Minority issues in Latvia, No. 64
March 15, 2003
Content
- Discussion about ratification of FCNM continues
- Can anything stop the minority education reform?
- The only pro-minority parliamentary faction splits
- News of legislation: more restrictions for non-citizens?
- Minister for Interior: minorities are more "criminalized"?
- Application on "education reform 2004" declared inadmissible by ECHR
- Chairman of the Board of the Society Integration Foundation elected
- Latvian non-citizens in the EU: non-citizens of the EU?
- "Eurovision" song contest to be translated into Latvian?
Discussion about ratification of FCNM continues
The Minister for Foreign Affairs, Minister for Justice, Minister for Education and Science
and Minister for Special Task in the Field of Integration Affairs discussed possible
ratification of the Framework Convention for the Protection of National Minorities by
Latvia on February 20. The Ministers agreed that the Convention is to be ratified during
the term of the current Parliament's office. It is necessary to conduct comparative analysis
of provisions of the Convention and Latvian legislative acts (BNS, February 21).
In the meantime, different political forces also discuss ratification of the Framework
Convention as one of the topical issues in Latvia. The People's Harmony Party (formerly
part of the pro-minority coalition "For Human Rights in United Latvia") adopted resolutions
during its congress on February 15, supporting immediate ratification of the Framework
Convention without reservations and restrictive declarations, as well as opposing "education
reform 2004", i.e. - elimination of the state-supported secondary education in minority
languages.
The nationalistic ruling party "For Fatherland and Freedom"/LNNK on the same day adopted
the call upon the Prime Minister Einars Repse not to ratify the Framework Convention. The
party considers that the term "majority" does not apply to ethnic Latvians, as the number
of Latvians just slightly exceed the number of persons belonging to other ethnic groups, but
non-Latvians constitute majority of population in the biggest cities. Article 4 para. 2
(obligation to guarantee full and effective equality) is not acceptable, as ethnic protectionism
for ethnic Latvians is necessary in Latvia. Article 5 para. 2 (prohibition of forced assimilation)
cannot be implemented, as sometimes the concept of integration adopted by the state is
perceived as assimilation. Article 9 paras. 1 and 4 (use of minority languages in media)
are unacceptable, because these provisions do not comply with the state policy in respect
of language of broadcasting. Article 10 para. 2 (use of minority languages in relations with
public authorities) is not to be implemented, as Latvian is the only state language in the
country, which is to be used by public authorities without exceptions. Article 11 paras. 2 and
3 (use of minority languages in public information and topographical indications) are
unacceptable, as it will be possible to provide mass-scale advertising in Russian, as well as
create bilingual topographical indications. Article 14 (use of minority languages in education)
cannot be accepted, because it does not comply with switch to Latvian as the sole language of
instruction in state-supported minority secondary schools scheduled for 2004. The party opposes
implementation of Article 16 (prohibition to take measures aimed at changing demographic
structure of areas inhabited by minorities in order to limit their rights), because it will
prevent the state from "programmes aimed at improvement of demographic situation in Riga
and Latgale" (regions predominantly populated by minorities - ed.). The party "For Fatherland
and Freedom"/LNNK concludes that principles of the Framework Convention run contrary to the
fundamental model of national state, state language policy and education policy; even signing
of the Convention was a mistake.
Our commentary
It seems that political decision to ratify the Framework Convention some day is adopted by
the ruling coalition; only "For Fatherland and Freedom"/LNNK opposes it, but its role in the
coalition is not significant now, as the party has only 7 MPs out of 100. In our view, the
government of Latvia will delay ratification of the treaty until referendum on the EU accession
takes place on September 20, 2003, claiming that otherwise "nationally minded" voters could
vote against joining the EU. After that the government will probably propose to ratify the
Convention with some reservations, as Prime Minister Einars Repse suggested (see Minority
issues in Latvia, No. 63). At that moment the EU and other international organisations
will have less opportunities to affect decision of the de facto full-fledged EU member state
than they have now, during the pre-accession process.
Can anything stop the education reform?
In order to test the readiness of minority schools to switch to the Latvian language of
instruction, the Ministry of Education and Science sent questionnaires to some school
principals. Among other issues, the questionnaire explores the pupils' and their parents'
attitudes towards the reform. MPs representing the People's Harmony Party (formerly part
of the pro-minority coalition "For Human Rights in United Latvia") asked the Minister for
Education Karlis Sadurskis to comment on these questions. It was asked why the directors'
perception of these attitudes is envisaged as the only adequate inndication, and whether the
Ministry intends for a survey, directly asking parents about their attitudes. In his answer,
Mr Sadurskis pointed out that "school administration's everyday professional task is to
estimate the schoolchildren preparedness and motivation. The questionnaire is drawn up so
that it is possible to use the school administration's information quickly and in objective
way... Thus, the information will be fair and wide".
The Minister was also asked about the way of choosing the schools that are to receive the
questionnaires. However, Mr Sadurskis avoided answering this question.
Mr Sadurskis also wrote an article named "Intimidated Reform?", published in the Latvian-language
daily "Diena" ("The Day", February 26). There, he denies that schools' principals are pushed
to declare the readiness for the reform, because "those, who have hidden the problems, will have
to take responsibility for that after the year 2004". Besides, the Minister stresses that probably
the idea that the Latvian language will not always be the only state language is the root for
the wish to impede or stop the education reform in a part of the society.
Our commentary
The education reform has to be broadly discussed within the civil society in order to be
implemented properly without harming those who will are now objects of the reform. Yet, it
seems that the Ministry of Education and Science has a very special perception of how these
discussions must be organised. It is no surprise that readiness of minority schools is
declared to be almost overall, if only a few schools' principals are asked, and any objections
are taken as "a sign of disloyalty". However, even in such circumstances only 14 minority
schools out of 131 declared readiness for the reform now, 100 claim to be prepared by 2004,
but 17 say they will hardly be ready by 2004.
The only pro-minority parliamentary faction splits
The only pro-minority parliamentary faction "For Human Rights in United Latvia" ("HRUL")
split after the People's Harmony Party (PHP) left the coalition. This decision was taken
by the PHP annual congress which took place on February 15.
Thus, only two parties now remain in the HRUL: "Equal Rights" party and the Socialist Party.
The faction has 8 MPs. The PHP established a separate faction in the parliament represented
by 17 MPs. Both factions after the split declared they will not change their goals and will
follow the pre-election program. The main reason declared by PHP for leaving the coalition
was ineffective decision-making and disagreements between the parties about joining EU and
NATO.
Our commentary
We regret that splitting was seen as the only way of solving the existing contradictions.
We recognise that although the parties will apparently vote similarly on minority issues in
the Saeima, their positions and potentialities in the field of protecting minority rights
are weakened.
News of legislation: more restrictions for non-citizens?
The Saeima (Parliament) of Latvia has recently discussed some issues concerning non-citizens
of Latvia (permanent residents of Latvia, citizens of the former USSR, who came to Latvia
during the Soviet period). MP from the coalition "For Human Rights in United Latvia"
Vladimir Buzayev suggested amending the Law "On the State Revenue Service" in order to
provide the right to work at the State Revenue Service for non-citizens, but the Saeima
rejected this proposal on March 13. Now only citizens of Latvia have the right to work at
the Service as civil servants, but citizens and persons possessing permanent residence
permit have the right to work as other employees. Despite non-citizens of Latvia are not
required to possess permanent residence permit, the Saeima refused to correct this legal
mistake.
Now the Saeima discusses amendments to the Pharmacy Law. Minister for Health Aris Auders
suggested extending education and professional requirements for pharmacists. One of the
proposals was that a pharmacist, who is not a citizen of Latvia and of a member state of
the European Union or European Economic Area, has to work a year at the chemist's under
supervision of pharmacist, before he/she can start his/her own practice at the chemist's.
In fact, this provision concerns also non-citizens of Latvia. The proposal was supported
by the Parliamentary Social and Employment Committee and adopted in the second reading on
February 27. However, Aris Auders and Minister for Special Task in the Field of Integration
Affairs Nils Muiznieks recognised that such requirement for non-citizens is ill-founded,
therefore it should be excluded from the draft law before the third reading ("Diena" ("The Day"),
February 26). Non-citizens could not work at chemist's at all in the period from 1993 till
1998, before this professional ban was cancelled by amendments to the Pharmacy Law.
The Saeima discussed the right of non-citizens to own land in rural areas. The Parliamentary
Committee on Economic, Agricultural, Environmental and Regional Development has submitted
amendments to the Law "On Land Privatisation in Rural Areas", providing that non-citizens
of Latvia and foreigners possessing permanent residence permit, if they lived in Latvia for
10 years or paid taxes in Latvia for 5 years, can own land in rural areas, excluding land used
in agriculture or forests that was not rented by these persons for at least 3 years. The main
aim of the amendments was to introduce 7-year transitional period for the EU citizens' right
to own land in Latvia.
Now non-citizens of Latvia regardless of their term of living can own land in rural areas, if
permitted by local government's officials, excluding land used in agriculture or forests, or
land in border areas. After the first reading parliamentary factions of the party "For Fatherland
and Freedom"/LNNK and Union of Greens and Farmers suggested to maintain restrictions for
non-citizens in force, and the Committee on Economic, Agricultural, Environmental and Regional
Development supported his proposal. Therefore, restrictions for non-citizens will possibly
remain in force even after they are abolished for the EU citizens ("Telegraf" ("The Telegraph"),
March 13).
Our commentary
It seems that the new Saeima, where a lot of new political actors are represented, is going
to restore old practice of introducing new restrictions for non-citizens (professional bans,
ownership restrictions, etc.). Such practice existed for a long time in Latvia before 1997-1998,
when it was abandoned under pressure of OSCE and other international organisations. After the
OSCE Mission to Latvia is closed, but the monitoring procedure by the Council of Europe is
finished, the Latvian authorities do not see attention paid to non-citizens' problems, therefore
they feel free to introduce new limitations or restore the old ones.
Minister for Interior: minorities are more "criminalized"?
Minister for Interior Maris Gulbis (the "New Era" party) spoke about ethnicity of Latvian
criminals in his interview to the March edition of the magazine "Rigas Laiks" ("Riga's Time").
Mr Gulbis notes, that minorities do form majority among criminals and prisoners, which creates
some "internal nationalism" among ethnic Latvians. "I Am not a racist and not nationalist. But
when I see what the situation is, that still more non-Latvians are in prisons, that there are
more criminals among non-Latvians, I know, what group of people mostly sells drugs... and it
seems to me sometimes - why did Latvians deserve such a situation?". Minister sees reasons
for anti-immigrant parties winning elections in some European countries, and is disturbed with
reality Latvia will face after joining the EU and NATO.
Prime Minister Einars Repse stated, that Gulbis' view is not the opinion of the government
("Vesti Segodnya" ("The News Today"), March 3). Answering the question by MPs from
the coalition "For Human Rights in United Latvia" the Minister recognised that non-Latvians,
as a rule, have more social problems, and said that the Ministry is going to pay more attention
to prevention of crimes among non-Latvians.
Our commentary
Opinion that non-Latvians commit crimes more often than ethnic Latvians is quite widespread
in Latvia. We reported about similar statements of ex-mayor of Riga, current MP Andris
Argalis (see Minority issues in Latvia, No. 42). We believe that such public statements
of the Minister for Interior are unacceptable.
We fully agree with the opinion of director of the Latvian Centre for Human Rights and Ethnic
Studies Ilze Brands-Kehre, who pointed out that ethnic composition among prisoners does not
prove that some ethnic groups have a tendency to commit crimes, but it corresponds to ethnic
composition in the biggest cities, where the level of criminality is much higher than in rural
areas. Besides, we believe that non-Latvians have more social problems because of the lack of
citizenship or state language knowledge, that also could affect higher criminality rates among
ethnic minorities.
Application on "education reform 2004" declared inadmissible by ECHR
The European Court of Human Rights declared inadmissible application of Yelena Grishankova
and Oleg Grishankov concerning the "education reform 2004" (see Minority issues in Latvia,
No. 57) on February 13. The applicants claimed that the Education Law providing that
since September 1, 2004 Latvian is the sole language of instruction in state-supported
secondary schools runs contrary to the European Convention on Human Rights.
The Court recognised that the legal provision of domestic legislation can violate the right
protected by the Convention, even if there is not an individual act based on this legal
provision (Article 34 of the Convention). However, according to Article 35 para. 1, the Court
cannot consider application, before all effective domestic remedies are not exhausted.
According to the amendments to the Law on the Constitutional Court (in force since July 1,
2001), an individual can submit a complaint to the Constitutional Court claiming that his/her
rights protected by the Constitution are violated. Article 112 of the Constitution of the
Republic of Latvia protects the right to education; therefore, applicants could bring an
action before the Constitutional Court. It means that domestic remedies are not exhausted
in the case (full text of the decision is available in French at the website of the
Court).
Our commentary
We already pointed out that the application could be rejected on the reason mentioned by
the European Court of Human Rights. Moreover, we think that the violation would not be
found either by the Constitutional Court or by the European Court even if consideration
on the merits would take place - the Belgian linguistic case of 1968 is a landmark precedent
in this respect. We still believe that the problem should be solved rather by political means.
Chairman of the Board of the Society Integration Foundation elected
The President's advisor and businessman Sols Bukingolts has become a new chairman of the
Council of the Society Integration Foundation (SIF) ("Diena" ("The Day"), March 5). The SIF
worked without a Board's chairman for almost half a year, after Ramona Umblija had left
the post. Among other integration projects, the SIF will finance activities of the Minister for
Special Task in the Field of Integration Affairs, priorities being promotion of naturalisation
and development of bilingual education.
Our commentary
It is stressed as a positive aspect that as Mr Bukingolts lived in the USA for several decades,
he has a "western approach" to integration issues. We would argue that his "western background"
is more likely to be valuable for the purposes of "image making" of integration abroad rather
than solving the local problems.
Latvian non-citizens in the EU: non-citizens of the EU?
Latvian non-citizens will not get equal status with other EU citizens, when Latvia joins the EU
("Vechernyaya Riga" ("The Evening Riga"), February 24). There is no other possibility for
Latvian non-citizens than naturalisation. According to Eizenija Aldermane, head of the
Naturalisation Board, some 120,000 - 150,000 young active non-citizens will get naturalised,
thus leaving 450,000 non-citizens after Latvia joins the EU ("Telegraf" ("The Telegraph"),
February 20). Non-citizens will not have electoral rights at municipal elections every EU
citizen will have in Latvia, their freedom of movement will be restricted. Now Denmark is
the only EU member state to grant visa-free entry for non-citizens. It is a new problem for the
EU, Andrew Rasbash, head of the delegation of European Commission in Latvia, acknowledged.
Resolution depends primarily on Latvia. There was an idea to make the rights of Latvian
citizens and non-citizens equal, but now they are treated as citizens of non-EU states.
Our commentary
In our view, no one in Latvia knows exactly, what will be the status of Latvian non-citizens
after the country joins the European Union. The problem mainly concerns the freedom of movement
within the EU (the right to work, visa-free entry, etc.), electoral rights, professional restrictions.
It seems that Latvia did not touch upon the issue at all during the accession negotiations,
hoping that after Latvia joins the EU, the problem of non-citizens will be the problem of the
EU, not Latvia itself. Even now only Minister for Special Task in the Field of Integration
Affairs Nils Muiznieks tries to discuss the issue, establishing a working group; other
ministries, including the Ministry of Foreign Affairs and Ministry of Interior, are very
passive.
We believe that it would be very hard to treat non-citizens of Latvia and Estonia in the same
way as citizens of non-EU states, long-term immigrants, and so on. On the other hand, the Union
will hardly impose on Latvia the obligation to grant the citizenship automatically to all
non-citizens. We think that under pressure and with financial support of the Union Latvia will
speed up naturalisation, making it easier and promoting it by different information campaign.
In any case, there will remain a big number of non-citizens even after joining the EU, therefore
their status is to be determined before it.
"Eurovision" song contest to be translated into Latvian?
Director of the Latvian Television Uldis Grava wrote a letter to State Language Centre,
asking to allow not to translate "Eurovision" song contest to be held in Latvia on May 19-25
into Latvian, as English and French are working languages for the international contest.
According to the State Language Law, events held by state enterprises (including the public
Latvian Television) are to be held in Latvian or translated into Latvian (Art. 11). The State
Language Centre can exempt organiser of the event from this requirement, if participants of
international event agreed that other languages are working languages of the event.
The State Language Centre agreed with holding rehearsal and final concert in English, still,
organizers are to provide information in Latvian and translate TV-version in Latvian to allow
those, who do not want to hear English live version, to watch it in Latvian. It reminded, that
all advertising is to appear in Latvian, as well as all 54 press conferences to be held with
translation into Latvian (LETA, March 7).
Compiled by:
Alexei Dimitrov
Tatyana Bogushevitch
Yuri Dubrovsky
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