Minority issues in Latvia, No. 48
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Subject: Minority issues in Latvia, No. 48
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Minority issues in Latvia, No. 48
Minority issues in Latvia, No. 48
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
April 15, 2002
Content
- Ingrida Podkolzina wins the first case against Latvia in the ECHR
- Draft "language amendments" to the Constitution adopted in the
second reading
- Naturalisation to be resumed
- The Cabinet of Ministers considers language restrictions for some
professions
- 600,000th passport of non-citizens � an occasion for celebration?
- Doubtful survey conducted by young nationalists
- Minority youth will collect signatures in support of education in
mothertongue
- "Diena": Russian-language press does not promote integration
- politika.lv: on the way to "two-community society"
- Pro-minority coalition awards authors of the best essays about
integration
- LCHRES: integration and minority information available via e-mail
Ingrida Podkolzina wins the first case against Latvia in the ECHR
-----------------------------------------------------------------
The European Court of Human Rights has held that there was a violation
of the right to free elections in the case of Podkolzina v. Latvia.
The judgement was communicated in writing on April 9.
Mrs Podkolzina, a resident of Daugavpils (the second biggest city in
Latvia), was a deputy candidate from the People's Harmony Party (the
pro-minority coalition "For Human Rights in United Latvia") at the
parliamentary elections held in October 1998. On August 21, 1998 the
Central Electoral Commission struck off Mrs Podkolzina from the
electoral list on the basis of currently heatedly debated provision of
the Election Law - because of "insufficient state language
proficiency". The decision was taken after the State Language Centre
issued the reference that Mrs Podkolzina's state language proficiency
did not correspond to the third (highest) level of the state language
proficiency. The reference was based on the results of examination
held by a state language inspector on August 7, 1998, despite Mrs
Podkolzina did possess a required valid state language proficiency
certificate of the third (highest) level.
On August 31, 1998 the Riga District Court dismissed the complaint of
the People's Harmony Party on Podkolzina's case. This decision was
ultimate and came into force from the date of its pronouncement.
According to the views of Mrs Podkolzina and her representatives -
member of the Latvian Human Rights Committee Ilga Ozisha and British
barrister, professor William Bowring, this was a violation of Article
3 of the Protocol No. 1 to the European Convention on Human Rights
(the right to free elections). Besides, it constitutes also
discrimination on the basis of language in respect of the subjective
right to stand for election (article 14 of the European Convention)
and violation of the right to an effective remedy (article 13).
The Court found that the purpose of the legislation on parliamentary
elections barring citizens without an advanced degree of proficiency
in the national language from standing for election was to ensure the
proper functioning of the Latvian institutional system. It added that
it was not for the Court to determine the choice of the working
language of a national parliament, as that choice was dictated by
historical and political considerations and, in principle, was
exclusively for the State concerned to determine. At the same time the
applicant held a valid language certificate in due form that had been
issued by a standing committee following an examination. The standing
committee had deliberated and had followed objective marking criteria
and a set of rules when voting. Although the Latvian authorities had
not contested the validity of that document, the applicant had
nonetheless been required to sit a further language examination. The
Court also expressed surprise that, according to the applicant in an
account that was not disputed by the Government, the official had
questioned the applicant about the reasons for her political
affinities.
The Court held unanimously that there had been a violation of Article
3 of the Protocol No. 1. It also found it unnecessary to examine the
complaint under Article 13 and 14 separately. The Court awarded the
applicant 7,500 EUR for non-pecuniary damage and EUR 1,500 for legal
costs and expenses (see the press-release by the Registrar at
http://www.echr.coe.int/Eng/Press/2002/apr/PR%20Podkolzina%2009042002E.htm,
the text of the judgment is available only in French at
http://hudoc.echr.coe.int/hudoc/ViewRoot.asp?Item=18&Action=Html&X=413161218&Notice=0&Noticemode=&RelatedMode=1
).
Reactions towards the judgment were extremely different in Latvia. The
biggest Latvian-language daily "Diena" ("The Day") published the
information on the first page under the headline "ECHR acquits
Latvia's language policy", amd argued that the Court "has recognised
the legal basis for the election law" and that it "has dismissed
complaints under Article 13 and 14" ("Diena", April 10). The
Russian-language daily "Vesti Segodnya" ("The News Today") claimed
that the ECHR has ruled that Latvia had to amend the election
legislation and to abolish the language requirements for deputy
candidates ("Vesti Segodnya", April 10,
http://www.cm.lv/index.php3?br=$br&g=2002&m=04&d=10&w1=r&r=2&w2=p&pub=002#banner).
The President of Latvia Vaira Vike-Freiberga said she did not intend
to change her standpoint on the need to amend the election laws
("Diena", April 10). The Prime Minister Andris Berzinsh declared that
the election legislation must be amended in the nearest future
("Latvijas Vestnesis" ("The Latvian Herald"), April 11). MP Kristiana
Libane ("The Latvian Way") affirmed that her party was ready to amend
the election legislation, but would propose that information about a
candidate's Latvian language proficiency be included in the data file
given about the candidate. This marks the crucial change of this
ruling coalition party's attitude towards the issue.
In the meantime, MP Guntars Krasts from anotner coalition party "For
Fatherland and Freedom" believes that the only thing to be done after
the ECHR judgment is to align legislation so that a person whose
language skills are questioned could appeal such a ruling ("Diena",
April 11). So, the parties of the government have not arrived at a
common opinion with regard to changes in the election legislation.
We remind that the UN Human Rights Committee also found violation of
Article 25 in conjunction with Article 2 of the International Covenant
on Civil and Political Rights in the similar case of Ignatane v.
Latvia (see Minority issues in Latvia, No. 34,
http://racoon.riga.lv/minelres/archive//08132001-10:18:44-14805.html).
We covered the developments which followed publication of these views
in a mumber of previous issues of our newsletter.
Our commentary
The Latvian Human Rights Committee (F.I.D.H.) welcomes the judgment in
the Podkolzina case - the first judgment on the merits delivered by
the European Court of Human Rights regarding Latvia.
We are astonished by misinterpretations of the judgment in the case.
It is hard to believe that the ruling about human rights violation can
be presented as "the victory of the state", because "the Court has
recognised the state's right to determine the choice of the working
language of a national parliament" - as the judgment was interpreted
in almost all Latvian-language media. It goes without saying that in
no way did the complaint put this right in question. Interpretations
of the judgement in Latvian media clearly indicate the very low level
of knowledge about modern European system of the protection of human
rights in Latvia's society.
In our view, the Court neither ruled that the state language
requirements for deputy candidates are in compliance with the European
HR Convention nor recognised them as a violation. The Court did not
evaluate this provision of the domestic legislation, as there was no
need to do it. The state must decide itself how to prevent similar
violations in the future. This is very useful in practical terms, for
will undoubtedly provoke broad public debate about the nature and
application of the principles of human rights in Latvia.
In the meantime, a clear attitude of the Court towards the very idea
of restricting the right to be elected on the basis of language
proficiency might create an important precedent.
Draft "language amendments" to the Constitution adopted in the second
---------------------------------------------------------------------
reading
-------
On April 10, the Saeima (Parliament) at its extraordinary plenary
meeting adopted amendments to the Constitution "aimed at strengthening
the status of the state language" in the second reading (see Minority
issues in Latvia, No. 47,
http://racoon.riga.lv/minelres/archive//04022002-12:00:04-3735.html).
76 MPs voted for the amendments, 12 MPs (the pro-minority faction "For
Human Rights in United Latvia" - "HRUL") voted against, 2 MPs
abstained.
Wording of the adopted amendments slightly differs from the one
adopted in the first reading. For example, every MP is obliged to
swear to "strengthen Latvia's sovereignty and the Latvian language as
the sole state language" instead of "defend Latvia's sovereignty and
state language". Stiil, the aim of the amendments no doubt remains the
same � i.e. to "compensate" for the anticipated abolition of the state
language requirements for deputy candidates.
Naturalisation to be resumed
----------------------------
Commission of the Ministry of Justice established with the aim to
investigate the circumstances of alleged "purchase" of the Latvian
citizenship did not find any substantial violations in the
naturalization procedure in the Naturalization Board. The commission
has also recommended to resume the procedure of approving lists of the
newly naturalised citizens and issuing citizens� passports. It was
suspended in February because of the suspicion that the Latvian
citizenship could be bought (see Minority issues in Latvia, No. 44,
http://racoon.riga.lv/minelres/archive//02192002-18:42:09-3205.html).
The next six lists of the naturalised persons are to be approved on
April 16.
However, the Citizenship Committee of the Saeima is not satisfied with
the results of the examination. It decided to invite the Minister for
Justice Ingrida Labucka and Head of the Naturalisation Board Eizhenija
Aldermane to the next meeting of the Committee and to ask the Cabinet
to hold a new examination in the Board. MP Palmira Lace even demanded
resignation of Mrs Aldermane. The MPs state that the check carried out
by the Ministry of Justice was "formal" and did not prevent bribery in
future (BNS, April 10,
http://www.delfi.lv/news/national/politics/article.php?id=2982892).
The Cabinet of Ministers considers language requirements for employees
----------------------------------------------------------------------
in private sphere
-----------------
On April 11, state secretaries of Latvia's ministries agree upon new
amendments to the Regulations of the Cabinet on Proficiency Degree in
the State Language Required for the Performance of the Professional
and Positional Duties and the Procedure of Language Proficiency Tests.
The amendments will enter into force after approval by the Cabinet.
The amendments make more precise the state language proficiency
reguirements for executive directors of local governments and heads of
municipal institutions, what can be misinterpreted because of current
wording of the Regulations. Besides, the amendments establish the
level of the state language proficiency for several other professions,
e.g. hairdresser or shop assistants. Now this level is established
only for those hairdressers of shop assistants who work at the state
or municipal enterprises, not in private sphere (the newspaper "Chas"
("The Hour"), April 12,
http://www.chas-daily.com/win/2002/04/12/l_076.html).
Our commentary
In fact, part of the amendments duplicate the draft amendments to the
law "On Local Governments" suggested by the radical nationalists (see
Minority issues in Latvia, No. 47,
http://racoon.riga.lv/minelres/archive//04022002-12:00:04-3735.html).
Amendments to the Regulations might make the amendments ti the law
unnecessary. In the meantime, extension of the language requirements
in private sphere requires serious analysis of whether these
amendments are indeed substantiated by the legitimate public interest,
as stipulated by the State Language law.
600,000th passport of non-citizens � an occasion for celebration?
-----------------------------------------------------------------
On April 10; the Board on Citizenship and Migration Affairs organised
a ceremonial issuance of the 600,000th passport of Latvia's
non-citizen. These so cqlled "violet" (colour of the cover) passports
are issued to non-citizens of Latvia (citizens of the former USSR who
have neither Latvian nor any other state's citizenship) since April
1997 ("Chas" ("The Hour"), April 11,
http://www.chas-daily.com/win/2002/04/11/l_050.html).
Our commentary
In our view, it is quite blasphemous to celebrate issuance of the
non-citizen's ID. 22,3% of Latvia's permanent residents, or 523,095
persons are non-citizens today, 99,4% of them are persons belonging to
national minorities. At the same time, the citizenship of Latvia
through naturalisation procedures has been granted to 49,998 persons
in 7 years and 1 month (see data at
http://www.np.gov.lv/fakti/index.htm and
http://www.np.gov.lv/fakti/statistika.htm).
Doubtful survey conducted by young nationalists
-----------------------------------------------
Nationalistic Latvian youth organisation "All for Latvia" has reported
about the results of the survey held by this organization. 1,000
Latvian schoolchildren and students in Riga were surveyed on different
questions, the main theme being ethnic issues, attitude towards drug
addicts and gays
(http://www.latvians.lv/article.php?sid=179&mode=thread&order=0&thold=0).
Common conclusions have been drawn on teh basis of the results. It was
stated, that "youth can have its own opinion about topical issues,
what can be different from the policy realised by ruling circles". The
original idea of the organization � lack of patriotic education causes
cosmopolitanism - was present in the commentary too. As youth is
cosmopolitanic, it accepts the idea of leaving for a foreign countries
easily. Commenting on the question about the ethnicity of criminals,
the commentary runs as follows: "the answers... show, that while young
people do see, that majority of criminals are Russian-speakers, but
are stating, that criminal activity is not connected to the
ethnicity... But we are to be bold enough to understand, that people
with non-Latvian surnames do commit crimes more often".
This survey was commented by director of the Latvian Centre on Human
Rights and Ethnic Studies Dr Nils Muizhnieks, who said, that cannot
consider this survey as scientific. The way some questions are asked
makes him doubt if this survey indeed represents opinion of Latvia's
youth about ethnic issues
(http://www.delfi.lv/archive/print.php?id=2933150).
Minority youth will collect signatures in support of education in
-----------------------------------------------------------------
mothertongue
------------
As leader of the "Youth Union for Human Rights in United Latvia" Ivan
Stalnoy said to the Russian-language daily "Vesti Segodnya" ("The News
Today"), March 28
(http://www.cm.lv/index.php3?br=$br&g=2002&m=03&d=28&w1=r&r=1&w2=p&pub=007),
the organisation will start collecting signatures in schools and
high-schools. The topic of the survey is: "Do you want to study in
your mothertongue?". Stalnoy is sure that more than 80% of pupils and
students will support the idea of learning in the native language.
Mass media will participate in the campaign too, informing society
about the results. The survey will be finished in the middle of
summer.
Meanwhile, the LNT news reported on March 28, that the biggest part of
minority secondary schools are ready for the transition to the Latvian
language of instruction in 2004, as all preconditions have been
created. Representatives of the Ministry of Education reported that
the problems could arise in those schools which did not prepare
themselves. The pupils will not have problems at all, but teachers
could have some. According to the information of the ministry, 60% of
schools are ready for the transition, 30% will be ready before 2004.
(LNT News, http://www.tvnet.lv/onlinetv/lnt/index.php?id=988473).
Our commentary
In our view, if the survey initiated by the "Youth Union HRUL" is
diligently organised, it can show the attitude of schoolchildren
themselves towards "the problem 2004". We hope that the mistakes made
by the movement "All for Latvia" will not be rehearsed by the
pro-minority organisation, and that the opinion of the schoolchildren
will be taken into account by the Latvian law-makers.
"Diena": Russian-language press does not promote integration
------------------------------------------------------------
Daily "Diena" ("The Day") published on April 12 the commentary
"Dialogue of Russians: the new page" written by Dmitry Nikolayev,
leader of tiny NGO "Russians of the West" and member of the Board of
the Society Integration Foundation. Mr Nikolayev comments on the
Russian-language media in Latvia and its role in the integration of
the society. The author claims that "the mass media, such as "Vesti
Segodnya", "Chas", "Vesti", provide open support to "HRUL" and give
only a one-sided reflection of the integration process in Latvia". He
states that the Russian-language press, hiding behind the statement
that this is what readers, viewers or voters want, continuously foment
tensions and general dissatisfaction by skilfully using stereotypes
regarding Latvians and national minorities. Mr Nikolayev believes that
the main goal of the Russian-language press is consolidation of voters
around "HRUL". He concludes that the stance of the Russian-language
press masks topical political and social problems and is not aimed at
building a political nation.
Our commentary
In our view, the criticism expressed in the article has much to do
with the "conspiracy theory". Indeed, the coalition "For Human Rights
in United Latvia" (HRUL) remains the only serious political party to
declare the protection of national minorities a priority, and does a
lot in this field in practice. Before 1998, "HRUL" was not a
consolidated political force, it was created by three different
political parties with the aim to strengthen minority protection at
the parliamentary level.
In turn, Mr Nikolayev is a member of the ruling party "The Latvian
Way", what perhaps can explain his appointment as a member of the
Board of the Society Integration Foundation. The only idea suggested
so far by the "Russians of the West" was compilation of the "Registry
of Russian taxpayers" (see Minority issues in Latvia, No. 43,
http://racoon.riga.lv/minelres/archive//02052002-09:04:27-1978.html).
However, no activity followed the declaration of intent.
In fact, the publication articulates the controversy leading Latvian
parties are facing. For the time being, they refused to engage in real
cooperation with minority-based parties, and are looking for various
pretexts to justify this refusal from a dialogue. In the meantime, it
is getting more and more apparent that no integration is possible
without such a dialogue. So, the dilemma "no dialogue - or dialogue
with a partner I don't like" still remains to be resolved.
politika.lv: on the way to "two-community society"
--------------------------------------------------
The article titled "On the way to two-community society" is published
at the portal www.politika.lv by social anthropologist Klavs
Sedlenieks (http://www.politika.lv/index.php?id=102804&lang=lv).
"Creation of a political one-community society does not guarantee
emergence of ethnically and linguistically one-community society", the
author states, "If political equality can promote further ethnic and
linguistic alienation of different groups, than the question of
political equality must be solved extremely carefully". Recognizing
information exchange between the communities as the basis for
integration, Mr. Sedlenieks considers language as the main tool of
such exchange. "The positions of the Latvian language in the public
sphere are strengthened, but cannot yet be considered as dominating",
as the scholar puts it. The author notes, "I would like to believe
that the desire to engage in the political processes � to obtain
citizenship and to get elected � is not among the most important
reasons why to learn Latvian. But if it is, then amendments to the
laws which would reduce such desire, would really lead to formation of
the two-community society".
Our commentary
In our view, the article is controversial and contains several
incompatible statements, but well illustrates the discourse widely
accepted in Latvia. The article clearly demonstrates that the
political equality is not perceived as a goal and value itself. The
problem of political equality is evaluated not in terms of full and
effective incorporation of ethnic minorities into the political life
but rather in terms of tight control over them. The motivation of
minorities to integrate is viewed as non-political by its nature (and
is supposed to be such), and thus their participation in
nation-building is perceived as not only unwelcome, but even dangerous
to the society.
Pro-minority coalition awards authors of the best essays about
--------------------------------------------------------------
integration
-----------
On April 13, the Coordination Council of the pro-minority coalition
"For Human Rights in United Latvia" awarded authors of the best essays
about integration submitted to the competition (see Minority issues in
Latvia, No. 46,
http://racoon.riga.lv/minelres/archive//03182002-19:44:34-4063.html).
Teachers and schoolchildren from both Latvian-language and minority
schools have written about 50 essays. It is interesting that while
most of vinners among schoolchildren represent minority language
schools, majority of awarded teachers come from the Latvian-language
schools.
As a rule, teachers mention examples of successful integration in
their works. However, chairman of the adjudicators MP Dr Paed Jakov
Pliner is worried about the fact that a few essays described clear
assimilation of minority children. According to Mr Pliner, it means
that assimilation is often imposed in education.
LCHRES: integration and minority information available via e-mail
-----------------------------------------------------------------
The Latvian Centre for Human Rights and Ethnic Studies launched new
project "Integration and minority information service" in the
beginning of April. The project includes daily analysis of articles
about national minorities and integration in Latvia's press. Summary
of the articles translated into English are sent to any interested
person. For subscription, contact Dace Lukumiete
([email protected]). We thank the Latvian Centre for Human
Rights and Ethnic Studies for its valuable work. Its results were used
during preparation of this issue of our newsletter.
----------------
Compiled by:
Alexei Dimitrov
Tatyana Bogushevitch
Yuri Dubrovsky
==============================================================
Minority issues in Latvia
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