The Foreign Service Journal, June 2012

28 F O R E I G N S E R V I C E J O U R N A L / J U N E 2 0 1 2 over embassy operations. However, it is not clear how such a policy would apply to an international employee associ- ation that might eventually have its headquarters in the United States and be governed in full accordance with U.S. law. Furthermore, to describe IFSA as a union overstates the aims of the organization at this stage. It has not sought collective bargaining or benefits negotiations. Instead, its proposals are focused on transparency and dialogue; for example, by convening a regular conference of LES dele- gates in Washington. In an effort to keep communications open, IFSA has applied for Employee Affinity Group status. It should be possible to define and structure a global LES association in a way that enables recognition by and collaboration with the Department of State. The letter from Deputy Assistant Secretary Man- zanares contained a second piece of bad news: rejection of the creation of an ombudsman’s office for LES. “Chief-of-mission authority, based on U.S. congressional law and annual instructions from the U.S. president, gives the chief of mission full responsibility for the direction, co- ordination and supervision of all U.S. government executive branch employees, including foreign nationals. These are historic and longstanding principles of international diplo- macy. This is also why a previous OIG recommendation to create an ombudsman for LE staff was determined to be in violation of chief-of-mission authority.” LES were shocked by this outcome. COM authority has not prevented their colleagues in the Foreign and Civil Service from being able to access a system of justice and appeals in Washington, D.C. Nor should “historic and longstanding principles” be allowed to stand in the way of the U.S. government’s ability to reform internal practices that are out of date and fail to conform with its own publicly stated objectives on open government and fair global labor practices. Whether on simple issues of fairness or broader is- sues of discrimination and other basic rights, the inter- nal and external legal remedies open to LES employees are unclear. As the OIG pointed out, LES rights may be specified in existing U.S. law, regulations, local com- pensation plans and staff handbooks, or in local labor laws and prevailing practices. This lack of clarity is in itself an obstacle to attain- ment of due process. IFSA’s board is particularly con- cerned by reports that some embassies are evoking “diplomatic immunity” when labor disputes are brought before local courts or arbitration panels. The State Department’s approach to labor relations with Locally Employed Staff has fallen behind the stan- dards of other international employers, and appears dis- connected from the government’s own international policies. The United States supports many international declarations and agreements that uphold the right of workers to organize, underscore the importance of social dialogue and affirm access to systems of internal justice and judicial due process. In 2008, for example, the United States led the way in strongly supporting important management reforms at F OCUS For Further Reference • IFSA’s First Letter to Director General Nancy Powell — Nov. 25, 2009 www.ifsanet.org/wp-content/uploads/2010/02/ifsaletter.pdf • Second Letter to Director General Powell — June 11, 2010 www.ifsanet.org/wp-content/uploads/2010/06/IFSA_letter_061110-1.pdf • State Department Response, Sept. 20, 2010 www.ifsanet.org/state-department-does-not-wish-to-recognize-ifsa/ • OIG Report on the Bureau of Human Resources: Report Number ISP-I-07-16, May 2007 http://oig.state.gov/documents/organization/121799.pdf • Review of Locally Employed Staff Compensation Issues: Report Number ISP-I-09-44, April 2009 http://oig.state.gov/documents/organization/123525.pdf • Resolution adopted by the General Assembly: Administration of Justice at the United Nations www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/CAC%20A62%20228.pdf