MINELRES: Minority issues in Latvia, No. 52

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Original sender: Alexei Dimitrov <minissues@delfi.lv>


Minority issues in Latvia, No. 52
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
June 17, 2002


Content
- Ministry of Education is about to ignore the Education Law?
- Information campaign about naturalisation completed
- Both European and Russian MPs recommend Latvia to change policies
towards the Russian-speakers
- Vice-chair of the State Language Commission: integration should be
based on the Latvian language
- The Cabinet to determine the place for original form of personal
names in IDs
- Teacher proves her state language proficiency in court
- European Youth Convention: opposition not welcomed
- New study of extremism in Latvia
- ECMI holds a workshop on integration in Latvia and Estonia


Ministry of Education is about to ignore the Education Law?
-----------------------------------------------------------

The National Centre on the Protection of the Rights of the Child has
presented its report on implementation of the Concluding Observations
of the Committee on the Rights of the Child in respect of Latvia. The
Concluding Observations were adopted in February 2001
(http://www.unhchr.ch/tbs/doc.nsf/(Symbol
)/d4ed822966f0269ec12569ee00312694?Opendocument;
see also Minority issues in Latvia, No. 26,
http://racoon.riga.lv/minelres/archive//03102001-09:28:45-7628.html).

In 2001 the UN Committee on the Rights of the Child was concerned
about elimination of the state-supported secondary education in
minority languages scheduled for 2004. The Ministry of Education has
informed the National Centre on the Protection of the Rights of the
Child that new programmes of minority secondary education are
elaborated, to be used after 2004. According to those programmes,
minority languages will be used also in secondary education (up to 30%
of the curricula) even after year 2004.

On June 12, an open letter of schoolchildren's parents from Daugavpils
(the second biggest city in Latvia, inhabited predominantly by
Russian-speakers) was handed to the President of the State and to the
Parliamentary Committee on Education, Science and Culture. The parents
protest against elimination of the state-supported secondary education
in minority languages. 3,500 persons have signed the petition ("Chas"
("The Hour"), June 13,
http://www.chas-daily.com/win/2002/06/13/l_044.html).

Our commentary

Elimination of state-supported secondary education in minority
languages is the most sensitive issue in Latvia today. State officials
tend to avoid speaking about elimination of secondary education in
minority languages, and talk about "bilingual education" instead.
However, the notion of bilingual education is not defined in any law. 

The Education Law of 1998 stipulates unequivocally that since
September 1, 2004 at 10th grades of the state and municipal general
secondary schools, instruction will be provided only in the state
language (para. 9 subpara. 3 of the Transitional Provisions; see



http://www.riga.lv/minelres/NationalLegislation/Latvia/Latvia_Education_English.htm
).
In the meantime, the General Education Law of 1999 contains a
provision mentioning minority education programmes also for secondary
schools (Art.42 para. 2), although nothing is said there about the
language in which these programmes are to be implemented. The Ministry
of Education refers to the latter provision as a legislative basis for
elaboration of the new programmes mentioned above. Thus, inconsistency
between the provisions of the two relevant laws is evident.

Apparently, the officials of the Ministry of Education realize that
total elimination of the state-supported secondary education in
minority languages is conflict-provoking and practically impossible in
2004. The Education Law cannot be amended because of the current
composition of the parliament, the more so in the pre-election period.
Therefore the Ministry is forced to somehow solve the eventual
collision of laws (although the solution proposed by the Ministry
looks ill-founded in terms of purely legal reasoning). Besides, the
solution proposed by the Ministry does not concern professional
schools, which also must switch to only Latvian-language instruction
in 2004.  

We hope that the new parliament to be elected in October will be able
to amend the legislation on education in conformity with the
internationally recognized principles of minority rights - enshrined,
in particular, in the Hague recomendations elaborated under the
auspices of the OSCE High Commissioner on National Minorities (see
http://www.riga.lv/minelres/osce/hagrec.htm). 


Information campaign about naturalisation completed
---------------------------------------------------

The Naturalisation Board has announced the results of the Public
Awareness and Citizenship Promotion Campaign carried out in November
2001 � February 2002. The campaign was financed by the governments of
the UK, Norway, Sweden, Canada, Germany, the US Agency of
International Development, as well as by NGO "Freedom House" -
however, not by the government of Latvia. The budget of the project
was approx. USD 260,000. The campaign was implemented by leading
advertising and PR companies of Latvia ("Telegraf" ("The Telegraph"),
June 11,
http://rus.delfi.lv/news/daily/telegraf/article.php?id=3345838; "Chas"
("The Hour"), June 12,
http://www.chas-daily.com/win/2002/06/12/g_026.html).

The project included advertising and information programmes on TV,
radio and in printed media, both country-wide and regional.
Information brochures about naturalisation were distributed to approx.
100,000 persons. Several one-day information events were organised in
7 biggest cities in order to answer non-citizens' questions about
naturalisation individually. The campaign also included the
Naturalisation days in minority schools, as well as creation of the
web-page of the Naturalisation Board in the Russian language.

According to the data provided by Head of the Naturalisation Board
Eizenija Aldermane, the number of non-citizens interested in
naturalisation has grown up for 20%-30% since the campaign started,
especially in countryside.

Mrs Aldermane was interviewed by local press during her visit to
Latgale (Eastern region of Latvia, with particularly high share of the
Russian-speaking residents). In Mrs Aldermane's view, the
naturalisation rate in Latgale and particularly in Daugavpils (the
biggest city of the region) is unsatisfactory. "Now more than 30% of
Daugavpils residents do not participate in political life, they have
no political choice", she said. In her view, a wide range of problems
prevent faster naturalisation, one of them being lack of the state
policy. Mrs Aldermane stressed the need to help people to learn
Latvian, in order not only to pass the examination, but to use it in
everyday life, too. Speaking about the reasons of the non-citizens'
passivity, she noted that people in Latvia are passive not only in
this respect. One begins acting when conditions do make him act, but
no such conditions have been created for non-citizens ("Latgales Laiks
("The Time of Latgale"), June 7,
http://www.latgaleslaiks.lv/avize/raksts.php?v=lv&d=2002-06-07&r=9148).

Our commentary

We welcome results of the information campaign. However, the campaigns
of the kind can prove effective until the exhaustive information about
naturalization has been already made available to everybody. The fact
that the campaign did not give results in the Central District of
Riga, where residents have the best opportunities to receive
information, is a good proof for this claim. We believe that the
number of non-citizens who are well-informed about the procedures of
naturalisation, but not wishing or not able to apply for citizenship,
is and will remain significant. Therefore, one should think about
other methods how to promote naturalisation.


Both European and Russian MPs recommend Latvia to change policies 
-----------------------------------------------------------------
towards the Russian-speakers
----------------------------
 
On June 13, the European Parliament adopted resolution on the state of
enlargement negotiations. The provisions concerning minority issues in
Latvia have not been changed during the debates (see Minority issues
in Latvia, No. 51,
http://lists.delfi.lv/pipermail/minelres/2002-June/005859.html). MEPs
still hope that Latvia will ratify the Framework Convention for the
Protection of National Minorities and will study the possibility of
continuing to provide access to upper secondary level education in
Russian beyond 2004.

On June 7, the State Duma (Parliament) of Russia adopted a resolution
about the situation of Russian-speakers in Latvia. The State Duma is
concerned about the amendments to the Constitution, aiming at
strengthening the status of the Latvian language, inter alia, in local
governments. In the Russian MPs' view, these amendments could restrict
minority rights. The Ministry of Foreign Affairs of Latvia denounced
this resolution, saying that it is "based on outdated information" and
"pays no attention to the progress made". Moreover, this evaluation
"does not comply with that made by the OSCE and other international
organisations".


Vice-chair of the State Language Commission: integration should be 
------------------------------------------------------------------
based on the Latvian language
-----------------------------

The biggest Russian-language daily "Vesti Segodnya" ("The News Today",
June 12,
http://www.cm.lv/index.php3?br=$br&g=2002&m=06&d=12&w1=&w2=p&pub=001#banner)
published an interview with the vice-chairperson of the Commission on
the State Language, professor Ina Druviete. Mrs Druviete states that
integration in Latvia should be based on the Latvian language. She
disagrees that language policy of Latvia uses only administrative
repressive measures, but recognises that such measures are necessary.
Regarding the recent debate about language requirements in the private
sphere, professor Druviete states that the state "should not regulate
use of language in the family and when people communicate unofficially
at work". However, she is convinced that the state could and in some
cases should regulate some spheres of private business.

In respect of ratification of the Framework Convention for the
Protection of National Minorities, Mrs Druviete believes that it can
be ratified by Latvia; however, reservations in respect of Articles 9,
10 and 11 are necessary, in her view (see also ECMI report No. 10
"Multiculturalism, Minority Education and Language Policy" at
http://www.ecmi.de/doc/download/report_10.pdf and the newspaper "Lauku
Avize" ("The Rural Newspaper", June 13).

Our commentary

Mrs Druviete's views cannot be treated as simply an expert's opinion.
It is widely known that she is a member of the Board of recently
created "New Era" party, and is responsible for party's ethnic policy
programme. The "New Era" party is currently on the top of the
popularity ratings (according to results of different polls, up to 20%
of electors are ready to vote for it). Therefore, professor Druviete
will probably be one of the key persons to shape the ethnic policy of
Latvia after the October elections. As can be seen from the interview,
one could hardly expect liberalisation of language policy in this
case.

Mrs Druviete's attitude towards the ratification of the Framework
Convention gives rise to special concerns. In our view, it
demonstrates new and dangerous approach: to ratify the Convention with
the reservations in respect of most of the substantive articles of the
Convention. This method can be applied by the states wishing to
formally join the Convention, and in the meantime to avoid
implementation of the obligations imposed by the Convention. Since the
Framework Convention itself does not contain any specific provisions
on permissible reservations, the general principle of the Vienna
Convention is applicable in this case, i.e., the corresponding body
(the Committee of Ministers of the Council of Europe) has to decide
whether the reservations in question do not defeat the purpose and
object of the Convention. Anyway, this approach can create undesirable
precedent, since so far only one state party (Malta) ratified the
Framework Convention with one reservation in respect of Art.15, not
very significant in scope. The reservation accompanying the signature
of the Framework Convention by Belgium on 31 July 2001, has rather an
effect of a declaration similar to those made by a number of other
state parties. Besides, the Belgium's reservation is currently debated
in the Parliamentary Assembly of the Council of Europe (see Doc. 9395,
Protection of minorities in Belgium, at
http://assembly.coe.int/Main.asp?link=http%3A%2F%2Fassembly.coe.int%2FDocuments%2FWorkingDocs%2FDoc02%2FEDOC9395.htm
). 

Anyway, an attempt to water down the scope of rights envisaged in the
Framework Convention through numerous reservations, can only lead to
weakening this important mechanism of minority protection, and to
undermine its effectiveness and credibility both in Latvia and beyond. 



The Cabinet to determine the place for original form of personal 
----------------------------------------------------------------
names in IDs 
------------

As we mentioned in the previous issue of our newsletter, the new Law
on IDs will come into force on July 1 (see Minority issues in Latvia,
No. 51,
http://lists.delfi.lv/pipermail/minelres/2002-June/005859.html). This
Law, as well as legislation currently in force, provides that personal
names and surnames must be written in documents according to the
grammar of the Latvian language.

In December 2001, the Constitutional Court of Latvia recognised in its
judgment in the Mentzen case the provision determining the place where
the original form of the personal name in Latin transliteration is
recorded in citizens' passports unconstitutional, and declared it
invalid since July 1, 2002. The Court pointed out that the Cabinet of
Ministers did not take all measures with the aim to limit the rights
of a person as little as possible, when it chose the place to record
the original form (see Minority issues in Latvia, No. 41,
http://racoon.riga.lv/minelres/archive//01042002-12:02:29-13464.html).

The Cabinet of Ministers has elaborated new draft regulations on
personal documents according to the new law
(http://www.mk.gov.lv/files/3/2943.doc). Paragraph 6 provides that the
original form of personal name must be written on page 4 of the new
passports. The regulations must be accepted by the Cabinet of
Ministers, possibly on June 18.


Teacher proves her state language proficiency in court
------------------------------------------------------

On November 6, 2001 the Cabinet of Ministers amended the governmental
regulations concerning procedure of the state language proficiency
examinations held by the State Language Centre (see Minority issues in
Latvia, No. 39,
http://racoon.riga.lv/minelres/archive//11252001-19:32:33-8254.html).
According to those amendments, the state language inspectors have
retained the authority to check the validity of the state language
proficiency certificates, but have been deprived of the authority to
conduct additional examinations for their holders and to annul legally
issued certificates.

The state language proficiency certificate of teacher of the Russian
language Valentina Demidovec had been annulled some weeks before the
amendments came into force. State language inspector examined her
state language skills and decided that her proficiency in Latvian was
insufficient, although Valentina Demidovec possessed the state
language certificate proving her Latvian language proficiency.
Following this decision, Mrs Demidovec was fired. The teacher disputed
her dismissal in court. The first trial took place on May 27, the
consideration of the case on the merits was postponed till July 9
("Vesti Segodnya" ("The News Today"), June 1,
http://www.cm.lv/index.php3?br=$br&g=2002&m=06&d=01&w1=r&r=5&w2=p&pub=016#banner
). 

Our commentary

In our view, if domestic courts will not discharge her claim, Mrs
Demidovec has a good chance to win the case in the UN Human Rights
Committee or in the European Court of Human Rights. Both institutions
recognised that the procedure of additional state language
examinations violates human rights in the cases Ignatane v. Latvia
(see Minority issues in Latvia, No. 34,
http://racoon.riga.lv/minelres/archive//08132001-10:18:44-14805.html)
and Podkolzina v. Latvia  (see Minority issues in Latvia, No. 48,
http://racoon.riga.lv/minelres/archive//04162002-15:37:08-27700.html).


European Youth Convention: opposition not welcomed
--------------------------------------------------

A jury consisting of Latvia's representatives in the European
Convention has announced names of six young people who will represent
the state in the European Youth Convention in July 2002. 60 persons
participated in a three�stage competition.

Due to unknown reasons, one out of six seats in the Youth Convention
allocated to Latvia was reserved, without competition, for a person
nominated by the radical nationalistic party "For Fatherland and
Freedom", member of the ruling coalition (newsletter "Eirozinas" ("The
European News") No. 147, can be downloaded in Latvian from
http://www.saeima.lv/elk/saturi/ez_02/ez147.pdf; see also "Vesti
Segodnya" ("The News Today"), June 13,
http://www.cm.lv/index.php3?br=$br&g=2002&m=06&d=13&w1=&w2=p&pub=003#banner
).
One of other five winners was earlier excluded from the university
because of poor study results ("Neatkariga Rita Avize", June 17).

It could be recalled that, according to the vote in the parliament, no
representative of the parliamentary opposition was included into the
Latvian delegation to the "adult" European Convention. Thus, the
composition of the youth delegation followed the same pattern.   

As far as possible to determine ethnic background of the
representatives by their surnames, only one out of six winners belongs
to national minority. A few more young people of minority origin known
to us participated in the competition; unfortunately, none of them was
invited to participate at the second stage. 

 
New study of extremism in Latvia
--------------------------------

In his article "Extremism in Latvia"
(http://www.policy.lv/index.php?id=102443&lang=en), Dr Nils Muiznieks,
director of the Latvian Centre for Human Rights and Ethnic Studies
writes about different manifestations of political extremism in
Latvia. Extremism is very weak in Latvia, whatever measurements do we
use, no pronounced extremist political parties are in the parliament,
but activities of small groups should be nevertheless monitored, given
"the shallow roots of democratic institutions and the delicate
demographic situation". The article describes both Latvian and
Russophone extremism. Author reviews Latvia's legislation too, noting
good sides (the law "On Social Organisations and their Associations"
contains certain provisions to provide possibility of legal control of
extremist activities), as well as some flaws.

Limited support for extremists is shown by a survey (2000), which
"found that 70% of Latvia's citizens and 65% of non-citizens believe
that democracy is the most appropriate form of government, while only
5% of citizens and non-citizens were in favour of a military
regime...  However, about 40% of citizens and non-citizens also agreed
with the statement that "the country should be ruled by a strong
leader who should not have to worry about parliament and elections".
Concluding his article, author writes, that "one notes important
similarities and differences between Latvian and Russophone extremist
groupings". These are: anti-Semitism and racist propaganda, external
assistance (more stable in case of Russophone extremists), existence
of "combat-type" extremist organizations, youth as the primary social
base of all organisations, small organizations with "no more than
several dozen core activists".

Unfortunately, "mainstream political parties, NGOs and the Church have
not been consistent or forceful in ostracising extremists and the
media have often given them a platform, amplifying what would
otherwise be a weak voice", Nils Muiznieks writes.


ECMI holds a workshop on integration in Latvia and Estonia
----------------------------------------------------------

On June 6-8, the European Centre for Minority Issues (ECMI) held a
workshop "Legal Aspects of National Integration in Estonia and Latvia"
in Jurmala. The workshop is a part of the project "Accession to the EU
and National Integration in Estonia and Latvia".

The workshop was attended by the state officials, politicians,
representatives of NGOs from Estonia and Latvia. Participants
discussed legal aspects of different discourses pertinent of national
integration: minority rights, social integration and the protection of
the state language. Particular attention in discussions was paid to
the issue of education in minority languages. Participants recognised
that the significant progress in the dialogue is achieved since the
project "Accession to the EU and National Integration in Estonia and
Latvia" began. At the same time, it is necessary to integrate all
three discourses of national integration and to take all of them into
account, in order to elaborate a really efficient strategy of
integration. 

----------------
Compiled by:

Alexei Dimitrov
Tatyana Bogushevitch
Yuri Dubrovsky

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