Affiliate Claims Bush Ignored 'Enslavement' Of U.S. Workers in Gulf

Herbert K. Mallard was once a successful business executive in Boston.

But in 1979, after two workers he had sent to Saudi Arabia were allegedly starved and virtually enslaved by their Saudi supervisor, Mallard took up a new career--that of self-appointed human-rights crusader.

His quest for redress has taken Mallard, a member of the Harvard Dental School Advisory Board, from local television stations to the State Department to the president of the United States.

More than a decade later, however, Mallard has little to show for his efforts but stacks of letters on federal stationery rejecting his appeals.

Mallard now charges that high-ranking officials, including then-Vice President Bush, slighted the workers' complaints in order to maintain good relations with Saudi Arabian government and business interests.

Bush joined those Mallard describes as blocking attempts at redress in 1985, when he wrote a letter refusing to pursue the case of Mallard's former employees, John Keene and Jim Maes [see related story, page 3].

In the letter, Bush said the State Department did not have a responsibility to assist Keene and Maes, referring to the matter as "a private contractual arrangement" which "fall[s] under the jurisdiction of the legal system of the kingdom of Saudi Arabia."

Bush, like a number of other U.S. officials, suggested that the workers seek recourse through the Saudi court system.

But Mallard rejects this idea as "unrealistic," saying that he has been assured by Saudi and Americans alike that Americans have essentially no le gal rights in Saudi Arabia. The StateDepartment's failure to acknowledge this, Mallardsays, is effectively an abandonment of Americancitizens who have been mistreated abroad.

In fact, Mallard says he believes that duringthe 1980s the Reagan and Bush administrationsshielded Saudi officials from such complaints inorder "not to rock the boat" with the Saudi royalfamily.

"For more than a decade, State DepartmentArabists have obfuscated investigations and aidedand abetted the Saudis every chance they got,"Mallard charges.

Mallard accuses State Department Arabists ofbeing swayed from their duties both by SaudiArabia's strategic importance to the U.S. and by atacit "understanding" that when they leave thedepartment the Saudis will provide them withlucrative jobs.

"They have been selling the human rights ofU.S. citizens to the [Saudi Arabian] royalfamily," says Mallard, who also suggests thatprivate Saudi oil investments by influentialgovernment officials have been a factor in theState Department's lack of action on his case.

State Department accounts of the case havediffered throughout from Keene and Maes' version,Mallard said. Department officials contacted inearly 1980 said that they had never said SaudiArabia was a safe place to work, despite Keene'ssigned affidavit to the contrary.

In addition, Keene and Maes submittedaffidavits stating that when they tried to go tothe American consulate in Dharan, they wererefused entry by a marine "under orders" fromhigher officials. But embassy officials deniedthat this incident occurred, Mallard says.

State Department officials contacted last weeksaid they investigate all cases of mistreatment ofU.S. citizens abroad as thoroughly as possible.

"We do recognize these cases and we pursuethem," said Honda Ferguson-Augustus, an officialat the State Department Saudi Arabia desk.

Ferguson-Augustus and other departmentrepresentatives declined to comment further oneither the Keene and Maes case or on Mallard'scharges of preferential treatment for Saudioffenders.

A representative of the office of White HouseCounsel C. Boyden Gray said last week that theBush administration has "no special policyregarding Saudi Arabia."

'Serious Charges'

Government officials who have lobbied on behalfof Keene and Mallard expressed dismay at Bush'sletter last week, and said they believe thatMallard's charge of pro-Saudi leanings in theState Department may have some validity.

George Pickart, a senior aide to Sen. ClaybornePell (D-R.I.), who has attempted to pressMallard's case since 1982, says he has beenrebuffed numerous times by Saudi Arabianofficials, and has received little cooperationfrom the State Department.

"These are very serious charges, and theexecutive branch didn't give them the attentionthey deserve," Pickart says. "It may be because ofan innate sense of not rippling the water withSaudi Arabia."

Representative Larry Smith (D-Fla.), whotestified with Mallard in front of Congress in1991, has come to similar conclusions, accordingto his spokesperson, Robert Patalano.

"The Bush administration would go to any extentto cover up [such incidents]," Patalano says.

Bemis Professor of International Law DetlevVagts, who worked in the State Department duringthe 1970s, says that the State Department islegally required to investigate Mallard'scomplaints.

"The U.S. government has an obligation topresent claims to foreign governments when U.S.parties have been maltreated," Vagts said. "Itmakes me a little suspicious that they are tryingto curry favor with the powerful of Saudi Arabia."

Aziz Abu Hamad, the associate director ofMiddle East Watch, agreed, noting, "Pressure hasto come from a higher level than ambassador orconsular...There is an excessive financial andstrategic relationship [between Saudi Arabia andthe U.S.]"

"They have not done enough to stop this, and itis within their ability to stop it," said Hamad, aSaudi Arabian native.

Mallard is not alone in urging greatergovernment response to alleged human rightsviolations overseas. A proposed Congressionalbill--which would permit Americans to seekrecourse in the U.S. court system for human rightsviolations outside the country--and an upcomingSupreme Court case are at last bringing the issueto greater public attention, and Mallard says hehopes these measures are a start in the rightdirection.

But Mallard says that experiences of the past12 years have led him largely to give up theexpectation that the State Department will take upKeene and Maes' case of its own accord. Theexecutive-turned-human rights activist says hishopes now rest with the efforts underway inCongress and in the Supreme Court.

If those efforts prove unsuccessful, Mallardsays he will try other avenues.

"I will continue to pursue the matter," hesays. "[Keene and Maes, and others like them]deserve better from their country."Photo Courtesy Herbert K. MallardHERBERT K. MALLARD

In fact, Mallard says he believes that duringthe 1980s the Reagan and Bush administrationsshielded Saudi officials from such complaints inorder "not to rock the boat" with the Saudi royalfamily.

"For more than a decade, State DepartmentArabists have obfuscated investigations and aidedand abetted the Saudis every chance they got,"Mallard charges.

Mallard accuses State Department Arabists ofbeing swayed from their duties both by SaudiArabia's strategic importance to the U.S. and by atacit "understanding" that when they leave thedepartment the Saudis will provide them withlucrative jobs.

"They have been selling the human rights ofU.S. citizens to the [Saudi Arabian] royalfamily," says Mallard, who also suggests thatprivate Saudi oil investments by influentialgovernment officials have been a factor in theState Department's lack of action on his case.

State Department accounts of the case havediffered throughout from Keene and Maes' version,Mallard said. Department officials contacted inearly 1980 said that they had never said SaudiArabia was a safe place to work, despite Keene'ssigned affidavit to the contrary.

In addition, Keene and Maes submittedaffidavits stating that when they tried to go tothe American consulate in Dharan, they wererefused entry by a marine "under orders" fromhigher officials. But embassy officials deniedthat this incident occurred, Mallard says.

State Department officials contacted last weeksaid they investigate all cases of mistreatment ofU.S. citizens abroad as thoroughly as possible.

"We do recognize these cases and we pursuethem," said Honda Ferguson-Augustus, an officialat the State Department Saudi Arabia desk.

Ferguson-Augustus and other departmentrepresentatives declined to comment further oneither the Keene and Maes case or on Mallard'scharges of preferential treatment for Saudioffenders.

A representative of the office of White HouseCounsel C. Boyden Gray said last week that theBush administration has "no special policyregarding Saudi Arabia."

'Serious Charges'

Government officials who have lobbied on behalfof Keene and Mallard expressed dismay at Bush'sletter last week, and said they believe thatMallard's charge of pro-Saudi leanings in theState Department may have some validity.

George Pickart, a senior aide to Sen. ClaybornePell (D-R.I.), who has attempted to pressMallard's case since 1982, says he has beenrebuffed numerous times by Saudi Arabianofficials, and has received little cooperationfrom the State Department.

"These are very serious charges, and theexecutive branch didn't give them the attentionthey deserve," Pickart says. "It may be because ofan innate sense of not rippling the water withSaudi Arabia."

Representative Larry Smith (D-Fla.), whotestified with Mallard in front of Congress in1991, has come to similar conclusions, accordingto his spokesperson, Robert Patalano.

"The Bush administration would go to any extentto cover up [such incidents]," Patalano says.

Bemis Professor of International Law DetlevVagts, who worked in the State Department duringthe 1970s, says that the State Department islegally required to investigate Mallard'scomplaints.

"The U.S. government has an obligation topresent claims to foreign governments when U.S.parties have been maltreated," Vagts said. "Itmakes me a little suspicious that they are tryingto curry favor with the powerful of Saudi Arabia."

Aziz Abu Hamad, the associate director ofMiddle East Watch, agreed, noting, "Pressure hasto come from a higher level than ambassador orconsular...There is an excessive financial andstrategic relationship [between Saudi Arabia andthe U.S.]"

"They have not done enough to stop this, and itis within their ability to stop it," said Hamad, aSaudi Arabian native.

Mallard is not alone in urging greatergovernment response to alleged human rightsviolations overseas. A proposed Congressionalbill--which would permit Americans to seekrecourse in the U.S. court system for human rightsviolations outside the country--and an upcomingSupreme Court case are at last bringing the issueto greater public attention, and Mallard says hehopes these measures are a start in the rightdirection.

But Mallard says that experiences of the past12 years have led him largely to give up theexpectation that the State Department will take upKeene and Maes' case of its own accord. Theexecutive-turned-human rights activist says hishopes now rest with the efforts underway inCongress and in the Supreme Court.

If those efforts prove unsuccessful, Mallardsays he will try other avenues.

"I will continue to pursue the matter," hesays. "[Keene and Maes, and others like them]deserve better from their country."Photo Courtesy Herbert K. MallardHERBERT K. MALLARD