6 October 1994

Doc. 7169

1403-5/10/94-3-E

REPORT

on the application by Latvia

for membership of the Council of Europe

(Rapporteur: Mr ESPERSEN,

Denmark, Socialist Group)1


Summary

      With the Declaration of Independence of 21 August 1991 and the reinstatement of the 1922 Constitution, a framework for parliamentary democracy in Latvia was restored. In September 1991 Latvia applied to join the Council of Europe. Following observation of elections held on 5 and 6 June 1993, it was agreed by the rapporteurs of the Parliamentary Assembly that there remained outstanding the question of a law on citizenship and the definition by law of the rights and status of "non-citizens". A law on citizenship was adopted by the Saeima (Latvian Parliament) on 22 July 1994. A commitment was made by the Latvian Government (exchange of letters with the Secretary General, September 1994) "... to continue its consultations and co-operation with the Council of Europe" in implementing the law on citizenship and in drawing up a law on the rights and status of "non-citizens". On this basis, the Political Affairs Committee concludes that Latvia should be invited by the Committee of Ministers to join the Council of Europe and presents a draft opinion to this effect.

I. Draft opinion

1.       Latvia applied to join the Council of Europe on 13 September 1991. The Committee of Ministers asked the Parliamentary Assembly to give an opinion, in accordance with Statutory Resolution (51) 30 A.

2.       With the Declaration of Independence of 21 August 1991 and the reinstatement of the 1922 Constitution, a framework for parliamentary democracy in Latvia was re-established.

3.       Procedure in the Assembly was initiated by the Bureau's decision to commission a report on conformity of Latvia's legislation with general principles of the Council of Europe and the European Convention on Human Rights.

4.       Following visits by the rapporteurs of the three committees concerned (21-24 April, 10-12 June and 20-21 December 1992) and observation of the parliamentary elections on 5 and 6 June 1993, it was agreed that there remained outstanding the question of a law on citizenship and the definition by law of the rights and status of "non-citizens".

5.       Through the law on citizenship adopted by the Saeima (Latvian Parliament) on 22 July 1994, a major pre-condition for accession to the Council of Europe was fulfilled. Such was the conclusion of the rapporteurs following meetings in Riga from 3 to 5 August 1994. The law was approved by the President of the Republic of Latvia on 11 August 1994.

6.       A commitment has now been made by the Latvian Government (exchange of letters with the Secretary General, September 1994) "... to continue its consultations and co-operation with the Council of Europe" in implementing the law on citizenship and in drawing up a law on the rights and status of "non-citizens".

7.       The Assembly considers that this commitment means that the relevant laws and regulations should very soon enter into force and will be in line with generally accepted principles of the Council of Europe — notably as set forth in Protocols Nos. 4 and 7 of the European Convention on Human Rights and in the European Convention on Establishment.

8.       The Assembly welcomes the setting-up of a special parliamentary committee within the Saeima for monitoring application of the law on citizenship. It welcomes the planned establishment of a council — independent of government — for monitoring the observance of human rights, as an outcome of Latvia's national human rights programme.

9.       On the basis of

i.       Latvia's participation in various Council of Europe programmes,

ii.       Latvia's co-operation under several conventions and partial agreements, and

iii.       the participation of a "special guest" delegation from the Latvian Parliament in its proceedings since 18 September 1991, the Assembly considers that Latvia, in the sense of Article 4 of the Statute, is able and willing to fulfil the provisions for membership of the Council of Europe as set forth in Article 3: "Every Member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council."

10.       Accordingly, the Parliamentary Assembly, on the understanding that Latvia intends

      a.       to sign the European Convention on Human Rights at the moment of accession;

      b.       to ratify the European Convention on Human Rights and Protocols Nos. 1, 2, 4, 7 and 11 within a period which, by the terms of Assembly Resolution 1031 (1994), should not normally exceed one year from the time of accession;

      c.       to recognise, pending the entry into force of Protocol No. 11, the right of individual application to the European Commission and the compulsory jurisdiction of the European Court (Articles 25 and 46 of the Convention);

      d.       to sign and ratify the European Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment;

      e.       to study, with a view to ratification, the Council of Europe's Social Charter and to conduct policy along the principles set forth in this Charter and in Assembly Recommendation 1201 (1993) on the question of an additional protocol to the European Convention on Human Rights on the rights of national minorities;

      f.       to study, with a view to ratification, and to apply the central principles of other Council of Europe conventions — notably those on extradition, on mutual assistance in criminal matters, on the transfer of sentenced persons, and on laundering, search, seizure and confiscation of proceeds from crime;

      g.       to sign and ratify the General Agreement on Privileges and Immunities (and its additional protocol),

      h.       to seek to settle international disputes by peaceful means, as an obligation incumbent on all member states of the Council of Europe;

      i.       to co-operate in the implementation of Assembly Order No. 488 (1993) on the honouring of commitments entered into at the time of accession to the Council of Europe on issues related to the Organisation's basic principles,

Recommends that the Committee of Ministers:

i.       invite Latvia to become a member of the Council of Europe;

ii.       allocate three seats to Latvia in the Parliamentary Assembly.

II. Explanatory memorandum

by Mr ESPERSEN

Contents

Paragraphs

A.       Assembly procedure 1991-94       1 - 9

B.       Considerations of history, culture and demography       10 - 20

C.       Significance of the new law on citizenship (I)       21 - 34

D.       Significance of the new law on citizenship (II)       35 - 47

E.       Provisional conclusion       48 - 51

Annexes       [see list on page 12]

A. Assembly procedure 1991-94

1.       Latvia applied to join the Council of Europe on 13 September 1991.2 This followed the failed coup of August 1991 in Moscow, which foreshadowed the dissolution of the Soviet Union. On 17 September Latvia was admitted to the United Nations. On 18 September the Parliamentary Assembly gave "special guest status" to the Latvian Supreme Council.

2.       The Bureau of the Assembly set in train the preparation of a report on conformity of Latvia's legislation (and proposed legislation) with Council of Europe principles. The report3 by Judge de Meyer and Commissioner Rozakis, members of the European Court and Commission of Human Rights, formed an essential basis for the first visits of the rapporteurs (21-24 April and 10-12 June 1992). The main conclusion of the rapporteurs, presented to the three committees in a preliminary report (22 June 1992), was that a law on citizenship (this being understood to include the question of naturalisation) was required as the basis for parliamentary elections.

3.       However, the thesis4 prevailed in the Latvian leadership that the current Supreme Council, elected in March 1990 under Soviet laws, had no authority to enact laws on citizenship and naturalisation. A new parliament — or Saeima — would have to be elected, on the basis of the "body of citizens" defined in the reinstated Constitution of 1922.

4.       An analysis of this position was set forth in a memorandum by the Rapporteur of the Committee on Legal Affairs and Human Rights, further to a meeting in Riga of its Sub-Committee on Human Rights, 20 and 21 December 1992.

5.       At the invitation of the President of the Supreme Council, the Bureau of the Assembly set up an ad hoc committee to monitor the elections. They were held on 5 and 6 June 1993. Our observers reported positively in general terms. They noted, however, that over one-third of Latvia's inhabitants had been disenfranchised. Comparison was inevitable with the electorate (and the composition) of the outgoing Supreme Council, whose historic Declarations of 4 May 1990 on renewal of independence and on acceptance of over fifty international human rights instruments had justified our granting of "special guest status" in autumn 1991.5

6.       The report of our parliamentary observers concluded: "The only outstanding problem is the law on citizenship; we will have to wait until this law is adopted". It was thus expected that within reasonable time, reasonable opportunities would be offered for recovery of political rights by a reasonable number of those who had lost them by virtue of reinstatement of the 1922 Constitution.

7.       The newly-adopted Latvian Parliament, in a "first reading" procedure, approved the text of a law on citizenship on 25 November 1993. It was sent for appraisal to the Council of Europe and also to the High Commissioner for National Minorities of the CSCE. Comments of a group of experts convened by the Secretary General of the Council of Europe were sent to Riga on 25 January 1994.

8.       After many vicissitudes6 and some controversy, a law was finally passed on 22 July 1994 and promulgated by the President of the Republic. The Rapporteurs of the Political Committee and the Committee on Legal Affairs and Human Rights visited Riga from 3 to 5 August 1994. They present herewith their assessment and a provisional conclusion.7

9.       References to and extracts from documents mentioned are given in footnotes and in annex. They provide an important basis for the following brief exposition of our argument.

B. Considerations of history, culture and demography

10.       Latvia's population today is approximately 2,6 million, compared with 1,9 million in 1935. Following fifty years' incorporation into the Soviet Union, controversy focuses on the shift during this period in the proportion of ethnic Latvians to residents from different ethnic backgrounds. The former were 77% of the population in 1935. They are under 54% today. In Latvia's eight largest towns their proportion is lower.8

11.       For fifty years Russian was the lingua franca throughout the Soviet Union. Russian-speakers — inhabitants, residents, citizens, immigrants or soldiers — had virtually no incentive to learn Latvian. Latvian-speakers were obliged to learn Russian, and could only thus accede to the public service and certain professions. Hence a well-grounded fear for the survival of Latvian culture. It became one of the driving forces for Latvian independence. Inevitably, the movement for independence was coloured to some extent by the aspiration of Latvian ultra-nationalists to reverse substantially the fifty-year shift in proportions of ethnic Latvians to residents from other ethnic backgrounds.

12.       Latvian ultra-nationalists have persisted with a debate on the question to what degree the current proportion of residents from ethnic backgrounds other than Latvian to ethnic Latvians is "artificial". The term implies an "imbalance" which ought to be "redressed" for the sake of Latvia's "national survival".

13.       Moscow has riposted by linking withdrawal of ex-Soviet troops and equipment with the question of rights for Russian-speaking "non-citizens" and retired military personnel and their families.

14.       It is however unhelpful and unnecessary to dramatise the ethnic dimension of the demographic situation.9

15.       As of autumn 1993, citizenship was possessed by 36% of registered residents from ethnic backgrounds other than Latvian, and by 39% (that is about 277 000) of the 710 00010 registered ethnic Russians (of a population of approximately 870 000). Even under the citizenship rules derived from the 1922 Constitution, 360 000 "non-ethnic Latvians" had been able to vote in the June 1993 election — accounting for 28% of the electorate.11

16.       Fifty-six per cent of those from Russian ethnic backgrounds are native to the country in the sense that they were born there after 1940.12

17.       It is true, of course, at the level of aggregate numbers, that the situation today reflects fifty years of imposed movements of population into and out of the country.

18.       However, the fundamental concern of the Council of Europe is not with aggregate numbers. It is with relations between the individual and the authority of the state. Articles 1 and 14 of the European Convention on Human Rights provide that states secure to everyone within their jurisdiction the rights and freedoms guaranteed under the Convention and its protocols without any distinction based on nationality or ethnic origin. Insofar as laws on citizenship and naturalisation are presented as means to change the relative proportions of groups from different ethnic backgrounds, the aspiration for what is represented as Latvia's "national survival" diverges from the aspiration for democracy and human rights in the sense in which these terms are understood by the Council of Europe.

19.       Also, under general principles of international law, states are enjoined to avoid situations of "statelessness", to avoid any abrupt lowering of "acquired rights" of persons or groups of persons, and to see that there is no unreasonable measure of uncertainty or insecurity for persons in regard to their rights.13

20.       Accordingly, we assess the law on citizenship in Latvia from the standpoint of those persons who are "non-citizens" but nonetheless within the jurisdiction of the Latvian state.

C. Significance of the new law on citizenship (I)

21.       The formulations of the law adopted on 22 July 1994, in comparison with the texts approved on first, second and third readings (25 November 1993, 9 and 21 June 1994), represent a significant re-alignment with Council of Europe principles.

22.       In illustration, we cite two major criticisms of the earlier texts, which have now been taken into account. This followed reiteration of Council of Europe and CSCE positions and, ultimately, to referral back to parliament by the President of Latvia of the text adopted on third reading, for review, in accordance with Article 71 of the 1922 Constitution.

23.       The first of these criticisms was addressed to the apparent philosophy of the text approved on 25 November 1993. Its Article 9 defined the purpose of annual naturalisation quotas as being "... to ensure the development of Latvia as a single-nation state". To this end, the Cabinet of Ministers and the parliament were expected to take into account "the demographic and economic situation".

24.       Council of Europe experts commented: "... the retention of such phrases augurs badly for non-Latvian ethnic elements".14

25.       Their full commentary goes to the roots of the problem faced by the Latvian Parliament in seeking to reconcile not only conflicting political currents but conflicting philosophies having recourse to overlapping vocabularies, the terms of which necessarily stayed ambivalent. The following passages should be borne in mind by anyone taking part in our debate:

      "In western European legal terminology, nation would mean the body of citizens living within a state, irrespective of their belonging to different ethnic, or religious groups. In an eastern European legal tradition, nation is more commonly understood as the ethnic group which forms the predominant group with the state. [...]

      When a state proclaims national unity in its Constitution, it often carries the meaning of consolidation of existing ethnic and religious elements into a unified and loyal citizen body. In the Latvian draft, it appears that a different theorem is offered on the nature of the state and its relation to its ethnic constituents — that is that the state belongs to a particular ethnic group."15

26.       No subsequent text showed trace of such a theorem.

27.       The second criticism we cite, in order to illustrate Latvia's response, was directed to the method proposed for applying annual naturalisation quotas.

28.       Ninety per cent of the 700 000 "non-citizens" (as of December 1993) were estimated to wish to apply for citizenship.

29.       The November 1993 text was criticised as "vague" and "arbitrary" and as lacking any "at least approximate global time-framework during which all persons fulfilling the naturalisation requirements and wishing to become citizens could do so".16

30.       The June 1994 texts provided global time-frameworks, but only to the effect of leaving 300 000 persons having to wait for the year 2000 to become eligible — from which time naturalisation would be limited to an annual quota of 0,1% of the total number of Latvian citizens (that is under 2 000 persons per year).17

31.       In the course of June it was made clear — by the Council of Europe, the CSCE and the European Union — that such provisions were not in line with European standards.18

32.       In response, the law of 22 July 1994 provides — with the understandable exception of certain categories of persons such as those serving in the ex-Soviet armed forces or security services — for every person capable of fulfilling the naturalisation requirements to have the right to apply for citizenship, at latest as from year 2003.19

33.       We consider that the adoption of this law is a major step for Latvia towards becoming a member of the Council of Europe.

34.       We were assured during our talks in Riga from 3 to 5 August 1994 that there is no longer the prospect of this law being challenged and possibly annulled through a referendum under Articles 72 and 74 of the 1922 Constitution.20

D. Significance of the new law on citizenship (II)

35.       From our talks in Riga from 3 to 5 August we must, however, also conclude that the law of 22 July does little to improve the position of "non-citizens". They remain subject to personalised and unpredictable decisions at every level of government and administration — and hence in situations of continuing insecurity and uncertainty.

36.       Requirements for naturalisation include some measure of proficiency in the Latvian language and some knowledge of the Latvian Constitution.

37.       Both requirements have been stiffened as compared to their formulations in the text approved on 25 November 1993.21

38.       The requirements will be administered through commissions and under regulations still to be established by the Cabinet of Ministers.

39.       The nature of these regulations and the functioning of the commissions must be such as to dispel fears and suspicions among "non-citizens" of arbitrariness, unevenness and discrimination in naturalisation procedures.

40.       We have asked for the draft regulations to be made available to the Council of Europe.

41.       Persons who fail to meet requirements can re-submit applications after one year. Decisions against naturalisation by the Ministry of the Interior can be appealed to the courts. A special parliamentary committee will monitor implementation of the law.

42.       We welcome these provisions and have suggested that the activities of the parliamentary committee be open to international observation.

43.       Independently of their prospect or aspiration of becoming citizens, "non-citizens" also await a law defining their rights and status.

44.       As Council of Europe experts have pointed out, we are accustomed to see a relationship between a law on citizenship and a law on aliens.22 In the special context of Latvia, they observe:

      "The protection of the legitimate interests of non-citizens who were permanently residing in Latvia before it recovered its independence, and who had hitherto exercised all the rights then attaching to citizenship, demands that they granted, in general, the same basic rights as Latvians, including those with regard to residency, economic rights (including the right to own a flat or family house) and social rights."

45.       Thirty-two discrepancies between the rights and status of citizens as compared to permanently resident "non-citizens" were presented to us by the League of Stateless Persons.23 If accurate, they go beyond any degree of discrimination which is acceptable by Council of Europe standards — particularly in regard to freedom of movement, both within and into and out of the country.

46.       Decisions on registration of persons as temporary or permanent residents and on issuing of "re-entry visas" (which ought no longer to be required) appear to be taken arbitrarily by officials, and even in disrespect of court decrees.24

47.       We expect this situation to be remedied by a new law which should go before the parliament this autumn. We welcome the assurances we have been given about the character of this law. We have asked for a draft to be made available to the Council of Europe as soon as may be convenient.

E. Provisional conclusion

48.       The law on citizenship adopted on 22 July 1994 permits the re-engagement of our procedures in regard to Latvia's accession. We present hereunder some elements for the text of a draft opinion. The timing of a debate would depend on developments in relation to its final paragraph (reflecting paragraphs 40, 42 and 47 of this memorandum).

49.       In anticipation of hearing them yet again, we reject two commonly repeated arguments.

50.       It is not a valid argument to suggest we are being unfair to Latvia by not being so trustful and indulgent as to some countries which have recently joined us but in which the pace of development in the direction of Council of Europe principles is currently giving rise to some concern. The interest of our Organisation to all current and future members should be because of the prospect of our principles and values being sustained.

51.       Nor is it a valid argument to suggest that there could be some other — or indeed any — "trade-off" between a commitment to the considerations and principles set forth in paragraphs 18 to 20 above and a sympathetic understanding of Latvia's political history. We believe we have shown the depth of our sympathy for Latvia. For us — as is surely clear from the following paragraph (and subject to no unexpected reversal of the political situation) — it is now only the timing, not the principle of Latvia's accession which remains to be determined.

52.       Elements for inclusion in the text of a draft opinion

      Pursuant to Statutory Resolution (51) 30 A, the Committee of Ministers has asked the Parliamentary Assembly for an opinion on Latvia's request for accession to the Council of Europe.

      Further to visits by its rapporteurs and to observation of the parliamentary elections on 5 and 6 June 1993, there remained to be resolved the question of a law on citizenship and the definition by law of the rights and status of "non-citizens".

      Through the law on citizenship adopted by the Saeima (Latvian Parliament) on 22 July 1994, a major pre-condition for accession to the Council of Europe has been met.

      The Assembly,

—        having regard

      a.       to the implementing regulations of the law on citizenship,

      b.       to the procedures of the special parliamentary committee to monitor application of the law on citizenship, and

      c.       to the law defining the rights and status of "non-citizens" adopted by the Saeima on .........

      —re       commends that the Committee of Ministers invite Latvia to join the Council of Europe at the earliest opportunity.LI

LIST OF ANNEXES

1.       Committee of Ministers' Resolution (91) 22 of 20 September 1991 and Article 3 of the Council of Europe's Statute

2.       Conclusion of the report on human rights in Latvia by Mr J. de Meyer, Judge of the European Court, and Mr C. Rozakis, Member of the European Commission of Human Rights (20 January 1992)

3.       Constitutional basis for elections, 5 and 6 June 1993

(source: Human Rights Issues, publication of the Standing Committee on Human Rights (Fifth Saeima) 1993)

4.       Message of the Committee of Ministers of the Council of Europe to the Prime Minister (Acting Foreign Minister) of the Republic of Latvia, 20 June 1994

5.       Sections 4 (human rights), 5 (the press) and 6 (the courts) of the preliminary draft report to the Political Affairs Committee [Rapporteur: Mr Espersen] of 22 June 1992

6.       Sections 8 (media) and 9 (trade unions) of the information report on the elections in Latvia (5-6 June 1993)

[Rapporteur: Mr Ferrarini]

7.       Ethnicity of the population and percentage of ethnic Latvians in the ten largest towns 1935-93 [tables prepared for the international conference on Democracy and Ethnopolitics — Riga 1994 by the Head of the Population Section of the National Statistics Committee]

8.       Statements issued, respectively, by the CSCE Chairman-in-Office (26 July 1994) and the President of the Russian Federation (4 August 1994) in response to the adoption of the citizenship law of 22 July 1994

9.       Data on status, ethnicity and citizenship

[source: publication of the Standing Committee on Human Rights (Fifth Saeima) 1993]

10.       Introductory paragraphs to the Council of Europe expertise on the text of the citizenship law approved on "first reading" 25 November 1993

11.       Article 14 of the 22 July 1994 law on citizenship.

12.       Analysis of the practical implications of the 22 July 1994 law on citizenship [Diena 22 July 1994]

13.       Articles 71 to 75 of the 1922 Constitution providing for the holding of referenda

14.       Comparison of requirements for knowledge of the Latvian language and of the Constitution in the 22 July 1994 law as compared to the text approved on 25 November 1993

15.       Communication to the rapporteurs by the League for Stateless Persons: thirty-two discrepancies in status and rights of citizens and permanent resident non-citizens

Annex 1

COMMITTEE OF MINISTERS RESOLUTION (91) 22

AND ARTICLE 3 OF THE STATUTE

-------

Resolution (91) 22 on Latvia

(adopted by the Committee of Ministers on 20 September 1991

at a special meeting of the Ministers' Deputies)

      The Committee of Ministers,

      Recalling its decision, expressed at its 8th Session in May 1951, to consult the Parliamentary Assembly before inviting a state to become a member or associate member of the Council of Europe in conformity with the provisions of the Statute;

      Considering that the Government of the Republic of Latvia, in its letter of 13 September 1991 addressed to the Secretary General of the Council of Europe, expressed the wish to be invited to become a member of the Council of Europe and declared its readiness to respect the principles stated in Article 3 of the Statute;

      Having noted with satisfaction the interest shown by the Republic of Latvia in acceding to the Organisation,

      Invites the Parliamentary Assembly to express its opinion on the matter.

Article 3 of the Statute

      Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I.

Annex 2

CONCLUSION OF THE REPORT ON HUMAN RIGHTS IN LATVIA

BY MR J. de MEYER, JUDGE OF THE EUROPEAN COURT,

AND MR C. ROZAKIS, MEMBER OF THE EUROPEAN COMMISSION OF HUMAN RIGHTS

(20 janvier 1992)

------

      "In recent years, human rights and fundamental freedoms have been recognised and guaranteed in Latvia in several texts adopted by the Supreme Council of the Republic.

      Most of them are to be found in the Declaration of 4 May 1990 concerning the accession of the Republic of Latvia to certain international instruments and in the Constitutional Act of 10 December 1991 concerning the rights and duties of citizens and people.

      As to the definition of rights and freedoms, the protection afforded by these texts is comparable to that provided by the constitutional instruments of most Council of Europe member states and guaranteed collectively in the Council of Europe in particular by the European Convention on Human Rights.

      This protection has also been made explicit, more or less satisfactorily, as regards several rights and freedoms, in a number of individual Acts, particularly with regard to the legal situation of religious organisations and the cultural rights of nationalities and ethnic groups.

      The Supreme Council seems thus to have expressed the resolve of the Republic of Latvia to comply with the obligations incumbent upon the member states of the Council of Europe with regard to human rights and fundamental freedoms.

      It remains for the effective exercise of those rights and freedoms to be duly secured in practice by the Latvian authorities and more particularly by an independent and impartial judiciary. In many ways, this will entail acquiring new ways of thinking and acting.

      The most difficult problem is certainly that of citizenship. In this respect, the past represents a heavy burden: a profound gulf has grown between those who wish to rid themselves, more or less radically, of the demographic after-effects of a half-century of foreign domination and those who feel rejected by a country to which they have grown accustomed, in some cases over a very long period, to regarding as their own.

      The use of languages gives rise to difficulties of a similar nature.

      There are grounds for hoping that those who oppose each other on these difficult questions will learn to listen more to each other and to find the way to conciliation and that they will appreciate that wisdom bids them not to demand all nor to refuse all".

Annex 3

CONSTITUTIONAL BASIS FOR ELECTIONS, 5-6 June 1993

[source: publication of the Standing Committee on Human Rights,

(Fifth Saeima), 1993)]

Annex 4

Annex 5

HUMAN RIGHTS, THE PRESS & THE COURTS

22 juin 1992       AS/Pol (44) 11

POLITICAL AFFAIRS COMMITTEE

PRELIMINARY DRAFT REPORT [EXTRACTS]

on the application of Latvia

for membership of the Council of Europe

(Rapporteur: Mr Ole ESPERSEN, Denmark, Socialist),

in cooperation with Mr David LAMBIE (United Kingdom, Labour),

Rapporteur for opinion of the Committee on Relations with

European Non-Member Countries, and

Mr Friedrich VOGEL (Germany, Christian Democrat),

Rapporteur for opinion of the Committee on Legal Affairs

and Human Rights


.......

4.       The respect for human rights

4.1       As from the first day of its newly acquired independence the Republic of Latvia showed its sincere desire to respect fundamental rights and freedoms. Thus, in a declaration adopted on the date of its independence, the Supreme Council of Latvia proclaimed its accession to a great number of international human rights instruments including the international covenants of the United Nations on economic, social and cultural rights and on civil and political rights, as well as the final act of the Helsinki Conference and texts adopted subsequently by the Conference on Security and Co-operation in Europe. It was not made quite clear to us whether the UN covenants had been ratified but we were told that, shortly before our visits, the instruments of ratification had been deposited.

4.2       On 10 December 1991 the Supreme Council adopted a constitutional Act on the rights and duties of citizens and people which makes the distinction between rights and duties, which are equal to all, and those which apply but to citizens. Thus only citizens enjoy the guarantee not only of conventional, political rights, including the right to

vote,to be elected, the right of access to state office and the freedom to reside in Latvia and to return there, but also the right to own land and other natural resources, subject to exceptions determined by international treaties (article 9 of the Act). We feel these provisions are contrary to the spirit if not the text of the European Convention on Human Rights and might raise considerable problems in the future.

4.2       Yet, having said this, we would like to add that, during our visits we had discussions with the press (Chapter 6 below), lawyers, judges, trade unions and others and we feel that the country is making a serious effort to respect the principles which are so dear to the Council of Europe. Of course we could only get a cursory impression. To get a full picture of the respect for human rights in the country one would have to study much of its legislation and the practices of many official authorities. Such a study can only be made by serious and well equipped legal bodies such as the European Commission and Court of Human Rights. This would militate in favour of Latvia ratifying as soon as possible the European Convention on Human Rights and recognising the right to individual application but, before it may do so, it must become a member of the Council of Europe.

5.       The Press

5.1       Rather than holding a press conference and giving our observations on our visit - which we prefer first to submit to our respective committees - we decided to invite the press to a meeting to discuss its situation. The discussion was frank and free and attended by journalists and editors from different sides. The impression we got was that the written press was completely free and that the different papers were not linked to political parties. There was no censorship. The only problem which was mentioned was the need to obtain a licence from the Ministry of Justice. This licence was given automatically but the conditions for it were not known. We were told that everybody who had applied had been given a licence, and that the reason behind the system probably was to be sure to know the identity of the responsible editor. Having said this it appears that the biggest problem of the Latvian press today is its lack of experience and the economic situation. The inflation in Latvia is such that the prices are changing monthly and also concern the price of paper, equipment and, of course, of salaries. Papers are financed by subscriptions and sales in the street. There are no subsidies. One journalist mentioned that it was of course right that newspapers should not publish official secrets on the condition that one would define clearly what are to be considered official secrets.

5.2       As usual freedom of the press is much more difficult to guarantee in respect of radio and television than it is in respect of newspapers. There is one TV channel broadcasting in Latvian and another in Russian, but, of course, it is possible to receive Russian language channels from Russia itself. Until now radio and TV had been a state monopoly but they were in the process of privatisation. An independent TV station was about to start.

5.3       We found it interesting to hear that a number of underground stations are still in place. As there are 100 to 200 thousand Russian soldiers on their soil, Latvians apparently do not feel completely safe from the dangers of foreign interference.

6.       The Courts

6.1       We had discussions with judges and lawyers but still feel it is difficult to get a clear view of the workings of the courts. The Soviet system of justice remains in function. Judges and lawyers apply the laws of the Soviet Union, most of which have not yet been adapted to the Latvian situation. Latvia has now reintroduced the civil law of before 1940 but it is evident that major legislative reforms cannot be accomplished overnight. We assume that much will be demanded from the Courts in the years to come to complement lacunae in the law. No doubt the difficult economic situation and the change to a market economy will require an enormous legislative effort from the Supreme Council and, once elected, the new parliament. Pending such new legislation the Courts will have a major role to play.

6.2       Adequate independence seems to have been accorded to the judiciary.

6.3       We shortly mentioned the death penalty which exists in Latvia but executions are rare. It has, howeber, been applied in 1992. Some of our member states retain the death penalty in their Statute book and we do not think it appropriate to recommend its abolition to Latvia under these circumstances. We underlined that, in the opinion of many countries, the death penalty should be abolished as experience shows that it is not a deterrence to crime.

Annex 6

MEDIA AND TRADE UNIONS

Doc. 6908

PARLIAMENTARY ASSEMBLY       Addendum

INFORMATION REPORT [EXTRACTS]

on the elections in Latvia

(5-6 June 1993)

(Rapporteur: Mr FERRARINI, Italy, Socialist Group)


8.       Meeting with representatives of the media

      Latvia has two television stations, six daily newspapers, two of which are in Russian and four in Latvian, an independent press, one state-run newspaper and one radio station. Overall, representatives of the press, radio and television felt that the government had not brought any pressure to bear on them. With regard to radio broadcasts, even though the current parliament provided a certain radio station with 90% subsidies, its only obligation consisted in reporting on parliament and broadcasting statements by political leaders. Advertising accounted for the remaining 10%. All political parties had unrestricted access to the media free of charge. Radio and television tried to ensure that each party was given the same amount of air time.

9.       Meeting with the Vice-Chairpersons of the Free Trade Union, Mrs Brigita ABIKE

      The Free Trade Union, which had a membership of approximately 600 000, had existed under the old regime and encompassed most professions. Union members said that the elections had been free and were an important stage in the process of democratisation.

Annex 7

ETHNICITY OF THE POPULATION OF LATVIA

(at the beginning of the year, in thousands

Years

Nationalities

1935

1959

1979

1989

1992

1993

Num-

ber

%

Num-

ber

%

Num-

ber

%

Num-

ber

%

Num-

ber

%

Num-

ber

%

Whole

population

Including:

Latvians

Russians

Byelorussians

Ukrainians

Poles

Lithuanians

Jews

Gipsies

Estonians

Germans

Others

1 905,9

1 467,0

168,3

26,8

1,8

48,6

22,8

93,4

3,8

6,9

62,1

4,4

100

77,0

8,8

1,4

0,1

2,5

1,2

4,9

0,2

0,4

3,3

0,2

2 093,5

1 297,9

556,4

61,6

29,4

59,8

32,4

36,6

4,3

4,6

1,6

8,9

100

62,0

26,6

2,9

1,4

2,9

1,5

1,7

0,2

0,2

0,1

0,5

2 502,8

1 344,1

821,5

111,5

66,7

62,7

37,8

28,3

6,1

3,7

3,3

17,1

100

53,7

32,8

4,5

2,7

2,5

1,5

1,1

0,2

0,1

0,1

0,8

2 666,6

1 387,8

905,5

119,7

92,1

60,4

34,6

22,9

7,0

3,3

3,8

29,5

7100

52,0

34,0

4,5

3,5

2,3

1,3

0,9

0,3

0,1

0,1

1,0

2 657,0

1 396,1

902,3

117,2

89,3

59,7

34,1

16,3

7,2

3,2 2,9

28,7

100

52,5

34,0

4,4

3,4

2,2

1,3

0,6

0,3

0,1

0,1

1,1

2 606,2

1 395,5

872,4

109,8

82,1

58,4

33,6

14,8

7,2

3,1

2,6

26,7

100

53,5

33,5

4,2

3,2

2,2

1,3

0,6

0,3

0,1

0,1

1,0

      After world War II, the nationalities composition of the population has systematically changed: the share of Latvians decreased while the number and proportion of other nationalities, mainly Eastern Slavs, increased. Each year thousands of people from Russia, Ukraine, Byelorussia, and other former Soviet republics came to Latvia and settled here. These developments disrupted the rather well-balanced ethnic proportions existing in Latvia before World War II when the proportion of Latvians in the total population was 77 % (1935 census date). According to the last population census date in 1989, the share of Latvians had dropped to only 52,8 %, while the proportion of Eastern Slavs (Russians, Ukrainians, Byelorussians) had increased to 42 %. As part of these newcomers are now returning back to their respective homelands, the proportion of Latvians has slightly increased during the last few years.

      According to information provided by the Central Data Bank of the Civil Register, Latvians make up 78,8 % of citizens of Latvia, Russians .. 16.2 %, Poles .. 2.2 %, Byelorussians .. 1.2%, Lithuanians .. 0.4%, Gypsies .. 0,4%, Jews .. 0,4%, Estonians .. 0.1 %, Germans .. 0.1 %.

      Under current legislation, 98.4 % of Latvians, 90.1 % of Gypsies, 61.4 of Poles, 45?5 % of Estonians, 45,1 % of Jews, 38,5 % of Russians, 21.2 % of Lithuanians, 19.8 % of Byelorussians, 12.6 % of Armenians, and 6.2 % of Ukrainians living in this country, are citizens of Latvia. The share of Latvian citizens among Ukrainians and Armenians is so small because these are not historic nationality groups in Latvia. The same applies to Tatars, the total number of which is 3.2 thousand, 95.5 % of whom are residents who are not citizens.

PERCENTAGE OF LATVIANS IN THE 10 LARGEST TOWNS IN LATVIA

 

1935

1959

1970

1979

1989

1993

Riga

Daugavpils

Liepaja

Jelgava

Jurmala

Ventspils

Rezekne

Jekabpils

Valmiera

Ogre

63,0

33,6

68,0

78,9

86,6

83,5

44,0

65,8

95,0

83,4

44,6

13,2

52,3

59,7

50,7

60,4

30,5

50,4

79,6

60,0

40,9

14,4

47,5

56,4

46,8

55,0

34,7

50,4

75,2

63,1

38,3

12,6

41,9

52,1

48,2

47,5

35,0

50,0

74,0

61,4

36,5

13,0

38,8

49,7

44,2

43,0

37,3

48,4

74,6

60,7

37,2

13,4

41,1

50,3

44,5

44,0

38,0

50,1

75,6

61,7

      The newcomers mostly settled in the largest cities of Latvia. Therefore the nationalities balance in the cities changed drastically in the post-war years. In 1989, only in Valmieri and Ogre (the smallest towns of the 10 largest cities in Latvia) Latvians predominated. In recent years, the percentage of Latvians has again risen over 50 % in two more cities, Jelgava and Jekabpils.

      Riga is the only national capital in Europe where the percentage of the major nationality is below 40 %.

Annex 8

STATEMENTS ISSUED, RESPECTIVELY, BY THE CSCE CHAIRMAN-IN-OFFICE

(26 July 1994)

AND THE PRESIDENT OF THE RUSSIAN FEDERATION

(4 August 1994)

IN RESPONSE TO THE ADOPTION OF THE CITIZENSHIP LAW OF 22 JULY 1994

CSCE

      The adoption of the law of citizenship by the Latvian Parliament, 22 July 1994, which meets many of the suggestions of the CSCE High Commissioner on National Minorities, can be regarded as an important step towards a settlement of inter-ethnic relations in Latvia.

      The CSCE is confident that the Republic of Latvia will adopt all the measures which are necessary to implement effectively and promptly the law recently approved and reiterates that its institutions, in particular the High Commissioner and its mission in Riga, will be in every way available to co-operate in this sensitive issue with the Latvian Government.

------

Annex 9

DATA ON STATUS, ETHNICITY & CITIZENSHIP

[source: publication of the Standing Committee on Human Rights

(Fifth Saeima), 1993)]

INFORMATION

Annex 10

INTRODUCTORY PARAGRAPHS TO THE COUNCIL OF EUROPE EXPERTS' APPRAISAL

(JANUARY 1994)

OF THE TEXT OF THE CITIZENSHIP LAW APPROVED ON "FIRST READING"

25 NOVEMBER 1993

Annex 11

ARTICLE 14 OF THE 22 JULY 1994 LAW ON CITIZENSHIP

Annex 12

ANALYSIS OF THE PRACTICAL IMPLICATIONS OF THE 22 JULY 1994 LAW ON CITIZENSHIP

(source: newspaper article from Diena 22 July 1994)

Annex 13

ARTICLES 71 - 75 OF THE 1922 CONSTITUTION

PROVIDING FOR THE HOLDING OF REFERENDA

Annex 14

COMPARISON OF REQUIREMENTS FOR KNOWLEDGE OF THE LATVIAN LANGUAGE AND OF THE CONSTITUTION IN THE 22 JULY 1994 LAW AS COMPARED TO THE TEXT APPROVED        ON 25 NOVEMBER 1993

Annex 15

COMMUNICATION TO THE RAPPORTEURS BY THE LEAGUE OF STATELESS PERSONS:

32 DISCREPANCIES IN STATUS AND RIGHTS OF CITIZENS AND PERMANENT RESIDENT

NON-CITIZENS

1.       Employment

The rights only citizens of Latvia are entitled to:

State office holding

Police service employment

Private detective activities

Court judge employment

Barrister and barrister assistant employment

Notary and notary assistant employment

Civil officer employment (certain categories of civil service)

Latvia diplomatic and consular service employment

Lecturing and scientific research in the Latvia Medicine Academy (LMA) (except special invited highly qualified foreign experts on a contract basis)

Possible employment in Germany by the bilateral agreement of Latvia and Germany

Authorised representation of companies leasing municipal dwelling houses in Riga City, Vidzemes district

2.       Ownership rights

Only citizens have the right to possess land and other natural resources

Real estate ownership:

Only citizens have the right to purchase state- and municipal-owned apartments

Purchase of privatised "cooperative" apartments

Purchase of apartments in denationalised houses and those restituted to previous owners

Citizens receive 15 additional privatisation certificates (vouchers) whereas non-citizens born outside Latvia have five of their certificates subtracted

3.       Private enterprise

Establishment of joint-stock companies is not allowed to non-citizens who have spent less than 21 years in Latvia

Membership of the council of a commercial bank (the majority must be presented by citizens)

Participation in privatisation of objects owned by local authorities is not allowed to non-citizens who have spent less than 16 years in Latvia

4.       Social sphere

Land lots entitled for building family cottages, loans allotted on favourable terms, credits for purchasing, aids for elimination of multi-family residence flats and other sorts of help are envisaged only for citizens

State and local authority support in receiving a new dwelling if the previous one was rented by several tenancy contracts (multi-family residence flats) or after 40 years of residence in premises without conveniences, is envisaged only for citizens

Reception of state-owned lodgings for persons registered as needing a place of residence, is envisaged only for citizens

Warrants for apartments given in the process of elimination of dormitories are issued only to citizens

Favourable rent and municipal pay tariffs are made valid for citizens only

Social security pay for non-citizens is only 90% of that paid to citizens

Renewal of tenancy contracts is allowed only to citizens. In fact, this means the loss of rights of non-citizens to tenancy in case of apartment exchange, death of the accountable tenancy contractor, etc, and also in case of a change of landlord, as by executing the abovementioned Resolution N 818 of the Board of Riga City, Vidzeme district, People's Deputy Council

5.       Other rights and freedoms

The right to self-defence: to possess firearms is allowed only to citizens

Free choice of place of residence in Latvia is guaranteed only to citizens

Free return to Latvia after a sojourn (abroad) is guaranteed to citizens only

Only citizens participate in local elections

The right to no-visa entrance in a number of states on the basis of respective bilateral treaties is envisaged only for citizens

To register citizens as operatively controlled and to control them operatively is allowed by consent of head of operating force and after a prosecutor has been informed. No limitations are foreseen in respect of non-citizens

Draft version - compiled on December 12, 1993

Boris Tsilevich, Alexander Ruchkovsky (INSIGHT Ltd)

      Reporting committee: Political Affairs Committee.

      Committees for opinion: Committee on Legal Affairs and Human Rights and Committee on Relations with European Non-Member Countries.

      Budgetary implications for the Assembly: to be examined by the Committee on the Budget and the Intergovernmental Work Programme.

      Reference to committee: Doc.6239 and Reference No. 1752 of 25 September 1991.

      Draft opinion unanimously adopted by the committee on 4 October 1994.

      Members of the committee: Mr Reddemann (Chairman), Mrs Baarveld-Schlaman (Vice-Chairperson), Lord Finsberg (Vice-Chairman), MM. Alvarez Cascos (Alternate: Puche), Antretter, Barsony, Baumel (Alternate: Jung), Bernardini, Björn Bjarnason, Bokov, Büchel, Dimas (Alternate: Pavlidis), Eörsi, Espersen, Fassino, Fogas, Galanos (Alternate: Hadjidemetriou), Gricius, Güner, Hagard, Mrs Haller, Mrs Halonen, MM. Hardy, Hellström, Irmer, Iwinski, Kalus, Kaspereit, Kelam, Kelchtermans, Kenneally, König, La Loggia, Mrs Lentz-Cornette, MM. van der Linden (Alternate: Verbeek), Machete, Martins, Masseret, Mimaroǧlu, Muhlemann, Pahor, Panov, Mrs Papandreou, Pozzo, de Puig , Radulescu Botica, Schieder, Seeuws, Severin, Sir Dudley Smith, MM. Spacek (Alternate: Bachna), Mrs Suchocka (Alternate: Uczkiewicz), MM. Thoresen, Vella.

      N.B.       The names of those members who took part in the meeting are printed in italics.

      Secretaries to the committee: Mr Hartland, Mr Kleijssen and Ms Chatzivassiliou.


1 1The report has been prepared in consultation with Mr Vogel (Germany, EPP), Rapporteur for opinion of the Committee on Legal Affairs and Human Rights.

2 1See Annex 1.

3 2The report's conclusion is given in Annex 2.

4 1See Annex 3.

5 2Still fresh in the Assembly's mind, as a consequence of the debate preceding adoption of a positive opinion on accession of Estonia (13 May 1993), were considerations set forth in the report on human rights legislation in Estonia by Judge Pekkanen and Commissioner Danelius, members of the European Court and Commission of Human Rights: "However, if substantial parts of the population of a country are denied the right to become citizens and thereby are also denied for instance the right to vote in parliamentary elections, this could affect the character of the democratic system in that country. As regards the European Convention on Human Rights, the question could be raised whether in such a situation the elections to the legislature would sufficiently ensure the free expression of the opinion of the people, as required by Article 3 of the First Protocol."

6 1Exchanges between the Council of Europe and the Latvian authorities are reflected in the Message of the Committee of Ministers of 20 June 1994 — See Annex 4.

7 2Annexes 5 and 6 present earlier observations on human rights, the courts, media and the trade unions from the Political Affairs Committee's preliminary draft report of 22 June 1992 and from Mr Ferrarini's information report on the elections (5-6 June 1993). It has not been felt essential to our purpose to consider the recent agreements between Latvia and Russia on retired military personnel (and their families) and on the Skrunda radar installation.

8 3See Annex 7.

9 1See contrasting responses to adoption of the 22 July 1994 law on citizenship by the CSCE Chairmanship-in-Office (26 July 1994) and the Presidency of the Russian Federation (4 August 1994) — see Annex 8.

10 2See Annex 9.

11 3See Annex 10.

12 4International Migration Review, Vol. 26, No. 2, p. 288.

13 5See Annex 10: introductory paragraphs to Council of Europe expertise on the text on the citizenship law approved on "first reading" 25 November 1993.

14 1Commentary on Article 9 in Council of Europe expertise referred to in previous footnote.

15 2Ibid.

16 1Ibid.

17 2See Annex 12.

18 3See Annex 4.

19 4Text of the relevant article and an analysis of its practical implications are in Annexes 11 and 12.

20 5Text of relevant Articles 71-75 on provisions for referenda is in Annex 13.

21 1Respective versions are given in Annex 14.

22 2See Annex 10, penultimate paragraph.

23 3See Annex 15.

24 1This emerged from our exchanges with the Minister of State for Human Rights, Mr O. Brüvers, and the Director of the Citizenship and Immigration Department, Mr Zitars — 5 August 1994. The Assembly's Sub-Committee on the Social Charter has recently observed that "psychological pressure from uncertainty about residence rights, citizenship and passports ... makes implementation of social policy (on Council of Europe principles) more difficult" — report to the Social, Health and Family Affairs Committee on its visits to Tallinn and Narva on 4 and 5 May 1994.