Language Research

7. International treaties: Did the country ratify any international treaty dealing with the protection of minorities?

Latvia signed the Framework Convention for the Protection of National Minorities on May 5, 1995 but it has not yet been ratified. Among 24 authors of the present Framework Document, there were two representatives of the minorities.

Updated (April 2001)

On March 8, 2001 another effort by the parliamentary opposition to push ratification of the Council of Europe's Framework Convention for the Protection of National Minorities failed, as 17 members of Parliament voted for ratification, 19 voted against and 46 abstained. Latvia signed the convention in 1995, but has not ratified it yet.

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Updated (October 2001)

After signing the Council of Europe's Convention for the Protection of Ethnic Minorities in 1995, there is still an ongoing political discussion in Latvia on the ratification of this international instrument. The debate from now on may be focused on the possibility to follow the recent Belgian example i.e. not to include a definition of ethnic minority in the ratification document since the Russian-speaking population in Latvia cannot be compared, according to many Latvians, to the traditional idea of an ethnic minority.

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Updated (May 2002)

On February 28, 2002 the Prime Minister Andris Berzinsh, being interviewed for a local newspaper, mentioned that Latvia will ratify the Framework Convention for the Protection of National Minorities only when all EU countries, France for example, will ratify it. He stated that Latvia would not act like Estonia, who ratified the Convention but “struck off a number of provisions” ("The Telegraph," March 1).

According to the authors of the newsletter “Minority Issues in Latvia,” Estonia did not “strike off a number of provisions” and made no reservations when ratified the Convention, but made a declaration containing its definition of the national minorities (http://conventions.coe.int/treaty/EN/DeclareList.asp?NT=157&CM=&DF).

Ratification of the Framework Convention and amending the national legislation in accordance with this Convention are the key recommendations of the Parliamentary Assembly of the Council of Europe to Latvia, adopted in January 2001 (Resolution 1236 Honoring of obligations and commitments by Latvia, http://stars.coe.int/ta/ta01/ERES1236.HTM). 

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Updated (February 2003)

Latvia signed the Framework Convention for the Protection of National Minorities on May 11, 1995. The Convention has not been ratified yet. The parliamentary opposition submitted the Ratification Bill for three times: in May 2000, March 2001 and September 2002, but the Saeima (Parliament) rejected it.

Main arguments against the ratification mentioned during the parliamentary debate were the following: 

• The legislation of Latvia already provides sufficient protection for national minorities,  

• The term “national minority” is not defined in the legislation,  

• Ratification of this convention is not an indicator of democracy and respect to human rights, as several European countries have not even signed the Convention,  

• It is exclusively up to the government to decide when the ratification of the Framework Convention should be initiated.

Out of 18 Articles we have chosen the following:

Article 4

1. The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.

2. The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities.

3. The measures adopted in accordance with paragraph 2 shall not be considered to be an act of discrimination.

Article 91 of the Constitution contains a general equality clause stating that all persons in Latvia shall be equal before the law and the courts and human rights shall be observed without discrimination of any kind.

This principle is further elaborated in a number of laws. For example, Section 7 of the Labor Law (adopted in 2001, came into force on June 1, 2002) provides that everyone has equal rights to employment, fair, safe and healthy working conditions, as well as to fair remuneration for work; these rights have to be ensured without any direct or indirect discrimination based on person's race, color, gender, age, disability, religious, political or other opinions, national (ethnic) or social origin, property and family status and other circumstances.

Section 3 of the Education Law (1998) provides that every citizen of the Republic of Latvia and every person who has a non-citizen passport issued by Latvia, persons to whom a permanent residence permit has been issued, as well as citizens of the European Union states to whom temporary residence permits have been issued, and their children have equal rights to receive education regardless of property and social status, race, ethnicity, gender, religious or political opinions, health condition, occupation and place of residence.

Section 4, par. 2 of the Judicial Powers Law (1992) provides that judgments shall be delivered by the court irrespective of person's origin, social or property status, race and ethnicity, gender, education, language, religious affiliation, type and nature of occupation, place of residence, political or other views.

The Law on the Unrestricted Development and Right to Cultural Autonomy of Latvia's National and Ethnic Groups (1991) declares that the residents of the Republic of Latvia are guaranteed, regardless of their national (ethnic) origin, equal human rights which correspond to international standards (Section 1). Section 3 of the law specifically provides for equality in the employment sphere.

Implementation

Different acts of legislation require a person to be citizen of Latvia and/or to have the state language proficiency certificate for employment, participation in public life, etc. The majority of people belonging to national minorities do not fulfill these requirements. According to data of the Population Register (as of July 1, 2002), 541,755 (55.6 percent) out of 974,352 persons belonging to national minorities do not have Latvian citizenship.

Most of these individuals (511,357) do not have citizenship of any state, but they are not recognized by Latvian authorities as stateless. Adoption of the Law on the Status of Former Citizens of the USSR who are not Citizens of Latvia or Any Other State in April 1995 provided them with a unique form of legal status, that of “non-citizen,” thus legalizing their permanent stay in Latvia. A number of legal acts reserve certain rights and opportunities to citizens only, including political (e.g. the right to participate in national and local elections and to form political parties), social and economic rights (e.g. property rights, the right to work in a number of professions, both in the state and the private sector, and the right to receive some benefits).

An analysis of these restrictions, conducted by the National Human Rights Office in 1996, concluded that ten of them were contrary to both the Constitution and the International Covenant on Civil and Political Rights. Five of those restrictions have been abolished since then, while some new have been introduced. The last one, the restriction for non-citizens to work as firemen, was reintroduced on October 24, 2002 by adopting a new Fire Safety and Fire-Fighting Law.

The 2001 survey revealed that 3 percent of citizens and 46 percent of non-citizens considered citizenship to be the main cause for violations of their human rights. Seven percent of citizens and 39 percent of non-citizens saw language as the basis for their human rights' violations and 6 percent of citizens and 31 percent of non-citizens based violations of their rights on ethnic origin.¹

Article 5

1. The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage.

2. Without prejudice to measures taken in pursuance of their general integration policy, the Parties shall refrain from policies or practices aimed at assimilation of persons belonging to national minorities against their will and shall protect these persons from any action aimed at such assimilation.

Article 114 of the Constitution states, that persons belonging to national minorities have the right to preserve and develop their language, ethnic and cultural identity.

The Law on the Unrestricted Development and Right to Cultural Autonomy of Latvia's National and Ethnic Groups (1991) guarantees Latvia's national minorities the right to celebrate their national holidays, use national symbols and preserve their traditions (Section 8). Besides that, state institutions have an obligation to promote development of education, language and culture of national and ethnic groups living in Latvia (Section 10, par. 1).

The 1999 State Language Law considers all minority languages (except for the Liv language) to be “foreign.” At the same time, the Law does not regulate the use of language in “unofficial communication among individuals, internal communication of ethnic and national groups and language use in religious activities” (Section 2, par. 3).

According to the Education Law (1998), state-supported university education has been provided only in the state language since September 1, 1999 (par. 9 subpar. 1 of the Transitional Provisions). The Law also stipulates that from September 1, 2004 education will be provided only in the state language from 10th grade of the state and municipal general secondary schools (par. 9, subpar. 3 of the Transitional Provisions). In the meantime, the General Education Law contains the provision that mentions minority education programs, including teaching minority languages and subjects related to minority identity also in secondary schools (Section 42, par. 2); however, nothing is said about the language in which these programs are to be implemented. Existing primary minority schools will be transformed into bilingual schools. All these measures could lead to a lesser use of minority languages in Latvia.

Implementation

In 2002, the Latvian authorities allocated LVL 14,490 (approx. €25,880) to support different national cultural associations. This money was distributed by the Department on Minority Affairs of the Naturalization Board. Besides that LVL 10,000 (approx. €17,860) were allocated as a subsidy for the Association of National Cultural Associations. The state also allocated LVL 12,000 (approx. €21,430) to establish a museum “Jews in Latvia” and LVL 2,300 (approx. €4,110) to hold of the World Summit of Latgalians.

In 2002, the Society Integration Foundation (the state foundation responsible for allocation of money for the projects in the field of integration) received LVL 282,000 (approx. €503,580) as a subsidy from the state budget and LVL 165,000 (approx. €294,650) as a part of foreign financial aid.

Article 6

1. The Parties shall encourage a spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect and understanding and co-operation among all persons living on their territory, irrespective of those persons' ethnic, cultural, linguistic or religious identity, in particular in the fields of education, culture and the media.

2. The Parties undertake to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious identity.

The Law on the Unrestricted Development and Right to Cultural Autonomy of Latvia's National and Ethnic Groups (1991) states that any activity, aimed at national (ethnic) discrimination, as well as propagation of national (ethnic) superiority and national (ethnic) hatred is punishable in accordance with the existing laws (Section 16).

The Law on Radio and Television (1995) contains a “national order,” which includes creation of TV programs about life and culture of minorities, living in Latvia (Section 54, par. 5). Programs, which are created within the framework of this order, are financially supported by the state.

Article 9

1. The Parties undertake to recognize that the right to freedom of expression of every person belonging to a national minority includes freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authorities and regardless of frontiers. The Parties shall ensure, within the framework of their legal systems, that persons belonging to a national minority are not discriminated against in their access to the media.

2. Paragraph 1 shall not prevent Parties from requiring the licensing, without discrimination and based on objective criteria, of sound radio and television broadcasting, or cinema enterprises.

3. The Parties shall not hinder the creation and the use of printed media by persons belonging to national minorities. In the legal framework of sound radio and television broadcasting, they shall ensure, as far as possible, and taking into account the provisions of paragraph 1, that persons belonging to national minorities are granted the possibility of creating and using their own media.

4. In the framework of their legal systems, the Parties shall adopt adequate measures in order to facilitate access to the media for persons belonging to national minorities and in order to promote tolerance and permit cultural pluralism.

Article 100 of the Constitution states: “Everyone has the right to freedom of expression, which includes the right to freely receive, keep and distribute information and to express their views. Censorship is prohibited.”

The use of minority languages in printed media is not limited by the 1990 Law on Press and Other Mass Media.

Section 62, par. 2 and 3 of the Law on Radio and Television (1995) states that:

(2) Latvian Radio and Television shall produce their programs for the first distribution network in the state language.

(3) Latvian Radio and Television programs at the second distribution network shall be primarily in the state language. Of the annual broadcasting time, 20 percent may be allocated to broadcasts in the languages of ethnic minorities, including also films and theatrical performances sub-titled in the state language.

Private electronic media are also a subject to language restrictions: the airtime for broadcasting in “foreign” (including minority) languages cannot exceed 25 percent of the total broadcasting time (Section 19, par. 5 of the Law on Radio and Television).

Implementation

Within the framework of broadcasts in the languages of ethnic minorities the great majority of time is devoted to Russian-language productions. However, thirty minutes of radio broadcasts in languages of other minorities (Armenian, Azeri, Belarussian, Estonian, Georgian, German, Greek, Jewish, Lithuanian, Polish, Tatar and Ukrainian) are aired almost every day.

A few private radio and TV channels (e.g. LNT, Radio Pik) were punished by the NCRT (the National Council on Radio and Television) for exceeding “language quotas.” Broadcasting of TV Riga was temporarily suspended four times in 1998-1999. According to statistics of the NCRT, since 1996 the Council has registered 62 complaints and has imposed 38 sanctions to private TV and radio companies.

Article 10

1. The Parties undertake to recognize that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing.

2. In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if those persons so request and where such a request corresponds to a real need, the Parties shall endeavor to ensure, as far as possible, the conditions which would make it possible to use the minority language in relations between those persons and the administrative authorities.

3. The Parties undertake to guarantee the right of every person belonging to a national minority to be informed promptly, in a language which he or she understands, of the reasons for his or her arrest, and of the nature and cause of any accusation against him or her, and to defend himself or herself in this language, if necessary with the free assistance of an interpreter.

Paragraph 1

The Latvian language is the sole state language in the country. Language legislation consolidates the role of Latvian and limits the use of other languages in education, electronic mass media, state service, and in communications with public administrative bodies. In October 1998, the Saeima (Parliament) included the provision that “the state language of the Republic of Latvia is the Latvian language” into the Constitution (Article 4). In April 2002, the Constitution was supplemented by a few provisions aimed at strengthening status of the Latvian language. Article 18 provides 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.” Article 21 provides that the sole working language at the Saeima is Latvian. Article 101 provides that the working language of local governments is Latvian. Article 104 stating that “everyone has the right to address the state or local government institutions with applications and receive an answer to the point of fact” has been supplemented with the provision that “everybody has the right to receive an answer in Latvian” since April 2002.

The first Law on Languages was adopted in May 1989. It was amended substantially in March 1992. The present State Language Law (1999) came into force on September 1, 2000. Except for the Liv language (language of Latvia's autochthonous population consisting of approximately 200 individuals), the law declares all other minority languages as “foreign.” The Law does not make distinctions between areas with the different ethnic compositions; its provisions are the same even for areas, where the majority of population belongs to national minorities.

The Law recognizes the right of minorities to use any language in private sphere (Section 1, par. 4). However, the Law envisages state intervention into the use of languages in the private sphere to a degree determined by a “legitimate public interest,” such as matters affecting public health, safety and order, taking into account the principle of proportionality (Section 2, par. 2). At the same time, the Law does not regulate language use in an “unofficial communication among individuals, internal communication of ethnic and national groups and language use in religious activities” (Section 2, par. 3).

Section 6 of the State Language Law provides that persons employed in the state and municipal bodies, institutions and enterprises must know and use the state language. Persons employed in the private organizations and enterprises must know and use the state language, if their activities concern a “legitimate public interest” or they execute public functions.

The governmental regulations envisage six categories of the state language proficiency. The “3B” category (the highest one) is necessary for heads of the state institutions, lawyers, psychologists, and secretaries. It requires an ability to “hold a conversation in different styles,” and to use “different means of linguistic expression.”

In private sphere an employer determines necessary level of the state language knowledge for employees in his/her business enterprise. In November 2000, the Cabinet of Ministers adopted amendments to the “Requirements on Proficiency Degree in the State Language Required for Performance of Professional and Positional Duties and the Procedure of Language Proficiency Tests” - a list specified required language proficiency in the private sector connected with a legitimate public interest. According to the list, “3B” category is required for lawyers, barristers, notaries, insurance agents, psychologists, teachers of the Latvian language and literature, journalists working with texts in Latvian.

Section 11 of the State Language Law provides that public events organized by private persons and private organizations can be held in other languages than the state one. The governmental regulations determine exceptions from this general rule. Private persons, enterprises or associations and international institutions, when organizing public events, must translate into the state language the information relating to a legitimate public interest, as well as information about the event.

Paragraph 2

The State Language Law prohibits state, municipal and judicial institutions to accept written applications, statements and complaints from private persons in any language other than Latvian except for some emergency situations (calls for emergency medical help, cases of criminal violations or other violations of law, calls for emergency help in cases of fire, crash or other accidents) (Section 10, par. 2). Documents in “foreign languages” can be accepted only when a certified translation into the state language is attached (Section 10, par. 3). Translation and certification are costly procedures, and this provision in fact deprives many persons belonging to minorities of the opportunity to protect their rights in the state institutions (e.g. prisoners or population of the poorest region of Latgale).

The Civil Proceedings Law (adopted in 1998, came into force on March 1, 1999) establishes that legal proceedings are conducted in the state language. Documents in foreign languages are submitted by the parties as being attached with a duly certified translation into the state language (Section 13).

Implementation

The City Council of Daugavpils employs a translator, who helps the residents of the city to translate their documents for the Council from Russian into Latvian. However, only those residents, whose income does not exceed a minimum established by the City Council, are eligible for this free service.

Paragraph 3

The Criminal Proceedings Code establishes that legal proceedings in criminal matters are conducted in the state language, but the court, judge, prosecutor and the investigation service can allow to conduct the proceedings also in other languages, if the parties agree to it. In any case, a person, who participates in the proceedings, but does not know the language of the proceedings, is entitled to submit applications, give evidence, submit petitions, get acquainted with documents and speak in court in the language he or she understands, and to use an assistance of an interpreter. All documents, which are to be issued to such a person, must be translated into a language, which he/she understands (Section 16). According to the State Language Law, all documents must be submitted to the court or the Prosecutor's Office in the state language

Implementation

In December 2001, the Ministry of Interior proposed to the Cabinet of Ministers to submit amendments to the State Language Law with the aim to allow the police and border guards to send evidence/testimonies to the Prosecutor's Office or to the court without a translation till January 1, 2004. Otherwise, the police would need approx. LVL 1,620,000 (€2,613,000) for translation in 2002. Nevertheless, the proposal was rejected.

Article 11

1. The Parties undertake to recognize that every person belonging to a national minority has the right to use his or her surname (patronym) and first names in the minority language and the right to official recognition of them, according to modalities provided for in their legal system.

2. The Parties undertake to recognize that every person belonging to a national minority has the right to display in his or her minority language signs, inscriptions and other information of a private nature visible to the public.

3. In areas traditionally inhabited by substantial numbers of persons belonging to a national minority, the Parties shall endeavor, in the framework of their legal system, including, where appropriate, agreements with other States, and taking into account their specific conditions, to display traditional local names, street names and other topographical indications intended for the public also in the minority language when there is a sufficient demand for such indications.

Paragraph 1

Section 19 of the State Language Law (1999) states:

“(1) Personal names shall be reproduced in accordance with the Latvian language traditions and shall be transliterated according to the accepted norms of the literary language while observing the requirements of paragraph 2 of this Section.

(2) In a person's passport or a birth certificate, the person's name and surname reproduced in accordance with Latvian language norms may be supplemented by the historical form of the person's surname or the original form of the person's name in another language transliterated in the Latin alphabet if the person or parents of a minor so desire and can provide verifying documents.

(3) Spelling and identification of names and surnames, as well as spelling and use of the Latvian language for personal names from other languages, shall be prescribed by the Cabinet of Ministers regulations.”

On May 23, 2002 the Saeima adopted the new Law on IDs that came into force on July 1, 2002. The new law, as well as the legislation in force before, provides that personal names and surnames must be written in documents according to the grammar of the Latvian language. The original form of a personal name in Latin transliteration can be written on the fourth page in a passport (page 14 according to the legislation in force before). The original form will not be recorded in identification cards.

Paragraph 2

The legislation currently in force does not prohibit to display inscriptions and other information of a private nature visible to the public in minority languages.

The requirements prescribed by Section 21 of the State Language Law (1999) for private business are the following:

“(7) If a foreign language is used along with the state language in information, the text in the state language shall be in the foreground and shall not be smaller in size or less complete in content than the text in the foreign language.”

Paragraph 3

The current legislation provides for all place names, street names and other topographical indications to be in the state language only (Section 18 of the State Language Law (1999), Regulations of the Cabinet of Ministers “On creating, spelling and usage of place names, names of institutions, non-governmental organizations, companies (enterprises) and titles of events” (issued in August 2000)). The only exception is given to the so-called “Liv coast,” where Liv place names can be used alongside Latvian ones.

Article 12

1.The Parties shall, where appropriate, take measures in the fields of education and research to foster knowledge of the cultures, history, language and religion of their national minorities and of the majority.

2.In this context the Parties shall inter alia provide adequate opportunities for teacher training and access to textbooks, and facilitate contacts among students and teachers of different communities.

3. The Parties undertake to promote equal opportunities for access to education at all levels for persons belonging to national minorities.

Paragraph 1

Language legislation in Latvia aims at safeguarding the status and role of the state language within the society. There are no state-supported programs fostering knowledge of cultures, history, language and religion of Latvia's national minorities. Teaching of subjects related to a minority identity is allowed within “minority education programs” meant for pupils of minority schools (Section 41, par. 2 of the Education Law (1998)).

Implementation

The main body organizing studying of the state language is the National Program for Latvian Language Training. The Program was elaborated with an active participation of the UNDP Office in Latvia and was approved by the Cabinet of Ministers in late 1995.

The main task of the Program has been to teach Latvian to minority schools' teachers to enable them to teach minority pupils in the state language. The Program also teaches Latvian to adults, develops language study materials for non-Latvians, elaborates examination standards and promotes Latvian in the media. The Program also organizes summer integration camps and events in the media with the aim to promote a dialogue and cooperation between ethnic Latvians and minorities. From its start, mainly foreign donors supplied the program's budget (approximately €23,9 million), while the Latvian share of funding was to increase gradually.

However, assistance in Latvian language learning offered by this program is limited to a very narrow audience.

Paragraph 2

Latvia does not provide a specific training for the teacher of minority schools. Students of a minority origin are trained together with Latvian students and this training is designed for the majority (Latvian) schools and classes, and generally does not take into consideration the peculiarities of teaching in minority schools and classes. One group of students (approximately 30 persons) is prepared annually at the Slavonic Philology Department at the University of Latvia.

Training of Latvian language teachers for minority schools practically ceased in the early 1990s, and in autumn of 2000, 536 pupils in minority schools were not taught the Latvian language at all, because of a lack of teachers.

According to the current legislation, teachers in all public schools, including minority ones, are required to speak the state language at the highest level of proficiency. The State Language Law (1999) requires that all staff meetings in public (also minority) schools must be conducted in the state language (Section 7).

School-age population compared to the body of pupils

Sources: Data on population of 5 to 19 years of age, Results of the 2000 Population and Housing Census in Latvia, the Central Statistical Bureau of Latvia (Riga, 2002, pp.61, 165, 166).

*Data on pupils of daytime elementary, primary and secondary schools, academic year 2001/2002, Statistics Department of the Ministry of Education and Science.

Minority representation within the staff and the student body of universities in Latvia (in percents)

Source: Pabriks, Occupational Representation and Ethnic Discrimination in Latvia, Riga, 2002, p.36.

Article 13

1.Within the framework of their education systems, the Parties shall recognize that persons belonging to a national minority have the right to set up and to manage their own private educational and training establishments.

2.The exercise of this right shall not entail any financial obligation for the Parties.

The right to establish and manage private education and training establishments is recognized in Latvian legislation. The 1998 Education Law entitles private physical and legal persons to found private schools (Section 23, par. 3). The Law also determines that education in languages other than Latvian can be conducted in private education establishments (Section 10, par. 2).

Number of private schools and pupils in private schools, 2001/2002 academic year (including elementary, basic and secondary schools)

*r.d. = Rural district

Article 14

1.The Parties undertake to recognize that every person belonging to a national minority has the right to learn his or her minority language.

2.In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if there is sufficient demand, the Parties shall endeavor to ensure, as far as possible and within the framework of their education systems, that persons belonging to those minorities have adequate opportunities for being taught the minority language or for receiving instruction in this language.

3.Paragraph 2 of this article shall be implemented without prejudice to the learning of the official language or the teaching in this language.

The legislation in principle recognizes the right of persons belonging to minorities to learn their language and to develop their ethnic and cultural identity (Article 114 of the Constitution).

However, according to the 1998 Education Law, after 2004 all public secondary and vocational educational institutions must be only in the state language (Paragraph 9, sub-paragraph 3 of Transitional Provisions of the Education Law), while existing primary minority schools have to be transformed into bilingual schools.

The Education Law permits, but does not guarantee, education in minority languages in two instances: 

• In private schools (currently attended by less than 1 percent of students)

• In state and municipal education establishments where minority education programs are being implemented (Section 9, par. 2 of the Education Law).

The Ministry of Education is authorized to determine the subjects, which will be taught in the state language within minority education programs (Section 9, par. 2 and Section 41, par. 3 of the Education Law). A separate General Education Law (1999) allows for general secondary education programs to be combined with “minority education programs, including teaching minority languages and subjects related to the identity of a minority and the integration of the society of Latvia” (Section 42, par. 2). However, this provision leaves the matter of education in minority languages to the discretion of officials of the Ministry of Education.

The 1998 Education Law requires local governments to assume responsibility for pre-school, primary and secondary education, but does not require local governments to establish and/or maintain minority schools/classes if minority parents request so. Moreover, about a half of persons belonging to minorities do not have voting rights in the local elections, and therefore do not have any influence over decisions taken by local governments, including the decisions concerning education of minority children.

The Education Law stipulates that orphans shall receive education in the state language (Section 56, par. 2). In practice this means that an orphaned child whose education began in a different language must be transferred to a Latvian-language school, regardless of a grade or an age.

Number of schools and pupils by language of instruction (Including daytime and evening (shift) schools)

*Mixed schools include two separate streams of education: Latvian and Russian.

**Data on pupils in evening (shift) schools in 1991/1992 and 1992/1993 were not included.

Pupils in schools with language of instruction other than Latvian or Russian, 2001/2002 academic year*

*According to the Ministry of Education and Science, schools and classes of other minorities (Estonian, Jewish, Lithuanian and Roma) use predominantly Latvian or Russian as a language of instruction. Accordingly, data on pupils of such schools and classes are included into the data on schools and classes with the Latvian or Russian language of instruction.

**r.d. = Rural district

Source: Report on the implementation of the Framework Convention for the Protection of National Minorities in the Republic of Latvia prepared by the Latvian Human Rights Committee (F.I.D.H.), Riga 2002, http://www.minelres.lv/coe/report/Latvia_NGO.htm

¹ Report on the public survey "On the Way to a Civic Society - 2000", the Baltic Institute of Social Sciences, Riga, 2001

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Updated (July 2004)

RESERVATIONS ABOUT THE POSSIBLE RATIFICATION OF THE FCNM

The former director of the State Language Center, Dzintra Hirsa, spoke about the possible ratification of the Framework Convention for the Protection of National Minorities in Latvia. She believes that Russians cannot be regarded as a national minority, because this new quasi-minority, constituting 34 percents of the population, was created politically during the Soviet occupation. Historically there were only 8 percent of Russians living in Latvia.

According to Hirsa, the Russians do not identify with the role of a national minority. Thus the education reform, language policy and not granting various rights to those, who are not entitled to them, are only some defense mechanisms for weakening the consequences of the occupation. By ratifying the Convention Latvia would officially recognize the Russians as a national minority in Latvia.

The Secretariat of the Special Tasks Minister for Society Integration believe that the Convention can be ratified with one reservation regarding Paragraph 3 of Article 11, which stipulates that in areas, traditionally inhabited by substantial numbers of persons belonging to a national minority, the traditional local names, street names and other topographical indications have to be displayed also in a minority language when there is a sufficient demand for such indications.

According to the Head of the Saeima Subcommittee on Social Integration, Andris Berzins, the committee will not take any decision regarding the possible reservations, before the agreement on a definition of the term “minority” is formulated and adopted. The Secretariat has developed three definitions: 

• The first one stipulates that certain ethnic groups – Russians, Belarusians, Ukrainians, Poles, Lithuanians, Jews, Roma, Germans, Estonians and Lives - should be recognized as national minorities.

• The second definition stipulates that the representatives of national minorities are entitled to be called “minority” if they meet certain requirements (they are the citizens of Latvia; live permanently in the territory of Latvia and maintain long-term and sustainable links with Latvia; differ according to the ethnical, cultural, religious or linguistic features and want to preserve their culture, religion and language

• The third definition stipulates that the national minorities are both citizens and non-citizens, who conform to the other requirements mentioned in the second definition.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, June 22 and July 6, 2004, Latvijas Avize

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Updated (August 2004)

Newspapers in Latvia continue to discuss a possible ratification of the Framework Convention for the Protection of National Minorities.

The head of Saeima Foreign Affairs Committee, Aleksandrs Kirsteins, believes that the ratification of the Convention is possible only if Russia recognizes the occupation of the Baltic States and if the rights of national minorities are not granted to persons, who "arrived in Latvia by tanks". According to Kirsteins, the term "national minority" should cover either an ethnic group living in Latvia for several centuries, which differs from the language, culture and traditions of the core nation or an ethnic group, which needs the additional protection because it does not have its own home country.

The Head of the Saeima Human Rights and Public Affairs Committee, Ina Druviete, believes that Latvia should not ratify the Convention while protest actions against the education reform take place.

The Minister of Foreign Affairs considers the ratification of the Convention possible if it promotes societal integration, while the Special Tasks Minister for Societal Integration believes that the ratification of the Convention would promote societal integration because the Convention could become a framework for the dialogue between the state and national minorities as well as between the state and the European Union.

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

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Updated (November 2004)

Following the recommendations of the OSCE High Commissioner on National Minorities, Rolf Ekeus, a discussion about ratification of the Framework Convention for the Protection of National Minorities has been launched in Latvia.

The High Commissioner believes that Latvian social environment favors the ratification; however, he admits that the Convention could be adopted with few reservations.

The Head of Saeima Human Rights and Public Affairs Committee, Ina Druviete, initially claimed that Latvia should not ratify the Convention until its goals are clear to all people and until minorities have objections to education in the state language.

On the other hand, the leader of People's Harmony Party, Janis Jurkans, believed that the ratification of the Convention could reduce tension in the society. He stressed that it is important to grant older persons the right to communicate with municipalities in their native language and to teach the state language at schools not "with a stick" but through an agreement among schools, parents and municipalities.

However, a journalist of the Russian-language newspaper "Chas" stated that Latvia will not ratify the Convention in the nearest future, because politicians are afraid of paragraph 15, stipulating that the Parties shall create the conditions necessary for the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs, in particular those affecting them.

The situation changed after the call of the President of Latvia, Vaira Vike-Freiberga, where she asked the parties to express clearly their stance towards the ratification of the Convention. Thus the majority of the right-wing political parties represented in Saeima, which were previously against the ratification, have revaluated their attitudes.

Representatives of the New Era and the People's Party — Ina Druviete and Artis Pabriks — stated that the Convention should be ratified with two reservations: only Latvian should be used on the plates of street names and in communication with municipalities.

The representative of the First Party, Nils Muiznieks, is convinced that the Convention should be ratified with one reservation: only Latvian should be used on the plates of street names, places, etc.

For Fatherland and Freedom/LNIM is the only potential coalition party, strictly refusing ratification of the Convention.

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, October 14 and November 23, 2004, Neatkariga Rita Avize, Chas, Diena

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Updated (June 2005)

In the middle of April 2005, the Special Assignments Minister for Social Integration, Ainars Latkovskis, stated that Latvia could ratify the Framework Convention for the Protection of National Minorities with the same reservations as those made by Estonia. 

Estonia described the members of national minorities as the citizens of Estonia who reside on the territory of Estonia, maintain longstanding, firm and lasting ties with Estonia, are distinct from the Estonians on the basis of their ethnic, cultural, religious or linguistic characteristics and who are motivated to preserve their cultural traditions, religion or language, which constitute the base of their common identity. 

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, April 20, 2005, Telegraf 

RATIFICATION OF THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES 

On May 26, 2005 Saeima finally ratified the Framework Convention for the Protection of National Minorities. 

The Convention was adopted with the two previously developed reservations - regarding the use of minority languages in communication with municipalities and in street signs. The minority definition was also slightly changed. 

The newspaper "Diena" notes that the minority definition adopted by Latvia is one of the most liberal in Europe. It provides that persons who are not citizens of Latvia or any other country may also enjoy the rights guaranteed by the Convention. 

Sixty-four MPs voted for ratification, while nine voted against it. 

Source: Integration and Minority Information Service of the Latvian Center for Human Rights and Ethnic Studies, May 27 2005, Diena, Neatkariga Rita Avize, Latvijas Avize, Vesti Segodnya, Chas, Telegraf

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Updated (August 2008)

LAShOR'S SHADOW REPORT ON THE IMPLEMENTATION OF THE ECRML IN THE FIELD OF MINORITY EDUCATION

In a shadow report on the Implementation of the ECRML, the Association for Support of Schools with Russian Language of Instruction (LAShOR) expresses their point of view on minority education in Latvia and points out to the obstacles the Russian minority in particular faces.

In the report, they criticize the reduction of instruction in Russian and the increase of instruction of children with Russian as their mother tongue in the Latvian language.

The present composition of instruction languages in primary and secondary school is the consequence of the Programme of Education Transition to the State (Latvian) language that was developed by Ministry of Education and Sciences (MES) in 1998.

As a result of the transition, the LAShOR states, the state-guaranteed right of persons belonging to national minorities to study in the native language was eliminated from the Education Law and from the Law on Languages. The legal status of schools with the Russian language of instruction has changed to the status of schools with educational programs for national minorities.

At present, general secondary education for national minorities should be given mainly in Latvian. The Article 9, part 3 of the Education Law Transitional Provisions stipulates: “The State general secondary education standard, the State professional standard and the State professional secondary education standard shall specify that the acquisition of the content of studies in the official [here, Latvian] language shall be ensured for not less than three-fifths of the total teaching hour-load in the academic year, including foreign languages, and shall ensure with the minority language, the acquisition of identity and culture associated studies content in the minority language.” So this means that in secondary schools and in minority schools in particular, 60 percent of studies shall be implemented in Latvian, and up to 40 percent in the minority language.

The bilingual education is experienced within general primary educational programs for national minorities although teaching in Latvian intensifies at each primary education level to ensure students are able to study mostly in Latvian later in secondary school.

According to the LAShOR, the paragraph 163 of the State Report on the Implementation of the ECRML misleads affirming that state-funded educational programs in Latvia are implemented in eight national minority languages. In fact, there are only two of them that can be regarded as languages of instruction - Russian and Polish. The other six are taught predominantly at particular language lessons.

Closure of Schools

Another problem tackled in the LAShOR's report is a constant closure of schools due to the birth rate reduction in 80s and 90s and thus to the decrease in the number of school students in Latvia. It relates to both majority and minorities' schools.

Meanwhile, the statistics of MES proves that the overall amount of schools with Latvian language of instruction (Latvian schools) remains more or less the same, whereas the number of schools with Russian language of instruction (Russian schools) decreases every year. Latvian schools are established anew either by dividing the existing schools or by allocating new schools out of them; this is not the case of Russian schools.

The reason is that a legal determination of Latvian and non-Latvian schools is different. The Education law ensures that “Education shall be acquired in the official [Latvian] language in State and local government education institutions” (Article 9, part 1). “Education may be acquired in another language in State and local government educational institutions in which educational programs for ethnic minorities are implemented.” (Article 9, part 2, paragraph 2). Therefore, a local government takes a decision whether a minority school is necessary.

The reduction of the number of school students who study in Russian has been determined by the choice of their parents, too. Minority parents prefer to send their children to Latvian schools sometimes in order to provide the command of the Latvian language undoubtedly for them rather than to experience in the Russian school under reformation.

The report concludes that the closure of Russian schools is going to remain an irreversible process in Latvia until legal guarantees are given to instruction in Russian and the institution of non-citizenship is abolished.

Source: Council of Europe, Human Rights and Legal Affairs, Country Specific Documents, Latvia - 1st cycle of shadow/alternative reports, Comments by LAShOR, the Association for Support of Schools with Russian Language of Instruction in Latvia, on Implementation of the Framework Convention for the Protection of National Minorities in Latvia, July 2008 http://www.minelres.lv/coe/report/Latvia_ShadowReport_LAShOR_2008.pdf

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