Latvian HR Committee - on main events in Latvia in 1996
Date: Mon, 09 Jun 97 21:35:50 -0500
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Subject: Latvian HR Committee - on main events in Latvia in 1996
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Latvian Committee on Human Rights (F.I.D.H.) - on main HR events
in Latvia in 1996
A brief commentary on the main problems and events in the sphere of human
rights in Latvia in 1996
The main peculiarity of the Republic of Latvia is a great number of the
ethnic minorities' representatives among the local inhabitants (44% of the
population), their rights are significantly limited if compared with Latvian
population. About 70% of the ethnic minorities' representatives (or about
1/3 of the population) are not acnowledged as the citizens of latvia. Though
the overwhelming majority of them either was born in Latvia or has been
living here for many years.
In our view, the following problems and events in the sphere of human rights
in Latvia should be pointed out.
1. The process of naturalization practically did not develop in 1996. By
Augist 31, 1996 only 4,900 people had accepted the conditions of
naturalization and tried to make use of the process though more than 170
thousand persons had the right to apply for naturalization in 1996. Since
the law on citizenship was passed in July 1994 about 3,000 people could get
the Latvian citizenship this way. While not so long ago in the Registry of
Residents during the general registration more than 90% of the non-citizens
expressed their wish to become the Latvian citizens.
If the tempo of naturalization does not change, the country will need at
least some centuries to solve the non-citizenship problem.
2. The difference between the citizens and the non-citizens in the social
and economic rights remain rather significant. A part of these differences
was officially set aside together with the transitional period law repeal.
The other ones, set aside at the legislative level, are still valid in the
sublaw acts. And the third part of the differences only increases in the
course of legislation changes (thus, the amounts of the citizens' and the
non-citizens' social pensions have become equal since January 1996, however,
when calculating the pensions of the non-citizens, their length of service
outside Latvia is not taken into account).
In December 1996 the law on the State Bureau on Human Rights was passed at
last. In that very month the Bureau analyzed the list of the differences
between the citizens' and the non-citizens' rights and acnowledged about a
dozen of them as unfounded. Nevertheless, a great part of these differences
was recognized as well-reasoned with references to the International
Covenant on Civil and Political Rights (particularly, art. 1, 12.3, 25). At
the same time the usage of the above-mentioned Covenant to prove any
limitations of human rights, is prohibited by its article 5.
The conclusion of the Bureau was forwarded to the Saeima's (Parliamentary)
commission on human rights. By that time all the attempts of some Saeima
members to repeal some provisions of the present legislation discriminating
against the non-citizens, were blocekd by the Saeima, as a rule.
3. The passports of the non-citizens that are to acnowledge their status
officially (it was determined by the law on the status of the former USSR
citizens not having the citizenship of Latvia or any other state, dated by
April 1995) andf to guarantee their freedom of movement, have not been given
out in 1996. The Saeima rejected almost all the amendments proposed to the
immigration legislation to make it coresponding to the aforesaid law and the
international norms.
A significant part of the non-citizens who are the subject of this law are
refused to be recognized as such at the level of the executive and judicial
authority.
4. The Saeima also rejected the amendments to the law on the local
government elections granting the voting rights to the non-citizens. The
proposals to abolish the language demand for the citizens - candidates for
the deputies were also rejected. Instead, the Saeima adopted the amendments
prohibiting those people who "acted" in the Communist party, the Interfront
and some other organizations after January 1991 (it was not against the
legisaltion at that time) to be candidates in the municipal elections. The
above-mentioned amendments touched some present mayors of the towns where
the non-Latvian population dominates. According to these amendments to the
law a candidate for the deputies even of the local authorities must master
the literary Latvian on a higher attestation level.
5. In the beginning of 1996 the Saeima accepted for consideration a new
draft law of education by the majority vote. If the draft law is passed, the
ethnic minorities' situation will deteriorate. The negative comments on the
part of international experts and the mass discontent of the Russian
population (55 thousand signatures against the draft law of education) made
the Saeima to postpone its adoption.
6. In the summer of 1996 in Riga, in spite of the pupils' and the teachers'
protests the next Russian school having a 50-year history, was liquidated.
Since September 1996 the manadtory teaching of up to three subjects in
Latvian was introduced in all Russian schools.
7. Since October 1996 according to the rules of the Cabinet of Ministers,
the persons having graduated from non-Latvian schools have to submit the
Latvian language knowledge certificate to receive the status of an
unemployed. It should be noted that the non-Latvian population dominates in
the leading regions by the degree of unemployment (the Rezekne region - 27,
5%, the Kraslava region - 24,8%, the Preili region - 22,0% of teh
unemployed of the economically active population by November 1996).
8. In the summer of 1996 teh Republic of Latvia President's Consultative
Council to deal with the national minorities issues, was created (the LR
Supreme Council analogous institution had been stipulated by the legislation
since 1991 but was never created). The current legislation does not envisage
such a council, its legal status is not determined and it is too early to
speak about its real use.
9. Last year the eviction of people was of mass character due to their
inability to pay rents. The average tenancy rent for the heating season (i.e
, fior a half of a year) is usually more than a minimum salary and an
average old-age pension. In the beginning of 1997 the Saeima is planning to
adopt the amendments abolishing the present rent restrictions.
10. In June 1996 the law on the Constitutional Court was adopted. According
to the law, the Constitutional Court has no right to consider any acts of
law on its own initiative. At the same time the scope of persons and
institutions having the right to bring a case before the Constitutional
Court is limited: 1/3 of the Saeima deputies, the Cabinet of Ministers, the
President of the State, the Supreme Court plenum and under certain
conditions - also the General Public Prosecutor and municipalities. As a
result, the Constitutional Court is unattainable not only for private
persons but almost for all state, political and non-governmental
organizations. The amendments widening the circle of the organizations and
persons having the right to appeal to the Constitutional Court, were
rejected.
At the meantime, the following fact is rather symbolic: the present
Constitution of the Republic of Latvia (Satversme) does not have a section
devoted to human rights.
The Latvian Committee on Human Rights (F.I.D.H.)
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