Minority issues in Latvia, No. 63
February 20, 2003
Content
- Ratification of the Framework Convention - better late than never?
- "Language quotas" for private broadcasting topical again
- The Cabinet approves the state budget: minority-related allocations
- Amendments to the naturalisation regulations submitted
- Ethnicity record: excluded in one document, remains in others?
- Seminar on the Framework Convention for minority NGOs
- Camp for illegal immigrants in Olaine
- New articles on ethnic policy at politika.lv
Ratification of the Framework Convention - better late than never?
Minister for Special Task in the Field of Integration Affairs Nils Muiznieks mentioned that
Latvia will possibly ratify the Framework Convention for the Protection of National Minorities
within one year. According to the Minister, it should be discussed whether the Convention is
to be ratified before of after the referendum on joining the EU (September 20). The Minister
expressed his view concerning ratification at the meeting with the Parliamentary Committee on
Citizenship on February 12.
Mr Muiznieks pointed out that Latvia should not adopt reservations which could be incompatible
with the object and purpose of the Convention. He also mentioned that the Law on Radio and
Television is one of the most problematic legal acts because of the language quotas on private
broadcasting in language other than Latvian. Mr Muiznieks believes that the Citizenship Law
complies with Latvia's international obligations, but there is a need to discuss legal status
of non-citizens after the EU accession; the working group will be established for this purpose.
As regards voting rights for non-citizens at municipal elections, the issue will become very
topical after Latvia joins the EU. The education reform (switch to Latvian as the language of
instruction in state-supported minority secondary schools) scheduled for 2004, in the Minister's
opinion, could be unsuccessful, because there is still a lot of work to do ("Chas" ("The Hour"),
February 13).
Prime Minister of Latvia Einars Repse supports ratification of the Framework Convention with
some reservations. "For example, we do not need provision on bilingual information in public
places. Unnecessary things like this should be excluded," the Prime Minister's aide Dans Titavs
said. According to him, ratification of the Convention is discussed within the New Era party and
ruling coalition. However, ratification of international treaties is within the competence of the
Saeima (Parliament), and the Prime Minister is not going to affect the decision (the news
agency BNS, February 13).
Our commentary
It seems, the Framework Convention will be ratified soon under pressure of the EU and the
Council of Europe. However, there is no unified view within the ruling coalition. The Latvian
First Party, which supports Nils Muiznieks, is for ratification of the treaty. Mr Muiznieks
suggests to ratify it with one reservation concerning topographical indications in minority
languages - such indications are not necessary, in his view. The radical nationalistic party
"For Fatherland and Freedom"/LNNK is strictly against. The Union of Greens and Farmers does
not demonstrate clear position in the field of ethnic policy at all. A lot depends on the position
of the leading New Era party. In the beginning of January, Minister for Foreign Affairs Sandra
Kalniete (nominee of New Era) declared that the Framework Convention cannot be ratified now
(see Minority issues in Latvia, No. 61). However, some days later she stated that Latvia is ready
to ratify the Convention (see Minority issues in Latvia, No. 62). Now the Prime Minister suggests
ratification with some reservations. Thus, position of the New Era party is also unclear.
Although the Framework Convention is to be ratified by the Saeima, traditionally the Cabinet
of Ministers submits draft bills on ratification of international treaties and conventions. It
was one of the pretexts to reject draft bills on ratification submitted by the parliamentary
opposition. In turn, the Ministry of Foreign Affairs usually initiates ratification of
international treaties in the Cabinet. We doubt that the Ministry will propose to ratify the
Convention soon, taking into account opinion of the Minister. The Minister for Special Task in
the Field of Integration Affairs could initiate discussion about the Convention in the Cabinet
for sooner ratification, but it would mean that division of labour inside the ruling coalition
is broken. We hope that Nils Muiznieks will be able to find appropriate way to promote the
discussion and sooner ratification of the Framework Convention for the Protection of National
Minorities by Latvia.
"Language quotas" for private broadcasting topical again
MPs from the pro-minority parliamentary faction "For Human Rights in United Latvia" have
submitted amendments to the Law on Radio and Television. They suggested to exclude provisions
of Section 19 para. 1 and 5. The first one provides that each spot should be in one language
only - thus, bilingual and multilingual spots without translation or subtitles (excluding
language-training and musical spots) are prohibited. The latter provision establishes that the
broadcasting in foreign (including minority) languages cannot exceed 25% of the total
broadcasting time. The amendments were rejected by the Parliamentary Committee on Human
Rights and Public Affairs on the reason that the Constitutional Court will consider the case
soon (see Minority issues in Latvia, No. 60).
The issue of language quotas for private broadcasting is mentioned also by the National Council
on Radio and Television in the national concept of development of Latvian electronic mass media
for 2003-2005. Some private broadcasting companies brought to the Council's notice that the
quotas restrict their development; besides, the quotas do not comply with the Framework
Convention. Therefore the Council is going to prepare amendments to the Law on Radio and
Television concerning language quotas, as well as to hold a public opinion survey on the issue
Our commentary
In our view, it is not correct to avoid adoption of the political decision by the Saeima before
the Constitutional Court announces its judgment. If such approach is maintained, MPs will be
able to adopt even absurd populist decisions hoping that the Constitutional Court will correct
errors. It would mean that the Constitutional Court would become a scapegoat responsible for
any unpopular action made in order to control legislature.
The Cabinet approves the state budget: minority-related allocations
The Cabinet of Ministers approved the draft state budget for year 2003 on February 14.
Hereinafter we analyse items of the budget related to language and minority issues.
The President's Commission on the State Language will receive LVL 47,890 (approx. EUR 76,000)
in 2003. In 2002 the newly established Commission received LVL 23,500 from the Ministry of
Finance as an emergency financial support. The Ministry of Education and Science will receive
LVL 177,792 (approx. EUR 282,000) for development of the state language. LVL 77,792 are
allocated for establishing of the State Language Agency from April 1, remaining LVL 100,000
are allocated for 20 different language projects (compare to LVL 38,400 in 2002).
The National Programme for Latvian Language Training will receive LVL 1,114,528 (approx. EUR
1,769,000), where LVL 418,691 are allocated from the budget income, but LVL 695,837 are
received within the framework of the Phare program. In 2002 the National Programme received
LVL 573,900 from the state budget.
The State Language Centre (the main institution responsible for control in the field of usage
of the state language) will receive LVL 98,582 (approx. EUR 157,000), including LVL 4,400 as
own income. In 2002 the institution received LVL 99,500. It should be mentioned that the Centre
plans to check usage of the state language in 2,700 enterprises, consider 700 complaints and
elaborate 2 legislative acts.
The Naturalisation Board will receive LVL 702,234 (approx. EUR 1,115,000) instead of LVL
794,400 in 2002. The support is reduced, because functions of the Board in the field of
minority affairs will be transferred to the Secretariat of the Minister for Special Task in
the Field of Integration Affairs since April 1. Besides that, the project on creation of the
computerised system of naturalisation process is completed.
Ethnic cultural associations will receive traditional grants of LVL 3,624 (approx. EUR 5,750),
but the Association of Ethnic Cultural Associations - LVL 2,499 (approx. EUR 3,950) for
activities in January - March. After April 1, the Secretariat of the Minister for Special
Task in the Field of Integration Affairs will allocate financial support for them from its
budget. Traditional grant for the Roma National Cultural Association (LVL 55,000 in 2002)
will not be allocated this year - apparently, because there is no Roma lobby in the new
government, contrary to the previous one (leader of one of the Roma associations, N.Rudevics,
was elected MP in the previous parliament on the list of then ruling party "The Latvian Way".
At the 2002 elections, "The Latvian Way" did not overcome 5% electoral threshold and is not
represented in the current parliament).
The Secretariat of the Minister for Special Task in the Field of Integration Affairs will
receive LVL 1,340,593 (approx. EUR 2,128,000). However, this sum includes LVL 1,148,900 for
functions executed earlier by other state institutions:
- LVL 41,200 - for functions related to involvement of NGOs to decision-making process;
- LVL 1,039,500 - financial support for the projects within the framework of the Phare
program aimed at development of civil society in Latvia;
- LVL 30,300 - financial support for the programme "The Liv Coast" (activities concerning
the Liv minority - autochthonous population of Latvia, now accounts for only 200 individuals) since February 1;
- LVL 13,700 - financial support for the Society Integration Department (formerly in the
Ministry of Justice);
- LVL 5,900 - financial support for the Minority Affairs Department (now the Minority Affairs
Unit in the Naturalisation Board) after April 1;
- LVL 10,900 - grants for ethnic cultural associations after April 1;
- LVL 7,500 - grant for the Association of Ethnic Cultural Associations after April 1.
Therefore, only approx. LVL 191,700 are allocated for the new functions of the Secretariat.
The Society Integration Foundation will receive LVL 1,623,758 (approx. EUR 2,577,000). This
sum includes LVL 1,022,394 allocated by foreign donors within the framework of the Phare
program. At least LVL 291,000 from the Latvian state budget and LVL 647,060 from the Phare
support will be allocated for ethnic integration.
Amendments to the naturalisation regulations submitted
On February 6, the Ministry of Justice suggested to amend the naturalisation regulations
that could speed up the naturalisation procedure. Now a person gives an oath (promise) to
be loyal towards the state after he/she had passed the naturalisation examinations; the
Ministry proposes to sign the promise immediately after all documents necessary for
naturalisation had been submitted. However, if a person violates rules of naturalisation
examination, he/she will not be able to pass the examination again. In such cases a person
has to submit new naturalisation application that is possible not earlier than in one year,
according to the Citizenship Law ("Vechernyaya Riga" ("The Evening Riga"), February 7).
The amendments are to be adopted by the Cabinet of Ministers to come into force.
Ethnicity record: excluded in one document, remains in others?
Due to intervention of the Minister for Special Task in the Field of Integration Affairs Nils
Muiznieks, the ethnicity record was excluded from the Cabinet regulations on registration of
the time of alternative state service on February 4. The Ministry of Defence prepared the
draft regulations, where ethnicity record was to be included into the database of persons,
who conduct alternative state service instead of mandatory military conscription. Minister
for Defence Girts Valdis Kristovskis claimed that each ethnic group has its own features, but
agreed that the paragraph on ethnicity record was to be excluded ("Vesti Segodnya" ("The
News Today"), February 6). Nils Muiznieks intends to analyse all cases, where ethnicity
record is required by legislative acts.
Seminar on the Framework Convention for minority NGOs
A seminar on the Framework Convention for the Protection of National Minorities organised
by the Information Centre of the Council of Europe and Minority Affairs Unit of the
Naturalisation Board took place on February 7. 200 people, representing 34 minority
organisations, gathered to discuss provisions of the Framework Convention and its possible
ratification in Latvia. The seminar was held in both Latvian and Russian, with predominance
of the latter.
Director of the Information Centre of CoE Uldis Krastins stated, that Latvia should ratify
the Convention, which it signed in 1995. Nothing will change substantially, when the Convention
is ratified, but it can be a good basis for making mutual understanding between Latvia's ethnic
groups better. Minister for Special Task in the Field of Integration Affairs Nils Muiznieks
stressed, that the Convention is rather weak instrument, but useful mechanism to make society
think about life and feelings of minorities.
Professor of the Riga Graduate School of Law Ineta Ziemele touched upon legal aspects of
ratification of the Convention. She noted, that the term "ethnic minority" is to be made
clear, mentioning diverse examples of international experience in this field. She noted, that
the Advisory Committee of FCNM, supervising implementation of the Convention by Estonia, has
made it clear that bilingual secondary education for minorities is possible with 60% share of
the stat language in studying process. The same can be recommended to Latvia. Gita Feldhune,
acting director of the Institute of Human Rights (the University of Latvia), stated that after
the Convention is ratified, minority representatives will be able to speak in their language
and receive answer in it in state and municipal institutions.
Representatives of minority NGOs mainly discussed the problems related to use of languages.
Mikhail Gavrilov (leader of the Russian Party - marginal political force, not represented in
the Parliament) claimed that Russian is to become the second state language, as, for example,
in Latgale Russians are not ethnic minority, but nation. Igor Pimenov (Association for Support
of Russian-Language Schools in Latvia) noted, that the Latvian language is synonymous to
independence for Latvians and it is doubtful whether Russian as the second state language is
needed ("Lauku Avize" ("The Rural Newspaper"), February 11).
Camp for illegal immigrants in Olaine
The Russian-language daily "Panorama Latvii" ("The Panorama of Latvia"), February 6,
investigates the situation with illegal immigrants kept in the Olaine camp. There are 35
illegal immigrants living in the camp now. Most of them are citizens of the former USSR
from Lithuania, Ukraine, Belarus, Azerbaijan, Georgia, Armenia. No residents of Africa or
South Asia are living in Olaine now.
Most of illegal immigrants have problems with their documents, as they entered Latvia. Others,
living in Latvia, did not have necessary stamps in their documents, even if they are registered
in the Population Registry. As journalist notes, some 20,000 people in Latvia still failed to
exchange their old IDs and live with their Soviet passports. Thus, they are potential residents
of the Olaine camp, if they have not put their registration number in their old Soviet passport.
For example, Karen Vaksanyan who has both family and property in the town of Jelgava, became
resident of the Olaine camp, because he had no his personal code stamped in his documents,
while receiving temporary residence permit in 1993 and having needed code in the Population
Registry. Latvian legislation contains provisions which make people wait for resolution of
their cases for years. As an example, Bashir Taldiyev, an old man, fleeing from the conflict
in Chechnya, was waiting for residence permit more than 5 years.
Both persons with criminal record and lawful people with problems in documents are placed in
the camp. Administration has plans of dividing the two groups in the future. Living conditions
are not really good in the camp. No employment is secured, no water and less food than in
prisons, according to regulations adopted by the government.
New articles on ethnic policy at politika.lv
Dr. hist. Leo Dribins describes his view on changes to be made in Latvian education reform
(switch to Latvian as the language of instruction in minority secondary schools scheduled
for 2004) in the article "New Aspects of Education Discussion"). He sees the question
of minority education as one that can become an obstacle for integration in Latvia. Positive
rational solution is needed to secure both interests of the Latvian nation-state and the
rights of ethnic minorities. He does not agree with ideas of Belgian researcher Alex Hansen,
expressed scientifically, and representatives of minorities, expressed more straightforward.
According to Alex Hansen, Latvia should move to linguistic multiplicity, plurality and mixed
identities. Latvia should "lessen divisive influence of nationalism and ethnicity in society and
attach itself another national identity". This fits in the views of one of Daugavpils'
school directors, who suggested creation of multiethnic schools in Latvia with youngsters of
all ethnic backgrounds learning together in Latvian, Russian and English. Latvia should
abandon its character of national state, which is the source of all nowadays problems.
Dribins assumes, that as regenerated Latvian national state is one of the prime values in the
conscience of Latvian citizens, they would not accept abandoning it. If any minority starts
insisting on ignoring national state concept, ethnic tensions will start. However, the policy
of national state should be cleared from ethnocratic influence, from efforts of state ethnic
homogenisation and anti-Europeanism, especially in education policy. Persons belonging to
minorities do make conclusion, that Latvia is "an example of ethnocracy", based on isolated
negative examples, do not want to see prevalence of tolerance. Still, Dr. Dribins thinks that
the education reform now can be seen as an invitation to self-assimilation. View of bilingualism
as a "short transition" to education in Latvian only is ethnocratic as well.
Dribins suggests to make amendments in education legislation, abandoning all, that forms
incorrect view of state education policy. The Ministry of Education should clarify all
definitions of the Education Law, including 'bilingualism', and make official commentary of
the Law. Reform should be implemented in accordance with preparedness of teachers to
work bilingually.
Professor Ilga Apine notes in her article "Political Correctness"), that political correctness
is not seen as an important problem in Latvia. Latvian newspapers speak about it ironically,
always using "so-called" etc. to describe events in this field in the USA or Canada. Author
mentions lots of cases, in which loss of political correctness in Latvia is seen - naming one's
ethnicity when speaking of criminal acts, Romas being mostly vulnerable in these cases; racist
advertising of the Freedom Party (see Minority issues in Latvia, No. 53); mentioning of
ethnicity and religious confession of Aleksandrs Brandavs, first nominee for position of the
Minister for Integration; anti-Chechen statements in Russian-language weekly "Subbota"
("Saturday") after terror act in Moscow. Xenophobic (as a rule, Russophobic) statements are
common in readers' letters in all Latvian newspapers.
Political correctness is a step to tolerance, and Latvia should strive for the first to achieve
the second. Ethnic multiplicity incites xenophobia - anti-Arabism in France, Caucasophobia in
Moscow. Political correctness should be taught to the society. A step towards it is change of
ethnic democracy to the model of pluralist democracy. A further liberalisation of Latvian
ethnic policy is needed by ratifying the Framework Convention and starting debate on
non-citizens' voting rights at municipal level. Latvia is a stable society, which can give
more rights to "others", who are part of Latvian society. This will be a good basis for
political correctness and tolerance in Latvia, professor Apine concludes.
Compiled by:
Alexei Dimitrov
Tatyana Bogushevitch
Yuri Dubrovsky
===========================================================
Minority issues in Latvia
Newsletter published by the Latvian Human Rights Committee (F.I.D.H.)
Subscription/inquiries: [email protected]
Back issues:
http://www.minelres.lv/count/latvia.htm#MinIssuesLatvia
===========================================================