Minority issues in Latvia, No. 18

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Subject: Minority issues in Latvia, No. 18

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Minority issues in Latvia, No. 18


Minority issues in Latvia, No. 18
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
August 11, 2000

 
Regulations of the Cabinet envisaged by the State Language Law have
been re-worked

The Ministry of Justice of Latvia has made public a new version of the
draft Regulations of the Cabinet of Ministers on the implementation of
the State Language Law. Nine these regulations must be adopted before
1 September 1, 2000 (see Minority issues in Latvia, No. 17). The
Ministry was forced to re-work these Regulations after the wave of
critisism from the OSCE, the Latvian National Human Rights Office and
several actions of public protest against Latvian authorities'
language policy. In particular, the National Human Rights Office
recommended to re-write the regulations completely, because they ran
counter to the Satversme (Constitution) of Latvia.
 
However, changes in the new version of the draft sent to the OSCE High
Commissioner on National Minorities for his review, are minimal.
Introduction of 6 categories of the state language knowledge, instead
of existing 3 categories, remain also in the new version. "3B"
category (the highest one) now does not require that a person must
know Latvian at the level "equal to mother tongue", but requires
ability to "hold a conversation in different styles", to use different
"means of linguistic expression". This category now is not required
for media staff, but on the other hand, is made mandatory for all
lawyers (in the previous version, only barristers, notaries,
prosecutors and judges were mentioned). If the state language
proficiency certificate is lost or stolen, it can be renewed during
the next 6 months after the examination. If it is lost or stolen
later, a person must pass the examination again.

On August 7, evaluation of the draft regulations by the OSCE High
Commissioner on National Minorities Max van der Stoel were received.
He recommends to re-work once again 6 drafts out of 9. The OSCE
experts "have come to conclusion that several of the Regulations do
not conform with the State Language Law, nor, indeed, to the relevant
provisions of the Constitution of Latvia and the international
standards which have been incorporated in the State Language Law". For
example, Mr. van der Stoel "has deep concern that the requirements of
near native-language proficiency stipulated for level "3B" would
exceed proportionality for any public interest conceivable in relation
to virtually any profession or position". The High Commissioner
considers also that "stipulation that additional use of the state
language would be obligatory at any international event at which
persons representing the Latvian state take part does not follow from
a legitimate public interest and, moreover, the burden of translation
due to the participation (in a non-state event) of possibly one state
representative would be disproportionate to any such interest". The
same is told about the requirement to provide translation at cultural
public events, organised by private persons. Mr. van der Stoel affirms
that "there is no legitimate public interest which might justify
requirement for private entities to create their names in a particular
language". He also points out that "there is no evident need
(administrative or otherwise) in a democratic society for
Latvianization of one's name... The system of Latvianization, even
alongside transliteration, would not satisfy the standard of official
recognition and use of one's name as stipulated in Article 11(1) of
the Council of Europe's Framework Convention for the Protection of
National Minorities".
 
According to the latest information in Latvia's media, recommendations
of the High Commissioner are taken into account only to a limited
extent. 6 categories, requirements for personal names' Latvianization
and transliteration, and several other doubtful provisions will remain
in the draft. On the other hand, some requirements have been amended
or suspended (in particular, NGO leaders will not be demanded to
possess the highest "3B"category of the state language command; lost
state language proficiency certificate can be renewed during one year
after the examination, instead of 6 months). The new version of the
draft also will be sent to OSCE again.

 

Ls 100 (USD 170) for language mistakes
 
Victor Yolkin, chairman of the Latvian Youth Club (minority youth NGO)
has been fined for "incorrect usage of the state language". The
Latvian Youth Club has displayed publicly information about its
activities aimed at fighting crime at community level, and calling all
residents of Latvia to engage into this NGO's efforts to stop drugs
proliferation and street crime. The text originally written in Russian
was provided with the Latvian translation, according to the language
legislation of Latvia currently in force. As professional translation
in Latvia is very expensive, the information was translated by members
of the NGO (as the NGO leaders claim, those of Latvian ethnic origin).
The State Language Inspection held expertise of the text, and expert
ffrom the Latvian Language Institute found more than 10 grammar and
style mistakes in the translation (one A4 format page). After the
State Language Inspection had received the expert's conclusions, it
decided to fine Victor Yolkin for incorrect translation. Sum of the
fine, Ls 100 (approximately USD 170), is the highest one provided by
law for "incorrect usage of the state language".


 
Anti-Semitic article in business magazine
 
The monthly business magazine "Kapitals" ("Capital") defined the
subject of its issue No. 8, 2000 as "Jews rule the world". In the
article with the same name, as well as in the commentary by the
editor-in-chief Guntis Rozenbergs, Jews were named "Zhids" - a word
traditionally used in Latvian language, along with "Ebrejs" which came
into Latvian later. However, the former name is perceived as insulting
by many Jews. Jewish NGOs, as well as Israeli and American embassies
in Latvia, voiced protests against this publication. The magazine's
editor-in-chief had to resign immediately. The case is now under
investigation by the Constitution Defence Office (secret service).

 

New publication on human rights in Latvia
 
We remind that the Latvian Center for Human Rights and Ethnic Studies,
a member of the International Helsinki Federation for Human Rights,
has just published an overview of human rights in Latvia covering the
first six months of 2000. The entire text of the report (44 Kb in .doc
format) can be obtained from MINELRES by request.
 

Alexei Dimitrov
Latvian Human Rights Committee (F.I.D.H.)

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