MINELRES: Minority issues in Latvia, No. 78

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Minority issues in Latvia, No. 78
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
December 20, 2003
 
 
Content
- Lustration restrictions for MEPs introduced
- Education reform 2004: approved by the OSCE?
- Could non-citizens work in school?
- Minority issues: Latvia in Europe?
 
 
Lustration restrictions for MEPs introduced
-------------------------------------------
 
The Saeima (Parliament) of Latvia adopted the draft Law on the Elections
to the European Parliament in the second reading on December 18. The
Saeima decided to introduce lustration restrictions, similar to ones in
the legislation on domestic elections. The final decision will be
adopted during the third reading in January.
 
Electoral legislation of Latvia provides that persons who were active in
the Communist Party, Komsomol, Interfront, and some veteran
organizations after January 13, 1991, cannot run for both parliamentary
and municipal elections (although these organizations were legislatively
banned only in August 1991 � see corresponding provisions of the Saeima
Election Law ��
http://www.minelres.lv/NationalLegislation/Latvia/Latvia_ElecParl_excerpts_English.htm.
The same principle applies to former KGB agents.
 
In August 2000 the Constitutional Court of Latvia passed its judgment
regarding compliance of the political restrictions in the electoral
legislation with the Constitution, the European Convention of Human
Rights and the International Covenant on Civil and Political Rights. The
Court found that the restrictions were well-reasoned and legitimate, but
recommended to introduce the time limit for them (see Minority issues in
Latvia, No. 19, 
http://www.minelres.lv/archive//09012000-18:08:59-13484.html; full
English text of the judgment is available at
http://www.satv.tiesa.gov.lv/Eng/Spriedumi/03-01(00).htm; dissenting
opinion of three judges is available at
http://www.satv.tiesa.gov.lv/Eng/Spriedumi/03-01(opinions).htm). The
same issue was considered by the European Court of Human Rights in the
case Tatyana Zhdanok v. Latvia (hearings held in May 2003, the judgment
is not yet announced � see Minority issues in Latvia, No. 65,
http://lists.delfi.lv/pipermail/minelres/2003-April/002657.html). In
fact, 
Tatyana Zhdanok is a person, whose participation in the EP elections may
be threatened because of the newly introduced restrictions. 
 
MP Aldis Kuskis (the ruling New Era party) mentioned that the
restrictions are not based on the fear that democracy could be
threatened, but just on ethics. He believes that in the Western
democracies one cannot represent the state, if s/he is against the
independence of the state. �If politicians do not protect interests of
their state, but only represent any group in a democratic way, then the
question is � which state do they represent and protect�, Mr Kuskis
notes, �when interpreting the spirit of the Constitution, we have the
right to take into account, alongside with judicial arguments, the
influence of 50 years of occupation upon our nation� (the newspaper
�Diena� (�The Day�), December 5).
 
Director of the National Human Rights Office Olafs Bruvers, in turn,
sent an open letter to all MPs, where pointed out that the restrictions
do not comply with the Constitution and international obligations of the
state. He mentioned that in fact MPs try to make a decision instead of
voters. �No one can prove that these persons could threaten democratic
development of the society or public safety�, Mr Bruvers wrote. National
Human Rights Office recommends each MP to remember that the European
Court of Human Rights or UN Human Rights Committee takes into account
just judicial arguments, not moral or ethical ones (see in Latvian at 
http://www.vcb.lv/default.php?open=jaunumi&this=151203.110). This
opinion is shared also by Martins Mits, lecturer of the Riga Graduate
School of Law, former director of the Institute on Human Rights at the
University of Latvia (see at
http://www.politika.lv/index.php?id=107870&lang=lv).
 
In the meantime, during the plenary session of the European Parliament
on December 15 MEP Christopher Beazley (PPE-DE) replied to statements of
the GUE/NGL Group criticising the situation in Latvia (the latter
concerned withdrawal of the pro-minority observer Martiyans Bekasovs
from the EP � see Minority issues in Latvia, No. 77, 
http://lists.delfi.lv/pipermail/minelres/2003-December/003077.html). Mr
Beazley said that reference should be given to the �illegal Soviet
occupation of Latvia�, and the EU should understand �the sensitivities
and the histories� of the new Member States, also speaking about
lustration restrictions.
 
Our commentary
 
It seems there is a fundamental difference in perception of democracy in
the society of Latvia. Pro-minority politicians and lawyers point out
that a MEP represents interests of his/her voters; in turn, mainstream
politicians are sure that MEP should represent interests of the �state�
(it means, government). Unless there is an agreement on this issue or
judgment of the ECHR has been published, restrictions will be maintained
to prevent pro-minority opposition�s politicians from participation in
the elections.
 
 
Education reform 2004: approved by the OSCE?
--------------------------------------------
 
Tensions concerning the �education reform 2004� (switch to Latvian as
the main language of instructions in state-supported minority secondary
schools) continue. The OSCE High Commissioner on National Minorities
Rolf Ekeus acknowledged that the reform is necessary on December 1,
speaking to Minister for Foreign Affairs of Latvia Sandra Kalniete (news
agency LETA, December 2). In the meantime, the reform still arises
protests a of minority population. For example, schoolchildren in the
Riga secondary school No. 32 held a strike � refused to come to lessons,
protesting against the reform � on December 6 ( �Chas� (�The Hour�),
December 7).
 
Mass media have reported that all minority secondary schools in Riga are
going to teach 8-15 subjects in Latvian after September 1, 2004, but
only one school will teach 5 subjects in Latvian, as it is written in
legal acts. However, administration of schools has not confirmed this
information. Nevertheless, it is hard to combine both requirements of
legal acts � at least 5 subjects in Latvian and at least 60% of teaching
time in Latvian. It means that the school has to teach the most
complicated subjects totally in Latvian or to teach more than five
easier subjects in Latvian ( �Chas� (�The Hour�), December 5).
 
The Ministry of Education and Science suggests changing the composition
of the Consultative Council on Education of Minorities. Now 16 out of 22
members of the Council are civil servants or representatives of school
administration, which is appointed by local governments. In future, 10
out of 25 members will be representatives of the state, local
governments or school administration, others will represent NGOs.
However, head of the Integration Unit of the Ministry Evija Papule
mentioned that some persons who are well-known as leaders of so-called
�GONGO� (government-operated NGOs, in fact, �puppet� NGOs), will be
members of the Council (�Chas� (�The Hour�), December 10).
 
 
Could non-citizens work in school?
----------------------------------
 
Head of the Naturalization Board Eizenija Aldermane had a meeting with
MPs from the Submissions Committee on December 3. During the meeting she
mentioned that a number of naturalization applications had doubled since
the referendum on joining the EU took place. Mrs Aldermane also
mentioned that the minority youth starts to speak Latvian better;
nevertheless, a lot of youngsters are disloyal towards the state. She
believes that the family could influence them; besides, they do not have
�patriotic education�. A lot of teachers in minority schools are
non-citizens, who have no relations with the state ( �Latvijas Avize�
(�The Latvia�s Newspaper�), December 4).
 
In her interview for the newspaper �Telegraf� (�The Telegraph�) Mrs
Aldermane mentioned that the loyalty cannot be metered, but the problem
of patriotism is topical for ethnic Latvians too (December 5,
http://rus.delfi.lv/news/press/telegraf/article.php?id=6955751).
However, after 
her statements the nationalistic ruling parliamentary faction �For
Fatherland and Freedom�/LNNK declared its intention to suggest
legislative amendments stipulating that only citizens of Latvia could
work as teachers.
 
 
Minority issues: Latvia in Europe?
----------------------------------
 
EP rapporteur Elisabeth Schroedter visited Latvia on December 1-2 in
order to prepare a current report on enlargement. During the visit Mrs
Schroedter expressed her opinion on topical problems. She believes that
the state does not have a will to accept Russian minority as a part of
the new image of Latvia. Mrs Schroedter mentioned an example of
withdrawn observer in the EP Martiyans Bekasovs (see Minority issues in
Latvia, No. 77, 
http://lists.delfi.lv/pipermail/minelres/2003-December/003077.html) as
an example of overdone reaction to statements concerning minorities.
Minority education reform and too high language requirements for
naturalization were reported as an obstacle for naturalization too
(�Diena� (�The Day�), December 3). The report on enlargement will likely
be considered in the EP in March.
 
In the meantime the newspaper �The Budapest Sun� reported that a
principle of respect towards national minorities could be included into
the draft Treaty establishing a Constitution for Europe (Article 2).
This provision was promoted by the government of Hungary. As the
newspaper reports, Latvia and Estonia were against inclusion of the
provision into the draft. However, deputy state secretary of the
Ministry of Foreign Affairs Andris Piebalgs disprove this statement
(�Chas� (�The Hour�), December 12).
 
--------------
Compiled by:
 
Tatyana Bogushevitch
Alyona Babitch 
 
 
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