MINELRES: Minority issues in Latvia, No. 63
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Mon Feb 24 10:02:04 2003
Original sender: Alexei Dimitrov <[email protected]>
Minority issues in Latvia, No. 63
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
February 20, 2003
Content
- Ratification of the Framework Convention better late than never?
- "Language quotas" for private broadcasting topical again
- The Cabinet approves the state budget: minority-related allocations
- Amendments to the naturalisation regulations submitted
- Ethnicity record: excluded in one document, remains in others?
- Seminar on the Framework Convention for minority NGOs
- Camp for illegal immigrants in Olaine
- New articles on ethnic policy at politika.lv
Ratification of the Framework Convention better late than never?
------------------------------------------------------------------
Minister for Special Task in the Field of Integration Affairs Nils
Muiznieks mentioned that Latvia will possibly ratify the Framework
Convention for the Protection of National Minorities within one year.
According to the Minister, it should be discussed whether the Convention
is to be ratified before of after the referendum on joining the EU
(September 20). The Minister expressed his view concerning ratification
at the meeting with the Parliamentary Committee on Citizenship on
February 12.
Mr Muiznieks pointed out that Latvia should not adopt reservations which
could be incompatible with the object and purpose of the Convention. He
also mentioned that the Law on Radio and Television is one of the most
problematic legal acts because of the language quotas on private
broadcasting in language other than Latvian. Mr Muiznieks believes that
the Citizenship Law complies with Latvia's international obligations,
but there is a need to discuss legal status of non-citizens after the EU
accession; the working group will be established for this purpose. As
regards voting rights for non-citizens at municipal elections, the issue
will become very topical after Latvia joins the EU. The education reform
(switch to Latvian as the language of instruction in state-supported
minority secondary schools) scheduled for 2004, in the Minister's
opinion, could be unsuccessful, because there is still a lot of work to
do ("Chas" ("The Hour"), February 13).
Prime Minister of Latvia Einars Repse supports ratification of the
Framework Convention with some reservations. "For example, we do not
need provision on bilingual information in public places. Unnecessary
things like this should be excluded," the Prime Minister's aide Dans
Titavs said. According to him, ratification of the Convention is
discussed within the New Era party and ruling coalition. However,
ratification of international treaties is within the competence of the
Saeima (Parliament), and the Prime Minister is not going to affect the
decision (the news agency BNS, February 13).
Our commentary
It seems, the Framework Convention will be ratified soon under pressure
of the EU and the Council of Europe. However, there is no unified view
within the ruling coalition. The Latvian First Party, which supports
Nils Muiznieks, is for ratification of the treaty. Mr Muiznieks suggests
to ratify it with one reservation concerning topographical indications
in minority languages such indications are not necessary, in his view.
The radical nationalistic party "For Fatherland and Freedom"/LNNK is
strictly against. The Union of Greens and Farmers does not demonstrate
clear position in the field of ethnic policy at all. A lot depends on
the position of the leading New Era party. In the beginning of January,
Minister for Foreign Affairs Sandra Kalniete (nominee of New Era)
declared that the Framework Convention cannot be ratified now (see
Minority issues in Latvia, No. 61,
http://lists.delfi.lv/pipermail/minelres/2003-January/002511.html).
However, some days later she stated that Latvia is ready to ratify the
Convention (see Minority issues in Latvia, No. 62,
http://lists.delfi.lv/pipermail/minelres/2003-February/002553.html). Now
the Prime Minister suggests ratification with some reservations. Thus,
position of the New Era party is also unclear.
Although the Framework Convention is to be ratified by the Saeima,
traditionally the Cabinet of Ministers submits draft bills on
ratification of international treaties and conventions. It was one of
the pretexts to reject draft bills on ratification submitted by the
parliamentary opposition. In turn, the Ministry of Foreign Affairs
usually initiates ratification of international treaties in the Cabinet.
We doubt that the Ministry will propose to ratify the Convention soon,
taking into account opinion of the Minister. The Minister for Special
Task in the Field of Integration Affairs could initiate discussion about
the Convention in the Cabinet for sooner ratification, but it would mean
that division of labour inside the ruling coalition is broken. We hope
that Nils Muiznieks will be able to find appropriate way to promote the
discussion and sooner ratification of the Framework Convention for the
Protection of National Minorities by Latvia.
"Language quotas" for private broadcasting topical again
--------------------------------------------------------
MPs from the pro-minority parliamentary faction "For Human Rights in
United Latvia" have submitted amendments to the Law on Radio and
Television. They suggested to exclude provisions of Section 19 para. 1
and 5. The first one provides that each spot should be in one language
only thus, bilingual and multilingual spots without translation or
subtitles (excluding language-training and musical spots) are
prohibited. The latter provision establishes that the broadcasting in
foreign (including minority) languages cannot exceed 25% of the total
broadcasting time. The amendments were rejected by the Parliamentary
Committee on Human Rights and Public Affairs on the reason that the
Constitutional Court will consider the case soon (see Minority issues in
Latvia, No. 60,
http://lists.delfi.lv/pipermail/minelres/2002-December/002471.html).
The issue of language quotas for private broadcasting is mentioned also
by the National Council on Radio and Television in the national concept
of development of Latvian electronic mass media for 20032005. Some
private broadcasting companies brought to the Council's notice that the
quotas restrict their development; besides, the quotas do not comply
with the Framework Convention. Therefore the Council is going to prepare
amendments to the Law on Radio and Television concerning language
quotas, as well as to hold a public opinion survey on the issue (see in
Latvian at http://www.nrtp.lv/lv/nackoncepcija.php).
Our commentary
In our view, it is not correct to avoid adoption of the political
decision by the Saeima before the Constitutional Court announces its
judgment. If such approach is maintained, MPs will be able to adopt even
absurd populist decisions hoping that the Constitutional Court will
correct errors. It would mean that the Constitutional Court would become
a scapegoat responsible for any unpopular action made in order to
control legislature.
The Cabinet approves the state budget: minority-related allocations
-------------------------------------------------------------------
The Cabinet of Ministers approved the draft state budget for year 2003
on February 14. Hereinafter we analyse items of the budget related to
language and minority issues.
The President's Commission on the State Language will receive LVL 47,890
(approx. EUR 76,000) in 2003. In 2002 the newly established Commission
received LVL 23,500 from the Ministry of Finance as an emergency
financial support. The Ministry of Education and Science will receive
LVL 177,792 (approx. EUR 282,000) for development of the state language.
LVL 77,792 are allocated for establishing of the State Language Agency
from April 1, remaining LVL 100,000 are allocated for 20 different
language projects (compare to LVL 38,400 in 2002).
The National Programme for Latvian Language Training will receive LVL
1,114,528 (approx. EUR 1,769,000), where LVL 418,691 are allocated from
the budget income, but LVL 695,837 are received within the framework of
the Phare program. In 2002 the National Programme received LVL 573,900
from the state budget.
The State Language Centre (the main institution responsible for control
in the field of usage of the state language) will receive LVL 98,582
(approx. EUR 157,000), including LVL 4,400 as own income. In 2002 the
institution received LVL 99,500. It should be mentioned that the Centre
plans to check usage of the state language in 2,700 enterprises,
consider 700 complaints and elaborate 2 legislative acts.
The Naturalisation Board will receive LVL 702,234 (approx. EUR
1,115,000) instead of LVL 794,400 in 2002. The support is reduced,
because functions of the Board in the field of minority affairs will be
transferred to the Secretariat of the Minister for Special Task in the
Field of Integration Affairs since April 1. Besides that, the project on
creation of the computerised system of naturalisation process is
completed.
Ethnic cultural associations will receive traditional grants of LVL
3,624 (approx. EUR 5,750), but the Association of Ethnic Cultural
Associations LVL 2,499 (approx. EUR 3,950) for activities in January
March. After April 1, the Secretariat of the Minister for Special Task
in the Field of Integration Affairs will allocate financial support for
them from its budget. Traditional grant for the Roma National Cultural
Association (LVL 55,000 in 2002) will not be allocated this year -
apparently, because there is no Roma lobby in the new government,
contrary to the previous one (leader of one of the Roma associations,
N.Rudevics, was elected MP in the previous parliament on the list of
then ruling party "The Latvian Way". At the 2002 elections, "The Latvian
Way" did not overcome 5% electoral threshold and is not represented in
the current parliament).
The Secretariat of the Minister for Special Task in the Field of
Integration Affairs will receive LVL 1,340,593 (approx. EUR 2,128,000).
However, this sum includes LVL 1,148,900 for functions executed earlier
by other state institutions:
- LVL 41,200 for functions related to involvement of NGOs to
decision-making process;
- LVL 1,039,500 financial support for the projects within the
framework of the Phare program aimed at development of civil society in
Latvia;
- LVL 30,300 financial support for the programme "The Liv Coast"
(activities concerning the Liv minority autochthonous population of
Latvia, now accounts for only 200 individuals) since February 1;
- LVL 13,700 financial support for the Society Integration Department
(formerly in the Ministry of Justice);
- LVL 5,900 financial support for the Minority Affairs Department (now
the Minority Affairs Unit in the Naturalisation Board) after April 1;
- LVL 10,900 grants for ethnic cultural associations after April 1;
- LVL 7,500 grant for the Association of Ethnic Cultural Associations
after April 1.
Therefore, only approx. LVL 191,700 are allocated for the new functions
of the Secretariat.
The Society Integration Foundation will receive LVL 1,623,758 (approx.
EUR 2,577,000). This sum includes LVL 1,022,394 allocated by foreign
donors within the framework of the Phare program. At least LVL 291,000
from the Latvian state budget and LVL 647,060 from the Phare support
will be allocated for ethnic integration.
Amendments to the naturalisation regulations submitted
------------------------------------------------------
On February 6, the Ministry of Justice suggested to amend the
naturalisation regulations that could speed up the naturalisation
procedure. Now a person gives an oath (promise) to be loyal towards the
state after he/she had passed the naturalisation examinations; the
Ministry proposes to sign the promise immediately after all documents
necessary for naturalisation had been submitted. However, if a person
violates rules of naturalisation examination, he/she will not be able to
pass the examination again. In such cases a person has to submit new
naturalisation application that is possible not earlier than in one
year, according to the Citizenship Law ("Vechernyaya Riga" ("The Evening
Riga"), February 7, http://rus.delfi.lv/temp/vriga/vr03_07-02.pdf). The
amendments are to be adopted by the Cabinet of Ministers to come into
force.
Ethnicity record: excluded in one document, remains in others?
--------------------------------------------------------------
Due to intervention of the Minister for Special Task in the Field of
Integration Affairs Nils Muiznieks, the ethnicity record was excluded
from the Cabinet regulations on registration of the time of alternative
state service on February 4. The Ministry of Defence prepared the draft
regulations, where ethnicity record was to be included into the database
of persons, who conduct alternative state service instead of mandatory
military conscription. Minister for Defence Girts Valdis Kristovskis
claimed that each ethnic group has its own features, but agreed that the
paragraph on ethnicity record was to be excluded ("Vesti Segodnya" ("The
News Today"), February 6,
http://rus.delfi.lv/temp/vesti/vs_03_1075.pdf). Nils Muiznieks intends
to analyse all cases, where ethnicity record is required by legislative
acts.
Seminar on the Framework Convention for minority NGOs
-----------------------------------------------------
A seminar on the Framework Convention for the Protection of National
Minorities organised by the Information Centre of the Council of Europe
and Minority Affairs Unit of the Naturalisation Board took place on
February 7. 200 people, representing 34 minority organisations, gathered
to discuss provisions of the Framework Convention and its possible
ratification in Latvia. The seminar was held in both Latvian and
Russian, with predominance of the latter.
Director of the Information Centre of CoE Uldis Krastins stated, that
Latvia should ratify the Convention, which it signed in 1995. Nothing
will change substantially, when the Convention is ratified, but it can
be a good basis for making mutual understanding between Latvia's ethnic
groups better. Minister for Special Task in the Field of Integration
Affairs Nils Muiznieks stressed, that the Convention is rather weak
instrument, but useful mechanism to make society think about life and
feelings of minorities.
Professor of the Riga Graduate School of Law Ineta Ziemele touched upon
legal aspects of ratification of the Convention. She noted, that the
term "ethnic minority" is to be made clear, mentioning diverse examples
of international experience in this field. She noted, that the Advisory
Committee of FCNM, supervising implementation of the Convention by
Estonia, has made it clear that bilingual secondary education for
minorities is possible with 60% share of the stat language in studying
process. The same can be recommended to Latvia. Gita Feldhune, acting
director of the Institute of Human Rights (the University of Latvia),
stated that after the Convention is ratified, minority representatives
will be able to speak in their language and receive answer in it in
state and municipal institutions.
Representatives of minority NGOs mainly discussed the problems related
to use of languages. Mikhail Gavrilov (leader of the Russian Party
marginal political force, not represented in the Parliament) claimed
that Russian is to become the second state language, as, for example, in
Latgale Russians are not ethnic minority, but nation. Igor Pimenov
(Association for Support of Russian-Language Schools in Latvia) noted,
that the Latvian language is synonymous to independence for Latvians and
it is doubtful whether Russian as the second state language is needed
("Lauku Avize" ("The Rural Newspaper"), February 11).
Camp for illegal immigrants in Olaine
-------------------------------------
The Russian-language daily "Panorama Latvii" ("The Panorama of Latvia")
investigates the situation with illegal immigrants kept in the Olaine
camp (February 6,
http://www.panlat.lv/index.php?g=2003&m=02&d=06&w2=p&pub=010&w1=r&r=2).
There are 35 illegal immigrants living in the camp now. Most of them are
citizens of the former USSR from Lithuania, Ukraine, Belarus,
Azerbaijan, Georgia, Armenia. No residents of Africa or South Asia are
living in Olaine now.
Most of illegal immigrants have problems with their documents, as they
entered Latvia. Others, living in Latvia, did not have necessary stamps
in their documents, even if they are registered in the Population
Registry. As journalist notes, some 20,000 people in Latvia still failed
to exchange their old IDs and live with their Soviet passports. Thus,
they are potential residents of the Olaine camp, if they have not put
their registration number in their old Soviet passport. For example,
Karen Vaksanyan who has both family and property in the town of Jelgava,
became resident of the Olaine camp, because he had no his personal code
stamped in his documents, while receiving temporary residence permit in
1993 and having needed code in the Population Registry. Latvian
legislation contains provisions which make people wait for resolution of
their cases for years. As an example, Bashir Taldiyev, an old man,
fleeing from the conflict in Chechnya, was waiting for residence permit
more than 5 years.
Both persons with criminal record and lawful people with problems in
documents are placed in the camp. Administration has plans of dividing
the two groups in the future. Living conditions are not really good in
the camp. No employment is secured, no water and less food than in
prisons, according to regulations adopted by the government.
New articles on ethnic policy at politika.lv
--------------------------------------------
Dr. hist. Leo Dribins describes his view on changes to be made in
Latvian education reform (switch to Latvian as the language of
instruction in minority secondary schools scheduled for 2004) in the
article "New Aspects of Education Discussion"
(http://www.politika.lv/?id=105449&lang=lv). He sees the question of
minority education as one that can become an obstacle for integration in
Latvia. Positive rational solution is needed to secure both interests of
the Latvian nation-state and the rights of ethnic minorities. He does
not agree with ideas of Belgian researcher Alex Hansen, expressed
scientifically, and representatives of minorities, expressed more
straightforward. According to Alex Hansen, Latvia should move to
linguistic multiplicity, plurality and mixed identities. Latvia should
"lessen divisive influence of nationalism and ethnicity in society and
attach itself another national identity". This fits in the views of one
of Daugavpils' school directors, who suggested creation of multiethnic
schools in Latvia with youngsters of all ethnic backgrounds learning
together in Latvian, Russian and English. Latvia should abandon its
character of national state, which is the source of all nowadays
problems.
Dribins assumes, that as regenerated Latvian national state is one of
the prime values in the conscience of Latvian citizens, they would not
accept abandoning it. If any minority starts insisting on ignoring
national state concept, ethnic tensions will start. However, the policy
of national state should be cleared from ethnocratic influence, from
efforts of state ethnic homogenisation and anti-Europeanism, especially
in education policy. Persons belonging to minorities do make conclusion,
that Latvia is "an example of ethnocracy", based on isolated negative
examples, do not want to see prevalence of tolerance. Still, Dr. Dribins
thinks that the education reform now can be seen as an invitation to
self-assimilation. View of bilingualism as a "short transition" to
education in Latvian only is ethnocratic as well.
Dribins suggests to make amendments in education legislation, abandoning
all, that forms incorrect view of state education policy. The Ministry
of Education should clarify all definitions of the Education Law,
including 'bilingualism', and make official commentary of the Law.
Reform should be implemented in accordance with preparedness of teachers
to work bilingually.
Professor Ilga Apine notes in her article "Political Correctness"
(http://www.politika.lv/index.php?id=105378&lang=lv), that political
correctness is not seen as an important problem in Latvia. Latvian
newspapers speak about it ironically, always using "so-
called" etc. to describe events in this field in the USA or Canada.
Author mentions lots of cases, in which loss of political correctness in
Latvia is seen - naming one's ethnicity when speaking of criminal acts,
Romas being mostly vulnerable in these cases; racist advertising of the
Freedom Party (see Minority issues in Latvia, No. 53,
http://lists.delfi.lv/pipermail/minelres/2002-August/002234.html);
mentioning of ethnicity and religious confession of Aleksandrs Brandavs,
first nominee for position of the Minister for Integration; anti-Chechen
statements in Russian-language weekly "Subbota" ("Saturday") after
terror act in Moscow. Xenophobic (as a rule, Russophobic) statements are
common in readers' letters in all Latvian newspapers.
Political correctness is a step to tolerance, and Latvia should strive
for the first to achieve the second. Ethnic multiplicity incites
xenophobia anti-Arabism in France, Caucasophobia in Moscow. Political
correctness should be taught to the society. A step towards it is change
of ethnic democracy to the model of pluralist democracy. A further
liberalisation of Latvian ethnic policy is needed by ratifying the
Framework Convention and starting debate on non-citizens' voting rights
at municipal level. Latvia is a stable society, which can give more
rights to "others", who are part of Latvian society. This will be a good
basis for political correctness and tolerance in Latvia, professor Apine
concludes.
--------------
Compiled by:
Alexei Dimitrov
Tatyana Bogushevitch
Yuri Dubrovsky
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