MERCY CORPS UNDER SCRUTINY FROM TAJIK JUSTICE MINISTRY

C O N F I D E N T I A L SECTION 01 OF 02 DUSHANBE 001628

SIPDIS

SIPDIS

NSC FOR MERKEL;

E.O. 12958: DECL: 8/31/2016
TAGS: PREL PGOV PHUM EAID KDEM TI
SUBJECT: MERCY CORPS UNDER SCRUTINY FROM TAJIK JUSTICE MINISTRY


CLASSIFIED BY: Tom Hushek, Charge d'Affaires, U.S. Embassy,
Dushanbe, State.
REASON: 1.4 (b),(d)

1. (C) SUMMARY: Tajik authorities, reacting to a secret poison
pen letter to the Ministry of Justice from disgruntled Mercy
Corps local staff, threatened to deport a Mercy Corps expat
unless the Embassy intervened to correct the situation. Mercy
Corps conducted an internal investigation, and found no evidence
of illegal activity or human rights violations, as alleged by
the 12 Mercy Corps employees who signed the letter. This
situation provides a pretext for the Ministry of Justice to
needle a U.S.-funded NGO and demonstrates once again that
Tajikistan still has not shed its Soviet practices or mind-set.
The Embassy urged the MFA to take actions based on Tajik law,
rather than respond to unsubstantiated allegations, and to
resist the temptation to use strong arm tactics against NGOs.
END SUMMARY




2. (C) Director of the Department of International
Organizations Nuriddin Shamsov summoned Charge to his MFA office
August 29 for a matter "the Foreign Minister wanted resolved
quickly." Shamsov opened the meeting by explaining profusely
Tajikistan's appreciation for all the assistance USG-funded NGOs
have provided over the past 15 years. "We value and respect
their selfless work," he gushed. However, the MoJ received a
"collective complaint" against Mercy Corps' Finance Manager Maia
Laitadze, a Georgian citizen, and had requested the MFA involve
the U.S. Embassy in the matter. The letter to the MoJ signed by
12 Mercy Corps employees alleges Laitadze "humiliated local
staff" and "spoke in offensive terms about the Tajik people."
Shamsov was quick to emphasize this was an insolated incident
which in no way affected U.S.-Tajik bilateral relations.
Shamsov hoped the Embassy would encourage Mercy Corps to resolve
the situation quickly.




3. (C) Charge asked whether any laws had been broken. Shamsov
said he could not comment, but offered that it was uncomfortable
to know that a "foreigner" was behaving in such a manner. "It
has an unwanted effect," he suggested. Charge noted that he was
familiar with the case, and suggested both sides needed to act
in accordance with Tajik law. However, rather than
investigating an alleged violation of laws, the MoJ appears to
be using the letter as an excuse to threaten Mercy Corps with a
deportation. He noted that when the Embassy receives such
"poison pen" letters, we look into the allegations but would
never take disciplinary action based on anonymous or
uncorroborated complaints, or complaints that purposely
circumvent established channels. He also noted that the Embassy
insists that U.S.-funded NGOs strictly enforce all accounting
rules, and that as a result, NGO financial managers may not
always be popular with their local staff. Charge also pointed
out that the MoJ's reaction to the complaint against Mercy Corps
is not an isolated incident, but appears to be a tendency by
some government agencies to put pressure on foreign NGOs. He
noted the case of NDI, where multiple expatriate directors had
been forced to leave Tajikistan under varying froms of pressure
from Tajik authorities.




3. (C) Shamsov declined to share the MoJ's letter to the MFA,
noting it was an internal document, but did confirm the MoJ had
no intention of conducting an investigation of the charges. The
responsibility lay with Mercy Corps to resolve the internal
situation. He noted the MoJ demanded Mercy Corps sever
Laitadze's contract; otherwise, the MoJ "in accordance with its
responsibilities" may initiate deportation. Charge reiterated
that if no laws were violated, Mercy Corps could not be expected
to dismiss an employee for hurting feelings. Shamsov noted he
understood our position, and again stressed the case should not

DUSHANBE 00001628 002 OF 002


impact bilateral relations.




4. (C) Patricia Kennedy, incoming Mercy Corps director and
Brandy Westerman, acting Mercy Corps director briefed Charge and
USAID officials August 24 about the case. (NOTE: Mercy Corps
received USAID funding for conflict resolution, health and
education programs and food aid, and has operated in Tajikistan
for more than 10 years. END NOTE.) According to Westerman, the
employees wrote directly to the MoJ without informing Mercy
Corps management, thus circumventing Mercy Corps' internal
grievance policy. Furthermore, the letter of complaint used
identical language to a letter sent to the Ministry of Justice
in 2005, complaining about a different Mercy Corps expatriate
manager. Westerman and Kennedy suggested Laitadze may have
tightened financial controls, thus rankling employees who
benefited from looser procedures.




5. (C) Mercy Corps conducted an internal review August 25, in
which they determined while Laitadze used a brusque
interpersonal communication style which may have caused some
staff to feel uncomfortable approaching her, there were no
"illegal actions or violations of rights of staff members."
Westerman sent a letter to the MoJ apprising them of the
investigation August 28. She reported that although some
internal management and training issues would be addressed,
Laitadze's case was an internal matter that should not have been
brought to the attention of the ministry.




6. (C) COMMENT: Regardless of whether Laitadze behaved in an
unprofessional manner or violated a law, the response of the
Ministry of Justice, and even the MFA, to a single, secret,
uninvestigated complaint is deeply troubling. Their presumption
of Laitadze's guilt seems based on hurt national pride, or
possible prejudice against Georgians, rather than any facts or
evidence. This case sheds light on Tajik attitudes toward NGOs.
Even Shamsov who has worked closely with NGOs for years does
not quite understand the "non" in non-governmental organization,
and views civil society NGOs such as Mercy Corps entirely as
agents of the U.S. Government. MoJ's eagerness to seize on this
latest pretext suggests that MoJ is less interested in justice
or following Tajikistan's own laws, and keener on putting the
screws to a U.S. NGO. This is also not the first case of
pressure directed specifically against non-U.S. citizen
expatriate staff, which might indicate the authorities think the
Embassy will find such NGO staff more expendable. For all the
talk of welcoming and appreciating U.S. assistance, our
implementing partners in the NGO community don't always
experience Tajik hospitality at its finest. END COMMENT.
HUSHEK