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Title: Latvia Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
LATVIA
Latvia is a parliamentary democracy. With its statehood widely
recognized as continuous for more than 70 years, it regained its
independence in 1991 after more than 50 years of Soviet occupation.
Elections for the 100-seat Parliament (Saeima) held in the fall were
free and fair, but the election law barred some citizens from competing
as candidates due to prior activity in pro-Soviet organizations or lack
of fluency in the state language. The Prime Minister, as chief
executive, and the Cabinet are responsible for government operations.
The President, as Head of State, is elected by the Parliament. The 1991
Constitutional Law, which supplements the 1922 Constitution, provides
for basic rights and freedoms. The judiciary is independent but not
well-trained, efficient, or free from corruption.
The security apparatus consists of: the national police and other
services subordinate to the Ministry of Interior; municipal police
operating under local government control; the counterintelligence
service and a protective service operating under the Ministry of
Defense; and the National Guard, an element of the national armed
forces, which also assists in police activities. Civilian authorities
generally maintain effective control of the security forces and a
recently established Constitution Protection Bureau (SAB) has oversight
over intelligence activities. However, Interior Ministry forces and
municipal police sometimes acted independently of central government
authority. Some members of the security forces, including police and
other Ministry of Interior personnel, committed human rights abuses.
Traditionally dominated by agriculture and forestry products, with
military-industrial production introduced by the Soviets, the varied
economy is increasingly oriented toward the service sector. As the
transition from a centrally planned to a market-oriented economic system
continues, private enterprise in trade and services is thriving, and
about 50 percent of farmland is now in private hands. In the industrial
sector, progress toward privatization and revitalization is much slower.
The currency remained stable and freely traded, unemployment was around
8 percent, and annual inflation about 25 percent, down from 36 percent
in 1994. Per capita gross domestic product (GDP) was approximately
$1,000 per year. GDP had been forecast to rise by 2 percent in 1995.
However, the economy suffered from the collapse of the largest and
several smaller commercial banks as well as from a severe government
budget crisis.
The Government generally respected the human rights of its citizens and
the large resident noncitizen community, although problems remained in
certain areas. Members of the security forces, including the police and
Interior Ministry mobile battalions, continued to use excessive force;
police and prison officers beat detainees and inmates. The Government
did not take adequate disciplinary action against those responsible.
Prison conditions remained substandard. The inefficient judiciary did
not always ensure the fair administration of justice. The Citizenship
and Immigration Department (CID) continued to act arbitrarily and, in
some cases, to ignore court orders concerning the residence status of
noncitizens.
Among key positive developments were the enactment of the first law
clearly defining the status of most noncitizens, a limited
liberalization of the 1994 Citizenship Law, the beginning of
naturalization under the 1994 law, adoption of a national program for
protecting individual rights, and the establishment of an independent
human rights office. Moreover, by adopting the law on the status of
former Soviet Citizens ("On the Status of Those Citizens of the Former
USSR Who do not have the Citizenship of Latvia or Any Other State"),
Parliament authorized most of the approximately 700,000 noncitizen
residents to obtain travel documents verifying their rights to reside
in, leave, and return to Latvia; however, the Law had not been fully
implemented by year's end.
Women are discriminated against in the workplace, and spousal abuse is a
widespread problem, as is child prostitution.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits torture. However, there were credible
reports that police and prison personnel beat detainees and prison
inmates. There were no reported instances of the Government prosecuting
those responsible.
Prison conditions remain poor. Inadequate sanitation facilities,
persistent shortages of blankets and medical care, and insufficient
lighting and ventilation are common problems, as is the shortage of
resources. The law continues to prohibit detainees awaiting trial from
sending mail, but this prohibition is not universally enforced.
Interior Ministry mobile battalions reportedly used excessive force to
"restore order" to prisons in Valmiera, near Daugavpils, and elsewhere.
A detention center established at Olaine, outside Riga, provided
substandard conditions for over 100 asylum seekers (including more than
40 children) being held indefinitely without trial. While new
construction at prisons in Jelgava and Riga reportedly provided a small
percentage of prisoners with improved conditions, state auditors found
evidence that Interior Ministry personnel had misappropriated scarce
resources allocated to the prison system in prior years.
In December the Riga district court convicted former Latvian Soviet
secret police head Alfons Noviks of "genocide" and sentenced him to life
imprisonment for his involvement in mass killings, deportations, and
torture between 1940 and 1953.
The situation for some imprisoned children, who are not always separated
from adults, remained poor. Children as young as 14 years of age were
kept in unsanitary conditions and suffer from disease and deprivation.
Both boys and girls are subject to violence and possible sexual abuse.
One of the legacies of the Soviet occupation is the regular practice of
hazing military recruits. President Guntis Ulmanis convened meetings to
highlight this problem and urged military authorities to curb abusive
practices. The Parliament also amended the Criminal Code to specify
criminal sanctions for harassment and abuse of soldiers, but reliable
reports suggest that the practices continued. Despite the high-level
attention, the authorities did not take adequate disciplinary or legal
action to punish military authorities who accept or tolerate cruel and
degrading treatment of young soldiers. However, at year's end
authorities were pursuing cases against several soldiers arrested for
abusing recruits during 1995.
d. Arbitrary Arrest, Detention, or Exile
There were no known instances of arbitrary arrest or exile. As of 1994,
the responsibility for issuing arrest warrants was transferred from
prosecutors to the courts. 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 prosecutor'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. These rights are
subject to judicial review but only at the time of trial. There were
credible reports that these rights are not always respected in practice,
especially outside Riga.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and the
Government generally respects this provision in practice. However, the
courts must rely on the Ministry of Justice for administrative support
and the Supreme Court does not have a clearly established right to rule
on the constitutionality of legislation. A minority in the Parliament
used procedural moves to block establishment of a constitutional court
to fulfill this function.
Although the criminal justice system was organized according to the
former Soviet model, Latvia is reforming its judicial system. In 1995
it completed the establishment of regional courts which will hear
appeals of lower court decisions. For more serious criminal cases, two
lay assessors join the professional judge on the bench. There are no
reports that the Government improperly influenced judges, but corruption
is reportedly widespread. Most judges have little legal education, and
the court system is too weak to enforce many of its decisions. There is
a lack of information available on which to make informed decisions,
especially outside Riga.
Trials may be closed if state secrets might be revealed or to protect
the interests of minors. 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 and may offer witnesses and evidence to support their case.
While the prosecutor appealed court decisions exonerating three Members
of Parliament of charges that they had willingly collaborated with the
KGB, the Parliament voted to restore their mandates (a fourth member had
been acquitted owing to lack of evidence, and the prosecutor is not
pursuing the case; a fifth member resigned from Parliament and was not
tried). This decision reversed the Parliament's 1994 decision to
suspend parliamentary participation by the five members pending the
outcome of their trials. The Government had characterized the
Parliament's original decision as an unconstitutional infringement of
the right to a presumption of innocence.
Following a 25-month trial, former Latvian Communist Party First
Secretary Alfreds Rubiks was sentenced to 8 years in prison for
attempting to overthrow the independent Latvian State in 1991. While
Rubiks' supporters describe him as a political prisoner, claiming that
he acted in accordance with the prevailing Soviet legislation, there is
no evidence that his conviction violated human rights standards.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law requires that law enforcement authorities must have a judicial
warrant in order to intercept citizens' mail, telephone calls, or other
forms of communication. This protection does not apply to the large
noncitizen population.
Following press reports that the Ministry of Defense (MOD)
counterintelligence service had monitored the office telephones of
employees suspected of possible security breaches, a senior MOD official
indicated that no warrant was required to conduct such monitoring for
internal investigative purposes.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitutional Law provides for freedom of speech and of the press,
and the Government generally respects this right in practice. The 1991
Press Law prohibits censorship of the press or other mass media.
Most newspapers and magazines in Latvia are privately owned. New
publications continued to appear, but economic difficulties forced
others to close. Newspapers in both Latvian and Russian published a
wide range of criticism and political viewpoints.
A large number of independent television and radio outlets broadcast in
both Russian and Latvian, and the number of people receiving satellite
television broadcasts continued to increase.
In late September, a reporter for a major media organization claimed to
have been beaten after being abducted at a location where she had
arranged to meet a government official. However, the Government has
denied any involvement in this incident, and there is no independent
evidence linking government officials to the crime.
A new law on radio and television adopted in August contains a number of
restrictive provisions regulating the content and language of
broadcasts. No more than 30 percent of private broadcasts may be in
languages other than Latvian; in prime time, 40 percent of television
broadcasts must be of Latvian and 80 percent of European origin.
Moreover, foreign investment may not exceed 20 percent of the capital in
electronic media organizations.
There are no restrictions on academic freedom.
b. Freedom of Peaceful Assembly and Association.
The authorities legally may not prohibit public gatherings. Organizers
of demonstrations must provide advance notice to local authorities, who
may change the time and place of public gatherings for such reasons as
fear of public disorder. Numerous mass meetings and political
demonstrations took place without Government interference. However, the
Riga city council regularly denied permission or sought to change the
time and place of demonstrations by groups representing a portion of the
noncitizen community. On occasion this led to clashes between
demonstrators and the municipal police. Noncitizen representatives and
Russian-language newspapers accused the police of using excessive force
to break up "unauthorized" meetings. On one occasion the municipal
police detained several demonstrators briefly for allegedly blocking
access to the city council building, but the cases against them did not
hold up in court.
The Constitution provides for the right to associate in public
organizations. However, the law on registering public organizations was
amended in late 1993 to bar registration of Communist, Nazi, or other
organizations whose activities would contravene the Constitution. The
Justice Ministry also refused to register the League of Stateless
Persons in Latvia on the grounds that noncitizens are prohibited from
forming "political" organizations. More than 35 political parties are
officially registered.
c. Freedom of Religion
The Constitutional Law provides for freedom of religion, and the
Government generally respects this right in practice. Although the
Government does not require the registration of religious groups, a new
law on religious organizations specifies that religious organizations
can enjoy certain rights and privileges only if they register. Only
religious groups which have at least 25 members who are citizens may be
registered.
Foreign evangelists and missionaries are permitted to hold meetings and
proselytize, but the law stipulates that only religious organizations in
Latvia may invite them to carry out such activities.
Representatives of religious organizations which authorities consider to
be "nontraditional," including the Mormons, continue to experience
difficulties in obtaining visas and residence permits to serve as
missionaries in Latvia. Religious education may be provided to public
school students on a voluntary basis only by representatives of legally
registered religious organizations.
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.
In April the Parliament adopted a Law on the Status of Former Soviet
Citizens which stipulates that registered permanent resident noncitizens
also enjoy the rights to establish and change residences within Latvia,
travel abroad, and return to Latvia. The law also provides for issuance
of new noncitizen travel documents verifying these rights. By year's
end, the Government had reportedly contracted with a firm to produce
these documents, but they were not yet available.
In the interim, and in apparent contradiction with the Law on Former
Soviet Citizens, the CID continued to require departing noncitizens to
obtain separate reentry permits. Moreover, because of a continuing
shortage of the former Soviet passports previously issued to
noncitizens, foreign travel for some noncitizens was temporarily
restricted in mid-1995. This situation was largely alleviated in the
latter half of the year when the CID began to issue temporary noncitizen
identification documents, valid for 2 years and accepted as travel
documents by key foreign countries.
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 and Central Asia entering by
land from Russia or Belarus and hoping to reach Scandinavia; Latvia
usually attempts to return such asylum seekers, but neighboring
countries are generally willing to accept only their own citizens or
legal residents.
One group of over 100 asylum seekers was repeatedly shuttled in a train
among border posts in Latvia, Lithuania, and Russia. After being
detained in the train under deplorable conditions, the group was finally
transferred to a substandard detention center outside Riga. In December
most of these asylum seekers were transferred to a newly constructed
building at the same location, furnished with the help of the Swedish
Government, where they remained in detention. Latvian authorities
remained unwilling to grant asylum to these persons, who were attempting
to reach Sweden, and no other country was prepared to accept them.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens have the right to change their government. Latvia held free
and fair elections for Parliament (the Saeima) in September and October,
with the participation of numerous parties and factions representing a
broad political spectrum.
Candidates from 11 parties won seats in the Saeima, and 72 percent of
eligible voters participated.
Although international observers deemed the parliamentary elections to
be free and fair, the elections law passed in May barred the candidacy
of any citizen who remained "active" in the Communist Party or various
other pro-Soviet organizations after January 13, 1991. Furthermore,
there was a Latvian-language requirement for candidates. The law
granted wide authority to the Central Elections Commission to interpret
and apply these relatively vague provisions, and it struck the names of
over a dozen of the nearly 1,000 persons on parties' candidate lists.
Local elections commissions took inadequate steps in some locations to
insure that voters could make their choices in private booths, but there
were no allegations that voters were subject to improper pressure or
influence.
There are no ethnic restrictions on political participation, and some
nonethnic Latvians serve in various elected bodies. There was no
mechanism for the many residents of Latvia who were not citizens to
participate in the elections.
Following the restoration of independence in 1991, citizenship was
immediately accorded only to those persons who were citizens of the
independent Latvian republic in 1940 and their direct descendants.
Owing to the russification policy pursued during the Soviet era, ethnic
Latvians make up only about 54 percent of the total population and do
not constitute a majority in seven of the eight largest cities. More
than 70 percent of the registered residents of Latvia are citizens,
almost 400,000 of whom are not ethnic Latvian.
Under provisions of a July 1994 law, various categories of noncitizens
become eligible to apply for naturalization over a period extending from
1995 until early in the next century. Highest priority was given to
spouses of Latvian citizens, citizens of other Baltic states, and
persons born in Latvia. The law includes a Latvian language and
residence requirement as well as restrictions on naturalization of
several groups including former Soviet KGB and military officers. The
law requires applicants for citizenship to renounce previous non-Latvian
citizenship, to have knowledge of the Constitution and Latvian history,
and to take a loyalty oath.
International observers including the resident Organization of Security
and Cooperation in Europe (OSCE) mission credit the Government with
establishing a competent and professional naturalization board with
offices throughout the country to implement the 1994 law. Early
experience suggested that the board sought to apply the law fairly,
although international observers expressed some concern that tests of
Latvian language and history might be overly difficult for some
applicants. Just under 1,000 persons were naturalized in 1995. The
reason for this small number may include potential applicants' lack of
confidence about their language ability, the time needed to establish
naturalization and testing procedures, the restricted category of
applicants eligible to seek naturalization in the first year, and 1995
amendments to the citizenship law which granted automatic citizenship
(rather than requiring naturalization) for certain persons. These
liberalizing amendments, which applied to all ethnic Latvians returning
to the country (primarily those returning from Russia whose families
were not Latvian citizens in 1940) as well as to persons successfully
completing secondary education in Latvian language schools, allowed
several thousand additional persons to register as citizens.
International experts, government officials, and domestic human rights
monitors agreed that Latvia must continue to place high priority and
devote sufficient resources to implementing the naturalization law in a
fair, impartial manner. The Government must also provide greater
opportunities for noncitizens to learn Latvian.
The CID, which has administrative responsibility for registering
noncitizens, has frequently failed to implement properly and fairly laws
affecting noncitizens, most often by denying noncitizen residents'
applications for permanent resident status. Negative CID decisions are
subject to judicial review. However, the CID sometimes refused to
comply when courts overturned negative CID decisions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
A growing number of nongovernmental organizations devoted to research
and advocacy on human rights issues, including prison conditions and
women's and children's rights, operate without government restriction.
Several organizations deal with issues of concern to local ethnic
Russians, presenting them to the courts and the press.
The Government demonstrated a willingness to engage in dialog with
nongovernmental organizations working on human rights issues. It
welcomed visits by human rights organizations and received delegations
from, among others, the OSCE, the Council of Europe (COE), and the
United Nations. A resident OSCE mission continued to operate with a
mandate to "address citizenship issues and other related matters."
Building on the recommendations of a special high-level team organized
by the United Nations Development Program, the COE, and the OSCE, the
Government adopted a national program for the protection and promotion
of human rights, and the Parliament authorized creation of an
independent human rights office to replace the interim office of a state
minister for human rights. The human rights office has a mandate to
provide information on human rights, inquire into individual complaints,
and initiate its own investigations on alleged violations. Its
permanent director will be appointed by the Government, confirmed by the
Saeima for a 4-year period, and subject to dismissal only under limited
circumstances. The office began working under an acting director; as of
December she had been able to fill only some of the office's planned 26
positions owing to budget cuts stemming from the Government's financial
difficulties.
In 1995 the U.N. Human Rights Committee charged with monitoring
compliance with the International Convenant on Civil and Political
Rights expressed satisfaction at positive changes since 1990 and
welcomed its "open and constructive dialogue" with Latvia but registered
concern and made suggestions on numerous issues, including prison
conditions and the legal system, as well as the status of noncitizens
and asylum seekers.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
According to the 1922 Constitution, all citizens are equal under the
law. The 1991 Constitutional Law, which modifies the Constitution,
states that "all persons in Latvia" are equal under the law regardless
of race, sex, religion, language, social status, political preference,
or other grounds and grants equal rights to work and wages to "persons
of all nationalities." However, the Constitutional Law limits to
citizens the right to occupy state positions, establish political
parties, and own land. Of Latvia's more than 2.5 million registered
residents, there are more than 765,000 ethnic Russians, 100,000 ethnic
Belarusians, almost 70,000 ethnic Ukrainians, and more than 60,000
ethnic Poles. Nearly 400,000 members of ethnic minorities are citizens.
Women
Sources indicate that domestic violence against women is fairly
widespread and is often connected with alcohol abuse. There is
anecdotal evidence suggesting that the entire legal system, including
the courts, tends to downplay the seriousness of domestic violence.
Observers suggest that police are sometimes reluctant to make arrests in
such cases. No government program exists specifically to assist victims
of domestic abuse. Both adult and child prostitution are widespread and
often linked with organized crime.
Women possess the same legal rights as men. The Labor Code prohibits
women from performing "hard jobs or jobs having unhealthy conditions"
which are specified in a list agreed upon between the Cabinet and labor
unions. Beyond this, the Code bans employment discrimination. In
reality, women frequently face hiring and pay discrimination, especially
in the emerging private sector. It is not unusual to see employment
advertising which specifically seeks men. Sexual harassment of women in
the workplace is reportedly common. Women apparently have not brought
any discrimination suits before the courts.
Women's advocacy groups are growing in size and number. They are
involved in finding employment for women, lobbying for increased social
benefits, assisting victims of domestic abuse, and opposing the hazing
of military recruits.
Children
Although it is government policy to ensure children's rights to basic
health, welfare, and education, there is no general legislation
outlining these rights, and the Government lacks resources necessary to
provide them fully. Anecdotal evidence suggests that child abuse and
abandonment are relatively widespread. 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.
Although 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.
Although legislation provides for the establishment of special
institutions for rehabilitation and vocational training of juvenile
offenders, the Government failed to budget funds for this purpose.
Consequently, juveniles are frequently housed in regular prison
facilities after committing relatively minor offenses.
People with Disabilities
Latvia does not have a law banning discrimination against the disabled.
The Government supports special schools for disabled persons. It does
not enforce a 1993 law requiring buildings to be accessible to
wheelchairs, and most buildings are not. However, Riga has undertaken
an extensive wheelchair-ramp program at intersections.
Religious Minorities
In May a mysterious bombing caused serious damage to the sole remaining
synagogue in Riga. The President and other government officials
immediately expressed their outrage, and the authorities actively
investigated this incident. However, at year's end no arrests had been
made.
National/Racial/Ethnic Minorities
Because the majority of ethnic minorities are not citizens, they have
difficulty participating fully in civic life. Noncitizens who are
temporary residents have particular difficulty. Prior to 1995, this
group typically had resided in factory dormitories or housing units
previously connected to the Soviet or Russian military.
The adoption of a Law on the Status of Former Soviet Citizens who do not
hold Latvian or any other citizenship was a major positive development
in 1995, ending years of uncertainty about the legal status of more than
700,000 persons. This Law reiterates guarantees of basic human rights
and provides noncitizens who have been permanent residents continuously
since July 1, 1992, with the rights to change residence, leave and
return to Latvia, and invite close relatives to join them for the
purpose of family reunification. It also required the registration of
noncitizens regardless of their housing status, helping to resolve cases
of persons previously unregistered because they lived in former Soviet
military or dormitory housing. The law also provides for issuance of
new travel documents specifying these rights (see Section 2.d.).
Various laws prohibit employment of noncitizens in certain categories,
some of which appear to be reasonable restrictions (e.g., only citizens
can serve as Latvian diplomats) while others seem less justified (e.g.,
service as crewmembers on Latvian National Airlines). Parliament failed
to adopt compromise proposals on employment restrictions.
The 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 in order 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. Moreover, Russian
is the prevailing language in state-industrial enterprises.
Nevertheless, many non-Latvians believe that they have been
disfranchised and that the language law discriminates against them,
although there are no reports of widespread dismissals.
Some ethnic Russians have also complained of de facto discrimination
resulting from the property laws which limit land ownership to citizens.
Moreover, noncitizens were given fewer privatization certificates (which
can be used to purchase stocks and will eventually be usable to
privatize apartments and land) than citizens. However, the law does
allow land ownership by companies in which noncitizens own shares.
The Government has agreed to continue using Russian as the language of
instruction in public schools where the pupils are primarily Russian
speakers. It also supports eight other minority language schools.
Although all non-Latvian-speaking students in public schools are
supposed to learn 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
examination. The Government's stated goal is that all public schools
eventually convert to Latvian as the language of instruction.
Section 6 Worker Rights
a. The Right of Association
The 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. Union membership, which had been about 50 percent of the work
force in 1993, continued to fall as workers left Soviet-era unions that
include management or were laid off as Soviet-style factories failed.
Leaders of the two largest trade union confederations, the Confederation
of Free Trade Unions and the Latvian Trade Unions' Alliance of
Employees, were among candidates of a "Labor and Justice" coalition
which gained less than 5 percent of the vote in the 1995 parliamentary
elections. Unions are free to affiliate internationally and are
developing contacts with European labor unions and international labor
union organizations. In general, the trade union movement is
undeveloped and still in transition from the socialist to the free
market model.
The law does not limit the right to strike. Although many state-owned
factories are on the verge of bankruptcy and seriously behind in wage
payments, workers fear dismissal if they strike. While the law bans
such dismissals, the Government has not effectively enforced these laws.
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 provide better salaries and benefits
than are available elsewhere. The Government's ability to protect the
right to organize in the private sector is weak.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and it 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 age 13 to 15 may work in certain jobs after school hours.
Children are required to attend school for 9 years. The law restricts
employment of those under age 18, for instance, by banning night shift
or overtime work. State authorities are lax in their enforcement of
child labor and school attendance laws.
e. Acceptable Conditions of Work
In December the Government decided "in principle" to raise the minimum
wage to about $70 (38 lats), far below the roughly $95 (50 lats) which
trade union officials describe as the bare minimum for survival. 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 weekly, 4 weeks of annual vacation, and a program of
assistance to working mothers with small children. The laws establish
minimum occupational health and safety standards for the workplace, but
these standards are frequently ignored.
(###)
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