MINELRES: Minority issues in Latvia, No. 54

MINELRES moderator [email protected]
Sat Aug 31 12:37:55 2002


Original sender: Alexei Dimitrov <[email protected]>


Minority issues in Latvia, No. 54
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
August 31, 2002

Content

- Enforcement of bilingual education: support to appear highly
overestimated
- Naturalisation goes on very slowly
- Power of the National Council on Radio and TV extended
- Website on minority names' spelling created
- On-line discussion of popular daily on minority education
- Experts discuss activities of the Parliament in the field of human
rights and education
- Popular Latvian-language daily launches monthly supplement on
integration
- Exhibition devoted to the Latvian Roma community


Enforcement of bilingual education: support to appear highly 
------------------------------------------------------------
overestimated
-------------

The Baltic Institute of Social Sciences published the results of its
study "Analysis of the implementation of bilingual education" on the
portal www.politika.lv (see English version at
http://www.politika.lv/polit_real/files/lv/bilingv_en.pdf).

The first recommendation of the authors is "to amend the Education
Law, to strike off the norm that says that 10th grade studies in
state- and local governments-funded secondary schools will be taught
'exclusively in the state language' from September 1, 2004". According
to the results of the survey, 50% of schools are not ready to switch
to Latvian as the main language of instruction in 2004, given that
another 40% will have to overcome difficulties in order to implement
the reform.

As regards the schoolchildren, 15% of those who will have to study in
Latvian in the secondary school in 2004 "definitely will not be able
to do this". Another 69% will face difficulties. Only 4% of teachers,
7% of schoolchildren and 14% of Russian-speaking parents would welcome
the situation when the studies are connducted overwhelmingly in the
Latvian language.

More than a half of the teachers pointed out that the competence of
the schoolchildren decreases as the result of the bilingual education
methods (62%). 50% of the school directors underline that the reform
"negatively affects the way schoolchildren feel themselves
psychologically".

Nevertheless, as the authors point out in the project's annotation,
"the results of the research show, that the bilingual education reform
goes on successfully � during the last years minority pupils
proficiency in the Latvian language has improved" (see the conclusions
at http://www.politika.lv/index.php?id=104190&lang=lv).

Our commentary

As the authors point out, the goal of this research was "to see how
successfully the Ministry of Education implemented bilingual
education, as well as to look at the extent to which minority school
had been preparing successfully for the next phases in the project".
Obviously, the essence and exigency of the reform as such were not
questioned. In other words, the researchers analyzed only rthe
feasibility of the reform, not its desirability for those who are
directly affected. In our view, exactly the latter issue remains
crucial - whether a democratic state can impose such a painful
decision, i.e. elimination of public education in the native langauge,
against the will of a clear majority of those parents whose children
are targeted by this reform. Besides obvious incompatibility of the
elimination of education in minority langauges with the modern
standards of minority protection, the results of the study confirm
that the parents have good reasons to be concerned of the impact on
their children of the switch to the study in non-native language, as
the quality of education, indeed, seriously suffers. 

It is worth noting that the research was carried out owing to the
financial support of the Canadian International Development Agency,
the OSCE and the Soros Foundation-Latvia. Thus, the Latvian government
demonstrated no interest in exploring the possible outcome of the
impposed reform.


Naturalisation goes on very slowly
-----------------------------------

On August 24, daily "Neatkariga Rita Avize" ("The Independent Morning
Newspaper") published the latest naturalisation statistics. This year,
6,024 people have acquired Latvian citizenship. In total 55,419 people
have acquired Latvian citizenship since the naturalisation process was
launched in 1995.

The full naturalisation statistics as on July 31, 2002 available also
at the website of the Naturalisation Board
(http://www.np.gov.lv/en/fakti/files/stat_angl.xls).

Our commentary

According to the data provided by Head of the Naturalisation Board
Eizenija Aldermane, the number of non-citizens interested in
naturalisation has grown up for 20%-30% since the information campaign
about naturalisation started in November 2001 (see Minority issues in
Latvia, No. 52,
http://lists.delfi.lv/pipermail/minelres/2002-June/001968.html).
However, the newly published statistics demonstrates that the growth
of applications for naturalisation is not very big, especially since
May 2002. For example, the number of applications registered in July
2002 (484) is even less than one in July 2001 (636). According to the
data of the Board for Citizenship and Migration Affairs, there are
514,298 non-citizens living in the country (22% of all residents � see
at http://www.np.gov.lv/en/fakti/index.htm), therefore the rate of
naturalisation (approx. 800 applications per month in January � July
2002) is very slow. In our view, naturalisation procedure in Latvia
will not be effective without free language courses available to all
applicants, and without significant amendments in legislative
provisions (e.g. reduction of the state fee, simplification of
examinations or automatic citizenship for all persons, who lived or
were born in Latvia before the restoration of independence).


Power of the National Council on Radio and TV extended
------------------------------------------------------

On August 27, the Cabinet of Ministers approved draft amendments to
the Code of Administrative Violations. Chairman of the National
Council on Radio and Television will have the right to impose
administrative sanctions for violations in the field of electronic
mass media, including violations of the provisions on the use of
languages (see in Latvian at http://www.mk.gov.lv/files/3/11276.doc).
The amendments should be adopted by the Saeima (Parliament).

Section 19 para. 5 of the Radio and Television Law provides that the
broadcasting time on private radio and TV channels in the languages
other than Latvian should not exceed 25 percent of the total
broadcasting time (see the text of the law at



http://www.riga.lv/minelres/NationalLegislation/Latvia/Latvia_TVRadio_excerpts_English.htm
).
Now the National Council on Radio and Television can bring an action
before court in order to impose administrative fine for violation of
this provision. If the amendments are adopted by the Saeima, the
Council will have the right to impose fine itself. In our view, it
could lead to increase of the number of cases regarding administrative
sanctions against private radio and TV companies, which
broadcast/telecast in minority language, because of simplification of
the procedure.


Website on minority names' spelling created
--------------------------------------------

On August 30, the pro-minority coalition "For Human Rights in United
Latvia" ("HRUL") presented its new website (http://www.pctvl.lv). One
of the chapters is called 'SOS' - 'Save our surnames' (see in Russian
and Latvian at
http://www.pctvl.lv/surnames/index.php?cat=00075&lan=lv). It is
devoted to the issue of minority names� spelling in Latvia.

According to the legislation currently in force, personal names and
surnames must be written in documents according to the grammar of the
Latvian language. The original form of the name of a person of
minority origin in Latin transliteration can be written on some other
page of the passport (see Minority issues in Latvia, No. 51,
http://lists.delfi.lv/pipermail/minelres/2002-June/001941.html).

The practice of "Latvianization" of personal names and surnames was
considered by the Constitutional Court on December 21, 2001 in the
case Mentzen v. the Saeima (Parliament) and the Cabinet of Ministers
(see Minority issues in Latvia, No. 41,
http://racoon.riga.lv/minelres/archive//01042002-12:02:29-13464.html,
and the full text of the judgment in English at
http://www.satv.tiesa.gov.lv/Eng/Spriedumi/04-0103(01).htm).
Unfortunately, it was recognised legitimate by the Court. At the same
time the Mentzen case, as well as other similar case Kuharec v. Latvia
is registered in the European Court of Human Rights. The opinion of
the European Court will be decisive.

The new website on minority names' spelling contains information about
provisions of domestic and international law related to the issue,
relevant case-law (including judgments of the European Court of Human
Rights, European Court of Justice and views of the UN Human Rights
Committee), opinions of experts in the field of human rights,
information of historical nature. One can find practical information
(e.g. the list of lawyers dealing with the issue and specimens of
complaints and lawsuits) at the website too. Our author Tatyana
Bogushevitch is the co-ordinator of the project, MPs Boris Tsilevich
and Miroslav Mitrofanov and member of the Latvian Human Rights
Committee Leonid Raihman also worked on the project actively. As
Tatyana Bogushevitch informed us, the website will be supplemented by
information about Russification of personal names in Latvia during the
Soviet period in future. We hope that the website will assist the
further handling of the very complicated and sensitive issue of
minority names' spelling in Latvia.


On-line discussion of popular daily on minority education
---------------------------------------------------------

On August 20, the newspaper "Chas" ("The Hour") held an on-line
discussion with Igor Pimenov, leader of the NGO LASHOR (Association
for Support of Russian-Language Schools in Latvia, for details see
http://www.lashor.lv). The full text of the discussion in Russian is
available at http://www.chas-daily.com/win/online.html?tagsa=9578.

When asked if he thinks whether suspension of the elimination of the
state-supported secondary education in minority languages is possible,
Mr Pimenov claimed it is, if the parents, as tax-payers, will show
that the demand for secondary education in Russian really exists. He
noted that it is necessary to show, that education in Russian is not a
threat to the Latvian language, and that one must not study in Latvian
only to learn Latvian. Asked about real and/or planned results of
LASHOR's activity, Mr Pimenov said that LASHOR does not only criticize
the reform, but elaborates alternative education programmes. LASHOR
will try to press on politicians to get the Education Law amended.
Asked, would it not be better to fight for learning the Latvian
language, Mr Pimenov answered that it is impossible to protect the
Latvian language by suppressing education in other languages.


Experts discuss activities of the Parliament in the field of human
-------------------------------------------------------------------
rights and education
--------------------

The daily "Diena" ("The Day") during the pre-election period publishes
a series of articles about the achievements of the outgoing 7th Saeima
(Parliament) in different spheres. The first article about human
rights issues is written by Nils Muiznieks, director of the Latvian
Centre for Human Rights and Ethnic Studies. Mr Muiznieks mentions that
the State Language Law and regulations of the Cabinet of Ministers
adopted in 1999 � 2000 were recognised "essentially in conformity with
...Latvia's international obligations" by the OSCE High Commissioner
on National Minorities Max van der Stoel (for more details see
Minority issues in Latvia, No. 19,
http://racoon.riga.lv/minelres/archive//09012000-18:08:59-13484.html),
but there were problems regarding implementation of these provisions.

Nils Muiznieks points out that the new Labour Law contains strong
anti-discrimination provisions, compliant with the Race directive of
the European Union. He is satisfied with abolition of the state
language requirements for deputy candidates, too. Mr Muiznieks
believes that the next Parliament will have to ratify the Framework
Convention for the Protection of National Minorities ("Diena" ("The
Day"), August 24).

The second article about education issues is written by the editor of
"The Review on Education in Latvia", Dr. hist. Guntars Catlaks. Mr
Catlaks pays attention to elimination of state-supported secondary
education in minority languages scheduled for 2004. He believes that a
broad awareness programme for teachers and parents should be urgently
developed. Guntars Catlaks is convinced that there are two aspects,
which will ensure the quality and success of the reform � highly
qualified teachers and support for the reform at least from one of the
groups - either from parents or from teachers ("Diena" ("The Day"),
August 28).


Popular Latvian-language daily launches monthly supplement on
--------------------------------------------------------------
integration
-----------

>From August 16, "Neatkariga Rita Avize" ("The Independent Morning
Newspaper") launches monthly supplement on integration in cooperation
with the Society Integration Foundation. The first supplement consists
of 6 articles: two devoted to naturalisation, one about Estonian
minority in Latvia, comparison of Estonia and Latvia in the field of
minority education, an article devoted to racism in Latvia as seen by
Russian-language press, and dictionary of basic integration terms.

Our commentary

We welcome publication of the supplement on integration in the
Latvian-language daily. In our view, it is necessary to demonstrate
clearly that the issue of society integration is a problem of the
whole society, not only of the persons belonging to national
minorities.


Exhibition devoted to the Latvian Roma community
------------------------------------------------

An exhibition devoted to the memory of Latvian poet and painter of
Roma origin Karlis Rudevics (1939-2002) took place in the Latvian
Academic Library on August 15-20. Karlis Rudevics published the first
Roma alphabet with linguist Lexa Manush, contributed to
"Roma-English-Latvian dictionary" and "Latvian-Roma dictionary". Both
works of the painter and other materials of the library on Roma theme
were exhibited (articles from newspapers etc) ("Chas" ("The Hour"),
August 15, http://www.chas-daily.com/win/2002/08/15/g_036.html?r=32&).


----------------
Compiled by:

Alexei Dimitrov
Tatyana Bogushevitch
Yuri Dubrovsky

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