Minority issues in Latvia, No. 70

June 30, 2003

The Latvian Human Rights Committee (F.I.D.H.) has been publishing an electronic newsletter
"Minority issues in Latvia" since June 1999. From the inception, it was edited by Alexei Dimitrov.
Some days ago Mr Dimitrov started working for the Secretariat of the Minister for the Special
Task in the Field of Integration Affairs, the main state institution responsible for ethnic
policy in Latvia. Therefore you can notice changes in our team. We hope that new people will
help us to make our newsletter even more interesting, but our former editor will remain
active in the protection of minority rights. We would also like to inform that in summer our
newsletter will be published once a month.

Yours sincerely,

Tatyana Bogushevitch
editor

Content

- Minority education reform: more protest actions, no results

- Language quotas for private broadcasting abolished by Constitutional court

- Social exclusion and HIV among ethnic minority youth

- Ethnicity record: whose choice?

- Non-naturalisation as an indicator of a two-community state?

- Radical nationalism: to be combated or supported?

- Presentation of the Ministry of Integration

- Opinion poll: two-community society in Latvia

- The government's action plan in the field of minority protection: will new times come?

Minority education reform: more protest actions, no results

Minority activists continue their mass actions aimed at abolishing minority secondary
education reform scheduled for 2004 (see Minority issues in Latvia, No. 69). The last action
took place on June 18, when after a rally members of so-called Headquarter for the support of
Russian schools (including members of the Latvian Human Rights Committee) handled a petition
to the European Commission delegation in Latvia. They asked to influence upon the government
of Latvia in order to abolish the reform. Supporters of minority schools declared their
intention to call on the people to vote against Latvia's membership in the European Union at
the referendum on September 20, if the European Union does not pay attention to the minority
education issues in Latvia ("Diena" ("The Day"), June 19).

According to the current version of the reform announced by the Ministry of Educatilon, only
up to 40% of the curricula will be taught in minority languages in secondary schools, but
since the year 2007 all state examinations and tests will be passed in Latvian only. There
is a collision between the provisions of the Education Law, on one hand, and recently adopted
governmental regulations: the former provides that after September 1, 2004, all the curricula
in secondary schools must be taught in Latvian only (for more details see Minority issues in
Latvia, No. 67 and Minority issues in Latvia, No. 68). The Ministry of Education and Science
declared its intention to elaborate corresponding amendments to the Education Law in July.
Probably, the Cabinet of Ministers will adopt the amendments in July or August (according to
Article 81 of the Constitution, the Cabinet of Ministers is entitled to amend the law in cases of
urgent necessity between parliamentary sessions; such amendments are to be accepted
by the Saeima (Parliament) later) ("Diena" ("The Day"), June 20).

In the meantime, the biggest Latvian-language newspaper "Lauku Avize" ("The Rural Newspaper") has
published an interview with the chairman of the parliamentary faction of the main ruling New Era party
Arturs Krisjanis Karins. Mr Karins stated that the government would be right even if it would refuse to
support financially schools with minority language of instruction. He believes that the very existence
of schools with the Russian language of instruction is an amazing situation comparing with the situation
in Europe. There is no directive or other document in Europe, which would oblige Latvia to support
minority schools; in fact, the government does not have to do it, Mr Karins stated ("Lauku Avize", June 25).

Our commentary

In our view, the position of the government confirms that it is not ready for a dialogue
with minorities regarding education issues and does not intend to start it. Despite the
pro-minority opposition in the Saeima suggested to amend the Education Law in April and
May, the government is going to invent "urgent necessity" for the amendments. Besides
that, the Cabinet follows practice of the former government - any initiative in the field of
minority rights was presented as a "concession", not as fulfillment of a state's obligation,
to ethnic Latvians. In fact, such approach deprives the government itself of the freedom of
action: it excludes any voluntary decision promoting minority rights: it is quite hard to
explain the voters, why the Cabinet is forced to make so many "concessions" under international
pressure, if "the government does not have to do it".

Language quotas for private broadcasting abolished by Constitutional court

The Constitutional Court has declared the language quotas for private electronic media
unconstitutional. The judgment published on June 6 provides that Section 19 para. 5 of the
Law on Radio and Television is null and void. This provision stipulates that broadcasting
in languages other than Latvian cannot exceed 25% of the total broadcasting time in private
electronic media (language use in public electronic media is regulated by other provisions
of the Law).

The case was brought before the Court by pro-minority parliamentary opposition in December
2002 (see Minority issues in Latvia, No. 60). The Court declared that the provision of the Law on
Radio and Television is in conflict with Article 100 of the Constitution of Latvia guaranteeing
the freedom of expression (conflict with other provisions of the Constitution, as well as ones
of the European Convention for the Protection of Human Rights and Fundamental Freedoms and
International Covenant on Civil and Political Rights was not analysed). The Court mentioned
that freedom of expression can be limited. The limitation (language quotas) is prescribed by
the law, it has a legitimate aim (protection of the right of other people to receive
information in the state language). These arguments were not challenged by the applicants.
Furthermore, the Court decided that the limitation is not necessary in the democratic society,
because it does not ensure the achievement of the legitimate aim, it disturbs free commercial
activities, but the legitimate aim can be ensured by other means (see the judgment online).

The Parliamentary subcommittee on radio and television, which prepares amendments to the Law
on Radio and Television, discusses also new methods of regulating language use in electronic
media. The majority of its members are inclined not to cancel regulating use of languages in
private broadcasting at all. Apparently, language quotas will not be restored in the Law, but
will be indirectly included into conditions of each competition for obtaining broadcasting
license and tenders for frequencies ("Telegraf" ("The Telegraph"), June 19).

Our commentary

We are satisfied that the Constitutional Court has passed professional and deliberative
judgment in so sensitive case. We also agree that the system of licensing could concern
many aspects of broadcasting, also the form of broadcasting. In the meantime, we believe
that if a broadcasting license is refused only on the basis of the broadcasting language,
it should be considered as discrimination on the ground of language in respect of the
right to freedom of expression (Article 10 and 14 of the European Convention for the
Protection of Human Rights and Fundamental Freedoms).

Social exclusion and HIV among ethnic minority youth

The research "Living with Heroin. Identity, Social Exclusion and HIV among the Russian-speaking
Minorities in Estonia and Latvia" published by the Legal Information Centre for Human Rights in
Tallinn, was presented by its author Dr Paul Downes at the Latvian Human Rights Committee on
June 19.

Dr Downes explores the problem of social exclusion of mainly Russian-speaking heroin addicts
in Estonia and Latvia through interviews concerning their attitudes to relationships, emotions,
drug use, social policy issues and their own future. The interviews are examined from the
perspectives of individual identity and the social context of addiction levels in the Baltic States.

The author is highlighting the alarming scale of the HIV epidemic in Estonia and Latvia
particularly affecting Russian-speakers: in Estonia, 98% of heroin addicts are of
Russian-speaking origin. Paul Downes also examines the Estonian and Latvian integration
policy, which provides that Russian-language schools should switch to instruction
overwhelmingly in the state language. Dr Downes argues on the basis of international
psychological, educational and sociological research that this policy risks exacerbating
a cycle of social marginalisation, early school drop-out, heroin addiction and HIV among
their Russian-speaking minorities.

As Minister for Education and Science Karlis Sadurskis reacted to the publication, "the
correlation between the education reform and the drug addiction is absurd. Following such logic,
we can relate all the tendencies to the education reform, also the GDP growth" (the news agency
LETA, May 19).

Copies of the book in English and Russian will be available at the Latvian Human Rights
Committee soon.

Ethnicity record: whose choice?

The Cabinet of Ministers considered draft amendments to the regulations "Order of actualisation
of data, incorporated into the Residents Register" on June 17. Minister for the Special Task in the
Field of Integration Affairs Nils Muiznieks noticed that one should not ask parents to provide
ethnicity of a newborn child, when submitting necessary papers to the Register. He doubted
necessity of depriving the people born in ethnically mixed marriages (every third marriage in
Latvia) from their personal choice. Minister for Interior Maris Gulbis stated that there is no
precedent of anyone suing the state for collecting ethnicity information yet. Representative
of the Board on Citizenship and Migration Affairs Janis Citskovskis reminded that the Law on
Change of Name, Surname and Ethnicity Record allows persons from ethnically mixed families to
change their ethnicity, if he/she proves that one of his/her parents/grandparents belong to
desired ethnicity (if this ethnicity is Latvian, the state language proficiency certificate of the
highest level is to be submitted, besides). The regulations were adopted with Mr Muiznieks
voting against and Deputy Prime Minister Ainars Slesers abstaining. Prime Minister Einars
Repse stated that the regulations will be amended only when someone sues the state on the
issue ("Lauku Avize" ("The Rural Newspaper"), June 18).

Non-naturalisation as an indicator of a two-community state?

Statements of politicians who think that Latvia will never become a two-community state seem
to be untrue, Minister for the Special Task in the Field of Integration Affairs Nils Muiznieks
stated at the conference "The meaning of regional aspects in solving citizenship problems", held
in Riga on June 18.

The minister paid a lot of attention to young people and children, born after the independence
was restored, whose parents do not register them as the citizens of Latvia (such children can
be registered as citizens by their parents' request, according to the Citizenship Law). Nils
Muiznieks considers the very low number of such requests a serious problem. According to the
minister, a lot of non-citizens, especially youngsters, do not want to get naturalised. As Mr
Muiznieks pointed out, "Many Russian-speaking youngsters would rather take part in manifestations
against the education reform than go to the Naturalisation Board" ("Vesti Segodnya" ("The News
Today"), May 19).

Mr Muiznieks' words were confirmed by the regional research conducted by the Naturalization
Board. According to the results, the number of naturalisation applications has decreased since
1999. Today approximately 498,000 non-citizens live in the country ("Chas" ("The Hour"), May 19).
The research also shows that people do not want to get naturalised, because they think that
they should become the citizens of Latvia automatically. At the conference, several reasons
of such position were mentioned: the fact that many of them were born in Latvia or have lived
here for many years and paid taxes, insufficient knowledge of the Latvian language and history,
and others.

There is one more reason to be highlighted. It is nationalistically minded politicians' and
society's negative attitude towards non-citizens and naturalised citizens. This makes people
feel alienated and unconfident.

Our commentary

Taking into account these conclusions, as well as the data of the research, there is no
surprise that the process of naturalisation is not as successful as many Latvian politicians
claim. It seems that the government should take off "pink glasses" and offer a real plan to
improve the situation. Otherwise the problem of two-community society may become very serious.

Radical nationalism: to be combated or supported?

Minister for the Special Task in the Field of Integration Affairs Nils Muiznieks has applied
to the Prosecutor General's Office asking to start criminal proceedings against the journalist
of the radical nationalistic newspaper "DDD" ("Deoccupation, Decolonisation, Debolshevisation")
Karlis Rebins. Mr Muiznieks asked to evaluate, whether the article written by Karlis Rebins
incites ethnic hatred.

The journalist wrote that the WWII was started not by Hitler, but by "the richest Yids [Kikes - ed.] and
also Churchill and Roosevelt", as well as denies the Holocaust, inviting Latvians "not to believe the
Yid historians". The newspaper also regularly publishes "The Zion Wise Men Protocols", which
is considered an offence in many European countries ("Vesti Segodnya" ("The News Today"), June 14).

However, the newspaper's ideas seem to find support among some Latvian officials. Thus, MP,
chairperson of the Parliamentary Committee on Human Rights and Public Affairs Ina Druviete
gives a lengthy interview to the "DDD" with the headline "Will Latvians be Ended up Due to the
Occupants?" ("DDD", June 12-26). There Mrs Druviete states that "during the coming 3-5 years
the hyper-orientation towards the rights of individuals will be revised [to benefit the rights of ethnos]".
Commenting the journalist's statement that "freedom of expression is very malformed in Latvia.
My rights as the rights of ethnic Latvian to express my legitimate claims to live in a country,
free from occupants, are limited", Mrs Druviete said "I agree with you. The New Era party's
[the main ruling party, to which Mrs Druviete belongs - ed.] policy is aimed at strengthening
Latvianness (latviskums)".

Presentation of the Ministry of Integration

The Secretariat of the Minister for the Special Task in the Field of Integration Affairs
(the main state institution responsible for integration, minority affairs and elimination
of racial discrimination) held a presentation of its new premises on June 16. Now in newly
reconditioned apartments there is enough place for 21 employees. Minister Nils Muiznieks
has noticed that the ethnic composition of his staff is exactly the same as of the population
of Latvia: 60% are ethnic Latvians and 40% - persons belonging to minorities.

Three priorities are to be implemented in the nearest future. The main one is a creation
of a cultural information centrer for national minorities, which will start its activity next
year. The second priority is social integration that involves the whole territory of Latvia.
The Secretariat will prepare the conference "Tolerance is a way to the unity of society".
Special attention will be paid to the integration of young people, because currently 110,000
non-citizens are young people below 27. The future plans of the Secretariat are ambitious: in
one year it wants to become a real ministry with corresponding authority, broad functions,
and a staff of 250 employees ("Chas" ("The Hour"), June 17).

Opinion poll: two-community society in Latvia

The centre of public opinion research SKDS conducted a poll about interethnic relations in
Latvia (May 2003). The main conclusion was that in future the contradictions between Latvians
and non-Latvians would still remain. 47% of respondents do not believe in confluence of
communities. Young people at age 18-24 presuppose that the gap between Latvians and
Russians will only deepen.

The government's action plan in the field of minority protection: will new times come?

The review of the government's action plan for the year 2003 in respect of activities in the
field of human rights and minority affairs was published at the public policy portal
www.politika.lv). The review was prepared by former executive secretary of the Latvian
Human Rights Committee and editor of our newsletter Alexei Dimitrov and named "Human Rights
and Integration: New Times, Old Problems". There, the author points out that "the greatest
surprise was the action plan presented by the Secretariat of the Minister for the Special
Task in the Field of Integration Affairs. Unlike the action plans of other ministries, it mainly
contains general sentences: "ensuring dialogue with ethnic minorities", "working out and
implementing the integration policy", etc.

Mr Dimitrov stresses that the ratification of the Framework Convention for the Protection
of National Minorities is not even mentioned and the mechanism of the EU Race Equality
Directive's implementation remains unclear, although these had been the top priorities
for Mr Muiznieks before he was approved as a minister. Yet, the author hopes, that "only
complicated political circumstances do not allow the Minister to include these initiatives to
the action plan. I am sure that he has not forgotten the times, when he worked for NGO and
was the proponent of such ideas".

Compiled by:

Tatyana Bogushevitch
Yuri Dubrovsky
Gennady Kotov
Alyona Babitch
Milada Fomina
Milana Fomina

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