THE SECRETARY-GENERAL

JJJJLJSJLIU 27 June 1997 -71997

Excellency^ EOSG/CENTRA

I should like to thank you for your letter of 4 June, which was hand delivered to me during the meeting I held on 16 June with His Excellency Mr. Valdis Birkavs, in which you extended a formal invitation to me to visit the Republic of Latvia at a mutually convenient date.

I would be honoured to visit the Republic of Latvia, as I attach the greatest importance to the further strengthening of the links that bind your country and the United Nations. I shall make every effort to pay a visit to the Republic of Latvia at the earliest opportunity during my term in office.

Please accept, Excellency, the assurances of my highest consideration.

„ Kofi A. Annan

His Excellency Mr. Guntis Ulmanis President of State of the Republic of Latvia Riga UNITED NATIONS NATIONS UNIES

CABLE ADDRESS AOHESSE T EL EC RAPH IQUE: UNAT1ONS NEWYOHK

EXECUTIVE OFFICE OFr THJE; SE:P;RET..AF N E R;A l_ a «• CABINET DU ' i,

REFERENCE.

Excellency,

The Secretary-General would be grateful if you could kindly'forward the enclosed letter to His Excellency, Mr. Guntis Ulmanis, President of State of Republic of Latvia.

A copy of the letter is attached for your information.

Please accept, Excellency, the assurances of my highest consideration.

EQSG/CEffTRAL S< Iqbal Riza Chef de Cabinet

His Excellency Mr. Aivars Baumanis Permanent Representative of the Republic of Latvia to the United Nations • New York •iirwi"« *^r^r?^-—~J i ; * •UIJ! JUNI6I997

Riga, 4th June 1997

His Excellency Mr Kofi Annan The Secretary-General of the United Nations

Excellency,

It is. a great honour and pleasure for me to extend to you an invitation to pay a visit to the Republic of Latvia at a time convenient for you.

Let me express the belief that your visit would be of exceptional significance for the people of Latvia. I am convinced that our personal contacts would contribute to further strengthening the ties between the United Nations and the Republic of Latvia, which are so vital at a time of intensive reform and development.

Excellency, I should be grateful if you were to accept this invitation.

Please accept, Excellency, the assurances of my highest consideration.

Yours respectfully,

Gurvfis Ulmanis President Republic of Latvia j1 ISSUES IN HUMAN RIGHTS

IN THE REPUBLIC OF LATVIA

1994 -1997

Riga, June 1997 Ministry of Foreign Affairs of Latvia NEW IN THIS ISSUE

Legislation in the sphere of human rights

The Parliament appoints the Director of the Latvian National Human p. 6 Rights Office The Parliament ratifies the European Convention on Human Rights p. 19-20 The Parliament adopts the draft law on refugees in the second reading p. 17 Process of ratification of the 1951 Geneva Convention on the Status of p. 17 Refugees The Parliament adopts amendments to the Law on Citizenship p. 15-16

Updates

Process of naturalisation p. 20 Booklet on naturalisation process published p. 15 Issuing of non-citizen passports p. 16

Latvian language training programme p. 9 Education in minority languages p. 8-9

NGO's in Latvia p. 7-8 Mass media in Latvia p. 9

This document is updated regularly in order to reflect the latest developments in areas related to human rights in Latvia. The latest update is available on the World Wide Web at:

http:/www.mfa.gov^v/mfa/pub/hum/hum.htm INTRODUCTION

1. Existing national framework 2. International framework

II RECENT DEVELOPMENTS IN VARIOUS AREAS RELATED TO HUMAN RIGHTS

III CONTINUING DEVELOPMENTS

1. Amendments to the Satversme (Constitution) with provisions for the protection of human rights 2. The establishment of the Satversme (Constitutional) Court 3. (i) Ratification of the European Convention on Human Rights and Fundamental Freedoms (ii) Ratification of the Framework Convention on the Protection of National Minorities 4. Further implementation of citizenship legislation 5. Development of gender equality policy 6. Adoption of new legislation in the field of education I INTRODUCTION

Latvia restored its independence on 21 August 1991 after more than fifty years of Soviet occupation. In 1994, with the assistance and co-operation of the United Nations and other international organisations, the complete withdrawal of Russian military forces from Latvia was achieved. Since 12 June 1995, Latvia has been an associate member of the European Union.

The Satversme (Constitution) of 1922 was reinstated in its entirety in 1993 and provides that all citizens are equal before the law and the courts. The 1991 Constitutional Law on the Rights and Obligations of a Citizen and a Person is the cornerstone of Latvia's national human rights norms, and provides for basic rights and freedoms including equality under the law regardless of sex, religion, language or social status.

Latvia's demographic situation at present is a legacy of the mssification policy pursued during the Soviet era. Throughout the Soviet years migration was the primary source of population growth and the basic reason for a manifold increase in the number of non-Latvians in Latvia. Today Latvians are a minority in most of the largest cities, including the capital, and make up about 57% of the total population, down from 77% in 1935. The non-Latvian population is currently split among numerous ethnic groups, including Russians (30%), Belarussians (4%), Ukrainians (3%) and Poles (2%). Out of some 2.45 million registered residents of Latvia more than 72% are citizens of Latvia. Almost 400 000 of the citizens are of non-Latvian origin.

Latvia has committed itself to re-establishing the rule of law, democratic institutions, and respect for human rights. The major challenge faced by Latvia has been the need to redefine the concept of human rights in Latvian society at large. The years of Soviet rule and the experience of recent Russian foreign policy activities carried out in international fora have created a misinterpretation of the very concept of human rights. Human rights are seen as largely applying only to the minority population or non-citizens and not to each and eveiy individual. This attitude has prevailed in the population at large and more specifically among those with a direct impact on the enjoyment of human rights - the civil service and the judiciary. Therefore, from the veiy first day of renewed independence, the Parliament and Government have declared the protection and promotion of human rights as a major priority. 1. The existing national framework

Latvia is a parliamentary democracy. The highest elected body is the one chamber 100-seat Saeima (Parliament), elected in direct proportional elections by citizens 18 years of age and older. The first democratic elections since 1931 were held in June 1993, and the second elections in October 1995. Within the Parliament there is a Standing Committee on Human Rights and Public Affairs which is responsible for reviewing draft legislation pertaining to human rights. It works in close co-operation with the Standing Committees on Legal Affairs and European Affairs.

The President is the head of state, elected by the Parliament for a period of three years. Among other rights, the President has the right of legislative initiative and the right to pardon. The President promulgates laws passed by the Parliament or, by means of explanatory letter to the Chairperson of the Parliament, can ask for the review of a law.

The President nominates the Prime Minister, who is then approved by Parliament. The Prime Minister and his Cabinet of Ministers are responsible for Government operations. Recognising its responsibility for the protection of human rights of all inhabitants in Latvia, the Government established the post of State Minister for Human Rights within the Ministry of Justice in 1994. In accordance with the Declaration and Programme of Action adopted at the UN World Conference on Human Rights in Vienna (June 1993) and in close co-operation with the United Nations Development Programme, Latvia created the National Programme for the Protection and Promotion of Human Rights in Latvia (UN document E/CN.4/1995/146 of 15 February 1995). The focal point of the Programme was the establishment of an independent institution for the protection and promotion of human rights in Latvia.

In his address to the 51st Session of the UN Commission on Human Rights, the then Prime Minister Mr. Maris Gailis confirmed that action to develop national capacity in the field of human rights in Latvia was urgently needed. Enabling legislation of the Latvian National Human Rights Office was drafted and adopted by the Cabinet of Ministers on 18 July 1995, and subsequently approved by the Parliament on 27 July 1995. Simultaneously, the post of State Minister for Human Rights was dissolved. To facilitate the establishment and effective functioning of the Office, the UNDP in Latvia prepared a US $1.8 million project "Capacity Development of the Latvian National Human Rights Office", which was supported and cost-shared by the United Nations Centre for Human Rights and several bilateral donors (Finland, Sweden, the Netherlands). The project was signed on 19 January 1996 by Dr.Valdis Birkavs, Minister for Foreign Affairs of Latvia, Ms.Kaija Gertnere, the Acting Director of the Latvian National Human Rights Office and Mr. John Hendra, UNDP Resident Representative.

The Law on the Latvian National Human Rights Office, which was adopted on 5 December 1996, guarantees the independent status of the Office and its right to investigate individual cases, as well as the activities of state institutions. Provisions are also made to guarantee confidential treatment of information received from individuals.

The independence of the Office is ensured both by its legal status and by the mechanism for approval and dismissal of the Director, whereby he or she is appointed by the Cabinet of Ministers and approved by the Parliament for a term of four years. Motions for the dismissal of the director can be made only by more than one-half of the Parliament. On 28 May 1997 the Parliament approved Mr.Olafs Bruvers for a four- year term as Director of the Latvian National Human Rights Office. Mr.Bruvers is a former State Minister for Human Rights and most recently held the post of Parliamentary Secretaiy of the Ministry of Foreign Affairs. Under the Soviet regime he had been persecuted for dissident activities. His appointment has further consolidated the authority of the National Human Rights Office.

The Office is an independent government agency with a mandate of, inter alia'. o providing information to the public on human rights, especially the promotion of understanding and recognition of those rights; • investigating and conciliating individual complaints related to the violation of human rights; « investigating the observance of human rights in various areas, specifically those affecting the interests of particularly vulnerable groups (children, persons with physical or mental disabilities); « preparing recommendations for the Parliament and Cabinet of Ministers on improving Latvia's legislation and other practices for the prevention of human rights violations, promotion of human rights and compliance with Latvia's international treaty obligations in the field of human rights.

The Office commenced operations in August of 1995, receiving complaints and reviewing human rights issues. The international community, including the UN Centre for Human Rights, continues to provide veiy valuable assistance to the Office. The Government of Latvia considers that the process whereby the Latvian National Human Rights Office was established could serve as a model for the creation of such national institutions in countries where they do not yet exist. The representatives of the Office shared their experience with guests from more than 20 countries who participated in the Third International UNDP Workshop on Ombudsman and Human Rights Institutions. The workshop took place on 9-11 June 1997.

Basic provisions on the court system in Latvia are contained in the Constitution. Together with the Law on the Judicial Power of 15 December 1992, it determines the independence of the judiciary and provides for the principle of separation of powers.

Latvia undertook reform of its judicial system immediately after re-establishing independence. The reform was completed in 1995, when a three-tier court system - district (town) courts, regional courts, and the Supreme Court - was established. On 5 June 1996 the Parliament adopted the Law on the Constitutional Court. The process of drafting the law involved a wide cross-section of society and the recommendations of international organisations were taken into consideration.

Regular training for judges and court personnel is provided at the Judicial Training Centre, jointly established in April 1995 by the Ministry of Justice, UN Development Programme, Central and Eastern European Law Initiative of the American Bar Association, and the Soros Foundation. Training of judges, lawyers and other members of the legal profession also takes place in the framework of the Themis co-operation programme between Latvia and the Council of Europe.

The Law on the Public Prosecutor's Office (July 1994) regulates the work of the General Prosecutor, the regional and district (town) Public Prosecutors' offices as well as the work of specialised Prosecutors' offices. All prosecutors are independent in the execution of their functions, which include: • supervision and organisation of investigations; • lodging claims in the courts as prescribed by law; • taking part in trials as prescribed by law.

The work of the police is regulated by the Law on Police, which stipulates that the police shall observe general principles of human rights, social equality and humanism. The Minister of the Interior has overall responsibility for the work of the national police. Although much has been accomplished in reorganising police structures, extensive training is still needed. The current, non-military police system has been in place only since the renewal of national independence.

The Council of Europe continues to provide assistance both for the Public Prosecutor's Office and the Ministry of the Interior. The international community is also assisting the Ministry of the Interior in its efforts to improve prison conditions (new construction of prisons is taking place in several cities) and to complete prison reform.

State administrative institutions, according to the Constitution, are subordinate to the Cabinet of Ministers. Civil service reform has been continuing since 1993. The Law on Civil Service determines the status, rights and responsibilities of civil servants. Regulations of the Cabinet of Ministers on Administrative Process, adopted on 13 June 1995, define the mechanism by which administrative decisions can be contested by a higher authority. The Civil Procedure Code allows any individual to appeal an administrative act regulating his or her actions through the courts.

The State Administration School, in co-operation with international partners, provides training for civil servants in administration and management, law, market economy, and other fields. Many competing social and humanitarian needs makes it difficult to allocate sufficient resources for the completion of civil service reform in a short period of time. However, the Government has committed itself to the creation of a modern civil service, which is essential in a country governed by the rule of law. An increasing number of non-governmental organisations and groups of individuals have been registered in Latvia. The total number of NGOs registered at the Ministry of Justice in 1997 is 2753 (compared to 1676 in 1995 and 2394 in 1996). This phenomenon is relatively new for Latvia. During the Soviet occupation, there were groups of dissidents and human lights activists, who were prosecuted and sentenced by Soviet authorities for anti-regime activities. At the end of 1980s, the level of political participation increased significantly, peaking in 1988 when almost 300 000 people were members of the Latvian Popular Front.

There has been expansion in the activity of NGOs advocating human rights, including rights of the most vulnerable and disadvantaged groups of society (such as children, the elderly, people with physical or mental disabilities, prisoners). These include the Human Rights Institute, which is affiliated with the University of Latvia, and the Human Rights and Ethnic Studies Centre. There are groups involved in advising and assisting individuals on matters related to residency status and citizenship. 15 separate organisations meet regularly in the Women's Co-operation Council, which is a forum to exchange ideas in the field of the promotion of gender equality.

The Government fully supports activities of NGOs and has engaged in an open dialogue on different issues, such as the adoption by the Cabinet of Ministers of the National Programme on the Protection and Promotion of Human Rights in Latvia. Establishment of the Latvian National Human Rights Office was widely supported by human rights NGOs. The "NGO Centre Riga", which co-ordinates and provides technical support to more than 300 registered NGOs, was established in the summer of 1996. The establishment of the "NGO Centre Riga" was made possible with the financial assistance of the Government of Denmark.

In the area of national cultures, there are more than 20 minority cultural societies in the Latvian Association of National Cultural Societies. The largest groups are the Jewish Society with about 4000 members and the Polish Society with approximately 3000 members. The 1991 Law on Unrestricted Development and Right to Cultural Autonomy of Latvia's Nationalities and Ethnic Groups guarantees all residents in Latvia equal enjoyment of rights, regardless of nationality. Any discrimination based on nationality or ethnic origin is prohibited by law. No incidents of ethnic or racially motivated violence have been recorded in Latvia since the restoration of independence in 1991.

On 16 July 1996 the Consultative Council of Nationalities was established by the President of Latvia, H.E. Mr. Guntis Ulmanis. Representatives of eleven different ethnic minorities, as well as members of the Parliamentary Standing Committee on Human Rights, sit on the Council. The Statute of the Consultative Council was adopted on 12 December 1996. The aim of the Council is to gather and regularly discuss information relating to issues affecting ethnic minorities in Latvia, with a view to providing guidelines and recommendations for action. The Consultative Council has discussed a broad range of questions relating to education in minority languages. On 5 April 1997 an informative seminal' "Basic Principles of Education of Ethnic the Consultative Council, the Latvian National Human Rights Office and the Ministry of Education and Science. The participants of the seminar were informed about the international standards for education with instruction in minority languages and the relevant international human rights documents that are binding to Latvia.

Education with instruction in minority languages is essential for the maintenance of minority cultural identity. As of 1996, 62% of all primary and secondary school students attend schools in which the language of instruction is Latvian. In Riga, there are more schools with Russian as the language of instruction than those with instruction in Latvian - only 62 schools hold classes in Latvian, compared to 70 Russian-language and 8 mixed-language schools. As the demand for schooling in Latvian has been increasing over the past eight years, the number of students requesting schooling in Russian has been decreasing. Latvia continues to make every effort to ensure schooling in minority languages, even when the small number of students makes it a financial hardship to do so. Throughout Latvia, there are 59 State-funded classes which exist for the purpose of providing schooling in Russian for one or two students. Furthermore, state-financed secondary level education is available in eight minority languages - Russian, Polish, Hebrew, Ukrainian, Estonian, Lithuanian, Roma-Sinti and Belarussian. State-financed higher education is available in Latvian (also available in Russian during the first year of studies). Private education is available in several languages and can also receive financial support from the State.

The Government of Latvia views teaching of the Latvian language to the national minorities as a key element of social integration in Latvia. At present, a relatively large segment of the population have little or no knowledge of Latvian. One of the main reasons why so many persons have not learned Latvian is because the Soviet education system in Latvia generally favoured the Russian language and discouraged the teaching of Latvian, thus leaving the educational infrastructure inadequately prepared to effectively deliver Latvian language training.

The Government of Latvia, in co-operation with the UNDP, has drafted and approved the National Programme for Latvian Language Training on 31 October 1995. The UNDP project document Promotion of Social Integration in Latvia: Support to the Implementation of the National Programme for Latvian Language Training, which was signed on 6 December 1996, is designed to enhance social integration in Latvia by providing broader access to Latvian language training for non-Latvian speaking residents of Latvia. The multi-tier project will utilise the modern teaching concept of "Latvian as a Second Language" to minority school students and adults. The project also will include activities to support operational delivery of language training and develop managerial and implementation capacities to sustain the National Programme beyond the term of the project. Phase 1 will cover two years (mid-1996 to mid-1998) and will be financed by the UNDP with very significant cost-sharing by major bilateral donors - Denmark, Finland, the Netherlands, Norway, Sweden and the European Union (altogether US $3.2 million). The Government has established a working group responsible for the implementation of this project. At present the core body of teachers for Latvian language education are already undergoing training. Along with ethnic diversity, there is a multiplicity of religions in Latvia. The Government of Latvia pursues a policy of religious tolerance and strict separation of church and state. The residents of Latvia pay no compulsory church taxes. Instruction on religious issues in State schools is available on a voluntary basis. The rights of all persons residing in Latvia, including minorities, to freely choose and practise a religion are guaranteed by the Constitutional Law and by the September 1995 Law on Religious Organisations. Those religious organisations which owned property in 1940 have been able to apply for restitution under the 1992 Law on the Restoration of Property to Religious Organisations.

The number of mass media outlets has increased significantly since the collapse of the Soviet regime in 1991. At present, 2096 publications, 278 radio and television stations are registered in Latvia. The Constitutional Law on the Rights and Obligations of a Citizen and a Person guarantees freedom of speech and expression. The 1995 Law on Radio and Television and the 1990 Law On the Press and other Means of Public Information prohibit censorship of the press or other mass media. Most newspapers and magazines are privately owned, and Latvian, Russian and English language publications express a wide range of viewpoints. 2. The International Framework

Until its illegal occupation and annexation by the Soviet Union in 1940, which was never recognised de jure by most Western countries, Latvia was a member of the League of Nations, which it joined in 1922. Less than a month after regaining independence, Latvia became a member of the United Nations on 17 September 1991. Even before de facto independence, on 4 May 1990 the Parliament declared the accession of Latvia to more than 50 international human rights instruments. They include the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights (including its Optional Protocol), International Covenant on Economic, Social and Cultural Rights, Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination Against Women, Convention on the Rights of the Child and other important human rights instruments.

Latvia submitted its initial report in accordance with article 40 of the International Covenant on Civil and Political Rights in October 1994. The UN Human Rights Committee considered the report at its 54th session on 12-14 July 1995. The Committee expressed its satisfaction on the positive changes since 1990 and welcomed the open and constructive dialogue with Latvia. The recommendations and suggestions of the Committee have been taken into account by the Government of Latvia. Reports under other Conventions are currently in the process of preparation and review by the Government.

The UN Centre for Human Rights has played a key role in the development of the National Programme for the Protection and Promotion of Human Rights in Latvia. In March 1994 the Government requested policy advice for the newly appointed State Minister for Human Rights from the UN Development Programme, the UN Centre for Human Rights, and the OSCE. At the explicit request from the Government and its Working Group on the Protection of Rights of an Individual, the UNDP organised a high-level mission which visited Latvia in July 1994. The mission was led by an independent expert, Mr. Brian Burdekin, now Special Adviser on National Institutions to the UN High Commissioner on Human Rights, and included senior human rights experts from the OSCE and the Council of Europe. The objective of the mission was to help the national authorities to formulate terms of reference for the National Programme.

The UN Development Programme has been represented in Latvia since 1992. The assistance provided by the UNDP in the main priority areas in Latvia cannot be underestimated. The Government highly values its continuous co-operation with the UNDP in the areas of economic, legal and social reform.

In addition to committing itself to global human rights norms, Latvia has also assumed important regional obligations. Latvia is an associate member of the European Union, hi concluding the Associate Agreement with the EU in July 1995, Latvia committed itself anew to respect for human rights. Latvia joined the Conference (now Organisation) on Security and Co-operation in Europe in September 1991. All OSCE members are committed to the protection and promotion of human rights, the strengthening of their democratic institutions and the rule of law. Since November 1993, the Government has hosted an OSCE Mission in Latvia which is mandated to be at the disposal of the Government to advise on issues related to citizenship. Another involvement of the OSCE in Latvia is joint commissions with the Latvian and Russian Governments on Russian Federation military pensioners in Latvia and on the Skrunda radar facility. The Office on Democratic Institutions and Human Rights (ODIHR) of the OSCE in co-operation with the Government of Latvia has held several seminars in Latvia.

In February 1995 Latvia joined the Council of Europe and signed the European Convention on Human Rights and Fundamental Freedoms and its Protocol No. 11. The Convention was accepted by the Cabinet of Ministers on March 4, 1997, and was submitted to the Parliament for ratification. The Parliament passed the draft law on the ratification of the European Convention on Human Rights in the first reading on 8 May 1997. In May 1995 Latvia signed the Council of Europe Framework Convention on the Protection of National Minorities. The Council of Europe has provided very valuable assistance in the process of preparation of citizenship legislation. Council of Europe activities in Latvia include seminars and workshops, study visits, and counselling. Issues have ranged from civil service, media, social welfare issues to local authorities, assistance to the Ministry of the Interior, and advice on the role and reform of judiciary. The Documentation and Information Centre on the Council of Europe was inaugurated in Riga in February 1996 during the visit of H.E. Mr. Daniel Tarschys, Secretary-General of the Council of Europe.

The current human rights situation in Latvia has been assessed by various international organisations including the UN Centre for Human Rights, the OSCE, the Council of Baltic Sea states, as well as other bodies, such as the US State Department. The Government of Latvia has welcomed the visits from those organisations.

Upon the invitation of the Latvian authorities, the UN Secretary General in 1992 sent a fact-finding mission to Latvia, led by Mr. Ibrahima Fall, Director of the Centre for Human Rights. The report of this Mission is contained in UN General Assembly document A/47/748.

Latvia participated in the 1993 UN World Conference on Human Rights and supported the creation of a position of UN High Commissioner for Human Rights. Subsequently, the High Commissioner, H.E. Mr. Jose Ayala Lasso, was invited to visit Latvia. His visit took place in October 1994 and gained wide acknowledgement among the general public in Latvia. The assessment of the visit was reflected in the UN General Assembly document A/49/36 in its chapter "Advisory services and technical and financial assistance".

The OSCE High Commissioner on National Minorities, H.E. Mr. Max van der Stoel has visited Latvia on several occasions, most recently on 6-7 April 1997. His recommendations contributed greatly in the discussion process on the Law on Mr. Ole Espersen, Commissioner on Democratic Institutions and Human Rights including the Rights of Persons belonging to Minorities of the Council of Baltic Sea States, has paid two official visits to Latvia, most recently on 28-30 April 1997. Latvia welcomes co-operation with the Commissioner.

According to the assessments of the above-mentioned high-level officials and other international experts, the Latvian Government's human rights policies and practice are in accordance with accepted standards of international human rights law. This was also confirmed by the UN General Assembly, which by its decision 51/421, adopted by consensus at its 51st session on 12 December 1996, decided to conclude consideration of the question on the situation of human rights in Latvia and Estonia. II RECENT DEVELOPMENTS IN VARIOUS AREAS RELATED TO HUMAN RIGHTS

Since the submission of the initial report of Latvia to the Human Rights Committee in September 1994 and the visit to Latvia of H.E. Mr. Jose Ayala-Lasso, UN High Commissioner for Human Rights in October 1994, the following major developments have taken place in the field of human rights and related issues:

Following the 22 July 1994 adoption of the Law on Citizenship, implementation began in earnest.

The Law established that Latvia's citizens are all persons, regardless of ethnic origin, who were citizens of the Republic of Latvia on 17 June 1940 and their direct descendants, as defined in the 1919 Law on Citizenship, in accordance with the principle of jus sanguinis. This established the principle of the da jure continuity of the Republic of Latvia and its body of citizens.

Under the Law, all legal permanent residents of Latvia, regardless of their ethnic, religious or social background, can apply for citizenship. The only restrictions pertain to those who have acted anti-constitutionally against the State (if established by a court decision), are or have been members of foreign security or armed forces, have undertaken anti-constitutional activities as members of specific named organisations hostile to the Republic of Latvia or who have served criminal sentences for crimes with prison terms exceeding one year.

The basic requirements for a person to become a citizen through naturalisation procedures are 5 years' residence in Latvia (after May 1990); basic knowledge of the Latvian language, Constitution and history; pledging an oath of loyalty; a legal source of income, and renunciation of former citizenship. The Law grants priority to those residents who were born in Latvia (about one-third of the resident non-citizens) or entered Latvia as minors. Individuals in those categories will be eligible to apply for citizenship prior to those in other categories.

The draft Law on Citizenship was repeatedly evaluated by experts from the Council of Europe and the OSCE, whose recommendations were taken into account. These and other organisations have concluded mat Latvia's naturalisation legislation complies with international norms and standards for citizenship legislation, hi contrast to the prevailing practice that States may exercise discretion in granting citizenship through naturalisation to applicants, the Latvian State is obliged to grant citizenship to all candidates who meet the requirements established by law. This gives candidates for naturalisation firm legal guarantees to receive citizenship.

To implement the Law on Citizenship, the Government created the Naturalisation Board in October 1994; the Cabinet of Ministers adopted regulations governing the review of applications for naturalisation in November 1995. The naturalisation process was begun on 1 February 1995, when the first applications for naturalisation were accepted.

The Government of Latvia has been carefully following the process of naturalisation, to guard against violations of the law and arbitrary bureaucratic acts. The Council of Europe has organised several working seminars, in addition to study nips for the Naturalisation Board and other authorities to develop an optimal organisational structure for the Board and most effective naturalisation procedures, including an impartial and fair examination procedure. The OSCE on-site mission in Latvia has been monitoring the naturalisation process throughout Latvia, including the examination process. No complaints about the naturalisation process have been received, which testifies to the proper implementation of the naturalisation law and regulations. The Naturalisation Board has become a model of how a government agency should interact with residents, especially in providing complete and comprehensible information to interested persons, accommodating the specific needs of applicants, and ensuring transparency throughout the naturalisation process. In April 1997 a booklet was published, containing basic information on the process of naturalisation, to meet the needs of the possible applicants. It has been prepared jointly by the Naturalisation Board, Board of Migration and Citizenship, Latvian National Human Rights Office and the Mission of OSCE in Latvia. The Mission has financially supported the publication as well.

From 1 February 1995 to 31 December 1997, approximately 120 000 persons are eligible to apply for naturalisation. However, only 6951 persons had requested application forms, and 5016 persons had completed the naturalisation procedure and become citizens by 31 May 1997. An increase in this number is anticipated as more persons exercise their right to become citizens.

The Law on Citizenship was liberalised through amendments adopted by the Parliament on 16 March 1995. These amendments enabled certain categories of persons to acquire citizenship automatically, simply by registering, thereby foregoing the naturalisation process entirely. These groups include permanent residents of Latvian and Liv origin who have no other citizenship or renounce any other citizenship; women (and their descendants) who had, under the 1919 Law on Citizenship, lost their Latvian citizenship through marriage to a foreign citizen, but who are permanent residents and have not become naturalised in any other country after 4 May 1990; and those who have completed education in Latvian and have no other citizenship.

The amendments eliminated the naturalisation testing requirements for the Latvian language, constitutional law, history and national anthem for those who have completed education in Latvian, certain groups of the physically disabled, and legal permanent residents of Latvia on 17 June 1940 and their descendants, as well as citizens of Estonia and Lithuania on 17 June 1940 with 5 years' residence. These amendments enabled 2000 persons to register as Latvian citizens in the first month following their adoption. The Law on Citizenship was further amended by the Parliament on 6 February 1997. The new amendments eliminated time restrictions for the automatic naturalisation of persons of Latvian or Liv origin.

A veiy important step towards regulating the legal status of non-citizens residing in Latvia was the 24 April 1995 adoption of the Law on the Status of Former USSR Citizens Who Are Not Citizens of Latvia or Any Other State.

Persons subject to this law are former USSR citizens residing in the Republic of Latvia who lived and were permanently registered in the territory of Latvia prior to 1 July 1992. According to the Law on Entry and Residence for Foreign Citizens and Stateless Persons of 9 June 1992, persons entering Latvia after 1 July 1992 require a visa or residence permit (either temporary or permanent).

The economic, personal and other rights and freedoms, as well as the obligations of these persons are determined in Chapter 3 of the Constitutional Law on the Rights and Obligations of a Citizen and a Person. Article 2 of the Law on the Status of Former USSR Citizens further emphasises the rights of these persons to, inter alia, freely choose a place of residence anywhere in Latvia, freely leave and return to Latvia as their place of permanent residence; be united with their families; preserve their native language and culture within the framework of cultural and ethnic autonomy. The courts have already applied this law in numerous cases relating to residence status.

Persons subject to this law are entitled to receive a non-citizen passport which allows its holder to travel abroad and return to Latvia without providing any additional documents. The first new non-citizen passports were issued on 10 April 1997. The new documents are expected to foster a closer self-association with Latvia. Two hundred sample copies of the non-citizen passports were distributed internationally for recognition in March 1997. By 13 June 1997 the non-citizen passports had been recognised as a valid travel document by 38 countries.

New and completely revised Draft Criminal and Criminal Procedure Codes have been prepared. The Codes have been examined by experts of the Council of Europe, who have evaluated them positively. These drafts have been submitted to the Parliament for debate. It should be noted that the draft criminal code includes the option of abolishing of the death penalty, to be replaced by life imprisonment.

The death penalty as an exceptional punishment, until it is revoked, is possible only for: 1) aggravated murder; 2) aggravated rape which results in the death of the victim; 3) banditry; 4) aggravated prison revolt.

The Constitution foresees that the President has the right to grant pardon. On 24 September 1996, the President, H.E. Mr. Guntis Ulmanis, in his address to the Parliamentary Assembly of the Council of Europe, declared a presidential moratorium on executions pending a decision by the Latvian Parliament. Prior to the 1 October 1994 amendments, the Criminal Procedure Law provided that during pre-trial investigations security measures could be applied on the basis of a decision taken by a prosecutor or investigator. A judicial decision on the application of security measures against the individual was made only at trial.

This situation changed with the adoption of these amendments, which relate the application of security measures against individuals (such as arrest and house arrest) to a decision taken by a judge of the court.

Similarly, the amendments stipulate that a judicial order is necessary to effect certain investigative actions. Only a judge can order search and seizure, monitoring of mail and other communications, wiretaps, and the placement of suspects in medical facilities. A defendant, his or her attorney or representative, or the prosecutor may appeal such a judicial order hi court.

At the beginning of 1995, Latvian government structures faced a new and unexpected problem - flows of migrants entering Latvia from the Russian Federation and other countries in transit to the Nordic countries and other countries in Western Europe. This problem contains many complex legal, financial and ethical dimensions. The Government simultaneously had to solve questions ranging from determining the legal status of these persons to the strengthening of Latvia's borders and dealing with the humanitarian aspects of caring for these persons.

On 25 April 1995, the Cabinet of Ministers adopted regulations "On the temporary residence of persons detained for illegal entry into Latvia." The regulations provide that persons who have been detained for illegal entry into Latvia will be held in temporary residence camps. Such persons are guaranteed family unity, religious freedom, equality before the law and non-refoulement to countries where they could face persecution. All rights are guaranteed without discrimination as to race, religion or ethnic origin. This was the first step towards conforming Latvia's legislation with the 1951 UN Convention on the Status of Refugees and its Protocol of 1967.

In mid-1996 an interministerial working group was established to define the Government's refugee and asylum policy and to prepare a draft law on refugees and asylum seekers. The working group also evaluated the possibilities for Latvia to accede to the 1951 Convention on the Status of Refugees and its 1967 Protocol. The working group submitted a draft law on refugees and asylum seekers to the Cabinet of Ministers, and it was accepted by the Cabinet on 25 February 1997. The Government has closely co-operated with the United Nations High Commissioner for Refugees and the UNHCR Regional Office for the Baltic and Nordic Countries in these matters. The Parliament adopted the draft law in the second reading on 12 June 1997. Simultaneously, the draft law on the ratification of the 1951 UN Convention on the Status of Refugees was passed in the first reading.

At present, the working group has also turned its efforts to practical preparations for implementation of the asylum legislation, with the assistance of the UNHCR. The main task now is to establish a refugee reception centre. A pledging conference was held in Riga on 21 April 1997 with the participation of representatives from the Nordic countries, the US, Germany, UK and the European Commission.

However, the Government of Latvia considers that along with national measures in this field, the conclusion of bilateral readmission treaties is essential for the establishment of a properly functioning system. In this regard, Latvia has submitted its proposals on the conclusion of readmission treaties to the Russian Federation, Belarus and Ukraine. Latvia has received a positive response from Ukraine, leading to a first round of constructive talks. Belarus has also indicated its readiness to discuss this issue. Latvia believes that co-operation among neighbouring countries is essential for ensuring an effective and humane policy with regard to migratory movements. Ill CONTINUING DEVELOPMENTS

1. Amendments to the Satversme f Constitution) with provisions for the protection of human rights

The Satversme (Constitution) of 15 February 1922 was reinstated in its entirety in 1993, and has been amended only three times since its inception. The Parliament may amend the Constitution at meetings at which at least two-thirds of its members are present. The amendments have to be passed by a majority vote of not less than 2/3 of the Parliament members present.

At present one of the Parliamentary factions has submitted draft amendments, which are under review by the Standing Committees for Judicial and Human Rights. While it is anticipated that these draft amendments will be under considerable discussion before their eventual adoption by 2/3 vote in Parliament, the discussion helps to bring human rights issues to the fore of public consciousness.

This development is significant, as a section on human rights would mean constitutional guarantees for human rights.

2. The establishment of the Satversme (Constitutional) Court

In its development Latvia strictly follows the principle of the separation of powers. The Law on the Constitutional Court was adopted by the Parliament on 5 June 1996. For the establishment of the Constitutional Court, changes in the Constitution were made.

The Law stipulates that the Constitutional Court is an independent judiciary institution which deals with matters of examining the compliance of Latvian laws and other legislative norms to the Constitution of the Republic of Latvia. The Court has now been established, except for one judge who is yet to be elected by the Parliament.

3. ffl The ratification of the European Convention on Human Rights and Fundamental Freedoms

Latvia joined the Council of Europe on 10 February 1995. Upon joining, Latvia signed the European Convention on Human Rights and its Additional Protocol No. 11 which establishes the control machinery of the Convention.

The Ministry of Foreign Affairs co-ordinated the analysis of existing legislation in Latvia, which was completed in September 1996. The working group examining the compatibility of Latvian legislation with the ECHR has held two joint sessions with experts from the Council of Europe for a thorough review of the work done. Following the analysis, amendments to the national legislation are being prepared in order to approximate the legislation to the requirements of the Convention. The Convention was accepted by the Cabinet of Ministers on 4 March 1997 and was submitted to the Parliament for ratification. The Cabinet of Ministers also took the decision that Latvia will sign the Additional Protocols 1, 2, 4, 7 and 11 of ECHR. Latvia signed these Protocols on 21 March 1997. The Parliament adopted the law on the ratification of the European Convention on Human Rights on 4 June 1997.

Upon ratification of the ECHR, Latvia accepts the Convention's control mechanism, i.e. the right to individual complaint (Article 25) and the Court's compulsory juris diction (Article 46).

(in The ratification of the Council of Europe Framework Convention on the Protection of National Minorities

Most of the provisions of the Convention are already contained in the national legislation - in the Law on Unrestricted Development and Right to Cultural Autonomy of Latvia's Nationalities and Ethnic Groups, the Education Law, the Language Law. The ratification of the Convention will take place after the ratification of the ECHR.

4. Further implementation of the Law on Citizenship and the Law on Status of Former USSR Citizens Who are Not Citizens of Latvia or Any Other State

As already mentioned, the Law on Citizenship was adopted in 1994, followed by the establishment of the Naturalisation Board, which began to operate on 1 February 1995. The first citizens were naturalised by August 1995.

In 1997, some 64 000 persons born in Latvia and aged 16 to 25 are eligible for naturalisation, in addition to approximately 60 000 persons outside tin's age group who may apply for citizenship. In 1998, the core group of applicants will include those up to age 30. This incremental process by age group will continue to the year 2000. The largest group of persons - more than 214 000 in number - will be eligible in the year 2002.

The actual number of applicants, however, reflects only a small percentage of the total of potential applicants. As of 31 May 1997, 6951 persons had indicated their desire to begin the naturalisation procedure, of these, 6716 had submitted applications, and 5016 persons had been naturalised.

According to a survey conducted by the Citizenship and Immigration Department and the United States Agency for International Development, 56% of students in high schools with Russian language instruction expressed an interest in becoming citizens of Latvia, 16% did not want citizenship, and 28% were undecided. Among those who did not want citizenship, the main reasons listed were that 11,5% saw no reason to become citizens, 11% found it more convenient to travel to CIS countries with a USSR passport, 11% planned to leave Latvia, 10% did not want to serve in the Latvian Army, and 8% planned to obtain the citizenship of another country.

For the purpose of increasing interest in naturalisation, the Naturalisation Board infrnrlnrfH n mulfinlp-rtinir-p pvutn fnr flip liictnrw cmr? rnnctit-iiti/->nQl loii; Ti/-ir-fi/~.n r\f the naturalisation tests. While the existing tests have a pass rate of approximately 90%, it is envisaged that the reformatted tests will encourage more applicants to undertake the naturalisation procedure.

The Government of Latvia is committed to ensuring that the Law on Citizenship is implemented in a fair and impartial manner. Co-operation with various international organisations and bilateral partners will continue in order to provide assistance, training and advice to the staff of the Naturalisation Board and the Citizenship and Immigration Department.

In the process of full implementation of the Law on the Status of Former USSR Citizens Who Are Not Citizens Of Latvia or of Any Other State, the main task is the provision of valid travel documents for subjects of the Law. The issuing of the new non-citizen passports was started in April 1997.

The Government will follow a firm policy to implement the law fully and speedily in a fair and impartial manner. The courts will be encouraged to enforce the application of this law.

5. Development of gender equality policy

In connection with the Beijing Platform and Programme for Action, adopted at the UN Fourth World Conference on Women in Beijing, China on 4-15 September 1995, the Latvian Government is developing its gender equality policy.

Before the conference, the Government prepared a National Report on the Situation of Women in Latvia, the first such report in Latvia. An important section of the report discusses the future developments in gender equality policy in Latvia. While non-governmental organisations undoubtedly have a key role to play in the implementation of the platform, the Government has an obligation to implement the commitments entered into at the conference.

Co-operation with the United Nations Development Programme in gender capacity-building is ongoing. A UNDP financed visit of an international expert concluded on 13 December 1996. The aim of the visit was to obtain information in order to prepare a report that would aid in the drafting of terms of reference for a governmental structure to co-ordinate activities in the field of gender equality. The report is at present being prepared for distribution and discussion.

In the summer of 1997 Latvia will be hosting a conference on awareness-raising in gender equality issues, which is expected to bring together 1500 participants from the Baltic and Nordic countries. This conference, which will take place in Valmiera, will be sponsored by the Nordic Council of Ministers, the Governments of the Baltic countries, the international community, NGOs and private sponsors. Latvia is proud to be the host of such a co-operative venture, for we highly respect the accomplishments in the Nordic countries with respect to gender equality issues, and value the opportunity to build strong ties among the countries of our region. 6. Adoption of new legislation in the field of education

The draft Law on Education has been accepted in the first reading at the Parliament on 1 February 1996. The draft law raised active discussions among politicians, academics, teachers and general public. Taking into account the fact that the draft law was regarded as too complicated for successful implementation and the veiy large number of amendments to the draft, it was decided to develop a new draft. Currently the Ministry of Education and Science is working on the new draft which is to be adopted in 1997.

As this overview has shown, the national authorities of Latvia have committed themselves to guaranteeing the protection and promotion of human rights in Latvia as a major priority. While much remains to be addressed following fifty years of Soviet occupation, the continuing policy of protecting the rights of each and eveiy individual in Latvia has begun to show tangible results. Latvia has firmly chosen a policy of integration. The four dimensions of this policy have been outlined in this overview - Latvian language training, the strengthening of the infrastructure for the development of culture and language of various ethnic groups, the replacement of obsolete documentation, and the acquisition of Latvian citizenship through naturalisation. Latvia is not complacent about its successes in this field and will remain vigilant about the need to review existing policies and elaborate new policies in the field of human rights.

This document is updated regularly in order to reflect the latest developments in areas related to human rights in Latvia. The latest update is available on the World Wide Web at:

http:/www.mfa.gov.lv/mfa/pub/hum/hum.htra UNITED NATIONS OFFICE AT GENEVA HIGH COMMISSIONER United Nations FOR HUMAN RIGHTS Development Programme Sustainable Human Development CENTRE FOR HUMAN RIGHTS

CAPACITY DEVELOPMENT OF THE LATVIAN NATIONAL HUMAN RIGHTS OFFICE

PROJECT IMPACT STATEMENT

United Nations Development Programme/Multi-Donor (Governments of Finland, the Netherlands and Sweden) Project LAT/94/010

United Nations High Commissioner for Human Rights/ UN Centre for Human Rights UN Voluntary Fund for Technical Cooperation Project LAT/95/AH/17

March 1997 BACKGROUND

The Latvian National Human Rights Office (LNHRO) is the cornerstone of Latvia's National w Programme for the Protection and Promotion of Human Rights, designed to strengthen ••" democracy, the rule of law and respect for human rights. od

Approved in early 1995, Latvia's National Programme for the Protection and Promotion of a Human Rights is one of the few national policy frameworks that has been developed and a implemented following the World Conference on Human Rights, held in Vienna in June 0

1993. s

K The National Programme itself was in large part based on a unique UNDP-organized high- level international mission to Latvia in the summer of 1994 to assist the Government, ^ Parliament (Saeima) and non-governmental organizations (NGOs) in the development of a o national human rights policy framework. The mission was led by Mr. Brian Burdekin fc (former Federal Human Rights Commissioner of Australia and currently Special Adviser to the UN High Commissioner for Human Rights on National Institutions, Regional « Arrangements and Preventive Strategies), and included senior human rights experts from the «« Council of Europe and the Conference on Security and Cooperation in Europe (CSCE, now ** the Organization for Security and Cooperation in Europe (OSCE)). The mission marked the fi first occasion on which the Council of Europe, the CSCE and the United Nations had ° cooperated in a major national needs assessment. u

While recognizing, as had various other international missions, that no gross or systematic *" violations of human rights had occurred in Latvia since the restoration of independence, the " mission found that bureaucratic resistance to, ignorance of and scepticism towards the ° protection of human rights was widespread, resulting in infringements in both the public ° and private sectors. The mission found the existing institutional structure for the protection of human rights inadequate and, in order to effectively address these issues, strongly recommended the creation of an independent national institution to protect and promote human rights in Latvia. B

The Latvian National Human Rights Office, originally established in July 1995 by a Cabinet S of Ministers' Regulation, commenced operations in August of that year. After lengthy debate ° in the Saeima, the Law on the Latvian National Human Rights Office was finally adopted in O December 1996, giving the LNHRO the mandate to:

JS • raise awareness and promote understanding and observance of human rights; M • inquire into allegations of individual human rights violations in both the public '" and private sectors; W • on its own initiative investigate human rights-related issues and problems in S Latvia; a • advise on compliance of Latvia's laws and practices with its national and international human rights obligations; and ^ • coordinate programmes which promote observance of human rights. h

'do The establishment of the LNHRO and the passage of appropriate enabling legislation mean 0 that the rights of all persons in Latvia are now better protected by an independent national H institution which gives effect to Latvia's international human rights obligations. IX In January 1996, a comprehensive capacity development programme of international assis- „ tance was approved by the Minister of Foreign Affairs on behalf of the Latvian Government

fi and the Acting Director of the LNHRO. Two substantial projects were initiated in support of the establishment of the Latvian National Human Rights Office as an independent statutory c? body: a United Nations Development Programme/Multi-Donor project (LAT/94/010) of US$ a H 1.1 million over four years (contributions by UNDP of US$ 240,000; Sweden US$ 400,000; ~ s. the Netherlands US$ 350,000; and Finland US$ 150,000), and a UN Centre for Human a Rights/UN Voluntary Fund project (LAT/95/AH/17) of US$ 695,000 over two years.

»-H

B The objective of the parallel projects, which both follow on from earlier UN/UNDP assistance in support of the development of Latvia's National Programme for the Protection and Promotion of Human Rights, is to help develop the LNHRO's capacity to operate as a fully a functional, independent national institution for the promotion and protection of human rights, able to inquire into and resolve violations of human rights and provide high-level policy advice to the Parliament and Government on Latvia's national and international ™ human rights obligations. Inputs under the two projects are viewed not just as an investment a in the continued well-being of Latvian society, but also in the continuing development of e peace and human security in the region.

^ While the two projects have provided the assistance necessary for the establishment of the LNHRO, a more important and lasting objective is capacity development of the Office so that to it becomes a self-sustaining national institution. By early 1997 the LNHRO had clearly begun to have a tangible impact on the human rights situation in Latvia. The Office's activities are focused on protecting the rights of particularly vulnerable groups in Latvian society, such as '"* women and children, people with mental or physical disabilities, non-citizens and members » of minority groups, prisoners and refugees. 1 ^-« .H After the first 14 months of implementation, the impact of these two complementary projects ^ is clearly identifiable. What follows is a concise analysis of the impact to this point of this integrated international assistance with respect to each of the LNHRO's statutory functions. PUBLIC AWARENESS^

General Information . With the assistance of project funds, the LNHRO has produced a number of informative brochures and other publications in three languages (Latvian, Russian, English) explaining to people about their rights and the role of the LNHRO in resolving allegations of human rights violations. The publications have been distributed extensively throughout the country.

The LNHRO has also produced booklets and other material on a number of specific human rights issues including domestic violence, the rights of military recruits, and the rights of individuals under arrest or held in police detention, or subject to prosecution. Several other such publications are in the process of being developed.

Information and Documentation Centre The Information and Documentation Centre (IDC) provides a valuable research resource base for the LNHRO staff, lawyers, Parliamentarians, academics, students, civil servants, non- governmental organizations (NGOs) and others involved in human rights issues in Latvia. The development of the IDC was greatly assisted by project funding through the purchase, and in some cases translation, of reference materials and the provision of equipment and training.

The IDC has a comprehensive range of human rights publications and materials including all of the basic human rights instruments in both Latvian and Russian which will facilitate better understanding and awareness of human rights amongst various commentators.

Training Programmes Training programmes in human rights for judges, civil servants and local government officials, police, prison officers and other officials are underway or being planned. The programme for civil servants, which commenced in September 1996, consists of lectures in human rights by national and international experts at the Latvian School of Public Administration. A series of lectures for some 140 staff of the Children's and District Courts has taken place. The LNHRO is working in close collaboration with the Human Rights Institute of the University of Latvia on the development of human rights training for judges, to be conducted in cooperation with the Judicial Training Centre. The Dutch Police have assisted in the development of a training programme for Latvian police officers involved in juvenile issues (Juvenile Inspectors). To date, approximately 30 people at senior levels have participated in the programme. »v

Plans for other training programmes are well-advanced and project funds are being used to S • develop 'Train the Trainer' programmes for police, military, border guards and prison g , officials.

a i i Seminars and Workshops Part of the LNHRO's (raining and education' programme involves an ongoing series of semi- nars and workshops on practical human rights issues for various practitioners, including ° , lawyers, judges, civil servants, police and others. Examples include children's rights, family t *•< law and domestic violence issues, abortion law reform, role of the media in human rights, PL, gender-based discrimination in the workplace, practical issues relating to the European Convention on Human Rights and case studies on matters before the European Court of

— Human Rights. The LNHRO is a regular participant in conferences, seminars and training

a programmes organized by other national institutions (e.g. Government agencies, NGOs and academic institutions) as well as by various international and European organizations and- 0) forums.

* Capacity Development of Latvian Institutions and Civil Society o ' Project funding provides the opportunity for participation by Latvian jurists, _ Parliamentarians, civil servants, representatives of NGOs and other key groups in inter-

0 national forums and training programmes on human rights. This involvement is having a favourable impact on capacity development of Latvian institutions and civil society in general, a major goal of Latvia's National Programme for the Protection and Promotion of a Human Rights. P INJon-Governmental Organizations • * .The LNHRO works closely with relevant NGOs on a range of issues. There are encouraging fl signs that the LNHRO's work with NGOs, including the provision of training opportunities

0 and involvement in joint programmes, is leading to better understanding among NGOs of the role and functions of the LNHRO vis a vis their own roles, greater cooperation between I NGOs, and improved organization of their representation. As an example of this collabora- tion the LNHRO Tecently assisted a number of NGO representatives to attend a seminar 1 specifically aimed at building NGOs' capacity in fund-raising. Representatives were selected 2 , on the basis of their ability and potential to share the knowledge gained with a wide range of other NGOs. i

o Schools Programme v Plans are well advanced for the introduction of human rights education into schools. The .„ LNHRO has established a working group comprised of NGOs and teachers to develop teach-

e ing materials for primary schools. The LNHRO is working in cooperation with the Ministry of Education on the inclusion of human rights education in the official school curriculum. i Training for primary school teachers will commence shortly.

4 i i Media and Public Relations Strategy The project has enabled the LNHRO to obtain high quality assistance in developing its media JS and public relations strategy. The strategy is based on the principles of easy accessibility to w> the LNHRO by the media and close cooperation with journalists and media organizations on •" specific -issues. . &

The excellent1 relations that the LNHRO has developed with the media and the marked s improvement in the quality of human rights reporting in Latvia testify to the tangible impact a of the media strategy. The generally negative and ill-informed reporting that was a feature of S media coverage of human rights issues in the Latvian media twelve months ago has all but 3 disappeared. In addition, the strategy has also resulted in increased public dialogue on HQ human rights issues contributing to greater awareness and understanding among the general public, t, o Television Programme & The LNHRO's weekly television programme, produced with the assistance of project funds, is contributing significantly to awareness raising and understanding of human rights issues. « This is supported by the results of a sociological survey (see below) which indicate that a t« significant proportion of respondents to the survey became aware of the LNHRO and human *• rights issues by watching the television programme. The programme has an average weekly fl viewing audience of 240,000. ° U The broadcast, which is in both Latvian and Russian with sub-titles to aid the hearing ~~ impaired, covers a large range of issues including the role of the state in the protection and h promotion of human rights; problems of people with mental or physical disabilities; issues * regarding the rights of prisoners or asylum seekers; explanation of the process of adminis- fi trative acts; and information on international human rights norms. °

The content and format of the programme is reviewed on a continuous basis to ensure its relevance and value to the viewing audience.

• r*4

Sociological Survey With the assistance of project funds, the LNHRO commissioned a major sociological survey B of attitudes and awareness in Latvian society on the question of human rights observance. The survey, which was conducted by Baltic Data House in September 1996 using a ques- tionnaire designed to gauge both attitudes and awareness among a sample size of 1500 respondents, has produced some very useful data. The survey indicated that almost one- third of the Latvian population is aware of the work of the LNHRO. Almost 39% of the people surveyed felt human rights to be a major issue, along with relations with Russia (38%) a and crime prevention (44%); of the 27% of those surveyed who-were aware of the work of the LNHRO, 37% had:a favourable opinion of its work while 23% had a negative opinion. a By providing more detailed feedhack, the survey has enabled the LNHRO to refine its public information strategy so as to more accurately and effectively target its message and prioritize

' H its activities. For example, as noted above, die survey indicated that a high proportion of

BO respondents learned about the activities of the LNHRO through its weekly television

a programme (see chart), thus highlighting television as a valuable element of the LNHRO's public awareness strategy. • ' «H t PH The survey will be conducted annually and will thus provide a regular and ongoing evaluation of the effectiveness of several of the LNHRO's programmes.

-, -a How survey respondents found out about the LNHRO i »•

Note: The percentages shown exceed 100% because some respondents indicated more than one source of information about the LNHRO.

International Awareness The powers and functions of the LNHRO as set out in legislation have generated consider- able interest in other central and eastern European countries. As a consequence of this, the •9 Acting Director of the LNHRO is regularly invited to attend regional and international a conferences on national human rights machinery to describe and explain the Latvian model. This involvement, facilitated by project inputs, has also provided opportunities to forge close links between the LNHRO and other national human rights/ombudsman institutions as well as regional/international human rights organizations. t)

6 On 10 October 1996, the LNHRO became the first full member of the International ** ' Ombudsman Institute from a Baltic country. The LNHRO also recently joined the European Regional Group of National Institutions for the Promotion and Protection of Human Rights and, within that framework, was invited to be. one of the initial members of the European Coordinating Group (EGG), along with the Danish Centre for Human Rights (chair), the Human Rights Commission under the President of the Russian Federation, the National Advisory Commission on Human Rights of France and the Ombudsman against Ethnic a Discrimination of Sweden.

In addition, it is anticipated that the LNHRO will host the Third European Regional Meeting of National Institutions in close cooperation with the Council of Europe, OSCE and the United Nations. The LNHRO has also recently been invited to a seminar in Mongolia to assist the authorities develop a public awareness programme for human rights. Furthermore, the LNHRO will be involved in the organization of the Third UNDP International Workshop on Ombudsman and National Human Rights Protection. Institutions to be held in Riga in June 1997.

INVESTIGA TION OF COMPLAINTS

Since it commenced operations over a year ago, the LNHRO has received in excess of 1600 complaints of human rights violations, or approximately 100 complaints per month. The tables below provide a breakdown of the complaints by area of concern and also indicates their status. The large number of complaints is a good indication of the effectiveness of the Q) LNHRO's public awareness strategy - the general public are now more aware of their rights a and are prepared to come forward with complaints of violations. The number of complaints o also clearly indicates the need in Latvian society for an independent institution for the promotion and protection of human rights.

As an alternative dispute resolution process, the LNHRO's complaint handling function provides a relatively fast, inexpensive and effective remedy for human rights violations. At present, it takes an average of about three months to resolve a standard written complaint. Summary by subject of complaints and submissions received by the Latvian National Human Rights Office : 1 July - 20 December, 1996

Total Complaints

c a)

I written P verbal

CID - Citizenship and Immigration Department

Written Complaints

cd

under investigation 55 dismissed

| under investigation Q dismissed I I closed ^ resolvei

CID - Citizenship and Immigration Department Breakdown of Complaint Areas

doctors

housing 24%

fl

depositors eg 1% officials / jobs 18% prisons a : 8% a •. ownership vulnerable 5% assistance 9% 12% ffl •

CID - Citizenship and Immigration Department fa ' o i

Systemic Change/Preventive Action

In a number of cases, the resolution by the LNHRO of individual complaints has led to changes in the policy and practice of the governmental agencies concerned, which will con- tinue to be applied to other similar cases in the future. The case of the asylum seekers held at the temporary detention facility at Olaine is a good example of this (see case study below)

The following four cases are examples of complaints resolved by the LNHRO.

Case Study 1 - Asylum Seekers:

In May 1996, the LNHRO received a submission from one of a number of asylum seekers being held in a temporary detention facility at Olaine, some 25 km from Riga. The submis- sion concerned the legal basis for the person's detention. He was among a large group of asy- 0- lum seekers who had been held in detention since December 1994. a

o

The LNHRO had already commenced an examination of the conditions of detention and as CJ a result of this submission determined that a more wide-ranging systemic approach to the » issue of asylum seekers in Latvia was required. Latvia is not a signatory to the 1951 UN Convention Relating to the Status of Refugees or the 1967 Protocol and the domestic legal system was seen as inadequate to cope with the current situation. The LNHRO adopted a multilateral approach to the issue which included engaging an international expert to prepare recommendations for a national policy on the refugee issue and a draft law on asylum seekers. The LNHRO was invited to join a Government working group established by the Prime Minister to develop a draft law on refugees. The Cabinet of Ministers has approved the draft law and referred it to the Saeima.

In addition, the LNHRO worked jointly with the Ministries of Foreign Affairs and Interior and the United Nations High Commissioner for Refugees (UNHCR) on a process for deter- mining the refugee status of the asylum seekers in Latvia. As a result of this process, a large number of those in detention were eventually determined to:be refugees and on exceptional humanitarian grounds were resettled in Nordic countries.

Finally, the LNHRO instituted inquiries into allegations of human rights violations relating to the detention itself, primarily with the purpose of preventing possible violations.

o. Case Study 2 - Refusal to Grant Residence Permit: a Mr S., whose family was refused a residence permit in Latvia, sought assistance from the LNHRO. The request for a residence permit was motivated by the fact that for health reasons his wife was unable to live in a hot, dry climate, i.e. the country to which they had emigrat- ed. Since their previous place of residence was Latvia, they wished to return there. The Citizenship and Immigration Department refused to issue a residence permit on the grounds that there were 'no apparent legal grounds for granting the permit'.

The LNHRO approached the Minister of Justice and the Minister of Interior with reference to Article 24 of the law On Immigration and Residence of Foreign Nationals and Stateless Persons Living in the Republic of Latvia, which provides that 'in special cases not covered by this law, a residence permit may be granted by decision of the Cabinet of Ministers ... '. As a result, Mr S. and his family were granted a residence permit.

Case Study 3 - Failure of Authorities to Provide Adequate Housing:

i| "a :•!f The LNHRO received a complaint from a number of families who, as a result of a Court order, had been left without accommodation. They had been living in railway cars awned by the state joint-stock company 'Latvijas Dzelzcels' (Latvian Railways], which considered these service-related accommodation. The Court verdict was not appealed because the people had not understood their rights. Also, according to them, several officials had failed to give them

10

/i "V - full information about their rights and obligations. After lengthy negotiations with the Housing Services of Riga City Council, and only after the railway cars were destroyed and the people literally left on the railway, tracks, were they placed in sub-standard apartments, this being the only solution available at the time. Subsequent to this decision, social hous- ing has been developed in Riga, and these families are now living there.

Case Study 4 - Failure to Provide Identity Document: 6 A man who had been conscripted to the armed forces of the USSR in the territory of Ukraine, tt but had later served in the territory of Latvia, complained to the LNHRO about the unwill- X ingness of the authorities to provide him with an identity permit and that, as a result of this situation, he was denied the opportunity to go to court to defend his rights, to travel to anoth- er country, and to be legally employed, constituting an infringement of his human rights. After leaving service with the armed forces of the USSR, the complainant voluntarily joined the service of the Ministry of the Interior of the Republic of Latvia, giving the oath of loyal- ty to the Republic of Latvia. He is married to a permanent resident of the Republic of Latvia.

Upon discharge from the armed forces of the USSR, he was not issued with an identity doc- ument (passport). He had received information from the Ukrainian authorities that his pass- a port had been destroyed. a O The complainant had made several attempts to legalize his status in Latvia, receiving each time the same reply from the Citizenship and Immigration Department (CID): 'In order for you to legalize yourself in the Republic of Latvia, you must submit to the CID the domestic passport of the former USSR or a document of identification issued or recognised by an affil- iated country." It was not possible for the complainant to comply with this request because he was unable to obtain a document of identity from another country [other countries, too, have a requirement to submit the previous document of identification in order to receive a new one). The complainant was in the situation where he was unable to legalize his status in the Republic of Latvia or obtain proof of identity from the Ukraine, nor was it possible to expel him from the country.

The LNHRO contacted both the Ukrainian Embassy and the CID and as a result the com- o plainant has been able to submit the necessary documents in order to receive a Ukrainian U passport. Once the passport has been issued, the CED will issue a residence permit for the Republic of Latvia.

11 INVESTIGATION OF MAJOR HUMAN'RIGHTS I

Citizens/Non-Citizens With the support of the project, the LNHRO recently completed a comprehensive analysis of the various differences between the rights of citizens compared with those of permanent res- idents of Latvia without citizenship. On the basis of this analysis, the LNHRO has recom- mended changes to the law and practice in those areas where the differences are contrary to international human rights standards. The LNHRO's opinion was generally favourably received and sparked some valuable public debate on the issue. Since the release of the LNHRO's opinion, the matter has been under active consideration by the Human Rights Commission of the Saeima.

The LNHRO continues to be actively involved in this issue, including monitoring how the required changes are being brought into legislation and practice and examining further areas where the rights of permanent residents without citizenship may be being violated.

Asylum Seekers The LNHRO has taken an active interest in the issue of asylum seekers in Latvia and, largely through the LNHRO's efforts, major improvements have occurred in both law and practice. The LNHRO's involvement has included a) examining the conditions of detention; b) investigating alleged violations of human rights; c) raising public awareness of the issue ; d) recommending to Government a plan of action for the development of a legal framework; and e) as an observer in the official working group, playing a key role in the development of a law on refugees. The draft law has now been referred to the Saeima by the Cabinet of Ministers.

Children The LNHRO has been active in a number of areas related to children's rights. With the assis- tance of project funds, a large scale awareness campaign, including the establishment of a children's telephone hotline, has served to bring children's rights issues to the attention of the public. The LNHRO has made recommendations to the Saeima and various Government working groups on such issues as abandoned children (foundlings) and sexual exploitation of children and has contributed to the work of the Inter-Ministerial Consultative Committee for the protection of the rights of children. The LNHRO sees the establishment of the Children's Courts as a positive step towards pro- ^ viding children with a legal remedy. Thus, as mentioned earlier, the LNHRO has provided j, training for staff of the Children's Courts and members of the police involved in juvenile mat- «> ters. The LNHRO's activities in this field are ongoing and it aims to ensure that children's ••< rights are fully protected by law and administrative norms. a$

People with Disabilities . a The LNHRO has undertaken a comprehensive review of Latvian legislation vis a vis human ° rights standards relating to the protection of the rights of persons with mental or physical • S disabilities and has developed recommendations for a plan of action to ensure that these 3 rights are protected. This work is continuing and is expected to result in substantial improve- SS ment in the quality of life of people with disabilities. A National Council on Disabled Affairs is presently being set up and the LNHRO's representation in the Council is envisaged. In o addition, a series of lectures at rehabilitation centres has been organized to raise the aware- fe ness of people with disabilities of their rights as provided by legislation, and how these rights can be enjoyed in practice. ti People in Crisis • „ Research by the LNHRO has indicated a lack of facilities to assist people in crisis. Through q the project, the LNHRO has funded the initial stages of the development of the requisite ' » capacity in crisis counseling and intervention in Latvia. • O •^.

The eventual establishment of crisis intervention centres is expected to have a marked 0 impact on the capacity to provide assistance to the population in areas such as family crisis, financial crisis and domestic violence. Following the initial training for crisis hot-line work- • o ers, a crisis telephone line is soon to be set up as the first step in the process of creating a • • • ••* full-fledged crisis intervention centre.

• *' Other .„; Project funding is assisting the LNHRO to conduct in-depth analyses of other major human jj rights-related issues such as discrimination relating to employment, religious freedom, g prison conditions and prisoners' rights. The outcome of this research is expected to result in o a number of positive and practical recommendations for change and education programmes u to encourage compliance and to improve the situation generally. A on

•13 ] ; General rt A major element of the capacity development assistance is to facilitate the LNHRO becom- 1 " ing a viable and credible national institution capable of undertaking high quality analysis 'J ao and providing high-level policy advice. Since the start of the LNHRO's operations, project o funds have enabled the LNHRO staff to receive extensive training in various skills develop- 1 ^ ment and in human rights law and jurisprudence. This has substantially and rapidly , enhanced their capacity to carry out high quality analysis and provide substantive policy ! advice as evidenced by the opinions and submissions being provided to the Parliament and i other bodies. !i ** i Some specific examples of analysis and advice provided include:

: I fl • comments on the draft law on the Latvian National Human Rights Office, which i j _ resulted in a workable and effective law giving the LNHRO complete independence and adequate powers to effectively carry out its functions; o

• contributing to the resolution of the situation of asylum seekers both in terms of their eventual resettlement and the development of an ongoing legal framework (see above); i>

a • opinions and submissions related to the operation of existing and proposed laws P including:

- the draft law on the Constitutional Court;B .. - an alternative draft Citizenship law; i a i : - the draft Language law; 3 fl ] " - the issue of citizens/non-citizens rights; - the draft law on Military Service; - amendments to the Criminal Code on the Sexual Exploitation of Children; - amendments to the Latvian Code of Administrative Violations which could potentially have restricted freedom of religion; - the right of religious organizations to he registered; - the law on Rent of Residential Space, as to the parts conflicting with human rights norms; - the right of persons not to disclose their political beliefs.

ongoing review of a number of laws and proposed laws to ensure their compliance with human rights standards. For example, a comparison of Latvia's laws in relation to its obligations concerning the rights of physically and mentally disabled people which is expected to result in a number of recommendations for changes to laws and practice.

14 Presidential Consultative Council on Nationalities The LNHRO provided advice and assistance in the establishment of this Council which has a the task of highlighting and discussing issues of concern to various minorities in Latvia. The « Council aims to promote a dialogue between representatives of minority nationalities and the Government. K

Treaty Reporting Obligations a The LNHRO's role as human rights monitor in Latvia will help to satisfy one of the essential « preconditions to Latvia's effective reporting under the various treaties to which Latvia is a g party, including the International Covenant on Civil and Political Rights; the Convention on q the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of j. All Forms of Discrimination Against Women; the Convention on the Rights of the Child; and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or h

Punishment. e

u, It can be expected that the quality and accuracy of such reporting will improve as a result of the LNHRO's involvement in the process as a member of the various working groups respon- a sible for preparing the reports. Training and reference materials provided through the pro- „ ject should help facilitate the development of the required treaty reporting capacity.

COORDINATION

Gender Conference • A further indication of the LNHRO's rapid capacity development is the important role it has ° been designated to play in follow-up activities to the Fourth World Conference on Women, = which was held in Beijing in 1995. These include a key role in the organization of the Baltic- Nordic Conference on Gender Equality, due to take place in Valmiera, Latvia in August 1997. " 0) The Conference 'Women and Men in Dialogue' aims to openly discuss the stereotypes and problems which hinder the implementation of gender equality in our societies. One of the fl objectives is to draw the attention of the authorities to the importance of gender-conscious B policies as a prerequisite for diverse and sustainable development. The Conference will be o co-financed by the Nordic Council of Ministers. u

15 0) " s CONCLUSION a The first 14 months of project implementation have already demonstrated that well a designed, well coordinated and fully integrated international technical assistance (both b bilateral and multilateral) can have a substantial impact on developing the operational

DC capacity of an independent national institution for the protection and promotion of human o rights. In this context, the UNDP would like to acknowledge the very important cost-sharing financial contributions made to its project by the Governments of Finland, the Netherlands and Sweden. The Office of the High Commissioner/UN Centre for Human Rights in Geneva would like to acknowledge the important contribution of those countries which have con- tributed to the UN Voluntary Fund for Technical Cooperation.

Clearly, the national institution which has been established in Latvia gives tangible expression to the conclusions of the World Conference on Human Rights, held in Vienna in s 1993. In addition to recommending that governments develop national plans, as the Government of Latvia has done, the Vienna Declaration and the Programme of Action urge B. governments to establish effective national institutions so that the obligations embodied in O the relevant international human rights instruments would be given greater effect. The Latvian National Human Rights Office serves as a very practical example of such a national institution and has been specifically designed to comply with the relevant interna- tional standards relating to the status of independent national institutions as endorsed by the 01 UN General Assembly and by the UN Commission on Human Rights. p

16