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Statelessness and Nationality Department of Law Spring Term 2015 Master’s Thesis in International Law 30 ECTS Statelessness and Nationality The Case of Non-Citizens in Latvia Author: Maria Hellborg Supervisor: Professor Inger Österdahl Summary Following its restoration as an independent state in the 1990s, the new Republic of Latvia inherited a significant population of former citizens of the Soviet Union who resided legally in the country, but were not given Latvian citizenship. The situation of these "non-citizens" of Latvia remains an unresolved issue, which has bearing on international law by its close connection to the concepts of nationality and statelessness. The issue also holds importance because of its implications for Latvia as a country, and for its consequences in relation to regional stability. From a perspective of contemporary international law this thesis will examine whether the non-citizens of Latvia are to be considered as constituting stateless individuals. The thesis will also address the question of whether the Latvian non-citizens are, through their legal status, limited in their access to human rights. Finally the thesis will discuss how the issue of non- citizens affects regional stability through the Latvia-Russia relationship. List of Abbreviations 1954 Convention The 1954 Convention Relating to the Status of Stateless Persons 1961 Convention The 1961 Convention on the Reduction of Statelessness 1930 Hague Convention The Convention on Certain Questions relating to the Conflict of Nationality Laws Art. Article CBSS The Council of the Baltic Sea CERD The Committee on the Elimination of All Forms of Racial Discrimination CIS Commonwealth of Sovereign States CoE Council of Europe CRC Convention on the Rights of the Child ECN 1997 European Convention on Nationality ECHR European Convention on Human Rights ECtHR European Court of Human Rights EU European Union EU-MIDIS European Union Minorities and Discrimination Survey ICCPR 1966 International Covenant on Civil and Political Rights ICERD 1965 International Convention on the Elimination of All Forms of Racial Discrimination ICJ International Court of Justice ICJ Statute Statute of the International Court of Justice ILC International Law Commission KGB Komitet Gosudarstvennoy Bezopasnosti LTR Long Term Resident NATO North Atlantic Treaty Organisation NCC Non-Citizens Congress NGO Non-Governmental Organisation OSCE Organisation of Security and Co-operation in Europe PCIJ Permanent Court of International Justice TCN Third Country National TFEU The Treaty on the Functioning of the European Union UN United Nations UNHCR United Nations High Commissioner for Refugees UDHR 1948 Universal Declaration of Human Rights USSR Union of Soviet Socialist Republics Table of Contents 1. Introduction 2 1.1. Background 2 1.2. Purpose and Research Questions 2 1.3. Method and Material 3 1.4. Disposition 3 1.5. Delimitation 4 2. Historical Context 5 2.1. Independent Latvia 5 2.2. Restoration of citizenship 6 3. Statelessness in International Law 7 3.1. 1954 Convention Relating to the Status of Stateless Persons 8 3.1.1. De jure statelessness 10 3.1.2. Concept of Nationality 11 3.2. 1961 Convention on the Reduction of Statelessness 12 3.3. The Connection Between International and National Legislation 14 4. International Human Right Treatises Concerning the Protection of Stateless Persons 15 4.1. International Human Rights Treatises 15 4.2. International Principles in Relation to Statelessness 17 4.3. The Connection Between Citizenship and Human Rights 21 5. Regional Protection in Europe 23 5.1. European Convention on Nationality 24 5.2. Case Law of the European Court of Human Rights 25 5.3. EU Citizenship and Third Country Nationals 26 5.4. Changes in Latvian policy due to EU accession 29 6. The Case of Latvia 29 6.1. The Concept of Non-Citizens – Stateless or Not? 29 6.2. Access to Naturalisation 34 6.3. The Naturalisation Process 37 6.4. Stateless, Non-citizens or de facto citizens? 40 6.5. Non-citizens and Human Rights 43 7. Russian criticism and interference 47 8. Conclusions 51 9. References 54 1 1. Introduction 1.1. Background During the Soviet occupation of Latvia between 1940 and 1991, hundred of thousands Soviet citizens moved to Latvia in connection with the russification policy carried out by the Soviet leadership. After the collapse of the Soviet Union in 1991, Latvia once again became an independent state. The Latvian state restored the citizenship laws of the inter-war independent republic of Latvia, leaving almost 750,000 USSR settlers without a citizenship. However, the Latvian state did not recognise the USSR settlers as stateless. Instead Latvia argued that these people belonged to a new category, namely non-citizens. The non-citizens have an opportunity to be naturalised and thereby become Latvian citizens, but in spite of this this option the group of non-citizens still constitute almost 280,000 individuals and non-citizens make up about 13 per cent of the entire Latvian population.1 According to Art. 1 of the 1954 Convention Relating to the Status of Stateless Persons (1954 Convention), a stateless person is a person who is not considered as a national by any State under the operation of its law. Despite this, the Latvian state does not recognise the Latvian non-citizens as stateless. Some international bodies have accepted this notion, but there are also those who take the contrary view. The question whether non-citizens should be considered stateless or not is therefore disputed. 1.2. Purpose and Research Questions The situation of Latvia’s non-citizens is still an unresolved issue emanating from the disbandment of the Soviet Union. The question is not only of importance on an individual level but also for the Latvian state, since the issue has consequences for the Latvian-Russian relations and thereby also for the regional stability. The purpose of this thesis is to assess whether the non-citizens of Latvia should be considered as stateless in the view of contemporary international law, and whether the status as non-citizens is 1 Office of Citizenship and Migration Affairs, Republic of Latvia, Iedzīvotāju skaits pašvaldībās sadalījumā pēc valstiskās piederības , (Population in municipalities distributed by nationality), 01.07.2014. 2 limiting their access to human rights (assessed from both an international and regional perspective). Furthermore, I will also examine how the issue of non-citizens affects Russia-Latvian relations and regional stability. In summary, this thesis sets out to answer the following questions: − Are the Latvian non-citizens stateless according to international law? − Does the lack of citizenship adversely affect the human rights of non-citizens in Latvia? − Does the continued existence of non-citizens in Latvia have consequences for regional stability? 1.3. Method and Material Throughout this thesis, the legal dogmatic method will be used. I will assess the current situation with the help of relevant conventions. As a supplement to these sources I will use literature and case law, both international and national. There are some sources in Latvian and Russian languages, but English sources have been used to the extent it was possible. 1.4. Disposition The thesis is divided in to four main parts. First, the thesis will shortly describe the history of citizenship in Latvia in order to provide the reader with an understanding of the context surrounding the issues. Second, I will investigate the concept of statelessness and nationality within the framework of international law, and discuss the international and regional human rights regimes that are currently in force and extend protection to stateless individuals. The third part will discuss more specifically the Latvian situation, where I will go through the concept of non-citizens as it is applied in Latvia. In connection to this, I will also assess the importance of a nationality, and whether the non-citizens of Latvia need a nationality in order to enjoy their human rights and the protection of the state. In the fourth and last part I will briefly discuss the influence of Russia on Latvian domestic policies and examine whether this, in connection to the issue of the non-citizens, might constitute a threat to regional stability. 3 Due to the complexity of these issues, the last part will be restricted specifically to questions that are related to the issue of Latvian non-citizens. 1.5. Delimitation This paper will investigate the question of non-citizens in Latvia from a perspective of statelessness and human rights, as it relates to international law. Therefore it will not explicitly deal with matters specifically concerning minority protection and minority rights, although these issues are related. While the consequences of the issue of non- citizens for Russian-Latvian relations and regional stability will be discussed, the potential EU-Russian dimension of this issue will not be addressed. Finally, there are several human rights treatises that deal with the issues of nationality and statelessness, but only those who has relevance to Latvia will be examined in the part concerning human rights and nationally. 4 2. Historical Context 2.1. Independent Latvia Latvia has a long tradition of being a multi-ethnic society, and until the turn of the 20th century Latvia had never been an independent country. It had, for example, been a part of both the Swedish and the Russian Empires. In 1918, Following the Russian (Bolshevik) revolution in 1917, Latvia became an independent state for the first time. The newly formed Latvian republic rapidly developed into a modern western country, becoming a parliamentary democracy and establishing foreign trade relations with its western neighbours. It also became a full member of the League of Nations.2 The period of independence, however, turned out to be short lived. In June 1940 Soviet troops invaded Latvia, following the Molotov-Ribbentrop-pact between the Soviet Union and Nazi Germany, and the country became a member of the Soviet Union.
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