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EU accession:
the Copenhagen political criteria in ten Central and East European countries
Minorities in Latvia
Legislation
Republic
of Latvia Laws and other Instruments Related to Human Rights (from:
Human Rights in Latvia)
Government
Organisations
Reports
The
Minelres Latvia page provides a comprehensive set of links to Latvian
human rights and minorities documents
Human
Rights in Latvia: Selected documents
International Helsinki Federation
Latvian Center for Human Rights
and Ethnic Studies:
Latvian Human Rights Committee
(F.I.D.H.):
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On
the situation with national minorities in Latvia, March 1999
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Main
HR Events in Latvia in 1996
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Minority
issues in Latvia No. 16, June 15, 2000
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Minority
issues in Latvia No. 15, May 19, 2000
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Minority
issues in Latvia No. 14, April 10, 2000
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Minority
issues in Latvia No.13, March 28, 2000
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Minority
issues in Latvia No. 12, February 8, 2000
CERD
- Concluding observations 1999
European Commission on Racism
and Intolerance (ECRI): First
Report (1997)
Amnesty
International reports on Latvia (2000)
US Department of State Human
Rights Report on Latvia:
Estonia
and Latvia: Citizenship, language and conflict prevention - A Special
Report by the Forced Migration Projects, 1997
Minorities at Risk project:
Russians in Latvia
Current
events in the Baltic States by 'Law Assembly'
EU from
the Regular Report on Latvia's Progress Towards Accession, 1999
The Parliament adopted the law
“on the status of stateless persons” in February 1999. Latvian accession
to the 1954 UN Convention relating to the status of stateless persons is
underway. The Parliament approved the law about this accession in September
1999.
The naturalisation
procedure
Of Latvia’s total population
of about 2.43 million, around 600,000 persons are non-citizens residents.
While Latvian citizenship had previously been rather difficult to obtain,
amendments to the Law on Citizenship entered into force in November 1998
following a referendum in October 1998. The previously existing “age windows”
system was thereby abolished and stateless children born in Latvia after
21 August 1991 became eligible for citizenship. Practically all non-citizens
residents in Latvia are now entitled to apply for citizenship.
Following the liberalisation
of the Citizenship Law, rapid increases in the numbers of requests for
naturalisation could be observed. In the first half of 1999, 7,756 persons
requested citizenship, compared with 2,094 applications received in the
first six months of 1998. In August 1999 alone, 1,148 applications were
received, and 1,265 candidates were granted citizenship, compared to 298
requests and 417 granted in August 1998. Since February 1995, a total of
25,717 persons have applied for naturalisation, and 18,089 of these have
been granted citizenship.
In addition to simplifying
the procedures to apply for naturalisation, the obligatory tests in Latvian
history have also been made easier by further reducing the number of questions
to 93 (310 in 1996) in accordance with recommendations made by the OSCE.
The naturalisation fees have been reduced for several groups of candidates,
and only roughly half of all candidates now pay the full fee. The pass
rate of the naturalisation test is about 95%. As an experiment, pupils
who passed the final school exam in Latvian language could apply to be
exempted from the naturalisation language test. Following the centralised
school exams on 1 June 1999, 2433 pupils participated in the unified test,
but given the lack of a legal basis for this procedure, the results could
not be considered. The Naturalisation Board and the Ministry of Education
and Science are also cooperating to explore whether the twelfth grade history
exam could be combined with the history/constitution text for naturalisation,
as it appears that the twelfth grade exams are more difficult than the
naturalisation tests. Eventually, the respective governmental regulations
would have to be changed to make this possible.
The major outstanding
problem in the first half of 1999 concerned the capacity of the Naturalisation
Board and its branches to receive and process the increasing numbers of
requests within the necessary time limits. Additional funding was thus
allocated to the Naturalisation Board in April and May 1999 by the Cabinet
of Ministers. In addition, computer equipment was made available with the
help of the Phare programme.
As concerns stateless
children, even though all children born after August 1991 are eligible
(around 19,000), the number of applications has remained low. Altogether,
95 children had been granted citizenship by the end of August 1999. This
is mostly because parents wish to naturalise at the same time as their
children.
Latvia now fulfils
all recommendations expressed by the OSCE in the area of citizenship and
naturalisation. However, it remains important to continue to distribute
information on the citizenship requirements, since surveys indicate that
many non-citizens are hesitant to apply for citizenship because of lack
of information on the procedures. The Latvian Naturalisation Board has,
with Phare-assistance, established an information centre to ensure wider
information on the requirements for obtaining Latvian citizenship.
Special passports for
non-citizens
The total number of
special passports printed since 10 April 1997 amounted to 468,738 by mid-September
1999, representing 78% of eligible non-citizens (compared to more than
40% by August 1998). The old Soviet passports will become invalid by 1
January 2000 and have to be exchanged for Latvian non-citizens’ passports.
It should, however, be noted that travelling to Russia is easier with a
non-citizen passports than with a Latvian passport.
Integration of minorities
A number of important
developments have taken place during the last year.
The framework document
of a National Programme for “The Integration of Society in Latvia”, which
had been approved by Cabinet of Ministers in September 1998, was widely
discussed in the country during a public hearing phase from March to May
1999. The initial document covered Education, Language, Culture, Citizenship
and Naturalisation, Repatriation, Migration and Cooperation with Latvians
abroad, Information, NGOs, Regional Aspects, Support for Integration-related
Research and Integration-related Institutions. This process, lead by a
Steering group created in February 1999 and chaired by the Head of the
Naturalisation Board, allowed for a large number of actors (officials,
academics, politicians, consultants, NGOs, representatives from international
organisations etc.) to voice their views and concerns, thus spurring a
public debate on this important issue. The Programme was revised based
on the comments received and re-submitted to the Cabinet at the beginning
of August. During the autumn, the programme itself will be elaborated and
submitted to the government by the end of year.
Since currently, about
43% of the population has a language other than Latvian as a first language,
language training will remain one of the key instruments for the integration
of the ethnic minorities in the years to come. Following a very successful
first phase (1996-1998), an agreement on the second phase of the National
Programme for Latvian Language Training was signed in December 1998. With
the continued support of a number of international donors, of which EU
Phare is the most important one, the programme has offered language courses
to teach Latvian and to train further trainers. More than 8500 persons
have benefited from the programme during the first half of 1999. The programme
also
includes activities to promote integration at the community level (summer
camps, youth clubs etc.) and the provision of modern teaching materials.
There is, however, still a significant shortage of language teachers, and
the Latvian government will have to earmark more funds for language training
in the coming years.
A new Education Law
was adopted in October 1998, and the government has started to adopt implementing
regulations. Schools with a language of instruction other than Latvian
had to chose one of the four bi-lingual teaching models by August 1999,
or, alternatively, suggest a genuine model, subject to approval. Teachers
at minority schools had to demonstrate a certain level of proficiency in
Latvian, or else be subject to dismissal. In a number of cases, falsified
language certificates were detected.
A Language Law was
adopted by the Parliament in July 1999. The Law was not promulgated by
the President following the concerns voiced by the OSCE, the Council of
Europe and the European Commission at several occasions during the first
half of 1999 as to the possible incompatibility of the text with international
and Community standards as enshrined by the Europe Agreement. The Law as
adopted does not sufficiently integrate standards of proportionality and
precision. It considers the mandatory use of the state language in the
private sector as being the rule and not the exception. Its provisions
are worded so broadly that they could impair the exercise of rights and
freedoms guaranteed under the Europe Agreement, such as for example the
exercise of business activities for enterprises from the European Union
(see below section on the four freedoms). Certain aspects of the Law are
left to regulatory acts to be approved by the Cabinet of Ministers, leading
to legal uncertainty as to the precise requirements the Law would impose.
The Law will be reconsidered by Parliamentary Committees following the
decision of the President in July 1999. The final adoption of the Law is
envisaged for 9 December 1999.
Linguistic restrictions
are also apparent in legislation other than the Language Law.
The Law on Television and
Radio holds that all films to be shown on television must be dubbed into
the state language or have Latvian subtitles. The amount of permitted time
to broadcast in foreign languages has been decreased from 30% previously
to 25% in October 1998. The election Law prescribes language requirements
for Members of Parliament.
Several other elements
limiting the integration of non-citizens still persist in the economic
sphere. Non-citizens are still not allowed to practise some professions
(lawyer, armed security guard and private detective) on the grounds of
state security and the government intends to review these in the year 2000.
1.3 General
evaluation
Latvia fulfils the Copenhagen
political criteria. Although significant progress has been achieved
in the integration of non-citizens it will be necessary to ensure that
the final text of the Language law is compatible with international
standards and the Europe Agreement. Areas which still need attention
are the strengthening of the judiciary and increasing its efficiency, the
fight against corruption and the promotion of Latvian language learning
among non-citizens.
Phare
A search on the Phare Search
Facility yields three programmes dealing with minorities in Latvia.
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Programme
to accelerate the integration of minority groups - LE 9902 (1999)
Objectives: The objectives
of the programme are to promote the integration of ethnic groups into Latvian
society, by strengthening the linguistic environment for students of minority
schools; increasing Latvian language proficiency among non-Latvian speaking
adults.
Budget: 0.5 Million
Euros
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Programme
to accelerate the integration of minority groups LE 9803 (1998)
Objectives: The objectives
of the programme are to promote the integration of different minorities
into Latvian society, by: facilitating the naturalisation process; enhancing
training in the Latvian language.
Budget: 0.5 Million
Euros
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Acquis
communautaire LE 9601 (1996)
Objectives: The programme
aims at many aspect of the acquis, including a component entitled "Language
training for minorities".
Budget: (minority
component) 0.5 million Euros
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