MINELRES: Minority issues in Latvia, No. 74

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Original sender: Tatyana Bogushevitch <minissues@delfi.lv>


Minority issues in Latvia, No. 74
Prepared by the Latvian Human Rights Committee (F.I.D.H.)
October 4, 2003

Content
- "Education reform 2004": schoolchildren appeal to PACE
- Recommendations by PACE: FCNM will be ratified?
- "A little bit" of xenophobia in Latvia's EU accession campaign
- Vandalism act on Jewish cemetery
- The Cabinet approves draft state budget: minority-related allocations
- Minority names' spelling: new regulations, old rules?
- The Cabinet adopts legal acts affecting minorities
- Representatives of the NATO Parliamentary Assembly visit Latvia
- Latvian-language and Russian-language press: divided they stand
- Latvian Centre for Human Rights and Ethnic Studies receives the 
Max van der Stoel Award


"Education reform 2004": schoolchildren appeal to PACE
------------------------------------------------------

A group of 25 Russian-speaking Latvian schoolchildren, who had won 
the competition of caricatures against the "education reform 2004", 
visited Strasbourg last week. The visit was organised by the 
Headquarter for the support of the Russian-language schools.

During the visit the schoolchildren visited the Parliamentary 
Assembly of the Council of Europe and the European Court of Human 
Rights, received information about monitoring mechanism of the 
Framework Convention for the Protection of National Minorities and 
European Charter for Regional and Minority Languages, met diplomats 
from Russia, Denmark and Switzerland. Participants also held a 
picket near the building of the Parliamentary Assembly to express 
their concerns about the reform. During the meeting with the children, 
the President of PACE Peter Schieder said that activities of the 
schoolchildren "fully comply not only with the letter of the European 
laws, but also with the spirit of the European freedom and democracy� 
("Telegraf" ("The Telegraph"), September 30, 
http://rus.delfi.lv/archive/article.php?id=6414828&ndate=1064869200&categoryID=2078302). 
This statement was seconded by the Secretary General of the Council of 
Europe Walter Schwimmer, who mentioned that Latvia should meet all the 
requirements of the Council of Europe in the field of minority
protection ("Vesti Segodnya" ("The News Today"), October 1,
http://rus.delfi.lv/temp/vesti/vs_03_1273.pdf). 

In the meantime, the EU Commissioner on Enlargement G�nter Verheugen 
pointed out in his response letter to MPACE from Russia Dmitry Rogozin 
that the education reform scheduled for 2004 in Latvia is in full 
conformity with the political criteria of the EU membership ("Diena" 
("The Day"), October 2).

The NGO LASHOR (Association for Support of Russian-language Schools 
in Latvia) has submitted more than 106,000 signatures collected 
during the protest actions against the reform. Minister for 
Education and Science Karlis Sadurskis pointed out that he will 
study the documents carefully, but will not be able to consider them 
official, as "the signatures are not certified by notaries". He also 
told that organisers of the action should collect signatures of 
citizens of Latvia in order to hold a referendum concerning the 
issue (according to the Constitution, signatures of 1/10 of all 
voters are necessary to start the procedure)("Chas" ("The Hour"), 
September 25). 

It should be mentioned that only 24.6% of the citizens 
belong to national minorities; and only 45.8% of persons belonging to 
minorities have the right to vote, as other are either non-citizens or 
citizens of foreign states (see data at 
http://www.np.gov.lv/index.php?en=fakti_en&saite=residents.htm). In 
our view, it is extremely dangerous to decide sensitive issues related 
to minority rights by formal vote, as in this case clear violation of 
the principle of effective participation of minorities - a core of 
modern approach to minority rights - will be inevitable. 


Recommendations by PACE: FCNM will be ratified?
-----------------------------------------------

The Parliamentary Assembly of the Council of Europe adopted 
Recommendation 1623(2003) "Rights of national minorities" (see at 
http://assembly.coe.int/Main.asp?link=http%3A%2F%2Fassembly.coe.int%2FDocuments%2FAdoptedText%2Fta03%2FEREC1623.htm). 
The recommendation was adopted after presentation of the report prepared 
by MPACE from Latvia Boris Tsilevich (Doc. 9862, see at 
http://assembly.coe.int/Main.asp?link=http%3A%2F%2Fassembly.coe.int%2FDocuments%2FWorkingDocs%2Fdoc03%2FEDOC9862.htm).

PACE, inter alia, called on member states who have signed but have 
not ratified the convention (including Latvia) "to swiftly ratify, 
without reservations/declarations, the Framework Convention for the 
Protection of National Minorities", as well as "to pay particular 
attention to the free use of national minorities' languages in areas 
where they live in substantial numbers" and "to ensure parliamentary 
representation of minorities". During his press-conference in Riga Mr 
Tsilevich mentioned that the persistent refusal to ratify FCNM could 
result in re-opening monitoring by the Council of Europe in respect of 
Latvia closed in January 2001 (see Minority issues in Latvia, No. 24, 
http://racoon.riga.lv/minelres/archive//02042001-20:31:58-6272.html) 
("Telegraf" ("The Telegraph"), October 3, 
http://rus.delfi.lv/news/press/telegraf/article.php?id=6446495).

Commenting the recommendation to ratify FCNM, Minister for Special 
Task in the Field of Integration Affairs Nils Muiznieks mentioned 
that he is going to start discussions about possible ratification, 
but ratification itself is a task for the Saeima (Parliament). The 
Minister also touched upon issues mentioned in the last Concluding 
Observations on Latvia by the UN Committee on the Elimination of 
Racial Discrimination (see Minority issues in Latvia, No. 72, 
http://lists.delfi.lv/pipermail/minelres/2003-September/002923.html). 
In his opinion, the recommendation to promote naturalisation and 
recommendations to grant voting rights at local elections for 
non-citizens and to reduce the list of occupations restricted to 
citizens are contradictory (the TV programme "Musu cilveks" ("Our 
Man"), October 1).

Our commentary

When the position of the Minister for Special Task in the Field of 
Integration Affairs had been created, we expressed our concern that 
the position could become the one for "external use" � the 
government needed a professional advocate of its ethnic policy. We 
believed that Mr Muiznieks was one, who really could defend not 
very popular steps in order to promote integration. Now it seems 
that he is ready to consider integration as a "zero-sum game": if 
the rights of non-citizens are broader, the naturalisation rate will 
become lower. In our view, such approach is very dangerous, as it 
could lead to total refusal to use positive measures in ethnic 
policy.


"A little bit" of xenophobia in Latvia's EU accession campaign 
--------------------------------------------------------------

On September 20 the citizens of Latvia supported joining the 
European Union. It means that on May 1, 2004 Latvia will become a 
full-fledged EU member state.

A week before the referendum the Latvian�language newspaper "Diena" 
("The Day", September 13) published an article by Aigars Kimenis 
concerning some aspects of Latvia's accession to the EU. Three arguments 
in favor of the accession were presented in the publication.

First of all, the author points out, the broadly used argument about 
immigrants flowing from Asia and Africa is not adequate for economic 
reasons. According to Mr Kimenis, refugees would rather choose countries 
with well-developed social systems like France or Germany. In turn,
those 
who live in Latvia and do not speak Latvian or "are not loyal towards
the 
state" will move to economically better-developed countries of the EU. 
Therefore, to the author's mind, the position of ethnic Latvians in
Latvia 
would improve rather than weaken after Latvia's joining the EU.

Second, worries about the Latvian language have no ground, for it 
will become one of the official languages of the EU. All the issues 
concerning it are and will remain within the remit of Latvia's internal 
policy. There will be no pressure from Brussels, for the EU has no 
say in such questions. After Latvia joins the EU, the government 
would not have to listen to international experts. As an example, Mr 
Kimenis mentions the debates upon ratification of the Framework 
Convention for the Protection of National Minorities, pointing out 
that France decided not to sign or ratify this document. The author 
stresses, that Latvian, as a language, would rather be endangered if 
Latvia does not join the EU, because the pressure from the Russian 
minority, demanding education in Russian and the status of the 
second state language for Russian, will increase. 

Third, Latvia will get stronger position in relations with Russia. 
Russia understands that it could never join the EU and will try to 
bargain better conditions for trade. Threatening with a veto on this 
kind of treaties in the EU institutions, Latvia can persuade Russia 
to solve the question of the border between these two countries, to 
give up its influence in internal affairs of Latvia and to stop the 
economic blackmail.

Our commentary

We find the words chosen by the ruling elite and by the PR companies 
to convince citizens of the EU necessity very unfortunate and 
symptomatic. 

The article of Mr Kimenis is just an illustration of xenophobic and 
nationalistic rhetoric used as a mean of persuasion of EU benefits. 
Two pecularities can be mentioned as regards the EU campaigning 
experience in Latvia (which is also true for Estonia). The first 
impression is that the main target group of the campaign the most 
nationalistically-minded and xenophobic part of ethnic Latvians. 
Thus, the main arguments were that never again Latvia will undertake 
any new obligations as regards human rights and protection of 
minorities, as well that minorities will stop harming the Latvian 
state trying to defend their interests. Besides, the politicians 
spent a lot of time and resources explaining why immigrants would 
rather choose another country and Latvia will stay if not ethnically 
pure than at least racially homogeneous. The Russian-speaking 
minority was not addressed at all.

The second peculiarity is that during the campaign the argument 
of "going away from the Russian threat" was used very broadly. Maps 
where all the countries eastward from Latvia (including Belarus, 
Ukraine, Russia and all the other CIS Republics) were red while 
Western countries were blue, radio spots where Latvians answering 
the questions about the EU benefits told about the permanent threat 
coming from the East and numerous other examples can be mentioned.   

The main conclusion that can be drawn from the campaign is that when 
important decisions are to be made, the political elite addresses 
only the Latvian-language part of the society. Besides, it perceives 
this part as being very exclusionist and narrow-minded. Xenophobic 
arguments do contribute to promotion of xenophobia within the 
society. Yet it is only regrettable, that this is considered to be 
the only legitimate motivation of joining the EU. We believe that 
the pro-EU campaign in Latvia was the main reason, why regions 
inhabited predominantly by Russian-speakers were much more 
"eurosceptical" than others (see article by Janis Ikstens at 
http://www.politika.lv/index.php?id=107290&lang=lv).


Vandalism act on Jewish cemetery
--------------------------------

Riga New Jewish cemetery became the target of vandalism by five 
youngsters in the night on September 13. About forty tombs were 
painted with swastikas and insulting anti-Semitic slogans in 
Latvian, Russian and German. Accidentally, the demolition took place 
prior to both visit of the speaker of Israeli Knesset and Latvia's 
EU referendum, which made some observers think of it as a 
provocation. However, the police authorities believe that it was 
just a hooliganism.

The act of vandalism was condemned by Latvian establishment. Latvian 
police was unusually quick in finding criminals after Latvia's 
Jewish community issued a statement recognizing certain problems in 
the state institutions, when tackling anti-Semitic criminal acts. 
Latvian Jewish community had connected event to both referendum, visit 
of Israeli speaker and conference "Jews in Changing World" ("Telegraf" 
("The Telegraph"), September 15,
http://rus.delfi.lv/archive/index.php?id=6267172).

Commenting on the act, columnist Maris Antonevics from "Lauku Avize" 
("The Rural Newspaper") noted, that not only Jewish cemeteries are 
vandalized, mentioning three cases of Christian cemeteries 
vandalized since 2000. He notes, that it is rather hard to find 
criminals in such cases and notices, that none of them had made 
Latvian government to act. However, Latvia had always condemned anti-
Semitic crimes. "It is very unpleasant to write in light of this 
situation, that representatives of Israel had just acted contrary: 
had supported criminal act � assassination of the Palestinian leader 
Yassir Arafat - in public", Mr Antonevics states ("Lauku Avize" ("The 
Rural Newspaper"), September 16).

Speaker of the Israeli Knesset Reuven Rivlin during his visit to 
Latvia participated in the conference "Jews in Changing World", as 
well as held a speech in the Saeima (Parliament). During his speech 
he, inter alia, reminded about the Holocaust and mentioned that 
activities of former soldiers of the Waffen SS legion should not be 
supported. Some right-wing Latvian MPs were shocked that Mr Rivlin 
had refused to attend the Occupation Museum and insisted that the 
Protocol Unit of the Ministry of Foreign Affairs should not make such 
a "mistake" in future. 

Some days later the memorial to soldiers of the Latvian Waffen SS 
legion was opened in the village of Lestene. Some members of the 
government, MPs and leadership of the National Armed Forces attended 
the event. It was also live broadcasted by the public television.

Our commentary

Mr Antonevics undoubtedly has the right to criticize Israeli 
government for its policy in Palestine, still his concluding thought 
seems to be clearly anti-Zionist and contradicts his condemnation of 
the act of vandalism. Apparently, in the atmosphere of widespread
xenophobia among the residents of Latvia belonging to any community, 
reluctance of the state to investigate incidents of hate-speech is 
perceived as not worth considering. However, it should be kept in mind 
that although tolerance is not an essential prerequisite for democracy, 
but intolerance can be the gravedigger of democracy.


The Cabinet approves the state budget: minority-related allocations
-------------------------------------------------------------------

The Cabinet of Ministers approved the draft state budget for year 
2004 on September 29, but the Saeima passed the draft to committees 
on October 2. As well as for this year (see Minority issues in 
Latvia, No. 63, 
http://lists.delfi.lv/pipermail/minelres/2003-February/002580.html), 
hereinafter we analyse items of the budget related to language and 
minority issues (for detailed information in Latvian download from 
http://www.mk.gov.lv/index.php/files/5/6871.zip). Almost all 
allocations (not only in this field) are reduced for economy 
reasons. 

The President's Commission on the State Language will receive LVL 
44,844 (approx. EUR 69,200) instead of LVL 47,900 in 2003 (expenses 
for conferences are reduced). 

The National Programme for Latvian Language Training will receive 
LVL 819,433 (approx. EUR 1,264,560), where LVL 391,685 are allocated 
from the budget income, but LVL 427,748 are received within the 
framework of the PHARE programme. In 2003 the National Programme 
received LVL 418,700 from the state budget and LVL 693,900 from 
PHARE. It should be mentioned that in 2004 the Programme will not 
have its own income, foreign help will be reduced, as well as LVL 
27,000 will be used for education of the Latvian diaspora in Russia.

The Ministry of Education and Science will receive LVL 167,629 
(approx. EUR 258,690) for development of the state language (compare 
to LVL 157,900 in 2003). LVL 97,629 are allocated for activities of 
the State Language Agency, remaining LVL 70,000 are allocated for 14 
different language projects.

The Association of Ethnic Cultural Associations will receive 
traditional grant of LVL 10,000 (approx. EUR 15,430) from the budget 
of the Ministry of Culture (instead of the Secretariat of the 
Minister for Special Task in the Field of Integration Affairs).

The State Language Centre (the main institution responsible for 
control in the field of usage of the state language) will receive 
LVL 90,112 (approx. EUR 139,060), including LVL 4,400 as own income. 
In 2003 the institution received LVL 102,200. 

The Naturalisation Board will receive LVL 677,821 (approx. EUR 
1,046,020) instead of LVL 752,200 in 2003. The support for the 
Latvian language courses free of charge for naturalisation 
applicants (LVL 50,000) will not be received; however, the Board 
will receive additional LVL 20,000 for regional branches.

The Secretariat of the Minister for Special Task in the Field of 
Integration Affairs will receive LVL 498,057 (approx. EUR 768,610) 
instead of LVL 1,331,800 in 2003. The allocation is reduced, as the 
grant for the Association of Ethnic Cultural Associations of LVL 
10,000 will be paid by the Ministry of Culture; other grants for 
ethnic cultural NGOs are reduced for economy reasons; foreign help 
within the framework of the PHARE program is reduced (LVL 159,600 
instead of LVL 1,039,500 in 2003).

The Society Integration Foundation will receive LVL 2,450,333 
(approx. EUR 3,781,380) instead of LVL 1,623,800. This sum includes 
LVL 1,553,952 allocated by foreign donors within the framework of 
the PHARE program. 


Minority names� spelling: new regulations, old rules?
-----------------------------------------------------

The Ministry of Justice suggested new draft Regulations on personal 
names' spelling. The draft is to be adopted by the Cabinet.

According to the Law on IDs, 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 necessity to adopt new Regulations is caused by judgment of the 
Constitutional Court 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.minelres.lv/NationalLegislation/Latvia/Latvia_ConstCourt2001_English.htm).

The Constitutional Court ruled that the practice of "Latvianization" 
of personal names and surnames is in compliance with the 
Constitution. In the meantime, the Court recognised the so-called 
"equalisation" unconstitutional, if a person does not wish it. The 
legislation in force provided that "equalisation" (changing the 
personal name according to modern grammar of the Latvian language) 
can be used even if the personal name is already "Latvianized" and 
written in the passport. In fact, the Court pointed out that the 
personal name can be "Latvianized" only once.

The draft does not review linguistic norms � still Latvian-language 
endings are to be annexed to minority names, but some consonants 
cannot be dubbed. The draft Regulations, as well as the judgment, 
provide that "equalisation" can be used repeatedly, but only with 
the consent of the concerned person. 

In the meantime, 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 for 
further developments in this field.


The Cabinet adopts legal acts affecting minorities
--------------------------------------------------

On September 23, the Cabinet of Ministers endorsed the draft Law on 
Stateless Persons. The Law is to be adopted by the Saeima (Parliament) 
in order to come into force.

The main difference between the draft and the Law currently in force 
is that the latter stipulates criteria of legal residence on the 
territory of Latvia for persons wishing to obtain a status of 
stateless persons. This criteria is not maintained in the draft � a 
person may receive the status, if no state recognises him/her as its 
citizen or guarantees its citizenship. The stateless person is 
entitled to receive a travel document in Latvia ("Vesti Segodnya" 
("The News Today"), September 16, 
http://rus.delfi.lv/archive/article.php?id=6278768&ndate=1063659600&categoryID=3513828). 

The Cabinet also adopted amendments to the Regulations on 
naturalisation fee (see Minority issues in Latvia, No. 71, 
http://lists.delfi.lv/pipermail/minelres/2003-August/002884.html) 
on September 16. The state fee is reduced for pensioners, disabled 
persons of the 2nd and 3rd category, schoolchildren and full-time 
students from previous LVL 10 (approx. EUR 15.4) to LVL 3 (approx. 
EUR 4.6) ("Chas" ("The Hour"), September 17). 


Representatives of the NATO Parliamentary Assembly visit Latvia
---------------------------------------------------------------

Representatives of the Parliamentary Assembly of NATO visited Latvia 
to investigate situation concerning protection of ethnic minorities. 
The visit was initiated after the report presented to NATO PA 
by vice-president of the Russia's State Duma Lyubov Sliska in May 
2003. 

Head of the Naturalisation Board Eizenija Aldermane, who was invited 
for consultations to the parliamentary committee on education, 
science and culture, stated that Sliska's report is political in 
nature, containing some advice that are already implemented - for 
example, information campaigns for non-citizens and assistance in 
learning Latvian. Chair of the parliamentary committee on foreign 
affairs Inese Vaidere (nationalistic ruling party "For Fatherland and 
Freedom"/LNNK) saw no important arguments in Sliska's report and 
connected it with forthcoming Duma elections. She said that was 
pleased by interest of foreign parliamentarians in Latvia, while 
mentioning, that all international institutions had evaluated Latvia's 
situation as having no reason for concern.

Representatives of NATO PA met Minister for Education Karlis 
Sadurskis, Minister for Special Task in the Field of Integration 
Affairs Nils Muiznieks and other governmental organisations, as well 
as minority schools in Riga. They will prepare a report on the 
visit, but it will not be considered officially ("Lauku Avize" 
("The Rural Newspaper"), September 24). 

In the meantime, some Russian-language media claimed that the MATO PA 
delegation, contrary to previous common practice, was not offered a 
chance to meet minority or human rights NGOs.


Latvian-language and Russian-language press: divided they stand
---------------------------------------------------------------

The public policy portal www.politika.lv has published an article 
written by Sergey Kruk named "Small ornery nation and big ornery 
minority" (http://www.politika.lv/index.php?id=107295&lang=lv). The 
author tries to find out whether the content of the Russian-language 
press allows to draw conclusions about the structure of the non-
Latvian community. 

As Mr Kruk points out, the results of the referendum, showing the 
low level of eurooptimism among non-Latvians, revitalized 
discussions about negative influence of the Russian-language press 
upon public opinion. Yet, the author does not agree with this 
argument. Dr Kruk also disclaims the argument that the press shapes 
public opinion and not vice versa. To prove it, the author points 
to the failure of the attempts to create an independent discussion 
forum that would not repeat the Russian-language newspaper discourse. 

The author stresses that the non-Latvian press as well as non-
Latvian part of society itself, is not homogeneous. Yet, the Latvian-
language press does not comprehend this diversity, emphasising the 
issue of ethnic identity. "A Russian is supposed to master 
balalaika, because ethnic identity is considered to be the basis of 
social identification. Even naturalised, he becomes a "new citizen", 
different by definition and still amateurish. Yet, Russians do not 
have any specific interests that would promote their social 
solidarity... Ethnic origin becomes an instrument for manipulation. 
This is to say, that if their interests [interests of non-Latvians � 
ed.] contradict the interests of the ruling elite, than the opinion 
holder is defined in ethnic terms and excluded from politics as a 
hostile alien", remarks Mr Kruk. Yet, he stresses, if the interests 
coincide, than the ethnic factor is not discussed; only misconduct 
of Russians remains in reminder.       

Relating this to the education reform issue, Dr Kruk underlines, 
that this problem "has already become a question of defining power 
and demonstrating insistence... It has nothing to do with solving 
the education problem". The author concludes his analysis with the 
statement that "while the Latvian-language press seems to serve 
political and economic elite, it seems that the Russian-language 
press has no such client. Thus, its populist orientation is an 
attempt to address the depoliticised auditoria as a consumer".


Latvian Centre for Human Rights and Ethnic Studies receives the Max 
-------------------------------------------------------------------
van der Stoel Award
-------------------

The Latvian Centre for Human Rights and Ethnic Studies has received 
the Max van der Stoel Award for its activities in the field of 
normalisation of interethnic relations. The Award was founded by the 
Minister for Foreign Affairs of the Netherlands two years ago. Now 
it is handed for the first time ever.

We congratulate our colleagues from the Centre and its director Ilze 
Brands-Kehris, as well as former director Nils Muiznieks. We believe 
that the activities of the Centre could be a good example of a very 
professional work in the field of promoting human rights.

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

Tatyana Bogushevitch
Yuri Dubrovsky
Gennady Kotov
Alyona Babitch
Milada Fomina
Milana Fomina
Alexander Kiselyov

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