The Voice of Mirza Xazar

 

 

Information Centre
CAUCASUS – EASTERN EUROPE (ICCEE), Prague, Czech Republic
Tel. +420/724 938 783, +420/775 581 100, +420/603 317 078
Email: hakob@orer.cz

 

 

 

Czech news agency, CTK, and the largest national daily Dnes (Today) http://zpravy.idnes.cz/svobodna-evropa-podvadi-sve-neamericke-redaktory-stezuje-si-chorvatka-1mh-/media.asp?c=A090506_180222_media_pei published reports (in Czech) based on ICCEE information summarized below in English

 

 

for immediate release:

 

 

U.S. Attorney General Asked To Investigate Fraud at RFE/RL, BBG

 

 

(Prague, May 11, 2009) United States Attorney General Eric H. Holder is petitioned to open criminal investigation of the Prague-based Radio Free Europe/Radio Liberty (RFE/RL) and its supervising Federal agency, Broadcasting Board of Governors (BBG) in Washington.

 

 

 

The petitioners, former RFE/RL employees, a Croatian citizen Snjezana Pelivan and Anna Karapetian, an Armenian, are charging BBG and the management of U.S. Congress-funded radio station with fraudulent deception intended to keep RFE/RL foreign personnel in legal vacuum without court protection in the United States and the Czech Republic.

 

 

 

RFE/RL broadcasts in 28 languages to 20 countries of the former Yugoslavia and Soviet Union, to Iran, Iraq, Afghanistan, and employs several hundred foreign citizens. Their standard employment agreements with RFE/RL in Prague, as quoted by petitioners, “are governed by the applicable laws of the United States, the laws of the District of Columbia or the policies of the Company”.

 

 

 

However, indicate the petitioners, the American employment, civil and human rights laws, including Federal Civil Rights Act and District of Columbia Human Rights Act, are not applicable to foreigners employed by American companies outside the United States. Thus, they cannot receive any protection in American courts. http://www.gentrylocke.com/showarticle.aspx?Show=242
This fact, the petitioners state in their request for criminal investigation, is well known to the management of RFE/RL and to BBG, “which provides worldwide personnel management policies, programs and services”, (http://www.bbg.gov/office/index.html).

 

 

 

RFE/RL employment policies remain unchanged after Hillary Clinton, as the Secretary of State, became in January, 2009, an ex officio member of BBG and RFE/RL Board of Directors.

 

 

 

While American citizens are covered by U.S. legislation and Czechs are protected by the strict national labor laws, the only regulation applicable to foreigners employed by RFE/RL, are the “policies of the Company”, which permit termination of employment “at any time for any reason”. This rule is absent in the standard employment agreements, which RFE/RL gives to its foreign employees for signature. Company policies are, at the time of hire, unknown to them and not explained by RFE/RL management. The petitioners qualify RFE/RL actions as fraudulent deception aimed at discrimination based on nationality.

 

 

 

Czech Parliament is due to consider an inquiry (interpellation) concerning RFE/RL personnel policies and practices in the Czech Republic. (http://www.psp.cz/sqw/tisky.sqw?STR=4&O=5&PT=K&N=4&F=I&D=6,17&RA=20)

 

 

 

RFE/RL terminated employment agreements with Snjezana Pelivan and Anna Karapetian at different times but by the same mode: without prior warning and without any reason stated orally or in writing. Both, after years of employment with RFE/R and invariably positive performance reviews, were never disciplined for any transgressions.

 

 

 

Czech courts rejected Pelivan’s and Karapetian’s wrongful termination complaints on the ground that their work relations with RFE/RL are governed not by the Czech but by American laws and RFE/RL policies. As a consequence, foreign employees of RFE/RL are placed in legal vacuum without any court protection whatsoever.

 

 

 

Karapetian’s case is still pending in the Czech Supreme Court. Recently, Czech Constitutional Court upheld the decisions of the lower courts in Pelivan’s case. She will appeal to the European Court of Human Rights in Strasbourg against the Czech Republic, as a host country to RFE/RL. Snjezana Pelivan will ask the Croatian government to join her antidiscrimination claim in Strasbourg. Anna Karapetian plans to obtain support from Armenian government in accordance with European Convention of Human Rights and Fundamental Freedoms.

 

 

 

According to RFE/RL Mission Statement, “RFE/RL mission is to promote democratic values and institutions… RFE/RL strengthens civil societies by projecting democratic values… RFE/RL provides a model for local media…” http://www.rferl.org/info/mission/169.html

 

 

Petitioning the U.S. Attorney General to investigate BBG and RFE/RL discriminative employment policies and actions, the petitioners write:

 

“ Due to fraudulent deceptions, RFE/RL president now concentrates, in one person, the functions and powers of a breadgiver, an interrogator, a prosecutor, a judge in his own court without defense, an executor of his own judgement, which is final and must not be motivated. And it is not in Guantanamo, which presently is being dismantled as American legal and political shame.

 

 

 

Your investigation will help to dismantle at RFE/RL in Prague the remaining preserve of “no rights to foreigners”, evidently overlooked till now by the present Washington administration.”

 

 

Copies of the Petition are submitted to White House, U.S. Department of State, and relevant Senate and Congressional committees.

 

In case of interest, request the text of Petition.

 

ICCEE is a non-governmental non-profit organization established in Prague in 1999.

###