Author: QuenbyWilcox

Letter to White House – President Obama 3/4/13

Posted on June 5, 2014June 8, 2014 by QuenbyWilcox

THE RHETORIC

This is How First Lady Obama Celebrates Mothers Day

WHILE, MOTHERS OF LOST CHILDREN FROM ACROSS THE USA GATHER IN FRONT OF THE WHITE HOUSE PLEADING FOR HER ASSISTANCE IN PROTECTING THEIR CHILDREN FROM GOVERNMENT SANCTIONED RAPE, TORTURE AND MURDER

The Mother’s day demonstration was inspired by the Argentinean Madres de Plaza de Mayo and the disappearance of their children between 1976 and 1983. The silencing of mothers by the courts in the USA, Europe and Australia is fundamentally no different than the silencing of victims and dissenters under the ‘Dirty War’ regime, the Pinochet regime, the Franco regime, the Hitler regime….. The list goes on throughout history.

In North America, Europe, and Australia alone, an est. 200,000 children each year are handed over to abusers by the courts — meaning that at present 2-4 million children are suffering court-sanctioned physical and sexual abuse; and globally the numbers are in tens of millions. The rape, torture, and murder of these children is perhaps not ‘ordered’ by government authorities, however, they are sanctioned by them.

THESE ARE CRIMES AGAINST HUMANITY, AND THE MOST HEINOUS OF HUMAN RIGHTS VIOLATIONS AS THE VICTIMS ARE HELPLESS CHILDREN. GOVERNMENT INACTION IS INEXCUSABLE AND UNACCEPTABLE, AND AFFECT US ALL!

March 4, 2013

RE: Domestic abuse as a human rights violation, and a State’s obligation to protect

Dear President Obama,

The US government and US State Department are continually espousing their commitment to combating and ending violence and discrimination against women, promoting democratic principles worldwide, and protecting human rights and labor rights around the world.[i] [ii] However, when it comes to American women living overseas and the US State Department, Consular Affairs Division’s day-to-day operations, the rhetoric does not translate into reality.

As so many advocates, I have become aware of and involved in the issues due to my own personal experience as a victim of domestic abuse, and re-victimization by the very judicial systems (in Spain) which have a duty and obligation under international human rights law to protect me and my children.[1]

The US State Department estimates that 5.25 million Americans reside abroad, with 650,000 women and children at risk of becoming victims of domestic abuse and violence.[2] In 2012 the American Overseas Domestic Violence Crisis Center (AODVC – www.866uswomen.org) handled 3005 crisis calls, emails & live chats directly from, or on behalf of 547 victims (544 females, 3 males) in 57 countries (UK, Canada, Costa Rica, Turkey, Russia, UAE, Germany, Pakistan, Switzerland, Croatia, being the most frequent.) Ninety-nine of these cases were affected by the Hague Convention on International Child Abduction, which represents 29% of incoming Hague abduction cases handled by the Office of Child’s Issues of the US State Department in 2012. At year-end of 2012 AODVC was handling 124 on-going cases.

As reported by the Hague Convention Domestic Violence Project (www.haguedv.org/reports) 70% of women involved in international child abduction cases under the Hague Convention are fleeing domestic abuse and the failure of judicial systems to protect them and their children. Abbott vs. Abbott (2010) (www.supremecourt.gov/opinions/09pdf/08-645.pdf) brought these issues to the attention of the US Supreme Court.

Between 2010-2012 the Office of Child’s Issues, Consular Division of the US State Department handled 890 incoming Hague Convention on international child abduction cases, with up to 70%, or 623 cases,[3] potentially involving a protective parent fleeing domestic abuse and a Receiving State’s failure to protect. While I have been unable to obtain figures from the US State Department on the annual budget for the Office of Child’s Issues, the 2012 budget for “Strengthening Consular and Management Capabilities”was $3.75 billion.[4] Effectively, millions of dollars per year of the Consular Affairs Division’s budget (US taxpayer money) are used in supporting the on-going abuse of thousands of Americans,[5] while none of their resources are being used to assist the victims.

Abusers are well aware of the criminal implications, the stringent sanctions, and incarceration of those who resort to international child abduction, and are freely and frequently using the Hague Convention as a tool to intimidate and abuse their victims. They do so knowing full well that victims will not be assisted by Receiving State’s judicial and law enforcement systems, nor will they be assisted by Sending State’s Consulates, consular affairs division in Sending State’s headquarters, or Sending State’s judicial system, which are plagued by the same “failure to protect” due to the same “lack of diligence” as in the Receiving State.

In my own case not only did my ex-husband repeatedly assure me from the onset that I would be left penniless and incarcerated (prison or psychiatric facility); claiming that all “had been planned.” At the time, I thought his contention was just another example of his schizophrenic, hallucinatory state. But, statistics and documented testimonies show that this is an increasing phenomenon amongst victims of domestic abuse. In my own case all of my assets were illegally misappropriated by the courts and the negligence of my legal counsel, with my incarceration a very real possibility on several occasions.

Then, when I confronted my lawyers (recommended on the American Embassy website) with their overt negligent actions and the violation of my rights, I was always told “Lady, we do this all the time. Who are you going to tell?” And, effectively my petitions to the Defensor del Pueblo, Consejo General del Poder Judicial and Instituto de Mujer for an investigation into my case and allegations were totally ignored, even though the professional and criminal negligence of implicated parties is well detailed, documented, and argued (posted on http://worldpulse.com/node/52011 and http://worldpulse.com/node/50602, respectively.)

The culture of “laissez faire” and silencing of victims, apathy of law enforcement and judicial actors towards the plight of victims, failure of judicial regulatory agencies to diligently investigate complaints & sanction infractions of judicial actors, coupled with consular affairs representatives’ non-compliance with art. 5, 36, 37 & 38 of the Convention on Consular Relations and FAM guidelines (victims of crimes/domestic abuse), inter alia, provide the motive, opportunity, and means for abusers to utilize judicial systems and government institutions to freely and overtly continue abusing and harassing their victims.[6]

Of additional importance for the US government and White House, as my particular case demonstrates, is how American entrepreneurs in their business dealings abroad are open to corruption and discrimination in foreign courts. And, how the lack of due diligence by, and apathy of, US State Department officials permit unfair trade practices and misappropriation of American assets by foreign courts.

As the American Consulate in Madrid has been aware from the beginning of my case, the escalation of violence and threats upon my life by my ex-husband were caused by my desire and efforts to provide financial independence for me and my children. My company, Global Expats (www.global-xpats.com) is modeled after the Federation of American Women’s Clubs Overseas (FAWCO), but is a revenue-generating entity which remunerates its trailing spouse managers and employees, as well as assistants them in career maintenance and entrepreneurial efforts. Revenues are generated from a networking/local search-city guide global website with estimate lost opportunity costs of over $200 million (see enclosed.)

The disinterest and negligence of the American Consulate in Madrid and US State Department, Office of American Citizen Services and Crisis Management in Washington, DC in the past 6 years, has not only been responsibility for millions of dollars in lost revenues of my company, but has prevented the creation of hundreds of jobs of American women living abroad.

International organizations such as the IMF,[7] World Bank,[8] and United Nations[9] are increasingly examining the link between corruption and the present economic crisis. My case provides a perfect case-study on how and why widespread corruption in the courts impedes economic growth and entrepreneurial development, and the role negligent governance by regulatory agencies is playing in promoting judicial corruption.[10]

In order to effectively protect and promote the interests of Americans living abroad, it is imperative that American Embassies and Consulates abroad comply with the guidelines in U.S. Department of State Foreign Affairs Manual Volume 7 – Consular Affairs (FAM), and utilize their prerogatives provided for in art. 5, 36, 37 & 38 of the Convention of Consular Affairs, and other international treaties, in assuring due process and respect for the rights of American citizens in foreign jurisdictions.

I hope by bringing these issues to the attention of the White House, your administration will take positive action in assuring that the US State Department reassess their policy of non-compliance with FAM, the Convention on Consular Affairs, and other international treaties which provide them with the power and authority to promote and defend the interests and rights of Americans living abroad.

I thank you in advance for your time and consideration. Please feel free to contact me at Quenby@global-xpats.com or (202) 213-4911 with any questions or requests for additional information.

Sincerely,

Quenby Wilcox

Founder – Global Expats

www.global-xpats.com

quenby@global-xpats.com

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cc[11]: US Secretary of State John Kerry, US State Department

Ambassador Janice L. Jacobs, Assistant Secretary, Consular Affairs, US State Department

Jim D. Pettit, Deputy Assistant Secretary, Overseas Citizens Services, US State Department

Michael H. Posner, Assistant Secretary, Bureau of Democracy, Human Rights and Labor, US State Department

Stephen J. Rapp, Ambassador-at-Large, Office of Global Criminal Justice, US State Department

Beth Van Schaack, Deputy, Office of Global Criminal Justice, US State Department

Joyce Namde, European Division Director, Office of American Citizen Services and Crisis Management

Joanne Hunter, Office of American Citizen Services and Crisis Management

Ambassador Alan D. Solomont, Embassy of the United States Spain

Peggy Gennatiempo, General Consul, Embassy of the United States Spain

—————————————

[1] All documents pertaining to my case are posted on http://worldpulse.com/user/2759/journal

[2] Extrapolated from estimates in Women and Health: Today’s Evidence Tomorrow’s Agenda, World Health Organization 2009, p. 56.

[3] The Office of Child’s Issues does not compile or retain gender statistics in its reporting of incoming or outgoing cases. Therefore, I have used the common and repeatedly reported rate of 70% for “State failure to protect” (Amnesty International, American State Bar Associations, inter alia)

[4] Consolidating Schedule of Net Costs, US Department of State Fiscal Year 2012 Agency Financial Report, p. 116

[5] Each year the Office of Child’s Issues deals with an average of 300 incoming cases with abused children, which are then condemned to living with the abusive parent for 10-16 years +. (My own children are 19 and 21, but until they are financially self-sufficient, or until I am financially solvent, they cannot defy their father’s order to have no contact with me.)

[6] The traditions and customs that for centuries have been used to silence dissent against government abuses of power are being used to silence the dissent of women and children who defy and denounce the abuses of power within the home.

[7] Factsheet – The IMF and Good Governance (www.imf.org/external/np/exr/facts/gov.htm), Improving Governance and Fighting Corruption (www.imf.org/external/pubs/ft/issues/issues21/index.htm), Corruption and Development (http://www.imf.org/external/pubs/ft/fandd/1998/03/pdf/gray.pdf), Roads to Nowhere: How Corruption in Public Investment Hurts Growth (http://www.imf.org/external/pubs/ft/issues12/index.htm), Economic Issues No. 6 — Why Worry About Corruption? – IMF (www.imf.org/external/pubs/ft/issues6/index.htm)

[9] Corruption and the Global Economy (http://mirror.undp.org/magnet/Docs/efa/corruption/Chapter02.pdf), The Cost of Corruption (www.un.org/events/10thcongress/2088b.htm), Organized Crime – United Nations Office on Drugs and Crime (www.unodc.org/unodc/en/organized–crime/index.html), United Nations Convention against Corruption (http://www.unodc.org/unodc/en/treaties/CAC/), Struggle against Organized Crime, Corruption, Drug Trafficking (www.un.org/News/Press/docs/2010/gashc3975.doc.htm), Fighting Transnational Organized Crime – the United Nations (www.un.org/events/10thcongress/2088f.htm), The study to examine the links between organised Crime and Corruption (http://ec.europa.eu/)

[10] The importance of the role that government agencies play in assuring transparency, integrity and accountability of the industry it regulates is clearly demonstrated in Governance of Financial Supervisors and its Effects – A Stocktaking Exercise by Marc Quintyn http://ideas.repec.org/b/erf/erfstu/47.html.

[11] Posted on http://worldpulse.com/node/64031

[i]US State Department »Under Secretary for Civilian Security, Democracy, and Human Rights »

Bureau of Democracy, Human Rights, and Labor » Human Right

www.state.gov/j/drl/hr/index.htm

The protection of fundamental human rights was a foundation stone in the establishment of the United States over 200 years ago. Since then, a central goal of U.S. foreign policy has been the promotion of respect for human rights, as embodied in theUniversal Declaration of Human Rights.The United States understands that the existence of human rights helps secure the peace, deter aggression, promote the rule of law, combat crime and corruption, strengthen democracies, and prevent humanitarian crises.

Because the promotion of human rights is an important national interest, the United States seeks to:

Hold governments accountable to their obligations under universal human rights norms and international human rights instruments;
Promote greater respect for human rights, including freedom from torture, freedom of expression, press freedom, women’s rights, children’s rights, and the protection of minorities;
Promote the rule of law, seek accountability, and change cultures of impunity;
Assist efforts to reform and strengthen the institutional capacity of the Office of the UN High Commissioner for Human Rights and the UN Commission on Human Rights; and
Coordinate human rights activities with important allies, including the EU, and regional organizations.

The Bureau of Democracy, Human Rights, and Labor (DRL) applies three key principles to its work on human rights:

DRL strives to learn the truth and state the facts in all of its human rights investigations, reports on country conditions, speeches and votes in the UN, and asylum profiles
DRL takes consistent positions concerning past, present, and future abuses. With regard to past abuses, it actively promotes accountability.
DRL forges and maintains partnerships with organizations, governments, and multilateral institutions committed to human right. [i]

U.S. Human Rights Commitments and Pledges

Bureau of Democracy, Human Rights, and Labor

Washington, DC – April 16, 2009

www.state.gov/j/drl/rls/fs/2009/121764.htm

We are dedicated to combating both overt and subtle forms of racism and discrimination internationally. The United States is party to the International Covenant on the Elimination of All Forms of Racial Discrimination, and is committed to seeing the goals of this covenant fully realized. Particular emphasis should be placed not only on eliminating any remaining legal barriers to equality, but also on confronting the reality of continuing discrimination and inequality within institutions and societies.

Patrick F. Kennedy, Under Secretary for Management, US State Department,

Statement to the Senate Committee on the Judiciary

Advantages to the USA in complying with the

Convention of Consular Affairs in their assistance to American’s living abroad

The protection of U.S. citizens abroad ranks among the Secretary’s and the Department’s absolute highest priorities
Without guaranteed consular assistance, Americans cannot travel the world freely, safely, and with peace of mind
When a U.S. citizen finds him or herself in a foreign government’s custody, a consular officer is often the best, and sometimes only, resource that citizen has as he or she navigates a foreign legal system
We find these services especially critical in countries that do not respect due process of law and fundamental rights
Ensuring compliance with our legal obligations is essential to our foreign relations and close bilateral relationships
Our treaties are critical to protecting U.S. sovereign interests… facilitate our businesses’ international economic relationships.
Chief Justice Roberts’ opinion for the Court recognized that judgment as a binding international legal obligation, and agreed that the United States’ interests in observance of the Vienna Convention, in protecting relations with foreign governments, and in demonstrating commitment to the international rule of law through compliance with that judgment were ―plainly compelling

United States Strategy to Prevent and Respond to Gender-based Violence Globally

“We also know that countries are more likely to prosper when they tap the talents of all their people. And that’s why we’re investing in the health, education and rights of women, and working to empower the next generation of women entrepreneurs and leaders. Because when mothers and daughters have access to opportunity, that’s when economies grow, that’s when governance improves.” – President Barack Obama, Remarks at the Millennium Development Goals Summit, United Nations Headquarters, New York, New York, September 22, 2010

“Around the globe, violence against women is an epidemic. Violence robs women and girls of their full potential and causes untold human suffering. Violence against women impedes economic development, threatens peace and prosperity, and inhibits full participation in civic life. For every woman who has been beaten in her own home, for the millions of women who have been raped as a weapon of war, for every girl who has been attacked on her way to school, for all of the children–girls and boys–who have witnessed this brutality, we must do better.” – Vice President Joe Biden, Statement on the Anniversary of the International Day for the Elimination of Violence Against Women, November 24, 2010

“It is time for all of us to assume our responsibility to go beyond condemning this behavior, to taking concrete steps to end it, to make it sociably unacceptable, to recognize it is not cultural; it is criminal.” – Secretary of State Hillary Clinton, Remarks on the Adoption of a United Nations Security Council Resolution to Combat Sexual Violence in Armed Conflict, United Nations Headquarters, New York, New York, September 30, 2009

[ii] Mechanisms to Prevent and Respond to Gender-based Violence

www.state.gov/documents/organization/196468.pdf

The Department of State will employ various mechanisms to ensure a coordinated process for enhanced intra- and inter-agency coordination on addressing gender-based violence. The mechanisms outlined below mirror the framework detailed in the Secretary’s Policy Guidance on Promoting Gender Equality, and will be integrated across existing coordinating bodies on gender issues, both in Washington and within embassies and missions.

Strategic and Budget Planning

Under the Secretary’s Policy Guidance, relevant Department of State bureaus and embassies will develop strategies to promote gender equality and advance the status of women and girls across geographic regions and functional bureaus. Bureau and country strategies to address gender issues will be developed as part of the Department of State’s ongoing strategic planning and budgeting process. Strategies will be grounded in analysis of existing inequalities and focused on action items that the Department and embassies can advance in both near-term and longer-term timeframes. To implement the strategy on gender-based violence, the Department of State will:

Review relevant functional bureau strategic plans to ensure that gender-based violence is adequately addressed; and

Request that relevant regional bureaus and embassies include specific gender-based violence issues within their strategic plans, as applicable to specific country or regional contexts.

Guided by newly-revised definitions and guidance to bureaus and embassies, current budget processes have been strengthened to more accurately represent budget levels for the following Key Issue areas: gender equality/women’s empowerment (both primary and secondary attribution), gender-based violence, and women, peace, and security. The process informs the annual Congressional Budget Justification in these critical areas and serves to advance gender equality through both direct and integrated approaches. United States Strategy to Prevent and Respond to Gender-based Violence Globally 31

Policy and Programming

Embassies and bureaus will strive to ensure that the full range of U.S. policy and assistance programming identifies and addresses existing gender disparities, capitalizes on the unique skills and contributions of women and girls, and is accessible and responsive to ongoing challenges confronted by women and girls. In order to further this agenda on issues specific to gender-based violence, the Department of State will: Establish an intra-agency working group, consisting of representatives from a wide range of bureaus and offices across the Department, to assist in internal coordination and integration of gender-based violence prevention and response in Department programming and policies.

The working group will share information and establish priorities, as well as coordinate existing policies and programs to eliminate gaps and effectively maximize existing resources.

Through existing policy and diplomatic mechanisms and programming, including the Secretary’s International Fund for Women and Girls and S/GWI, the Department of State will: Advocate for development and implementation of laws and policies in other countries to monitor, prevent, and respond to gender-based violence. This includes work to strengthen institutions and support partner governments’ efforts to develop appropriate legislation, harmonize laws and other provisions in the legal code, develop action plans for implementation, and help train oversight of and advocacy for implementation of the laws; Support capacity-building of and outreach to civil society, including the media, criminal justice sector, and health providers; Support civil society and community-level approaches to change behaviors and attitudes concerning violence and to facilitate discussion among families, community organizations, and religious, traditional, and other community leaders around human rights and gender-based violence, and effective ways to address these issues. Through these community level approaches, the Department will aim to target and engage:

• Men and boys;

• Female leaders and women’s groups;

• Religious, faith-based, and community leaders; and

• Youth

Build off existing platforms (GHI, PEPFAR, etc.) and scale up programs that have been found effective, contingent on resources. This could include programs that integrate screening of and response to gender-based violence into health service delivery programs, as well as psychosocial support where feasible; or programs that require health and life skills programming for adolescent and pre-adolescent girls and boys, for example to address sexual coercion and abuse and promote elements of healthy relationships; Establish multi-sector linkages regarding violence prevention and response programs, with particular attention to the legal/judicial system and the education and economic sectors; and Address the causes, including root causes, of gender-based violence, especially violence against women and girls. This includes reducing barriers between women and men and girls and boys in economic, political, and civic arenas and implementing initiatives that protect human rights and raise societies’ respect and value for all women and girls, including inclusive education and economic empowerment opportunities.

Letter to State Dept – Under Secretary Patrick Kennedy – 3/15/13

Posted on June 5, 2014June 8, 2014 by QuenbyWilcox

The rhetoric of Under Secretary Kennedy of the US Department of State belies the reality of the failure of Consulates to utilize the Convention of Consular Relations to protect the rights and interests of Americans living abroad

IT IS TIME FOR THE US DEPARTMENT OF STATE

TO TRANSFORM RHETORIC TO REALITY!

July 27, 2011: Statement by Under Secretary for Management Patrick Kennedy before the Senate Committee on the Judiciary

For full text of Under Sec. Kennedy’s statement go to http://www.state.gov/m/rls/remarks/2011/169182.htm

March 15, 2013

RE: Domestic abuse as a human rights violation, and a State’s obligation to protect (Gonzales vs. USA, 2011)

Dear Mr. Under Secretary,

The US State Department estimates that 5.25 million Americans reside abroad, with 650,000 women and children at risk of becoming victims of domestic abuse and violence.[1] In 2012 the American Overseas Domestic Violence Crisis Center (AODVC – www.866uswomen.org) handled 3005 crisis calls, emails & live chats directly from, or on behalf of 547 victims (544 females, 3 males) in 57 countries (UK, Canada, Costa Rica, Turkey, Russia, UAE, Germany, Pakistan, Switzerland, Croatia, being the most frequent.) Ninety-nine of these cases were affected by the Hague Convention on International Child Abduction, which represents 29% of incoming Hague abduction cases handled by the Office of Child’s Issues of the US State Department in 2012. At year-end of 2012 AODVC was handling 124 on-going cases.

As reported by the Hague Convention Domestic Violence Project (www.haguedv.org/reports,) 70% of women involved in international child abduction cases under the Hague Convention are fleeing domestic abuse and the failure of judicial systems to protect them and their children. Abbott vs. Abbott (2010) (www.supremecourt.gov/opinions/09pdf/08-645.pdf) brought these issues to the attention of the US Supreme Court.

Between 2010-2012 the Office of Child’s Issues, Consular Division of the US State Department handled 890 incoming Hague Convention on international child abduction cases, with up to 70%, or 623 cases,[2] potentially involving a protective parent fleeing domestic abuse and a Receiving State’s failure to protect. While I have been unable to obtain figures from the US State Department on the annual budget for the Office of Child’s Issues, the 2012 budget for “Strengthening Consular and Management Capabilities”was $3.75 billion.[3] Effectively, millions of dollars per year of the Consular Affairs Division’s budget are used in supporting the on-going abuse of thousands of Americans,[4] while none of their resources are being used to assist the victims. (Please see enclosed my most recent correspondence to Ms. Joyce Namde, European Division Chief, Office of Americn Citizens Services and Crisis Management, as well as all other previous correspondence with US State Department officials and representatives.)

Even though there is a clear obligation to protect under human rights law (Gonzales vs. USA, 2011 Inter-American Commission on Human Rights, inter alia), US State Department personnel in Washington, DC and Consulates abroad continually contend that no such obligation or duty exists, with their refusal having been clearly documented and demonstrated in Gonzalez de Alcala vs. Wilcox during the past 6 years[5].

The U.S. Department of State Foreign Affairs Manual Volume 7 – Consular Affairs 1921, establishes the US State Department’s obligation and duty to assist Americans living abroad, in the following:

7 FAM 1920 CONSULAR OFFICER’S AUTHORITY AND RESPONSIBILITY TO VICTIMS OF SERIOUS CRIMES

(CT:CON-407; 06-29-2012) (Office of Origin: CA/OCS/L) 7 FAM 1921 AUTHORITIES (CT:CON-98; 12-13-2004)

a. State and Federal governments have enacted laws that specify the rights of crime victims and many states have amended their State constitutions to accord rights to victims.

b. Foreign governments have also recognized the unique problems experienced by victims of crime. See the non-binding U.N. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power adopted by General Assembly resolution 40/34 of November 29, 1985.

c. “ Consular authority to provide assistance to U.S. citizen victims of crime abroad and their families in the United States is derived from:

(1) Article 5 of the Vienna Convention on Consular Relations;

(2) 22 U.S.C. 1731 Protection of Naturalized Citizens Abroad;

(3) 22 U.S.C. 2715 Procedures Regarding Major Disasters and Incidents Abroad Affecting United States Citizens;

(4) 22 U.S.C. 2715a Provision of Information on Certain Violent Crimes Abroad to Victims and Victims’ Families;

(5) 22 U.S.C. 3904(1) Functions of Service;

(6) 22 CFR 71.1 Protection of Americans Abroad; and

(7) 22 CFR 71.6 Services for Distressed Americans.

The U.S. Department of State Foreign Affairs Manual Volume 7 – Consular Affairs also providesclear and specific guidelines and instructions with which employees of the US State Department may fulfill the obligation of the US government under international law. I cite the following:

7 FAM, 1922-1925 (Authority and Responsibility to Victims of Serious Crimes)
7 FAM, 1930-1932 (General Guidelines for Assisting Victims of Crimes/Domestic Violence)
7 FAM, 1910-1912 (Crime Victims Assistance)
7 FAM, 1920-1929 (Child Abuse or Neglect)
7 FAM, 1721-1723 (Child Abuse and Neglect Resources)
7 FAM, 1700-1719 (Safety and Protection of Minors/International Parental Child Abduction/ Hague Child Abduction Convention )
7 FAM, 900-913 (International Judicial Assistance)
7 FAM, 450-456 (Trials, Appeals, Sentences, Post Sentencing)[6]

In your statement before the Senate Judiciary Committee regarding the proposed Consular Notification Compliance Act, 2011 you stated that “the protection of U.S. citizens abroad ranks among the Secretary’s and the Department’s absolute highest priorities…Without guaranteed consular assistance, Americans cannot travel the world freely, safely, and with peace of mind, whether for tourism, business, education, family matters, military service, or countless other activities…We find these services especially critical in countries that do not respect due process of law and fundamental rights…

Ensuring compliance with our legal obligations is essential to our foreign relations and close bilateral relationships. Our treaties are critical to protecting U.S. sovereign interests…[and] facilitate our businesses’ international economic relationships.

Chief Justice Roberts’ opinion for the Court recognized that judgment as a binding international legal obligation, and agreed that the United States’ interests in observance of the Vienna Convention, in protecting relations with foreign governments, and in demonstrating commitment to the international rule of law through compliance with that judgment were ―plainly compelling.”

The Convention of Consular Relations is an essential and vital document and treaty, which provides governments with the authority and tools with which to protect the interests and rights of Americans living abroad. The fact that the US State Department and Obama administration support this Act, and encouraged Congress to pass it in 2011, is recognition of their commitment to assist Americans living abroad, particularly those involved with foreign judicial systems, and “detained in any manner”[7] in a foreign country.

In addition to the “detained in any manner” provision in art. 36, art. 5 of the Convention clearly and categorically provides the US State Department with the power and authority vis-à-vis a Receiving State’s legal framework to assist American victims of domestic abuse and violence residing in said country, while international law provides the obligation to assist and protect. I quote:

Power and Authority to Protect — Art. 5 – Consular functions consist in:

(a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;

(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons;

(i) subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests;

(j) transmitting judicial and extrajudicial documentsor executing letters rogatory or commissions to take evidence for the courts of the sending State in accordance with international agreements in force or, in the absence of such international agreements, in any other manner compatible with the laws and regulations of the receiving State;

(m) performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the international agreements in force between the sending State and the receiving State.”

In speeches and promises, US State Department officials are continually espousing their commitment to protecting and defending the interests of Americans living abroad. However, when victims of domestic abuse and violence solicit this assistance from Consulates abroad, reclaiming their rights, US State Department personnel refuse assistance under the contention that these cases are “private matters” and “civil disputes,” and that they are unable to intervene due to “sovereignty” issues. Under the principle of “contingent sovereignty” [8] and the “obligation to protect under the principle of due diligence,”[9] inter alia the Spanish judicial system does not enjoy, nor can they claim, the rights of sovereignty in relation to the violation of me and my children’s rights by State and non-State actors in judicial proceedings in Spain.

As stated by Stewart Patrick[10] “One of the striking developments of the past decade has been an erosion of this non-intervention norm and the rise of a nascent doctrine of “contingent sovereignty.” This school of thought holds that sovereign rights and immunities are not absolute. They depend on the observance of fundamental state obligations. These include the responsibility to protect the citizens of the state. When a regime … cannot prevent atrocities against [its people], it risks forfeiting its claim to non-intervention. In such circumstances, the responsibility to protect may devolve to the international community.”

In order to effectively protect and promote the interests of Americans living abroad, and fulfill the US government’s obligation to protect under international law, it is imperative that American Embassies and Consulates abroad comply with the guidelines in U.S. Department of State Foreign Affairs Manual Volume 7 – Consular Affairs (FAM), and utilize their prerogatives provided for in art. 5, 36, 37 & 38 of the Convention of Consular Affairs, and other international treaties, in assuring due process and respect for the rights of American citizens in foreign jurisdictions.

I hope by bringing these issues to your attention the US State Department will reassess their policy of non-compliance with FAM, the Convention on Consular Affairs, and other international treaties which provide them with the power and authority to promote and defend the interests and rights of Americans living abroad.

I thank you in advance for your time and consideration. Please feel free to contact me at Quenby@global-xpats.com or (202) 213-4911 with any questions or requests for additional information.

Sincerely,

Quenby Wilcox

Founder – Global Expats

www.global-xpats.com

quenby@global-xpats.com

——————————————————–

cc[11]: President Barak Obama, White House

Assistant Secretary, Consular Affairs Janice L. Jacobs, US State Department

Joyce Namde, European Division Director, Office of American Citizen Services and Crisis Management

Joanne Hunter, Office of American Citizen Services and Crisis Management

Deputy Assistant Secretary, Jim D. Pettit, Overseas Citizens Services, US State Department

Assistant Secretary, Michael H. Posner, Bureau of Democracy, Human Rights and Labor, US State Department

Ambassador-at-Large Stephen J. Rapp, Office of Global Criminal Justice, US State Department

Deputy, Beth Van Schaack, Office of Global Criminal Justice, US State Department

Ambassador Alan D. Solomont, Embassy of the United States Spain

General Consul Peggy Gennatiempo, Embassy of the United States Spain

[1] Extrapolated from estimates in Women and Health: Today’s Evidence Tomorrow’s Agenda, World Health Organization 2009, p. 56.

[2] The Office of Child’s Issues does not compile or retain gender statistics in its reporting of incoming or outgoing cases. Therefore, I have used the common and repeatedly reported rate of 70% for “State failure to protect” (Amnesty International, American State Bar Associations, inter alia)

[3] Consolidating Schedule of Net Costs, US Department of State Fiscal Year 2012 Agency Financial Report, p. 116

[4] Each year the Office of Child’s Issues deals with an average of 300 incoming cases with abused children, which are then condemned to living with the abusive parent for 10-16 years +. (My own children are 19 and 21, but until they are financially self-sufficient, or until I am financially solvent, they cannot defy their father’s order to have no contact with me.)

[5] Correpondence with US State Department official 2007 – present http://worldpulse.com/node/64031

[6] FAM 7 – US Department of State Foreign Affairs Manual, Vol. 7 – Consular Affairs – Victims of Crimes & Domestic Abuse – http://worldpulse.com/files/upload/2759/us_department_of_of_state_foreign_affairs_manual_v.pdf

[7] Art. 36 of the Convention on Consular Relations

[8] See correspondence with US State Department 2007-2013 posted on http://worldpulse.com/node/64031

[9] Gonzales vs. USA (2011) Inter-American Commission on Human Rights, inter alia

[10]The Role of the U.S. Government in Humanitarian Intervention, Stewart Patrick, Policy former Policy Planning Staff of the US Department of State, (and presently Senior Fellow and Director of the International Institutions and Global Governance Program) Remarks to the 43rd Annual International Affairs Symposium, The Suffering of Strangers: Global Humanitarian Intervention in a Turbulent World, Lewis and Clark College, Portland, Oregon, April 5, 2004 http://web.archive.org/web/20070614080910/http://www.state.gov/s/p/rem/31299.htm

[11] Posted on http://worldpulse.com/node/64031

Letter to State Dept. – Melanne Verveer 3/17/13

Posted on June 5, 2014June 8, 2014 by QuenbyWilcox

THE RHETORIC

Promoting & defending women’s rights in Afghanistan, Burma, Colombia, Guatemala, Saudi Arabia… gives the false impression that women’s rights in North America, Europe and Australia are protected & defended!

THE REALITY BELIES THE RHETORIC

March 17, 2013

Dear Ambassador Verveer (Ambassador-at-Large – Global Women’s Issues),

With the 57^th session of the Commission on the Status of Women convening this month, and the elimination and prevention of violence against women at its fore-front, I would like to take the opportunity to bring several issues to the attention of the Office of Global Women’s Issues.

Efforts of organizations and individuals across the globe in the past 40 years have done much to bring awareness to gender-based violence and discrimination against women in societies around the world, with initiatives focused on:

Passage of national legislation and international treaties
Creation of government and non-government organizations whose mission is to advance the rights of women and assist victims of domestic violence
Publically funded, awareness and publicity campaigns
Access to higher-education and work opportunities for women outside of the home
Access to reproductive health-care and contraceptives

However, what these initiatives fail to recognize or address are to what extent the deeply rooted and entrenched customs and traditions in a society sustain and encourage violence and abuses of power (visible and invisible) in the community.

These initiatives work under the assumption that individuals in a society will voluntarily and automatically change their actions, opinions, biases and/or the basic tenants under which they live. The continual lack of analysis and re-evaluation of the effectiveness, and results these initiatives produce in a society, from an intersectional perspective, is sorely lacking in government based studies, reports, and political rhetoric.

For example, a widespread government initiative in response to domestic violence has been the criminalization of these acts. But, a common response in countries around the world has been court biases that silence victims. Women who denounce the abuse and their abusers are labeled liars, “mentally-deranged,” and/or “gold-diggers,” seeking to gain an advantage in financial settlements and custodial decisions during divorce. Statistics show that judges do not even consider domestic abuse in their deliberations, and are awarding custody to fathers at a rate of 94%, dropping to 70% in cases of physical and sexual abuse of children.

Another frequent problem society’s are encountering, as domestic violence becomes socially unacceptable, is that physical violence from one generation is replaced by heightened psychological abuse in the next generation. Unfortunately, awareness campaigns and social perceptions of abuse focus only on extreme physical and sexual violence. The damage psychological abuse does to its victims is not even considered significant or relevant, even though all victims attest (and studies show) that psychological scars are the most profound, damaging, and lasting.

Even government initiatives such as the Hague Convention on International Child Abduction and its coverage in the press are exposing biases towards fathers in our societies. Statistics are reflecting failure rates in family courts to be 70-90% globally, with almost 70% of the women involved in international child abduction fleeing domestic abuse and the failure of judicial systems to protect[1]. However, this phenomenon is receiving no coverage in the press, while the plight of “left behind fathers” is getting extensive exposure. Additionally, Congressional support of the Hague Convention on International Child Abduction, coupled with extensive assistance offered by the Office of Children’s Issues/US State Department to petitioning parents, demonstrate a bias by the US government of abusers’ rights over victims’ rights, and de facto discrimination against women.

In my own personal dealing with the US State Department, Consular Affairs Division, I have repeatedly been told that American victims of domestic abuse living abroad, experiencing problems with judicial systems (and their failure to protect,) are “private matters” and “civil disputes.” The US State Department’s policy of non-assistance[2] to American expatriated victims of abuse is clearly in violation of international law.[3] Under this situation, in accordance with international law, the US government potentially becomes responsible for human rights violations even when those violations occur in a foreign jurisdiction.

In your capacity as Ambassador-at-Large with the objective to “provide advice and assistance on issues related to promoting gender equality and advancing the status of women and girls internationally,[4]” reporting to the Honorable John Kerry, US Secretary of State in order to “lead efforts to promote an international focus on gender equality more broadly, including through diplomatic initiatives with other countries and partnerships and enhanced coordination with international and nongovernmental organizations and the private sector,[5]” request that you encourage the Consular Affairs Division of the US State Department to:

Thoroughly review recent reports and statistics regarding the elevated rate of “taking persons” (apx. 70%) involved in international child abduction under the Hague Convention, who are fleeing domestic abuse and the failure to protect of Receiving States. (For your convenience please find a list of informative resources after the closure of this letter.)
Rescind their policy of non-assistance to American expatriated citizens in cases of domestic abuse, divorce and/or custodial procedures, and under this policy their non-compliance with the US Department of State Foreign Affairs Manual Vol. 7 – Consular Affairs (FAM 7,)[6] and Convention of Consular Relations(calling attention to art. 5[7] and 36[8] – see “detained in any manner” which applies to these cases due to the inability of minor children to leave a Receiving States in cases of a court ne exeat order[9], and/or any provision of domestic law requiring dual parental permission of “exit,” as well as cases involving the retention of assets, by the courts, a spouse, any trustee, and/or negligence of legal counsel thereby preventing said person’s ability to travel.)
Examine and take positive action to reverse the de facto discrimination against women, produced by the Consular Affairs Division’s policy of substantial assistance to “applicants”[10], but refusal of assistance to American victims of domestic abuse residing outside of the United States, whereas the failure of Receiving State’s judicial system to “protect,” and/or respect and uphold the rights of victims is documented at rates of 70+%.

I hope by bringing these issues to the attention of the Office of Global Women’s Issues at the Department of State, the US government and its agencies will be encouraged to assist organizations across the globe who are developing programs, initiatives and protocol which promote good practices, transparency, and accountability within judicial systems and family courts. In this way not only can the promotion of democratic principles and practices be advanced worldwide, but violence and discrimination against women may be effectively and comprehensively eradicated.

Global Expats whole-heartedly supports the participation of both spouses in child-rearing and the growing phenomenon of male-homemaker/female bread-winner (or same sex) households. We recognize that promoting equality of the sexes in any society means a changing role for both men and women in socio-economic structures. We are also well aware of the complications and challenges that globalization presents to the family, and how those stressors may serve as a catalyst for separations, divorce and/or domestic abuse.

Our mission is to assure that expatriated families are provided will all of the tools necessary for a successful expatriation, building strong family ties and healthy, productive relationships. Our goal is to prevent dynamics that produce ruptures or abusive relationships within the home, with a focus on early detection and proper prevention, rather than crisis management. However, we are firm in the conviction that the interests of children, meaning their safety, security, and well-being is of primary and utmost concern, and is an obligation and duty of all parties concerned.

I thank you in advance for your time and consideration, and remain entirely at the disposition of you or your staff for any questions or clarifications.

Sincerely,

Quenby Wilcox

Founder – Global Expats

Quenby@global-xpats.com

www.global-xpats.com

LIST OF RESOURCES:

Hague Convention Domestic Violence Project – www.haguedv.org
DV Leap – George Washington University Legal Clinic – www.dvleap.org
The Leadership Council –www.leadershipcouncil.org
Submission to the United Nations Commission on the Status of Women – http://worldpulse.com/node/55730 (with extensive reports by Amnesty International and United Nations Commissions included in research material.)
National Safe Child Coalition – www.nationalsafechildcoalition.com

———————————————–

Enclosure[11]: President Barak Obama, the White House

US Secretary of State John Kerry, US State Department

US State Department – Patrick F Kennedy – Under Secretary Management

Ambassador Alan D. Solomont, Embassy of the United States Spain

US State Department – Joyce Namde – European Division Director – Office of American Citizen Services and Crisis Management

Complaint against the Spanish judicial system and family courts, Commission on the Status of Women, United Nation

[1] US Supreme Court case Abbott vs. Abbott and Hague Convention Domestic Violence Project (www.haguedv.org.)

[2] as provided for under the Convention of Consular Relations

[3] as established in Gonzales vs. USA, 2011,Inter-American Commission on Human Rights, inter alia

[4] Presidential Memorandum — Coordination of Policies and Programs to Promote Gender Equality and Empower Women and Girls Globally January 30, 2013 Memorandum for the Heads of Executive Departments and Agencies

[5] Ibid

[6] 7 FAM, 1922-1925 (Authority and Responsibility to Victims of Serious Crimes). 7 FAM, 1930-1932 (General Guidelines for Assisting Victims of Crimes/Domestic Violence), 7 FAM, 1910-1912 (Crime Victims Assistance), 7 FAM, 1920-1929 (Child Abuse or Neglect), 7 FAM, 1721-1723 (Child Abuse and Neglect Resources), 7 FAM, 1700-1719 (Safety and Protection of Minors/International Parental Child Abduction/Hague Child Abduction Convention ), 7 FAM, 900-913 (International Judicial Assistance), 7 FAM, 450-456 (Trials, Appeals, Sentences, Post Sentencing) 7 FAM, 110 Welfare and Whereabouts of US Nationals Abroad posted on http://worldpulse.com/files/upload/2759/us_department_of_of_state_foreign_affairs_manual_v.pdf

[7]Art. 5 – Consular functions consist in:

(a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;

(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons;

(i) subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests;

[8]Article 36 – Communication and contact with nationals of the sending State

1.With a view to facilitating the exercise of consular functions relating to nationals of the sending State:

(a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State;

(b) if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph;

(c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgement. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.

2.The rights referred to in paragraph 1 of this article shall be exercised in conformity with the laws and regulations of the receiving State, subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under this article are intended.

[9] US Supreme Court Case Abbott vs. Abbott

[10]Hague Convention on International Child Abduction

[11] With all referenced documents within posted on http://worldpulse.com/node/64031

Letter to State Dept. – Joyce Namde 3/19/13

Posted on June 5, 2014June 14, 2014 by QuenbyWilcox

The rhetoric of Under Secretary Kennedy of the US Department of State belies the reality of the failure of Consulates to utilize the Convention of Consular Relations to protect the rights and interests of Americans living abroad

IT IS TIME FOR THE US DEPARTMENT OF STATE

TO TRANSFORM RHETORIC TO REALITY!

July 27, 2011: Statement by Under Secretary for Management Patrick Kennedy before the Senate Committee on the Judiciary

For full text of Under Sec. Kennedy’s statement go to http://www.state.gov/m/rls/remarks/2011/169182.htm

March 19, 2013

RE: American Living Abroad in Cases of Domestic Abuse and the US State Department’s Obligation to Assist under American and International Law

Dear Ms. Namde,

Thank you for your letter dated March 11, 2013 in response to my letter dated February 26, 2013. For your convenience, please find a copy enclosed as well as all previous correspondence with the US State Department in Washington, DC and the American Consulate in Madrid which may clarify the following:

My case is in the providence of Madrid, specifically Mostoles, not Barcelona
I am not, nor have I ever, solicited legal advice, counsel or representation from any US State Department officials or representatives, in Washington, DC or Madrid, as has been continually contended in State Department correspondence. I am well versed in legal principles and doctrines, and have never required such assistance.
Legal proceedings in regards to my divorce and liquidation of assets were officially recognized as completed by my legal counsel in Spain in October 2012, so there are no pending legal issues for which I would require legal assistance or counsel as indicated in your letter (suggesting that I consult the American Embassy in Madrid’s webpage.) It should be noted that Cuatrecasas and Plehn Abogados, two of the law firms who employ negligent legal counsel in my case, are still posted on that webpage, and Vinader, Carlos y Associados (no longer listed) was obtained from that webpage in June 2007.
I am not, nor have I ever, solicited the US State Department to intervene in “private legal matters of US citizens in foreign or domestic courts,” (nor insinuated anything to that effect) as has been continually contended in State Department correspondence. At all times, since March 2007 until present, my requests to the American Embassy and Consulate in Madrid, and US State Department have been in total accordance with US, Spanish and international law, as well as provisions in FAM 7 – US Department of State Foreign Affairs Manual Vol. 7 – Consular Affairs. It should be noted that services and protocol provided for in FAM 7[1] are not, nor have been provided by the American Consulate in Madrid in the past, or at present. If these services had been provided by the US Consulate in Madrid and the Overseas Citizens Services Bureau of Consular Affair (CA/OCS) from the beginning of my ordeal, it is highly unlikely that my legal counsel and the courts in Spain would have violated my human, civil and constitutional rights as flagrantly and openly (and with endless documentation) as they did.

As indicated on the link you provided, (http://travel.state.gov/law/retain/retain_714.html) “Should your communication with a foreign attorney prove unsatisfactory, a U.S. consular officer may, if appropriate, communicate with the attorney on your behalf.”

Therefore, I am once again officially requesting assistance, and that the Consulate in Madrid transmits my offer for a financial settlement with previous legal counsel in Spain for damages incurred, and caused by their negligence. This offer is made as an act of good faith, and in order to prevent further legal actions against them, as provided for under Spanish and international law, noting that damages are increasing, and accruing, monthly at an estimated rate of $8 million / month.

A complete account of all infractions of my legal counsel is posted on http://worldpulse.com/user/2759/journal (see Complaint to Defensor del Pueblo & Consejo General del Poder Judicial, Instituto de Mujer, and the UN Commission on the Status of Women, as well as all supporting documentation.)

In April 2012 (see attached correspondence,) I provided Cuatrecasas with the opportunity to discharge the contractual obligation of Jorge Capell’s (partner of Cuatrecasas) which he failed to fulfill by his negligent acts, and omission of acts, between July and November 2008 under art. 1089, 1098, 1101, 1104 and 1697 of the Spanish civil code, art. 10, 11, 17, 22, 27, 28, 29, 31, and 512 of the Spanish penal code, inter alia. At that time they were provided with the opportunity to intervene in, and prevent the completion of negligent acts, and omissions of acts of legal counsel, Miguel Martinez Lopez de Asiain and Ignacio Gonzalez Martinez, 2010-2012, in regards to the liquidation of common property assets in Gonzalez de Alcala vs. Wilcox.

The liquidation of said assets, as well as a request through the courts/subpoena for all financial records in the name of Javier Gonzalez de Alcala (and/or Xavier Gonzalez) should have been initiated by Jorge Capell in 2008 during divorce proceedings. Not only at that time did he fail to voluntarily fulfill his obligation, he refused to do so upon my instructions. It should be noted that the negligence of Mr. Capell in regards to my representation was confirmed in my interview with a representative (legal counsel) of Federación de Mujeres Progresistas (www.fmujeresprogresistas.org), in 2008. It should be further noted that in my conversations with Ignacio Gonzalez Martinez (beginning of 2010) there was indications that Jorge Capell had encouraged, and/or solicited the forthcoming negligence[2] of Miguel Martinez Lopez de Asiain and Ignacio Gonzalez Martinez, further aggravating Jorge Capell’s, and thereby Cuartecasas, negligence as well as any potential criminal liability.

Additionally, as an act of good faith, and efforts to avoid further legal action, in December 2012, I sent a letter to Steven Plehn (see attached correspondence) offering the opportunity for legal counsel in Spain to arrive at an equitable financial settlement for their negligence. As you may note in the correspondence, I did not request full damages incurred, but rather enough that would have permitted me to restore my business, Global Expats, to the state and position it would enjoy today if not for the negligence of my Spanish legal counsel during the past 6 years (as provided for under art. 1106 of the Spanish civil code, inter alia.)

For your convenience, please find attached a Business Plan for Global Expats with the recommendation that you consult with the Overseas Briefing Center (OBC) and Career Transition Center (CTC) of the Foreign Service Institute Transition Center regarding the elevated necessity for the services that Global Expats will be offering to expatriated families and communities, as well as the important role that expatriated spouse play in the successful expatriation of employees, whether they be from the private or public sector.

The US Department of State, as an employer of over 12,000 employees who are expatriated abroad with their families, along with the responsibility of assuring the safety and security of over 5.25 million Americans residing abroad, certainly appreciates the challenges these families face, and the importance of providing them with assistance in their daily needs.

Of additional consideration, in evaluating my proposed settlement of €30 million (in lieu of $220’s millions of estimated lost revenue in the past 5 years, increasing at a rate of $8+ million/ month) is the enormous success and high revenues business/Internet websites models upon which www.global-xpats.com is based (facebook.com, linkedin.com, yelp.com, citysearch.com, about.com) and have enjoyed in the past 5-6 years (Please see my correspondence to the American Embassy and Mrs. Aguirre (Ambassador’s wife) March 2007 in regards the Global Expats project.)

My legal counsels have always defended their actions by claims and rationalization that these violations of rights are “done all the time” as if this justifies their gross negligence. If judicial actors were systematically held accountable for these “habitual actions” (and omissions of acts,) then they would stop doing it, and what I am requesting at this time.

Please note that one out of every three women, or almost 1 billion women around the world experience domestic abuse during their lifetime, with the following global consequences and health-related issues:

40-70% of women murdered each year are killed by intimate partners[3]
Over 64 million women each year suffer intentional and unintentional injuries[4]
Over 100 million women each year suffer from neuropsychiatric disorders[5]
Over 100 million maternal and perinatal conditions and complications occur[6]
20 million people are victims of human trafficking[7]
Widespread sexual harassment and bullying in the work-place, schools, and communities

In the past decades governments and their agencies around the world have developed laws, action plans, and protocol, along with unending political rhetoric and promises, to protect victims of domestic abuse and violence. The challenge at present, and where government agencies must concentrate their efforts, is the application and implementation of these laws, plans, protocol, and rhetoric. That is all I am, and have been proposing in the past 6 years to all implicated parties.

To this end, I hope that the US Department of State will comply with their obligation under national[8] and international law[9] at this time, and assist me in defending me and my children’s rights. As stated previously, at present I am hereby and officially requesting assistance in the following:

1) Recuperation of all court documents in regards to my case (which I request be scanned in the American Consul in Madrid and sent to me via email as the most economic and fastest possibility)

2) The American Consulate in Madrid transmit my offer for a financial settlement of €30 million for financial damages to me personally as well as my company, Global Expats in the past 6 years

3) Upon failure to arrive at an equitable and acceptable settlement with legal counsel in Spain, that the American Consulate/Embassy in Madrid and US Department of State in Washington, DC officially request[10] that the Colegio de Abogados, Defensor del Pueblo, and Consejo General del Poder Judicial in Spain investigate the facts of my case holding all responsible parties to the highest standards and letter of the law. And, that the Colegio de Abogados diligently examine my petition for reparations from negligent legal counsel in my case.

Sincerely,

Quenby Wilcox

Founder – Global Expats

Quenby@global-xpats.com

www.global-xpats.com

——————————————–

[1] 7 FAM, 1922-1925 (Authority and Responsibility to Victims of Serious Crimes). 7 FAM, 1930-1932 (General Guidelines for Assisting Victims of Crimes/Domestic Violence), 7 FAM, 1910-1912 (Crime Victims Assistance), 7 FAM, 1920-1929 (Child Abuse or Neglect), 7 FAM, 1721-1723 (Child Abuse and Neglect Resources), 7 FAM, 1700-1719 (Safety and Protection of Minors/International Parental Child Abduction/Hague Child Abduction Convention ), 7 FAM, 900-913 (International Judicial Assistance), 7 FAM, 450-456 (Trials, Appeals, Sentences, Post Sentencing), 110-188 (Welfare and Whereabouts of US Nationals Abroad) posted on http://worldpulse.com/files/upload/2759/us_department_of_of_state_foreign_affairs_manual_v.pdf

[2] Refusal to request a subpoena for said financial records and initiation of liquidation of assets in a timely manner and per my instructions, with said negligence confirmed in my communications with the Federación de Asociaciones de Mujeres Separadas y Divorciadas in Madrid (www.separadasydivorciadas.org) in 2012.

[3] Women and Health : Today’s Evidence Tomorrow’s Agenda, World Health Organization 2009, p. 56.

[4] WHO Global Burden of Disease 2004 Report, p. 64 – World Health Organization

[5] WHO Global Burden of Disease 2004 Report, p. 62 – World Health Organization

[6] WHO Global Burden of Disease 2004 Report, p. 60 – World Health Organization

[7] Remarks by the President to the Clinton Global Initiative, September 25, 2012 (www.whitehouse.gov/the-press-office/2012/09/25/remarks-president-clinton-global-initiative )

[8] (1) Article 5 of the Vienna Convention on Consular Relations

(2) 22 U.S.C. 1731 Protection of Naturalized Citizens Abroad

(3) 22 U.S.C. 2715 Procedures Regarding Major Disasters and Incidents Abroad Affecting United States Citizens

(4) 22 U.S.C. 2715a Provision of Information on Certain Violent Crimes Abroad to Victims and Victims’ Families

(5) 22 U.S.C. 3904(1) Functions of Service

(6) 22 CFR 71.1 Protection of Americans Abroad

(7) 22 CFR 71.6 Services for Distressed Americans

(8) Federal Tort Claims Act

[9] (1) Universal Declaration of Human Rights

(2) Convention on Political and Civil Rights

(3) International Covenant on Economic, Social and Cultural Rights

(4) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

(5) Declaration on the Elimination of Violence against Women

(6) International Convention on the Elimination of All Forms of Racial Discrimination, inter alia

(7) Gonzales vs. USA, 2011, inter alia

[10] Under the following:

(1) Article 5 of the Vienna Convention on Consular Relations

(2) 22 U.S.C. 1731 Protection of Naturalized Citizens Abroad

(3) 22 U.S.C. 2715 Procedures Regarding Major Disasters and Incidents Abroad Affecting United States Citizens

(4) 22 U.S.C. 2715a Provision of Information on Certain Violent Crimes Abroad to Victims and Victims’ Families

(5) 22 U.S.C. 3904(1) Functions of Service

(6) 22 CFR 71.1 Protection of Americans Abroad

(7) 22 CFR 71.6 Services for Distressed Americans

(8) Federal Tort Claims Act

(9) Universal Declaration of Human Rights

(10) Convention on Political and Civil Rights

(11) International Covenant on Economic, Social and Cultural Rights

(12) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

(13) Declaration on the Elimination of Violence against Women

(14) International Convention on the Elimination of All Forms of Racial Discrimination, inter alia

(15) Gonzales vs. USA, 2011, inter alia

Letter to US State Dept. – Jim Pettit, Joanne Hunter & Joyce Namde 2/27/13

Posted on June 5, 2014June 8, 2014 by QuenbyWilcox

THIS IS THE RHETORIC

BUT, WITH THE US DEPARTMENT OF STATE CLAIMING THAT ‘EXTENSIVE’ & ‘SYSTEMATIC’ HUMAN RIGHTS VIOLATIONS & DISCRIMINATION AGAINST WOMEN ARE “PRIVATE MATTERS”…

AND, FURTHER CONTENDING THAT A COUNTRY’S VIOLATION OF WOMEN’S RIGHTS ARE PROTECTED UNDER ‘SOVEREIGNTY RIGHTS’, AND JUDICIAL ACTORS VIOLATION OF WOMEN’S RIGHTS ARE PROTECTED UNDER ‘JUDICIAL INDEPENDENCE’ ….

THIS IS THE REALITY

February 27, 2013

RE: Human rights violations under the failure to protect and the principle of due diligence – Wilcox vs. Gonzalez de Alcala and Gonzalez de Alcala vs. Wilcox / juzgado de Mostoles, Madrid, Spain

Dear Mr. Pettit (Deputy Assistant Secretary, Overseas Citizens Services); and Joanne Hunter (Ofc. of Amer. Citizen Services & Crisis Mgt.), Joyce Namde (European Division Director Office of Amer Citizen Services & Crisis Mgt);

I am contacting the US State Department, Overseas Citizens Services in regards to my divorce/domestic violence case in Spain. Please find enclosed my recent correspondence to the American Consulate in Madrid, once again requesting their assistance under the Convention of Consular Relations.

I am hereby again requesting that the US State Department in Washington, DC, request that the American Consulate in Madrid provide me with the assistance I am soliciting under the Convention of Consular Relations[i], U.S. Department of State Foreign Affairs Manual – Consular Affairs (FAM – General Guidelines for Victims of Crimes / Victims of Domestic Abuse,) and Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, inter alia.

For your convenience, please find enclosed past correspondence in regards to my case:

Correspondence with the US State Department, Office of American Citizen Services and Crisis Management in Washington, DC, and American Consulate in Madrid, etc. (2007-2010)
A complaint to the United Nations Entity for Gender Equality and the Empowerment Women – Commission on the Status of Women (2012)for human rights violations and discrimination against women by Spanish State and non-State actors (supporting documents are posted on http://worldpulse.com/node/557300.)
A complaint to the Spanish Defensor del Pueblo and Consejo General de Poder Judicial (2012) for constitutional, civil and human rights violations by el juzgado de Mostoles, Spanish government and non-government agencies, and my legal counsel (full document and supporting documents are posted on http://worldpulse.com/node/52011)
A complaint to the Spanish Instituto de Mujer (2012)for discrimination against women in Spanish family courts – English translation (original Spanish version and supporting documents are posted on http://worldpulse.com/node/50602)

In efforts to exhaust all remedies at my disposal, before initiating litigation within the international courts against Spain for human rights violations under their obligation to protect and the principle of due diligence,[1] I will be filing an official complaint with the Colegio de Abogado de Madrid against my legal counsel for their negligence between 2007 and 2012 (under the Spanish Constitution, civil code, and penal code). My complaint and supporting documents are posted on http://worldpulse.com/node/52999.

It should be noted that the names of the following legal counsel were obtained directly and/or indirectly from the American Embassy in Spain’s website:

Señor Gonzalo Martínez de Haro de Viñador, Carlos y Asociados – Juicio Rápido 607/2007 Wilcox vs. González de Alcalá
Señora Belén García Martin, de Plehn Abogados (Steven Plehn) – Medias a la Previa 1140/2007 González de Alcalá vs. Wilcox
Jorge Capell Cuatrecasas, Gonçalves Pereira – Divorcio Contencioso 1143/2007 González de Alcalá vs. Wilcox

I will also be re-submitting my complaints to the Defensor del Pueblo and Consejo General de Poder Judicial. I trust that the US State Department, and the American Embassy and Consulate in Madrid will assure, through appropriate channels, that all my complaints and allegations will be examined and investigated, with responsible parties being held accountable; using the highest standards of diligence and to the letter of the law.

Seventy percent of international child abduction cases under the Hague Convention are women fleeing domestic abuse and a government’s failure to protect (http://www.haguedv.org/reports.) These women are being held to the letter of the law by sending and receiving States, facing criminal charges and incarceration for extend periods of time. In my case, I am requesting that legal counsel and other judicial actors in Spain be held to the same standard as these women; anything less is discrimination and in violation of Spanish and international law.

The prevalence of the problems that I have encountered within the Spanish legal system in the past 6 years is well documented by Amnesty International and various UN Commissions, detailed in report after report (posted on http://worldpulse.com/node/55730.) My case clearly demonstrates to what extent deeply entrenched cultural norms and traditions that discriminate against and perpetuate the domination of women in a society preclude even the most progressive of laws and legal codes.

Under the Spanish Constitution, civil code and Equality Act 3/2007, women in Spain are accorded more rights than any other country in the world. However, due to rampant discrimination and corruption within their judicial system,[2] women are unable to enjoy or exercise those rights.

My case not only involves my right to life and security, and the right to protection of those rights by implicated State and non-State actors, but my right to work (see Structure & Concept of Global Expats on www.global-xpats.com/al/documents.) The threats and manipulations of my ex-husband (and other family members) in the past 6 years have been with the expressed intention of preventing me from developing my project, as well as financial independence for me and my children. State and non-State actors who have knowingly or un-unknowingly been complicit in his (their) efforts are responsible for human rights violations as well as any and all damages produced (under Spanish and international law.)

Violence against, and intimidation/oppression of women, are not “civil disputes” or “private matters,” as US State Department officials have constantly contended in my case. Violence against, and intimidation/oppression of women, whether it is sanctioned by executive decree of a State, or transpires due to a State’s failure to protect, are human rights violation.

Thank you in advance for your time and consideration. If you should require further information, or have any questions, please feel free to contact me at quenby@global-xpats.com or (202) 213-4911.

Sincerely,

Quenby Wilcox

Founder – Global Expats

quenby@global-xpats.com

www.global-xpats.com

——————————————

cc[3]: President Barak Obama, White House

US Secretary of State John Kerry, US State Department

Assistant Secretary, Consular Affairs Janice L. Jacobs, US State Department

Joyce Namde, European Division Director, Office of American Citizen Services and Crisis Management

Joanne Hunter, Office of American Citizen Services and Crisis Management

Assistant Secretary, Michael H. Posner, Bureau of Democracy, Human Rights and Labor, US State Department

Ambassador-at-Large Stephen J. Rapp, Office of Global Criminal Justice, US State Department

Deputy, Beth Van Schaack, Office of Global Criminal Justice, US State Department

Ambassador Alan D. Solomont, Embassy of the United States Spain

General Consul Peggy Gennatiempo

————————————————————

[1] as established by the Inter-American Commission on Human Rights Gonzales vs. USA (2011- www.aclu.org/human-rights-womens-rights/jessica-gonzales-v-usa) & Velazquez vs. Honduras and the European Courts on Human Rights in A vs. UK

[2]The definition of corruption used is that of Amnesty International; Transparency International; The Internacional Council on Human Rights Policy; Edgardo Buscaglia and Jan van Dijk, Crime Prevention and Criminal Justice Officer and Officer-in-Charge, Human Security Branch, United Nations Office on Drugs and Crime in Controlling Organized Crime and Corruption in the Public Sector; inter alía.

[3] Posted on http://worldpulse.com/node/64031

[i] The Convention of ConsularRelations states

“Article 2 Establishment of consular relations

1. The establishment of consular relations between States takes place by mutual consent.

2. The consent given to the establishment of diplomatic relations between two States implies, unless otherwise stated, consent to the establishment of consular relations.

3. The severance of diplomatic relations shall not ipso facto involve the severance of consular relations.

Art. 5 Consular functions consist in:

(a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;

Article 36

Communication and contact with nationals of the sending State

1.With a view to facilitating the exercise of consular functions relating to nationals of the sending State:

Article 37

Information in cases of deaths, guardianship or trustees ship, wrecks and air accidents. If the relevant information is available to the competent authorities of the receiving State, such authorities shall have the duty:

(a) in the case of the death of a national of the sending State, to inform without delay the consular post in whose district the death occurred;

(b) to inform the competent consular post without delay of any case where the appointment of a guardian or trustee appears to be in the interests of a minor or other person lacking full capacity who is a national of the sending State. The giving of this information shall, however, be without prejudice to the operation of the laws and regulations of the receiving State concerning such appointments;

(c) if a vessel, having the nationality of the sending State, is wrecked or runs aground in the territorial sea or internal waters of the receiving State, or if an aircraft registered in the sending State suffers an accident on the territory of the receiving State, to inform without delay the consular post nearest to the scene of the occurrence.

Article 38

Communication with the authorities of the receiving State In the exercise of their functions, consular officers may address:

(a) the competent local authorities of their consular district;

(b) the competent central authorities of the receiving State if and to the extent that this is allowed by the laws, regulations and usages of the receiving State or by the relevant international agreements.

Letter to US Dept of State – Tricia Keller, Jen Klein, Justin Sosne, Kristen Tymeson, Rachel Tulchin – Global Women’s Issues 3/23/13

Posted on June 5, 2014June 8, 2014 by QuenbyWilcox

THIS IS THE RHETORIC

THE REALITY BELIES THE RHETORIC

March 23, 2013

Dear Ms. Keller ( Policy Advisor, Bus. & Econ. Dev., White House Policy Advisor, Western Hem. Ofc of Global Women’s Issues); Jen Klein (Deputy, Ofc Global Women’s Issues); Emily Kearney (Program Analyst); Justin Sosne (Senior Policy Advisor); Kristen Tymeson (Advisor, Office of Global Women’s Issues); and Rachel Tulchin (Policy Advisor, Gender-Based Violence and Global Health

Over forty years ago, violence against women and domestic violence in all its forms was not recognized nor talked about; not in political arenas and not in the home or community. In the past decades many awareness campaigns have been launched, laws have been passed, and billions of dollars each year are spent at national and international levels to end violence against women.

Nowadays, end-to-violence campaigns are omni-present, with everyone admitting that domestic violence and abuse know no borders, does not discriminate according to nationality, ethnicity, social class, culture or religion. However, as Under-Secretary-General and Executive Director of UN Women Michelle Bachelet, said in her closing remarks to the Stakeholders’ Forum on Preventing and Eliminating Violence Against Women “there is no shortage of good and innovative practices and programmes being initiated by women in cities and communities around the world to respond to this crisis. The shortcomings are not in the vision, voices and the voluminous efforts undertaken by determined women around the world. No, the shortcomings lie elsewhere—in the lack of political prioritization… Now is the time for governments to translate international promises into concrete national action….” In other words, turn rhetoric into reality; through capacity building and accountability.

As my own case heads towards the international courts against Spain for its human rights violations under the principle of due diligence and a State’s obligation to protect,the US government and US State Department have become complicit in the violations of the Spanish courts by their own failure to protect.Details of my case, documenting the lack of due diligence by US State Department officials in the past 6 years are posted on http://worldpulse.com/user/2759/journal.

While the Spanish system is exemplary and utopian in its legal structure and Constitution, and is signatory to international treaty after treaty, the discriminatory traditions and customs of legal counsel, judges and other judicial actors translate into rampant violations of the rights of women in Spain. This discrimination, as well as government agencies failure to assure transparency and accountability of judicial actors, is well-documented in study after study by Amnesty International, and supported by ample statistical data.

Unfortunately, as demonstrated in my case, the refusal of Spanish regulatory agencies, Defensor del Pueblo,[1] Consejo General del Poder Judicial,[2] and Instituto de Mujer,[3] to examine or investigate problems within judicial systems and their origins, perpetuates and sustains the “code of silence” which permeates, and has permeated Spanish society for centuries. The same tactics and manipulations used within the home to silence and oppress victims are being used by members of the community, judicial actors included. These abuses of power must be rigorously and severely challenged and sanctioned, if efforts to eradicate domestic violence are to be effective.[4]

Women’s rights and domestic violence organizations in Spain, with who I have been in contact over the years (and solicited assistance,) recognize that the violation of rights within the courts is totally unbridled, in large part due to the extreme difficulty in finding legal counsel who are willing and able to defend the rights of victims. Customs and traditions which support domestic abuse are so prevalent and deeply entrenched in Spanish society that even when legal counsel is provided with detailed instructions on how to utilize this “utopian” system (supported by well-developed legal arguments,) they categorically refuse, or are incapable of doing so; as demonstrated in my case.[5]

Unfortunately, the deeply ingrained “code of silence,” and policy of “laissez-faire,” by implicated parties is hardly reserved for judicial actors and government regulatory agencies in Spain. It is also reflected in the US Department of States attitude and actions towards American victims of domestic abuse living abroad. In my own case, even though the US Department of State was repeatedly provided with clear and precise instructions as to what was necessary, they consistently refused to even acknowledge my requests, much less comply.

US Department of State guidelines (FAM-7) [6] clearly provide the tools and protocol that American Consulates should be respecting, but they are flagrantly ignoring and disregarding. I quote:

FAM 7 – US Department of State Foreign Affairs Manual, Vol. 7 – Consular Affairs – Victims of Crimes & Domestic Abuse:

7 FAM 1921 AUTHORITIES – (CT:CON-98; 12-13-2004)

a. State and Federal governments have enacted laws that specify the rights of crime victims and many states have amended their State constitutions to accord rights to victims.

c. “ Consular authority to provide assistance to U.S. citizen victims of crime abroad and their families in the United States is derived from:

(1) Article 5 of the Vienna Convention on Consular Relations;

(2) 22 U.S.C. 1731 Protection of Naturalized Citizens Abroad;

(3) 22 U.S.C. 2715 Procedures Regarding Major Disasters and Incidents Abroad Affecting United States Citizens;

(4) 22 U.S.C. 2715a Provision of Information on Certain Violent Crimes Abroad to Victims and Victims’ Families;

(5) 22 U.S.C. 3904(1) Functions of Service;

(6) 22 CFR 71.1 Protection of Americans Abroad; and

(7) 22 CFR 71.6 Services for Distressed Americans.

When Americans living abroad solicit services provided for under the afore mentioned laws, US Department of State’sresponses are that these situations are “private matters,” “civil disputes,” and that US government officials are prohibited by law from assisting Americans living abroad. A contention that is totally false, as sections 1922-1925, 1930-1932, 1910-1912, 1920-1929, 1721-1723, 1700-1719, 900-913, 450-456 of 7 FAM clearly enumerates the steps that Consulates and Consular Affairs representatives in Washington, DC should be, and by law are obligated to follow.[8]

Of even further cause for alarm, in considering the failure of the US government to fulfill their obligation to protect, is the extensive services and resource they offer in the recuperation and eventual criminal prosecution of women involved in international child abduction under the Hague Convention.

Between 2010-2012 the Office of Child’s Issues, Consular Division of the US State Department handled 890 incoming Hague Convention on international child abduction cases, with up to 70%, or 623 cases,[9] potentially involving a protective parent fleeing domestic abuse and a Receiving State’s failure to protect. While I have been unable to obtain figures from the US State Department on the annual budget for the Office of Child’s Issues, the 2012 budget for “Strengthening Consular and Management Capabilities”was $3.75 billion.[10] Effectively, millions of dollars per year of the Consular Affairs Division’s budget are used in supporting the on-going abuse of thousands of Americans,[11] while none of their resources (as provide for by law and under FAM guidelines) are being used to assist the victims.

If the US Department of State would allocate as much of its resources in assisting victims of domestic abuse as they do in recuperating abducted children, they would be able to substantially reduce the number of children that are abducted each year (and thereby reduce their budget.) In mounting my own “defense” over the past 6 years, I have developed a frame-work which includes a comprehensive system of protocol and “good practices” which would significantly decrease violation of rights in, and by, the courts, which in turn would help reduce rates of international child abduction. Crisis Prevention instead of Crisis Management…

Additionally, by bring accountability and transparency into family courts and judicial proceedings, authorities and those dealing with international child abductions, would be able to effectively distinguish between cases where children are unjustly being abducted and deprived contact with caring, loving parents, and those who are being abducted by protective parents, trying to fulfill their own obligation to protect. At present, without an extensive (and extremely expensive) investigation into the facts of each case, it is absolutely impossible to distinguish between the two.

What I am proposing is a win/win situation, rather than the lose/lose situation that exists at present.

I hope that by bringing these issues to your attention, you will encourage the appropriate officials in the US Department of State to review and revise their policy of “non-assistance” to American victims of domestic abuse living abroad, and “non-compliance” with the Convention of Consular Relations in these cases. This policy is contrary to national[12] and international law,[13] as well as implicates the US Department of State in human rights violations committed against expatriated American citizens within foreign judicial systems under international law.

For your convenience, please find enclosed some background information about Global Expats, and how we will be working in the future to assist expat communities around the world.

Thank you in advance for your time and consideration. I remain at your disposition for any clarifications or additional information you may require.

Sincerely,

Quenby Wilcox

www.global-xpats.com

quenby@global-xpats.com

————————————————–

[1] http://worldpulse.com/files/upload/2759/us_department_of_of_state_foreign_affairs_manual_v.pdf

[1](1) Federal Tort Claims Act

(2) Universal Declaration of Human Rights

(3) Convention on Political and Civil Rights

(4) International Covenant on Economic, Social and Cultural Rights

(5) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

(6) Declaration on the Elimination of Violence against Women

(7) International Convention on the Elimination of All Forms of Racial Discrimination, inter alia

(8) Gonzales vs. USA, 2011, inter alia

[8] 7 FAM, Sections 1922-1925 (Authority and Responsibility to Victims of Serious Crimes),7 FAM, 1930-1932 (General Guidelines for Assisting Victims of Crimes/Domestic Violence), 7 FAM, 1910-1912 (Crime Victims Assistance) , 1920-1929 (Child Abuse or Neglect), 7 FAM, 1721-1723 (Child Abuse and Neglect Resources), 7 FAM, 1700-1719 (Safety and Protection of Minors/International Parental Child Abduction/Hague Child Abduction Convention ), 7 FAM, 900-913 (International Judicial Assistance), 7 FAM, 450-456 (Trials, Appeals, Sentences, Post Sentencing)

[9] The Office of Child’s Issues does not compile or retain gender statistics in its reporting of incoming or outgoing cases. Therefore, I have used the common and repeatedly reported rate of 70% for “State failure to protect” (Amnesty International, American State Bar Associations, inter alia)

[10] Consolidating Schedule of Net Costs, US Department of State Fiscal Year 2012 Agency Financial Report, p. 116

[11] Each year the Office of Child’s Issues deals with an average of 300 incoming cases with abused children, which are then condemned to living with the abusive parent for 10-16 years +. (My own children are 19 and 21, but until they are financially self-sufficient, or until I am financially solvent, they cannot defy their father’s order to have no contact with me.)

[12] “ Consular authority to provide assistance to U.S. citizen victims of crime abroad and their families in the United States is derived from:

(1) Article 5 of the Vienna Convention on Consular Relations;

(2) 22 U.S.C. 1731 Protection of Naturalized Citizens Abroad;

(3) 22 U.S.C. 2715 Procedures Regarding Major Disasters and Incidents Abroad Affecting United States Citizens;

(4) 22 U.S.C. 2715a Provision of Information on Certain Violent Crimes Abroad to Victims and Victims’ Families;

(5) 22 U.S.C. 3904(1) Functions of Service;

(6) 22 CFR 71.1 Protection of Americans Abroad; and

(7) 22 CFR 71.6 Services for Distressed Americans.

(8) Federal Tort Claims Act

[13] (9) Universal Declaration of Human Rights

(10) Convention on Political and Civil Rights

(11) International Covenant on Economic, Social and Cultural Rights

(12) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

(13) Declaration on the Elimination of Violence against Women

(14) International Convention on the Elimination of All Forms of Racial Discrimination, inter alia

Letter to US Embassy in Madrid, Ambassador Solomont 2/26/13

Posted on June 5, 2014June 15, 2014 by QuenbyWilcox

The rhetoric of Under Secretary Kennedy of the US Department of State belies the reality of the failure of Consulates to utilize the Convention of Consular Relations to protect the rights and interests of Americans living abroad

IT IS TIME FOR THE US DEPARTMENT OF STATE

TO TRANSFORM RHETORIC TO REALITY!

AND, SINCE NOBODY CARES ABOUT THE RIGHTS OF A WOMEN WITHIN THE HOME AND FAMILY — HERE IS HER REALITY

See more videos of Maria Jose… Remembering that her case is not ‘isolated’, but representative of what happens to the wives of abusers who take advantage of negligence and corruption in the courts to continue harassing their victims

http://www.antena3.com/videos-online/programas/espejo-publico/soy-inocente-estoy-secuestrada_2014011700051.html

http://www.antena3.com/videos-online/programas/espejo-publico/victoria-carrascosa-pide-ayuda-gobierno-espanol_2013041900048.html

—–

February 26, 2013

RE: Domestic abuse as a human rights violation, and a State’s obligation to protect

Dear Ambassador Solomont,

I am once again contacting you regarding Americans living abroad in cases of divorce, custodial hearings and domestic abuse. In the past 6 years the American Embassy/Consulate in Madrid, as well as the US State Department, Consular Affairs Division in Washington, DC have contended that cases of domestic abuse/divorce of American women and children living abroad are “private matters” and “civil disputes,” and that they are under no obligation to assure that the rights and interests of Americans are respected in foreign courts and foreign jurisdictions.

This position is contradicted by the promises, speeches and rhetoric of US government officials (President Obama, Vice-President Biden, US Secretary of State John Kerry, Former US Secretary of State Hillary Clinton, postings on the US State Department website, and publications of the US State Department[i] [ii]). It is also contradicted by legal precedents in human rights law (Inter-American Commission on Human Rights, Gonzales vs. USA and Velasquez vs. Honduras, and the European Courts of Human Rights in A vs. UK, www.aclu.org/human-rights-womens-rights/jessica-gonzales-v-usa,) which establishes a State’s obligation to protect under the principle of due diligence. And, it is further contradicted by the guidelines set down in FAM, for Americans living abroad, victims of crime/domestic abuse.

The American Consulate in Madrid’s policy of non-compliance with art. 5, 36, 37 & 38 of the Convention of Consular Affairs, FAM[1], and human rights law, inter alia in conjunction with the lack of due diligence by government regulatory agencies in Spain[2] sends a clear message of impunity to judicial actors in Spain, who are thereby in a position to abuse their powers and violate the rights of American residents.

The lack of due diligence by State and non-State actors, in the protection of victims of domestic abuse in Spain, is well documented in reports by Amnesty International and my complaint to the United Nations Entity for Gender Equality and the Empowerment of Women – Commission on the Status of Women against the Spanish government for their systematic failure to protect (posted on http://worldpulse.com/node/55730.)

At present and before presenting my case[iii] to the international courts, I am exhausting my last option within the Spanish judicial system; an official complaint to the Colegio de Abogados against my legal counsel (3 of which came from the American Embassy website; Gonzalo Martinez de Haro of Vinader, Carlos y Associados; Belen Garcia Martin, Plehn Abogado; Jorge Capell of Cuatrecasas, Gonçalves Pereira.)

As an act of good faith, and in my efforts to avoid future litigation, I am once again soliciting the assistance of the American Consulate in Madrid under the Convention of Consular Relations and other applicable international treaties,[3] to assure that the Colegio de Abogados, Defensor del Pueblo, and Consejo General del Poder Judicial examine and investigate my allegations and the facts of my case with the highest standard of diligence; holding all responsible parties accountable to the letter of the law. Please see enclosed my letter to Consul General Peggy Gennatiempo requesting assistance.

As the American Consulate is aware (as they have diligently been informed of the facts of my case from the onset) my ex-husband’s violence and threats upon my life (and blocking of access to all assets and funds) were caused by his efforts to prevent me from providing financial independence for me and my children[4], and the creation of Global Expats. Legal counsel and court officials who have been complicit in these efforts, are accessories to his crimes and responsible for all and any financial damages incurred by me and my company.

Global Expats is modeled after the Federation of American Women’s Clubs Overseas (FAWCO), but is a revenue-generating entity which remunerates its trailing spouse managers and employees, as well as assistants them in career maintenance and entrepreneurial efforts. Revenues are generated from a networking/local search, city-guide global website with present estimated lost opportunity costs at $200 million.

For your convenience, please find attached a presentation on Global Expats, which includes the financial performance of comparable websites in the past 5 years, and my correspondence with the American Embassy in March 2007 in its regard. The present explosive success of local search and Networking websites (Web 2.0,) as well as advertising on the Internet was anticipated in report after report in 2005-06. Global Expats and www.global-xpats.com, was based on extensive market research at the time, and was designed to take advantage of Web 2.0 as well as fulfill the needs of expats families and the global mobility industry. As you can see in my Business Plan (http://worldpulse.com/node/44543) even though the development of Global Expats has been prevented for the past 6 years, its concept is still innovative and revolutionary, and ready to take the lead in the ever-evolving Internet (Web 3.0.)

International organizations such as the IMF[5], World Bank[6] and United Nations[7] are increasingly examining the link between corruption and the present economic crisis. My case provides a perfect case-study on how and why widespread corruption in the courts impedes economic growth and entrepreneurial development; and the role negligent governance by regulatory agencies is playing in promoting widespread corruption in the courts.[8]

Traditions and customs, which silent victims of domestic abuse are omni-present in Spanish society, and justified under the belief that protection of the “family honor” is for the “greater good.” In most cases victims have little understanding of legal codes and principles, and are easily duped by unscrupulous judicial actors who abuse their power with total impunity. In my case, not only have I understood the dynamics involved, but have documented all irregularities and infractions of the law.

My legal battles are no longer only about the particulars of my own case, and recuperation of financial damages, but are about establishing proper protocol and “good practices” that will prevent the violation of the rights of other women and children in the future. Preventing the violation of the rights of American women and children in foreign courts is not as difficult as many US State Department employees pretend, but will necessitate a commitment from American Embassies and Consulates to utilize their power and authority under the Convention of Consular Relations and other applicable international treaties.

It is to this end that I hope the American Embassy and Consulate in Madrid will assure, through appropriate channels and as provided for under international law, that the Colegio de Abogados, Defensor del Pueblos and Consejo General del Poder Judicial will thoroughly investigate the facts of my case, holding all judicial actors responsible for their professional and criminal negligence.

For your convenience, I am including a copy of my correspondence to other US State Department officials which provide additional information about the issues involved and the enormity and gravity of the situation.

I thank you in advance for your time and consideration. Please feel free to contact me at Quenby@global-xpats.com or (202) 213-4911 with any questions or requests for additional information.

Sincerely,

Quenby Wilcox

Founder – Global Expats

www.global-xpats.com

quenby@global-xpats.com

cc[9]: President Barak Obama, White House