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TITLE: LATVIA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
LATVIA
Latvia regained its independence in 1991 after 50 years of
Soviet rule. A parliamentary democracy, Latvia in June held
its first free and fair elections in over 60 years, albeit
under a restricted franchise (see Section 3), and in July
reinstated its 1922 Constitution. Valdis Birkavs of the
right-of-center coalition party Latvia's Way, which won 36 out
of 100 seats in the Saeima (parliament), became Prime
Minister. The Saeima in July elected Guntis Ulmanis of the
Farmers' Union as President (head of state). The Prime
Minister, as chief executive, and the Cabinet are responsible
for day-to-day government operations. A 1991 Constitutional
Law, which supplements and expands on the 1922 Constitution,
provides for basic rights and freedoms.
Latvian authorities are gradually replacing the Soviet-trained
police; however, there are recurrent allegations of corruption
among police and security forces. The Home Guard, a voluntary
military reserve, assists in police patrols but has no arrest
powers. The regular military services have yet to establish
internal disciplinary procedures in accordance with democratic
norms. The Latvian Republic Security Service was involved in
at least two unsuccessful attempts to pressure the media. As
of the end of September, 13,000 Russian troops remained in
Latvia. Latvia insisted that all Russian troops leave the
country as soon as possible; the Russians proposed that most
troops leave in 1994, with a remaining presence at a missile
early-warning radar at Skrunda. Although negotiations
continued, no agreement had been reached by year's end.
Latvia made progress in stabilizing its economy and pursuing
market-oriented reforms. Its currency was strong enough to
appreciate steadily in a free foreign currency market. In 1993
inflation was 35 percent, and a foreign trade surplus was
expected. Latvia's economy had contracted substantially since
the country regained independence in 1991 but appeared to
stabilized in the second half of 1993. A booming private
sector accounted for about a quarter of economic activity, but
unemployment rose to an estimated 8 percent. As of September
1, private farms and gardens covered 54 percent of Latvia's
farmland, while privatized collective farms accounted for much
of the rest.
The previous parliament, elected under Soviet law, deferred
action on implementing legislation regarding naturalization and
citizenship. It did not pass a naturalization law, arguing it
had to await a legislature elected by Latvian citizens under
Latvian law. Due to the policy of Russification during the
Soviet occupation, ethnic Latvians make up only 52 percent of
the total population, and none of Latvia's seven largest cities
has an ethnic Latvian majority. The possibility that
non-Latvians who entered the country while it was under Soviet
rule and who had no proven affiliation to Latvia could control
the balance of political power made citizenship and
naturalization issues particularly sensitive for many
Latvians. The Government decided to schedule elections without
resolving these issues. The new Parliament deliberated on
several draft naturalization laws, and final passage was
expected in 1994. The draft naturalization bill of the
Latvia's Way Party passed the legislature in November in its
first reading; the bill is expected to be modified before its
second reading. In the context of the deliberations, the
Latvian Government has pledged to submit a draft of the
naturalization legislation to the Council of Europe for review
by legal experts.
In October the Government directed authorities to close down
three small organizations that allegedly had plotted a coup
against Latvia in connection with the October insurrection in
Moscow. Prison conditions are so substandard that they
threaten the health of prisoners. Juvenile detainees suffer
from disease and are subject to violence and sexual abuse (see
Section 1.c.).
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
No such killings by Latvian authorities are known to have
occurred.
b. Disappearance
There were no known instances of political abductions or
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is prohibited under the Constitution, and there were no
indications that such abuses occurred.
There were credible reports of beatings of detainees and prison
inmates, including juveniles. Sanitation facilities in some
cases are inadequate, and shortages of blankets and medical
care persist. Poor ventilation and inadequate lighting are
common. Under Soviet law, prisoners awaiting trial were not
allowed to send mail, and in general this prohibition has been
continued.
The situation for some imprisoned children was egregious.
Credible reports indicate that children 14 years old are kept
in filthy conditions and suffer from disease and deprivation.
Although detention is supposed to be no longer than 6 months,
there were cases of children being kept in prison for up to a
year and a half, and even reports of instances of juveniles
being placed in solitary confinement. Both boys and girls are
subject to violence and sexual abuse, and in one case a
15-year-old boy was reportedly strangled to death by his
cellmates. There have been slight improvements in conditions
since early 1993. A new head of the Riga Central Prison is to
assume duties in early 1994. One of the main problems
continues to be a lack of resources.
d. Arbitrary Arrest, Detention, or Exile
There were no known instances of arbitrary arrest or exile.
Arrests are made on the basis of a prosecutorial warrant. The
law requires the prosecutor's office to make a formal decision
whether to charge or release a detainee within 72 hours after
arrest. Charges must be filed within 10 days of arrest. A
detainee may not be held for more than 6 months without new
arrest orders being issued by the Procurator's office. No
detainee may be held for more than 18 months without the case
going to court. Detainees have the right to have an attorney
present at any time. The court reviews fulfillment of these
requirements at trial.
e. Denial of a Fair Public Trial
Latvia is reorganizing its courts along democratic lines and
adding regional courts. For more serious criminal cases, two
lay judges join the professional judge in making a
determination. The law envisions that capital cases will be
heard by a 12-member jury, but no procedures exist to put this
into effect. There are no reports of judges having been
improperly influenced by the Government.
Trials may be closed if state secrets might be revealed, but
there is no known instance of this provision being used since
Latvia regained independence. All defendants have the right to
hire an attorney, and the State will lend funds to destitute
defendants for this purpose. Defendants have the right to read
all charges and confront all witnesses. Defendants may offer
witnesses and evidence to support their case.
During the August 1991 Soviet coup attempt, former Latvian
Communist party chief Alfred Rubiks proclaimed himself head of
the so-called National Salvation Committee, which is accused of
attempting to seize power in Latvia. At year's end, he was on
trial for his part in the attempted coup. Some observers
criticized the 2-year delay between his detention and the
commencement of the trial, during which time he was denied
bail. Rubiks was elected to the new Parliament, which deferred
seating him pending the outcome of his trial.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
According to the Constitutional Law, a judge's order must be
obtained to intercept mail, telephone calls, or other forms of
communication. In practice, however, the law in force on
investigations allows wiretaps and searches on a prosecutorial
warrant.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Latvia generally enjoyed freedom of speech and press throughout
1993.
The Constitutional Law contains provisions on free speech and
press, and the 1991 Latvian press law prohibits censorship of
the press or other mass media. Both Latvian and Russian-
language papers printed a wide range of criticism. The media
actively covered all aspects of the spring election campaign.
In August the Baltic News Service (BNS) and the country's
largest Russian-language newspaper, Sm-Sevodnya, revealed that
government security officers had pressured them on two
occasions to "cooperate" in government investigations and to
publish information provided by the Government. BNS and the
newspaper appealed to international media organizations to
assist them in resisting such pressure. The Government
disavowed the actions of the security officers involved but
maintained no laws had been broken.
In September Parliament began considering drafts of two laws on
the print and broadcast media. Drafts contain provisions that,
if enacted, could hamper freedom of the press. Latvian libel
law remains modeled on Soviet libel law and has the same
standards of proof for libel against public as against private
figures. In November a court awarded damages in libel suits by
former Prime Minister Godmanis against two newspapers. Several
other papers settled out of court with Godmanis. In the most
serious case, the court awarded damages of $1,666 (1,000 Lats)
to Godmanis against the country's largest newspaper for an
August editorial that accused the former Prime Minister of
having acted more in the interest of a private company (in
which he was alleged to have an interest) than in Latvia's
national security. The suit was seen by most publishers as an
attempt to intimidate the media.
By 1993, virtually all newspapers in Latvia had been
privatized, but overall circulation figures continued to drop
due to the weakening economy. Despite the overall decline in
circulation figures, a number of new publications have
appeared, and there has been no loss of variety of political
views.
In 1993 the number of independent television and radio
broadcasters continued to grow. The independents include both
Latvian and Russian-language stations. Two cable television
companies compete for subscribers in Riga; the number of cable
television subscribers continues to grow.
There are no restrictions on academic freedom.
b. Freedom of Peaceful Assembly and Association.
Latvian authorities legally do not have the power to prohibit
public gatherings but may change the time and place, for
example, on the grounds of fear of public disorder. In 1993
numerous mass meetings and political demonstrations took place
without government interference. The Constitution provides for
the right to associate in public organizations. Over 20
political parties participated in the June elections.
In October the Cabinet directed authorities to close three
small organizations that allegedly had plotted a coup against
the Latvian Government in connection with the October
insurrection in Moscow, including the Union of Communists.
That organization and the like-minded Union for the Protection
of Veterans' Rights have sued the Government for its refusal to
register them as legal organizations. Trials were scheduled to
begin in December. Communist parties are illegal in Latvia.
The only extant group of Communists is the politically
insignificant Union of Communists. Although numerous small
groupings have formed, resident Russians have not coalesced
into any large, distinct political movements.
c. Freedom of Religion
The Government does not interfere in the exercise of religious
freedom. The dominant faiths are Lutheran, Catholic, and
Eastern Orthodox. Foreign evangelists are permitted to hold
meetings and proselytize. Religious groups are not required to
register with the Government, but the documents for
incorporation as a legal entity must be filed by members who
are residents of Latvia.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no obstacles to freedom of movement within the
country, foreign travel, or repatriation of citizens. The
number of Latvians traveling abroad has increased dramatically
over the past several years. Some noncitizens may require
reentry permits. Exit visas or invitations are not required.
Latvia is not a signatory to international conventions on
refugees and does not have a law on political asylum. Most of
those seeking refugee status are persons from the Middle East
entering by land from Russia and hoping to reach Scandinavia;
Latvia usually attempts to return such applicants to Russia.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the right to change their government. Latvia in
June held its first free and fair elections since 1931 with the
participation of 23 political parties representing a broad
political spectrum. Eight parties won seats in the Saeima, and
90 percent of eligible voters participated, using a secret
ballot. As citizenship and naturalization questions were not
resolved before the elections, there was no mechanism for
residents of Latvia who were not citizens to participate in the
elections. Parliamentary representation in Latvia is not based
on ethnic identity, and ethnic Russians serve in the Cabinet
and as members of Parliament.
The coalition Latvia's Way obtained 36 of 100 seats in the
Saeima and formed a parliamentary coalition with the Farmers'
Union (12 seats). The Saeima approved Valdis Birkavs of
Latvia's Way as Prime Minister and in July elected Guntis
Ulmanis of the Farmers' Union as President (head of state).
The next elections are scheduled for October 1995.
In November Parliament approved in the first reading the draft
naturalization bill submitted by the ruling Latvia's Way
Party. The bill includes a language requirement, with an
exemption for senior citizens, and a 10-year residency
requirement. The draft includes a provision that the
Government, with parliamentary approval, would set quotas each
year for naturalization. Parliamentary committees are expected
to suggest many changes to the bill before its second reading.
Latvia is working with human rights experts from the Council of
Europe on naturalization legislation and has pledged to submit
a draft to international organization human rights experts
before final passage. The law barring naturalization until
Russian troops are withdrawn remains in effect, but its
standing is subject to continuing deliberations on the draft
naturalization law.
There have been documented instances of abuses by the Latvian
Department of Immigration and Citizenship against residents who
are not Latvian citizens. In some instances, decisions by the
Department of Immigration and Citizenship were overturned by
the Court, but the Department continued to refuse to carry out
the Court's orders. The Government in December relieved the
head of the Department of Immigration and Citizenship of his
duties, and a new head is expected to take up responsibilities
in early 1994.
At the end of 1993, Parliament was debating a controversial law
that would determine whether noncitizens would have the right
to vote in local elections.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights.
There are several organizations that transmit concerns raised
by local ethnic Russians to the courts and the press, but there
are no domestic human rights organizations as such in Latvia.
The Government welcomes visits by human rights organizations
and received delegations from, among others, the Conference on
Security and Cooperation in Europe (CSCE), the Council of
Europe, and the United Nations. In September the Government
granted permission to the CSCE to establish a resident mission
in the country to "address citizenship issues and other related
matters." The mission will also report on "developments
relevant to the full realization of CSCE principles, norms, and
commitments."
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitutional Law provides that all persons are equal
under the law regardless of race, sex, religion, language,
social status, or other grounds, and grants equal rights to
work and wages to all nationalities.
Women
Women possess the same legal rights as men. The law requires
that women may not be hired for certain jobs considered
dangerous; beyond this, employment discrimination is banned.
In reality, given the extreme competition for jobs and the
potential cost of legally mandated child birth benefits, women
frequently face hiring and pay discrimination, especially in
the emerging private sector. Women apparently have not brought
any discrimination suits before the courts.
Adult prostitution has not been outlawed; it is increasing and
is often linked with organized crime. Reliable statistics on
domestic violence against women are unavailable. Some cultural
factors have fostered domestic violence, often associated with
alcohol abuse. Observers suggest that police are sometimes
reluctant to arrest in such cases since the victims later often
drop charges. No programs exist specifically to assist victims
of domestic abuse, though normal government-provided health
care and disability benefits apply.
The women's advocacy groups that exist are still small. They
are involved in finding employment for women, lobbying for
increased social benefits, and opposing army hazing of recruits.
Children
The Government seeks to ensure that children's human rights are
respected and their basic welfare needs met. A few children's
advocacy groups are active, particularly in lobbying for
legislation to protect children's rights and for increased
welfare payments for children. Legislative gaps hampered
efforts to win convictions in child molestation cases. Law
enforcement authorities have won court suits to remove children
from abusive parents and secured convictions in child
prostitution cases. For a discussion of physical and other
abuse of children, see Section 1.c.
National/Racial/Ethnic Minorities
The Constitutional Law provides that only citizens may occupy
state positions, establish political parties, own land, and
"choose a place of abode on Latvian territory." Under the
Constitution, all residents of Latvia enjoy equal rights under
the law, but the majority of nonethnic Latvians cannot fully
participate in the civic life of the country. Noncitizens were
active in political parties during the election campaign,
although they did not have the right to vote.
The Latvian language law requires employees of the State and of
all "institutions, enterprises, and institutes" to know
sufficient Latvian to carry out their profession. The law also
requires such employees to be conversationally proficient in
Latvian to be able to deal with the public. Despite the
language law, there have been no reports of widespread
dismissals, even in the city of Daugavpils, in which 87 percent
of the population is not ethnically Latvian and Russian is the
prevailing language in industry. Nevertheless, many
non-Latvians believe that they have been disenfranchised and
that the language law discriminates against them, although
there are no reports of widespread dismissals among management,
teachers, or other sectors. In the case of the police force,
which is predominantly made up of noncitizen ethnic Russians,
non-Latvian speaking police officers were given 2 years to
learn Latvian.
Some ethnic Russians have also complained of de facto
discrimination resulting from Latvia's property laws, which
limit land ownership to citizens. Because of past Soviet
Russification policies, ethnic Russians generally live in
newer, better housing than ethnic Latvians. The level of
compensation for their apartments to those emigrating from
Latvia is not high enough to permit them to purchase an
apartment in Russia. Latvia does not officially grant any
compensation to Russian officers for apartments assigned them
by the Soviet military, though at least some seem to find ways
around such legal restrictions.
The Government has agreed to continue using Russian as the
language of instruction in public schools where the pupils are
primarily Russian speakers. Although all non-Latvian speaking
students in public schools are supposed to be taught Latvian,
there are shortages of Latvian teachers. State-funded
university education is in Latvian, except for the medical
school and some classes for outgoing seniors. Incoming
students whose native language is not Latvian must pass a
Latvian language entrance exam. It remains the Government's
stated goal that all public schools eventually convert to
Latvian as the language of instruction.
Jewish community leaders report anti-Semitism is not a major
problem in Latvia and the government has been generally
supportive of efforts to rejuvenate the Jewish community.
People with Disabilities
Latvia does not have a law banning discrimination against the
disabled. The Government supports special schools for disabled
persons. A law requiring buildings to be accessible to
wheelchairs took effect on January 1, 1993. Most buildings,
however, are not accessible to wheelchairs.
Section 6 Worker Rights
a. The Right of Association
Latvia's law on trade unions mandates that workers, except for
the uniformed military, have the right to form and join labor
unions of their own choosing. In the fall of 1993, about 50
percent of the work force belonged to unions; union membership
is falling as workers leave Soviet-era unions that include
management or are laid off as Soviet-style factories fail. The
Free Trades Union Federation of Latvia, the only significant
labor union confederation, is nonpartisan, though some leaders
ran as candidates for various smaller parties that failed to
enter Parliament. Unions are free to affiliate internationally
and are developing contacts with European labor unions and
international labor union organizations.
The law does not limit the right to strike. Latvia saw almost
no strikes in 1993. Although many state-owned factories are on
the verge of bankruptcy and seriously behind in wage payments,
workers fear dismissal if they strike, and noncitizens fear
that their participation in strikes may affect their residency
status. While the law bans such dismissals, the Government's
ability to enforce these laws is weak.
b. The Right to Organize and Bargain Collectively.
Labor unions have the right to bargain collectively and are
largely free of government interference in their negotiations
with employers. The law prohibits discrimination against union
members and organizers. Some emerging private sector
businesses, however, threaten to fire union members; these
businesses usually pay better salaries and benefits than are
available elsewhere. The Government's ability to protect the
right to organize in the private sector is weak.
No export processing zones exist in Latvia.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is banned and is not practiced.
Inspectors from the Welfare Ministry's Labor Department enforce
the ban.
d. Minimum Age for Employment of Children
The statutory minimum age for employment of children is 15,
although those aged 13 may work in certain jobs away from
school hours. Children are required to attend school for 9
years. Child labor and school attendance laws are enforced by
state authorities through inspections. The law restricts
employment of those under 18, for instance, by banning night
shift or overtime work.
e. Acceptable Conditions of Work
As of the end of 1993, the minimum monthly wage was set at
about $24 (15 lats). Latvian authorities estimate the poverty
line to be about $83 (50 lats) per month. Many factories are
virtually bankrupt and have reduced work hours.
The Labor Code provides for a mandatory 40-hour maximum
workweek with at least one 24-hour rest period, 4 weeks of
annual vacation, and a program of assistance to working mothers
with small children. Latvian laws establish minimum
occupational health and safety standards for the workplace, but
these standards are frequently ignored.
[end of document]
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