US Embassy hosted full-scale commercial facilities

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The US Embassy has since long hosted full-scale commercial facilities within its compound which include the sale and service establishment that are open not only to non-US diplomats from third countries but to non-diplomatic personnel as well.


"This is a misuse of diplomatic privilege that is not extended by the US to others in their country", sources said.


There is a view in the government that US diplomats at the Embassy in New Delhi and in their Consulates in other cities in India have always enjoyed a high degree of non-reciprocal privileges and facilitation. These include tax-free treatment of their nationals working in the American Embassy school in New Delhi, extra privileges and immunities for their consulate officials at their Consulates in Calcutta, Mumbai, Chennai and Hyderabad, approvals for extra staffing, including the deputation of short-term "extra staff" for deployment in the Embassy which are usually extended repeatedly and become regular one to two year postings effectively. There was no immediate response from the US Embassy here in this regard.

 

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Enforcing strict reciprocity, Indian government has withdrawn extra privilges enjoyed by American Ambassador Nancy Powell and other diplomats such as special access at Indian airports. While the government is awaiting American response, information available indicates that Indian staff like cooks and drivers were being paid between Rs 12000-15000 which is equivalent to USD 200-250, way below the minimum wage of USD 9.47 per hour applicable in New York or in any other US city.


Thus, American diplomats would be in violation of US law of minimum wages since their residences as well as the embassy and consulates are treated as American territory. Even if they provide legal justifications and claim exemption from US laws for the salaries being paid to Indian employees, the public disclosure of such payment practices by US Embassy and diplomats in their personal capacities is likely to deeply embarrass the US. The US insists on high hourly wages for Indian diplomats employing maids but pays much lower salaries to Indians being employed by its own Embassy and diplomats in India for similar work. There was no immediate response from the US Embassy when contacted by PTI.

 

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The Khobragade case is not about hurt national pride. There is a principle at stake here, and that makes New Delhi’s rare display of spine a welcome sight.
New documents released by India show Dr. Khobragade had complete immunity from prosecution of arrest, the consequence of her accreditation to the United Nations on temporary duty. However, the U.S. State Department could reasonably argue it was unaware of this — even India’s External Affairs Ministry only awoke to this circumstance many days after her arrest.


Even if Dr. Khobragade was only India’s acting consul-general, she would have still have enjoyed substantial protections against arrest under the 1963 Vienna Convention on Consular Relations. Article 41 says “consular officials shall not be liable to arrest or detention pending trial, except in the case of a grave crime ….” It also stipulates that they “shall not be committed to prison or be liable to any other form of restriction on their personal freedom save in execution of a judicial decision of final effect.”
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The larger challenge, though, is before the U.S.: it has the choice to do the right thing and admit wrongdoing. To remain recalcitrant, as it has been, is to contribute to the slow unravelling of an international convention that keeps its own diplomats safe, every single day.
Why diplomatic immunity matters - The Hindu

 

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India's unusual tough stand on the arrest of its diplomat Devyani Khobragade has forced the US to initiate an "inter-agency review" to look into the lapses that happened in the high-profile case that triggered an uproar in India and strained bilateral ties.
The US departments involved in the review include the National Security Council of the White House, the State Department and the Justice Department. "An inter-agency review is going on right now to look into the lapses that happened in the case," sources said.
In a tacit acknowledgement of the fact that there was a "judgemental error" in handling this case, sources said the inter-agency team led by the State Department is "working 24X7" to get it resolved as quickly as possible.
Devyani case: Strong Indian response shocks US officials

 

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