MINELRES: Differences between citizens' and non-citizens' rights in Latvia

SUPPLEMENT 1

List of some bilateral and international Agreements, discriminating against non-citizens

Latvian National Human Rights Office (LNHRO) has refused to discuss the differences between the rights of citizens and non-citizens stated in international agreements. In the opinion of LNHRO, Latvia is not responsible for the content of an international agreement even after becoming a signatory to it. However, it is clear that Latvia's approval of an agreement also means Latvia's approval of individual clauses of the agreement unless stated otherwise. Thus, when approving international agreements Latvia also approved clauses discriminating against its non-citizens.

We would like to note, however, that every state that has signed at least one of the Agreements mentioned below is partly responsible for the discriminatory conditions against Latvia's non-citizens. Moreover, Spain (Agreement 16, p. 2), Canada (Agreement of 10.08.94) and Cyprus (Agreement of 26.03.99) have succeeded in altering the Agreements so to include permanent residents of the respective countries (apart from citizens) as subjects of the Agreements.

1. General agreements (difference No 27)

1. With Hungary �f 07.08.92, Art. 8, 14, 17
2. With Ukraine of 23.05.95, Art. 9, 15, 18
3. With EU of 12.06.95 (not in force yet), Preamble
4. With India of 01.09.95, Art. 3.1 (Education in India is allowed to Latvian citizens only)
5. With Czech Republic of 10.05.99), Preamble

2. Agreements on the protection of investments (difference No 36)

1. With Iceland of 26.08.91, Art. 4
2. With Finland of 05.03.92, Art. 1 (1) 'c'
3. With Sweden of 10.03.92, Art. 1(3)
4. With Denmark of 30.03.92, Art. 1(3)
5. With France of 15.05.92, Art. 1.2, 1.3
6. With Norway of 16.06.92, Art. 1.3
7. With Taiwan of 17.09.92, Art. 1.3
8. With Switzerland of 22.12.92, Art. 1.1
9. With Great Britain of 24.01.94, Art. 1(c)
10. With Israel of 27.02.94, Art. 1.2
11. With Netherlands of 14.03.94, Art. 1(b)
12. With Czech Republic of 25.10.94, Art. 1.2
13. With Austria of 17.11.94, Art. 1(2)
14. With Canada of 26.04.95, Art. 1.
* Canada, unlike Latvia, protects the interests of both its citizens and residents.
15. With Portugal of 27.09.95, Art. 1.3
16. With Spain of 26.10.95.
* The only example, when Latvia equally protects the rights of its citizens and non-citizens. The only exception is Art. 7.1, by which the transfer of salaries and other compensations is guaranteed to citizens only.
17. With Estonia of 07.02.96, Art. 1.2
18. With Lithuania of 07.02.96, Art. 1.2
19. With Belgium and Luxembourg of 27.03.96, Art. 1.1
20. With Korea of 23.10.96, Art. 1.2
21. With Italy of 11.07.97, Art. 1.3, 7.1e
22. With Turkey of 01.10.97, Art. 1.1a, 2.3a, 4.1
23. With Ukraine of 01.10.97, Art. 1.2a
24. With Slovakia of 11.06.1998
25. With Belarus of 17.06.1998, Art.. 2,3,5

3. Agreements protecting intellectual property (difference No 37)

1. With Ukraine of 21.11.95, Art. 15.2
2. With EFTA of 07.12.95, Art. 15.2.
Besides, Art. 9.1 eliminates discrimination when delivering and selling goods in EFTA countries for citizens only (EFTA - Iceland, Liechtenstein, Norway, Switzerland).

4. Air traffic agreements (difference No 38)

1. With Poland of 01.07.92, Art. 3.4, 4.1(a)
2. With Hungary of 09.03.93, Art. 3.2(a), 4.1(a), 5(c)
3. With the Netherlands of 25.03.93, Art. 4.4, 5(c)
4. With Israel of 03.11.93, Art. 3.4, 4.1(a)
5. With Finland of 29.11.93, Art. 4(a)
6. With Belgium of 12.12.94, Art. 5.1(d)
7. With Estonia of 20.01.95, Art. 3.5, 4.1(c)
8. With Ukraine of 23.05.95, Art. 3.4
9. With Uzbekistan of 06.06.95, Art. 4.4, 5.1(a)
10. With Turkey of 15.09.95, Art. 3.4, 4.1(a)
11. With Lithuania of 09.09.96, Art. 3.5, 4.1(c)
12. With Thailand of 08.11.96, Art. 6.5, 7.1(a).
13. With India of 12.10.97, Art. 3.4, 4.1
14. With Kazakhstan of 19.05.1998
15. With Slovakia of 16.10.1998, Art. 3.2, 5.1.�
16. With USA (Fisheries Agreement of 08.04.93, Art. 1 (The Agreement mentions only Latvian citizens and ships)
17. With China of 04.03.1999, Art. 3.2, 4.1.�

5. Taxation Agreements (difference No 40)

The Agreements against double taxation (including residents), but citizens are given advantage.

1. With Poland of 17.11.93, Art. 3, 25
2. With China of 07.06.96, Art. 3.1 (h), 26
3. With Germany of 07.06.96, Art. 3.1(g), 24
4. With Moldova of 14.05.1998
5. With USA of 14.05.1998 art. 3, 19
6. With Uzbekistan of 16.10.1998, ��.19

6. Agreements on visa-free movement of persons (difference Nr 47)

Countries that signed mutual visa-free agreements with Latvia covering the citizens only:

Hungary (07.08.1992), Poland (17.12.1992), Slovak Republic (17.08.1994), Great Britain (before 07.1997), Ireland (before 07.1997), Czech Republic (before 07.1997), Iceland (18.04.1997), Norway (02.07.1997), Finland (28.07.1997), Switzerland (23.12.1997), Slovenia (05.03.1998), Andorra (13.03.1998), Malta (15.04.1998), Croatia (21.09.1998), Liechtenstein (between 07.1997 and 02.1999), Sweden (before 07.1997 and 02.1999), Austria (26.01.1999), Italy (03.02.1999), Germany (16.02.1999), France (18.02.1999), Spain (09.03.1999), Greece (17.03.1999), Portugal (20.04.1999), Belgium (09.06.1999), the Netherlands (09.06.1999), Luxembourg (09.06.1999), Germany, Portugal

States that signed mutual visa-free agreements with Latvia covering the citizens and non-citizens:

Denmark (non-citizens enjoyed the right on entry without visa according to proposal of the Ministry of Foreign Affairs of Denmark), Western Samoa, Lithuania, Estonia

Non-citizens enjoy the right of preferential entry (preferential visa for one year) in Russia and Belarus. It is important to note, that from January 1, 1998 old Soviet �internal passports� are not valid for leaving Latvia, and November 1, 1998 old Soviet �external (foreign) passports� are not valid for leaving Latvia. Now only Latvia's �non-citizen's (alien's) passport� is considered a valid travel document that also grants the right to leave from return to Latvia without restrictions. However, only 50% of Latvia's non-citizens have received the non-citizen's (alien's) passports by November 1,1998. On December 1, 1999 93000 passports of the non-citizens of Latvia were not issued.

7. Free trade Agreements (difference No 49)

1. With Ukraine of 29.11.91, Art. 12
2. With Armenia of 07.12.91, Art. 5

8. Agreements on legal assistance (difference No 50)

The Agreements envisage the following main advantages for Latvian citizens:
a) equal rights with the citizens of the host country regarding legal assistance;
b) free legal assistance and non-payment of court expenses;
c) sending documents free of charge and (in many cases) without translation;
d) consular assistance;
e) recognition of marriages, sanity, adaptation etc. in accordance with the laws of another party to the Agreement;
f) non-refoulement to the other country in case of criminal offences.

1. With Estonia and Lithuania of 11.11.92, Art. 1, 16, 17.1, 18, 21, 25.
* Non-citizens are only mentioned in Art. 17.2. The parties must provide the following information: about convictions, instigation of criminal proceedings, recognition as chronic alcoholics, drug addicts and insane. Among non-citizens, 4% are ethnic Lithuanians (data of Department of Citizenship and Immigration - DCI, 1993)
2. With Russia of 03.02.93, Art. 1, 11, 16, 17, 19, 22, 26, 62.1
* Regarding non-citizens, (Art. 76, 77) information about convictions and instigation of criminal proceeding is transferred. Among non-citizens, 64% are ethnic Russians (data of DCI, 1993).
3. With Russia of 04.03.93, Art. 1
4. With Moldova of 14.04.93, Art. 1, 16, 17, 18, 61(1)
5. With Belarus of 21.02.94, Art. 1,11,16,19, 21,25, 60.
* Regarding non-citizens, (Art. 75, 76) information about convictions and instigation of criminal proceedings is transferred. Among non-citizens, 12% are ethnic Belorussians (data of DCI, 1993).
6. With Poland of 23.02.94, Art. 1, 11, 18, 20, 22, 27, 49, 68.1.
* Among non-citizens, 3.5% are ethnic Poles (data of DCI, 1993).
7. With Ukraine of 23.05.95, Art. 1, 11, 16, 17, 18, 21, 24, 44, 55(1).
* Among non-citizens, 9% are ethnic Ukrainians (data of DCI, 1993).
8. With Uzbekistan of 23.05.96, Art. 1, 11, 16,17, 19, 22, 25, 44, 55.
9. With Kirgizia of 21.05.1998, Art. 1, 17, 19, 41.