VZCZCXRO9376
RR RUEHLN RUEHVK RUEHYG
DE RUEHDBU #1067 2260942
ZNR UUUUU ZZH
R 130942Z AUG 08
FM AMEMBASSY DUSHANBE
TO RUEHC/SECSTATE WASHDC 0913
INFO RUCNCIS/CIS COLLECTIVE

UNCLAS DUSHANBE 001067 
 
SIPDIS 
 
DEPT FOR SCA/CEN 
 
E.O. 12958:  N/A 
TAGS: OIIP KDEM PHUM KPAO TI
SUBJECT:  RADIO FREE EUROPE/RADIO LIBERTY FACES ADDITIONAL 
LAWSUIT OVER SLOPPY HUMAN RESOURCES PRACTICES 
 
REF: (A) 08 DUSHANBE 1053 
     (B) 08 DUSHANBE 940 
 
¶1. (SBU) Summary: On August 12, CAO met with Sayfiddin 
Dostiev (pen name Sayofi Mizrob), a former RFE/RL employee 
who said he has filed a lawsuit accusing RFE/RL of 
violating Tajik labor law. After a follow-up conversation 
with RFE/RL Tajik Service Director Rod Shahidi, CAO 
confirmed that, contrary to Shahidi's prior 
representations, RFE/RL continues to violate local labor 
laws.  The organization's human resources errors leave 
RFE/RL vulnerable to censure by the Tajik government, and 
threaten its operations in Tajikistan. End Summary. 
 
¶2. (SBU) Dostiev, who had worked as a freelancer for RFE/RL 
since 1995, said that RFE/RL presented him with a new 
employment contract in April 2008 that did not comply with 
the local labor code, particularly in relation to overtime 
work and annual leave. He was also upset that the contact 
included a three-month probation period, even though he had 
been an RFE/RL freelancer for 13 years. 
 
¶3. (SBU) Dostiev did not sign the contract, and he said he 
brought the discrepancies to RFE/RL's attention in April. 
In a June 23 e-mail to Dostiev (which Dostiev showed to 
CAO), Shahidi wrote that "I assumed that by taking your 
vacation pay....you have accepted the employment contract." 
Shahidi, however, admitted that he continued to pay Dostiev 
as a freelancer, despite his prior e-mail indicating that a 
new employment contract had come into effect, creating a 
legal issue around Dostiev's employment status. Dostiev 
said that Shahidi told him to "sign the contract or don't 
sign it, but you will work under this contract." 
 
¶4. (SBU) In a phone conversation, Shahidi confirmed to CAO 
that several RFE/RL employees are currently working under 
non-compliant contracts, despite the fact that he had 
earlier told EmbOffs that RFE/RL had resolved such issues 
(reftel A).  He said that a revised contract is being 
translated from English, and has not yet been presented to 
RFE/RL's employees. 
 
¶5. (SBU) Dostiev resigned on July 10 and held a press 
conference criticizing RFE/RL for negative reporting and 
labor code violations (reftel B).  He said that he filed a 
lawsuit against the organization on August 10, but he 
refused to show CAO a copy of the lawsuit.  He also would 
not allow CAO to make a copy of his employment contract, 
saying the prosecutor told him that "official documents" 
must not be distributed.  CAO repeatedly asked why he had 
continued to work for RFE/RL for such a long time if he was 
so dissatisfied with the working conditions.  He replied 
that he was very busy nursing a sick uncle. 
 
¶6. (SBU) Comment: Dostiev does not have a good reputation 
in Tajikistan, and there are many questions about his 
motives.  He seems to be manipulating certain aspects of 
the case by exaggerating claims that his human rights were 
violated. The timing of his actions is suspicious.  Despite 
these questions, RFE/RL has opened itself up to scrutiny by 
failing to get its administrative house in order.  Dostiev 
has given the Tajik authorities a basis upon which to 
disrupt RFE/RL's operations, and Shahidi appears to have 
weakened his position and taken contradictory - and 
possibly unlawful - stances.  Post has warned Shahidi that 
he and RFE/RL management must take control of every aspect 
of the station's operations to ensure no further 
complications arise that could result in RFE/RL's closure 
in Tajikistan (reftel A).  We hope that Shahidi has taken 
this message to heart.  End comment. 
 
JACOBSON