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Snjezana_Pelivan

02. 01. 12. - 13:00

02. 01. 12. - 13:00

Snjezana Pelivan asks Croatian government to support her legal claim in Strasbourg

Croatian Times

Residing in Prague Croatian citizen Snjezana Pelivan officially requests the government of Croatia to support her legal claim against the Czech Republic in the European Court of Human Rights in Strasbourg.

Snjezana Pelivan, daughter of Jure Pelivan, the first Prime Minister of independent Bosnia and Herzegovina, worked for American Radio Free Europe/Radio Liberty (RFE/RL) in Prague as marketing manager. She was responsible for the placement of RFE/RL programmes with affiliated radio stations, particularly in former Yugoslavia, non-government organisation Information Centre ICCEE has revealed to Croatian Times.

In her letter mailed to the Office of Croatian Prime Minister, Snjezana Pelivan refers to Article 10 of the Croatian Constitution:

"The Republic of Croatia shall safeguard the rights and interests of its citizens living or residing abroad. The Republic of Croatia shall guarantee particular care and protection to those portions of the Croatian nation in other countries."

In 1995, RFE/RL moved from Munich, Germany to Prague. The Radio is subordinate to the Federal agency BBG (Broadcasting Board of Governors) in Washington. BBG is appointed by the President of the United States and confirmed by the Senate. Ex officio, it includes the Secretary of State, presently Hillary Clinton. Simultaneously, BBG serves as the Board of Directors for the same RFE/RL.

In 28 languages, RFE/RL broadcasts to 21 so called "target countries", including those of the former Yugoslavia, and employs in Prague hundreds of foreign nationals. Influential BBG, which controls and directs all American non-military broadcasters abroad, informs the visitors of its website that it "makes all major policy determinations governing the operations of RFE/RL" and "provides worldwide personnel management policies, programs, and services."

Practical consequence of the BBG-designed personnel policies, writes Snjezana Pelivan, is that all foreign journalists, producers, and other specialists employed by RFE/RL in Prague, are provided with uniform work contracts based on American labour laws inapplicable to foreigners outside the United States. Such contracts strip the non-American and non-Czech personnel, i.e. the great majority in broadcasting departments, of any legal defence – be it in the United States or in the Czech Republic. American courts, which are open to Americans, are off limits to them. Czech courts, on the other hand, take inconsistent decisions as to what laws shall be used for foreigners working for RFE/RL ... In Munich, even when it was in the American zone of occupation, American RFE/RL had to abide by German labour laws.

"Pro and contra" ping pong with human fates has gone on in Czech courts for years. Presently, the case of Armenian journalist, mother of three minor children Anna Karapetian, similar to Pelivan’s lawsuit, is again in the Czech Supreme court – repeatedly, after making already two rounds in lower courts. It is the sixth time that her claim against RFE/RL will be handled by Czech judges. The case of Snjezana Pelivan has been heard four times.

RFE/RL is the largest civil American institution abroad financed by U.S. Congress via BBG. Hillary Clinton, coming to Prague, symbolically visits RFE/RL. On 26 January last year, Norman Eisen, then newly assigned American ambassador to Prague, visited the RFE/RL president even before he had handed his diplomatic credentials to the President of Czech Republic.

The Czech government, states Mrs Pelivan, does not dare to interfere with the powerful Broadcasting Board of Governors in Washington and to request an end to violation of Czech legislative sovereignty.

On air and in print, RFE/RL solemnly proclaims its official mission:

"To empower people in their struggle against violations of human rights" ... "to promote democratic values and institutions" ... "strengthen civil societies by projecting democratic values" ... "provide a model for local media…"

In reality, however, writes Snjezana Pelivan, the Czech Republic tolerates on its territory a situation, when:

"There are fewer foreign detainees placed in legal vacuum at the U.S. naval base in Guantanamo, Cuba, than foreign journalists deprived of legal protection by the U.S. Radio Free Europe/Radio Liberty in Prague."

Pelivan’s employment with RFE/EL was terminated without any preliminary warnings and any reason. Simultaneously, the RFE/RL management demanded that Snjezana Pelivan signed a letter stating that she accepted the termination and would not question it in courts. She refused. In retaliation, the American employer withheld her severance compensation for years of impeccable service. In the same fashion Anna Karapetian's contract was terminated. She was the only breadwinner in her family.

In her application to the European Court in Strasbourg, Snjezana Pelivan accused the Czech Republic, as the host country to American RFE/RL with its policies "no-rights-to-foreigners", of multiple violations of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, the violations include "prohibition of discrimination" and the "right to fair trial". Her trial was anything but fair, writes Snjezana Pelivan and provides the following example.

In her "Petition to Call the Witness" addressed to the Czech Constitutional Court, she raised the question if discriminative employment policies practiced by RFE/RL in the Czech Republic, were dictated by some political expediency. The witness suggested to the Court was Hillary Clinton, a member of BBG and RFE/RL Board of Directors. The U.S. Secretary of State was expected in Prague shortly. Czech news agency CTK and major Czech newspapers reported Pelivan’s request. Within five days the Czech Constitutional Court ruled in a five-page long decision against Snjezana Pelivan without even mentioning her request to call Hillary Clinton as a witness. No reason was given why the witness should not be heard. In a newspaper article, "Free Europe with Its Own Laws in Colonial Czech Republic?" the then Chairman of the Czech Parliamentary Subcommittee on Foreign Relations commented:

"In this matter, the Constitutional Court indeed reached a record known to me speed of entering the decision."

To illustrate the instances of national discrimination, Snjezana Pelivan brings the following example, among others:

"A foreign woman working for RFE/RL, will receive a maternity leave in accordance with RFE/RL corporate Policy Manual. It is almost three months shorter than provided by Czech law to anyone else in the Czech Republic, including Czech employees of RFE/RL. But a foreign employee of RFE/RL has no place to complain – neither to American courts, nor the Czech ones. In the sovereign Czech Republic, the American RFE/RL is the most sovereign judge in its own court without appeal."

In its ruling, the Czech Constitutional Court has accepted the virtual absence of legal protection for RFE/RL foreign employees in Prague as being "compatible with the social, state, and legal order of the Czech Republic." The Czech Republic, indicates Snjezana Pelivan, never ratified the antidiscrimination Protocol #12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Protocol is in force as of 1 April 2005. Croatia ratified it in February 2003. She quotes the official statistics: In Strasbourg, out of 158 cases against the Czech Republic tried by the European Court of Human Rights, Prague has won only five.

The Czech government is perfectly aware of the artificial legal vacuum intentionally created and maintained on Czech territory by American RFE/RL, writes Croatian citizen Snjezana Pelivan to the government in Zagreb. Already twice, on 11 June 2009 and 4 February 2010, the Czech Parliament discussed the abhorrent RFE/RL’s labour policies.

Asking the Croatian government to support her legal claim against the Czech Republic in Strasbourg, Snjezana Pelivan notes that, being a party to European Convention for the Protection of Human Rights and Fundamental Freedoms, Croatia is entitled to present to the European Court of Human Rights written comments and take part in hearings concerning its citizens.

In her letter, Snjezana Pelivan quotes Czech Senator Jaromir Stetina, Vice-chairman of the Senate caucus of the governmental coalition party TOP 09, member of the Senate Committee on Foreign Policy, Defence and Security, who branded RFE/RL labour policies in the Czech Republic as "patiently indecent, unfair, cynical and hypocritical."

In his broadly circulated Open Letter to Hillary Clinton, Senator Stetina suggested an alternative solution to the court battles scandalous for the Czech Republic:

"The ongoing ugly lawsuits should and could be stopped by the dignified peaceful resolution acceptable for all the parties involved, including the Czech Republic."

Snjezana Pelivan is, however, skeptical:

"If such an offer comes, we’ll consider it. It is just that Americans spit on this country openly and smile nicely. And Prague wipes itself dry and keeps smiling, too. Our next complaint, mine and Anna’s, will be to Geneva, to UN Human Rights Council. There, Prague and Washington together, will get a hearing and a lecture from the real experts in human rights – Cuba, Russia, Congo, China, Iran…"

Tag cloud policies  Radio  Czech  Croatian  Court  Clinton  Constitution  Pelivan  Snjezana  courts  labour  Prague  letter  Human  protection  Hillary  government  European  American  Strasbourg

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