the US. It should also
be borne in mind that Embassy and Consular Staff are paid local (Indian)
rates of pay when posted overseas-which are topped up to ensure that
they themselves are not exploited nor vulnerable to exploitation nor
compromise whilst working at their posts abroad.
The
case was brought by an Indian domestic employee (who for legal reasons
cannot be named) who is seeking permanent residence in the US and who
effectively exploited the goodwill of the Deputy Counsel General to
achieve this objective. Comparisons between this case are now been made
with the horrific treatment meted out by Saudi diplomats
(enslavement,beatings and torture of their domestics) to attempt to
justify,what was clearly breach of diplomatic protocols, by Federal
Officers when they arrested, strip searched and violated a Diplomat of
the Government of India.''India now appears set to carry out further retaliation in relation to salaries paid to Indian servants by American diplomats in India. Most domestic servants in New Delhi, including those employed by the staff of various embassies, are paid around 12,000 Rupees ($200 or £120) a month – considerably lower than than the $500 or £306 paid to Dr Khobragade’s housekeeper. '' (The British Telegraph
http://www.telegraph.co.uk/news/worldnews/asia/india/10522943/Indian-leaders-snub-American-Congressmen-as-row-over-public-arrest-of-a-senior-diplomat-grows.html)
The Cost To America (See the billion dollar issues below)
Most Americans are oblivious to the enormous potential financial damage which this event is likely to cause as 1.3bn Indians see this arrest as an insult to their nation.
How costly could the Khobragade Incident be For The U.S.?
The Billion Dollar Issues:
*Nuclear Technology Deals
*Bilateral Trade
*U.S. Investment in the growing Indian Economy
(India prefers US investors to arrgoant Russians-who abuse
continually all courtesies afforded by very hospitable and facilitatory
local (State) Indian administrations)
*Indian Kashmir-U.S. has been regarded as a potential honest broker
*The War on Terrorism-Intelligence Cooperation
*Civilian Technology Exchange (non-Nuclear)
*Purchase of Military Hardware and Software
*Satellite Technology purchase Agreements
The general mood in India suggests that these issues-which should have absolutely no bearing on the diplomatic incident-will, in effect, be linked.
The worst thing the State Department can now do is to dictate to India what or what no to link to this incident.
(One recent report cites that the issue could setback U.S.-India relations to the tune of up to $100bn-so that US Attroney Preet Bharara can reflect on the true cost of the statement which he so unfortunately made on Wednesday, without White House
involvement nor requested advice on direction.)
Epilog
Unfortunately there has now been a terrible epilog to this incident, a statement by US Attroney Preet Bharara, which will generate even more fury in India-just at a time when it would have been expected that measured, sensible and mature State Department releases would be moving to diffuse the situation rather than inflame it.
Private (Internal Cavity) Body Searches
of Accredited Foreign Diplomats by NYPD and U.S. Federal Officers Are OK-Says U.S. State Attorney, Preet Bharara
US
Attorney,Preet Bharara said that the entire treatment (which would
include the private internal areas personal body search) of Indian Deputy
Counsel General Devyani Khobragade was more respectful than any other American citizen could expect to receive.
A spokeswoman for the US Marshals Service said that '' under the agency's regulations governing prisoner searches, a strip search can include a "visual inspection" of body cavities, including the nose, mouth, genitals and anus'' .
This confirms the Deputy Counsel General account and negates that of the Washington Post that the search was 'respectful'. I really don't know what has happened to the State Department in the past decade - but someone with authority needs to get a grip on the handle and demonstrate that intelligent life still exists there. Someone-perhaps-who has been a senior diplomat-needs to take Preet aside sit down with him and explain as to why it is not now and never ever OK for U.S. (or authorities anywhere else in the world) to search nor internal body search accredited diplomats sent to the United States or posted to the United Nations (or anywhere else for that matter.)
Rudderless Ship? A spokeswoman for the US Marshals Service said that '' under the agency's regulations governing prisoner searches, a strip search can include a "visual inspection" of body cavities, including the nose, mouth, genitals and anus'' .
This confirms the Deputy Counsel General account and negates that of the Washington Post that the search was 'respectful'. I really don't know what has happened to the State Department in the past decade - but someone with authority needs to get a grip on the handle and demonstrate that intelligent life still exists there. Someone-perhaps-who has been a senior diplomat-needs to take Preet aside sit down with him and explain as to why it is not now and never ever OK for U.S. (or authorities anywhere else in the world) to search nor internal body search accredited diplomats sent to the United States or posted to the United Nations (or anywhere else for that matter.)
However nobody in the Oval Office appears to have a grip on the handle and each arm of the Government appears to say and do as it pleases-with no central control-at least under President Obama. There is no one identified individual in the White House who can pick the phone,twist arms up and order that something be done (sic. that this is the way the President wants things to be done) or fire the Federal Officer if it does not get done exactly how he wants it to happen.
U.S. Attorney Preet Bharara will not check with the White House to get the green light before he makes a statement no matter how damaging the implications of what he says could potentially be to US interests overseas. As far as he is concerned, he does not care about such matters as they are outside his jurisdiction and remit. Looking at the matter from U.S. Attorney Preet Bharara' perspective he is entirely correct-but what seems to fly out the window is good old fashioned tact,commonsense, wisdom, the art of compromise and diplomacy.
If everyone was to take officious, high-handed no compromise attitudes, no business would ever get done (indeed little business ever does get done on Capitol Hill these days-perhaps for this very reason.)
And where is President Obama? Well he is one President who does not take a 'hands on' so unless the matter spirals out of proportion (which it very well could, knowing how incensed hundreds of millions are in India itself) he will stay as far out of the matter as it is possible to be.
But it goes far beyond that. This is happening at a time when, after decades of suspicion about the U.S. and it's motives, India has been moving closer to significant economic and developmental agreements with the United States on matters as diverse as nuclear technology and bilateral trade. American hubris could ruin this for decades to come. Indian nationalist politicians have quickly seized on this to stoke the flames of nationalism with the call to their faithful of 'we told you so' 'this is the real face of America' 'this is what we are inviting into our 8 thousand year-old culture... you see what happened in Iraq and everywhere else America has traveled in the Middle East and non-European countries...beware my fellow countrymen and women...beware!' This is a universal summary of the message hundreds of millions of Indian citizens (perhaps as many as 700 million) are getting from their opportunist nationalist politicians and as they receive it, be in no doubt it will translate itself into political votes - against the interests of the United States in forthcoming local, regional and national elections-as Indian voters are more 'in awe' of their 'superstar' politicians (until they fall from Grace!) than their Western counterparts. Don't misunderstand me, if this diplomatic incident happened at home in India, in a political context, and was found out, it would have caused a major scandal and the public figure involved would probably have had to resign from political office. But it has happened to an Indian Diplomat in a foreign country long regarded by many Indians with great suspicion-as to it's long-term imperial ambitions for the sub-Continent, Indian Kashmir, Pakistan,Afghanistan and the region as a whole. [The lasting legacy of the British Empire in the India Sub-Continent is the largest democracy the planet has ever known, with all it's imperfections!]
U.S. Attroney Preet Bharara:
''Her [Indian Deputy Counsel General Devyani Khobragade] [full] diplomatic immunity will only start after confirmation to The United Nations''..............''We intend prosecution....and she [Indian Deputy Counsel General Devyani Khobragade] could face up to 5 years in jail''
So none of the above,I doubt not, will make very pleasant reading for you and you are probably wondering why I should even rant and rave about a minor official from a minor world player being frog-marched, carted off in the Paddy Wagon and thrown unceremoniously in a criminal jail cell, to rot if need be. Well, a long time ago in an obscure part of Europe (Sarajevo) a well-connected Arch Duke (Ferdinand) and Heir to The Austro-Hungarian Empire and his wife Princess Sophie, were assassinated. It is widely accepted by historians that this minor event in a God-forsaken land led to the Great War-and untold misery and loss of life for millions of souls, the unjust 'settlement' imposed by the victors of this War ultimately leading, in part, to the Second World War. So the effects of minor events happening in distant lands today can greatly impact our way of life tomorrow.
Epilog II
The State Department, at the insistence of U.S. Attorney Preet Bharara, has (presumably with the full knowledge and agreement of the Government of India) approved that the entire family of Sangeeta Richard, the housekeeper at the center of the underpayment allegations, be flown out of India to a new life in the United States. They are now already in the United States under Federal protection. (With the intent, I presume, of offering re-location, at a later stage, under the Federal Witness Protection Program.) This highly unusual action on behalf of The U.S. Attorney's Office of The Southern District of New York, will only serve to raise even more questions than it answers.
(My conclusion is that this is now more about salvaging State Attorney Preet Bharara's sinking career than it is about Deputy Consul General Devyani Khobragade-and statements to the effect that Attorney Bharara is only protecting his 'witness' and her family from intimidation verge on the edge of extreme hypocrisy and something far more serious-for which State officials have more than been dismissed from high office where such incidents have occurred.)
January 10, 2014:
Devyani Khobragade Deported-But With Threat of Criminal Prosecutions 'In Absentia' From State Attorney Bharara Overhanging Her Future
In a move which will either diffuse or incense the situation Devyani Khobragade was, after being unlawfully strip-searched, humiliatingly deported-with threats of criminal prosecutions-and further requests for the lifting of her diplomatic status through the Indian Courts being made by State Attorney Preet Bharara.
Putting aside the heated debate, the U.S. is signaling that should Devyani Khobragade ever again set foot inside U.S. territory she will face arrest and rendition to the U.S. (proper) on criminal charges.
My own view is that this whole incident continues to be handled appallingly, showing a total lack of diplomatic tact, commonsense and an immature high-handedness which will cause long-term damage to the status of U.S. diplomatic personnel based on the Indian sub-continent for a very very long time.
Every time Attorney Bharara speaks he further incenses an already delicate situation by making future threats against this Indian diplomat. Apparently there is nobody left in Washington with the authority to diffuse situations like this one. I am often left with the impression that everyone there spends too much time shouting and lecturing their own positions rather than listening and acting in the better interests of the country.
If there is anything 'positive' (and I say that pejoratively) to be gained, it will be by ultra-nationalist parties in the forthcoming Indian general elections. Expect them to sweep the board and ride to power on a crest of an anti-U.S. sentiment sweeping this country of 1.237bn people-courtesy of Attorney Bharara.
They should be very thankful to Attorney Bharara for giving them this (projected) victory on a silver platter.
Their chances of assuming significant gains in Lok Sabha and Rajya Sabha (Houses of Parliament) were very slim-until this external issue arose.
[So many indiscretions by U.S. diplomats and personnel are overlooked by Indian authorities I will not even start to mention them only to say that most would result,at the very very least, in humiliating recalls, if ever publicly noted. All such privileges for U.S. diplomats and U.S. citizens in India are now, at an end,all thanks to hubris.]
( update at January 10. 2014)
15th January 2014:
Approximately one hour ago,WST, [2014 10:00 IST] Indian authorities,through New Delhi TV, released one of the many indiscretions U.S. diplomats have made, which I refrained to refer to so as not to inflame an already delicate situation but which were publicly available through open sources to anybody caring to search.
http://www.ndtv.com/article/india/expelled-us-diplomat-wife-made-offensive-remarks-about-india-471102?curl=1389763652
Such comments are sadly not untypical but are not reflective of educated and well-traveled U.S. citizens-who are unfortunately rarely chosen for such postings-as their experience makes them 'suspect' (suspect to being too partial towards their host country) on the grounds of having 'gone too much native' (sic. by virtue of their widely traveled and open-minded experience of the global world.) I can say this having spoken with many knowledgeable individuals who have indeed confirmed such matters to me in private conversations.
(update at 15th January 2014)
Patrick Emek, December 2013
This article has been updated between the day of original publication and 27th December to both correct typographical errors and give as accurate an appraisal as can be identified from State Department comments
and those of individual Officers of the State. All statements paraphrased are based on actual comments made and an attempt has been made to extrapolate each on the basis of non-U.S. perception of interpretation.
errata:Vienna Convention on Diplomatic Immunity-typographical error-corrected and updated on 20th December.
*Already accredited UN Diplomat since September 2013
An interesting article posted by 'Kumar' sets out a case which the U.S. Government is
currently taking against the Deputy Counsel General Khobragade and the reasons for
it's interpretation of the Vienna Convention can be found at:
http://kumar-theloneranger.blogspot.co.uk/2013/12/devyani-khobragade-case-consular.html
note:this article by 'Kumar' sets out an interpretation of the Vienna Convention which clarifies the U.S. State Department's position on this matter.
http://www.stuff.co.nz/world/asia/9535921/Row-over-diplomats-strip-search
http://www.ibtimes.co.in/articles/531327/20131220/devyani-khorbagode-preet-bharara-sangeeta-richard-prosecute.htm?cid=5
http://www.dailymail.co.uk/news/article-2527914/Uttam-Khobragade-Indian-slave-wage-maid-Sangeeta-Richard-CIA-agent-claims-Devyani-Khobragade-father-row-continues.html
Khobragade Arrest vs Russian Diplomats' Medicaid Fraud: Would Devyani be Arrested if She was Russian? http://www.ibtimes.co.in/articles/531710/20131224/devyani-kobragade-arrest-russian-diplomats-madicaid-fraud.htm
Could Arrest of Indian Diplomat Sink Preet Bharara?
http://garyweiss.blogspot.co.uk/2013/12/could-arrest-of-indian-diplomat-sink.html
Husain Haqqani, the former Pakistani Ambassador to the United States cautions American Law Enforcers: ''US law enforcers should be mindful of global realities''
http://www.thehindu.com/news/international/south-asia/us-law-enforcers-should-be-mindful-of-global-realities-haqqani/article5482777.ece?ref=relatedNews
http://qz.com/165510/will-devyani-khobragades-departure-from-the-us-signal-the-end-of-us-india-tensions/
http://qz.com/165510/will-devyani-khobragades-departure-from-the-us-signal-the-end-of-us-india-tensions/
The title of my article is re-worked from a book I read some time ago called 'Imperial Hubris,Why the West Is Losing the War On Terror' [by Anonymous]
**Michael Scheuer** published by Potomac Books Inc, Dulles,Virginia,2004
