Minority issues in Latvia, No. 36

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Subject: Minority issues in Latvia, No. 36

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Minority issues in Latvia, No. 36


Minority issues in Latvia, No. 36
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
September 28, 2001
 

Ratification of the Framework Convention still discussed
 
On September 18, the Centre of Information and Documentation of the
Council of Europe in Riga held a discussion about the Framework
Convention for the Protection of National Minorities (FCNM) and its
possible ratification by Latvia. The FCNM was signed by Latvia in
1995, but has not yet been ratified. Several draft ratification bills
submitted by the pro-minority parliamentary faction "For Human Rights
in United Latvia" were rejected.

Before the discussion different political parties were asked to
express their opinion on the FCNM ratification. One of the ruling
parties, radical nationalistic "For Fatherland and Freedom", declared
that the ratification is not necessary, because it is not "a necessary
precondition for Latvia's membership in the European Union". Two other
ruling parties, "The Latvian Way" and the People's Party, proposed to
ratify the FCNM with reservations and declaration that persons
belonging to national minorities in Latvia are only the citizens of
the state. Approximately 23% of Latvia's residents are non-citizens,
i.e. persons who came to Latvia during the Soviet period, and their
descendants (the newspaper "Vesti Segodnya" ("The News Today"),
September 19,
http://www.cm.lv/index.php3?br=$br&g=2001&m=09&d=19&w1=r&r=2&w2=p&pub=004#banner
). 
See also "RFE/RL: Latvia Discusses Ratification of Ethnic Minorities
Convention" (
http://racoon.riga.lv/minelres/archive//09212001-15:36:04-2339.html ),
as well as comments of Alan Phillips, vice chair of the Advisory
Committee on the Framework Convention for the Protection of National
Minorities 
( http://racoon.riga.lv/minelres/archive//09232001-17:10:31-13817.html
). 


Two minority MPs may be summoned to the Prosecutor's Office
 
A session of the EU - Latvia Joint Parliamentary Committee took place
in Riga on September 16-17. During this meeting two MPs from the
pro-minority parliamentary faction "For Human Rights in United Latvia"
Miroslav Mitrofanov and Juris Sokolovskis distributed a list, where
the Framework Agreement signed in Macedonia on August 13 (see at
http://www.president.gov.mk/eng/info/dogovor.htm) was compared to the
provisions of Latvia's legislation in the field of minority rights.
There was a phrase at the end of the list: "Possible conclusion:
civilised behaviour is not welcomed?". As the Prime Minister Andris
Berzinsh stated, the Prosecutor's Office must evaluate, whether
distribution of the comparative analysis is not a call to violence
(the newspaper "Vesti Segodnya" ("The News Today"), September 24,
http://www.cm.lv/index.php3?br=$br&g=2001&m=09&d=24&w1=&w2=p&pub=010#banner
).


The complaint on "language quotas" in audiovisual media dismissed
 
The Constitutional Court has dismissed the complaint of Mr. Vladimir
Gurov, owner of the private media holding "Business & Baltia". Mr.
Gurov had asked the Court to declare Section 19 para. 5 of the Radio
and Television Law unconstitutional. According to this provision, the
broadcasting/telecasting time in languages other than the state
language (i.e. Latvian) should not exceed twenty-five percent of the
total broadcasting time on private radio and TV channels (see Minority
issues in Latvia, No. 34,
http://racoon.riga.lv/minelres/archive//08132001-10:18:44-14805.html).
The Court decided that all other remedies are not exhausted, and
dismissed the complaint on the procedural reasons. In our view, this
provision of law can hardly be applied in the case, because the
plaintiff questioned the very provision of the law, not the
implementation of the provision in a specific case. Thus, the
Constitional Court is the only judicial body entitled to consider the
complaint of the kind. It should be also mentioned that the Law on the
Constitutional Court allows to consider on the merits also
applications where the plaintiff have not exhausted all other
available legal remedies - if these complaints are related to issues
"generally important" for the public. Apparently, the judges of the
Constitutional Court do not consider undue restrictions of minorities'
freedom of expression a "generally important" issue. 

Apparently, the plaintiff will have now to apply to the court of
general jurisdiction - in order to exhaust other legal remedies - and
then may re-address the Constitutional Court at some stage.    


Latvian language training courses for naturalisation applicants
 
The Head of the Naturalisation Board Mrs. Aldermane has informed that
2000 non-citizens, who do not speak the Latvian language, will have a
possibility to attend language courses free of charge. The program is
financed by the governments of the USA, Sweden and Norway (approx.
$216,000). Usually the language training courses are quite expensive
in Latvia, and low-income persons, as a rule, cannot afford attending
them. Thus, the possibility offered by the Naturalisation Board is
very valuable. The Board has also established a telephone line, where
everyone can receive all necessary information on the naturalisation
free of charge (the newspaper "Vesti Segodnya" ("The News Today"),
September 20,
http://www.cm.lv/index.php3?br=$br&g=2001&m=09&d=20&w1=r&r=1&w2=p&pub=013#banner
).


Competition for drafting the De-Colonisation Law announced by
notorious extreme group

We have already reported about the "Vieda" publishers' competition for
students and schoolchildren "The way to the new world or the real
nationalism and true culture � the only guarantee of the Latvians'
survival and development". The book of nationalistic compositions sent
to the competition was published by the "Vieda" (see Minority issues
in Latvia, No. 33,
http://racoon.riga.lv/minelres/archive//08032001-09:37:54-21727.html).
Now the publishing house has announced a new competition.
Schoolchildren, students, lawyers and other persons are offered to
elaborate the draft law "On De-Colonisation of Latvia", and
corresponding amendments to the Criminal Law which must provide
criminal responsibility for "denying the decolonisation" (the
newspaper "Chas" ("The Hour"), August 30,
http://www.chas-daily.com/win/2001/08/30/l_032.html).
 
Mr. Garda, director of the "Vieda" publishers, said that the
amendments to the Criminal Law must provide criminal responsibility
for "genocide � intentional action with the aim to decline the
decolonisation". This definition includes also "implementation of
integration" and its "promulgation in media". Mr. Garda mentioned an
example, where the punishment for such crime should be "imprisonment
for a term from 3 till 20 years or life imprisonment". If the accused
is a high-rank official, for example, the President or the Prime
Minister, etc., the punishment should be life imprisonment (the TV
program "Musu Cilveks", August 29,
http://www.tvnet.lv/news/intervijas/index.php?id=376224).
 

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

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