MINELRES: Differences between citizens' and non-citizens' rights in Latvia

SUPPLEMENT 2

DIFFERENCES BETWEEN RIGHTS OF LATVIAN CITIZENS
AND NON-CITIZENS - LATVIAN RESIDENTS

Differences abolished or recognized as null

I. Prohibition to occupy certain state and public positions, to be employed in certain professions

a) State Institutions
Jobs reserved for Latvian citizens only:

1. Judges at Commercial Court The Law "On Commercial Court", adopted on 27.11.91,Art. 4.2
Commercial courts were abolished since 01.06.96

2. Customs Officers The LR Customs Code, adopted on 25.09.91, Art.8.
This difference has been abolished by amendments to LR Customs Code, adopted on 28.10.93

3. Firemen Amendments to the "Law on Fire Resistance", adopted on 15.12.94, Art.1
The difference was abolished by Amendments to the "Law on Fire Resistance", adopted on 16.01.97, Art.2

b) Private Sector
Jobs reserved for Latvian citizens only:

4. Pharmacy Manager
Veterinary Pharmacy Manager, The Law "On Pharmaceutical Practice", adopted on 27.4.93, Art.61, 65 "Pharmacy Law", adopted on 10.04.97, Art. 58.
This difference has been abolished by amendment, adopted on 19.03.98

5. Agents of Lessees of Municipal Dwellings in the Vidzeme suburb (of Riga) Resolution 818 of the Board of People's Deputy Council of Vidzeme Suburb (of Riga), adopted on 28.09.93
Recognized as null due to transformation of the City of Riga Self � Government on June, 1994

c) Public sector
Only citizens have the right:

6. To submit the proposal to single out a certain forest area needing special protection The Law "On Forest Management and Utilization",24.03.94, Art.19
The difference was abolished by amendments adopted on 27.04.95

7. To establish religious congregations The Law "On Religious Organizations", adopted on 07.09.95, Art.7 (1).
The difference was abolished by amendments adopted on 17.06.96

II. Property Rights

Only citizens have the right to:

8. Property of land and other natural resources Constitutional Law "The Rights and Obligations of a Citizen and Person" adopted on 10.12.91, Art.9
The difference was abolished by amendments to the Satversme (Constitution), adopted on 15.10.98

9. Purchase housing from state and municipalities The Law "On Housing Support, granted by the State and Local Governments'' adopted on 11.05.93, Art.3.
This type of assistance to people was abolished by amendments to the Law, adopted on 05.10.95.

10. The right to purchase a privatized "cooperative" housing belongs to non-citizens too, but only if they have residence time in Latvia of 16 years The Law "On Privatization of Cooperative Housing" adopted on 4.12.91, Art.7
The difference was abolished by the new Law, adopted on 31.08.95.

III. Private enterprise

11. The majority of members of the Board of a commercial bank should be citizens Resolution of the Board of the Bank of Latvia (BBL) N 10/7,adopted on 16.09.93

Resolution of BBL N 21/1, adopted on 20.12.94, Art. 9.2.4
The difference was abolished by BBL Resolution No. 31/1, adopted on 14.03.96

12. Founders of banks and pawnshops must be citizens + non-citizens, but only if they have residence time in Latvia of 21 years. Resolution of BBL N 21/1, adopted on 20.12.94, Art.4
Abolished by Resolution of BBL No. 31/1, adopted on 14.03.96

13. Establishment of joint-stock companies is not allowed to non-citizens who have resided less than 21 years in Latvia The Law "On Joint-Stock Companies", adopted on May 18, 1993, Art.10.1 (1), 17.4, 66.14, 74.1
This difference has been abolished by amendments, adopted on 09.12.1999

14. The right to receive license to carry out commercial cargo shipments, transportation of mail and passengers by air (the Certificates of Aircraft User of the LR Air Transport Register can be issued only to citizens), Law "On Aviation", adopted on 23.02.93 Art.78, 79. At present - Law "On Aviation", adopted on05.10.94 Art. 78,79
This difference has been abolished by amendments, adopted on 30.10.97

15. Participation in privatization of objects owned by local public authorities is allowed to non-citizens only if they have lived in Latvia no less than 16 years The Law "�n Privatization of Small Objects of Trade, Public Catering, and Public Services Owned by Local Governments", adopted on 5.11.91, Art. 11
The difference was abolished by the new Law, adopted on 15.06.94

IV. Social Rights

16. Allotment of land for individual housing construction, low interest loans are envisaged for citizens only The Law "On Housing Support, granted by the State and Local Governments'' adopted on 11.05.93, Art.2,3
This type of assistance was abolished by amendments to the Law, adopted on 05.10.95.

17. Only citizens have the right to receive a loan for purchase of a new apartment, as a form of help to former politically repressed or to families with many children Resolution 160 of Riga City Council, 4.6.93 "On Allotment of Loans for Purchase of Apartments", Art. 1.1
Possible annulment on 1998 due to non � existence of new buildities

18. Apartments are allotted only to citizens when dormitories are liquidated E.g., Resolution No. 82 of Board of Latgales District Council of Riga, adopted on 25.02.93
Abolished by the Resolution of Riga Dome No 52 of October 27, 1994

19. Only citizens can apply for compensations for central heating expenses [14] Resolution of Riga Council on central heating expenses reimbursement, adopted on 10.01.95.
Recognizes as null and void when terminating the heahity season

20. Local authorities in several districts allot state-owned housing to citizens only E.g., Resolution of Jurmala Town Council (Session 20, Convocation 15), adopted on 12.03.92
Possible annulment on 1994 after new municipal elections

21. Old age ('social') pensions of non-citizens are 10% lower than those of citizens Law "On the Temporary Procedure for Calculation of State Pensions'', adopted on October 27,1993, Art.5, p.2).
Abolished due to the introduction of the Law "On State Pensions", adopted on 02.11.95

22. Non-citizens, when they emigrate, collect their pensions during 6 months after only, citizens retain them for life [11] Law "On State Pensions", adopted on 02.11.95, Art. 38 (1),(2)
The difference was abolished by amendments to the Law "On State Pensions", adopted on 5.08.99

V. Other Rights and Freedoms

23. Free choice of place of residence in Latvia is guaranteed only to citizens Constitutional Law "The Rights and Obligations of a Citizen and Person", adopted on 10.12.91, Art. 10, 29
The difference was abolished by amendments to the Satversme (Constitution), adopted on 15.10.98

24. Free re-entry into Latvia from a trip abroad is guaranteed to citizens only Constitutional Law "The Rights and Obligations of a Citizen and Person", adopted on 10.12.91, Art.10, 28
The difference was abolished by amendments to the Satversme (Constitution), adopted on 15.10.98

25. A non-citizen or alien living in Latvia and wishing to marry may marry a non-citizen or an alien only if both have valid residence permits. For Latvian citizens, marrying non-citizens or aliens, the latter must have valid visas. Law "�n Civil Status Deeds", adopted on 21.10.93, Art. 15, p.p. 2,3
This difference has been abolished by amendment, adopted on 11.12.97

26. Maximum fines for non-citizens are $ 10,000, while for citizens - ca $ 500 Code of Administrative Violation, Art. 26, with Amendment, adopted on 28.04.92.
This difference has been abolished by amendment, adopted on 17.06.1998,p.2

27. Amnesty for a number of categories of convicted persons refers only to LR citizens, see [6] The Law "On Amnesty", adopted on March 24, 1994, Art. 5(4)
The difference was abolished by the new Law, adopted on 20.11.97.

28. To register citizens as operatives and to control them operatively (i.e. inquest, monitoring/shadowing, phone call interception etc.) is allowed by consent of head of operating force and after a prosecutor has been informed. No limitations are foreseen in respect of non-citizens The Law "On Operative Activities", adopted on 16.12.93, Art.23 (2)
Abolished by Amendment, adopted on 12.06.97

I. Prohibition to occupy certain state and public positions, to be employed in certain professions a) State Institutions Jobs reserved for Latvian citizens only:
1. Judges at Commercial Court	The Law "On Commercial Court", adopted on 27.11.91,Art. 4.2 Commercial courts were abolished since 01.06.96
2. Customs Officers	The LR Customs Code, adopted on 25.09.91, Art.8. This difference has been abolished by amendments to LR Customs Code, adopted on 28.10.93
3. Firemen	Amendments to the "Law on Fire Resistance", adopted on 15.12.94, Art.1 The difference was abolished by Amendments to the "Law on Fire Resistance", adopted on 16.01.97, Art.2
b) Private Sector Jobs reserved for Latvian citizens only:
4. Pharmacy Manager Veterinary Pharmacy Manager,	The Law "On Pharmaceutical Practice", adopted on 27.4.93, Art.61, 65 "Pharmacy Law", adopted on 10.04.97, Art. 58. This difference has been abolished by amendment, adopted on 19.03.98
5. Agents of Lessees of Municipal Dwellings in the Vidzeme suburb (of Riga)	Resolution 818 of the Board of People's Deputy Council of Vidzeme Suburb (of Riga), adopted on 28.09.93 Recognized as null due to transformation of the City of Riga Self � Government on June, 1994
c) Public sector Only citizens have the right:
6. To submit the proposal to single out a certain forest area needing special protection	The Law "On Forest Management and Utilization",24.03.94, Art.19 The difference was abolished by amendments adopted on 27.04.95
7. To establish religious congregations	The Law "On Religious Organizations", adopted on 07.09.95, Art.7 (1). The difference was abolished by amendments adopted on 17.06.96
II. Property Rights Only citizens have the right to:
8. Property of land and other natural resources	Constitutional Law "The Rights and Obligations of a Citizen and Person" adopted on 10.12.91, Art.9 The difference was abolished by amendments to the Satversme (Constitution), adopted on 15.10.98
9. Purchase housing from state and municipalities	The Law "On Housing Support, granted by the State and Local Governments'' adopted on 11.05.93, Art.3. This type of assistance to people was abolished by amendments to the Law, adopted on 05.10.95.
10. The right to purchase a privatized "cooperative" housing belongs to non-citizens too, but only if they have residence time in Latvia of 16 years	The Law "On Privatization of Cooperative Housing" adopted on 4.12.91, Art.7 The difference was abolished by the new Law, adopted on 31.08.95.
III. Private enterprise
11. The majority of members of the Board of a commercial bank should be citizens	Resolution of the Board of the Bank of Latvia (BBL) N 10/7,adopted on 16.09.93 Resolution of BBL N 21/1, adopted on 20.12.94, Art. 9.2.4 The difference was abolished by BBL Resolution No. 31/1, adopted on 14.03.96
12. Founders of banks and pawnshops must be citizens + non-citizens, but only if they have residence time in Latvia of 21 years.	Resolution of BBL N 21/1, adopted on 20.12.94, Art.4 Abolished by Resolution of BBL No. 31/1, adopted on 14.03.96
13. Establishment of joint-stock companies is not allowed to non-citizens who have resided less than 21 years in Latvia	The Law "On Joint-Stock Companies", adopted on May 18, 1993, Art.10.1 (1), 17.4, 66.14, 74.1 This difference has been abolished by amendments, adopted on 09.12.1999
14. The right to receive license to carry out commercial cargo shipments, transportation of mail and passengers by air (the Certificates of Aircraft User of the LR Air Transport Register can be issued only to citizens),	Law "On Aviation", adopted on 23.02.93 Art.78, 79. At present - Law "On Aviation", adopted on05.10.94 Art. 78,79 This difference has been abolished by amendments, adopted on 30.10.97
15. Participation in privatization of objects owned by local public authorities is allowed to non-citizens only if they have lived in Latvia no less than 16 years	The Law "�n Privatization of Small Objects of Trade, Public Catering, and Public Services Owned by Local Governments", adopted on 5.11.91, Art. 11 The difference was abolished by the new Law, adopted on 15.06.94
IV. Social Rights
16. Allotment of land for individual housing construction, low interest loans are envisaged for citizens only	The Law "On Housing Support, granted by the State and Local Governments'' adopted on 11.05.93, Art.2,3 This type of assistance was abolished by amendments to the Law, adopted on 05.10.95.
17. Only citizens have the right to receive a loan for purchase of a new apartment, as a form of help to former politically repressed or to families with many children	Resolution 160 of Riga City Council, 4.6.93 "On Allotment of Loans for Purchase of Apartments", Art. 1.1 Possible annulment on 1998 due to non � existence of new buildities
18. Apartments are allotted only to citizens when dormitories are liquidated	E.g., Resolution No. 82 of Board of Latgales District Council of Riga, adopted on 25.02.93 Abolished by the Resolution of Riga Dome No 52 of October 27, 1994
19. Only citizens can apply for compensations for central heating expenses [14]	Resolution of Riga Council on central heating expenses reimbursement, adopted on 10.01.95. Recognizes as null and void when terminating the heahity season
20. Local authorities in several districts allot state-owned housing to citizens only	E.g., Resolution of Jurmala Town Council (Session 20, Convocation 15), adopted on 12.03.92 Possible annulment on 1994 after new municipal elections
21. Old age ('social') pensions of non-citizens are 10% lower than those of citizens	Law "On the Temporary Procedure for Calculation of State Pensions'', adopted on October 27,1993, Art.5, p.2). Abolished due to the introduction of the Law "On State Pensions", adopted on 02.11.95
22. Non-citizens, when they emigrate, collect their pensions during 6 months after only, citizens retain them for life [11]	Law "On State Pensions", adopted on 02.11.95, Art. 38 (1),(2) The difference was abolished by amendments to the Law "On State Pensions", adopted on 5.08.99
V. Other Rights and Freedoms
23. Free choice of place of residence in Latvia is guaranteed only to citizens	Constitutional Law "The Rights and Obligations of a Citizen and Person", adopted on 10.12.91, Art. 10, 29 The difference was abolished by amendments to the Satversme (Constitution), adopted on 15.10.98
24. Free re-entry into Latvia from a trip abroad is guaranteed to citizens only	Constitutional Law "The Rights and Obligations of a Citizen and Person", adopted on 10.12.91, Art.10, 28 The difference was abolished by amendments to the Satversme (Constitution), adopted on 15.10.98
25. A non-citizen or alien living in Latvia and wishing to marry may marry a non-citizen or an alien only if both have valid residence permits. For Latvian citizens, marrying non-citizens or aliens, the latter must have valid visas.	Law "�n Civil Status Deeds", adopted on 21.10.93, Art. 15, p.p. 2,3 This difference has been abolished by amendment, adopted on 11.12.97
26. Maximum fines for non-citizens are $ 10,000, while for citizens - ca $ 500	Code of Administrative Violation, Art. 26, with Amendment, adopted on 28.04.92. This difference has been abolished by amendment, adopted on 17.06.1998,p.2
27. Amnesty for a number of categories of convicted persons refers only to LR citizens, see [6]	The Law "On Amnesty", adopted on March 24, 1994, Art. 5(4) The difference was abolished by the new Law, adopted on 20.11.97.
28. To register citizens as operatives and to control them operatively (i.e. inquest, monitoring/shadowing, phone call interception etc.) is allowed by consent of head of operating force and after a prosecutor has been informed. No limitations are foreseen in respect of non-citizens	The Law "On Operative Activities", adopted on 16.12.93, Art.23 (2) Abolished by Amendment, adopted on 12.06.97