Minority issues in Latvia, No. 11
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Subject: Minority issues in Latvia, No. 11
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Original sender: Aleksejs Dimitrovs <[email protected]>
Minority issues in Latvia, No. 11
Minority issues in Latvia, No. 11
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
December 14, 1999
The State Language Law has been adopted
On December 9 the Saeima (Parliament) of Latvia adopted the new State
Language Law (with 52 voices for vs 26 against). The new law will come
into force on September 1, 2000. On July 14, 1999, the law was not
promulgated and was returned to the Saeima by the President of Latvia
Mrs. Vaira Vike-Freiberga, under pressure of international
organizations.
The most essential amendments introduced in comparison with the "July
version" are the following:
1. Now the law regulates using of language in providing information
and reports in private sphere only to the extent that this information
is related to legitimate public interest (public safety, health,
moral, healthcare, consumer rights and employee rights, workplace
safety, supervision by public administration).
2. Public events organized by private persons and private
organizations can be held in other languages than the state one,
however, the Cabinet of Ministers is to adopt regulations which will
establish exceptions from this general rule (i.e. the cases when
translation to Latvian must be mandatory provided).
3. It will not be obligatory to dubb or provide with the voice-over in
the Latvian language films intended for children of pre-school age,
these movies can be shown with the original sound track and subtitles
in the Latvian language.
4. The Cabinet of Ministers by its regulations can permit usage of
foreign languages, along with the Latvian language, in the texts of
stamps, seals and letterheads of state and local authorities, courts
and other judicial institutions, as well as private organizations. In
that case the text in the Latvian language shall be in the foreground,
and should not be smaller or narrower in size and contents as the text
in a foreign language.
5. On the other hand, all state and municipal institutions, as well as
enterprises in which state or local self-governments own the biggest
share, can accept applications, complaints and other documents from
private persons only if these documents are in the state language or
provided with the translation approved by a notary or according to
other procedure to be established by the Cabinet of Ministers'
regulations. (According to the Language law currently in force, also
applications in English, German or Russian must be accepted).
6. Providing any information for public by the state, municipal, as
well as state- and municipally- controlled enterprises and
institutions, in other languages than the state one is explicitly
prohibited. Also in this respect the Cabinet of Ministers must adopt
special regulations which will envisage some special cases when other
languages can be used along with the Latvian language. (The version of
the language law currently in force stipulates that written answers to
applications can be either in the state language or in the language of
application, while language of spoken communications is not regulated
at all).
It is revealing that most crucial issues are not established by the
law itself but left for the decision of the Cabinet of Ministers.
The same evening the OSCE High Commissioner on National Minorities Max
van der Stoel issued the following Statement regarding the adoption of
the State Language Law by the Latvian Parliament:
"I welcome the adoption of the State Language Law by the Saeima.
Analysis of the revised text of the State Language Law adopted by the
Saeima today leads me to the conclusion that the law is now
essentially in conformity with Latvia's international obligations and
commitments.
I trust that the Cabinet of Ministers will follow the letter and
spirit of the Law in elaborating implementing regulations, as foreseen
in certain provisions of the Law, and in supervising public
administration of the
Law."
Similar statements have been released by the Council of Europe (a bit
more reluctant) and by the European Commission (a bit more generous).
While the adopted law undoubtedly is much more in compliance with the
European Convention on Human Rights (with regard to freedom of speech
and non-interference in private sphere), it contains more clauses
which clearly run contrary to the provisions of the Framework
Convention for the Protection of National Minorities (using minority
languages in communication with public authorities, in public
information, etc.).
The Latvian Human Rights Committee (F.I.D.H.) held a picket against
adoption of the State Language Law ("Funeral of the integration") near
the Saeima on December 9.
Latvia does not intend to ratify the Framework Convention
Five MPs from the pro-minority faction "For Human Rights in Integrated
Latvia" submitted a parliamentary question to the Minister of Foreign
Affairs Mr. Indulis Berzinsh, asking about the Ministry's view on the
possibility to ratify the Framework Convention for the Protection of
National Minorities. The answer was given on November 30. The Foreign
Ministry considers that initiating the ratification process would be
"premature", it can be discussed only after adoption of the State
Language Law (adopted on December 9) and the Framework Document of
Integration of the Society of Latvia (also adopted in early December
with some amendments - will be covered in the next issue of "Minority
issues in Latvia").
The Framework Convention was signed by Latvia in May 1995, but since
then no attempt to ratify it was ever made.
Our URL address
The Latvian Human Rights Committee is glad to invite you to visit our
newly opened web site: http://www.lhrc.lv (in the beginning of
creation now).
Merry Christmas and Happy New Year!
Alexei Dimitrov
Latvian Human Rights Committee (F.I.D.H.)
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