Sunday, January 12, 2014

Today's newspaper articles

Today’s series of articles continue the theme of the diplomatic spat between the US and India (the first article is from the BBC and the rest are from “The Guardian”):

10 January 2014 Last updated at 21:07 GMT

 

US diplomat to leave Delhi embassy amid Khobragade row


Devyani Khobragade with her father, Uttam, (right) on arrival back in Delhi

The US has confirmed that an American official will leave its embassy in Delhi at India's request, amid a diplomatic row.

The US state department said it deeply regretted the move and hoped that it would bring closure to the case.

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

She was asked to leave and arrived back in Delhi on Friday evening.

'Filled with joy'

The state department said it now hoped India would return to constructive ties with the US.

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.

Spokeswoman Jen Psaki said: "We deeply regret that the Indian government felt it was necessary to expel one of our diplomatic personnel.

"This has clearly been a challenging time in the US-India relationship. We expect and hope that this will now come to closure and the Indians will take significant steps with us to improve our relationship and return it to a more constructive place," she said.

The expelled diplomat has not been named.

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

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.
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.

She arrived back in the Indian capital at about 22:30 (17:00 GMT) on Friday.

Her father, Uttam Khobragade, said: "We are very relaxed and happy that she is back home. We are filled with joy."

He added: "We are overwhelmed by the country's support."

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.

-----------------------------------------------------------------------------

India says more work needed to repair US ties after diplomatic 'mini crisis'

• Foreign minister blames Washington for row between allies
• Arrest and strip search of consular official outraged Indians

·         Reuters in New Delhi
·         theguardian.com, Saturday 11 January 2014 14.43 GMT
Indian diplomat Devyani Khobragade leaves the ministry of external affairs in New Delhi, India, following her expulsion from the US. Photograph: STR/EPA

India on Saturday blamed the US for a "mini crisis" over the arrest and strip search of an Indian envoy, and said more work was needed to repair ties a day after the withdrawal of diplomats seemed to draw a line under the row.

Devyani Khobragade, 39, who was India's deputy consul-general in New York, was arrested in December on charges of visa fraud and lying to US authorities about what she paid her housekeeper. Khobragade's arrest and strip search provoked protests in India and dealt a serious blow to US efforts to strengthen ties.

India's foreign minister, Salman Khurshid, said the US should have warned senior officials visiting Washington a day before Khobragade's arrest by State Department security in December.

"It wasn't even mentioned," Khurshid told the CNN-IBN television network. He called the row a "mini crisis" and said India should have been given the chance to withdraw Khobragade before she was arrested. He said the core of the US-Indian relationship was very strong and that he did not expect lasting damage from what has turned into the biggest rift in years.

"I think we've found that at least the immediate, immediate concerns have been addressed," Khurshid said. "But there's a lot more still to do."

He did not clarify what else must be done to avoid lasting damage to ties between the countries, who share some $100bn in annual trade. The two countries also cooperate on a wide range of issues including counter-terrorism, regional security and defence. India is also a major market for US weapons.

Khobragade returned to New Delhi on Friday, following a deal that let her leave the US after being indicted by a federal grand jury. Since her return she has limited comment on the case to expressing thanks for the support she has received in India, where her treatment caused fury in the foreign service and broader antagonism towards the United States.

"I'm really grateful for all your support, my government will speak for me, my lawyer will speak for me," she told reporters on Saturday.

Khurshid said Washington should have asked India to withdraw Khobragade rather than arrest her.

"When you have two friendly countries when something is becoming untenable, then you cooperate with each other," he said. "If you have inkling or a sense that something like this will unfold, you should take the quickest steps that you can to ensure that it doesn't happen."

India sharply curbed privileges offered to US diplomats in retaliation for the treatment of Khobragade. Khurshid gave no sign these measures would be reversed.

India on Friday asked Washington to withdraw a diplomat from New Delhi, in response to what was effectively the expulsion of Khobragade from the United States. An Indian official told reporters the government believed the US diplomat had a role in the Khobragade case but gave no more details.

Washington has agreed to withdraw the envoy, who it did not identify. Citing sources, Indian media said the diplomat was a senior security official at the US embassy who India believes helped the housekeeper Sangeeta Richard's husband flee to the United States despite a court injunction against him in Delhi.

The continued presence in the US of the housekeeper could pose a challenge to Washington as it seeks to repair its relationship with New Delhi. India has asked US authorities to arrest Richard over the Indian government's allegations that she stole cash, a mobile phone and documents from Khobragade. Richard has denied the charges.

·         © 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

-----------------------------------------------------------------------------

 

US withdraws diplomat from Delhi over Devyani Khobragade row


Dispute nears conclusion as Indian deputy consul general indicted for visa fraud expected in Delhi after effective expulsion from US

Devyani Khobragade was indicted for visa fraud and making multiple false statements. Photograph: Stringer/Reuters

The US state department has agreed to India's request to withdraw a diplomat from Delhi in connection with a row that has threatened to badly damage relations between the countries. It appears that the dispute – sparked by the arrest of India's deputy consul general in New York on charges of visa fraud and underpaying her maid last month – is moving towards a conclusion.

Devyani Khobragade was expected to land in Delhi late on Friday on an Air India flight from New York after a battle of nerves over two days that resulted in her effective expulsion from the US hours after she was granted immunity from the charges against her. "The drama is coming to a close. It was beginning to seriously affect the relationship and, because there is still sufficient goodwill despite the outrage, we have seen serious efforts in recent days to find a way out," said Raja Mohan, a foreign affairs analyst in Delhi.

Khobragade's arrest caused outrage in India and prompted a range of retaliatory measures in Delhi against US diplomats. Though John Kerry, the US secretary of state, expressed regret after the incident, this fell short of the apology demanded by India. Senior US officials postponed trips to India while Indian officials expressed "deep disappointment".

Hours after a grand jury in New York indicted Khobragade, 39, for visa fraud and making multiple false statements, and with a court appearance due next week, a series of last-minute moves saw the US first grant a visa confirming her full immunity, then ask India to waive that immunity and finally ask the mother-of-two to leave the country.
Indian official sources said they had applied for the visa, normally a formality, about three weeks ago. Khobragade flew out of the US, according to her lawyer, with "her head held high". "She looks forward to assuring that the truth is known," the lawyer said.

The US state department confirmed a US official would leave Delhi, saying it deeply regretted the move. Senior officials in Delhi had earlier confirmed a demand for the US diplomat of Khobragade's rank to be withdrawn – tantamount to an expulsion – following a "strict principle of reciprocity".Officials in India have not directly denied US prosecutors' claims that Khobragade lied to visa officials about the salary she would pay her maid, who had been flown over from India, but say the charges are a "grey area open to interpretation". "The worst that can be said about her is that she did not comply with the amount that was supposed to be paid under the law," Salman Khurshid, India's foreign minister, told the Guardian last month.

The indictment claims Khobragade showed visa officials in India a contract which stated she would pay her Indian maid $4,500 per month but subsequently wrote out a second contract offering a significantly lower rate of pay and eventually gave her employee far less than the US minimum wage of $7.25 an hour. It is also claimed that Khobragade withheld her maid's passport and had forced her to work 13- to 15-hour days, seven days a week. She denies all wrongdoing.

Though the exact sequence of events leading to the arrest is unclear, it appears the US state department alerted Indian authorities to the pending prosecution of Khobragade several weeks before the diplomat was arrested. Usual practice in such cases is for the official in question to be quietly withdrawn. However, no action was taken as the legal case against Khobragade gathered momentum.

Indian authorities had shifted Khobragade to their mission at the UN after her arrest, a move that should have guaranteed full diplomatic immunity rather than the limited immunity that comes with a consular post. However, without a crucial visa from US authorities the possibility remained that Khobragade could still have been open to prosecution. If found guilty she would have faced up 10 years in jail.

One sticking point in the deal, according to Indian officials, was Khobragade's own demand that she be allowed to return to the US in the future. It does not appear that this demand has been met. Her husband is a US citizen and her two children were still in the US last night, officials told the Guardian.

While New Delhi and Washington stressed the importance of their bilateral relationship during the crisis, it took weeks of complex wrangling to find a workable solution both sides could live with.

Earlier this week Indian authorities ordered the US embassy to close a club for expatriate Americans there. Security barriers outside the embassy were removed in the days after the arrest of Khobragade in "a spirit of strict reciprocity", said one Indian official with direct knowledge of the case.

A trip to India next week by the US energy secretary, Ernest Moniz, was postponed around the same time. The US assistant secretary of state for south Asia, Nisha Desai Biswal, delayed her first visit to the country to avoid the trip becoming embroiled in the dispute.

Khobragade's departure removes the focus of current friction between New Delhi and Washington but it is unclear how long it will take for the anger to subside in the run-up to national elections in India in May.

Outrage in India has been fuelled by politicians' unwillingness to seem out of step with public mood. On Friday opposition leaders accused the ailing administration of the prime minister, Manmohan Singh, of failing to protect Indian interests.

"Bringing Khobragade is our defeat, not a win, because a case will be on against her in the US. The US has decided," Yashwant Sinha, of the Bharatiya Janata Party, told reporters. The treatment of Khobragade – who was briefly detained with other criminal defendants and strip-searched – caused particular anger. Relations between the US and India have long been rocky, though steadily improving since a nadir in the 1970s. Barack Obama received a warm welcome on his visit in 2010 when he described the two countries' shared interests as the foundations of "a defining partnership for the 21st century". However there remains deep suspicion of Washington in Delhi, and in India more generally, and many US officials see India as a difficult partner.

Critics accuse Obama of failing to pay sufficient attention to ties with a country viewed as a key strategic counterbalance to China and an engine to boost the US economy, while American hopes of building a more robust business relationship with India have run into bureaucratic hurdles.

Frustration has grown among the US corporate lobby. Indian sourcing rules for retail, information technology, medicine and clean energy products are contentious and US firms complain about "unfair" imports from India of everything from shrimp to steel pipes. In June more than 170 US lawmakers signed a letter to Obama about Indian policies they said threatened American jobs.

Earlier this week the Indian prime minister cited a 2008 deal with the US on civil nuclear power as one of the major achievements of his nine-year tenure. However, implementation of the deal was blocked when Indian lawmakers passed crucial legislation affecting the liability of overseas firms investing in nuclear power in the south Asian country.

Khobragade's arrest touched a range of sensitivities in India. Almost all middle-class households in India employ at least one, and often several, members of staff who will undertake tasks from cleaning and cooking to childcare and driving.

With few Indian diplomats paid enough to legally employ local staff to perform such functions in postings in the west, the practice has long been to fly out Indian workers and paid rates that, if low in the US and elsewhere, would be generous at home.

Preet Bharara, the prosecutor in Khobragade's case, said last month: "In fact the Indian government itself has been aware of this legal issue and that its diplomats and consular officers were at risk of violating the law. The question then may be asked: is it for US prosecutors to look the other way, ignore the law and the civil rights of victims … or is it the responsibility of the diplomats and consular officers and their government to make sure the law is observed?"

There have been several previous incidents involving senior Indian diplomats in the US and domestic staff brought from India. In 2011 the Indian consul general, Prabhu Dayal, was accused by his maid of forced labour and sexual harassment, charges he called "complete nonsense" and that were later dropped.

A year earlier a US judge recommended that an Indian diplomat and her husband pay a maid nearly $1.5m in compensation for being forced to work without pay and suffering "barbaric treatment" in their luxury Manhattan apartment.

Bharara, the prosecutor, made the highly unusual move of issuing a lengthy statement addressing the arrest. He said Khobragade was afforded courtesies most Americans would not get, such as being allowed to make phone calls for two hours to arrange childcare and sort out personal matters, after she was arrested by state department agents outside the school that her children attend in Manhattan.

Bharara, who was born in India but moved with his family to New Jersey, defended his case.

"One wonders whether any government would not take action regarding false documents being submitted to it in order to bring immigrants into the country," he said. "And one wonders why there is so much outrage about the alleged treatment of the Indian national accused of perpetrating these acts, but precious little outrage about the alleged treatment of the Indian victim and her spouse?"

Khobragade will now take up a post in Delhi, a statement from the Indian ministry of external affairs said.

"At the time of her departure for India, Counsellor Khobragade reiterated her innocence on charges filed against her. She affirmed her gratitude to the government of India, in particular to the external affairs minister, and the people of India, as also the media, for their strong and sustained support during this period," it said.

·         © 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

-----------------------------------------------------------------------------

Indian diplomat Devyani Khobragade leaves US under immunity

Indian deputy consul general is charged in New York with fraud regarding her maid but leaves country without facing court

·         Jason Burke in Delhi and Dan Roberts in Washington
·         theguardian.com, Friday 10 January 2014 08.20 GMT
Devyani Khobragade has left the US after her diplomatic immunity was confirmed, allowing her to sidestep fraud charges in New York. Photograph: Mohammed Jaffer/Reuters

A serious row between Washington and India appeared to move towards conclusion on Thursday after a high-tension drama resulted in the effective expulsion of a diplomat from the US hours after she was granted immunity from charges of visa fraud and underpaying her maid.

The arrest of Khobragade, who was India's deputy consul general in New York, caused outrage in her home country and prompted a range of retaliatory measures in Delhi against US diplomats in the Indian capital.

Though John Kerry, the US secretary of state, expressed regret shortly after the incident, this fell short of the apology demanded by Indians.

Khobragade's father, Uttam Khobragade, a retired bureaucrat, said: "Devyani today left
the US with full diplomatic immunity, vindicating the stand that whatever dispute being raised in the US is a prerogative of [the] sovereign country, India, and only can be adjudicated by Indian courts."

With the always complex relationship between Washington and Delhi under serious strain, senior US officials have postponed trips to India while Indian officials have continued to express their “deep disappointment” against a background of continuing public anger.

However hours after a grand jury in New York indicted Khobragade for visa fraud and making multiple false statements, and with a court appearance due next week, a series of dramatic last-minute developments saw the US first grant a crucial visa confirming full immunity to the diplomat, then ask India to waive that immunity and finally ask the 39-year-old to leave the country.

Indian official sources said they had applied for the visa, normally a formality, about three weeks ago. Khobragade flew out of the US on Thursday night, according to her lawyer, with “her head held high”.

"She looks forward to assuring that the truth is known," the lawyer said. An Indian official in Delhi said: "We will take this one day at a time. Today we are focused on bringing her back and then we will decide. But we have a relationship with the US which is broad."

Officials in India have not directly denied US prosecutors' claims that she lied to visa officials about the salary she would pay her maid, who had been flown over from India, but say the charges are a "grey area open to interpretation".

The indictment claims she said she would pay her Indian maid $4,500 per month but actually gave her far less than the US minimum wage of $7.25 an hour.

“The worst that can be said about her is that she did not comply with the amount that was supposed to be paid under the law,” Salman Khurshid, India’s foreign minister, told the Guardian last month.

If found guilty she would have faced up to a 10-year jail sentence.

Indian authorities had shifted Khobragade to their mission at the UN after her arrest, a move that should have guaranteed full diplomatic immunity rather than the limited immunity that comes with a consular post. However without the crucial visa from US authorities the possibility remained that Khobragade could still have been open to prosecution.
One sticking point in the deal, according to Indian officials, was Devyani's own demand that she be allowed to return to the US in the future. Her husband is a US citizen. It does not appear that this demand has been met.

"Upon her departure a warrant may be issued for her arrest and should she seek to enter the United States she could be arrested," said a diplomatic note issued by the US mission to the UN.

While both New Delhi and Washington stressed the importance of their bilateral relationship during the crisis, it took weeks of complex wrangling to find a workable solution both sides could live with.

Earlier this week Indian authorities ordered the US embassy to close a club for expatriate Americans there. Security barriers outside the embassy were removed in the days after the arrest of Khobragade in “a spirit of strict recipocity", said one Indian official with direct knowledge of the case.

A trip to India next week by the US energy secretary, Ernest Moniz, was postponed around the same time. The US assistant secretary of state for south Asia, Nisha Desai Biswal, delayed her first visit to the country to avoid the trip becoming embroiled in the dispute.

Khobragade's departure would remove the focus of current friction between New Delhi and Washington but it is unclear how long it will take the anger to subside in the run-up to national elections in India in May.

The outrage in India has been fuelled by politicians' unwillingness to seem out of step with public mood. The treatment of Khobragade – who was briefly detained with other criminal defendants and strip-searched – caused particular anger.

"We have the support of the entire Indian society on this. We are a country of a billion people with a reputation for being independent in our world view but we believe in our relationship with the US and that is why we are genuinely shocked," one Indian official said earlier this week.

Relations between the US and India have long been rocky, though steadily improving since a nadir in the 1970s. Barack Obama received a warm welcome on his visit in 2010 when he described the two countries shared interests as the foundations of "a defining partnership for the 21st century". However there remains deep suspicion of Washington in Delhi, and in India more generally, and many US officials see India as a difficult partner.

Critics accuse Obama of failing to pay sufficient attention to ties with a country viewed as a key strategic counterbalance to China and an engine to boost the US economy, while American hopes of building a more robust business relationship with India have run into bureaucratic hurdles.

Frustration has grown among the US corporate lobby. Indian sourcing rules for retail, information technology, medicine and clean energy products are contentious and US firms complain about "unfair" imports from India of everything from shrimp to steel pipes. In June more than 170 US lawmakers signed a letter to Obama about Indian policies they said threatened American jobs.

Earlier this week Manmohan Singh, the Indian prime minister, cited a 2008 deal with the US on civil nuclear power as one of the major achievements of his nine-year tenure. However implementation of the deal was blocked when Indian lawmakers passed crucial legislation affecting the liability of overseas firms investing in nuclear power in the south Asian country.

The arrest of Khobragade touches a range of sensitivities in India. Almost all middle-class households in India employ at least one, and often several, members of staff who will undertake tasks from cleaning and cooking to childcare and driving.

With few Indian diplomats paid wages that would allow them to legally employ local staff to perform such functions in postings in the west, the practice has long been for Indian workers to be flown out and paid rates that, if illegal in the US and elsewhere, would be generous at home.

Preet Bharara, the prosecutor in Khobragade's case, said last month: "In fact the Indian government itself has been aware of this legal issue and that its diplomats and consular officers were at risk of violating the law. The question then may be asked: is it for US prosecutors to look the other way, ignore the law and the civil rights of victims … or is it the responsibility of the diplomats and consular officers and their government to make sure the law is observed?"

There have been several previous incidents involving senior Indian diplomats in the US and domestic staff brought from India. In 2011 the Indian consul general, Prabhu Dayal, was accused by his maid of forced labour and sexual harassment, charges he called "complete nonsense" and that were later dropped.

A year earlier a US judge recommended that an Indian diplomat and her husband pay a maid nearly $1.5m in compensation for being forced to work without pay and suffering "barbaric treatment" in their luxury Manhattan apartment.

The US attorney handling the case, Preet Bharara, made the highly unusual move of issuing a lengthy statement addressing the arrest and issues not in a criminal complaint.

He said Khobragade was afforded courtesies most Americans would not get, such as being allowed to make phone calls for two hours to arrange childcare and sort out personal matters, after she was arrested by state department agents outside the school that her children attend in Manhattan.

Bharara, who was born in India but moved with his family to New Jersey, defended his case. "One wonders whether any government would not take action regarding false documents being submitted to it in order to bring immigrants into the country," he said.

"And one wonders why there is so much outrage about the alleged treatment of the
Indian national accused of perpetrating these acts, but precious little outrage about the alleged treatment of the Indian victim and her spouse?"

Khobragade will now take up a post in Delhi, a statement from the Indian ministry of external affairs said.

"At the time of her departure for India, Counsellor Khobragade reiterated her innocence on charges filed against her. She affirmed her gratitude to the government of India, in particular to the external affairs minister, and the people of India, as also the media, for their strong and sustained support during this period," it said.


·         © 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

No comments:

Post a Comment