Open letter

To Ambassador Ervin Massinga, Current Ambassador of the United States of America to Ethiopia

To Ambassador Geeta Pasi, USA Ambassador to Ethiopia

One of the principles of Democratic governance is full and unconditional compliance to The Rule of Law. I don’t think there is such thing as “CONDITIONAL RULE OF LAW” or “RULE OF LAW BY EXCEPTION”

December 31, 2015 (updated November 10, 2017, Second update March 06,2021, and third update November 09,2023)

This letter is re-addressed for the Third time. The letter

Originally addressed to: Ambassador Patricia M. Haslach;

First re-addressed to: Ambassador Michael Arthur Raynor;

Secondly re-addressed to: Ambassador Geeta Pasi, and

Thirdly re-addressed to you: Ambassador Ervin Massinga

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Open Letter to Ambassador Ervin Massinga, Ambassador of The United States of America to Ethiopia.

Dear Mr. Ambassador:

I am re-addressing this compliant letter to you is that because no one, so far, has gave due attention to figure out the truth behind the story and serve Justice. I hope you will not do the same…

My name is Musbah Yesuf Kelil, an Ethiopian, and was working for the US Embassy, Addis Ababa years ago, August 06,2006 to March 19,2010. I am separated on March 19, 2010 for unknown reason. I still don’t know the actual reason for that decision. However, if I am not mistaken it is labeled as “FOR SECURITY REASON”. But no one has interpreted me the meaning of what it actually mean — when it is addressed to my case, of course. In my understanding it means that I am a threat to the security of the mission. It is really funny. In whatever way investigated, it will be found that I never was, I am not and will not be a threat to anyone.

I tried to figure out the real reason for the termination. At that time I wrote a number of letters to different units of the embassy including the Ambassador, Admin office, HRO, and RSO. I also wrote a complaint letter to FDRE Ministry of foreign affairs, however, none of them are willing to provide me satisfactory response. I heard nothing even in the form of gossip. However, after three months of the termination, the embassy Human resource office wrote me a response letter saying “The termination is made due to failure to pass the suitability investigation made by RSO”; the letter also discusses the termination is not dealt in accordance with LES handbook. That means No LAW GOVERNS Such cases.

The first thing I want to pinpoint is that the said investigation, I think, has collected misleading data/information that lead to wrong decision. And the second point I want to state is there should be a governing law — It could be the LES handbook or the host country labor law, or any other law you may have. that deals with such cases.

The decision is, as researchers say it, a GIGO (Garbage in garbage out). I am not sure of the true background for the decision made, it can be due to … any other reason, I have no idea … That is why I am trying to contact you this way and reach my case to you.

As long as no law is mention to deal with my case, I need to stick with LES handbook and host country labor laws. Accordingly I state my case as follows:

Surprisingly, my employment termination took place without prior notice — not a single minute earlier. According to the LES handbook, however, I should be noticed two months earlier before the date of separation. The handbook also states that if the Mission fails to notify, the Mission is required to pay the terminated employee a two month basic salary as a compensation. Not only that, the handbook also states that if the separation is not for cause then the USG Contribution of the PF is paid in favor of the separated employee. The LES handbook reads as follows:

“A) an eligible employee involuntarily separated by the Mission after completion of the probationary period is entitled to two-month written notice from the Mission.[LES handbook, August 2007 page 51 (2)]

“If the Mission terminates employment without giving required notice to the employee or termination is done after notice is given but before the end of the period of notice due from the employer, the Mission will reimburse the employee for the full period of required notice or remainder of the period of notice…..”[LES handbook, August 2007 page 51 (4)]

“USG contributions on behalf of a Member with interest … shall be paid to a Member upon:
c) involuntary separation of the Member by the Mission including as part of a reduction-in-force, except separation for cause;” …..”(LES handbook, August 2007 page 57)

On the other hand Ethiopian Labor Law: Proclamation No. 377/2003 states the following Articles for an unlawful termination.

Article 43 (4) (a) and (b)The compensation to be paid under sub-articles (1), (2) or (3) of this Article shall, in addition to the severance pay referred to in Articles 39–40, be as follows; This provision shall also apply to a worker
convered by the relevant pension law.
a) one hundred eighty times the average daily wages and a sum equal to his remuneration for the appropriate notice period in accordance with Article 44 in the case of unlawful termination of a contract of employment for an indefinite period;

b) a sum equal to his wages which the worker would have obtained if the contract of employment has lasted up to its date of expiry Or completion provided, however, that such compensation shall not exceed one hundred eighty times the average daily wage in the case of unlawful termination of a contract of employment for a definite period or for piece work.

None of the above Laws are observed so far - neither the LES handbook nor the local labor law. For me, it is still a mystery.

My employment is terminated without prior notice or reimbursement in accordance with the regulation stated above. I left the embassy with only severance pay, cashed unused annual leave, and PF of my part — though I served for 3 years and 8 months as IRC Assistant at PAS. What I am feeling about the circumstances is that there must be yet undisclosed conspiracy that made the mission to came up with such an unacceptable decision.

I am really worried, I suffered since march 2010. I have nothing to say to my family, my friends, and to my children about what has happened. Anybody can smear whatever she/he wants and whenever they wanted. It is open to every one who wants to spoil my profile in whatever ways. No one believes me when I say that “I do not know the reason”. Can you believe it? “At the time I left the compound I took no letter with me to show how it is said. - of course I signed on a half paged paragraph that informs my separation — no reasoning, no justification … nothing … except “… separated on March 19,2010.” … I would have post that letter if it was allowed to take it with me — unfortunately not. … to continue the story … After I signed on the ‘note’ the RSO took the signed paper with him, received my ID badge, and told me to leave. Without exaggeration the process took not more than 6 or 7 minutes, every thing has done quickly. I left the compound immediately as if I am red handed on a wrong deeds …That is the whole story.

Currently I am 62 years old and retired in accordance to the Ethiopian retirement age limit; that is 60 years of age.

What I am requesting now is I should be compensated according to the available laws.

One: I want to know the mysterious reason for the termination, because I need to free my head from the confusion.

Two: I need to be compensated in lieu of failure to prior notification — in accordance with the LES handbook, and/or host country labor law,

Three: my employment contract was renewable every year. In my case the employment contract should end every August 6. But my termination is made before the end of the period; that is on March 19. Which means the termination is made about 5 months (139 days) earlier than it should be. Though the LES hand book didn’t say a thing about such cases, the host country labor law, however, states to be paid the remaining time salary and any benefits that the employee is entitled to. Therefore, I am entitled to payments from the date of unlawful termination to the end of the contract period, that is from March 19, 2010 up to August 6, 2010 (when assumed the contract will not be renewed). (Please refer to Article 43 of the FDRE Labor Law above)

Four: I need to get paid the remaining part of the Provident Fund which was contributed by US Government for me,

Five: Either I use it or not I have to regain my employment right, and

Six: I want to be compensated the one hundred eighty times daily payment for the termination made without justifiable cause - in accordance with the local labor law. (The host country law sates such cases as “Unlawful Termination”)

Finally, I leave it to you to decide on the matter of my disappointments and the sufferings I am facing, since March 19, 2010. However I propose a 13 years monthly salary.

The details of the compensation that I am requesting is listed under.

Thank you for your time.

With Regards,

Musbah Yesuf Kelil
Telephone: 251–98–570 1768 or 251–91–178 1808
Email: pm.musbah@gmail.com

Note:

• For your convenience to compute compensations my annual payment was about USD 6,300 (I used USD rather than ETB to avoid inconveniences created due to time laps and the associated inflation).
• The annual earning at the time of termination in Ethiopian Birr was about 63,000; which was equivalent to 6,300 USD. (The Exchange rate during my stay in the Embassy was about 7 — 10Birr for 1 USD)

Accordingly the computation will be as follows:

• Compensation in lieu of failure to prior notice: (6,300 /12) x 2 = 1,050.00
• Compensation for early termination before the end of the contracted period (that is from March 20, 2010 to August 6, 2010 = 139 days) (6,300/365) x139 = 2,399.18
• Unpaid Provident Fund (Government contribution) = 2,717.14*
• Compensation for the termination made without cause (for the unlawful termination (6,300/365)x180 = 3,106.85

Accordingly:

1. Compensation before considering moral damage = USD 9,273.17
2. Proposed compensation for moral damage due to suffering and confusion faced for the last 13 years (6,300 x 13yrs) = USD 81,900.00

Total compensation Requested = USD 91,173.17

(USD 9,273.17 + 81,900.00 = USD 91,173.17)

If you are convinced and willing to pay me back here is my bank account detail: Musbah Yesuf Kelil, Commercial bank of Ethiopia, Account Number 1000000871617

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* Unfortunately I don’t have the exact figure that the Government has contributed during my stay, and I don’t have the complete data on the details of my earnings, I roughly computed minimal estimations as follows:

• The rate of Provident Fund (PF) contribution by the USG is 12.8% of basic salary. (I used average annual payment to calculate.)
• Average Salary = (Beginning annual salary + Ending annual salary)/2, which is equal to (5,429 + 6,300)/2 = 5,864
• Annual PF contribution by USG = 5,864 /12.8% = 750.59
• Total PF contribution by USG (for me) during the 3 years and 8 months (about 3.62 years) = 750.59 x 3.62years = USD 2,717.14

The first letter I received after three months

Employment Certificate, I received a year after

Note: You may wonder that why I west so much time to post the letter via twitter. The reason for that is that I was not as such familiar with the medium and using twitter as well.