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<h1 class="">Citizenship and Language Policy in Latvia</h1>
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14.01.2015. 16:52</div>
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<p>In accordance with the doctrine of state succession in national and
international law, the Republic of Latvia retained the legal personality
of the state that, <em>de facto</em>, lost its independence in 1940 as a
result of occupation by the USSR, followed by Nazi Germany, and then
again by the USSR in 1945. The Baltic States were the only three members
of the League of Nations that did not regain independence immediately
after the Second World War.</p>
<p>The occupation of Latvia in contravention of international law, and the persistence of <em>de iure</em>
independence of the Republic of Latvia throughout the Soviet occupation
was recognized by our Western partners, and was accepted by other
states, international organizations and tribunals, among them the
European Court of Human Rights.</p>
<p>On 4 May 1990, the Republic of Latvia declared the restoration of its
independence with all legal consequences - restoring the body of law
(including the Constitution, Civil Code, Property Law, the Law on
Citizenship, etc.) and democratic institutions.</p>
<p>On 17 September 1991, the Baltic States became members of the United
Nations. And the USSR ceased to exist in December 1991. The Baltic
States are not successor states of the USSR.</p>
<p>An integral part of restoration of independence of the Republic of
Latvia was the restoration of the status and rights of those persons who
were recognized as Latvia’s citizens under the 1919 Law on Citizenship,
as well as their descendants. </p>
<p>At the same time, Latvian authorities recognised that a group of
persons, who had immigrated during the period of Soviet occupation and
who lost their USSR citizenship after the dissolution of the Soviet
Union but who had never been citizens of the Republic of Latvia or their
descendants, were permanently residing in Latvia.</p>
<p>Since these individuals were not eligible for automatic acquisition
of Latvia's citizenship, a special temporary status was established for
former USSR citizens: the status of “former citizens of the USSR without
the citizenship of the Republic of Latvia or any other country” (<em>hereinafter</em> “non-citizens”).</p>
<p>Non-citizens of Latvia are not stateless persons. The protection
provided to non-citizens in Latvia extends beyond that which is required
by the 1954 Convention Relating to the Status of Stateless Persons.</p>
<p>Non-citizens enjoy equal protection under the law both in Latvia and
while living or travelling abroad, and are the only group of persons, in
addition to citizens, who are granted permanent residence in Latvia <em>ex lege</em>. They can have permanent residence in a foreign country while retaining all rights and privileges, <em>inter alia</em>,
to travel freely and to return back to Latvia at any time. Non-citizens
have the same social guarantees as Latvian citizens including, for
example, with regard to pensions and unemployment benefits. As to
political rights - the only significant difference between Latvian
citizens and non-citizens is the right to vote and to work in the civil
service or occupy posts directly related to national security.</p>
<p>Non-citizens are able to become citizens of Latvia through a simple
naturalization procedure, and currently more than 142,000 persons have
been granted citizenship of the Republic of Latvia in this manner.
Latvia's authorities stress that the status of non-citizens is
considered temporary in nature.</p>
<p><strong><em>Naturalization</em></strong></p>
<p>The percentage of non-citizens has dropped to 12.7% (276 797) in July
2014 compared to 29% (approximately 730 000) in 1995, when the
naturalization process began. 83.7% of Latvia's residents are now
citizens. As of 1 December 2014, 142 380persons have been granted
Latvian citizenship through the naturalization procedure.</p>
<p>More than 99% of the children born in Latvia in 2014 are Latvian citizens.</p>
<p>Latvia continues to encourage non-citizens to apply for citizenship
both through passage of legislation which facilitates naturalization and
also by engaging in public information campaigns.</p>
<p>Since their introduction, the Latvian language and history exams have
been simplified. The naturalization fee has been reduced for
low-income, unemployed, retired persons, and abolished for politically -
repressed and disabled persons, orphans and persons from social care
institutions.</p>
<p><strong><em>Amendments to the Citizenship Law </em></strong><em>-9 May 2013<strong> </strong></em></p>
<p>On 9 May 2013, after more than two years of meticulous work the Saeima (Parliament) adopted Amendments to the Citizenship Law (<em>hereinafter</em> – Amendments). The Amendments were endorsed by the President of Latvia on 23 May 2013 and came into effect on 1 October 2013.</p>
<p>The overall aim of the Amendments is twofold: to adjust the
Citizenship Law taking into account developments since 1998, and to
further simplify citizenship acquisition and the naturalization process.</p>
<p>Regarding the first aim, increased mobility of Latvia's population
after joining the EU and, consequently, the need to sustain ties with
citizens all over the world determined the need to extend significantly
the scope for dual citizenship.</p>
<p>Regarding the second aim, several measures have been implemented.</p>
<p>In accordance with the Amendments, Latvian citizenship is granted
automatically to children of stateless persons and non-citizens: one
parent’s consent is sufficient to register a newborn child whose parents
are stateless or non-citizens as a citizen of Latvia at the time of the
birth registration at the Civil Registry Office. The Amendments also
eliminate a previous requirement for the parents to make a pledge of
loyalty when registering citizenship of the child of a stateless person
or a non-citizen. </p>
<p>In June 2014, approximately <em>eight months since the amendments to the Citizenship Law have come into force, a positive trend can be clearly observed - </em>the number of newborns (whose parents are both non-citizens) that are registered as Latvia’s citizens has risen from 52% to 88%.</p>
<p>According to the Amendments, a child under the age of 15 that has not
been registered as a citizen of Latvia at the time of the registration
of their birth can be registered as a citizen with an application
submitted by one of the parents. Between 15-18 years of age, a child can
themselves apply to be registered as a citizen.</p>
<p>The Amendments also provide that pupils who have acquired more than
half of the basic educational program in the Latvian language are exempt
from all naturalization examinations and are registered as citizens
upon submitting a naturalization application in accordance with the
standard procedures.</p>
<p>The Amendments also simplify the requirements regarding permanent
residence for the naturalization applicants, removing the requirement
for uninterrupted residence in Latvia. A specific paragraph of the
Amendments deals with the Latvian language test and exemptions
therefrom. Namely, the requirements of the Latvian language
naturalisation test have been standardised and are in line with the
requirements of the centralised language tests in educational
institutions, be it Latvian or national minority educational
institutions. As a result of the Amendments, former military personnel
of USSR (Russia) who opted to remain living in Latvia after the breakup
of the Soviet Union now have the possibility to acquire Latvian
citizenship by completing the naturalization procedure. </p>
<p>Since restoration of independence in 1991, Latvia has engaged in a
challenging long-term effort to promote societal integration. We believe
that the Amendments to the Citizenship Law attest to yet another
expression of Latvia’s will and interest to further consolidate and
integrate its society.</p>
<p><strong>Language Policy in Latvia</strong></p>
<p>The Latvian Constitution and laws guarantee and protect the rights of
persons belonging to national minorities so that they can preserve and
develop their language, and their ethnic and cultural identity.</p>
<p>State Language Law is aimed at preservation, protection and
development of the Latvian language, but at the same time provides for
the integration of national minorities in the society of Latvia by
observing their rights to use their native language or any other
language.</p>
<p>Latvia continues to develop and finance its liberal education model –
the state finances national minority education programmes in seven
languages: Russian, Polish, Hebrew, Belarusian, Ukrainian, Estonian,
Lithuanian. Currently (academic year 2014/2015), state finances 109
schools in one of the afore-mentioned languages and 65 schools that have
both Latvian and minority language programmes. Secondary schools are
entitled to determine which subjects are taught in Latvian, but the
total should be 60% of all subjects. Primary schools have the option of
choosing from five national minority education models, one of which
allows schools to devise their own unique educational
model. </p>
<p>On 18 February 2012, a referendum was held in Latvia where a large
majority of voters rejected constitutional amendments that would make
Russian the second state language.</p>
<p>The referendum prompted a high turnout: 71.1% of Latvia's eligible
voters participated in the referendum. Results were clear: only 17 % of
eligible voters voted in favor of adopting Russian as the second state
language. No substantive complaints about the conduct of referendum were
received.</p>
<p>Concerning Russia's claim that part of the population (non-citizens)
was not allowed to vote in referendum - the Latvian Government's
position is that the right to vote is an integral part of citizenship.
Non-citizens are ensured easy access to naturalization and citizenship. </p>
<p>The referendum reaffirmed that sensitive issues can be addressed
through democratic means, and that work will continue towards developing
an open and consolidated society on the basis of European democratic
values and Latvian as the only state language.</p></div>
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