Minority issues in Latvia, No.23


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Subject: Minority issues in Latvia, No.23

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Minority issues in Latvia, No.23


Minority issues in Latvia, No. 23
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
December 19, 2000


National minorities discuss their rights
 
On November 25 two significant events took place in Riga. The Latvian
Association of Schools with Russian Language of Instruction held a
parents' conference "To learn in mothertongue". Over 400 parents and
50 guests participated in the conference. Representatives of the
Association presented a new model of bilingual education elaborated by
the Association. Several presentatioons were made by
experts-psychologists about bilingualism and its influence upon
children. Co-chairman of the Latvian Human Rights Committee (F.I.D.H.)
Gennady Kotov made an overview of the educational rights of national
minorities in international human rights instruments.

Two resolutions were adopted by the conference participants. One of 
them authorized the Association to represent the interests of parents 
of the Russian-speaking pupils in relations with the state
institutions, as well as  at the international level. Participants of
the conference also supported closer contacts between them and the
Ministry of Education and Science. However, it should be mentioned
that the Ministry made an official statement some days before the
event, where it noted that such a conference "was unnecessary".

Another discussion on minorities' problems took place that same day at
the meeting of the Latvian Union of Ukrainians. Several members of
Latvian parliament from different parties were invited to take part.
Participants discussed various problems connected with citizenship,
language, education, etc. However, MP from the People's Party Janis
Lagzdinsh noted with dissatisfaction that "the discussion was on
political problems", while he expected to hear more about "purely
cultural issues". 
 

Further language legislation developments
 
On November 21 the Cabinet of Ministers adopted amendments to the
"Requirements on Proficiency Degree in the State Language Required for
Performance of Professional and Positional Duties and the Procedure of
Language Proficiency Tests" - a list specifying the required language
proficiency in the private sector connected with a legitimate public
interest. This list was to be adopted before November 1, 2000,
according to the promises given to the OSCE High Commissioner on
National Minorities Max van der Stoel (see Minority issues in Latvia,
No.19,
http://racoon.riga.lv/minelres/archive//09012000-18:08:59-13484.html
). According to the newly adopted list, "3B" category (the highest
one) is required for lawyers, barristers, notaries, insurance agents,
psychologists, teachers of the Latvian language and literature,
journalists working with texts in Latvian.


Implementatioon of the new language legislation causes controversies 

MP from the pro-minority coalition "For Human Rights in United Latvia"
Boris Tsilevich sent a letter to Dzintra Hirsha, director of the State
Language Centre. In the letter, a parliamentarian wrote that he had 
accepted and considered by substance a written complaint of his 
elector, despite this complaint was written in the Russian language.
Since Article 10.2 of the State Language Law explicitly prohibits
acceptance and consideration of any applications or complaints from
the individuals if they are not written in the state language or not
supplied with a certified translation into the state language, this
action may be a violation of the State Language Law. Mr. Tsilevich
wrote that the action was based on Article 104 of the Satversme
(Latvian Constitution), which stipulates that every person has the
right to submit applications to the state and municipal institutions
and to receive an answer. Mr. Tsilevich asked to evaluate his action, 
and to punish him if the State Language Law was indeed violated. Mrs 
Hirsha answered that the State Language Centre was not competent to 
give legal evaluation of the case, however, in her personal view, it 
was not in breach with the abovementioned provision of the State 
Language Law. It remains unclear how this provision of the State 
Language Law should be interpreted and applied in practice in the 
light of this reply. 


TV and radio channels in minority languages remain outlawed
 
On December 14, the Saeima considered amendments to the Law on
Television and Radio. One of the amendments (sumbitted by the
pro-minority faction "For Human Rights in United Latvia") envisaged
abolition of the current language restriction on private TV and radio
broadcasters (according to the Article 19 para.5 of the law currently
in force, not more than 25% of the broadcasting time on private
channels can be allocated for broadcasts in other languages than the 
state one). The proposal was rejected by a big majority (all factions, 
except the "For Human Rights in United Latvia" one, voted against). 
Another proposal of the same faction, aiming at giving the status of 
"national minorities' TV channel" to the second channel of Latvian 
public TV, was  declined, too. 

At the same time, on December 4 the broadcasting of the private radio
station Mix FM was stopped for 24 hours as a punishment for violation
of the language quotas mentioned above. Some days later the National
Radio and TV Council announced its decision to bring an action in
court against another radio broadcaster, private radio station
"Business & Baltia", for too big share of broadcasting in Russian.

 
Department of Social Integration established, draft law on the Social
Integration Fund submitted
 
On November 30 the Saeima (Parliament) sent to the parliamentary
commissions the draft law on Social Integration Fund. The Fund is to
be created to finance implementation of the national program "Social
integration in Latvia". The Fund will receive finances from the state
budget, from foreign donors, as well as from other persons. It should
be mentioned that the draft does not contain any word about
participation of national minorities in the Fund's activities. Most of
the Fund's board members are representatives of different ministries.
The draft received critical assessment of several parliamentary
commissions, in particular, for unreasonably high renumeration
envisaged for its board members, as well as for incompliance of the
draft with the main provisions of an important law on state agencies
(to be adopted soon in the final reading). Thus, the draft will be
probably seriously we-worked before approval. 

On November 20, the Social Integration Department has been established
within the framework of the Ministry of Justice. Its head Mr Vilnis
Antonishkis, as well as three persons strong staff, were not anyhow
engaged in the activities related to the integration programme before.
No governmental officials involved in this area earlier appeared on
the list. No NGOs or minority-based parties have been consulted. Some
commentators explain this with the competition between the parties of
the governmental coalition for control over administration of
anticipated foreign aid for implementation of the Social Integration
program.      

 
One or two "f"?
 
According to the Regulations of the Cabinet of Ministers "On the
Writing and Identification of Names and Surnames", personal names and
surnames must be written in documents according to grammar of the
Latvian language. Quite often this requirement cause frustration of
the residents of Latvia. In a recent case of the kind, Mrs. Joffe, a
naturalised Latvian citizen, was issued a passport where her surname
was written as "Jofe", i.e. with one "f". The State Language
Consultative Service ruled that letter "f" cannot be duplicated in
Latvian, but the historical form of the surname "Joffe" can be written
in the passport's section "Special Marks", in order "to prevent
possible mistakes and complications". Mrs Joffe declared her intention
to contest this decision in court. 

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

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