Re: FM Alert, Vol. II, No. 1


Date: Fri, 09 Jan 98 20:43:01 -0500
From: MINELRES moderator <[email protected]>
Message-Id: <[email protected]>
To: "[email protected]" <[email protected]>
Subject: Re: FM Alert, Vol. II, No. 1

From: MINELRES moderator       \ Internet:    ([email protected])

Re: FM Alert, Vol. II, No. 1
 

FM Alert, No. 1 of 5 January 1998 reported the following: 
      
> BALTIC STATES CONSIDERING CITIZENSHIP/NATURALIZATION MOVES

> ..........
> In Latvia, the government has reduced waiting periods for
> naturalization exams. The waiting period  for the language test -- a key
> component for naturalization -- was cut to three months from six. 

According to Art.6 of the Regulations on procedure of examinations for
persons who desire to obtain Latvian citizenship through naturalization 
(amended by the Cabinet of Ministers on 25 February 1997), the date for the
language test must be appointed within two months from the day when an
applicant has submitted all required documents, but the second test (on
Latvian basic legislation, anthem and history) - within two months after
he/she has successfuly passed the language test. 

> Those who do not initially pass the test on history and constitutional 
> provisions can retake it after waiting one month. 

According to the Art.9 of the same Regulations (as amended on 20 December
1997), an applicant who fails can re-take the language exam not earlier than
in three months, but the legislation/history test - in one month, indeed. 

> In addition, the government has decided to cut naturalization fees in half
> to about $15. 

According to Art.2 of the new Regulations on the naturalization application
submission fees (adopted by the Cabinet of Ministers on 2 December 1997),
the fee is 30 lats (1 Latvian lat = 1,7 US $). Persons who were politically
repressed under previous regimes, first group disabled persons, as well as
orphans are exempted from the fee (Art.4). Retired persons, second group
disabled, students of schools and professional schools must pay only 15 lats
(Art.3). Besides, according to Art.5, the Head of the Naturalization Board
has the right to reduce the fee for those applicants whos family income is
under the minimum subsistence level (the fact must be certified by the
corresponding institutions).   

Generally, the measures taken can hardly substantially influence the
naturalization process, for the citizenship law itself contains the main
"brakes" - first of all, the so called "naturalization timetable" which
prevents persons who meet all naturalization criteria from applying. 

I wonder what colleagues from Estonia think about the draft amendment on
granting citizenship to kids born in Estonia. In Latvia, similar move is
discussed, but no draft amendment has been submitted so far. I believe that
this move can be hardly considered a gesture of good will - rather this
would be simply an implementation of several basic human rights provisions
which guarantee every child the right to citizenship from birth: Convention
on the Rights of the Child, ICCPR, also 1961 Convention on the Reduction of
Statelessness - Latvia (but not Estonia) is a state party to this Convention
. According to the data of the Latvian Citizenship and Immigration Board,
over 19,000 babies whos both parents have no citizenship other than "former
USSR" born in Latvia after restoration of independence - thus, these babies
are stateless. Should this fact be considered a violation of their rights?
Any comments?   

Boris
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