Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/latvia.txt

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TITLE:  LATVIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                             LATVIA


Latvia, having regained its independence in 1991 after 50 years
of forced annexation by the Soviet Union, is a parliamentary
democracy.  The 1993 coalition government comprising the
Latvia's Way and Farmers' Union parties broke up and was
replaced by another government dominated by Latvia's Way.  The
Prime Minister, as chief executive, and the Cabinet are
responsible for government operations.  A 1991 Constitutional
Law, which supplements the 1922 Constitution, provides for
basic rights and freedoms.

The security apparatus consists of:  the national police and
other services subordinate to the Interior Ministry; municipal
police operating under local government control; the National
(Home) Guard, a mainly volunteer reserve which assists in
police activities; and the Latvian Republic Security Service
(LRSS).  All these organizations were responsible for abuses,
including use of lethal or excessive force.  In late 1994, the
National Guard and LRSS, which had operated independently, were
both placed under Defense Ministry jurisdiction.  All
active-duty Russian troops left Latvia by August 31, 1994,
although as many as several thousand officers demobilized in
place remained illegally.

Traditionally dominated by agriculture and forestry-based
industry, with military-industrial production introduced by the
Soviets, Latvia's 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 is slower, and the first stage of mass
privatization of firms is not scheduled to begin until 1995.
With a stable, freely traded currency, unemployment around 8
percent, and annual inflation about 25 percent in 1994 and
trending downward, the economy has begun to grow again.

A key development in 1994 was the enactment of a law on
naturalization and citizenship, and promulgation of attendant
implementing regulations.  If carried out, the law will allow
most of Latvia's approximately 700,000 noncitizen residents to
seek naturalization over the next several years.  The main
requirements are knowledge of the Latvian language, history,
and Constitution, as well as a pledge of loyalty to Latvia.
While Russia and some noncitizens criticized the law, most
independent experts, including the Conference on Security and
Cooperation in Europe (CSCE) resident mission, deemed it a
compromise consistent with international norms.  By year's end,
the Government had not yet introduced its national program for
protecting individual rights, and Parliament had not yet
adopted on third reading a law specifying the rights of
noncitizens.

Police and security forces, which are ethnically mixed,
continue to use violence and excessive force, occasionally
resulting in death, and the Government has not yet taken
adequate disciplinary action against those responsible.  Prison
conditions remained substandard, and the authorities reportedly
injured many inmates when they suppressed prison hunger
strikes.  Although the Citizenship and Immigration Department
(CID) continued to act arbitrarily and to ignore court orders
in some cases concerning the residence status of noncitizens,
independent observers noted limited improvements in the latter
half of 1994.

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 killings.

Latvian media reported extensively on instances in which
security officials inappropriately used lethal force, resulting
in the shooting deaths of at least two innocent civilians.  In
a separate case, LRSS officials allegedly beat a detainee so
badly that he died of his injuries.  Investigations continue in
these cases, and subsequently the Government greatly reduced
the size of the LRSS, limited its functions, and placed it
under the jurisdiction of the Defense Ministry.

     b.  Disappearance

There were no known instances of political abductions or
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 (see Section 1.a.).  There were no
known instances in which the Government prosecuted 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 availability of resources.  The prohibition against
allowing detainees awaiting trial to send mail, which existed
under Soviet law, continues.

In mid-1994 the authorities, using Interior Ministry prison
guards with reinforcements from special Interior Ministry
police brigades, reportedly suppressed large-scale hunger
strikes against prison conditions and injured many inmates when
they cracked down harshly.  Although the State Minister for
Human Rights appointed an investigative commission, the
Government by year's end had taken no disciplinary action or
legal measures against those officials alleged to have used
excessive force.

The situation for some imprisoned children was extremely poor,
although some improvements were reported in 1994.  Credible
reports indicate that children as young as 14 years old 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 Soviet domination is the regular
practice of hazing military recruits.  The authorities did not
take any significant disciplinary or legal action to punish
military authorities who accept or tolerate cruel and degrading
treatment of young soldiers.

     d.  Arbitrary Arrest, Detention, or Exile

There were no known instances of arbitrary arrest or exile.  As
of October 1, 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.

     e.  Denial of Fair Public Trial

Although the criminal justice system is organized according to
the former Soviet model, Latvia is reforming its judicial
system and adding regional courts.  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.

Trials may be closed if state secrets might be revealed.  In
one case of a parliamentarian accused of collaborating with the
Soviet secret police (KGB), the trial was closed to protect the
identity of ex-KGB officers who appeared as witnesses.  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.

In May the state prosecutor informed the Saeima (parliament) of
allegations that five parliamentarians (of whom two were
government ministers) were suspected of having willingly
collaborated with the KGB.  All Saeima candidates had been
required to sign documents denying such collaboration.
Although all five originally denied KGB links, the Saeima
majority voted to suspend their parliamentary mandates pending
the outcome of trials to determine their guilt or innocence.
The Government characterized this step as an unconstitutional
infringement of the parliamentarians' right to a presumption of
innocence as well as a violation of Saeima procedures.
Nevertheless, at year's end, three of the accused were still
barred from exercising their parliamentary responsibilities
pending conclusion of lengthy trials and appeals.  A former
minister without portfolio was exonerated and returned to
Parliament, while the former Foreign Minister admitted limited
cooperation with the KGB and resigned his seat.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

By law, law enforcement authorities require a judicial warrant
to intercept mail, telephone calls, or other forms of
communication.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Latvia generally enjoyed freedom of speech and press throughout
1994, which is provided for by the Constitutional Law.  The
1991 Latvian press law prohibits censorship of the press or
other mass media.  In 1994 the number of independent television
and radio outlets, broadcasting in both Russian and Latvian,
continued to grow.  Two cable television companies compete for
subscribers in Riga, who continue to increase in number.

Virtually all newspapers and magazines in Latvia are privately
owned, and new publications continued to appear.  Newspapers in
both Latvian and Russian published a wide range of criticism
and political viewpoints.

In September the Riga city council adopted a law which would
have banned the distribution of certain foreign publications
"directed against Latvian national independence."  Before the
law was scheduled to take effect, however, the Government's
Minister of State Reform exercised her legal authority to
overrule the city council.  In overturning this local
legislation, which was intended to outlaw the distribution of
hard-line Russian nationalist publications, the Government
argued that the press ban would have been a violation of
international human rights instruments as well as Latvian
guarantees of freedom of the press.  Riga city council
officials did not appeal the Government's decision but
suggested they would use indirect administrative measures, such
as the licensing of newspaper dealers, to restrict unwanted
publications.

There are no restrictions on academic freedom.

     b.  Freedom of Peaceful Assembly and Association.

The authorities legally do not have the power to prohibit
public gatherings.  Organizers of demonstrations must provide
advance notice to local authorities, who may change the time
and place for such reasons as fear of public disorder.  In 1994
numerous mass meetings and political demonstrations took place
without government interference.

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.  More than 40 political parties
are officially registered.

In October 1993, the Cabinet directed authorities to close
three small organizations that allegedly had plotted a coup
against the Latvian Government in connection with the
insurrection in Moscow, including the Union of Communists.
That organization and the like-minded Union for the Protection
of Veterans' Rights sued the Government for its refusal to
register them as legal organizations.  In September a court
ruled that the Justice Ministry had acted properly in refusing
to register the Union of Communists.

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.  While the
refusal to register the League has serious legal consequences,
such as the ability to incorporate and hold property, the
authorities did not prevent the League from holding meetings
and speaking out on behalf of noncitizens.

     c.  Freedom of Religion

The Government does not interfere in the exercise of religious
freedom.  Foreign evangelists are permitted to hold meetings
and proselytize.  The Government does not require the
registration of religious groups.  Only religious groups which
have members who are Latvian citizens, however, may incorporate.

     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.

Some noncitizens may require reentry permits.  In late 1994,
the Government was developing a new travel document for
noncitizen residents.  Before issuing this document, it ran
short of the former Soviet passports that it previously issued
to noncitizens.  Pending the Government's issuance of the new
document (or purchase of additional former Soviet passports),
foreign travel for some noncitizens was temporarily restricted.

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
held free and fair elections for Parliament in 1993 and for
local councils in May 1994, with the participation of numerous
parties and factions representing a broad political spectrum.
Eight parties won seats in the Saeima, and 90 percent of
eligible voters participated, using a secret ballot.

There was no mechanism for the many residents of Latvia who
were not citizens to participate in the elections.
Furthermore, there was a Latvian-language requirement for
candidates in local elections.  A similar requirement may also
apply to future Saeima candidates, but in 1994 the Saeima
rejected efforts to apply a language requirement to its own
members retroactively.  There are no ethnic restrictions on
parliamentary representation, and ethnic Russians serve in the
Saeima.

In July the Saeima approved the final version of the
naturalization law based on a much-amended bill originally
submitted by the ruling Latvia's Way party.  Since the
restoration of independence in 1991, Latvian citizenship had
previously been 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 Latvia's eight largest cities.  Many
Latvian citizens are particularly sensitive about citizenship
and naturalization issues owing to the large minority that is
not ethnically Latvian.

In late June, the Saeima adopted a law on naturalization that
would have set annual quotas of less than 20,000 applicants in
each year after 2001.  Following serious criticism by
international organizations and foreign governments, President
Ulmanis sent the law back to Parliament with a recommendation
to eliminate the quota provision from the law.  The Saeima
accepted the President's recommendation, and the enacted law
met with approval by most international human rights experts
from the Council of Europe (COE) and other international
organizations.

As enacted, the naturalization law provides that various
categories of noncitizens will be eligible to apply for
naturalization over a period extending from 1995 until early in
the next century.  Highest priority will be given to spouses of
Latvian citizens, ethnic Latvians, 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 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 to take a loyalty oath.  Furthermore, the law also provides
for legal guarantees concerning naturalization procedures and
decisions through operation of (a) a parliamentary supervising
committee; (b) an obligation to render decisions within 1 year
from the date of application; and (c) judicial review of
decisions not to grant citizenship.  International experts,
Latvian government officials, and domestic human rights
monitors agreed that Latvia will must place high priority on
implementing the naturalization law in a fair, impartial manner
and provide greater opportunities for noncitizens to learn the
Latvian language.

The Citizenship and Immigration Department (CID), which has
administrative responsibility for registering noncitizens, has
consistently failed to implement properly and fairly laws
affecting noncitizens.  Most cases involve CID denials of
noncitizen residents' applications for "permanent resident"
status.  Although negative CID decisions are subject to
judicial review, when courts do overturn negative CID
decisions, the CID frequently refuses to comply.  In October
Minister of State for Human Rights Janis Tupesis acknowledged
unprofessionalism on the part of CID officials but denied any
large-scale violations of human rights.  Toward the end of the
year, there was some evidence of modest improvement in the
CID's implementation of court orders.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights.

A few nongovernmental organizations devoted to research and
advocacy of human rights issues, including prison conditions,
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, particularly after it created in March a new post of
State Minister for Human Rights.  It welcomed visits by human
rights organizations and received delegations from, among
others, the CSCE, the COE, and the United Nations.  A resident
CSCE mission was established in Latvia with a mandate to
"address citizenship issues and other related matters."
Latvian officials worked particularly closely with the CSCE and
COE during the drafting and ultimate adoption of the
citizenship law.

In late July, the Government hosted a special high-level
mission organized by the United Nations Development Program,
the COE, and the CSCE to discuss the formulation of a national
program for the protection and promotion of human rights.
Headed by the Federal Human Rights Commissioner for Australia,
the mission met with official and nongovernmental sources and
provided the Government with observations on the human rights
situation as well as recommendations for developing domestic
institutions to protect human rights.

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 persons of all nationalities.  Of a total
population of 2.7 million, there are 1.4 million Latvians,
900,000 Russians, 120,000 Belarusians, and 100,000 Ukrainians.

     Women

Women possess the same legal rights as men.  The Latvian Labor
Code prohibits women from performing "hard jobs or jobs having
unhealthy conditions." based on a list agreed between the
Cabinet and labor unions.  Beyond this, it bans employment
discrimination.  In reality, women frequently face hiring and
pay discrimination, especially in the emerging private sector.
Women apparently have not brought any discrimination suits
before the courts.

Sources indicate that the problem of 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 arrest in such cases.  No
programs exist specifically to assist victims of domestic
abuse.  Adult prostitution has not been outlawed; it is
increasing and is often linked with organized crime.

Women's advocacy groups are still small.  They are involved in
finding employment for women, lobbying for increased social
benefits, and banning the hazing of military 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.

Children's advocates point to the lack of special institutions
for rehabilitation and vocational training of juvenile
offenders.  Although recent legislation provides for the
establishment of such special schools, the Government failed to
budget funds for this purpose.  Consequently, juveniles are
frequently housed in regular prison facilities after committing
relatively minor offenses.

     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.  However, the majority of persons who are not ethnic
Latvians have difficulty participating fully in the civic life
of the country.  Reliable sources suggest that practical
problems are most acute for those noncitizens who have only
temporary residence permits in Latvia.  These are typically
people residing in factory dormitories or housing units
previously connected to the Soviet or Russian military.

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 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, and Russian is the
prevailing language in industry.  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 among management, teachers,
or other sectors.

Some ethnic Russians have also complained of de facto
discrimination resulting from Latvia's property laws, which
limit land ownership to citizens.  Moreover, noncitizens were
given fewer privatization certificates (which will eventually
be used to purchase land, apartments, and stocks) than
citizens.  New legislation, however, allows land ownership by
companies in which noncitizens own shares.  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 former Russian officers for apartments assigned
them by the Soviet military, although at least some seem to
circumvent 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 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
exam.  It remains the Government's stated goal that all public
schools eventually convert to Latvian as the language of
instruction.

     People with Disabilities

Latvia does not have a law banning discrimination against the
disabled.  The Government supports special schools for disabled
persons.  The Government does not enforce a 1993 law requiring
buildings to be accessible to wheelchairs, and most buildings
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 1993 about 50 percent of the
work force belonged to unions; union membership continued to
fall as workers left Soviet-era unions that include management
or were laid off as Soviet-style factories failed.  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 in the 1993 elections.  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, and in December
more than 10,000 Latvian teachers staged a 9-day strike, which
was the first major labor action since the restoration of
Latvian independence.  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 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 aged between 13 and 15 may work in certain jobs
after school hours.  Children are required to attend school for
9 years.  State authorities enforce child labor and school
attendance laws.  The law restricts employment of those under
18, for instance, by banning night shift or overtime work.

     e.  Acceptable Conditions of Work

In October the minimum monthly wage was set at about $50 (28
lats).  The authorities estimate the poverty line to be about
$120 (68 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.