MINELRES: Minority issues in Latvia, No. 55

[MINELRES moderator]

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


Minority issues in Latvia, No. 55
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
September 15, 2002


Content

- PACE Monitoring Committee postpones vote on reopening of the
monitoring of Latvia
- First study of ethnic discrimination in Latvia published
- 3rd Parents' conference for education in Russian
- Can non-citizens work as firemen?
- Draft law on new political and language restrictions for municipal
officials rejected
- Refugees will be taught Latvian free of charge; what about
minorities?
- New publications of the Latvian Centre for Human Rights and Ethnic
Studies
- Minority issues No. 54 � the follow-up


PACE Monitoring Committee postpones vote on reopening of the 
------------------------------------------------------------
monitoring of Latvia
--------------------

On September 10, the PACE Committee on the Honouring of obligations
and commitments by member states of the Council of Europe (Monitoring
Committee) discussed the motion for a resolution "Reopening of
monitoring procedure in respect to Latvia".

The Parliamentary Assembly of the Council of Europe closed the
monitoring procedure in respect of Latvia on January 23, 2001 (see
Minority issues in Latvia, No. 24,
http://racoon.riga.lv/minelres/archive//02042001-20:31:58-6272.html).
The Assembly called on the Latvian authorities to ratify as a matter
of priority the Framework Convention for the Protection of National
Minorities and to amend and implement legislation, in particular the
State Language Law, in conformity with the provisions and the spirit
of the framework convention; to give further encouragement to
non-citizens to apply for citizenship � through media campaigns and
public statements by the political leadership; to provide additional
resources to the Naturalisation Board and the National Programme for
Latvian Language Training; to amend and implement the Education Law of
October 1998 in accordance with the provisions and spirit of the
Framework Convention for the Protection of National Minorities; to
devise and adopt a law on the protection of national and language
minorities and establish a state body in charge of minority affairs;
to ratify as a matter of priority the Social Charter of the Council of
Europe; to speed up the implementation of the Social Integration
Programme (see full text of the Resolution 1236 (2001) at
http://assembly.coe.int/Main.asp?link=http%3A%2F%2Fassembly.coe.int%2FDocuments%2FAdoptedText%2FTA01%2FERES1236.htm).

On June 27, 2002 Dmitry Rogozin (Russian Federation) and other members
of PACE submitted the motion for a resolution "Reopening of monitoring
procedure in respect to Latvia". Deputies mentioned that Latvia has
failed to honour most of the Assembly recommendations: it has not
ratified the Framework Convention for the Protection of National
Minorities yet; the State Language Law and Education Law have not been
amended; the rate of naturalisation decreased; a law on the protection
of minorities has not been adopted; the Latvian authorities have not
engaged in an open dialogue with non-Latvians on the implementation of
the Education Law; the Law on Radio and Television establishes a 25%
quota for broadcasting/telecasting in languages other than Latvian
(see full text at
http://assembly.coe.int/Main.asp?link=http%3A%2F%2Fassembly.coe.int%2FDocuments%2FWorkingDocs%2FDoc02%2FEDOC9501.htm).
Mr Rogozin and others suggested reopening the monitoring procedure in
respect of Latvia.

After debates the Monitoring Committee has decided not to vote for the
draft resolution, because it would not be expedient. The issues raised
in the motion will be discussed in the course of the ongoing
post-monitoring dialogue with Latvia. Visit of the chairperson of the
Committee, Mme Josette Durrieu, is scheduled in October � November,
and corresponding memorandum is to be prepared on the basis of this
visit.

Boris Tsilevich, representative of the oppositional pro-minority
coalition "For Human Rights in United Latvia" in PACE, considers that
indeed Latvia does not follow most of the recommendations. However, he
wants to believe that the newly elected Parliament (parliamentary
elections will be held on October 5) and new government will handle
the recommendations more properly. Thus, in his view, reopening of the
monitoring at this stage would be premature. However, if the new
government continues avoiding implementation of Latvia's obligations,
Mr Tsilevich will support reopening of the monitoring procedure
("Diena" ("The Day"), September 11).

Our commentary
 
We fully agree with Mr Tsilevich's views as regards reopening of the
monitoring procedure. We hope that the newly elected Parliament will
be less nationalistic and will work seriously on minority related
issues. At the same time, problems concerning implementation of the
PACE recommendations demonstrate that closure of the monitoring
procedure in January 2001 was premature.


First study of ethnic discrimination in Latvia published
--------------------------------------------------------

Results of the completed research "Occupational Representation and
Ethnic Discrimination in Latvia" conducted by the researcher of the
Latvian Centre for Human Rights and Ethnic Studies Dr Artis Pabriks
are now published (see the English version at
http://www.politika.lv/polit_real/files/lv/SFL_Pabriks_eng.pdf).

The aim of the project was to explore how ethnic groups are
represented on the labour market and in education sphere in Latvia. As
the author pointed out, it must be kept in mind that even presumed
under-representation (i.e. one which cannot be proven with facts)
might cause feeling of insecurity among those being under-represented,
thus producing mistrust towards the entire system.

According to the data, positions in the ministries are almost totally
occupied by ethnic Latvians (92%). Dr Pabriks mentions a number of
objective reasons for such disproportion � history of Latvia and
Soviet policy in the field of employment, language and citizenship
factor, minorities' alienation from state institutions,
self-segregation of ethnic groups. The author concludes that the
disproportions do not prove the existence of discrimination on the
ground of ethnic origin in Latvia.

Our commentary

It is hard to overestimate the importance of the research, because
such data on ethnic origin of employees are collected for the first
time ever. However, we must admit that the research has some
fundamental flaws. In our view, it would be premature to say that
there is no discrimination on the labour market in Latvia without
further research; the significant disparities demonstrate clearly that
this research must be continued. Some of explanations offered by Dr
Pabriks are quite doubtful � for example, "low prestige of job in
ministries" and "higher prestige of job in prisons" in the eyes of
ethnic minorities. For more in-depth analysis of the research, see
comment by Tatyana Bogushevitch in daily "Telegraf" ("The Telegraph"),
September 6 (download from
http://rus.delfi.lv/temp/telegraf/T211-16.pdf) and review by Alexei
Dimitrov at http://www.politika.lv/index.php?id=104240&lang=lv).


3rd Parents' conference for education in Russian
------------------------------------------------

On September 14, the NGO LASHOR (Association for Support of
Russian-Language Schools in Latvia, http://www.lashor.lv) held the
third parents' conference "To learn in mother tongue" (the first
conference was held on November 25, 2000 - see Minority issues in
Latvia, No.23,
http://racoon.riga.lv/minelres/archive//12232000-13:14:48-27639.html;
the second one � on November 24, 2001 � see Minority issues in Latvia,
No. 40,
http://racoon.riga.lv/minelres/archive//12102001-09:16:25-11465.html).

This year the conference was closely connected to the upcoming
parliamentary elections (October 5). The main aim of the conference
was to formulate the parents' requirements in the field of minority
education, as well as to clarify, which major political parties would
be ready to take them into account.

Participants of the conference required politicians to abolish switch
to Latvian as the sole language of instruction in state-supported
minority secondary schools scheduled for 2004. They also claimed to
provide legislative guarantees for state-supported primary and
secondary education in Russian as the language of the largest national
minority; to provide legislative guarantees for state-supported
primary and secondary education for other minorities living in Latvia
in substantial numbers; to grant local governments the right to choose
the language of instruction in schools after consultations with school
self-governments and the Ministry of Education and Science; to take
into account schoolchildren's and their parents' will when choosing
school curricula; to establish the Department on Minority Education
within the Ministry of Education and Science (see in Russian at
http://www.lashor.lv/obrashenie.html).

The NGO LASHOR has also elaborated draft amendments to the Education
Law (see the current text of the law in English at
http://www.minelres.lv/NationalLegislation/Latvia/Latvia_Education_English.htm)
and the General Education Law. The draft amendments (see in Latvian at
http://www.lashor.lv/popravki.html) are to establish a legal framework
for implementation of the schoolchildren parents' requirements. 

LASHOR has been since lately involved into activities of the Riga City
Council in the field of education in minority languages - member of
LASHOR's board, experienced teacher and methodologist Yelena
Matyakubova has been appointed chief specialist for minority education
affairs of the municipal Department of Education, Youth and Sports
("Chas" ("The Hour"), September 12,
http://www.chas-daily.com/win/2002/09/12/g_024.html?r=32&).

The Minister for Education and Science Karlis Greiskalns declined
invitation to participate in the conference. He declared that the
conference was "a purely political event" ("Vesti Segodnya" ("The News
Today"), September 12,
http://rus.delfi.lv/news/press/vesti/article.php?id=3883189). Out of 7
leading political parties invited to speak at the conference, only
three accepted the invitation ("The Latvian Way", "For Human Rights in
United Latvia" - FHRUL, and the coalition of Farmers' Union and the
Greens). In turn, "The New Era", People's Party, "For Fatherland and
Freedom" and the Social Democratic Workers' Party refused to meet the
minority parents. Only FHRUL leader Janis Jurkans expressed
unconditional support to the suggestions of Russian parents. 

Our commentary

We welcome activities of the LASHOR. As we pointed out repeatedly,
elimination of state-supported secondary education in minority
languages is one of the most sensitive and legally complex issues in
Latvia (see Minority issues in Latvia, No. 52,
http://lists.delfi.lv/pipermail/minelres/2002-June/001968.html).
Unfortunately, the Ministry of Education and Science does not change
its policy in this field, and keeps ignoring opinions of
schoolchildren, their parents and teachers. Apparently, the only
possibility to avoid switch to Latvian as the sole language of
instruction is connected to the results of the parliamentary
elections, therefore LASHOR is forced to address the politicians.


Can non-citizens work as firemen?
---------------------------------

On September 12, the Saeima (Parliament) of Latvia adopted new Fire
Safety and Fire-Fighting Law in the second reading. According to the
Law, all firemen will become civil servants in the specialised State
civil service. This is why only citizens of the Republic of Latvia
will have the right to work as firemen.

Similar provision concerning the citizenship requirement for firemen
was included into the Law on Fire Safety currently in force in
December 1994. However, this provision was abolished in January 1997,
following persistent recommendations of the OSCE High Commissioner on
National Minorities, as well as conclusions of the National Human
Rights office. Now the restriction for non-citizens is going to be
restored.

The pro-minority parliamentary faction "FHRUL" will submit an
amendment to the draft law in order to make it possible also for
non-citizens to continue working as firemen. The State Civil Service
Law provides that special provisions of laws concerning the
specialised State civil service (e.g laws on police, border guard,
fire-fighting etc.) may be different from provisions of the State
Civil Service Law.

Our commentary

There is still a number of differences between citizens' and
non-citizens' non-political rights in Latvia, including the right to
work in some professions (for details see
http://www.minelres.lv/count/non_cit-rights_2.htm). In our view, it is
inadmissible to establish new restrictions, the more so that
integration of the society is officially declared priority. We believe
that international organisations (especially OSCE) should pay
attention to this attempt to introduce new professional bans for
non-citizens of Latvia.


Draft law on new political and language restrictions for municipal 
------------------------------------------------------------------
officials rejected
------------------

On September 12, the Saeima rejected draft amendments to the law "On
Local Governments". The draft, initiated by the radical nationalistic
party "For Fatherland and Freedom", stipulated new restrictions for
persons wishing to occupy the positions of executive directors of
local governments. The restrictions are the same as already provided
for deputy candidates in local elections. Some of them are of
political nature (former members of the Communist Party and some other
organisations which did not support drive for Latvia's independence in
1989-1991), and restrictions for former agents of KGB and other
foreign security services. Also those persons, who do not have command
in the state language at the highest level of proficiency, would not
be allowed to occupy the positions, according to the draft (see
Minority issues in Latvia, No. 47,
http://racoon.riga.lv/minelres/archive//04022002-12:00:04-3735.html).

Our commentary

In our view, rejection of the draft does not mean that right-wing
parties intend to abandon the policy of lustration and revenge for
failure at municipal elections in Riga in March 2001. Rather, other
parties of the ruling coalition do not wish to advertise initiatives
of their competitor during the pre-election campaign.


Refugees will be taught Latvian free of charge; what about minorities?
----------------------------------------------------------------------

On September 10, the Cabinet of Ministers adopted regulations on
relief for refugees. In particular, the state will cover expenses for
Latvian language training for refugees up to Ls 35 (approx. EUR 60)
per month.

Our commentary

We highly welcome this decision of the government, the more so that
anti-immigrant and anti-refugee moods are growing in Latvia along with
the approaching accession to the EU. In the meantime, we should
mention that so far no free access to Latvian language courses is
ensured for the persons belonging to national minorities, including
the citizens of Latvia. One can learn Latvian free of charge, if
he/she is lucky to work in some professions (e.g. teachers of minority
schools). Besides, some isolated projects of free Latvian language
training have been implemented for naturalisation applicants, thanks
to financial assitance provided by some international organizations
and foreign states. We believe that the government should allocate the
state's financial support for Latvian language courses free of charge
and available to all residents as soon as possible.


New publications of the Latvian Centre for Human Rights and Ethnic
------------------------------------------------------------------
Studies
-------

The Latvian Centre for Human Rights and Ethnic Studies (LCHRES) has
published its report "Human Rights in Latvia" about the first half of
2002. In the field of minority rights the Centre mentions abolition of
the state language requirements for deputy candidates, closure of the
"Russian Radio" for violations (including violations of quota for
broadcasting in languages other than Latvian), attempts of the State
Language Centre to widen its authority to regulate language use in
private sphere, "language amendments" to the Constitution, activities
of the Society Integration Foundation and of the Naturalisation Board.
Full text of the report is available in English at
http://www.politika.lv/polit_real/files/lv/2002pusgad_EN.pdf. LCHRES
has published in English also a report about activities of the
President's Commission on the State Language
(http://www.policy.lv/monitor/?id=103661&lang=en) and article by its
director Dr Nils Muiznieks about the role of minority issues in the
newly elected Parliament (read at
http://www.policy.lv/index.php?id=102473&lang=en).


Minority issues No. 54 � the follow-up
--------------------------------------

We express our gratitude to everyone who sent us comments about the
last issue of our newsletter. Special thanks to Mr Janis Mazeiks from
the Latvian Ministry of Foreign Affairs who pointed to the ruling of
the European Court of Human Rights on the admissibility of the case
Shishkina and Shishkins v. Latvia (the complaint has been deemed
inadmissible, since it concerned only the name spelling solely in
machine-readable zone, which is not envisaged for any other purpose
than machine-reading). We have recommended our colleague to add the
link to this ruling at the website on minority names' spelling
(unfortunately, the text of the ruling is so far available in French
only). However, two other Latvia's cases on minority names' spelling
in ECHR (Mentzen v. Latvia and Kuharec v. Latvia) concern spelling of
the surname in the part for identification, not machine-readable zone,
unlike in the case Shishkina v. Latvia. We would like to encourage our
subscribers to participate in the "agenda-setting" of the newsletter
sending us your critical remarks and recommendations also in future.

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

Alexei Dimitrov
Tatyana Bogushevitch
Yuri Dubrovsky

===========================================================
Minority issues in Latvia
Newsletter published by the Latvian Human Rights Committee (F.I.D.H.)
Subscription/inquiries: minissues@delfi.lv
Back issues:
http://www.minelres.lv/count/latvia.htm#MinIssuesLatvia
===========================================================