Latvia

The first set of Regulations on the implementation of the State Language Law, which was proposed by the Ministry of Justice of Latvia, was disapproved.

Representatives of national minorities were not included into the governmental working groups in charge of the preparation of these Regulations.

These regulations provided the right of inspectors of the State Language Center to visit all public and private institutions, business enterprises and Non Governmental Organizations (NGOs). Inspectors also have the right to invite all persons for the Latvian language command examination to the Center, and to annul certificates of the state language knowledge even if a person received it in full accordance with the procedure anticipated by law.

They envisaged six categories of the state language knowledge instead of the existing three categories. The highest category required that a person must know Latvian at the level “equal to mother tongue”, including phraseology and dialectics. This category was necessary, for example, for members of all elected bodies including municipal councils (also in villages). This also applies to the heads of state institutions, rectors and deans of higher educational institutions, philosophers, historians, editors, secretaries, barristers, notaries, prosecutors and judges. This level included even chairpersons of political parties and NGOs, which is clearly in contradiction with the declared respect for freedom of language usage in private sphere. Tentatively it means all these positions and professions will be reserved for Latvian native-speakers only, and persons belonging to national minorities, if their mother tongue is not Latvian, will not be able to work in these professions.

Public events, organized by private persons, enterprises or associations, must be translated into the state language if:

However, the Ministry was forced to re-write these regulations after a wave of criticism from the Organization for Security and Cooperation in Europe (OSCE), the Latvian National Human Rights Office and several public protests. The highest category now does not require that a person must know Latvian at a level “equal to mother tongue”, but requires ability to “hold a conversation in different styles” and to use different “means of linguistic expression". This category now is not required for media staff, but on the other hand, is made mandatory for all lawyers (in the previous version, only barristers, notaries, prosecutors and judges were mentioned). If the state language proficiency certificate is lost or stolen, it can be renewed during the next 6 months after the examination. If it is lost or stolen later, a person must pass the examination again.

Max van der Stoel (OSCE High Commissioner on National Minorities) recommended six drafts out of nine be re-worked yet again. According to the latest information from Latvia's media, the recommendations of the High Commissioner were taken into account only to a limited extent. The six categories, the requirements for personal names' Latvianization and transliteration, together with several other doubtful provisions will remain in the draft. On the other hand, some requirements have been amended or suspended (in particular, NGO leaders will not be required to possess the highest category of fluency; lost state language proficiency certificates can be renewed for one year after the examination, instead of 6 months).

The Regulations on the implementation of the State Language Law were finally adopted on August 22, 2000 by the Cabinet of Ministers. These regulations came into force on September 1, 2000, along with the State Language Law.

The final version of the Regulations has been liberalized. This is so particularly in the private sphere, where an employer may determine the necessary level of the state language knowledge for employees in his/her business enterprise. If the state language proficiency certificate is lost or stolen, it can be renewed anytime within the year following the examination. The Regulations do not provide inspectors of the State Language Center with the right to annul the state language proficiency certificate. Private persons, enterprises or associations, international institutions, when organizing public events, must translate into the state language only information which relates to legitimate public interests, as well as information about the event. Thus, theatre performances, concerts, circus shows, opera, ballet and pantomime must not be necessarily translated, contrary to the initial draft version of the regulations. Private institutions, enterprises and NGOs now have the right publicly to display information in other languages with the state language.

The Regulations still prescribe “Latvianization” of personal names in documents. Although personal names in historical or original form can be written, by Latin letters only, along with the Latvianized name, usage of Cyrillic or other script is prohibited.

The most painful of the new rules, regarding state correspondence, was not softened in any way by the new regulations. This being the explicit prohibition for all state, municipal, and judicial institutions to accept and consider any applications or complaints from private persons if they are not written in the state language, except for very few emergency cases. The language requirements for employees of such institutions remain rather unclear.

In the year 2000 both Latvia and Estonia were criticized by the European Parliament because of their controversial language legislation. Some of the criticism was specifically aimed at undermining so-called administrative “latvianization”, such as the official recognition of Latvian names and surnames, which, according to the OSCE, would not meet the Council of Europe's Framework Convention for the Protection of National Minorities.

The new State Language Law gives Latvian a status of the sole language and due to the modifications from September 2000 prohibits official communication with state or municipal authorities in any other languages. According to Mr Tsilevich (a member of Parliament), the situation with minority language use has improved but the prohibition of the use of minority languages with authorities is still a crucial problem.

At the beginning of this year the Council of Europe monitoring Latvia announced that the country has made a substantial progress in fulfilling obligations it undertook when had become a member of the Council in 1995.

Minority and language issues were essential in the monitoring particularly the situation with the large Russian minority.

Dialogue with non-Latvian speakers about introduction of Latvian as a sole language of instructions in secondary schools by 2004 was emphasized.

The changes in the State Language Law contributed to relieving the tension in the country.

On June 14, 2001 the Parliament amended the Administrative Violations Code to envisage fines for eleven different violations related to language policy:

Some provisions are vague and therefore open to varying interpretations. For several of the violations, the size of the fines is up to 250 LVL (~USD 400).

At the end of the year 2001 the governmental working group elaborated amendments to the language regulations concerning procedure of the state language proficiency examinations held by the State Language Center. On November 6, 2001 the Cabinet of Ministers adopted these amendments.

According to the amendments, the State Language Center officials (language inspectors) will have only the right to inspect the authenticity of the state language proficiency certificate. In other words, they can check the validity of the documents but cannot require additional examination for their holders any longer.

Besides that, the new amendments provide for the opportunity to renew lost or destroyed certificates beyond the previous one-year time limit.

The pro-minority faction “For Human Rights of United Latvia” welcomed adoption of the amendments, but it believes, that the language requirements for deputy candidates (they must produce certificate of the highest (“3B”) level of the state language proficiency to be registered by the Election Commission) must be abolished under the UN Human Rights Committee's Views. The Saeima rejected such amendments to the electoral laws proposed by “HRUL” on October 23, 2001.

Article 18 will be supplemented with the provision that every MP is obliged to swear or to give a promise “to be loyal towards Latvia, strengthen its sovereignty and the Latvian language as the sole state language, defend Latvia as an independent and democratic state, fulfill his/her duties in good faith, observe the Constitution and the laws.” The Parliament's Legal department Office (a body responsible for legal analysis of the submitted draft laws) proposed to exclude words about Latvian as the sole state language, referring to a private letter from the unnamed OSCE expert, but the Saeima declined this proposal (“Chas” (The Hour), April 24, http://www.chas-daily.com/win/2002/04/24/l_022.html).

Article 101 will provide that “full-fledged citizens of Latvia elect local governments” and “the working language of local governments is Latvian.”

Article 104 (provides the right to address submissions to State or local government institutions and to receive a materially responsive reply) will be supplemented with the provision that “everybody has the right to receive answer in Latvian” (“Diena,” April 25; “Chas,” 25, http://www.chas-daily.com/win/2002/04/25/l_044.html).

The debate on this issue has started since October 2001 when the Saeima (Parliament) of Latvia rejected amendments to the laws on parliamentary and local elections proposed by the pro-minority faction “For Human Rights in United Latvia.”

According to the legislation then in force, all citizens of Latvia, who received education in other languages than Latvian, had to produce certificate of the highest (3B) level of the state language proficiency in order to be registered as candidates, otherwise he/she were struck off from the electoral list.

On December 6, 2001 the President of Latvia Vaira Vike–Freiberga invited a group of experts from the Ministry of Justice and Ministry of Foreign Affairs, National Human Rights Office, University of Latvia, Saeima (Parliament), State Language Center, and other governmental and non-governmental organizations to discuss some topical problems concerning the language legislation and policy in Latvia.

In her speech, the President touched upon the problem of the personal names' spelling (the legislation provided that personal names and surnames must be written in documents according to the grammar of the Latvian language and the original form of the personal name in Latin transliteration can be used on some other page in the ID); however, the main issue discussed during the meeting was the language requirements for deputy candidates.

In the President's view, these requirements could be contrary to five articles of the Constitution and the provisions of the European Convention of Human Rights. The President said, “those people whose native language is, for example, Russian, are discriminated to some extent by this requirement of the Election Law, as they did not master the Latvian language in family from childhood, and now they are put in the situation of inequality.” The President also mentioned that Latvia is the only European state where such restrictions exist, after Estonia had abolished similar requirements in its electoral legislation.

After the second meeting of the group of experts they reported its preliminary conclusion: the language requirements for deputy candidates can be abolished, because there are legislative provisions for the protection of the state language in public sphere.

Although abolition of the state language requirements for deputy candidates was strictly recommended by the OSCE, it was not clear whether this initiative - if officially proposed by the President as a bill - will be supported by the majority of the parliament. At the beginning the parties representing about 2/3 of MPs clearly spoke out against the amendments.

On January 7, 2002 the group supported the proposal to officially declare the Latvian language as the sole working language in municipalities (no exceptions are envisaged even for localities overwhelmingly populated by linguistic minorities). The representative of the State Language Center, Maris Birzulis, who was invited to the experts' meeting, stressed the hardships the Center with monitoring the implementation of the State Language Law. Only 12 state language inspectors are employed in the Center. It needs approx. 400,000 Lats (EUR 715,000) per year to control usage of the state language and to carry out other activities. At present, the Center's budget is 144,700 Lats (EUR 258,000) per year (the newspaper “Diena” (The Day), January 8).

On January 17, after the next meeting with the group of experts, the President declared that she was ready to submit the amendments to the election legislation aimed at abolishing the state language requirements for deputy candidates. On January 21, she discussed these amendments with the representatives of all parliamentary factions.

On January 9, the President had a meeting with another group of experts, which included linguists, artists, and politicians. The state language policy in Latvia and measures for the protection of the state language were discussed. Following this meeting, the President decided to establish a standing Commission on the State Language. Official decision on the creation of the Commission was signed by the President and Prime Minister Andris Berzinsh on January 16. The Commission's main task is to elaborate guidelines of the Latvian language policy for the next three years (TV program “Panorama,” January 9, http://www.latnet.lv/onlinetv/tv1/index.php?id=855533).

On January 17, Mara Zalite, famous poetess and newly appointed chairperson of the Commission on State Language, spoke out in favor of removing the language requirements from the election legislation. In Ms. Zalite's view, “keeping these requirements (in law) will cause more damage than their abolition. International organizations Latvia strives to accede to, demand abolition of these requirements, and if Latvia fails to follow these recommendations, it runs risk to be left outside.” (http://www.rus.delfi.lv/news/daily/latvia/article.php?id=2491551).

On April 16, the Prime Minister Andris Berzinsh asked ruling coalition to start discussions on the amendments to election legislation aimed at abolition of the state language requirements for deputy candidates, as soon as amendments to the Constitution strengthening status of the state language are adopted. After receiving a negative answer from the leader of the radical nationalistic party “For Fatherland and Freedom” M. Grinblats, Prime Minister asked party's Minister for Defense Girts V. Kristovskis to give his opinion on possible changes in the election legislation, which “could affect positively Latvia's relations with NATO.” On April 22, the Minister supported amendments to the election legislation (“Diena” (The Day), April 23).

After the adoption of the amendments to the Constitution (April 30, 2002), the amendments to the election legislation were finally adopted on 9 May by a vote of 67 to 13, with four abstentions. Similar amendments to the local council election law were passed by a vote of 71 to 13, with three abstentions. The negative votes were cast by deputies of the conservative party For Fatherland and Freedom/LNNK and the Union of Social Democrats. OSCE High Commissioner on National Minorities Rolf Ekeus and the U.S. government immediately welcomed the passage of the amendments.

Regrettably, minority organizations feel that these amendments will be adopted only under pressure of NATO in order to become a member of this organization.

On May 23, 2002 the Saeima adopted the Law on Passports and Identification Cards. Latvian residents will be able to receive the passports of the new format only after September 1, 2002 instead of the earlier scheduled date July 1, 2002. (Diena)

Newspaper Chas stresses that it will be up to a holder of the new passport to provide information about his/her nationality (ethnic origin). The newspaper notes that in a couple of years ID cards will be the main documents of all residents of Latvia who have reached the age of 16.

On May 30 the Saeima accepted in the first reading the draft amendments to the Law on Local Governments. The draft amendments are developed by the Saeima Committee on State and Local Government Administration and stipulate that “the working language in local governments, institutions and organizations founded by local governments shall be the Latvian language.”

On June 6, 2002 the Saeima in the final reading reviewed amendments to the Law on Local Governments, which stipulates that “the working language in local governments and their institutions shall be the Latvian language.” The Saeima rejected the proposal of FF/LNNK to dismiss a council if it does not observe the provision about the working language of local governments. (“Diena,” “Vechernaya Riga”)

On June 7 the Saeima rejected the proposal of FHRUL to amend the Rules of Order of the Saeima. FHRUL proposed to lift the norm stipulating that the mandate of an MP should be annulled if his/her state language skills are not sufficient. (Panorama Latvii)

The Department of Citizenship and Migration started to issue a new form of citizen and non-citizen passports as of July 1, and not as of September 1, as reported before.

LAW ON THE STATUS OF FORMER CITIZENS OF THE USSR WHO ARE NOT CITIZENS OF LATVIA OR ANY OTHER STATE (STATUS LAW)

The adoption of the Law on the Status of Former Citizens of the USSR who are not Citizens of Latvia or Any Other State (Status Law) in April 1995 provided a unique form of legal status (that of “non-citizen”) for permanent residents without citizenship. The Status Law legalized the continued residence of Latvia's post-1992 “non-citizens” and defined their basic rights and obligations. However, according to this law, which remains in force, non-citizens are neither citizens nor foreigners nor stateless so it established special non-citizens passports for them (Article 3). The situation worsened for some non-citizens in August 1998 with new amendments retrospectively disqualifying anyone registered as a permanent resident in any former USSR country at any time after July 1, 1992. This norm led to the emergence of a group of “illegals,” persons who can neither legalize their status in Latvia, nor can be deported, creating as yet an unresolved legislative conundrum.¹

In September 2000, the Status Law was amended to allow a non-citizen status to be rescinded by decision of the Department of Citizenship and Migration Affairs. However, such decision may be appealed and is suspended until the court has ruled.

A number of laws and secondary legislation reserve certain rights and opportunities to citizens only, such as the right to participate in national and local elections and to form political parties. Other laws restrict non-citizens' property rights, the right to work in a number of professions, both in the state and the private sector, and the right to receive social and other benefits. A 1996 analysis of such restrictions concluded that ten were contrary to both the Latvian Constitution and the International Covenant on Civil and Political Rights (ICCPR), which Latvia has ratified. Since then, only five of the restrictions have been rescinded, but new restrictions have been introduced.² These gaps persist despite criticism by the European Commission.

By April 2001, more than 20,000 non-citizens had not yet exchanged their old Soviet passports for Latvian non-citizens identification documents.

Source: http://www.eumap.org/reports/content/10/428/minority_latvia.pdf, The EU Accession Monitoring Program Report on Minority Protection, Open Society Institute 2001

¹ As these people lack citizenship of any state, there are no agreements under which Latvia can deport them elsewhere. The Law on Entry and Residence of Foreigners and Stateless into the Republic of Latvia (adopted on June 9, 1992) does not specify were persons should be deported to. The Law on the Status of Stateless Persons (adopted in February, 1999) is not applicable to these persons, because it deals specifically with those who entered Latvia legally and do not have citizenship in any state.

² For example, non-citizens are not allowed to work as a head of security firm or to study in some education establishments; neither are they eligible for licenses for air transportation abroad, protection of investments abroad, and avoidance of double taxation with other states.

In 1991, the 1922 Constitution was re-established and since 1998 it has included the article that Latvian is the official language of the state. In 1989, the first Language Law, aimed to re-establish lost sociolinguistic functions of Latvian, was adopted (amendments in 1992). This pre-independence language law had been drafted by a special governmental commission including linguists, governmental officials, writers, and layers.

After many investigations of language policies all over the world, the Canadian linguistic legislation, because of the certain similarity, became one of the cornerstones for Latvia. French in Quebec as well as Latvian, Lithuanian and Estonian in the former USSR were “regional majority languages.” People using these languages, though constituted the majority in its historical territory, were minorities at the national level.

The goal of language policy was to change language hierarchy in the public life. The idea of bilingual state was completely rejected. However, the first law did not correspond to the concept of the monolingual state, as Russian still had the official status in a number of spheres. Though Latvian was the sole state language, the parallel use of Russian in the majority of the sociolinguistic functions was allowed. Access to services in Russian, for those who did not speak the state language, was guaranteed.

Full implementation of the 1989 Language Law was postponed and a decree specifying its implementation was issued. There was a three-year transition period during which state employees lacking Latvian language skills could acquire them. In almost all work places Latvian classes were organized free of charge during working hours. Nevertheless, the implementation of the 1989 Language Law was hampered by the unstable political situation during the period 1989-1991.

In August 1991, the Republic of Latvia proclaimed its sovereignty. The Language Law was simultaneously revised to strengthen the status of the state language. In 1992, amendments were made to the 1989 Language Law.

In 1999, a new Law on State Language was adopted in Latvia. This law is much more liberal than 1989 and 1992 law and it is still in force. The purpose of the present law is to preserve, protect and develop the Latvian language, to integrate national minorities into the Latvian society while observing their right to use their mother tongue or any other language.

Currently two intertwining processes take place in Latvia - the integration of the society in Latvia and the integration of Latvia into the European Union. Therefore, the language planning strategy proceeds from the following principles:

1) The official language is both a symbol of the state and an instrument for integration of society. To learn and use Latvian is one of the main factors, which ensure stability of a multilingual state.

2) To ensure all inhabitants of Latvia the possibility to study and to use the Latvian language in order to promote the integration of the society

4) To ensure the possibility to study foreign languages in order to stimulate readiness for communication in a foreign language and integration into European structures.

Source: World Congress on Language Policies, Barcelona, April 16-20, 2002, “Language Policy and Protection of the State Language in Latvia,” by Prof. Dr. Ina Druviete from University of Latvia,

On August 27, 2002 the Cabinet of Ministers amended the Law on Radio and Television. The new amendments stipulate that the National Radio and Television Council is entitled to impose fines on radio stations for violating the law directly, without going through long court procedures as it had been until now.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, August 28, 2002

On September 12, 2002 the Saeima adopted a new Fire Safety and Fire-Fighting Law in the second reading. According to the law, all firemen will become civil servants so only citizens of the Republic of Latvia will have the right to work in this profession.

A similar provision was already included in the Law on Fire Safety being in force in December 1994. However, this provision was abolished in January 1997, following persistent recommendations of the OSCE High Commissioner on National Minorities, as well as conclusions of the National Human Rights office. Currently the restrictions for non-citizens are going to be restored.

Source: Chas, September 2002, Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies

One of the top priorities of a new government is an integrated civic society and a strong, modern ethnic identity. The issues concerning the rights of national minorities were discussed in the three chapters: Education, Culture and Ethno-political Issues

We will strengthen bilingual education at all national minority schools. We will intensify preparatory tasks to ensure a gradual switch of minority secondary schools to Latvian as a main instruction language as of 2004.

We will preserve and foster diversity of cultures of the ethnic groups in Latvia and will promote development of national cultures.

We will implement such ethno-political principles, which will take into consideration the interests of the state and all members of society, including Latvians and national minorities. We will improve legislation in the realm of ethnic policy and determine the fields of competence of the responsible institutions. We will assign a high level, politically responsible official having the requisite authority who will be responsible for the implementation of ethnic policy.

We will ensure consistent securing of the Latvian language in all spheres of life and its development as a communication language among all Latvian residents. We will support the activities of the President's Official Language Commission and the adoption of the national program for the development of the Latvian language.

We will foster the integration of Latvian society, learning of the Latvian language and the qualitative implementation of naturalization processes.

We will support the activities of national societies and communities and the Association of Latvian National Culture Organizations and ensure adequate funding for these organizations. We will provide special support for the Association of Livs, the second core nation in Latvia, while facilitating preservation and promotion of their unique language and culture in the world in the framework of the national long term target program “Livs in Latvia.”

We will educate society on ethnopolitical issues, while lessening prejudices and stereotypes. We will foster a dialogue on relations among nations and languages in Latvia. We will reduce the gap between two information spaces on the basis of common values and mutual respect.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, November 6, 2002, Chas

Recently adopted amendments to the regulations on the state language require a higher (II) state language proficiency level for a number of professions, including circus artists and shepherds.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, November 6, 2002, Telegraf

In May 2002, a new Immigration Law came into effect. The changes expanded the circle of people who are entitled to Latvian residency. According to the new law, parents of Latvian citizens and non-citizens, who have reached retirement age, may apply for Latvian residency. Persons, who have graduated in schools with instruction in Latvian, may also apply for permanent Latvian residency.

A new requirement to pass the state language examination to acquire a permanent Latvian residency permit will be effective after May 1, 2004. It will apply only to those, who want to obtain this permit on the basis of marriage and to all foreigners who, after residing in Latvia for ten years on the basis of a temporary residence permit, want to receive permanent residency.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, Panorama Latvii, January 16, 2003

On April 30, 2002 the Saeima adopted a number of amendments to the Constitution influencing the rights of minorities living in Latvia. The following articles have been amended:

It introduces an Oath of Office for new parliamentary deputies. Among other commitments, deputies pledge “to be loyal to Latvia, to strengthen its sovereignty and the Latvian language and to defend Latvia as an independent and democratic state.”

It now states that “the working language of the Saeima is the Latvian language.”

This article was supplemented with the provision that “local governments shall be elected by Latvian citizens who enjoy full rights of citizenship. The working language of local governments is the Latvian language.”

It now reads that “everyone has the right to address submissions to the state or local government institutions and to receive a materially responsive reply in the Latvian language.”

Source: Human Rights in Latvia 2002 (March 2003) by the Latvian Center for Human Rights and Ethnic Studies, http://www.politika.lv/polit_real/files/lv/LCESC2002en.pdf

On May 8, 2003 thirteen out of fifteen members of the Council on Minority Education at the Ministry on Education and Science accepted a draft model of minority secondary education program and draft amendments to the secondary education standards.

According to the model, 3/5 of teaching hours should be in Latvian and 2/5 in a minority language. Five subjects chosen by a school as well as the Latvian language and literature should be taught in Latvian. From 2007 onward, secondary school centralized examination should be in Latvian.

Two representatives of the Council from the Latvian Association for the Support for Russian Language Schools voted against the model.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, Telegraf, Vechernaya Riga, Chas, Diena, May 7 and 9, 2003

THE CONSTITUTIONAL COURT OF LATVIA ABOLISHES LANGUAGE RESTRICTIONS IN PRIVATE TV AND RADIO

According to the Law on Radio and TV Broadcasting, the share of foreign language programs cannot exceed 25 percent in privately owned radio and TV stations. The Constitutional Court decided to abolish this norm because it is in a conflict with the Constitution of the Republic.

In its decision the Court pointed out that linguistic regulations could not improve the level of Latvian language command amongst non-Latvian speakers. Moreover, many non-Latvian speakers switch to Russian Federation radio and TV channels. As a result, the conditions for national integration were worsened.

The Latvian Minister on Integration, Nils Muiznieks, was satisfied that these absolutely needless and non-democratic regulations were abolished. He mentioned that language limitations hampered the development of Latvian radio and TV stations, as they could not compete with Russian channels. Moreover, this clause in the law infringed upon the freedom of speech.

According to Diena newspaper, though this change was unexpected, it proves that the Constitutional Court is capable of reaching decisions without any international pressure. The columnist believes that programs of Latvian radio and TV stations will not be changed; however, he fears that partial or even full re-translation of radio programs from Russia will start.

However, the supporters of linguistic quotas are looking for other ways to strengthen the position of the Latvian language. The Chairwoman of the Parliamentary Commission on Human Rights, Ina Druviete stated that a completely free market [media] could not be allowed; so another solution would be devised.

In connection with the Court decision some TV channels are going to increase sharply their share of broadcasting in Russian. “Up until now it was very difficult for us to keep to the 25 percent rule,” said Inara Grotse, the Head of Newsroom of local Rezeknes TV. She expects they will broadcast in Russian approximately 50 percent of the time. Gunta Lidaka, a program director of Riga channel TV5, reckons that the time allocated to Russian language broadcasting will grow from 25 to 35 percent.

Alina Sikstule, an assistant to the general director of LNT (the most popular channel in Latvia); however, believes that it will be difficult to bring back viewers, who during the language limitations being in force watched other channels, mostly from the Russian Federation. The situation has to be analyzed. If changes in the time allocated to the Latvian and Russian language are to come, it will not be sooner than in autumn.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, June 7, 2003, Diena

Eurolang News, Tallinn, June 16, 2003, by Alexander Shegedin, http://217.136.252.147/webpub/eurolang/pajenn.asp?ID=4278

A complete overview of the citizenship legislation in Latvia together with all aspects influencing this process can be found at http://www.ecmi.de/jemie/download/Focus1-2003_Morris.pdf.

Source: JEMIE (Journal on Ethnopolitics and Minority Issues in Europe) a peer-reviewed electronic journal edited under the auspices of the European Center for Minority Issues (ECMI), Helen M. Morris, EU Enlargement and Latvian Citizenship Policy

After the restoration of independence, it was necessary to establish a new public broadcasting system and ensure the development of the commercial TV and radio channels.

In 1992, the Supreme Council of the Republic of Latvia adopted the Law on Radio and Television. According to this law, broadcasting in languages other than Latvian should not exceed one third of total airtime and films on private TV channels as well as announcements and commercials in foreign languages should be translated or should have subtitles in Latvian.

In 1995, the Saeima (the Parliament of Latvia) adopted a new Radio and Television Law. Amendments regarding language issues were adopted in October 1998. Article 19 regulated the use of foreign languages:

(3) Films shall be dubbed into the Latvian language, or subtitles in the Latvian language shall be provided with the original soundtrack. Films for children shall be dubbed into Latvian or displayed with voice-over in the Latvian language.

(4) Television broadcasts in foreign languages, except live broadcasts, re-transmissions, broadcasts to foreign countries, news and language instruction broadcasts, shall have subtitles in the Latvian language.

(5) The amount of broadcasting time in foreign languages in programs produced by broadcasting organizations shall not exceed 25 percent of the total volume of the broadcasting time in a twenty-four hour period. This provision is not applicable to Latvian Television, Latvian Radio, cable television, cable radio, satellite television, and satellite radio.

As regards advertising, a requirement that ads must be either in the Latvian language or in the language in which the program is broadcast is found in Article 22 (1) of the Law.

The Radio and Television Law further requires one of two public TV-channels and one of two public radios to broadcast solely and entirely in the state language, while the second TV channel and the second public radio can allocate up to 20 percent of their airtime to programs in other languages.

Source: Media Legislation, Minority Issues and Implications for Latvia by Leonid Raihman, January 20, 2003, http://www.policy.hu/raihman/PolicyPaper.htm

The Ministry of Justice proposed new draft Regulations on Personal Names' Spelling. The necessity to adopt new regulations was initiated by judgment of the Constitutional Court in the case “Mentzen v. the Saeima (Parliament) and the Cabinet of Ministers.”

According to the Law on IDs,¹ personal names and surnames must be written in documents in conformity with Latvian grammar. The name of a person having minority origin can be written on some other page of the passport in Latin transliteration.

Concerning linguistic norms, the draft does not review the fact that Latvian-language endings are to be annexed to minority names; however, some consonants cannot be doubled anymore.

To summarize the draft regulations and the court judgment, equalization can be used repeatedly, but only with the consent of a concerned person.

In the meantime, two cases (the Mentzen case and Kuharec v. Latvia case) are registered in the European Court of Human Rights. The opinion of the European Court will be decisive for further developments in this field.

Source: Minelres Archive, Minority issues in Latvia, No. 74, prepared by the Latvian Human Rights Committee (F.I.D.H.), October 4, 2003, http://lists.delfi.lv/pipermail/minelres/2003-October/002974.html

² The legislation currently in force provided that equalization can be used even if the personal name has already been Latvianized and written in the passport.

The board of the party For Fatherland and Freedom has assigned its parliamentary group to draw up amendments to the legislation preventing non-citizens from occupying the positions of teachers and headmasters. Janis Straume, the party chairman, believes that teachers and headmasters, especially in minority schools, have expressed a disloyal attitude towards the state and have discouraged many students to learn the Latvian language.

The Minister of Education and Science, Karlis Shadurskis, agrees that it is reasonable to start discussing the issue, because there are no obstacles impeding the process of teachers' naturalization.

According to the Special Task Minister for the Societal Integration, Nils Muiznieks, it is necessary to foster non-citizens' motivation to naturalize, but not through the prohibitions and menaces.

The leader of the Latvian Association for the Support of Russian-Language Schools (LASHOR), Igors Pimenovs, states that such a decision would limit the rights of non-citizens even more, and would cause public dissatisfaction.

The head of the For Human Rights in United Latvia parliamentary group, Jakov Pliner, considers this proposal to be a provocation from the national-radicals side.

The head of the Saeima Committee on Human Rights and Social Affairs, Ina Druviete, suggests equalizing the teacher's status with that of the civil servants. Although then teachers will have to naturalize, also their wages would raise.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, Diena, Latvijas Avize, Neatkariga Rita Avize, Chas, Vesti Segodnya, December 20-24, 2003

The Saeima Education and Science Committee has proposed the amendments to the Law on Education, which stipulate that all instruction in minority secondary schools from the tenth grade must be provided in the Latvian language. Teaching of the minority languages and other subjects related to the maintenance of minority identity should be the only exceptions to this rule.

According to the opposition politician, Jakov Pliner, (FHRUL) this amendment is a deviation from the previously planned legislation changes, since it stipulates that only 10, instead of the foreseen 40 percent of subjects will be taught in the minority languages.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, Diena, Telegraf, January 16, 2004

On January 22, 2004 the Saeima adopted in the second reading amendments to the Education Law. The amendments, dealing with state-supported secondary education in minority languages, were submitted by the government in order to confirm the changes adopted in August 2003.

The initial wording of the amendments suggested that from September 1, 2004 all state-supported secondary education must be in the state language. However, according to the amendments from May 2003, not less than five subjects (besides the Latvian Language and Literature) should be taught in Latvian in minority secondary schools at the end of the transition period (2004-2006). Each school will determine which subjects will be taught in Latvian but up to 40 percent of the curricula can be taught in the minority languages. Since the year 2007 all the state examinations and tests should be passed in Latvian.

Before the second reading (January 16, 2004) the Parliamentary Committee on Education, Science and Culture suggested a different wording of the amendment stipulating that all instruction in minority secondary schools from the tenth grade must be provided in the Latvian language. Teaching of the minority languages and other subjects related to the maintenance of minority identity and culture should be the only exceptions to this rule. This amendment was proposed by MPs from the ruling nationalistic faction For Fatherland and Freedom/LNNK and supported by the Committee and the Ministry of Education and Science with only a few minor adjustments.

Pro-minority opposition in the Saeima strongly opposed these amendments. According to them, the new wording does not allow the schools to teach up to 40 percent of the curricula in minority languages, because only 10-15 percent of the curricula can be considered as related to minority identity and culture.

The Minister of Education and Science, Karlis Shadurskis, said that such subjects as Sports, Economics, Health, Geography and History could be taught in minority languages. MPs from the People's Harmony Party did not agree that Sports or Economics are essential parts of any national minority's identity. Thus it is clear that the most important subjects (e.g. Physics or Mathematics) will have to be taught in the state language and this is what raises concerns among parents. Principals of several schools have already declared that their schools will not be able to implement the reform in a new way.

Since May 2003, when the governmental regulations establishing the 60 to 40 proportion were adopted, all minority schools have been working hard to elaborate their programs meeting these criteria. For most of schools, these programs are already at quite advanced stages of approval.

Pro-minority opposition suggested a number of amendments in order to establish a legal framework for state-supported secondary education; however, none of these were supported by the Saeima:

On January 28, 2004 Saeima governing coalition MPs presented in the third reading new amendments to the Law on Education, which explicitly mention the 60 to 40 ratio of the Latvian and minority language in minority schools, as accepted by the Cabinet of Ministers last May. The Presidents of Latvia Vaira Vike-Freiberga evaluated the amendments, adopted by the Saeima in the second reading, as “exceptionally awkwardly formulated” and promised to return them for renewed review to the Saeima if accepted without changes in the third reading.

On February 11, 2004 the President announced that there are no legal or practical obstacles for the Law's implementation. She also stated that this year the changes will affect only the 10th grade's students and that in most cases the number of subjects to be taught in Latvian will increase only by two. The President has suggested to define more specifically that minority language schools themselves can choose subjects which will be taught in minority language (those 40 percent). According to her the state should support all the schools, independently of their language norms' observation.

Meanwhile, the Headquarters for the Defense of Russian-Language Schools organized several protest actions in Riga.

Concerning the amendments to the legislation preventing non-citizens from occupying the positions of teachers and principals, the Ministry of Education is ready to introduce a proposal of the Chair of the Parliamentary Committee on Human Rights and Public Affairs. Ms Druviete suggested equalizing the teacher's status with that of the civil servants.

The Ministry wants to apply this reform with respect to schools' principals and deputy principals. It would mean that the Ministry, not local governments (school's founders), would appoint people to these positions. This idea is also supported by the President of Latvia Vaira Vike-Freiberga (Chas, January 17). However, its implementation would cost approximately LVL 1,2 millions (EUR 2 millions) already at the first stage (Diena, January 20).

According to data provided by the Ministry of Education and Science, approximately 3,000 out of 33,000 teachers are not citizens of Latvia (Latvijas Avize, January 12). Among principals, 20 out of more than 1,000 are non-citizens (Chas, January 15).

Source: Minelres News, Minority issues in Latvia, No.79, prepared by the Latvian Human Rights Committee (F.I.D.H.), January 23, 2004, http://lists.delfi.lv/pipermail/minelres/2004-January/003161.html and Integration and Minority Information Service of the Latvian Centre for Human Rights and Ethnic Studies

On March 3, 2004 the Cabinet of Ministers adopted the Regulation on Personal Names' Spelling and Use in the Latvian language, which stipulates that a person's name will be reproduced in correspondence with its pronunciation in the original language, while endings will be changed in accordance with the declination norms of the Latvian language.

Source: Integration and Minority Information Service of the Latvian Centre for Human Rights and Ethnic Studies, Diena, Vesti Segodnya, March 4, 2004

On April 20, 2004 the Cabinet of Ministers has adopted a regulation stipulating Latvian language proficiency requirements for all persons applying for permanent residence in the country. According to the regulation, every applicant will have to pass the state language exam demonstrating Latvian language proficiency at least at the lower (B) level.

This regulation has been adopted in compliance with the new Immigration Law, and it will not apply to the persons who have obtained primary, secondary or university education in the state language.

Source: Integration and Minority Information Service of the Latvian Centre for Human Rights and Ethnic Studies, Latvijas Avize, April 21, 2004

Source: Integration and Minority Information Service of the Latvian Centre for Human Rights and Ethnic Studies, March 25 and 26, 2004, Diena, Latvijas Avize, Neatkariga Rita Avize, Telegraf, Chas,

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, May 12, 2004, Chas, Vesti Segodnya

The amendments to the Constitution, allowing the European Union citizens permanently living in Latvia to participate at the municipal elections, were supported by the Saeima in the second reading. These amendments, however, do not mention non-citizens of Latvia.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, May 18, 2004, Vesti Segodnya

The Cabinet of Ministers recently adopted amendments to Regulation No. 33 on the Examination Procedure in the Latvian Language, Basic Rules of the Latvian Constitution, National Anthem and Latvian History.

The amendments provide for that secondary school graduates, who have successfully passed the centralized examination in the Latvian language and literature will not have to re-take the Latvian language test if they apply for naturalization. However, they will still have to show their knowledge of the Latvian history and the national anthem when applying for Latvian citizenship.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, August 5, 2004, Vesti Segodnya, Telegraf

Latvijas Avize continues to write about the development of the draft Law on Minority Schools. The newspaper points out that the working group drafting the law has not taken into account that the term "minority" has not been defined in the Latvian legislation yet.

The Special Tasks Minister for Societal Integration, Nils Muiznieks, however, is convinced that the law may be developed even if a precise definition of a basic term is lacking.

The Head of Saeima Human Rights and Public Affairs Committee, Ina Druviete, doubts that the definition of "minority", acceptable for all, could be developed in such a short period of time, therefore the Law on Minority Schools should be composed first.

The representatives of the People's Party parliamentary group and For Fatherland and Freedom/LNIM stated that their parties would not support the law because it would soften the education reform and it would be a gift to opponents of the reform.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, September 7, 2004, Latvijas Avize

On September 14, 2004 amendments to the Law on Immigration were adopted. The new amendments stipulate that persons suffering from certain diseases or having some disabilities will not have to pass the Latvian language examination when receiving a residence permit. The list of diseases is under discussions.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, September 15, 2004, Telegraf

At the end of September the Saeima has finally adopted the amendments to the Constitution. They provide the citizens of the EU member states, permanently living in Latvia with the right to participate in municipal elections¹ and to participate at the work of the municipalities.

The Saeima, however, did not support the proposal of MPs from the People's Harmony Party and the union For Human Rights in the United Latvia to grant the same rights to the Latvian non-citizens.

Moreover, the Saeima Legal Committee did not support another proposal to amend the Rules of Procedure, which would allow MPs to give speeches in the Russian language in Saeima's sessions.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, September 16 and 24, 2004, Latvijas Avize, Rigas Balss, Chas, Diena, Vesti Segodnya

On September 16, 2004 the Saeima adopted amendments to the Law on Aviation stipulating that from now on the Latvian non-citizens and the citizens of the EU, Norway, Iceland and Liechtenstein can take the positions of pilots and other crewmembers.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, September 17, 2004, Vesti Segodnya

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, October 1, 2004, Diena, Neatkariga Rita Avize, Latvijas Avize, Chas

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, October 15, 2004, Latvijas Avize, Vesti Segodnya

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, October 16 and 22, 2004, Chas, Vesti Segodnya, Telegraf

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, November 5, 10 and 13, 2004, Vesti Segodnya, Chas, Telegraf, Diena

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, November 23, 2004, Latvijas Avize, Chas, Telegrafs

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, September 25, 2004, Diena

On December 16, 2004 Saeima in the third reading adopted amendments to the Law on Radio and Television Broadcasting, which give the government an opportunity to interfere in the media's language policies in those cases where the use of the Latvian language on radio and television might be jeopardized. Thus it ignored the opinion of the President of Latvia, Vaira Vike-Freiberga, who demanded MPs to change these amendments.

The new amendments foresee that the Cabinet of Ministers has the right to set specific provisions concerning the usage of a language in broadcasting if the usage of the state language is endangered or restricted in the territory of a respective broadcaster.

Until fairly recently, regulations demanded that programs in foreign languages, including Russian, could not exceed 25 percent of the total airtime. Last year, however, the Constitution Court answered the claim laid by the Russian-speaking opposition and ruled that such restrictions were unlawful.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, December 17, 2004, Latvijas Avize, Vesti Segodnya, Chas, Telegraf

According to the Regulations on the Usage of Languages in Information, adopted by the Cabinet of Ministers in the middle of February, in specific cases foreign languages may be used along the state language in public information.

Foreign languages may be used if this information concerns international tourism and events, if it is provided due to security reasons, in cases of epidemics and diseases and in prisons, if it is relating to rights or obligations of inmates from abroad. The only restriction is that the text in foreign languages may not be bigger than the text in Latvian.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, Latvijas Avize, Chas, Telegraf, February 16, 2005.

The Saeima adopted in the second reading the new amendments to the Immigration Law. According to these, only those persons who have total or partial speech disability or are deaf will be exempted from the language examination.

The Saeima has also supported the proposal of Aleksandrs Kirsteins (the People’s Party), who suggested introduction of an integration declaration. The foreigners, who want to receive a residence permit in Latvia, will have to submit the integration declaration where they promise to pass the state language examination and respect Latvia's laws, traditions and culture.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, Latvijas Avize, February 18, 2005

In April 2005, the Head of the Saeima Foreign Affairs Committee, Aleksandrs Kirsteins, proposed to the Saeima Legal Affairs Committee amendments to the Law on Immigration. According to the Kirsteins's proposal, foreigners who apply for a permanent residence permit, employment or internship in Latvia should sign a declaration of loyalty to the Latvian State, as well as undertake obligations to respect Latvian culture and traditions. Furthermore, Kirsteins believes that foreigners should pass a Latvian language examination.

However, the President of Latvia, Vaira Vike-Freiberga, returned the amendments to Saeima.

On June 3, 2005 the Saeima Defense and Internal Affairs Committee started to repeatedly review these amendments. The Ministry of Justice proposed to soften the declaration stipulating that immigrants should only promise to learn the Latvian language. The ministry also suggested a provision that the state will provide a possibility for foreigners to acquire the Latvian language skills, traditions and culture.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, April 14, 2005, June 4, 2005, Latvijas Avize, Vesti Segodnya

On April 21, 2005 the Union of Greens and Farmers submitted to Saeima a draft declaration on the Soviet occupation. This declaration calls the European Parliament and the states of anti-Hitler coalition to release Latvia from the obligation to provide the place of residency to citizens of another states and their descendants who came to Latvia during the Soviet occupation.

According to the draft declaration, hundreds of thousand Latvia's Russian-speakers, who identify themselves as a part of the Russian society, are ill-disposed towards Latvian culture and demand specific privileges concerning their language, education and citizenship.

One of the authors of the declaration, Leopolds Ozolins, believes that the situation when 40 percent of residents of Latvia are Russian-speakers is not natural. He thinks the best would be to repatriate all former State Security Committee officials, veterans and Russian-speaking Latvian non-citizens to Russia.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, April 22, 2005, Vesti Segodnya

The Minister of Justice, Solvita Aboltina, is convinced that the Citizenship Law should be amended, as it has not been opened since 1998. She reported that the working group has already started to work at the development of amendments, which Saeima may discuss in September.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, June 25, 2005, Latvijas Avize

The draft amendments to the Citizenship Law, developed by the Ministry of Justice, were criticized by the Russian media. This criticism was stirred up by the criteria of loyalty to the State. The question arises how loyalty of naturalization applicants will be evaluated.

The head of the Naturalization Board, Eizenija Aldermane, believes that a naturalization applicant who is not related to international terrorism, is not a member of anti-state organizations, speaks Latvian, knows the Constitution and the Latvian history and has signed the oath of a new citizen could be regarded as loyal to the State.

The draft amendments also stipulate that only persons who have lived in Latvia for 5 years permanently are entitled to Latvian citizenship. They also foresee to ease the Latvian citizenship acquisition procedure for newborn children whose parents are Latvian non-citizens as well as to change the wording of the oath given by new citizens.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, August 17, 2005, Telegraf, Chas

RULES ON THE PROCEDURES OF THE ACQUISITION OF LATVIAN CITIZENSHIP TO CHILDREN UNDER THE AGE OF 15 AMENDED

On August 23, 2005, the government amended the rules on the procedures of the acquisition of Latvian citizenship to children under the age of 15 of recently naturalized persons.

The amendments provide that parents may apply for the registration of their child as a Latvian citizen also during and after naturalization of at least one of them. The former provisions stipulated that an application about the registration of a child could be submitted only when a parent himself applied for naturalization.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, August 24, 2005, Latvijas Avize, Telegraf

On September 19, 2005 the Committee of the Cabinet of Ministers supported draft amendments to the Citizenship Law, which provide the inclusion of a loyalty criterion in the naturalization procedure.

The Naturalization Board staff will evaluate the loyalty of a naturalization applicant; however, if their conclusion is not clear, the government will take the final decision. The draft amendments do not specify who is loyal and who is not. The Minister of Justice, Solvita Aboltina, states that there are no common evaluation criteria of one's loyalty and each applicant should be evaluated on an individual basis.

The Latvian National Human Rights Office conveyed worries that the introduction of the loyalty criteria will provide the ruling parties with a possibility to take tendentious decisions.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, September 20, 2005, Latvijas Avize, NRA, Chas, Vesti Segodnya, Telegraf

Based on the EU Directive 2003/109/EC, Latvia started to work on a new Law on the Status of EU Permanent Citizens and on amendments to the Law on Immigration. According to the Directive, as of 2006 the Latvian non-citizens will acquire a new status – a permanent resident of the EU. However, officials stress that the status will not be granted automatically. The applicants will have to submit a written application and demonstrate intermediate state language skills.

Having this status the Latvian non-citizens will have the same rights as the Latvian citizens; for instance, they will be able to travel to the EU countries without visa.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, October 7 and 14, 2005, Telegraf and Netakariga

The Minister of Justice, Solvita Aboltina, has decided to call off the draft amendments to the Citizenship Law, which provided the inclusion of the loyalty criteria in naturalization requirements.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, October 25, 2005, Diena, Chas, Vesti Segodnya, Telegraf

In the period from March 22 to October 10, 2005 the Commission of the State Language Center found 247 cases when the State Language Law was violated.

The cases have been initiated against 67 employees of security companies, 6 employees in sales networks (RIMI Latvia, VP Market, Mego etc.) and 116 employees of private and state institutions and organizations (kindergartens, schools, hospitals, police departments etc.).

All the accused persons must pay different fines. The Commission has also specified the time period when these people must prove their state language skills.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, November 7, 2005, Vesti Segodnya

The Saeima's faction For Fatherland and Freedom/LNIM developed draft amendments to the Citizenship Law according to which, persons who arrived in Latvia during the USSR's regime should not be entitled to naturalization. The rights to naturalization should be granted only to the persons who arrived in Latvia after July 1, 1992, and the former citizens of Lithuania, Estonia and Poland. The draft amendments also stipulated that loyalty of a naturalization applicant should be confirmed by two Latvian citizens.

However, in the session on December 8 the Saeima did not support these amendments.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, November 16 and December 9, 2005, Latvijas Avize, Chas, Vesti Segodnya, Telegraf, Diena

The draft amendments to the Citizenship Law foresee a number of changes. Except others, a naturalization applicant who would fail to come to exams without notification and justified reason two times in a row will be denied the grant of citizenship. A representative of the Naturalization Board explains that the decision has been made due to unserious attitude of a number of applicants towards naturalization who failed to come to exams and did not provide any notification.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, December 14, 2005, Chas

On 22 December, the Saeima accepted the draft amendments to the Administrative Violation Codex. According to the new amendments, if a person does not use the state language if it is necessary for performing his/her professional duties, s/he will be fined up to 50 LVL (≈ 70 EUR). The repeated violation within a year will result in a fine from 100 LVL (≈ 143 EUR) up to 200 LVL (≈ 286 EUR).

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, December 23, 2005, Chas

The head of the Naturalization Board, Eizenija Aldermane, in an interview with "Telegraf”"stated that the draft amendments to the Citizenship Law proposed by FF/LNIM party are in contradiction with the European Convention on Human Rights and domestic legislation. Ms. Aldermane, however, believes that the activities around naturalization are only part of the pre-election campaign of the party.

In March 2006, the party proposed to close the Naturalization Board and determine that only the Saeima is authorized to grant citizenship.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, March 29, 2006

The Government adopted regulations on granting a permanent residence permit. According to them, the applicants for the permit will have to prove their Latvian language proficiency level. The examination will include oral and written tests. Nevertheless, people with eyesight and hearing problems and those who have graduated an accredited special education program will not have to take them.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, April 5, 2006, Vesti Segodnya

The Saeima rejected the draft amendments to the Education Law elaborated by the political union For Human Rights in United Latvia (FHRUL), which proposed to grant authority to school self-governments in taking decisions about the choice of language of instruction. Furthermore, they wanted school final exams to be taken in the language of instruction and not in the state language as it is stated in the effective law.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, May 17 and 19, 2006, Chas, Vesti Segodnya, Latvijas Avize

A DRAFT LAW GRANTING RUSSIAN THE OFFICIAL LANGUAGE STATUS OF ETHNIC MINORITIES IN LATVIA

The party Concord Center is developing a draft law, which should grant the Russian language the status of the official language of ethnic minorities in Latvia. On behalf of the project, a member of the party, Janis Urbanovics, stated that Russian is the second widespread language in the country; however, according to legal norms it does not exit. Currently, "it has the same status as any foreign languages such as Chinese or Hindi", he added.

Subsequently, there were various opinions published in the newspaper "Vesti Segodnya". For example, Janis Adamsons, a member of the Concord Party, said that the government should take into account the fact that Russian is used by a large number of Latvian residents.

Similarly, the director of the Latvian Center for Human Rights, Ilze Brands Kehris, agreed that the minority languages and their status should be determined in the law. However, according to her, it does not mean that Russian will be the only minority language since there are also other minority groups living in Latvia.

A representative of the United Congress of the Russian Community in Latvia, Aleksandr Gaponenko, said that Latvia is a multinational state where Russians are not a minority but one of the core nations. That is why the Russian language must be granted the status of the second state language.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, June 2 and June 14, 2006, Chas, Vesti Segodnya

LEGAL AFFAIRS COMMITTEE REFUSED A PROPOSAL WHICH SHOULD ALLOW THE USE OF ANY LANGUAGE AT SESSIONS OF PARLIAMENTARY COMMITTEES

The parliamentary Legal Affairs Committee refused the draft amendments to the Saeima regulations proposed by the union For Human Rights in United Latvia (FHRUL), which stipulated that the MPs could speak any language including Russian during the sessions of committees.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, June 15, 2006, Chas, Latvijas Avize

SEVERAL TV CHANNELS HAVE BEEN WARNED ABOUT THEIR VIOLATION OF THE STATE LANGUAGE LAW

The National Radio and Television Council (NRTC) have warned TV channels TV3, LNT, and LTV1 about their violation of the State Language Law. The NRTC has reviewed several TV programs translated into Latvian and found that much information was given in Russian without subtitles or dubbing. Therefore, the NRTC has warned the TV channels that the insertions in other languages in Latvian language TV programs have to be translated into the state language.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, June 8, 2006, Latvijas Avize

Vaira Vike-Freiberga, the Latvian President, has promulgated the Law on EU Permanent Resident Status. As reported, the Law includes provisions that stipulate that third country nationals, including Latvian non-citizens, must comply with various requirements. In particular, in order to receive the status of EU permanent resident, they should demonstrate Latvian language skills; prove that they are permanent residents of Latvia; and pay the state fee. In June 2006, the President had sent the law back to the Saeima for further revision, arguing that Latvian non-citizens should not be included in one category with third country nationals, as, according to current Latvian legal norms, they have rights specific to them. However, the Saeima voted to adopt the Law without changes, regardless.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, July 8, 2006, Chas, NRA

The Latvian government has introduced new laws for granting citizenship, which are designed to require better knowledge of the Latvian language.

Under the new rules, secondary school students who want citizenship will have to produce certificates showing they have passed exams in Latvian language and literature at the three highest levels, under the new rules approved by the government. Concerning this issue, Liga Lukso, a spokesperson of the Naturalization Board, said that the existing regulations allowed candidates for citizenship to submit certificates proving that they have passed tests at the fourth level, but it turned out quite often that candidates with this level of certificate do not have sufficient knowledge of the Latvian language.

The amendments to the law, for instance, also stipulate that the citizenship applicant can take the language test a maximum of three times. If he or she fails after the third time, his or her naturalization procedure is closed. The applicant may re-apply after six months instead of three as was provided in the previous regulations. Moreover, the naturalization procedure may be cancelled when the applicant fails to attend without justification.

Following independence from the Soviet Union in 1991, Latvian was established as the only official language in the country, even though more than one third of the population of 2.3 million spoke Russian as their mother tongue.

Around 30 percent of former citizens of the Soviet Union were designated as non-citizens and had to go through a naturalization process. Currently there are more than 400,000 non-citizens in Latvia.

The amendments to the law adopted on 8 August 2006 come into force this year and do not need to be approved by parliament.

Source: Mercator News, August 2006, http://www.ciemen.org/mercator/index-gb.htm; Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, August 9, 2006, Chas, Vesti Segodnya, Latvijas Avize and Headline News, August 10, 2006 by Lisbeth Kirk on http://euobserver.com/9/22223

The Cabinet of Ministers has issued a protocol decision, requiring that the Latvian National Human Rights Office (LNHRO) and the Secretariat of the Special Assignments Minister for Social Integration (IUMSILS) make available in minority languages the information that these institutions might provide information not only in the state language but also, by request, in minority languages.

As reported, the LNHRO had asked the Cabinet of Ministers to permit state and municipal institutions to provide public information not only in Latvian, as provided by the State Language Law, but also in minority languages. The Government declined that request, but issued the above mentioned protocol decision.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, August 26, 2006, Latvijas Avize

The Saeima's faction 'For Human Rights in United Latvia' (FHRUL) has submitted its draft amendments to the State Language Law to the Saeima. These propose to grant ethnic minority languages official status in territories densely inhabited by ethnic minorities. The draft amendments stipulate the freedom to use minority languages in written communication with all authorities, including judicial and education institutions, and the use in official documents of the languages' original spelling in geographical and personal names.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, January 30, 2007 Latvijas Avize, Chas

CABINET OF MINISTERS HAS APPROVED STATE LANGUAGE EXAMINATION PROCEDURE FOR FOREIGNERS

The Cabinet of Ministers has approved the State language examination procedure for foreigners who are applying for permanent residence and working permits in Latvia. As reported, applicants for a permanent residence permit must demonstrate Latvian language proficiency skills, which correspond at least to the lowest language proficiency level set by Latvian legal norms. The Cabinet of Ministers noted that foreigners do not have to sit the language proficiency test where they have taken the centralized Latvian language exam, or have graduated from a university where Latvian is the language of instruction, or have learned Latvian in their country of origin and are able to submit a relevant certificate.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, December 13,2006 Vesti Segodnya

The Committee of the Cabinet of Ministers will review a proposal of the "Latvian Association for Support of Russian Language Schools" (LASHOR) to introduce a mandatory native language and literature examination in educational programmes of minority secondary schools. According to LASHOR, it would motivate minority students to learn their mother tongue and literature.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, March 26, 2007

On 22 March 2007, the Saeima rejected a draft law submitted by the organization "For Human Rights in United Latvia" (FHRUL), which set obligations for municipalities to preserve the culture of ethnic minorities. It also rejected the draft amendments to the "Law on Elections to City, County Council and District Municipality" proposed by FHRUL and The Concord Centre, which stipulated granting Latvian non-citizens voting rights in municipal elections. Earlier this month, amendments to the Administrative Violations Code to increase fines for violations regarding the use of the Latvian language were also declined.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, March 16 and 23, 2007 Chas, Vesti Segodnya, Latvijas Avize

The Saeima Legal Affairs Committee has reviewed draft amendments to the Criminal Law supported by the Saeima in the second reading. The Committee has supported the proposals stipulating criminal liability for a person who makes an attempt to pass the naturalization exam or state language proficiency test in place of a real applicant for citizenship or for the state language proficiency certificate. Such persons might be punished with imprisonment or fined.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, April 25, 2007 Latvijas Avize

At the conference held by the "Latvia's Way" party, the head of the Naturalization Board, Eizenija Aldermane, stated that the rate of naturalization has slowed down due both to the grant of rights to non-citizens to travel within the EU countries without visas and to their lack of patriotism and sense of belonging to Latvia. Eizenija Aldermane added that discussions on granting voting rights to non-citizens have also reduced the number of applicants for Latvian citizenship.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, April 23, 2007 Chas, Vesti Segodnya, Telegraf, Latvijas Avize, Diena

The Ministry of Education has proposed amendments to the Law on Institutions of Higher Education, which, if adopted, will be equally applied to state–run and private universities.

The Ministry suggested that languages other than Latvian can be used in education process at universities in four instances:

In all other instances, education will be conducted in the state language. Currently, private universities are free to choose the language of instruction. Valery Nikiforov, professor of private university Baltic International Academy stated that these amendments narrow down opportunities of private universities and interfere with language use in private sphere. The amendments are seen as an attempt to lobby the interests of the state-run universities, who would like to attract foreign and minority students at the expense of private universities.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, July 18, 2007 Vesti Segodnya

The Saeima has refused the draft amendment to the State Language Law proposed by the political party For Human Rights in United Latvia (FHRUL), which stipulated granting official status to ethnic minorities' languages in territories inhabited by the respective minorities in substantial numbers.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, September 7, 2007 Chas, Vesti Segodnya, Latvijas Avize

The Saeima has refused the draft amendments to the General Education Law proposed by the FHRUL. They suggested keeping classes with Russian as the main language of instructions, where the number of pupils is falling below the minimum currently required by the state, since many of such classes are being closed throughout the country.

The FHRUL also proposed that in lessons intended to be taught in Latvian, a teacher could explain some aspects of a lesson's material in Russian where the pupils do not understand it in the state language of instruction.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, October 13, 2007

The Head of the Citizenship Law Implementation Committee, MP Peteris Tabuns (FF/LNIM) has stated in an interview for Telegraph that every single resident of Latvia has to speak the Latvian language. Therefore, he considers to include severe norms on usage of the state language into the State Language Law, which would also be applied on private sector and manufacturing.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, October 10, 2007

LEVEL OF THE STATE LANGUAGE PROFICIENCY SHOULD BE DETERMINED ALSO FOR EMPLOYEES IN PRIVATE COMPANIES

The Ministry of Justice, in co–operation with representatives of the State Language Centre, is drawing up a draft supplement to the Cabinet Ministers' Rules. The Rules determine level of state language proficiency required for about 180 posts and professions for employees of state and municipal institutions as well as of private enterprises.

At present, legal acts stipulate that in private sector an employer determines the necessary level of the state language proficiency of employees. According to the head of the Control Department of the State Language Centre, Antons Kursitis, the state has to determine the level of the state language proficiency also for employees in private companies to protect the state language and the interests of ethnic Latvians.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, October 8, 2007

THE MINISTRY OF INTERIOR HAS PREPARED AMENDMENTS TO THE CABINET MINISTERS' RULES

The Ministry of Interior has prepared the draft amendments to the Cabinet Ministers' Rules to reduce State Language proficiency requirements for firefighters, ranking police officers, and inspectors and cadets of the State Border Guards. The Ministry says this is because the levels in force are too high, especially in the context of the current shortage of labor in these sectors. The State Language Centre does not agree with the Ministry and is planning to block their amendments.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, November 13, 2007 Telegraf

The Committee of the Cabinet of Ministers has supported the draft amendments to the Administrative Violations Code proposed by the Ministry of Justice. The Ministry has proposed the penalties for repeated violation of the State Language Law be reduced to a level enforceable on low-income offenders.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, November 13, 2007 Chas, Telegraf

The Ministry of Education has elaborated a draft Law on Higher Education Establishments, which stipulates that state and private higher education institutions are forbidden from teaching in foreign languages except the official EU languages. Thus, in fact, this draft law will forbid teaching in the Russian language. The exception could be made only for foreign students from non-EU countries.

Source: Integration and Minority Information Service of the Latvian Centre for Human Rights, March 28, 2008

IF A PERSON WANTS TO CHANGE HIS/HER ETHNICITY, THEY WILL HAVE TO PROVE THEIR LATVIAN LANGUAGE PROFICIENCY

The political party For Fatherland and Freedom is preparing proposals to the new draft law “On Change of Name, Surname and Ethnicity Record” stipulating that a person who wants to change ethnicity to ethnic Latvian will have to prove Latvian language proficiency.

The party considers that without this requirement non-citizens could avoid naturalization and receive Latvian citizenship according to a different provision of the Citizenship Law.

The current draft law stipulates that a person who wants to change ethnicity to Latvian will only have to present a document certifying that at least one of his/her parent or grandparent was ethnic Latvian.

Source: Integration and Minority Information Service of the Latvian Centre for Human Rights, April 3, 2008 Vesti Segodnya, Latvijas Avize

In an interview published by the Latvijas Avize, MP Karlis Sadurskis (the New Era) criticizes the State Language Law, as it does not regulate usage of the Latvian language in private sphere.

Mr. Sadurskis believes that ethnic Latvians have a right to be monolingual in their homeland and not to speak any other language. He also criticizes the idea of multiculturalism and believes that education in Latvia should be based only on Latvian culture and Latvian spirit.

Source: Integration and Minority Information Service of the Latvian Centre for Human Rights, April 4, 2008

The Cabinet of Ministers is planning to review the draft amendments to the Administrative Violations Code. According to these amendments, text on seals and blanks of organizations and enterprises should be printed only in the Latvian language.

Furthermore, they propose fines if information provided on titles, signboards and in reports is in foreign languages and if it is against the law that stipulates this information should be provided in the state language.

Source: Source: Integration and Minority Information Service of the Latvian Centre for Human Rights, April 4, 2008

MINISTRY OF JUSTICE IS ABOUT TO LAUNCH A NEW LIST OF STATE LANGUAGE REQUIREMENTS FOR DIFFERENT PROFESSIONS

The Ministry of Justice is finalizing a new list of state language requirements for representatives of different professions; it includes professions such as sports athletes and street cleaners.

The requirement to know the state language at the highest level is extended to managers and engineers, as well as to teachers of private minority education institutions.

Furthermore, the draft envisages penalties (fines or dismissal from the job) for the lack of the state language proficiency certificate or failure to communicate in the state language according to the required level.

Source: Integration and Minority Information Service of the Latvian Centre for Human Rights, April 17, 2008 Vesti-Segodnya, Chas

Updated (May 2008)

EASIER PROCEDURE TO CHANGE ETHNICITY

On May 20^th, the Saeima’s Legal Committee approved in the first reading a draft law easing procedure on change of ethnicity, name and surname. According to the draft law, if a person wants to change ethnicity to “ethnic Latvian”, s/he will not have to prove Latvian language proficiency anymore as it is required by the law currently in force.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, May 21, 2008 Vesti Segodnya

The Cabinet of Ministers has approved amendments to the Regulations Nr.296, enlarging the list of posts and professions obliged to prove their Latvian language competence in employment. These requirements are applicable to private sector.

According to Latvijas Avize, the Prime Minister suggested that representatives of some professions could effectively avoid these requirements if it is clearly stated in their employment contract that communication to the public is not part of their professional duties.

Similarly, General Director of the Employers’ Confederation of Latvia objected to new requirements stating that the list of professions is very extensive and that language regulations should be proportionate. He also added that the language requirement for directors in private sphere was going against the principle of attracting foreign investment.

Source: Integration and Minority Information Service of the Latvian Centre for Human Rights, July 30, 2008 Latvijas Avize, Chas

LACK OF NORMS REGULATING THE USAGE OF LATVIAN IN THE DRAFT LAW ON AUDIO AND AUDIOVISUAL MASS MEDIA

The State Language Commission has sent a letter to the Saeima criticizing the draft Law on audio and audiovisual mass media for its lack of standards regulating the usage of the state language. The Commission believes that the state language is still endangered; any legal act therefore should protect the language’s use in any field, including in the mass media.

Source: Integration and Minority Information Service of the Latvian Centre for Human Rights, October 15, 2008 Chas

DEPUTIES TO THE SEIMA AND TO MUNICIPAL COUNCILS WILL HAVE TO REACH THE HIGHEST LEVEL OF LANGUAGE PROFICIENCY

The Cabinet of Ministers accepted rules, which stipulate that deputies to the Saeima and to municipal councils will have to reach the highest level of language proficiency.

Up to now, the deputies were not obliged to have any specific state-language proficiency level. The new rules will come into force on 1 September 2009. Mr. Kursitis states that the language inspection received complaints on municipal deputies for their poor state language skills and after 1 September these complaints will be verified.

Source: Integration and Minority Information Service of the Latvian Centre for Human Rights, August 12, 2009 Latvijas Avize

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