Minority issues in Latvia, No. 62
February 4, 2003
Content
- Education reform 2004: different opinions inside the ruling coalition?
- Delegation of the PACE Monitoring Committee visits Latvia: "a slight quandary" declared
- Latvia on the way to the European Union: minority issues
- Draft law on voting rights for non-citizens: is non-citizen a human being?
- Naturalisation issues – to be considered by courts
- Camp for illegal immigrants – punishment for not changing ID
- School Olympiad as a disintegrating factor?
- The concept of bilingual education remains unclear
- How to prevent a state from occurring of a civil society
- New online publications on minority issues
Education reform 2004: different opinions inside the ruling coalition?
Deputy Prime Minister of Latvia Ainars Slesers (the Latvian First Party) has proposed to start a discussion about
postponing implementation of education reform 2004 (switch to Latvian as the sole language of instruction in
state-supported secondary schools), if not all schools are ready for it. According to him, his party backs this
view. Mr Slesers noted regional differences in the implementation of the reform. There are problems concerning
the lack of teachers in Latgale (eastern region of Latvia, inhabited mainly by Russian-speakers). In the meantime,
Mr Slesers denied that his statement was aimed at questioning the very reform.
Minister for Special Task in the Field of Integration Affairs Nils Muiznieks mentioned that one should have
comprehencive vision of the situation with the number of schools that are not ready for the reform. Two
strategies result from having such a vision. First, having individual plans of transition, if there are not so
many schools concerned. Second, delaying reform, if the number of such schoools is large. Still, he could not
define the number of schools, allowing postponing the reform. All other ruling parties, as well as the Minister
for Education and Science Karlis Sadurskis (the "New Era" party) denied any obstacles for the reform. Dzintars
Abikis, MP of the oppositional People's Party, voiced his concern with Mr Slesers' statement, as a signal for
society, which can result in worsening of "the whole situation regarding the state language" ("Diena"
("The Day"), January 22).
During the meeting of the Parliamentary Committee on Education, Culture and Science Mr Sadurskis agreed that the
case of Latgale should be treated in a special way, as the reform in some Latgale's schools could result in the
lowering of the quality of education. Therefore individual plans of the reform could be prepared for such schools;
however, it cannot be a widespread practice. The Minister is going to visit minority schools in order to investigate
the situation and learn about existing problems. The Latvian First Party suggests creating a working group consisting
of experts from the Ministry of Education and Ministry of Integration in order to investigate possible impact of the
reform on quality of education. Minister for Special Task in the Field of Integration Affairs Nils Muiznieks also
suggests promoting a wide discussion concerning the issue within the framework of his Ministry's consultative council
of national minorities ("Chas" ("The Hour"), January 23).
The World Federation of Free Latvians (PBLA – influential association created by Latvian exiles in the West after
the World War II) has written a letter to the Cabinet and parties of the ruling coalition concerning Mr Slesers'
call to start the discussion. PBLA believes that the education reform is not a question for debates anymore, and
returning to it can harm the state security and society integration ("Panorama Latvii" ("The Panorama of Latvia"),
January 30).
In the meantime, the Ministry of Education and Science has prepared the statistics about language of instruction
in Latvia’s schools. 69.91% or 227,552 of the schoolchildren study in Latvian, 29.66% or 96,554 study in Russian
(68.93% or 232,239, and 30.67% or 103,350 in the last year). In Riga, 44,233 schoolchildren study in Latvian,
49,068 schoolchildren study in Russian, 784 children - in other minority schools. Majority of those learning in
Russian is also in Daugavpils (the second biggest city in Latvia) - 12,110, while only 2,525 learn in Latvian there.
Our commentary
Elimination of the state-supported secondary education in Latvia scheduled for 2004 remains the most topical
minority issue. We believe that the discussion on the issue was to be started long time ago, before adoption of
the purely political decision without consultations with minorities in 1998. We welcome initiative of Mr Slesers,
as it is better late than never to start the discussion. However, we do not have very much time for debates.
Unfortunately, Mr Slesers questions only feasibility of the reform, while the major question si whether elimination
of state-supported education in minority languages is, in general, reasonable and complies with Latvia's
international obligations. The ruling parties declare that the reform is necessary measure for the protection of
the state language, what is, in our view, highly questionable. Restriction of internationally recoglised minority
right to study in mothertongue can be hardly considered as both legitimate and effecteive tool to promote the state
language. In any case, the problem cannot be solved without discussions in the society, but these discussions are
not welcomed by the mainstream politicians, as "the decision is taken, and the law must be obeyed". In our view,
an objective analysis of possible benefits and losses in the result of the reform is necessary to create the basis
for further discussions. If the law is unreasonable and its implementation will be harmful for minority children,
it shuld be amended.
Delegation of the PACE Monitoring Committee visits Latvia: "a slight quandary" declared
Chairperson of the PACE Committee on the Honouring of obligations and commitments by member states of the Council
of Europe (Monitoring Committee) Mme Josette Durrieu and principal administrator of the Committee Géza Mezei visited
Latvia on January 15-16. They met the Prime Minister of Latvia Einars Repse, ministers and other state officials, as well
as representatives of human rights NGOs and Russian-speaking community within the framework of so-called
"post- monitoring" procedure.
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). 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))).
In June 2002, Dmitry Rogozin (Russian Federation) and some other members of PACE suggested reopening the monitoring
procedure in respect of Latvia, because the majority of the PACE recommendations had not been implemented. However,
the Monitoring Committee decided to postpone consideration of this proposal, as teh issue was to be discussed in the
course of the ongoing post-monitoring dialogue with Latvia (see Minority issues in Latvia, No. 55).
According to media, Mme Durrieu felt "a slight quandary" after the visit. On one hand, the Prime Minister promised
her that minority rights will be observed in Latvia. The Minister for Education Karlis Sadurskis informed that even
after September 1, 2004, 40% of curricula in minority schools will be taught in minority languages, including such
subjects as maths, physics etc. (although the Education Law stipulates that since September 1, 2004 instruction in
the state and municipal general secondary schools will be provided only in the state language - Transitional provisions,
para. 9, subpara.3). The Minister for Foreign Affairs Sandra Kalniete mentioned that Latvia is ready to ratify the
Framework Convention for the Protection of National Minorities.
On the other hand, representatives of human rights NGOs and Russian-speaking community mainly spoke about the issues
of minority education, statelessness and usage of languages in Latvia. The main attention was paid to the education
reform 2004 – participants of the meetings pointed out that there is no legislative basis for teaching in minority
languages in public minority secondary schools after 2004.
Mme Durrieu mentioned that the situation in Latvia is very complicated. She intends to visit the country once again
at the end of 2003, as the new government has just started to work, and it needs time to do something in the field
of minority affairs ("Telegraf" ("The Telegraph"), January 17). Mme Durrieu and Mr Mezei will prepare a memorandum
about their visit for the Monitoring Committee.
Our commentary
It seems, once again the information prepared for foreign guests by state officials differs from the one provided
for "domestic" use. So, the Minister for Foreign Affairs Sandra Kalniete said some weeks ago that the Framework
Convention cannot be ratified now (see Minority issues in Latvia, No. 61). The same applies to different
information about the education reform 2004 expressed by the Minister for Education Karlis Sadurskis in different
auditoria. We believe that such "double" approach is not productive and harms Latvia's image rather than helps to
demonstrate the lack of problems.
In our view, the monitoring procedure in respect of Latvia will hardly be reopened. At the same time, closer attention
of the PACE Monitoring Committee is necessary, especially regarding the education reform 2004.
Latvia on the way to the European Union: minority issues
An Action Plan on Latvia's integration into the EU drafted by the Ministry of Foreign Affairs was approved by the
European Integration Council on January 6. The document aims at fixing the drawbacks identified by the European
Commission in its Progress Report 2002 (see Minority issues in Latvia, No. 57). The draft
document was presented in the end of 2002, but was rejected then because "it contained some outdated information".
In its Report, the European Commission mentions a number of issues related to minority rights and integration of
the society. Thus, the Commission urges for ratification of the Framework Convention for the Protection of National
Minorities. Measures aimed at fulfilment of this call are designed as follows: "To study the eventual effect of the
ratification", timetable: "on the regular basis". No deadline for completing this study is mentioned. The same is
said about ratification of the Protocol No. 12 of the European Convention for the Protection of Human Rights and
Fundamental Freedoms (this Protocol contains universal prohibition of discrimination).
The need for some legislative initiatives in order to take over the EU anti-discrimination acquis is acknowledged.
However, the way how to reach the Latvian MPs' agreement upon the issue remains unclear.
The EU also emphasises the need for finance and human (teachers) resources needed to ensure the language training.
The Action Plan provides for the state financial support (200,000 Lats, approx. EUR 325,000) for the language
training for those who wish to obtain the Latvian citizenship, enchaining also the funds of the EU PHARE programme,
Society Integration Foundation etc.
Talking about the elimination of the state-supported secondary education in minority languages, the EU Commission
underlines the need for broader involvement of minorities (parents of minority children, minority schools etc.) into the
decision-making process as regards the reform. The main measures stipulated in the Action Plan in order to fulfil
this recommendation are as follows: "To continue to organise seminars for minority parents about changes in
minority education. To continue publishing of information booklets about bilingual education".
Answering the EU advice to ensure education for children of migrants, the Latvian officials envisage the need to
ensure the Latvian language training for the citizens of the EU Member States, as well as other foreigners.
Our commentary
The common feature of the measures envisaged by the Latvian officials in order to meet the EU criteria in the field
of minority rights, is their inadequacy and purely declarative and formal nature. Instead of solving the real
problems, the Action Plan provides mainly for "designing a strategy", "working out a document", with no concrete
steps to follow the papers.
Another peculiarity is that comparing to the previous version of the document, presented in the end of 2002, all
the deadlines were postponed in the final version (for the years 2004-2007). Thus, Latvia is to fulfil the obligations
only after joining the EU, avoiding taking any actions during the pre-accession period - intention to escape monitoring
by the European Commission seems the only reasonable explanation for this.
Besides, as regards the decisions affecting minorities, no feedback or input by minorities themselves is ever
mentioned in the document, despite the Commission's unambiguous demand to ensure their broad participation and
involvement. Thus, we may conclude that fundamental requirements of the EU aimed at minority rights protection are
ignored by the Latvian officials.
Draft law on voting rights for non-citizens: is non-citizen a human being?
NGO "Union of Citizens and Non-Citizens" has submitted the draft law providing voting rights at municipal elections
for non-citizens (permanent residents of Latvia, whose ancestors came to Latvia during the Soviet period) to the
parliamentary factions. Vladimir Sokolov, head of the NGO, told at the press conference that similar draft law was
submitted to the parliament in 1999, and then got support of only by the pro-minority faction "For Human Rights in
United Latvia" (FHRUL). He suggested to Latvian politicians to take Estonia, which allowed its non-citizens to vote
at local elections, as an example. Non-citizens are taxpayers, therefore they should have voting rights to influence
distribution of taxes on local level. Mr Sokolov hopes that Latvian political elite has changed its mind ("Vesti Segodnya"
("The News Today"), January 22).
Still, as survey of the news agency BNS shows, none of the ruling coalition parties is ready to change its mind. MP
from the nationalistic faction "For Fatherland and Freedom"/LNNK Maris Grinblats told that this act will slow down
integration, as non-citizens will have no motivation to get naturalised. His party had initiated amendments in April
2002 establishing voting rights at local elections only for full-fledged citizens at the level of the Constitution (although
the same was established by ordinary law before; see Minority issues in Latvia, No. 49). MP from the "New Era"
party Krisjanis Karins stated that "there are no obstacles for becoming citizen in our country, but adoption of
these amendments can hinder naturalisation process". According to MP from Latvian First Party Oskars Kastens,
such amendments are not necessary, as international institutions stated, that electoral rights are internal issue of
Latvia, moreover, other states have similar obstacles for non-citizens too. Augusts Brigmanis, MP from the Union of
Greens and Farmers, stated that their negative attitude to this idea was known before elections, and nothing will change.
In the meantime, the Ministry of Foreign Affairs has published brief information about results of the EU – Latvia
accession negotiations at its website. The chapter on the free movement of persons explains that the EU citizens
will participate in municipal elections in Latvia as soon as Latvia joins the Union. The Ministry provides the
following commentary about Latvia's benefits concerning this right: "the right to vote and to be elected at the
local elections in the state, where the citizen reside, promotes integration of the EU citizens in the state of
residence".
Our commentary
It seems, non-citizens of Latvia and the EU citizens are very different categories of human beings for Latvia’s
officials. The right to vote in municipal elections for non-citizens will hinder naturalisation and integration,
while the same right for the EU citizens in Latvia will promote integration. We believe that this paradox needs
further research: it would be interesting to learn more about other differences between Latvia's non-citizens and
the rest mankind :-(.
Unfortunately, the draft submitted by the Union of Citizens and Non-Citizens cannot be adopted now in any case, as
Article 101 of the Constitution provides that local governments are elected by full-fledged Latvian citizens. However,
this Article is to be amended after Latvia joins the EU in order to implement Article 19 of the Treaty Establishing
the European Community and the Council Directive 94/80/EC laying down detailed arrangements for the exercise
of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member
State of which they are not nationals.
Naturalisation issues to be considered by courts
Daily "Vesti Segodnya" has published two articles concerning naturalisation issues on January 23. The first
article concerns restrictions for naturalisation. According to Section 11 para. 1 subpara. 5 of the Citizenship Law,
those persons who after 17 June 1940 have chosen the Republic of Latvia as their place of residence directly after
demobilisation from the armed forces of the USSR (Russia) or the internal military forces of the USSR (Russia), and
who did not, on the day of their conscription into service or enlistment, permanently reside in Latvia, shall not be
admitted to Latvian citizenship. There are approx. 50,000 such persons in Latvia. The newspaper reports about one of
them – former military officer Alexander Makanov, who lived in Latvia for 12 years before demobilisation and has passed
naturalisation examinations successfully. Unfortunately, the Naturalisation Board informs the applicants about the
naturalization restrictions and checks their documents only after the examinations are passed. Mr Makanov is going
to bring an action against the Naturalisation Board before the court.
The second article reports about the issue of appealing against the decision on results of the naturalisation examination.
Ludmila L., resident of the city of Liepaja, passed the naturalisation examination in the Latvian language in June 2001.
According to the instruction of the Ministry of Justice on organisation and evaluation of the results of naturalisation
examinations, the examination is passed successfully, if the candidate gets at least 64 points out of 100; however, the
candidate has to got at least 16 point for each of 4 parts of the examination (reading, writing, listening and speaking
skills). Ludmila L. brought an action before the court and asked for submitting the copy of her written work. The court
declared it as information of restricted availability and refused to request it. Higher courts also recognised this
decision as correct. Now the European Court of Human Rights has registered Ms L. application, where she claims a
violation of Article 6 para. 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms
(the right to a fair trial).
Camp for illegal immigrants – punishment for not changing ID
Latvian permanent resident Eliso Dzhahia was detained by the Immigration Police and sent to the camp for illegal
immigrants in Jaunolaine on the grounds of not having changed her Soviet passport timely ("Panorama Latvii" ("The
Panorama of Latvia"), January 18).
Mrs Dzhahia with her family lives in Latvia since 1983. Policemen took her from home and escorted to the camp. The
Latvian Human Rights Committee's lawyer appealed Mrs Dzhahia's detention in the Citizenship and Migration Board.
As the press-secretary of the Citizenship and Migration Board pointed out, 6,510 citizens and 14,070 non-citizens
have not changed their Soviet passports yet. Citizens had to change their passports before January 1, 1998, but
non-citizens – before March 31, 2000.
School Olympiad as a disintegrating factor
School Olympiad in physics among pupils of 9th-12th grade took place in Riga's Latgale district on January 31. The
newspaper "Vesti Segodnya" ("The News Today") reported about problems that schoolchildren from Russian-language
schools could experience at the event. All tests in physics are Latvian-language only, with no Russian translation,
which hinders equal competition. Ms Indra Vilde, press-secretary of the city Education Department, thinks that "there
should be no problems with knowledge of the Latvian language and misunderstanding of terms, as finishing their 9th grade,
pupils pass the exam in Latvian". According to her, participation in the Olympiad is not compulsory and pupils participating
are surely thinking of education in high schools, where Latvian is needed. The test cannot be translated, as it is distributed
to the organisers two hours before the event. Guntars Jirgensons (Latvian Social Democratic Workers' Party), head of
the Riga City Council's Committee on Education, Youth and Sports, argues that unavailability of translation violates the
rights of children. He thinks that all the tests are to be translated by one institution to avoid possible mistakes, still
former Minister for Education and Science Karlis Greiskalns did not agree, when such proposal was submitted in 2002
(“Vesti Segodnya”, January 24).
The concept of bilingual education remains unclear
An article titled "What is the situation with bilingual education in Latvia?" written by social anthropologist Aivita
Putnina was published in the newsletter "Tagad" issued by the National Programme for Latvian Language
Training - LVAVP (the electronic version is to be published at LVAVP website).
The author provides the comparative analysis of the two researches on implementation of bilingual education. One is
contracted by the Ministry of Education and Science (MES) and another is conducted by the Baltic Institute of Social
Sciences (BISS) (see Minority issues in Latvia, No. 54). Ms Putnina demonstrates inconsistency of the data of the
studies, pointing out that BSSI research is "more professional and offers deeper situational analysis". As regards the MES
study, it is seen by the author not as "situational analysis but [rather] situational justification". Yet, "both studies
show that the reform is not taking place as smoothly as was hoped".
It is stressed in the article that "regardless of the official position, bilingual education is a political issue and
influences more than just the education system. One cannot hope for progress in implementing the language policy
if the opponent's opinion is ignored or criticized, as it is the case in the MES study".
How to prevent a state from occurring of a civil society
An article named "How to impede civil society establishment" written by Deniss Hanovs, Master in Humanitarian
Sciences, was published at the public policy portal www.politika.lv.
The author points out that a fine way how to prevent Latvia from occurring of civil society is "to remind to all the
Latvian inhabitants, disregarding their ethnic background, that one of the Latvian society parts - ethnic Latvians
– are a very small group, which is permanently under threat and is about to die out". Searching for enemies is a good
way how to "sidetrack society's attention from internal political problems – slow improvement of life standards,
criminality, etc.".
The author claims that "the Latvian political elite, irrespective of age, professional experience or other identities,
is not able to accept the concept of political or state nation, so necessary for the sake of the Latvian society
consolidation”.
Analyzing the factors, which contribute to backwardness of political culture in Latvia, Mr Hanovs emphasizes "genetic
connection to the Soviet political practice "top-down" as well as the overall civic illiteracy, which causes radicalism,
extremism and hatred towards Otherness as such". To improve radically the situation, the author recommends commencing
discussions about the new definition of the Latvian nation (political nation), where individuals could become Latvians
of "Russian, Jewish, Roma and other ethnic origin".
New online publications on minority issues
The "Right to Education Project") has published research "Minority Rights in Education: Lessons for the European
Union from Estonia, Latvia, Romania and the former Yugoslav Republic of Macedonia" by Duncan Wilson. The research
concerns the issue of minority rights to education in international law, as well as very comprehensive analysis of
minority education policies in four countries, including Latvia.
"Report on the Implementation of the Framework Convention for the Protection of National Minorities in the Republic
of Latvia” now is available online at MINELRES website. This shadow report is prepared by the Latvian Human Rights
Committee, including all members of our newsletter's team. It was presented in November (see Minority issues
in Latvia, No. 59). We thank the MINELRES team for their kind help, posting the report at the MINELRES website.
Compiled by:
Alexei Dimitrov
Tatyana Bogushevitch
Yuri Dubrovsky
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