Latvia: non-citizens' NGO struggles for recognition

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Date: Fri, 5 Jun 1998 08:34:51 +0300 (EET DST)
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Subject: Latvia: non-citizens' NGO struggles for recognition

From: MINELRES moderator <[email protected]>

Latvia: non-citizens' NGO struggles for recognition


New developments with the registration of the non-citizens'
organization in Latvia

On May 21, the Riga city Center district court considered a lawsuit
filed by the representatives of an NGO "Latvian League of Stateless
Persons" (LLSP) against the Latvian Ministry of Justice. The plaintiff
disputed denial of official registration of the LLSP. I believe the
story may well highlight pecularities of the implementation of
procedures for protecting basic rights in post-communist countries of
CEE.   

The bacground. The League of Stateless Persons was founded in February
1994. The main idea behind the establishment of the organization was
to create a legitimate representative body which could participate in
dialogue with the Latvian government on behalf of non-citizens.
Permanent residents of Latvia who according to the legislation
adopted after the restoration of independence in 1991, were not
recognized as the citizens of Latvia, made up about 1/3 of the entire
population. Obviously, no democratic procedures for representation and
participation in decision-making were available for them. Many
concerns were raised about the "exclusive democracy" emerged in
Latvia and its possible consequenses. The non-citizens' representative
body was aimed at filling this gap through establishing permanent
dialogue and exchange of opinions between the government (representing
citizens of Latvia) and
the big non-citizen population. 

In Estonia, a similar body (Representative Assembly) was established
and officially recognized by the government in summer 1993,
representatives of the Assembly were invited to take part in the
Roundtable attached to the President of
Estonia. 

NGO leaders, human rights activists, and politicians concerned with
the situation of stateless persons in Latvia took part in the
organization. According to the corresponding law then in force, all
newly established NGOs had to be registered with the special
department of the Ministry of Justice. Thus, the LLSP statutes and all
other required documents were submitted to the Ministry. However, in
April 1994 the LLSP was notified that the Ministry of Justice refused
registration. As was stated in the letter signed by then Minister of
Justice E.Levits, according to the Latvia's legislation, political
activities were the prerogative of citizens, while the LLSP encouraged
non-citizens to engage into activities of the political nature.    

The LLSP leaders strongly objected this view. According to the LLSP
statutes, they argued, the main LLSP's aims were the following: to
facilitate integration of non-citizens into Latvia's political,
economic and cultural environment (NB: this was written in 1994, not
now when all Latvian ministers used to speak about integration!); to
build constructive dialogue between the Latvian government and
resident non-citizens; to represent those residents of Latvia who wish
to become Latvian citizens; to assist non-citizens' naturalization.
The LLSP never claimed to be a political organization, supporters of
different political parties participated in its activities. Nor was it
ever declared a "Russian" organization. 

In summer-autumn 1994, the LLSP held a large-scale survey among
non-citizens about concrete persons which should be included into the
representative body. More than 40,000 people filled up the
questionnaire. On the basis of this survey, a board of 22 persons was
established (among them, 6 were ethnic Latvians and 8 - Latvian
citizens). In early 1995, new version of the LLSP statutes had been
worked out which took into account the results of the survey, as well
as some minor critical remarks made by the Minister of Justice during
his meeting with the LLSP leadership in May 1994. In March 1995 the
LLSP application was submitted for registration to the Latvian
Ministry of Justice once again. 

After long delay, in June 1995 the LLSP received a letter from the new
Minister of Justice, Mr R.Apsitis, which stated that "despite the
registration refusal the LLSP continues public activities... According
to the Latvia's legislation, residents who are not citizens of Latvia
cannot engage into political activities. The Ministry of Justice
repeatedly calls the LLSP leadership to evaluate compliance of their
activities with the Latvia's legislation and to obey Latvia's laws".  

Thus, the LLSP had no choice but to file a lawsuit. The LLSP
authorised two members of the LLSP board (Konstantin Matveev, dean of
the Law faculty of the private Baltic Russian University, and Boris
Tsilevich) to represent the LLSP in court. The main arguments of the
complaint were the following. The LLSP cannot be considered a
political organization. Latvia's legislation currently in force does
not contain any legal definition for "political activities", in the
meantime, it does contain the definition of "a political
organization": it is an organization which participates in
parliamentary elections and implements its political aims and program
through elected representatives in corresponding state institutions.
This has nothing to do with the LLSP aims and practical activities.
The stated goals of the LLSP and its activities fully comply with
general understanding of implementation of basic rights and political
freedoms which - according to both the international human rights
instruments and Latvia's national legislation - are guaranteed to
every person, regardless of his/her citizenship. The both letters from
the Ministry contain no concrete examples of the LLSP "political
activities", meanwhile, one of them speaks about "public activities" -
what is true and something different from the "political" ones.

According to the corresponding legal provision, refusal of
registration of an NGO could be contested through court within 10
days. Thus, the complaint was submitted on June 10, 1995. No special
terms are established by law for consideration of this kind of
lawsuits, thus, the general term is in force - 1 month from the day of
the submission. 

However, the LLSP never heard back from the court till January 1998,
when it received a copy of the letter signed by the deputy State
Secretary of the Ministry of Justice Mr. J.Jonass. The letter was
addressed to the Riga city Center district court and suggested to
change the defendant, for since autumn 1995 the Registry of Enteprises
- not a special department of the Ministry - is in charge for
registration of newly established NGOs.    

Finally, the court session was appointed on 21 May. It appeared that
the case could not be considered for a representative of the
Prosecutors's office did not arrive, while according to the
legislation his participation is such kind of trials is mandatory.
However, the Judge considered the defendant's request and agreed to
invite the Registry of Enteprises as a co-defendant - though the
plaintiff said he had no claims towards the Registry and was primarily
interested in the court's juridical evaluation of the Ministry's
decisions. The next
court session is appointed on 21 July. 

Since the matter is closely related to the freedom of association, the
plaintiff may submit a complaint to the European Court of HR if the
national judiciary decides the Ministry's behavior was correct. What
makes the case particularly interesting is the current position of the
both former Ministers of Justice: Mr Apsitis is now a member of the
Latvian Constitutional Court, while Mr Levits - a member from Latvia
in the European Court of Human Rights. 

I will inform you about the further developments with this case. 

Boris

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