MINELRES: Minority issues in Latvia, No. 65
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Mon Apr 7 08:36:00 2003
Original sender: Alexei Dimitrov <[email protected]>
Minority issues in Latvia, No. 65
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
April 1, 2003
Content
- The education reform: a lustrum in two years
- EP Committee evaluates Latvia's application for EU membership
- Society Integration Foundation allocates funds for ethnic integration
- ECHR will consider the case Zhdanok v. Latvia
- The Parliament rejects proposal on Orthodox Easter and Christmas as
holidays
- New pro-minority initiatives of NGOs
- New state language institution to be established
- Language splits patients and doctors
- MP: Latvia needs a strong army to get rid of occupants
- The first Latvian Jewish Congress held
- Experimental Roma class in Riga State Technical College
The education reform: a lustrum in two years
--------------------------------------------
The aim of the envisaged minority education reform repeatedly described
in our newsletter is to ensure the switch of state-supported minority
secondary schools to the Latvian language of instruction in 2004. Yet,
it seems that much is being done in order to facilitate and hasten the
process by reducing the number of these schools and transforming them.
Thus, the Education Committee of the Riga City Council has made a
decision to transform the Russian-language school No. 17, merging it
with the Latvian-language one. It is stated that as there are only 300
pupils in the school, it is possible to place the Latvian school in the
same building. The problem traces its roots back to the year 1995, when
the school was one of the largest Russian schools in the downtown. That
year, as well as the forthcoming one, the Riga City Council ruled that
only one first grade (class) has to be created and no supplementary
admission to the tenth grades be allowed in this school. Soon, the
number of the pupils of the Russian school reduced from 800 to 300.
Parents were reluctant to send their children to the school, which
seemed not to have a chance to survive ("Vechernyaya Riga" ("The Evening
Riga"), March 24,
http://rus.delfi.lv/news/press/vriga/article.php?id=5060836). The next
step was to transform the preliminary Latvian-language school into
secondary and to make the school No. 17 a "two-stream", with single
administration.
There are also other evidences of the orchestrated process of
elimination of the Russian-language schools. It is usually accompanied
by gradual replacing of members of the schools administration with
Latvian-speaking persons who would lead the reform in the right
direction ("Chas" ("The Hour"), March 20). The Russian-language school
No. 95 could be one example ("Vechernyaya Riga", March 5,
http://rus.delfi.lv/archive/article.php?id=4924768&ndate=1046815200&categoryID=3813016).
There, the school principal of the Russian ethnic origin had to resign
due to insufficient knowledge of the Latvian language. She was replaced
by the Latvian language teacher (ethnic Latvian). Soon, relationships
between the teaching staff, parents and children, on one side, and the
principal, on the other, became very tense; dozens of schoolchildren and
teachers were and still are leaving the school. The parents addressed
public officials who could dismiss the principal but failed to get any
result. Moreover, the Education Committee of the Riga City Council
decided not to discuss complaints written in Russian.
Our commentary
In our view, such off-the-record practice aimed at forceful reduction of
the number of schoolchildren in the Russian schools is even more
dangerous than their official transformation into schools with the
Latvian language as the main language of instruction. It is being done
on the permanent basis, yet silently. Parents addressing different
institutions turn out to have no chance to influence this practice.
Although the cases are declared to be unconnected, it seems that they
may indeed be regarded as a part of well-thought and well-managed
policy.
EP Committee evaluates Latvia's application for EU membership
-------------------------------------------------------------
The Committee on Foreign Affairs, Human Rights, Common Security and
Defence Policy of the European Parliament adopted draft recommendation
on the application by the Republic of Latvia to become a member of the
European Union (rapporteur MEP Elisabeth Schroedter) on March 17. The
document is part of the package to be adopted by the European Parliament
during its plenary meeting on April 8-9 giving assent for enlargement.
In the explanatory statement for the recommendation, Mrs Schroedter
mentions that "the situation as regards the ethnic minorities has been a
prominent cause of concern. While not denying that a strong focus on the
preservation of the Latvian nation and language was only natural when
Latvia regained its independence after decades of russification policy
under the Soviet rule, the European Parliament noted that rules for the
granting of citizenship and provisions on language use were partly
incompatible with international standards. Amendments and new laws have
now greatly improved the situation, as recognised also by the OSCE and
the Parliamentary Assembly of the Council of Europe. Membership in the
EU will seal Latvia's successful political and economic transition. For
this and other reasons, it should help to inspire confidence and thereby
facilitate harmonious development of inter-ethnic relations." Besides,
"increased funding would [...] permit expansion of Latvian language
training and other measures to promote better integration of the ethnic
minorities into Latvian society." (can be downloaded from
http://www.europarl.eu.int/meetdocs/committees/afet/20030317/471794en.pdf)
Our commentary
In our view, position of the European Union concerning minority issues
in Latvia was to be more consistent and articulated more clearly. In
1990s other international actors, such as OSCE and the Council of
Europe, were active in this field; role of the European Union was
limited to economic issues. After the OSCE Mission to Latvia was closed,
but monitoring of the Parliamentary Assembly of the Council of Europe
terminated, the European Union remained the main actor in the field.
However, EU was not ready to play this role. Therefore, position of the
Union regarding key minority issues (such as minority education reform
2004) was very vague, partly because the EU has neither strict legal
framework nor professional expertise in the field. This situation was
used successfully by the Latvian authorities: key issues were not
mentioned at all during the process of negotiations (for example, the
issue of non-citizens was not discussed properly see Minority issues
in Latvia, No. 64,
http://lists.delfi.lv/pipermail/minelres/2003-March/002618.html). Now,
after Latvia joins the European Union, the Union itself will be forced
to solve minority problems in the country, but the Latvian authorities
will claim that it would be unfair to impose any additional requirement
on the full-fledged EU member state, if such requirements were not
mentioned during the pre-accession process.
Society Integration Foundation allocates funds for ethnic integration
----------------------------------------------------------------------
The Society Integration Foundation has adopted plan of allocation of
217,000 Lats (approx. EUR 350,000) from the state budget for the
projects to be submitted in 2003. 119,000 Lats are allocated for ethnic
integration: 30,000 Lats for NGOs' projects aimed at ethnic integration,
30,000 Lats for support of minority education, language and culture,
25,000 Lats for school co-operation, 19,000 Lats for media projects in
support of cohesion in the society and 15,000 Lats for projects in the
field of repatriation, migration and co-operation with compatriots
abroad.
Besides, the Foundation plans to announce competition of projects aimed
at Latvian language training for adults, also supported by the state
budget. The Foundation will also manage Phare financial support for
projects aimed at ethnic integration ("Neatkariga Rita Avize" ("The
Independent Morning Newspaper"), March 21).
ECHR will consider the case Zhdanok v. Latvia
----------------------------------------------
The European Court of Human Rights has recognised admissible application
of Tatyana Zhdanok, leader of the "Equal Rights" party (member of
pro-minority coalition "For Human Rights in United Latvia" - "HRUL") and
co-chairperson of the Latvian Human Rights Committee. The decision on
admissibility was adopted on March 6 (available in French at
http://hudoc.echr.coe.int/Hudoc2doc2/HFDEC/200303/58278_00da_chb1-zdanoka.doc).
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 at
http://www.minelres.lv/NationalLegislation/Latvia/Latvia_ElecParl_excerpts_English.htm).
Mrs. Zhdanok was a member of the Inner Audit Commission in the Latvian
Communist Party, therefore in December 1999 she was deprived of the Riga
City Council deputy's mandate on the reason of alleged "activities" in
the Latvian Communist Party after January 13, 1991 (see Minority issues
in Latvia, No. 10,
http://racoon.riga.lv/minelres/archive//11271999-18:57:30-21424.html).
In August 2002, the Central Election Commission decided to strike Mrs.
Zhdanok's name off the electoral list of the People's Harmony Party
(another former part of the "HRUL" coalition) (see Minority issues in
Latvia, No. 53,
http://lists.delfi.lv/pipermail/minelres/2002-August/002234.html).
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,
http://www.minelres.lv/archive//09012000-18:08:59-13484.html; full
English text of the judgment is available at
http://www.satv.tiesa.gov.lv/Eng/Spriedumi/03-01(00).htm; dissenting
opinion of three judges is available at
http://www.satv.tiesa.gov.lv/Eng/Spriedumi/03-01(opinions).htm).
Political restrictions for deputy candidates were criticised by the
International Election Observation Mission to Latvia in October 2002
(see Minority issues in Latvia, No. 57,
http://lists.delfi.lv/pipermail/minelres/2002-October/002356.html).
Mrs. Zhdanok brought the case before the European Court of Human Rights
claiming violation of Article 10 (the freedom of thought), Article 11
(the freedom of association), as well as Article 3 of the Protocol No. 1
(the right to free elections) of the European Convention for the
Protection of Human Rights and Fundamental Freedoms. The Court will
consider the case on the merits in public hearing on May 15 ("Chas"
("The Hour"), March 26). Judgment will be very significant for political
developments in Latvia, as several prominent left-wing politicians so
far cannot participate in the elections due to political restrictions
mentioned above.
The Parliament rejects proposal on Orthodox Easter and Christmas as
-------------------------------------------------------------------
holidays
--------
The Saeima (Parliament) rejected amendments to the Law on Holidays,
Commemoration Days and Celebratory Days allowing Latvia's Orthodox and
Old-believer community to celebrate Easter and Christmas on their dates,
thus obtaining the right to official holiday, as the Protestants and
Catholics do have. The proposal was submitted by the People's Harmony
Party; 27 MPs voted for it (oppositional pro-minority People's Harmony
Party and coalition "HRUL", as well as 3 MPs from the ruling Union of
Greens and Farmers), 14 MPs voted "against", 52 abstained.
Similar amendments were submitted by the coalition "HRUL" in December
2002, but were rejected too (see Minority issues in Latvia, No. 61,
http://lists.delfi.lv/pipermail/minelres/2003-January/002511.html).
The Orthodox community is the third biggest religious community in the
country after the Lutherans and Catholics; there are more than 350,000
Orthodox and Old believers in Latvia.
New pro-minority initiatives of NGOs
------------------------------------
The NGO Union of Citizens and Non-citizens has presented two proposals
on minority issues. A letter to the President of Latvia Vaira
Vike-Freiberga has been presented recently, asking to provide voting
rights at municipal elections for Latvia's non-citizens. The letter was
signed by the Union of Citizens and Non-citizens, "Civil Initiative
XXI", Latvian Human Rights Committee, LASHOR (Association for Support of
Russian-language schools in Latvia), Latvian Russian Community (ROL),
and a number of other pro-minority NGOs.
Another letter addressed to Minister for Special Task in the Field of
Integration Affairs Nils Muiznieks is being prepared. The Union of
Citizens and Non-citizens and other NGOs propose to grant citizenship
without naturalisation procedures for persons, who received school
education in Latvia since 1991, regardless of the language of
instruction (now only persons, who received education in Latvian, can
obtain the citizenship by registration). Besides, it is proposed to
abolish political restrictions for naturalisation (e.g. for former
Communists or Soviet army officers).
NGOs propose to set up municipal consultative councils on minority
issues in areas, where minorities live in substantial numbers, as well
as to put 3-year-long moratorium (till 2007) for transition to Latvian
as the sole language of instruction in state-supported secondary
schools, aiming at better evaluation of the situation and finding
resolution of the problem in long-term perspective. It is also proposed
to abolish 25% quota for telecasting/broadcasting in languages other
than Latvian.
New state language institution to be established
------------------------------------------------
The Cabinet of Ministers has started discussion about creation of the
new state institution the State Language Agency. Financial support for
the new institution is provided by the budget from April 1.
The Agency will be subordinated to the Ministry of Education and
Science. Its staff will consist of 12 persons. The Agency will borrow
some functions of the existing State Language Centre, as well as execute
new ones. It will analyse development of the state language, provide
consultations, promote use of the state language, create new
terminology, etc. After the Agency is created, the State Language Centre
will maintain control functions only.
Language splits patients and doctors
------------------------------------
The NGO Patients' Rights Office of Latvia (http://www.lptb.lv/eng)
conducted a survey about patients' problems. As a result, the Office has
elaborated the recommendation for medical establishments to issue
written recommendations/prescriptions for patients in Russian, if
necessary, as many patients do not speak Latvian at the level needed for
understanding of medical documentation. Heads of medical establishments
criticised the idea, as problems in relations with the State Language
Centre could appear. Besides, they claim it would be too expensive to
translate documents.
As lawyer of the Office Solvita Olsena points out, if a tragedy happens
because of misunderstood document, the application to the European Court
of Human Rights could be submitted. She also believes that legislative
provision on the language of medical documentation is to be included
into the draft law on patients' rights ("Chas" ("The Hour"), March 26).
MP: Latvia needs a strong army to get rid of occupants
------------------------------------------------------
Mr Aleksandrs Kirsteins, a member of the Saeima (Parliament),
representing the right-wing oppositional People's Party, gave an
interview for the radical nationalistic newspaper "DDD".
In his interview Mr Kirsteins pointed out, that the process of
decolonisation and deoccupation of Latvia continues and has never been
stopped. He also criticises the position of international organisations,
which "doubt that children have to take responsibility for the fact that
their parents or grandfathers occupied another country". The MP told
that "the solution in the Latvian situation is extremely simple: the
only thing we need is a strong army. In this case nobody will say
anything about expelling of civil occupants from our country".
Yet, Mr Kirsteins also hopes that the situation will be improved with
the help of the EU. He states that the EU will finance repatriation,
pointing out that after the accession "150,000 non-Latvians will leave
for the EU states, 150,000 will return to Russia and others will
assimilate" ("Vesti Segodnya" ("The News Today"), March 18,
http://rus.delfi.lv/temp/vesti/vs_03_1109.pdf).
The first Latvian Jewish Congress held
--------------------------------------
The Council of Jewish Communities was created at the first Congress of
Jewish Communities of Latvia on March 16. 75 elected delegates from
different regions of Latvia participated in the Congress. The Council of
Jewish Communities is a confederation to unite religious and secular
Jewish organizations with the right of every community to leave, if it
is not satisfied with the Council's work.
Head of the Riga Jewish community Arkadiy Sukharenko was elected head of
the Council. According to him, business will not be among the tasks of
the Council. Priorities are the following: creation of the community
centre, new building for the Riga Shimon Dubnov Jewish School,
restoration of synagogues. Main concern of the organisation will be
social assistance for the poor, social house is to be built. Among other
things, the Council will be engaged in distribution of financial support
from individual sponsors and international organisations.
Experimental Roma class in Riga State Technical College
-------------------------------------------------------
One and a half year ago, an experiment at the Riga State Technical
College was initiated. Romani class was created to assist Latvian Roma
in gaining higher education. The Ministry of Education and Science, Roma
Community and Riga State Technical College contributed to the project.
It was the first case in Latvian education system, when quotas for the
Roma were set. Low level of knowledge is one of the obstacles for the
Roma to receive higher education. According to representative of the
Riga State Technical School Valentina Zakharova, a group of 16 students
was created, which diminished to 8 now, as other 8 students left.
The students see themselves as a good example for Latvian Roma community
to study in high schools and receive education, thus avoiding negative
stereotypes and prejudice common in society. There is no reason to
create a system of Romani education in Latvia, director of the
Department of Professional Education of the Ministry of Education Gunars
Krusts says. He does not think that it is necessary to segregate such
children from all the others, thus no Roma classes in universities are
planned ("Telegraf" ("The Telegraph"), March 25,
http://rus.delfi.lv/temp/telegraf/T347-17.pdf).
Compiled by:
Alexei Dimitrov
Tatyana Bogushevitch
Yuri Dubrovsky
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