Interesting report out of the US Government Accounting Office. The GAO was asked by Congress to take a look at the incidence of abuse of domestic workers by members of international diplomatic staffs assigned to the US, either as representatives to the US or as members of international organizations in the US. The report, a 50-page PDF document, notes that there is indeed abuse though the exact numbers are hard to identify. It did identify 42 individuals claiming abuse that falls under the ‘trafficking in persons’ laws but notes that this is probably too low a figure.

Diplomats hold different levels of ‘diplomatic immunity’ according to their job titles, presence on the Diplomatic List, as well as bilateral agreements with the US. This complicates the ability to investigate allegations by law enforcement or other governmental agencies. Further, the threat of retaliation may well inhibit employees from pursuing legitimate claims of abuse.

The report notes that while the US Dept. of Justice and State Dept. generally work well together, it often takes a long time for State to provide legal guidance on just what investigative practices are permitted under the various treaties governing diplomatic immunity.

The report looked at four countries with high numbers of domestic employees being given visas to accompany their employers to the US: Philippines, Saudi Arabia, Peru, Qatar. Surprisingly, the Philippines has the larges number of such employees, representing 10% of the global total. Saudi Arabia had just under 2.8%, Peru 5.3%, and Qatar 2%.

The report found, additionally, that US Consular Officers did not fully and uniformly understand or comply with regulations governing the issuance of A-3 or G-5 visas for domestic employees of embassy or international organizations respectively. The report lists the items required to be included in employment contracts for these employees:

• a guarantee that the employee will be compensated at the state or federal minimum wage or prevailing wage, whichever is greater;
• a statement by the employee that he or she will not accept any other employment while working for the employer;
• a statement by the employer that he or she will not withhold the passport of the employee; and
• a statement indicating that both parties understand that the employee cannot be required to remain on the premises after working hours without compensation.

The report concludes with recommendation for both State and Justice aimed at providing better protection of domestic workers employed by foreign diplomats in the US, as well as appendices that list the various types of diplomatic immunity and responses from State and Justice to the report.

You can read or download the entire report:

U.S. Government’s Efforts to Address Alleged Abuse of Household Workers by Foreign Diplomats with Immunity Could Be Strengthened