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Resolution 1527 (2006)
Rights of national minorities in Latvia
1. Latvia has specific demographic
features relating to the ethnic make-up of its population, as well
as a specific policy towards national minorities and inter-ethnic
relations, and has, for these reasons, been a centre of attention
both at the Council of Europe since it joined in 1995 and in other
international organisations. Of the 2.3 million inhabitants, 59%
are Latvians and 41% are from different ethnic minorities, Russians
making up 28.5% of the whole population. Given the multi-ethnic
and multicultural character of Latvian society, the establishment
of a cohesive society and a reliable civic nation raises enormous
challenges.
2. This demographic situation is compounded by a legal peculiarity:
about one-fifth of the resident population, or 418 440 people according
to the figures as at 1 February 2006, have no nationality whatsoever, whether
Latvian or other, even though they were Latvian residents and Soviet
nationals when the country became independent. These non-citizens
feel discriminated against, relegated to the fringes of society
and humiliated, sometimes for reasons connected with the realities
of their existence (not least the differences between their rights
and the rights of Latvian citizens) or for psychological reasons
(understandably characteristic of former majority populations that
have become minorities).
3. This particular legal situation stems from the manner in which
the country regained its independence in 1991 in the context of
the dissolution of the Soviet Union. Technically, independence was
the result of a referendum and parliamentary elections – held within
the framework of the modernised Soviet legislation – during which
a vast number of the people belonging to different minorities voted
for independence and supported the opposition People’s Front party.
However, in substance, Latvia’s return to independence was based
on the principle of continuity between the old Latvian state that
had existed before it became part of the Soviet Union and the current
post-Soviet Latvian state, and not on the principle of the present
Latvian state being one of the direct successors to the former Soviet
Union.
4. In these circumstances, what remains to be done is to establish
a modern Latvian nation that is both civic and multicultural. The
specific nature of this task inevitably affects the equally specific
way in which inter-ethnic relations, the status of minorities and
intercultural integration are developing and perceived in Latvia.
The Parliamentary Assembly considers that it should establish its
requirements in respect of Latvia in the light of this specific
situation, balancing full respect for common European standards
with the need for achieving a coherent and cohesive society and
Latvian state.
5. In matters of state succession, citizenship is one of the
sensitive questions which underlie all problems related to the status
of minorities. According to the Council of Europe’s legal instruments,
statelessness should be avoided and anyone who, at the time of state
succession, had the nationality of the predecessor state, has the
right to nationality. The Assembly is of the opinion that, regardless
of the reasons for which one state was succeeded by another, the
principle to be respected is that of free choice in respect of their
new citizenship for the nationals of the predecessor state. Reasonable
doubts as to the loyalty of some citizens of the predecessor state
towards the successor state cannot be grounds for denying their
right to free choice of citizenship (nationality), but can only
be an argument for applying “lustration” procedures, albeit always
in compliance with the human rights of those concerned, as stated
in Resolution 1096 (1996) of the Parliamentary Assembly on measures to dismantle
the heritage of former communist totalitarian systems. Furthermore,
when state succession takes place in the context of a liberation
process, only those who, as representatives of the predecessor state,
violated the human rights of those who supported the self-determination
process which led to the formation of the successor state, may be
exempted from the free choice of citizenship (nationality).
6. The existence and coexistence of various ethnic, cultural
and linguistic communities in a society in search of criteria for
national cohesion, and the weight of the contemporary historical
context, which dominates to a great extent the collective consciousness
and public opinion, often transform inter-ethnic relations and the status
of minorities, despite efforts to foster inter-ethnic integration,
into a source of mutual incomprehension and distrust among ethnic
groups, to which all sides contribute. These factors have also fuelled
domestic and international policy debate over the situation of minorities
in Latvia and in the neighbouring Russian Federation for over a
decade. The Assembly itself has addressed the issue on numerous
occasions (for example, in its Resolution 1236 (2001) on honouring of obligations and commitments by Latvia).
7. The issue of national minorities’ rights must be broached
in its political, social and historical context, and it is necessary
to consider how the principles, values and standards upheld by the
Council of Europe, which are designed as a universal model, should
apply in order to achieve the objective of encouraging balanced inter-ethnic
coexistence, the integration of the various communities in society
and, over and above that, the development of a country united by
a common vision of the future. The Assembly considers that the ultimate objective
of policy towards minorities is the cohesion of society and inter-ethnic
coexistence based on respect for diversity and a system of rights,
obligations and responsibilities negotiated in a rational and constructive spirit
by those directly concerned.
8. The Assembly notes that Latvia has undertaken to comply with
the Organisation’s existing standards, principles and requirements
as laid down, in particular, in the European Convention on Human
Rights (ETS No. 5) and the European Court of Human Right’s case
law, as well as the Framework Convention for the Protection of National
Minorities (ETS No. 157). The ratification by Latvia of the Framework
Convention in 2005 was a welcome development. The supervision systems
of these conventions and the European Court of Human Rights, whenever
appropriate, should monitor their implementation and assess their
application in Latvia, thus providing the only legitimate international
guarantee for the protection of minorities, free of any partisan
interest or biased political motivation.
9. The Council of Europe, along with other international organisations,
has drawn up a set of general guidelines providing a framework for
the rights of national minorities. The Assembly considers that member states'
policies in this field should be in keeping with this overall framework.
Compliance with the Council of Europe’s general recommendations
should therefore be assessed and achieved in the specific context
of each state. It is therefore important that these recommendations
should be translated into legal provisions by means of a constructive
domestic policy and dialogue involving the various parties directly
concerned. As long as the political will to comply with these recommendations
exists, the Council of Europe's role must be to encourage the successful
completion of this process and offer its expertise. In the case
of Latvia, despite the delays and hesitations observed, it cannot
be denied that the political will is progressing. The Assembly hopes
that those delays and hesitations will not hinder the expected further
progress of that political will or slow it down.
10. The Assembly believes that genuine and constructive efforts
must continue to be made by all sides to resolve the statelessness
issue as effectively as possible, by means of both a naturalisation
policy and measures to back up this process, such as information
and awareness campaigns. The Assembly welcomes the fact that the
approach applied so far has reduced the percentage of non-citizens
from 29% to 18% in the space of ten years. In the present circumstances,
the naturalisation of individuals appears to be a lasting solution
to the problem of statelessness. However, the Assembly notes that
the percentage of non-citizens in the population is still rather
high and it is concerned by the fact that the rate of naturalisation
has recently fallen.
11. The Assembly considers that the naturalisation regulations
adopted in Latvia do not raise insuperable obstacles to the acquisition
of Latvian nationality and that the applicable procedure does not
entail any requirements that are excessive or contrary to existing
European standards. However, when it comes to the very specific
situation of non-citizens, which is unprecedented and therefore
lacks a reference framework of European norms or practices, the
Assembly considers that further improvements are possible to avoid unnecessary
requirements for the acquisition of Latvian nationality. At the
same time, the Assembly encourages people residing in Latvia who
do not yet have Latvian citizenship, especially those who have been reluctant
to apply for naturalisation, to do so as soon as possible.
12. In this context, the Assembly notes the concerns expressed
by the Organization for Security and Co-operation in Europe’s (OSCE)
international observers with regard to the parliamentary elections
of 7 October 2006, namely that “the fact that a significant percentage
of the adult population does not enjoy voting rights represents
a continuing democratic deficit”. Thus, an important step towards
greater inclusion of minorities would be granting non-citizens the
right to vote at least in local elections, as advocated by the Assembly.
13. In order to encourage national cohesion and foster stability
of the state, the Assembly considers, in the light of existing standards,
that the Latvian Government authorities, the country’s political
leadership and Latvian civil society should devise means of integrating
the members of the ethnic minority communities. This includes ensuring
their participation in central and local policy making.
14. In this context, the Assembly believes that an official road
map formulated by the Latvian Government and agreed with the representatives
of the minorities, fixing steps towards the full implementation
of the best European practices in the field of minorities’ rights
and inter-ethnic integration, should be adopted. The speed of implementation
of the measures included in such a road map should be accelerated
following progress in the consolidation of the Latvian state and
civic nation.
15. Issues of education and language are among the most delicate
in the context of national minorities. Each country should devise
an education policy that is receptive to the integration of the
various communities and the promotion of linguistic diversity. That
is the declared goal of the education reform currently under way
in Latvia and the Assembly welcomes all progress made in that direction.
However, the concern of the minority communities which allege that
the new policy has resulted in a deterioration of the quality of
education, should be properly addressed by means of intensive and
structured dialogue between the authorities and the minorities’
representatives. In order to ensure a high quality of teaching and
thus guarantee the competitiveness of young people belonging to
minorities in today’s globalised world, targeted measures should be
taken to reconcile the objective need and the constitutional obligation
of mastering the official language as an element of cohesion of
the civic state with bilingualism and flexibility in terms of choice
and percentage of subjects taught in the mother tongue.
16. The possibility for minorities to communicate with the authorities
in their native language in places where they live in substantial
numbers would, as best practice in Europe bears witness, give an
immense boost to the integration of minorities and to the creation
of a climate of dialogue and mutual understanding. The Latvian authorities
might consider making appropriate amendments to existing legislation
in this respect. Such amendments should be carried out to promote
confidence between minorities and the majority, in such a way as
not to threaten the status of the Latvian language which is already
well established in Latvia as an element of identity and as a general
means of communication of the civic and not of an ethnic state.
17. The Parliamentary Assembly therefore invites the Latvian authorities
to:
17.1. ratify, as soon as possible,
Protocol No. 12 to the European Convention on Human Rights, which lays
down a general prohibition on discrimination (ETS No. 177);
17.2. sign and ratify the European Charter for Regional or Minority
Languages (ETS No. 148);
17.3. implement the Framework Convention for the Protection
of National Minorities in good faith and to consider withdrawing
the two declarations recorded in the instrument of ratification,
concerning Articles 10.2 and 11 of the framework convention, in
line with Assembly Recommendation
1766 (2006) on the ratification of the Framework Convention for
the Protection of National Minorities by the member states of the
Council of Europe;
17.4. elaborate and adopt, with the co-operation of the European
Commission for Democracy through Law (Venice Commission), legislation
which will guarantee the prohibition of any discrimination on ethnic grounds
and lead to real equality between all ethno-cultural communities
living in Latvia, be they from the majority or from minorities,
while eliminating the possibility of any one community equating
itself with the state to the detriment of the others;
17.5. consider all possibilities and explore all appropriate
ways leading to the implementation of the pertinent recommendations
made by the Assembly, the Council of Europe Commissioner for Human Rights,
and by relevant OSCE and United Nations bodies, in order to grant
voting rights at local elections to all permanent residents;
17.6. consolidate relations among ethnic communities and intercultural
dialogue on the basis of the principle of effective participation
as enshrined in Article 15 of the framework convention and, towards this
end, reconstitute the Minority Consultative Council attached to
the President of Latvia in order to carry out constructive co-operation
with non-governmental organisations and representative associations;
17.7. continue their awareness-raising campaign in order to
further the policy for the acquisition of Latvian nationality by
naturalisation, particularly among the workforce and young people;
17.8. consider automatically naturalising people who are elderly,
as well as those born in Latvia or having made a worthwhile contribution
to the establishment of the newly independent Latvian state;
17.9. avoid requirements that can undermine the ethnic and cultural
dignity of those applying for naturalisation, by asking them to
express convictions that are contrary to their reading of the history
of their cultural community or nation;
17.10. consider making the conditions attached to the existing
naturalisation procedures more flexible in order to increase the
rate of naturalisation and to speed up the process;
17.11. devise and introduce means of encouraging and guaranteeing
the civic integration of ethnic communities, including their integration
in the political process and the public service, and, inter alia:
17.11.1. to amend legislation so as to make it possible to use
the minority language in relations between national minorities and
the administrative authorities in areas where they live in substantial
numbers;
17.11.2. to review the existing differences in rights between citizens
and non-citizens with a view to abolishing those that are not justified
or strictly necessary, at least by providing non-citizens with the
same rights as are enjoyed by nationals of other European Union
member states within the Latvian territory;
17.12. continue their efforts to implement their policy as regards
education, the fostering of respect for diversity and the promotion
of linguistic diversity, in a spirit of openness; to implement education legislation
and consider amending it, whenever necessary, in accordance with
the provisions and spirit of the Framework Convention for the Protection
of National Minorities and with due regard for relevant Council
of Europe recommendations, in particular to ensure adequate training
for teachers able to teach subjects in minority languages.
18. The Assembly also asks the various Latvian political players
to refrain from making speeches based on intolerance, racism or
hatred and from exploiting inter-community tensions for purely political
purposes. It recalls Resolution
1495 (2006) on combating the resurgence of Nazi ideology and Resolution 1481 (2006) on the need for international condemnation of crimes
of totalitarian communist regimes and hopes that the Latvian authorities
will continue to adopt a strict stance with regard to attempts to
justify crimes committed in Latvia by Nazi troops and the totalitarian
communist regime.
19. The Assembly calls upon the European Union to ensure that
the status of the minorities and the progress of inter-ethnic integration
are ensured at the highest level in all its member states. One concrete
step in this direction would be to grant non-citizens residing in
Latvia the same rights as are enjoyed by European Union citizens
across the Union.
20. Lastly, the Assembly, in the light of the history of Russo-Latvian
relations and the importance for Latvia, at present and in the future,
of a nearby market and culture as important as those of the Russian
Federation, in respect of which the Russian minority can serve as
a bridge, considers that progress towards social reconciliation
and inter-ethnic integration in Latvia could be greatly facilitated
by relaunching bilateral political dialogue between Latvia and the
Russian Federation. The Assembly proposes that high-level contacts
be established between the Latvian and Russian Governments, as part
of a neighbourly relations policy, which has yet to be established
in the region.