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Latvia the Claim for Independence Leva JÄ Kobsone* * Desk Officer

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Latvia the Claim for Independence Leva JÄ Kobsone* * Desk Officer Latvia The Claim for Independence leva JÄ�kobsone* The legal basis for de facto renewal of sovereignty of the Republic of Latvia was laid on 4 May 1990, one year before the collapse of the Soviet Union. On this date the Declaration of the Supreme Soviet of the Latvian SSR On the Renewal of the Independence of the Republic of Latvia proclaimed the renewal of independence of the State establishing a transition period for the restoration of de facto independence. The Declaration stated that the incorporation of the Republic of Latvia in the Soviet Union was illegal with respect to general principles of international law and that the Republic of Latvia continued to exist de jure as the subject of international law during the occupation by the Soviet Union. The Declaration partly restated the legal force of the constitutional basis of the pre-war Republic - the Satversme (Constitution). The Declaration expressed the desire: ' (...) To recognize the supremacy of the fundamental principles of intemafional law over national law. To consider illegal the Treaty of August 23, 1939 between the USSR and Germany, and the subsequent liquidation of the sovereignty of the Republic of Latvia on June 17, 1940 which was the result of the USSR military aggression. To declare null and void from the moment of adoption the Decision of July 21, 1940 of the Saeima of Latvia 'On the Republic of Latvia's Joining the USSR'. (...) To guarantee citizens of the Republic of Latvia and those of other States permanently residing in Latvia social, economic and Cultural rights, as well as those political rights and freedoms which comply with the universally recognized international human rights instruments (...). To develop relations between the Republic of Latvia and the USSR in accordance with the Peace Treaty between Latvia and Russia of August 11,1920 which is still in force and which recognizes the independence of Latvia forever. (...)'1 (full text of the Declaration - see Annex 1).' The fact that the occupation of Latvia was not recognised by a large number of the Western States sent a clear message that the struggle for independence was a just cause. In a statement of the United States of America on 14 June 1990, 'Baltic Freedom Day', it was acknowledged that: * Desk Officer, International Law Division, Legal Department, Ministry of Foreign Affairs of the Republic of Latvia. Declaration of the Supreme Soviet of the Latvian SSR, 'On the Renewal of the Independence of the Republics of Latvia', The Informer of the Saeima and the Cabinet of Ministers, No. 20, 17 May 1990. `(...) The intemationa) community has long decried the dark summer of 1940 when as a result of a self - serving agreement made earlier by Hitler and Stalin in the Molotov - Ribbentrop Pact, the Baltic States were denied their independent status. During the fateful summer, Soviet troops invaded and occupied the Baltic States. The rigged elections that followed put an end to Baltic self - determination. These events, however, did not end the desire of the Baltic peoples for freedom and independence. During the past years, they have taken major steps toward achieving self - determination. Generally free and fair elections based on vigorous multiparty political system produced popular legislatures. In decisions reflecting the will of the Baltic peoples, Lithuania, Estonia and Latvia have asserted their intention to restore their independence. The representatives of the Baltic peoples have taken a nonviolent path and have consistently appealed for dialogue and negotiations with Moscow. For 50 years the United States has refused to recognize the forced incorporation of the Baltic States into the Soviet Union. (...) We support the self - determination for the Baltic peoples, and we call upon the Soviet Union to enter a good - faith dialogue with representatives of the Baltic governments who received popular mandates in free and fair elections. (...) The right to liberty and self - determination; free and fair elections; a better life for themselves and for their children - these are the first aspirations of the people of Estonia, Latvia and Lithuania. On this Baltic Freedom day we reaffirm our support for them (...)'.2 Consequently the Althingi of Iceland in the Parliamentary Resolution on support for the Baltic States' struggle for independence on 18 December 1990 stated that it: ...considers that until the Baltic States have gained full recognition of their independence conflicts in Europe have not been settled. The Althingi emphasizes the right to self - determination of the Baltic States and proclaims its support for all peaceful efforts to settle the dispute between the Baltic States and the Soviet Union.'3 The Western States accepted the Baltic States' claim to independence but for the most part held that the conflict must be resolved among the parties in the dispute. The United Kingdom, in a letter of May 1990, affirmed that it acknowledged the wish of the Latvian people to determine their own future, and stated that: I as you know, we have never recognized the incorporation of the Baltic States into the Soviet Union as legal', but ' in practical terms, however, 2 Baltics Freedom Day, 1990, A Proclamation by the President of the United States, archives of the Ministry of Foreign Affairs of the Republic of Latvia. Parliamentary Resolution on Support for the Baltic States' struggle for independence, archives of the Ministry of Foreigu Affairs of the Republic of Latvia, received 18 December 1990. .
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