Minority issues in Latvia, No. 78

December 20, 2003

Content

- Lustration restrictions for MEPs introduced 

- Education reform 2004: approved by the OSCE?

- Could non-citizens work in school?

- Minority issues: Latvia in Europe?
 
 
Lustration restrictions for MEPs introduced
 
The Saeima (Parliament) of Latvia adopted the draft Law on the Elections to the European 
Parliament in the second reading on December 18. The Saeima decided to introduce lustration 
restrictions, similar to ones in the legislation on domestic elections. The final decision will be 
adopted during the third reading in January.
 
Electoral legislation of Latvia provides that persons who were active in the Communist Party, 
Komsomol, Interfront, and some veteran organizations after January 13, 1991, cannot run for 
both parliamentary and municipal elections (although these organizations were legislatively
banned only in August 1991 � see corresponding provisions of the Saeima Election Law. 
The same principle applies to former KGB agents.
 
In August 2000 the Constitutional Court of Latvia passed its judgment regarding compliance 
of the political restrictions in the electoral legislation with the Constitution, the European 
Convention of Human Rights and the International Covenant on Civil and Political Rights. The 
Court found that the restrictions were well-reasoned and legitimate, but recommended to 
introduce the time limit for them (see Minority issues in Latvia, No. 19; full English text of the 
judgment; and dissenting opinion of three judges). The same issue was considered by the 
European Court of Human Rights in the case Tatyana Zhdanok v. Latvia (hearings held in May 
2003, the judgment is not yet announced � see Minority issues in Latvia, No. 65). In fact, 
Tatyana Zhdanok is a person, whose participation in the EP elections may be threatened 
because of the newly introduced restrictions. 
 
MP Aldis Kuskis (the ruling New Era party) mentioned that the restrictions are not based 
on the fear that democracy could be threatened, but just on ethics. He believes that in the 
Western democracies one cannot represent the state, if s/he is against the independence 
of the state. �If politicians do not protect interests of their state, but only represent any group 
in a democratic way, then the question is � which state do they represent and protect�, Mr 
Kuskis notes, �when interpreting the spirit of the Constitution, we have the right to take 
into account, alongside with judicial arguments, the influence of 50 years of occupation 
upon our nation� (the newspaper �Diena� (�The Day�), December 5).
 
Director of the National Human Rights Office Olafs Bruvers, in turn, sent an open letter 
to all MPs, where pointed out that the restrictions do not comply with the Constitution 
and international obligations of the state. He mentioned that in fact MPs try to make a 
decision instead of voters. �No one can prove that these persons could threaten democratic
development of the society or public safety�, Mr Bruvers wrote. National Human Rights 
Office recommends each MP to remember that the European Court of Human Rights or UN 
Human Rights Committee takes into account just judicial arguments, not moral or ethical 
ones (see the text in Latvian at website of the National Human Rights Office). This opinion 
is shared also by Martins Mits, lecturer of the Riga Graduate School of Law, former 
director of the Institute on Human Rights at the University of Latvia (see his comment at 
the Latvian Public policy portal).
 
In the meantime, during the plenary session of the European Parliament on December 15 
MEP Christopher Beazley (PPE-DE) replied to statements of the GUE/NGL Group criticising 
the situation in Latvia (the latter concerned withdrawal of the pro-minority observer Martiyans 
Bekasovs from the EP � see Minority issues in Latvia, No. 77). Mr Beazley said that reference 
should be given to the �illegal Soviet occupation of Latvia�, and the EU should understand 
�the sensitivities and the histories� of the new Member States, also speaking about 
lustration restrictions.
 
Our commentary
 
It seems there is a fundamental difference in perception of democracy in the society of 
Latvia. Pro-minority politicians and lawyers point out that a MEP represents interests 
of his/her voters; in turn, mainstream politicians are sure that MEP should represent 
interests of the �state� (it means, government). Unless there is an agreement on this 
issue or judgment of the ECHR has been published, restrictions will be maintained to 
prevent pro-minority opposition�s politicians from participation in the elections.
 
 
 
Education reform 2004: approved by the OSCE?
 
Tensions concerning the �education reform 2004� (switch to Latvian as the main language 
of instructions in state-supported minority secondary schools) continue. The OSCE High 
Commissioner on National Minorities Rolf Ekeus acknowledged that the reform is necessary 
on December 1, speaking to Minister for Foreign Affairs of Latvia Sandra Kalniete (news
agency LETA, December 2). In the meantime, the reform still arises protests a of minority 
population. For example, schoolchildren in the Riga secondary school No. 32 held a strike 
� refused to come to lessons, protesting against the reform � on December 6 (�Chas� (�The 
Hour�), December 7).
 
Mass media have reported that all minority secondary schools in Riga are going to teach 
8-15 subjects in Latvian after September 1, 2004, but only one school will teach 5 subjects 
in Latvian, as it is written in legal acts. However, administration of schools has not 
confirmed this information. Nevertheless, it is hard to combine both requirements of legal 
acts � at least 5 subjects in Latvian and at least 60% of teaching time in Latvian. It means 
that the school has to teach the most complicated subjects totally in Latvian or to teach 
more than five easier subjects in Latvian ( �Chas� (�The Hour�), December 5).
 
The Ministry of Education and Science suggests changing the composition of the Consultative 
Council on Education of Minorities. Now 16 out of 22 members of the Council are civil servants 
or representatives of school administration, which is appointed by local governments. In 
future, 10 out of 25 members will be representatives of the state, local governments or school 
administration, others will represent NGOs. However, head of the Integration Unit of the 
Ministry Evija Papule mentioned that some persons who are well-known as leaders of so-called 
�GONGO� (government-operated NGOs, in fact, �puppet� NGOs), will be members of the Council 
(�Chas� (�The Hour�), December 10).
 
 

Could non-citizens work in school?
 
Head of the Naturalization Board Eizenija Aldermane had a meeting with MPs from the 
Submissions Committee on December 3. During the meeting she mentioned that a number of 
naturalization applications had doubled since the referendum on joining the EU took place. 
Mrs Aldermane also mentioned that the minority youth starts to speak Latvian better;
nevertheless, a lot of youngsters are disloyal towards the state. She believes that the 
family could influence them; besides, they do not have �patriotic education�. A lot of 
teachers in minority schools are non-citizens, who have no relations with the state 
(�Latvijas Avize� (�The Latvia�s Newspaper�), December 4).
 
In her interview for the newspaper �Telegraf� (�The Telegraph�) Mrs Aldermane mentioned 
that the loyalty cannot be metered, but the problem of patriotism is topical for ethnic 
Latvians too (�Telegraf�, December 5). However, after her statements the nationalistic 
ruling parliamentary faction �For Fatherland and Freedom�/LNNK declared its intention to 
suggest legislative amendments stipulating that only citizens of Latvia could work as teachers.
 
 

Minority issues: Latvia in Europe?
 
EP rapporteur Elisabeth Schroedter visited Latvia on December 1-2 in order to prepare a 
current report on enlargement. During the visit Mrs Schroedter expressed her opinion on 
topical problems. She believes that the state does not have a will to accept Russian 
minority as a part of the new image of Latvia. Mrs Schroedter mentioned an example of
withdrawn observer in the EP Martiyans Bekasovs (see Minority issues in Latvia, No. 77) 
as an example of overdone reaction to statements concerning minorities. Minority education 
reform and too high language requirements for naturalization were reported as an obstacle 
for naturalization too (�Diena� (�The Day�), December 3). The report on enlargement will 
likely be considered in the EP in March.
 
In the meantime, the newspaper �The Budapest Sun� reported that a principle of respect 
towards national minorities could be included into the draft Treaty establishing a 
Constitution for Europe (Article 2). This provision was promoted by the government of 
Hungary. As the newspaper reports, Latvia and Estonia were against inclusion of the
provision into the draft. However, deputy state secretary of the Ministry of Foreign 
Affairs Andris Piebalgs disprove this statement (�Chas� (�The Hour�), December 12).
 


Compiled by:
 
Tatyana Bogushevitch
Alyona Babitch 
 
 
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