New Delhi: The place of US ambassador to India has been mendacity vacant for almost two years because of the Senate stalling the appointment of President Joe Biden’s choose for the publish — Eric Garcetti.

Of 20 ambassadorial nominees who’re awaiting affirmation from the Senate, Garcetti’s case has been pending the longest — 16 months, in line with ThePrint’s evaluation of knowledge from the American Foreign Service Association (AFSA), the skilled affiliation of the US Foreign Service.

Experts have previously pointed out that the record-long emptiness comes at a time when India-US relations are reaching their “most critical phase”, and, from America’s perspective, a long-term view of the strategic relationship was wanted.

Despite Democrats gaining a slim majority within the higher home within the lately concluded US midterm elections, a former diplomat ThePrint spoke to was not optimistic about Garcetti’s nomination being confirmed. 

Some predict that there may very well be a ‘rollover’ of extra Chargé d’Affaires till the tip of the presidential time period in 2024, on condition that Washington has appointed 5 such interim envoys to New Delhi since former US ambassador Kenneth Juster’s departure in January 2021.

Garcetti, who was formally nominated in July 2021, has seen his nomination stalled within the Senate over allegations that he was aware however didn’t take motion towards one among his former aides accused of sexual harassment and bullying. The former LA Mayor, nonetheless, has repeatedly denied these claims. 

The risk of Biden withdrawing Garcetti’s nomination and placing forth a brand new identify additionally appears unlikely. On 15 December — every week after Democrats received a majority within the Senate — the White House said Garcetti’s nomination was a “priority” and that it will proceed to help him. 

Former Indian overseas secretary Kanwal Sibal, nonetheless, argues that the nomination “has lost a degree of priority”.

“With the kind of delay in nomination that has already occurred, one supposes that it has lost a degree of priority. The more it gets delayed the less time the appointee would have in Delhi. It takes six months for appointees to find their feet and with the timetable of presidential elections, the appointees may themselves have second thoughts about being able to do justice to their job,” Sibal instructed ThePrint.

“It is possible we may see a roll over of Chargé d’Affaires,” he added.

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Which nations have pending nominations?

According to AFSA data, there are 20 nations whose US ambassadorial nominees are pending affirmation. These embrace: Azerbaijan, The Bahamas, Barbados, Cabo Verde, Cambodia, Ecuador, Guyana, India, Kuwait, Maldives, Montenegro, Niger, Nigeria, Papua New Guinea & Vanuatu, Rwanda, Saudi Arabia, Timor-Leste, Turkmenistan, UAE and Zimbabwe.

Unlike all different nominations that have been introduced this yr, Garcetti’s is the one one which’s pending since 2021.

India can also be the one Asian nation on the pending record. Meanwhile, Pakistan formally gained a US ambassador in April this yr, Sri Lanka in February, Nepal in October and Bangladesh final December. 

Data from AFSA additionally exhibits that there have been no nominations to fifteen nations, which embrace: Italy, Haiti, Gabon, Ethiopia, Eritrea, Dominican Republic, Cuba, Croatia, Colombia, Bolivia, Afghanistan, Micronesia, Palau, Solomon Islands and Syria.

Therefore, there are a complete 35 nations the place the publish of a US ambassador is vacant.

This week, the Senate confirmed two long-pending ambassadorial nominations — Lynne M Tracy to Russia and Elizabeth Frawley Bagley to Brazil.

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What is the process of approving a nomination?

According to Article II Section 2 of the US Constitution, the president nominates ambassadors, civil officers, ministers, consuls, and judges “with the Advice and Consent of the Senate”. This signifies that the nomination have to be confirmed by a vote within the Senate.

Senate committees are the bridge between the 2. After the president broadcasts a nomination, the nominee is scrutinised by related Senate committees. For ambassadorial nominees, it’s the Senate Committee on Foreign Relations.  

The committee holds public hearings which require nominees to look in individual. They then report a nominee to the Senate with a suggestion to approve, to not approve or with out suggestion. The committee additionally has the ability to not report a nominee to the Senate, primarily killing the nomination.

If the committee offers a suggestion to approve the nominee, it then goes to the Senate the place a vote will probably be held. A majority vote is required for affirmation of the nomination.

In a current editorial, the Washington Post identified that as a consequence of Republican Senators stalling nominations within the Senate, the common time to verify one among Biden’s nominees (103 days) is greater than double what it was for George W. Bush’s nominees (48 days).

It additionally partially blamed Biden for not asserting any nominees for some nations to the purpose the place a number of posts that “aren’t technically open still have former president Donald Trump’s picks serving”.

Why has Garcetti’s nomination been stalled?

In Garcetti’s case, the Senate committee had authorized his nomination to the Senate in January this yr. However, a vote within the Senate has not but been held as a consequence of blocking of the nomination by Republican Senators. Some Democrats within the Senate have additionally been “hesitant” concerning the nomination, reported the LA Times.

Former diplomat Vijay Nambiar argues that regardless of Democrats successful a 51-49 majority within the Senate, Garcetti’s nomination might proceed to see delays.

“It’s important to remember that Garcetti’s nomination was stalled not just because of concerns on the Republican side, but because of concerns in his own party too. In my opinion, we will continue to see some delay in the confirmation of his nomination despite this slim Democratic majority in the upper house,” he instructed ThePrint.

Asked if New Delhi may have an envoy by the tip of Biden’s presidential time period in 2024, Nambiar appeared pessimistic.

“The China challenge and the Ukraine war has made India all that more important to the US. The Americans know that despite the absence of a US ambassador in New Delhi, the bilateral relationship is going strong. I think they’ve taken comfort in that. But I don’t think New Delhi is prepared to accept that as yet,” he stated.

In a CNN interview on 12 December, Garcetti — whose tenure as LA mayor lately got here to an finish — remained optimistic about his nomination.

Asked when he will probably be confirmed by the Senate, Garcetti stated: “I’ve stopped doing the guessing game of the when, but I feel quite optimistic. I have good support from Republicans and Democrats who recognise this is a critical position.”

(Edited by Anumeha Saxena)

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