Minority issues in Latvia, No. 49

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Subject: Minority issues in Latvia, No. 49


Minority issues in Latvia, No. 49
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
May 1, 2002


Content
- "Language amendments" to the Constitution adopted
- Prime Minister urges ruling coalition to start working on amendments
to the election legislation
- Naturalisation is still suspended
- New language requirements for employees in private sphere discussed
- Language issues in pre-election context 
- Riga municipal officials consider State Language Law too liberal?
- Minister of education: 2004 reform would be lengthy
- Public TV broadcasting in minority languages: unclear future
- Applications from Latvia in ECHR
- Ratification of the Framework Convention: clashing views
- Nationalistic youth organisation provokes conflict on May 9


"Language amendments" to the Constitution adopted
-------------------------------------------------

On April 30, the Saeima (Parliament) of Latvia at its extraordinary
session adopted "language amendments" to the Constitution in the final
reading (see previous issues of our newsletter). 72 MPs voted for the
amendments, 15 against (the pro-minority faction "For Human Rights in
United Latvia" - "HRUL"), 1 abstained.

As we reported earlier, the amendments concern four articles of the
Constitution. Article 18 (see
http://www.saeima.lv/LapasEnglish/Constitution_Visa.htm for the
previous text) will be supplemented with the provision that every MP
is obliged to swear or to give a promise "to be loyal towards Latvia,
strengthen its sovereignty and the Latvian language as the sole state
language, defend Latvia as an independent and democratic state, fulfil
his/her duties in good faith, observe the Constitution and the laws".
The Parliament's Legal department Office (a body responsible for legal
analysis of the submitted draft laws) proposed to exclude words about
Latvian as the sole state language, referring to a private letter from
the unnamed OSCE expert, but the Saeima declined this proposal ("Chas"
("The Hour"), April 24,
http://www.chas-daily.com/win/2002/04/24/l_022.html).

Article 21 provides that the sole working language at the Saeima is
Latvian. Article 101 will provide that "full-fledged citizens of
Latvia elect local governments" and "the working language of local
governments is Latvian". Article 104 (provides the right to address
submissions to State or local government institutions and to receive a
materially responsive reply) will be supplemented with the provision
that "everybody has the right to receive answer in Latvian" ("Diena"
("The Day"), April 25; "Chas" ("The Hour"), April 25,
http://www.chas-daily.com/win/2002/04/25/l_044.html).

Our commentary

We have already noted that the aim of the amendments is to
"compensate" for the abolition of the state language requirements for
deputy candidates. 

In our view, the amendments are unnecessary and declarative; almost
all adopted provisions are already included into other laws of Latvia.
At the same time, we are concerned that MP's obligation to swear "to
strengthen the Latvian language as the sole state language" may limit
the rights of parliamentarians to propose amendments to language
legislation. Each MP who proposes to extend sphere of using minority
languages, can be considered as a forsworn, because it does not
"strengthen the Latvian language".


Prime Minister urges ruling coalition to start working on amendments 
--------------------------------------------------------------------
to the election legislation
----------------------------
 
On April 16, the Prime Minister Andris Berzinsh asked ruling coalition
to start discussions on amendments to election legislation aimed at
abolition of the state language requirements for deputy candidates, as
soon as amendments to the Constitution strengthening status of the
state language are adopted. After receiving a negative answer from the
leader of the radical nationalistic party "For Fatherland and Freedom"
Maris Grinblats, Berzinsh asked this party's Minister for Defence
Girts Valdis Kristovskis to give his opinion on possible changes in
the election legislation, which "could affect positively Latvia's
relations with NATO". On April 22, the Minister supported amendments
to the election legislation ("Diena" ("The Day"), April 23).

However, Mr Grinblats said that his party would not participate in the
working group to prepare the amendments. Anonymous MP from the party
said that the party could even not participate in vote on this issue,
thus allowing amendments to be adopted. According to Mr Grinblats,
"voting in Saeima... is not determined by  opinions of the Minister
for Foreign Affairs of Defence, but vy political views of the
parties."

Leader of the People's Party Andris Shkele noted, that it would be
strange if the Minister for Defence in charge of integration to NATO
will not be able to get support for his view from the party. "This is
the question where our faction wants first of all to hear opinion of
the Minister for Defence and Minister for Foreign Affairs", he said.
If his party concludes that it is the only way to become NATO member
state, it will support the amendments. ("Diena" ("The Day"), April
16).

Our commentary

After the amendments to the Constitution are adopted, the amendments
to the election legislation will be adopted very soon. It is expected
that the President of Latvia will now submit the corresponding draft
to the parliament any moment. 

Regrettably, these amendments will be adopted not because human rights
experts recognised the language restrictions for deputy candidates as
being in breach with the obligations of Latvia under human rights
instruments, but only under pressure of NATO in order to become member
of this organisation.


Naturalisation is still suspended
---------------------------------
 
On April 16, the Cabinet of Ministers postponed approval of six lists
of the newly naturalised citizens (about 1,000 persons) for two weeks,
mentioning as the reason that investigation in the Naturalisation
Board is not yet completed (see Minority issues in Latvia, No. 48,
http://racoon.riga.lv/minelres/archive//04162002-15:37:08-27700.html).
However, the question was not included on the agenda of the Cabinet
meeting also on April 30.

Meanwhile, head of the Naturalisation Board Eizhenija Aldermane and
state secretary of the Ministry of Justice Aivars Maldups were invited
to the meeting of the Parliamentary Citizenship Committee. Some MPs
suggested dismissal of Mrs Aldermane, however, Mr Maldups noted that
only government can decide on this.

Answering the question of MP Janis Lagzdinsh (the People�s Party) on
measures to avoid possible corruption in the future, Mrs Aldermane
told that now examination staff will receive envelopes with questions
only after the beginning of exam, not 6 minutes before, as it was
previously ("Vesti Segodnya" ("The News Today"), April 17,
http://www.cm.lv/index.php3?br=$br&g=2002&m=04&d=17&w1=&w2=p&pub=014#banner
).
MP Palmira Lace (ex-"For Fatherland and Freedom") suggested installing
cameras to watch the process of examination. The Board should find
money for this, as they had found money for advertising campaign, Mrs
Lace told. As a result, "the citizenship was advertised as a kind of
goods", and MP "does not understand, who needs so many citizens".

Our commentary

These developments once again confirm our view that influential
nationalistic forces do their best to hinder the process of
naturalization. The "bribery scandal" is used as a pretext to delay
formal approval of the lists of persons who successfully passed the
naturalization tests, as well as to remove professional and efficient
head of the Naturalisation Board from her post. Successful
naturalization is particularly painful for radical nationalistic
parties in the view of coming parliamentary elections, as "new
citizens" will hardly vote for these parties. Thus, the tactical goal
is to prevent from voting in October as many naturalized citizens as
possible. 


New language requirements for employees in private sphere discussed
-------------------------------------------------------------------

We reported about the new draft amendments to the Regulations of the
Cabinet on Proficiency Degree in the State Language Required for the
Performance of the Professional and Positional Duties and the
Procedure of Language Proficiency Tests (see Minority issues in
Latvia, No. 48,
http://racoon.riga.lv/minelres/archive//04162002-15:37:08-27700.html).
The amendments extend the language requirements in private sphere,
supplementing the list of professions where the state language
proficiency certificate is necessary.

Office of the OSCE High Commissioner on National Minorities has
requested additional information from the state regarding the new
draft amendments. The Ministry of Foreign Affairs has expressed its
concern about the draft. The Ministry of Justice also evaluated the
draft critically and decided to re-work it, although this ministry
forwarded the draft amendments to the meeting of state secretaries of
ministries ("Vesti Segodnya" ("The News Today"), April 19,
http://www.cm.lv/index.php3?br=$br&g=2002&m=04&d=19&w1=r&r=2&w2=p&pub=002#banner).

In the meantime, some leading politicians claim that supplementing of
the professions' list complies with the State Language Law and
Latvia's international obligations. MP Dzintars Abikis (the People's
Party) said that he even recommended the Ministry of Justice to
include hairdressers and shop assistants into the list of professions
for whom the state language proficiency certificate is necessary
("Diena" ("The Day"), April 16).

Our commentary

In our view, submission of the draft amendment to the language
regulations, as well as delay with abolition of the state language
requirements for deputy candidates, are direct effects of the
premature closure of the OSCE Mission to Latvia. Unfortunately, many
in Latvia perceive closure of the Mission as a carte blanche in
policies towards national minorities, rather than a possibility to
solve the problems in the field without interference of international
organisations. 


Language issues in pre-election context 
---------------------------------------

On April 22, the radical nationalistic party "For Fatherland and
Freedom" circulated its statement demanding additional financial
support for the state language policy. The party asked its partners
from the ruling coalition to support activities proposed by the
Commission on the State Language and its chairperson Mara Zalite
("Chas" ("The Hour"), April 23,
http://www.chas-daily.com/win/2002/04/23/l_041.html). The proposals
are sent to four different ministries for evaluation. At the same
time, the Prime Minister Andris Berzinsh would like to refrain from
changes in the state budget in the pre-election year ("Chas" ("The
Hour"), April 24,
http://www.chas-daily.com/win/2002/04/24/l_023.html).

On April 24, Mrs Zalite visited "For Fatherland and Freedom"
parliamentary faction and informed about the necessary financial
support. According to her, activities for the protection of the state
language will cost Ls 275,000 (approx. EUR 486,725) ("Chas" ("The
Hour"), April 25,
http://www.chas-daily.com/win/2002/04/25/l_032.html). 

On April 24, the Ministry of Justice announced that director of the
State Language Centre (the main state institution responsible for
implementation of the State Language Law and other acts in this field)
Dzintra Hirsha decided to resign. Mrs Hirsha declares that one of the
main reasons of her resignation is "the pressure of European
politicians regarding language policy in Latvia", as well as "friendly
reaction of Latvian politicians towards it" (BNS, April 30,
http://www.delfi.lv/news/national/politics/article.php?id=3102696).

Dzintra Hirsha has been a director of the State Language Centre for
ten years. Different reasons of her decision are mentioned by
commentators: lack of funding for the Centre, new draft amendments to
language regulations whihc caused harsh criticism by the OSCE (see
above), as well as recent judgment of the European Court of Human
Rights in the Podkolzina's case (see Minority issues in Latvia, No.
48,
http://racoon.riga.lv/minelres/archive//04162002-15:37:08-27700.html)
("Diena" ("The Day"), April 25). Main architect of Latvian language
policies, professor of the University of Latvia Ina Druviete mentioned
"psychological pressure of the Russian-language press" as one of the
reasons for the decision ("Vesti Segodnya" ("The News Today"), April
25, http://www.cm.lv/index.php3?
br=$br&g=2002&m=04&d=25&w1=r&r=1&w2=p&pub=001#banner).

On April 23, the Baltic Institute of Social Sciences presented data of
the research "Usage of the Latvian language by Russian-speakers".
According to them, in 8 years the number of people, who speak Latvian,
has grown by 10%, although the data for last 3-4 years have not
changed. Only 12% of non-Latvians say that they do not speak Latvian
at all. 87% of Russians believe that all Latvia's residents should
speak the state language fluently ("Diena" ("The Day"), April 24).

The Institute organised a discussion devoted to results of the
research. Editor-in-chief of the daily "Chas" ("The Hour") Kseniya
Zagorovskaya believes that attitudes of people in general towards the
language are more tolerant than those of politicians. Director of the
Latvian Centre for Human Rights and Ethnic Studies Nils Muizhnieks
agrees with Zagorovskaya and adds, "Society is more tolerant than
politicians, media and the law" ("Neatkariga Rita Avize" ("The
Independent Morning Newspaper"), April 24). Dr Muizhnieks also
proposed to engage more non-Latvians as state officials, demonstrating
that public service is not reserved for Latvians only ("Vesti
Segodnya" ("The News Today"), April 24,
http://www.cm.lv/index.php3?br=$br&g=2002&m=04&d=24&w1=r&r=2&w2=p&pub=002#banner).
TV manager Olafs Pulks declared that the 25% limit for
broadcasting/telecasting in languages other than Latvian must be
abolished ("Chas" ("The Hour"), April 24,
http://www.chas-daily.com/win/2002/04/24/l_021.html).

Our commentary

As usually in Latvia, the language issue will apparently be the ace of
base for the pre-election campaign 2002, especially for the party "For
Fatherland and Freedom". Its partners in the ruling coalition, the
People's Party and "The Latvian Way" also cannot risk, therefore we
can forecast that they will concede to the "FF" demands (maybe, the
amount of allocated funds will be less than requested).

As to Mrs Hirsha's resignation, the "pre-election factor" must be
taken into account also here. Perhaps, in summer Mrs Hirsha's name
will appear on electoral list of one of the nationalistic parties,
maybe "For Fatherland and Freedom". Her image of "a hero" and
"defender of the state language" will help to fish votes of
nationalistically-minded electors.

The results of the research "Usage of the Latvian language by
Russian-speakers" show that no real danger for existence and usage of
the Latvian language exists in Latvia. Friendly and minority rights
based policies would much better serve the promotion of Latvian than
current strategy of coercion and restrictions on usage of minority
languages. 


Riga municipal officials consider State Language Law too liberal?
-----------------------------------------------------------------
 
The faction "For Human Rights in United Latvia" ("HRUL") in the Riga
City Council has drafted amendments to the municipal regulations
stipulating that all signboards and posters in Riga must be only in
the Latvian language except for international events, events held by
minority cultural associations and religious confessions; and
circumstances, where translation into other languages is necessary for
safety reasons. The Riga City Council adopted these regulations in
1997, in accordance with the legislation in force at that time.

"HRUL" suggested that the provisions should be amended in conformity
with the current State Language Law and the Regulations on Usage of
the State Language in Information. Both mentioned legislative acts (in
force from September 1, 2000) provide that the use of a foreign
language along with the state language is permissible in information
intended to inform the public in places accessible to the public. 

However, the Riga City Council's Development department does not
support the amendments (the newspaper "Vechernyaya Riga" ("The Evening
Riga"), April 17).


Minister of education: 2004 reform would be lengthy
---------------------------------------------------

"Lauku Avize" ("The Rural Newspaper") published the discussion with
Minister of Education Karlis Greishkalns and head of the Integration
Division of the Ministry Evija Papule, as well as directors of two
Russian-language schools from Cesis (Inna Semyonova) and Riga
(Kristina Fedorenko).

Asked, whether the question of transition to Latvian is of political
or pedagogical nature, Mrs Semyonova, pointed at two questions: 1)
there are a lot of problems, and schoolchildren, if there was a
survey, would support education in minority languages; 2) preparedness
of teachers. "If a teacher can teach his subject well in two
languages, then the schoolchildren are more positive towards
transition to teaching in state language".

Karlis Greishkalns stressed that Latvia does a lot to help schools to
prepare for the reform, big financial resources are provided for
buying textbooks for minority schools and Latvian language training
programs for teachers. Not all Russian schools prepare parents for the
reform, therefore politicians engaged in speculation have more
possibilities to interfere within educational process. They organise
different meetings and concerts, where they "instruct against
education in state language".

Asked, what should be done by the Ministry to further transition, Mrs
Semyonova noted, that while majority of parents accepts transition
(73%) and are pleased by the way it is done in school (67%), still 65%
from those accept the idea of struggle for teaching in mother tongue.
Evija Papule noted that it is natural, because it is more easy and
convenient to learn in the mother tongue, and therefore first classes
will be bilingual, the policy of the ministry is not aimed at
assimilation. Mr Greishkalns agreed, that the reform should be
lengthy, taking into account teachers' concerns, and it is stated in
the law ("Lauku Avize" ("The Rural Newspaper"), April 23).

Our commentary

Unfortunately, once again the problem of the transition into Latvian
as the sole language of instruction in secondary schools is handled in
the old manner: it is written in the law, therefore the reform must be
executed. All the people, who are against the reform, are considered
"opponents of integration". It seems, the main problem in the field is
the lack of objective information regarding number of supporters and
opponents of the transition. We hope that the survey aiming at
exploring the public attitudes towards the bilingual education held by
the OSCE Mission to Latvia (see Minority issues in Latvia, No. 44,
http://racoon.riga.lv/minelres/archive//02192002- 18:42:09-3205.html)
will clarify the situation.


Public TV broadcasting in minority languages: unclear future
------------------------------------------------------------

On May 3, a new director of public Latvian Television (LTV) will be
appointed. The future of LTV-2, state sponsored channel which is
allowed to air up to 20% of its broadcasting time in minority
languages, is unclear. Out of five candidates, only Uldis Duka wants
LTV-2 to be disbanded, as, in his view, two channels cannot be
maintained. Mr Duka noted, that the LTV should develop as "Latvian
national TV", paying attention to integration, too. Harijs Lavkinaitis
simply notes, that LTV-2 should be kept, without details. Janis Leja
told that more detailed analysis of perspectives  of LTV-2 is
necessary. Two candidates are strongly in favour of keeping LTV-2.
Uldis Grava notes, that "integration programmes" should be broadcasted
there, besides, the channel should be used as a tool for learning
language, showing foreign films in original language with subtitles in
Latvian. Gundars Reders supports the idea of showing integration
programmes. He argues that, according to experience of Eastern
European countries, after privatisation of the second channel expenses
grow, while information becomes less independent ("Diena" ("The Day"),
April 24).

The administration of LTV has dismissed the head of the Russian news
department of LTV-2 Irina Vinnik. She states that the administration
simply does not like her, "Nobody has set any guidelines for the
Russian news department. [LTV administration] does not care about the
Russian audience at all." Mrs Vinnik also assumes that the
administration does not like the fact that she is an active figure in
the field of integration ("Telegraf" ("The Telegraph"), April 25,
http://rus.delfi.lv/news/daily/telegraf/article.php?id=3072296). Head
of LTV news service Baiba Strautmane mentions that certain reforms on
LTV-2 will be carried out, but Mrs Vinnik could host daily evening
interview ("Diena" ("The Day"), April 29).


Applications from Latvia in ECHR
--------------------------------

On April 17, representative of Latvia's government in international
human rights institutions Kristine Malinovska informed MPs about
applications from Latvia in the European Court of Human Rights.
According to Mrs Malinovska, 6 cases have been considered admissible
so far (one - Podkolzina case - has been considered on the merits and
violation has been found, one more completed with peaceful
settlement). Out of four pending cases, 
three are related to the problem of legal status in Latvia for the
citizens of the former USSR (we reported about Slivenko and
Shevanova's cases in Minority issues in Latvia, No.43,
http://racoon.riga.lv/minelres/archive//02052002-09:04:27-1978.html,
and No.47,
http://racoon.riga.lv/minelres/archive//04022002-12:00:04-3735.html).

32 applications from Latvia are registered by the Court ("Chas" ("The
Hour"), April 18,
http://www.chas-daily.com/win/2002/04/18/l_037.html).


Ratification of the Framework Convention: clashing views 
--------------------------------------------------------

Mr Aivars Endzinsh, chairman of the Constitutional Court, supports
ratification of the Framework Convention for the Protection of
National Minorities. "We are a member state of the Council of Europe
and therefore should comply with European standards and principles.
That is why the Convention on National Minorities should be ratified,
the more so that we signed it long time ago�, Mr Endzinsh said
("Vesti-Segodnya" ("The News Today"), April 15,
http://www.cm.lv/index.php3?br=$br&g=2002&m=04&d=15&w1=r&r=2&w2=p&pub=005#banner).

Mr Martinsh Mits, former head of the Human Rights Institute of the
University of Latvia, told in the interview to the newspaper "Chas"
("The Hour"), that he does not expect radical changes in Latvia after
ratification of the Convention. It is a very weak document, and fuss
around it is political. According to Mr Mits, the only field where
Latvia does not fulfil requirements of the Convention is the right of
national minorities to use mother tongue before publuc authorities in
the areas where substantial numbers of them live, especially where
they constitute a majority. One more question which, according to
Mits, is of psychological nature, but is turned into political one in
Latvia, is the problem of street names and other public information in
two languages (April 16,
http://www.chas-daily.com/win/2002/04/16/l_039.html).

Mr Andris Shkele, leader of the People's Party, said in the interview
to "Lauku Avize" ("The Rural Newspaper") on April 18 that he does not
think Latvia should ratify the Convention. He noted, that under
provisions of the Convention, every state has the right to establish
its own definition of national minority. France, for example, did not
sign the Convention and does not recognise existence of any minorities
in the country. If a national minority is defined, for example, as
"ethnic group, which had lived there for the period of several
generations", then Latvia's Russian Old-Believers community will
qualify, but other Russians will not. So, because of these and other
difficulties, it is better not to hurry up with ratification.
According to Mr Shkele, one should not destruct world order, "every
state has its own peculiarities, and it will not be good to suggest
definition adopted in one state to another one automatically.
Altogether I feel, that there is no such pressure for this minority
convention recently as it was a year ago�.


Nationalistic youth organisation provokes conflict on May 9
-----------------------------------------------------------

Radical nationalistic Latvian youth organisation "Klubs 415" has
applied for a meeting near the Monument for Liberators of Riga from
Nazi's on May 9 from 6:00 till 24:00. "Klubs 415" is the first
organisation to apply for a meeting there on May 9 ("Telegraf" ("The
Telegraph"), April 22,
http://rus.delfi.lv/news/daily/telegraf/article.php?id=3051062).

Our commentary

On May 9, veterans of the Soviet Army and members of their families
traditionally hold a meeting near the monument. Several thousands
people visit the place this day, celebrated as the Victory Day of
anti-Hitler coalition. Minority organisations, embassies of Russia,
Ukraine and Belarus also participate in organisation of the events.

"Klubs 415", on the contrary, supports activities of the former
SS-Waffen Latvain legionnaires. Thus, in fact the application for a
meeting is aimed at provoking conflicts with the veterans on May 9.
The executive director of the Riga City Council is to take the
decision. 


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

Alexei Dimitrov
Tatyana Bogushevitch
Yuri Dubrovsky

==============================================================
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