MINELRES: Minority issues in Latvia, No. 64

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


Minority issues in Latvia, No. 64
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
March 15, 2003

Content
- Discussion about ratification of FCNM continues
- Can anything stop the minority education reform?
- The only pro-minority parliamentary faction splits
- News of legislation: more restrictions for non-citizens?
- Minister for Interior: minorities are more "criminalized"?
- Application on "education reform 2004" declared inadmissible by ECHR
- Chairman of the Board of the Society Integration Foundation elected
- Latvian non-citizens in the EU: non-citizens of the EU?
- "Eurovision" song contest to be translated into Latvian?


Discussion about ratification of FCNM continues
-----------------------------------------------

The Minister for Foreign Affairs, Minister for Justice, Minister for 
Education and Science and Minister for Special Task in the Field of 
Integration Affairs discussed possible ratification of the Framework 
Convention for the Protection of National Minorities by Latvia on 
February 20. The Ministers agreed that the Convention is to be ratified 
during the term of the current Parliament's office. It is necessary to 
conduct comparative analysis of provisions of the Convention and Latvian 
legislative acts (BNS, February 21).

In the meantime, different political forces also discuss ratification of 
the Framework Convention as one of the topical issues in Latvia.
The People's Harmony Party (formerly part of the pro-minority coalition 
"For Human Rights in United Latvia") adopted resolutions during its 
congress on February 15, supporting immediate ratification of the 
Framework Convention without reservations and restrictive declarations, 
as well as opposing "education reform 2004", i.e. - limination of the 
state-supported secondary education in minority languages.

The nationalistic ruling party "For Fatherland and Freedom"/LNNK on the 
same day adopted the call upon the Prime Minister Einars Repse not to 
ratify the Framework Convention. The party considers that the term 
"majority" does not apply to ethnic Latvians, as the number of Latvians 
just slightly exceed the number of persons belonging to other ethnic 
groups, but non-Latvians constitute majority of population in the 
biggest cities. Article 4 para. 2 (obligation to guarantee full and 
effective equality) is not acceptable, as ethnic protectionism for 
ethnic Latvians is necessary in Latvia. Article 5 para. 2 (prohibition 
of forced assimilation) cannot be implemented, as sometimes the concept 
of integration adopted by the state is perceived as assimilation. 
Article 9 paras. 1 and 4 (use of minority languages in media) are 
unacceptable, because these provisions do not comply with the state 
policy in respect of language of broadcasting. Article 10 para. 2 (use 
of minority languages in relations with public authorities) is not to be 
implemented, as Latvian is the only state language in the country, which 
is to be used by public authorities without exceptions. Article 11 
paras. 2 and 3 (use of minority languages in public information and 
topographical indications) are unacceptable, as it will be possible to 
provide mass-scale advertising in Russian, as well as create bilingual 
topographical indications. Article 14 (use of minority languages in 
education) cannot be accepted, because it does not comply with switch to 
Latvian as the sole language of instruction in state-supported minority 
secondary schools scheduled for 2004. The party opposes implementation 
of Article 16 (prohibition to take measures aimed at changing 
demographic structure of areas inhabited by minorities in order to limit 
their rights), because it will prevent the state from "programmes aimed 
at improvement of demographic situation in Riga and Latgale" (regions 
predominantly populated by minorities - ed.). The party "For Fatherland 
and Freedom"/LNNK concludes that principles of the Framework Convention 
run contrary to the fundamental model of national state, state language 
policy and education policy; even signing of the Convention was a
mistake.

Our commentary

It seems that political decision to ratify the Framework Convention some 
day is adopted by the ruling coalition; only "For Fatherland and 
Freedom"/LNNK opposes it, but its role in the coalition is not 
significant now, as the party has only 7 MPs out of 100. In our view, 
the government of Latvia will delay ratification of the treaty until 
referendum on the EU accession takes place on September 20, 2003, 
claiming that otherwise "nationally minded" voters could vote
against joining the EU. After that the government will probably propose 
to ratify the Convention with some reservations, as Prime Minister 
Einars Repse suggested (see Minority issues in Latvia, No. 63,
http://lists.delfi.lv/pipermail/minelres/2003-February/002580.html).
At that moment the EU and other international organisations will have 
less opportunities to affect decision of the de facto full-fledged EU 
member state than they have now, during the pre-accession process.


Can anything stop the education reform?
---------------------------------------

In order to test the readiness of minority schools to switch to the 
Latvian language of instruction, the Ministry of Education and Science 
sent questionnaires to some school principals. Among other issues, the 
questionnaire explores the pupils' and their parents' attitudes towards 
the reform. MPs representing the People's Harmony Party (formerly part 
of the pro-minority coalition "For Human Rights in United Latvia") asked 
the Minister for Education Karlis Sadurskis to comment on these 
questions. It was asked why the directors' perception of these attitudes 
is envisaged as the only adequate inndication, and whether the Ministry 
intends for a survey, directly asking parents about their attitudes. In 
his answer, Mr Sadurskis pointed out that "school administration's 
everyday professional task is to estimate the schoolchildren 
preparedness and motivation. The questionnaire is drawn up so that it is 
possible to use the school administration's information quickly and in 
objective way& Thus, the information will be fair and wide".

The Minister was also asked about the way of choosing the schools that 
are to receive the questionnaires. However, Mr Sadurskis avoided 
answering this question.
Mr Sadurskis also wrote an article named "Intimidated Reform?", 
published in the Latvian-language daily "Diena" ("The Day", February 
26). There, he denies that schools' principals are pushed to declare the 
readiness for the reform, because "those, who have hidden the problems, 
will have to take responsibility for that after the year 2004". Besides, 
the Minister stresses that probably the idea that the Latvian language 
will not always be the only state language is the root for the wish to 
impede or stop the education reform in a part of the society.      Our 
commentary

The education reform has to be broadly discussed within the civil 
society in order to be implemented properly without harming those who 
will are now objects of the reform. Yet, it seems that the Ministry of 
Education and Science has a very special perception of how these 
discussions must be organised. It is no surprise that readiness of 
minority schools is declared to be almost overall, if only a few 
schools' principals are asked, and any objections are taken as "a sign 
of disloyalty". However, even in such circumstances only 14 minority 
schools out of 131 declared readiness for the reform now, 100 claim to 
be prepared by 2004, but 17 say they will hardly be ready by 2004.


The only pro-minority parliamentary faction splits
--------------------------------------------------

The only pro-minority parliamentary faction "For Human Rights in United 
Latvia" ("HRUL") split after the People's Harmony Party (PHP) left the 
coalition. This decision was taken by the PHP annual congress which took 
place on February 15.

Thus, only two parties now remain in the HRUL: "Equal Rights" party and 
the Socialist Party. The faction has 8 MPs. The PHP established a 
separate faction in the parliament represented by 17 MPs.
Both factions after the split declared they will not change their goals 
and will follow the pre-election program. The main reason declared by 
PHP for leaving the coalition was ineffective decision-making and 
disagreements between the parties about joining EU and NATO.    Our 
commentary

We regret that splitting was seen as the only way of solving the 
existing contradictions. We recognise that although the parties will 
apparently vote similarly on minority issues in the Saeima, their 
positions and potentialities in the field of protecting minority rights 
are weakened.
News of legislation: more restrictions for non-citizens?
--------------------------------------------------------

The Saeima (Parliament) of Latvia has recently discussed some issues 
concerning non-citizens of Latvia (permanent residents of Latvia, 
citizens of the former USSR, who came to Latvia during the Soviet 
period). MP from the coalition "For Human Rights in United Latvia" 
Vladimir Buzayev suggested amending the Law "On the State Revenue 
Service" in order to provide the right to work at the State Revenue 
Service for non-citizens, but the Saeima rejected this proposal on March 
13. Now only citizens of Latvia have the right to work at the Service as 
civil servants, but citizens and persons possessing permanent residence 
permit have the right to work as other employees. Despite non-citizens 
of Latvia are not required to possess permanent residence permit, the 
Saeima refused to correct this legal mistake.

Now the Saeima discusses amendments to the Pharmacy Law. Minister for 
Health Aris Auders suggested extending education and professional 
requirements for pharmacists. One of the proposals was that a 
pharmacist, who is not a citizen of Latvia and of a member state of the 
European Union or European Economic Area, has to work a year at the 
chemist's under supervision of pharmacist, before he/she can start 
his/her own practice at the chemist's. In fact, this provision concerns 
also non-citizens of Latvia. The proposal was supported by the 
Parliamentary Social and Employment Committee and adopted in the second 
reading on February 27. However, Aris Auders and Minister for Special 
Task in the Field of Integration Affairs Nils Muiznieks recognised that 
such requirement for non-citizens is ill-founded, therefore it should be 
excluded from the draft law before the third reading ("Diena" ("The 
Day"), February 26). Non-citizens could not work at chemist's at all in 
the period from 1993 till 1998, before this professional ban was 
cancelled by amendments to the Pharmacy Law.
The Saeima discussed the right of non-citizens to own land in rural 
areas. The Parliamentary Committee on Economic, Agricultural, 
Environmental and Regional Development has submitted amendments to the 
Law "On Land Privatisation in Rural Areas", providing that non-citizens 
of Latvia and foreigners possessing permanent residence permit, if they 
lived in Latvia for 10 years or paid taxes in Latvia for 5 years, can 
own land in rural areas, excluding land used in agriculture or forests 
that was not rented by these persons for at least 3 years. The main aim 
of the amendments was to introduce 7-year transitional period for the EU 
citizens' right to own land in Latvia.

Now non-citizens of Latvia regardless of their term of living can own 
land in rural areas, if permitted by local government's officials, 
excluding land used in agriculture or forests, or land in border areas. 
After the first reading parliamentary factions of the party "For 
Fatherland and Freedom"/LNNK and Union of Greens and Farmers suggested 
to maintain restrictions for non-citizens in force, and the Committee on 
Economic, Agricultural, Environmental and Regional Development supported 
this proposal. Therefore, restrictions for non-citizens will possibly 
remain in force even after they are abolished for the EU citizens 
("Telegraf" ("The Telegraph"), March 13,
http://rus.delfi.lv/news/press/telegraf/article.php?id=4980941).


Our commentary

It seems that the new Saeima, where a lot of new political actors are 
represented, is going to restore old practice of introducing new 
restrictions for non-citizens (professional bans, ownership 
restrictions, etc.). Such practice existed for a long time in Latvia 
before 1997-1998, when it was abandoned under pressure of OSCE and other 
international organisations. After the OSCE Mission to Latvia is closed, 
but the monitoring procedure by the Council of Europe is finished, the 
Latvian authorities do not see attention paid to non-citizens' problems, 
therefore they feel free to introduce new limitations or restore the old 
ones.


Minister for Interior: minorities are more "criminalized"?
----------------------------------------------------------

Minister for Interior Maris Gulbis (the "New Era" party) spoke about 
ethnicity of Latvian criminals in his interview to the March edition of 
the magazine "Rigas Laiks" ("Riga's Time"). Mr Gulbis notes, that 
minorities do form majority among criminals and prisoners, which creates 
some "internal nationalism" among ethnic Latvians. "I Am not a racist 
and not nationalist. But when I see what the situation is, that still 
more non-Latvians are in prisons, that there are more criminals among 
non-Latvians, I know, what group of people mostly sells drugs... and it 
seems to me sometimes  why did Latvians deserve such a situation?". 
Minister sees reasons for anti-immigrant parties winning elections in 
some European countries, and is disturbed with reality Latvia will face 
after joining the EU and NATO.
Prime Minister Einars Repse stated, that Gulbis' view is not the opinion 
of the government ("Vesti Segodnya" ("The News Today"), March 3, 
http://rus.delfi.lv/temp/vesti/vs_04_1096.pdf). Answering the question 
by MPs from the coalition "For Human Rights in United Latvia" the 
Minister recognised that non-Latvians, as a rule, have more social 
problems, and said that the Ministry is going to pay more attention to 
prevention of crimes among non-Latvians.
Our commentary

Opinion that non-Latvians commit crimes more often than ethnic Latvians 
is quite widespread in Latvia. We reported about similar statements of 
ex-mayor of Riga, current MP Andris Argalis (see Minority issues in 
Latvia, No. 42,
http://racoon.riga.lv/minelres/archive//01182002-19:05:35-26586.html). 
We believe that such public statements of the Minister for Interior are 
unacceptable.

We fully agree with the opinion of director of the Latvian Centre for 
Human Rights and Ethnic Studies Ilze Brands-Kehre, who pointed out that 
ethnic composition among prisoners does not prove that some ethnic 
groups have a tendency to commit crimes, but it corresponds to ethnic 
composition in the biggest cities, where the level of criminality is 
much higher than in rural areas. Besides, we believe that non-Latvians 
have more social problems because of the lack of citizenship or state 
language knowledge, that also could affect higher criminality rates 
among ethnic minorities.


Application on "education reform 2004" declared inadmissible 
------------------------------------------------------------
by ECHR
-------

The European Court of Human Rights declared inadmissible application of 
Yelena Grishankova and Oleg Grishankov concerning the "education reform 
2004" (see Minority issues in Latvia, No. 57,
http://lists.delfi.lv/pipermail/minelres/2002-October/002356.html) on 
February 13. The applicants claimed that the Education Law providing 
that since September 1, 2004 Latvian is the sole language of instruction 
in state-supported secondary schools runs contrary to the European 
Convention on Human Rights.

The Court recognised that the legal provision of domestic legislation 
can violate the right protected by the Convention, even if there is not 
an individual act based on this legal provision (Article 34 of the 
Convention). However, according to Article 35 para. 1, the Court cannot 
consider application, before all effective domestic remedies are not 
exhausted. According to the amendments to the Law on the Constitutional 
Court (in force since July 1, 2001), an individual can submit a 
complaint to the Constitutional Court claiming that his/her rights 
protected by the Constitution are violated. Article 112 of the 
Constitution of the Republic of Latvia protects the right to education; 
therefore, applicants could bring an action before the Constitutional 
Court. It means that domestic remedies are not exhausted in the case 
(full text of the decision is available in French at the website of the 
Court  http://www.echr.coe.int).

Our commentary

We already pointed out that the application could be rejected on the 
reason mentioned by the European Court of Human Rights. Moreover, we 
think that the violation would not be found either by the Constitutional 
Court or by the European Court even if consideration on the merits would 
take place  the Belgian linguistic case of 1968 is a landmark precedent 
in this respect. We still believe that the problem should be solved 
rather by political means.


Chairman of the Board of the Society Integration Foundation elected
-------------------------------------------------------------------

The President's advisor and businessman Sols Bukingolts has become a new 
chairman of the Council of the Society Integration Foundation (SIF) 
("Diena" ("The Day"), March 5). The SIF worked without a Board's 
chairman for almost half a year, after Ramona Umblija had left the post. 
Among other integration projects, the SIF will finance activities of the 
Minister for Special Task in the Field of Integration Affairs, 
priorities being promotion of naturalisation and development of 
bilingual education.
Our commentary

It is stressed as a positive aspect that as Mr Bukingolts lived in the 
USA for several decades, he has a "western approach" to integration 
issues. We would argue that his "western background" is more likely to 
be valuable for the purposes of "image making" of integration abroad 
rather than solving the local problems.
Latvian non-citizens in the EU: non-citizens of the EU?
-------------------------------------------------------

Latvian non-citizens will not get equal status with other EU citizens, 
when Latvia joins the EU ("Vechernyaya Riga" ("The Evening Riga"), 
February 24, http://rus.delfi.lv/archive/index.php?id=4859728). There is 
no other possibility for Latvian non-citizens than naturalisation. 
According to Eizenija Aldermane, head of the Naturalisation Board, some 
120,000  150,000 young active non-citizens will get naturalised, thus 
leaving 450,000 non-citizens after Latvia joins the EU ("Telegraf" ("The 
Telegraph"), February 20,
http://rus.delfi.lv/archive/index.php?id=4838159). Non-citizens will not 
have electoral rights at municipal elections every EU citizen will have 
in Latvia, their freedom of movement will be restricted. Now Denmark is 
the only EU member state to grant visa-free entry for non-citizens.
It is a new problem for the EU, Andrew Rasbash, head of the delegation 
of European Commission in Latvia, acknowledged. Resolution depends 
primarily on Latvia. There was an idea to make the rights of Latvian 
citizens and non-citizens equal, but now they are treated as citizens of 
non-EU states.

Our commentary

In our view, no one in Latvia knows exactly, what will be the status of 
Latvian non-citizens after the country joins the European Union. The 
problem mainly concerns the freedom of movement within the EU (the right 
to work, visa-free entry, etc.), electoral rights, professional 
restrictions. It seems that Latvia did not touch upon the issue at all 
during the accession negotiations, hoping that after Latvia joins the 
EU, the problem of non-citizens will be the problem of the EU, not 
Latvia itself. Even now only Minister for Special Task in the Field of 
Integration Affairs Nils Muiznieks tries to discuss the issue, 
establishing a working group; other ministries, including the Ministry 
of Foreign Affairs and Ministry of Interior, are very passive.

We believe that it would be very hard to treat non-citizens of Latvia 
and Estonia in the same way as citizens of non-EU states, long-term 
immigrants, and so on. On the other hand, the Union will hardly impose 
on Latvia the obligation to grant the citizenship automatically to all 
non-citizens. We think that under pressure and with financial support of 
the Union Latvia will speed up naturalisation, making it easier and 
promoting it by different information campaign. In any case, there will 
remain a big number of non-citizens even after joining the EU, therefore 
their status is to be determined before it.


"Eurovision" song contest to be translated into Latvian?
--------------------------------------------------------

Director of the Latvian Television Uldis Grava wrote a letter to State 
Language Centre, asking to allow not to translate "Eurovision" song 
contest to be held in Latvia on May 19-25 into Latvian, as English and 
French are working languages for the international contest.

According to the State Language Law, events held by state enterprises 
(including the public Latvian Television) are to be held in Latvian or 
translated into Latvian (Art. 11). The State Language Centre can exempt 
organiser of the event from this requirement, if participants of 
international event agreed that other languages are working languages of 
the event.

The State Language Centre agreed with holding rehearsal and final 
concert in English, still,  organizers are to provide information in 
Latvian and translate TV-version in Latvian to allow those, who do not 
want to hear English live version, to watch it in Latvian. It reminded, 
that all advertising is to appear in Latvian, as well as all 54 press 
conferences to be held with translation into Latvian (LETA, March 7).
-----------------------
Compiled by:

Alexei Dimitrov
Tatyana Bogushevitch
Yuri Dubrovsky

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