Devyani Khobragade case on backburner, US poised to irretrievably lose unilateral privileges

[Sashan]

@Solomon2 - I already provided the below response in another thread for the same question raised by this member - shiv on why US is taking the grand standing suddenly after 60 years.


Who said US suddenly woke up one fine day?

US was privy to these kinds of maid abuse not just by India but by other countries. So in 2008, formulated William Wilberforce Trafficking Victims Protection Reauthorisation Act which was meant to be protecting all the workers coming to US from the unfair treatment by their employers(not just the maids, even the software professionals and other educated employees). As per this law the diplomats/consular officers were made known of and had the obligation to inform their employees of their rights(in case of A3 visas) and read the pamplet link I published below on what the rights are(the partial screen shot I have shown here as well). So Devyani was always aware of these laws.


In 2008, the US government accountability office (GAO) published a report which identified 42 instances of diplomats in the US accused of abusing foreign employees they had brought to the country between 2000 and 2008.

The GAO report conceded that this almost certainly underestimated the problem. Nearly a third of the accused diplomats were from Africa while 15 per cent were from Asia and 2.5 per cent from Europe.

Also in 2008, the William Wilberforce Trafficking Victims Protection Reauthorisation Act strengthened protections offered to employees of diplomats and consular officials employees and made it possible to censure employers.

Devyani, a case of more teeth to law

And many previous cases were successfully prosecuted -

1. There was a civil court law suit against Neena Malhotra who enjoyed full diplomatic immunity unlike Devyani was sued for $1.5 million and in this case the maid abused was a 17 year old girl called Shanti Gurung but she had run away to India without facing the civil charges.
2. Another Indian diplomat Prabhu Dayal settled for an undiclosed sum for abusing the maid.
3. Another Mauritius diplomat settled for a retribution of $25,000 and a fine of $5000.
4. Another Taiwanese diplomat was prosecuted and was asked to pay about $80,000



Devyani, a case of more teeth to law

Under this law, domestic workers must be made aware of their rights in this country directly by consular officers and, most relevant to the Khobragade case, diplomats are required to have a contract with a domestic worker containing conditions of employment.

Devyani grossly underpaid domestic worker, say lawyers - The Hindu

http://www.travel.state.gov/pdf/Pamphlet-Order.pdf

 

[Manvantaratruti]

Domestics working outside the consulate are not private staff of the consulate.

These kind of lies and deceit is what defines Americans.

Article 53
Beginning and end of consular privileges and immunities

2.Members of the family of a member of the consular post forming part of his household and members of his private staff shall receive the privileges and immunities provided in the present Convention from the date from which he enjoys privileges and immunities in accordance with paragraph 1 of this article or from the date of their entry into the territory of the receiving State or from the date of
their becoming a member of such family or private staff, whichever is the latest.


Even members of HOUSEHOLD and private staff is covered under the Vienna convention. This INCLUDES maids and Nanny's.

Which is exactly why the US COULD NOT charge the Dy. counsul General with slavery. They have to take a round about route by charging her with only LYING. They did that because that is the ONLY way they could touch her.

As near as I can tell, that didn't happen. U.S. conduct was within the bounds of the Vienna Consular Convention. Including the non-invasive strip search conducted in privacy by a female attendant.

That is for INDIA to decide. Your boorish opinion on this matter does not matter.

Your arrogant ignorance of diplomatic niceties and respect for other nations is legendary.

The Indian diplomat was RAPED under RAPE defined under INDIAN LAW. That is what matters to us.

Add to that the wanton violation of Vienna convention.

There will be a price to pay and you can BET it will be paid in full because India will EXTRACT payment.

 

[Solomon2]

Even members of HOUSEHOLD and private staff is covered under the Vienna convention. This INCLUDES maids and Nanny's.

Private staff is private staff, a nanny/maid is a nanny. To make the distinction clear, different visas are used.

That is for INDIA to decide. Your boorish opinion on this matter does not matter.

Ah, but what price will India have to pay other nations - not the U.S. - for not removing Khobragade's immunity?

Your arrogant ignorance of diplomatic niceties and respect for other nations is legendary.

Oh, you wouldn't believe me if I told you!

The Indian diplomat was RAPED under RAPE defined under INDIAN LAW. That is what matters to us. Add to that the wanton violation of Vienna convention.

It's going to be up to the Dean and SecGen, I think. They're probably involved in this already, quietly, trying to talk sense to the Indians.

I wish Dobrynin was here; this sort of thing never happened on his watch.

There will be a price to pay and you can BET it will be paid in full because India will EXTRACT payment.

Would that be ginseng extracts, or plain vanilla?

 

[Manvantaratruti]

Private staff is private staff, a nanny/maid is a nanny. To make the distinction clear, different visas are used.

That is why the nanny traveled with a white Indian govt. passport indicating her status as an Indian govt. employee and the US gave the visa on the same govt. passport.

She was private staff well covered under Vienna convention.

Ah, but what price will India have to pay other nations - not the U.S. - for not removing Khobragade's immunity?

You better start worrying about what price US will pay all around the world for this action. India's diplomatic strengths goes beyond its border and US has plenty of enemies all over the world.

I am actually glad this incident happened with Dr. Khobragade. It has dozed quite a bit of foolish Indians about the true nature of the US. It was about time India treated US the way it deserved to be treated.

Oh, you wouldn't believe me if I told you!

I already know. Nothing surprising.

It's going to be up to the Dean and SecGen, I think. They're probably involved in this already, quietly, trying to talk sense to the Indians.

LOL. Most probably they are talking sense to the Americans and telling themselves that yet again the US has shot itself in the foot.

Would that be ginseng extracts, or plain vanilla?

Hot Indian curry extract. Sure to burn your *** for the next couple of years.