MINELRES: Minority issues in Latvia, No. 72
MINELRES moderator
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Mon Sep 8 11:54:00 2003
Original sender: Tatyana Bogushevitch <[email protected]>
Minority issues in Latvia, No. 72
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
September 6, 2003
Content
- "Education reform 2004": new mass rally, still no dialogue
- UN CERD adopts Concluding Observations on Latvia
- Attacks on the Minister for Integration to be continued?
- Language examinations for foreigners: requirements to be adopted
- Non-citizens: how to travel within the EU?
- Human rights activist is fighting for his name
- Conference "Russians in Latvia - Russians in Europe": benefits and
losses of Eurointegration
- "There lives a Latvian in each Russian"
- Ilmars Latkovskis: deadlock of integration
- Features of nationalism in the Latvian- and Russian-language press
"Education reform 2004": new mass rally, still no dialogue
----------------------------------------------------------
A meeting in support of the state-financed secondary education in the
Russian language took place in the centre of Riga on September 4.
According to different estimations 4,000 10,000 persons participated
("Diena" ("The Day"), September 5). Some speakers - teachers mentioned
that they were warned they might lose they job, if take part in the
event ("Vesti Segodnya" ("The News Today"), September 5,
http://rus.delfi.lv/news/press/vesti/article.php?id=6195231
Some days before the meeting the NGO LASHOR (Association for Support of
Russian-Language Schools in Latvia) presented signatures by residents of
Latvia collected in favour of maintaining state-supported secondary
education in minority languages. 106,157 signatures were collected in
less than 5 months ("Chas" ("The Hour"), September 3). The Headquarter
for the support of Russian schools also organised a competition of
caricatures and slogans devoted to the education reform.
As we reported in the previous issue of our newsletter (see Minority
issues in Latvia, No. 71,
http://lists.delfi.lv/pipermail/minelres/2003-August/002884.html,
executive director of the Riga City Council Maris Tralmaks refused to
approve the application for the meeting submitted by pro-minority
politicians and NGO activists. The Riga Ziemele district court has
decided that the refusal is legitimate ("Telegraf" ("The Telegraph"),
August 26, http://rus.delfi.lv/archive/article.php.
A day later LASHOR submitted a new application, taking into account the
objections to the first one and stating that there will be fewer
participants and they will be standing further from the building of the
General Prosecutor's Office (according to the Law on Meetings, Rallies
and Pickets, it is prohibited to hold such an action closer than 50 m
from this building) ("Chas" ("The Hour"), August 27). It should be
mentioned that a park in the centre of Riga near the building of the
General Prosecutors Office simply is a traditional place for such
actions; participants did not address the General Prosecutor at all.
The new application was not supported by other members of the
Headquarter for the support of Russian schools, who suggested holding
the meeting as a meeting of pro-minority members of Parliament and Riga
City Council with their electorate (this kind of meeting does not
require prior approval by authorities) and even warned the Riga City
Council about it. On that reason, the application submitted by LASHOR
was rejected, as well as another one its application submitted later
("Chas" ("The Hour"), August 28). After that representatives of LASHOR
declared that they are not ready to participate in the unapproved event.
It was held by the Headquarter for the support of Russian schools as a
meeting with deputies from the pro-minority political union For Human
Rights in United Latvia. Some days before the meeting these deputies
asked the President, Prime Minister, Minister for Education and Science
and Minister for the Special Task in the Field of Integration Affairs to
organise a discussion with activists of minority NGOs and the
Headquarter for the support of Russian schools on the education reform
("Chas" ("The Hour"), September 2).
Another pro-minority party - People's Harmony Party - also announced its
stance regarding the education reform. It welcomed recent amendments to
the Education Law abolishing the provision on the secondary education
being provided in Latvian only (see Minority issues in Latvia, No. 71,
http://lists.delfi.lv/pipermail/minelres/2003-August/002884.html).
However, the party suggests introducing obligatory examination in the
Latvian language for all schools, but each school itself should have the
right to determine language proportions in education. Besides, all
graudation examinations should be passed in the language of teaching,
and the Ministry of Education and Science should take into account the
opinion of LASHOR, as well as other minority organisations, when
deciding on issues related to minority education ("Chas" ("The Hour"),
September 4).
In the meantime, the Cabinet of Ministers went on with establishing
legal framework for the language proportions in education (see also
Minority issues in Latvia, No. 71,
http://lists.delfi.lv/pipermail/minelres/2003-August/002884.html).
It amended the Professional Education Law on August 19 stipulating that
from September 1, 2004 the government determines language proportions in
professional education. On the same day it was decided that up to 40% of
the curricula could be taught in minority languages, therefore, not less
than 60% is to be taught in Latvian, similarly to secondary schools
("Vechernyaya Riga" ("The Evening Riga"), August 19).
According to the Russian news agency RIA, the Minister for Foreign
Affairs of Italy, the EU presiding country, in the correspondence to the
Minister for Foreign Affairs of Russia declared that the EU will pay
attention to the integration problems of Russian-speakers in Latvia and
Estonia, and that education issues are to be solved in accordance with
the European standards on the protection of minority rights ("Neatkariga
Rita Avize" ("The Independent Morning Newspaper"), September 2);
Integration Monitor, September 2,
http://www.policy.lv/monitor/?id=101734&date=02092003).
Our commentary
The government of Latvia has good opportunities to start a real dialogue
with minorities regarding the education reform. Now it is able to choose
a partner for a dialogue itself, as statements of pro-minority political
forces and NGOs are quite different. However, in our view, if the
Cabinet does not do anything, there is a serious risk that persons
belonging to minorities might increasingly support more and more radical
groups to find a solution.
We regret the contradictions between pro-minority organisations
concerning implementation of the reform. However, it is natural that
different organisations and their activists could have different
attitudes towards the reform and the ways of its implementation.
UN CERD adopts Concluding Observations on Latvia
------------------------------------------------
The UN Committee on the Elimination of Racial Discrimination (CERD) at
its 63rd session adopted Concluding Observations on Latvia in respect of
implementation of the Convention on the Elimination of All Forms of
Racial Discrimination. CERD considered the periodic report of the
Republic of Latvia (press release available at
http://www.unhchr.ch/huricane/huricane.nsf/view01/A8891498DDA81974C1256D8900455621?opendocument;
official version will be available soon at the website of the UN High
Commissioner on Human Rights http://www.unhchr.ch) on August 13 and 14,
and adopted the Concluding Observations on August 21.
The Committee welcomed the ongoing efforts of Latvia to introduce
legislative reform in accordance with international standards, and was
encouraged by the efforts to support and facilitate the process of
naturalisation through legal measures and targeted projects. It pointed
at the right of individuals to submit complaints to the Constitutional
Court, the new Labour Law providing various anti-discrimination
provisions, amendments to the election legislation abolishing state
language proficiency requirements for deputy candidates, as well as the
new Law on IDs, where ethnicity record in documents is not mandatory. It
also welcomed the National Programme for
the Integration of the Society in Latvia adopted in 2001 and the
establishment in 2002 of a post of Minister for the Special Task in the
Field of Integration Affairs tasked with coordinating
anti-discrimination, minority, and social integration policies. The
Committee also welcomed the recent judgment of the Constitutional Court
declaring unconstitutional a section of the Law on Radio and Television,
which restricted the airtime of minority languages in Latvian private
electronic media.
The Committee was concerned, however, that the legal provisions defining
racial discrimination were not in full conformity with the Convention.
The Committee recommended that Latvia pursue its efforts with regard to
the preparation of a comprehensive anti-discrimination law and of
amendments to the Labour Law, and urged it to fully incorporate the
definition of racial discrimination as stipulated in the Convention into
its legislation. The Committee also recommended that Latvia ensure that
the State Language Law does not result in unnecessary restrictions,
which could have the effect of creating or perpetuating ethnic
discrimination.
The Committee also recommended that Latvia review its domestic
legislation and that it adopt specific legislation on organised and
other propaganda activities which promote and incite racial
discrimination, irrespective of the legal status of the group or
organisation. It mentioned that Latvia should consider facilitating the
integration process by making it possible to participate in local
elections for all those non-citizens who are long-term permanent
residents.
The Committee recommended that Latvia further study the underlying
reasons for the low rate of naturalisation applications, with a view to
devising strategies targeting specific groups of potential applicants.
It urged to ensure the availability of the Latvian-language training.
The Committee urged the state to reduce the list of occupations
restricted to citizens and to keep it under review with a view to
ensuring that the enjoyment of the right to work was not unduly limited.
The Committee also encouraged Latvia to remain attentive and flexible to
the needs and abilities of the persons primarily affected and concerned
by the reform of the educational system. It urged to ensure that the
manner in which funding to private schools is provided is in conformity
with the Convention (as we already reported, according to the Education
Law only private schools with the Latvian language of instruction are
able to receive donations from the state budget).
The Committee recommended that Latvia intensify its efforts to adopt and
improve legislation with the aim of providing effective protection and
remedies against any acts of racial discrimination, including the right
to seek reparation for discrimination. It also recommended that the
state pursue its efforts to combat prejudices and promote understanding
and tolerance though a broad range of measures targeting both
professionals working with and for persons belonging to minority groups,
as well as the public at large.
The Latvian Human Rights Committee (F.I.D.H) participated actively in
the process of considering the state report. It submitted alternative
report to CERD elaborated some months ago by our newsletter's team, as
well Boris Koltchanov and Leonid Raihman. Besides, Tatyana Zhdanok and
Miroslav Mitrofanov held a briefing for members of CERD in Geneva during
the session, where also distributed additional materials ("Telegraf"
("The Telegraph"), August 27, http://rus.delfi.lv/archive/article.php).
We are satisfied with the opportunity to provide additional information
about the situation in Latvia and the way it is reflected in the
Concluding Observations.
Chair of the Parliamentary Committee on Foreign Affairs Inese Vaidere
(nationalistic party "For Fatherland and Freedom"/LNNK) mentioned that
critical part of the Concluding Observations is much broader than the
positive one. She believes that representatives of minority NGOs have
done their job better than Minister for the Special Task in the Field of
Integration Affairs Nils Muiznieks. She is sure that recommendations of
CERD are not mandatory and implementing of some of them could harm
Latvia (e.g. voting rights for non-citizens or too fast naturalisation).
Mrs Vaidere mentioned that the Ministry of Foreign Affairs should do
more in order "to explain unique situation in Latvia" ("Lauku Avize"
("The Rural Newspaper"), August 27). On the other hand, Minister for
Foreign Affairs Sandra Kalniete believes that Nils Muiznieks' visit to
Geneva was successful, but it is common practice that CERD pays more
attention to critical statements ("Lauku Avize" ("The Rural Newspaper"),
September 2).
Attacks on the Minister for Integration to be continued?
---------------------------------------------------------
As we reported in the previous issue of our newsletter, Minister for
Special Task in the Field of Integration Affairs Nils Muiznieks was
attacked by representatives of some ruling parties, who suggested to
abolish his position (see Minority issues in Latvia, No. 71,
http://lists.delfi.lv/pipermail/minelres/2003-August/002884.html).
After receiving criticisms, Mr. Muiznieks published an article in the
Latvian-language leading daily "Diena" ("The Day") on August 18,
explaining his views. Muiznieks pointed at two principles of his
Secretariat's work: crucial role of Latvian language in social
integration, which means support for the State Language Law and
education reform, involving cooperation with all interested sides.
Another point is cooperation and participation of different groups of
Latvian society. The second guiding principle is fair distribution of
financial resources, which those organisations which were in a
privileged position earlier do not like. Tolerance is one of the issues,
which is promoted by the Secretariat.
The next day the Cabinet of Ministers decided that the Ministry of
Culture will be responsible for providing the state financial support
for the Association of Ethnic Cultural Associations. This organisation
received annual grant from the state budget apart from other minority
cultural NGOs, but Mr Muiznieks promoted the idea of providing the state
financial support on eqaul conditions for all of them ("Chas" ("The
Hour"), August 22).
The Latvian-language daily "Lauku Avize" ("The Rural Newspaper")
published, on August 20, a lengthy article by former director of the
State Language Centre Dzintra Hirsa about the work of the Minister. Mrs
Hirsa pointed out that Mr Muiznieks has started discussing the problem
of the education reform at the time when people have already started to
get used to this. Mrs Hirsa stated that he is "trying to generate the
confrontation in the society". Mr Muiznieks assistant has announced,
"from this time the word 'occupant' will never be used at the state
level". In her article Mrs Hirsa asks, if it means that the fact of
occupation will be dissembled in the name of the integration.
On August 20 Nils Muiznieks participated in the popular TV programme
"Kas notiek Latvija?" ("What is happening in Latvia?"; see online at
http://www.tv.lv).
There his position was once again criticised by four heads of different
parliamentary committees (Ina Druviete, the New Era party on human
rights and public affairs, Janis Strazdins, the Union of Greens and
Farmers - on education, culture and science, Inese Vaidere, "For
Fatherland and Freedom"/LNNK - on foreign affairs and Anta Rugate, the
People's Party - on the implementation of the Citizenship Law). A big
part of the programme was devoted to lawyer of the Secretariat Alexei
Dimitrov, former editor of our newsletter. Ina Druviete recognised that
he is a very professional lawyer, but his viewpoints are not eligible
for the work an a "ideological ministry", as Mrs Druviete defined the
institution. Dr. iur. Ineta Ziemele (former director of the Institute of
Human Rights at the University of Latvia, professor of the Riga Graduate
School of Law and visiting professor at the Raoul Wallenberg Institute
of Human Rights and Humanitarian Law) pointed out that everyone has the
right to freedom of thought. Mrs Druviete has declared that she is still
not satisfied with the Secretariat's work ("Lauku Avize" ("The Rural
Newspaper"), August 27). However, active attacks will be possibly
continued only after the referendum on joining the EU takes place.
On the same day Mr Muiznieks joined the Latvian First party, which
suggested his candidature for the position. Before that he was one of
two ministers without explicit affiliation with any political party. Mr
Muiznieks stated that membership in the party is necessary for active
political support ("Telegraf" ("The Telegraph"), August 21,
http://rus.delfi.lv/archive/article.php).
Language examinations for foreigners: requirements to be adopted
----------------------------------------------------------------
As we reported some months ago, the new Immigration Law came into force
on May 1 (see Minority issues in Latvia, No. 58,
http://lists.delfi.lv/pipermail/minelres/2002-November/002387.html).
According to Section 24 para. 5 of the Law, some categories of
foreigners (e.g. Latvian citizen's or non-citizen's spouse or parent of
the retirement age) are entitled to receive a permanent residence
permit, if he/she speaks Latvian. This provision comes into force on May
1, 2004.
The Ministry of Education and Science has submitted draft regulations of
the Cabinet on the required level of the state language proficiency and
the procedure of language examinations. According to draft regulations,
a foreigner can receive the permanent residence permit, if he/she speaks
Latvian at least at the first level of the state language proficiency
(out of six). The procedure of examinations is the same as for Latvian
residents in order to obtain the state language proficiency certificate.
The regulations are to be adopted by the Cabinet of Ministers to come
into force.
Non-citizens: how to travel within the EU?
------------------------------------------
An interesting discussion concerning travelling of Latvian non-
citizens in the EU after the accession is found in Latvian newspapers.
The Latvian-language daily "Diena" ("The Day") published an article by
the Minister for Special Task in the Field of Integration Affairs Nils
Muiznieks on August 27, where he stated that non-citizens will have to
obtain visas in order to travel within the EU, except for those
countries, which have concluded special agreements with Latvia (Denmark,
Estonia and Lithuania).
MP and MPACE Boris Tsilevich (the People's Harmony Party) said in the
Russian-language daily "Vesti Segodnya" ("The News Today") on August 28
that non-citizens will have to obtain visas only if the Republic of
Latvia does not join the Schengen agreements (see at
http://rus.delfi.lv/archive/article.php).
On September 1, MP Nikolay Kabanov ("For Human Rights in United Latvia")
criticised Nils Muiznieks for misinformation and mentioned that in
20072008 Latvia will sign the Schengen Convention, therefore
non-citizens will be able to travel within the EU without visas.
In our view, there is little room for discussions at all. According to
the results of the EU - Latvia negotiations, Latvia's readiness to
implement the Schengen acquis will be evaluated permanently, after
Latvia joins the EU. Until the Convention comes into force in respect of
Latvia, Latvian non-citizens will travel in the EU with visas, except
for Denmark, Estonia and Lithuania (if other countries do not conclude
corresponding agreements with Latvia). However, it is possible that the
biggest part of Latvian non-citizens will be recognised as third-country
nationals who are long-term residents under recently elaborated Council
directive, with all corresponding rights
(including the right not only to move, but also to work in the EU
states).
As soon as the Convention comes into force in respect of Latvia, Latvian
non-citizens (even those who are not recognised as third-country
nationals who are long-term residents) will have the opportunity to
travel within the EU without visas on the conditions provided in Article
21 and 22 of the Convention (free movement for up to three months with
mandatory registration). The question for discussion is, however, if the
non-citizen's (alien's) passport is a document, which could replace a
residence permit issued by the EU state or long-term resident's EC
residence permit for the purposes of the Convention, applying the
Schengen Agreement of Council Directive concerning the status of
third-country nationals who are long-term residents.
Human rights activist is fighting for his name
----------------------------------------------
Member of the Latvian Human Rights Committee (F.I.D.H.) Leonid Raihman
has declared his intention to bring a case before the court concerning
his name spelling in passport. His name is written "Leonids Raihmans" in
documents ("Vesti Segodnya" ("The News Today"), August 22).
According to the Law on IDs, personal names and surnames must be written
in documents according to the grammar of the Latvian language
(including, for example, ending "-s" or "-is" for men and "-a" or "-e"
for women). The original form of the name of a person of minority origin
in Latin transliteration can be written on some other page of the
passport (see Minority issues in Latvia, No. 51,
http://lists.delfi.lv/pipermail/minelres/2002-June/001941.html).
The practice of "Latvianization" of personal names and surnames was
considered by the Constitutional Court on December 21, 2001 in the case
Mentzen v. the Saeima (Parliament) and the Cabinet of Ministers (see
Minority issues in Latvia, No. 41,
http://racoon.riga.lv/minelres/archive//01042002-12:02:29-13464.html,
and the full text of the judgment in English at
http://www.minelres.lv/NationalLegislation/Latvia/Latvia_ConstCourt2001_English.htm).
Unfortunately, it was recognised legitimate by the Court. At the same
time the Mentzen case, as well as other similar case Kuharec v. Latvia,
is registered in the European Court of Human Rights. The opinion of the
European Court will be decisive.
Latvian media have recently reported interesting relevant information
from neighbouring Lithuania. A woman from the city of Klaipeda has won
the case before the Klaipeda city court concerning her name spelling.
According to the grammar of the Lithuanian language, the surname of a
woman is to be written in the other way, than man's one; besides, one
can learn whether the woman is married or not, looking at the ending of
her surname (e.g. "-ene" for those who are married and "-aite" for those
who are not married). The court has decided that the right to private
life is more important than requirements of the Lithuanian language. The
state institution has submitted an appeal concerning the decision. We
would be grateful to our colleagues from Lithuania or other countries
for their comments on this issue and further information about the this
case.
Conference "Russians in Latvia - Russians in Europe": benefits and
------------------------------------------------------------------
losses of Eurointegration
-------------------------
A conference on benefits and losses for Russian-speaking community of
Latvia after Latvia's possible accession to EU took place on August
23-24. Both Eurooptimists and Eurosceptics took part in the conference.
Conference was organised by the NGO "Independent Association of
Democratic Values and Integration" (D.V.I.N.A.), supported by the
European Integration Bureau and Danish embassy. Boris Tsilevich, Latvian
MP from the People's Harmony Party and Latvia's observer in the European
Parliament expressed the opinion, shared by many other participants,
"Latvia's accession to the EU is not a panacea. But the EU will give us
new possibilities to solve our problems, including ethnic as well". All
participants agreed, that pro-American government led by Einars Repse
could freely support idea of not joining the EU (the newspaper
"Telegraf" ("The Telegraph"), August 25,
http://rus.delfi.lv/archive/article.php?id=6104800&ndate=1061758800&categoryID=2078302).
"There lives a Latvian in each Russian"
---------------------------------------
The Latvian-language newspaper "Diena" ("The Day") published an article
written by Aldis Rozentals concerning assimilation and different
opinions about it on September 3.
The author points out that negative attitude to assimilation has
remained from the times when "russification" of Latvians took place. Mr
Rozentals notes that assimilation is not a bad thing and the desire to
assimilate is natural. He states that becoming a Latvian means becoming
an indigenous inhabitant of Latvia.
Mr Rozentals notes: "Each person has a chance to make a choice to be
assimilated, integrated or to repatriate". He offers to narrow the
integration of society as a solution of ethnic issues. The author does
not support public negative attitude towards assimilation and thinks
that there is no Latvian or Russian nation, but there are only
individuals, who believe that they belong to a specific group of people.
According to him, a person joins a group in order to satisfy his needs
and not to make it stronger.
Mr Rozentals states "there lives a small Latvian in each Russian person
in Latvia'. He stresses the meaning of this "small Latvian" and asks
every Russian in Latvia to let him "grow up". Mr Rozentals raises the
idea that if a person of Russian ethnic origin will learn Latvian
language and "feel himself in Latvian skin", he will never be the same
as before.
Ilmars Latkovskis: deadlock of integration
------------------------------------------
The Latvian-language newspaper "Diena" ("The Day") published an article
by Ilmars Latkovskis titled "Deadlock of Integration" on August 16. In
this article the author addresses the concept of integration.
Mr Latkovskis points out that "assimilation of the Russians or admission
of the "Russian Latvia" are two incompatible understandings of the
concept of integration". He states that many books were written and many
conferences were held concerning the integration issue, but still no one
can tell if it was expedient.
The author also notes that people may have very different understanding
of the concept of integration. Some people think that integration means
that children get education in the Latvian language, while others
understand it as the Prime Minister or the President of Latvia being of
the Russian ethnic origin. As Mr Latkovskis points out, there is a huge
gap between these two understandings and "the Latvian society lacks the
unified understanding of the concept of integration".
In his article Mr Latkovskis analyzes two meanings of integration. The
first of them is that integration is "unification of the separated
objects into one system". According to it, one may tell that integration
is a bilateral process and the Latvians should participate in it along
with the Russians.
The second meaning of integration is that it is "inclusion into any kind
of organisation or union". According to this, Russians should integrate
into the "Latvian Latvia". Mr Latkovskis states that in this case there
the word "assimilation", not "integration" is to be used. He notes that
the Latvians are afraid of this word and not quite sure, if they really
want to assimilate the non-Latvians.
Mr Latkovskis points out that political correctness "does not support
using of rough words, such as the word 'assimilation'. Therefore we can
only repeat references to the standards of the western democracies, but
they do not affect the national counteractions". According to Mr
Latkovskis, it is a deadlock. "We will stay here, in this deadlock,
unless we are able to elevate the understanding of the problem of
integration to a higher level".
Features of nationalism in the Latvian- and Russian-language press
------------------------------------------------------------------
The Latvian-language newspaper "Neatkariga Rita Avize" ("The Independent
Morning Newspaper") published an interview with historian and political
scientist Maria Golubeva on August 15. She has conducted a study about
features of nationalism in the Latvian-language and Russian-language
press in Latvia. Maria Golubeva states that nationalism is the concept,
when priority of the nation is put above the individual rights. She
thinks that both Latvian and Russian press reproduces the discourse of
national identity dissolution. There are many articles concerning the
education reform in the Russian-language press. Russians consider the
reform as forcing them to back down their national identity. Latvian
press publishes a lot of articles about the enlargement of the EU and
relates opposition to it with the Latvians fears of losing national
identity. Mrs Golubeva notes that in this case the discourse is not
proactive - it can only reproduce the fear of situation, which people
cannot define.
Mrs Golubeva considers that this discourse has been outspread by
journalists. She states that the Russian-language press is interested in
writing about the loss of the position of the Russian language. She also
notes that the quality of the Russian press is lower than of the quality
of the Latvian press.
In her interview Mrs Golubeva speaks also about the manipulation
tendencies in the press. According to her, these tendencies are harming
for society, as each individual must have his free choice.
---------------
Compiled by:
Tatyana Bogushevitch
Yuri Dubrovsky
Gennady Kotov
Alyona Babitch
Milada Fomina
Milana Fomina