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RADIO LIBERTY (RFE/RL) BETRAYS ITS IDEALS
Hakob Tsulikian
AZG DAILY
12-02-2009
During the last few weeks, almost 20 American web sites and blogs
published Armenian journalist Anna Karapetian's "Open Letter to
Human Rights and Freedom of Press International Organizations". The
commentary on the letter and the letter itself appeared on the
internet pages of influencial newspapers such as the New York Times
and USA Today.
Reflecting on the "Open Letter" the editor of Freemeniaonline blog
Ted Lipien says, the Armenian journalist Anna Karapetian hopes that
the Obama Administration's plans will include the protection of the
very elementary labor rights of the foreign employees working in the
headquarters of RFE/RL, which is known as a defender of human rights
and freedom of speech. Despite the fact that RFE/RL is registered
as a private organization, it is led by the Broadcasting Board of
Governors (BBG), which is appointed by the US President and confirmed
by the Senate. Moreover, the Secretary of State is an ex officio
BBG member. This means that since January the 20th, Barak Obama's
ideological partner Hilary Clinton has been a part of the policy
making process regarding U.S. International Broadcasting.
Anna Karapetian's "Open Letter" has created an interest in the American
Media because, funded by the American congress, RFE/RL with a mission
to spread democratic values, is itself flagrantly viol ating those same
values by discriminating against its non-American employees. These
are mostly journalists who are invited from former Soviet Union,
former Yugoslavia, Afghanistan, Iraq and other target countries.
RFE/RL propagates democratic values for these undemocratic or
transitional countries with the voices of the same journalists,
who themselves have zero labor protection.
Here is what Anna Karapetian explains in her "Open Letter": "Signing
a standardized Employment Agreement "governed by the applicable laws
of the United States, the laws of the District of Columbia or the
Policies of the Company", the non-American journalists trustfully
and proudly place themselves under the protective hand of RFE/RL,
a beacon of human rights. In reality, however, they obtain about as
much legal protection as the inhabitants of Guantanamo: not in the
country of their origin, not in the host country (Czech Republic)
and not in the United States"
The management of the Radios indeed knows that from 1991 the foreigners
working for an American employer abroad are expressly, specifically
exempt from the protection provided to Americans by EEOC (Equal
Employment Opportunity Commission), and that Federal Civil Rights
Act. The 1977 District of Columbia Human Rights Act being subordinate
to US federal legislation also excludes them from protection.
Mother of three minors, Anna Karapetian only after being arbitrarily
separated from the Radios after almost 1 2 years of employment
discovered that she and more than 150 of her non-American colleagues
are exempt from the protection provided to Americans by EEOC and are
also not covered by the Fair Labor Standards Act, by the Equal Pay Act,
by the Disabilities Act, by the Family and Medical Leave Act.
How could RFE/RL offer such a contract, knowing that non-Americans
cannot appeal to American courts? Legally, they are able to do this
because the Czech Republic still has some regulations dating back to
the Communist era, which allow foreign companies to use foreign labor
laws if they don't contradict the fundamentals of the "Czechoslovak
Socialist Republic".
"From such legal chaos and agreement larceny the small "tsars" of
the Radios take advantage. It appears that at Radio Free Europe/Radio
Liberty headquarters the non-American employees, mainly broadcasters
and editors, are as unprotected against arbitrary decisions and
discrimination as their colleagues in the countries to which the Radios
broadcast, such as Turkmenistan, Uzbekistan or Azerbaijan. The methods
are different but the results are virtually the same. In RFE/RL target
countries the journalists are harassed, persecuted and forced into
silence. At the Prague main office, they are harassed and separated
from the Radios and thus forced into silence. As a result, in both
cases their listeners are barred from the familiar voices they used
to trust. RFE/RL "explains" it's=2 0policy with the philosophy of
"employment-at-will" which more clearly in America is nick-named as
the principle of "employment-at-whim". According to that doctrine the
employer can fire anyone, anytime with no reason. The difference is
that the American employees are able to protect their rights in the
courts, while the non-Americans are denied this right. After all,
one can't be amazed that several target states one by one started the
process of banning RFE/RL programs on their national frequencies. The
behavior of the Radios towards it's employees in fact is being
monitored as an example by the authoritarian governments of those
countries who also act with the philosophy of "at - will or at-whim",-
comments Anna Karapetian.
The author of the commentary on Freemediaonline Ted Lipien writes
"Legal cases against RFE/RL's employment practices have been filed
by the dismissed employees with the Czech Supreme Court, the Czech
Constitutional Court, and the European Court of Human Rights in
Strasbourg... In yet another major embarrassment for the BBG, one of
the most respected world statesmen, former Czech president and human
rights activist Vaclav Havel, promised to personally monitor the cases
of the fired employees. The PR problem created by these cases and the
damage to America's image abroad can be traced back to the actions
of a relatively small group of unelected U.S. government official s".
The plaintiffs, two foreign female employees are suing RFE/RL for
violations of their labor, civil and human (national equality)
rights, resulting from the violation of legal sovereignty of
the Czech Republic. The conclusion is one; these legal cases are
a stamp of shame, a stigma on the history of the well respected
Radio Free Europe/Radio Liberty, which have supported democracy for
decades. Regardless of what the results of the court cases will be
the serious and substantiated charges against RFE/RL are already a
tremendous blow to the reputation and the prestige of an institution
with a glorious history.
Hakob Tsulikian
AZG DAILY
12-02-2009
During the last few weeks, almost 20 American web sites and blogs
published Armenian journalist Anna Karapetian's "Open Letter to
Human Rights and Freedom of Press International Organizations". The
commentary on the letter and the letter itself appeared on the
internet pages of influencial newspapers such as the New York Times
and USA Today.
Reflecting on the "Open Letter" the editor of Freemeniaonline blog
Ted Lipien says, the Armenian journalist Anna Karapetian hopes that
the Obama Administration's plans will include the protection of the
very elementary labor rights of the foreign employees working in the
headquarters of RFE/RL, which is known as a defender of human rights
and freedom of speech. Despite the fact that RFE/RL is registered
as a private organization, it is led by the Broadcasting Board of
Governors (BBG), which is appointed by the US President and confirmed
by the Senate. Moreover, the Secretary of State is an ex officio
BBG member. This means that since January the 20th, Barak Obama's
ideological partner Hilary Clinton has been a part of the policy
making process regarding U.S. International Broadcasting.
Anna Karapetian's "Open Letter" has created an interest in the American
Media because, funded by the American congress, RFE/RL with a mission
to spread democratic values, is itself flagrantly viol ating those same
values by discriminating against its non-American employees. These
are mostly journalists who are invited from former Soviet Union,
former Yugoslavia, Afghanistan, Iraq and other target countries.
RFE/RL propagates democratic values for these undemocratic or
transitional countries with the voices of the same journalists,
who themselves have zero labor protection.
Here is what Anna Karapetian explains in her "Open Letter": "Signing
a standardized Employment Agreement "governed by the applicable laws
of the United States, the laws of the District of Columbia or the
Policies of the Company", the non-American journalists trustfully
and proudly place themselves under the protective hand of RFE/RL,
a beacon of human rights. In reality, however, they obtain about as
much legal protection as the inhabitants of Guantanamo: not in the
country of their origin, not in the host country (Czech Republic)
and not in the United States"
The management of the Radios indeed knows that from 1991 the foreigners
working for an American employer abroad are expressly, specifically
exempt from the protection provided to Americans by EEOC (Equal
Employment Opportunity Commission), and that Federal Civil Rights
Act. The 1977 District of Columbia Human Rights Act being subordinate
to US federal legislation also excludes them from protection.
Mother of three minors, Anna Karapetian only after being arbitrarily
separated from the Radios after almost 1 2 years of employment
discovered that she and more than 150 of her non-American colleagues
are exempt from the protection provided to Americans by EEOC and are
also not covered by the Fair Labor Standards Act, by the Equal Pay Act,
by the Disabilities Act, by the Family and Medical Leave Act.
How could RFE/RL offer such a contract, knowing that non-Americans
cannot appeal to American courts? Legally, they are able to do this
because the Czech Republic still has some regulations dating back to
the Communist era, which allow foreign companies to use foreign labor
laws if they don't contradict the fundamentals of the "Czechoslovak
Socialist Republic".
"From such legal chaos and agreement larceny the small "tsars" of
the Radios take advantage. It appears that at Radio Free Europe/Radio
Liberty headquarters the non-American employees, mainly broadcasters
and editors, are as unprotected against arbitrary decisions and
discrimination as their colleagues in the countries to which the Radios
broadcast, such as Turkmenistan, Uzbekistan or Azerbaijan. The methods
are different but the results are virtually the same. In RFE/RL target
countries the journalists are harassed, persecuted and forced into
silence. At the Prague main office, they are harassed and separated
from the Radios and thus forced into silence. As a result, in both
cases their listeners are barred from the familiar voices they used
to trust. RFE/RL "explains" it's=2 0policy with the philosophy of
"employment-at-will" which more clearly in America is nick-named as
the principle of "employment-at-whim". According to that doctrine the
employer can fire anyone, anytime with no reason. The difference is
that the American employees are able to protect their rights in the
courts, while the non-Americans are denied this right. After all,
one can't be amazed that several target states one by one started the
process of banning RFE/RL programs on their national frequencies. The
behavior of the Radios towards it's employees in fact is being
monitored as an example by the authoritarian governments of those
countries who also act with the philosophy of "at - will or at-whim",-
comments Anna Karapetian.
The author of the commentary on Freemediaonline Ted Lipien writes
"Legal cases against RFE/RL's employment practices have been filed
by the dismissed employees with the Czech Supreme Court, the Czech
Constitutional Court, and the European Court of Human Rights in
Strasbourg... In yet another major embarrassment for the BBG, one of
the most respected world statesmen, former Czech president and human
rights activist Vaclav Havel, promised to personally monitor the cases
of the fired employees. The PR problem created by these cases and the
damage to America's image abroad can be traced back to the actions
of a relatively small group of unelected U.S. government official s".
The plaintiffs, two foreign female employees are suing RFE/RL for
violations of their labor, civil and human (national equality)
rights, resulting from the violation of legal sovereignty of
the Czech Republic. The conclusion is one; these legal cases are
a stamp of shame, a stigma on the history of the well respected
Radio Free Europe/Radio Liberty, which have supported democracy for
decades. Regardless of what the results of the court cases will be
the serious and substantiated charges against RFE/RL are already a
tremendous blow to the reputation and the prestige of an institution
with a glorious history.