Non-citizens (Latvia)

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According to Latvian law, non-citizens ( Latvian nepilsoņi , Russian неграждане ) are “people with a permanent right of residence in Latvia who have neither Latvian nor any other citizenship ”. Non-citizens are not considered stateless persons (Latvian bezvalstnieki ) in Latvia , the UNHCR sees them as such. On January 1, 2020, a total of 216,682 non-citizens lived in Latvia, which is 10.4% of all residents. Almost all of them are former Soviet citizens, around two thirds of them Russian.

history

The Latvian non-citizen passport already differs in the color of the envelope.

The non-citizen category was introduced by the resolution "To restore the civil rights of Latvian citizens and the basic principles of naturalization" of the Supreme Soviet of Latvia on October 15, 1991. Citizenship of Latvia was granted by this resolution only to the citizens of the Republic of Latvia as of June 1940 and their descendants. Citizenship has been withheld from over 700,000 Latvians, a good 27% of the total population.

The Citizenship Act of 1994 laid the foundations for a naturalization procedure that has been in force since February 1, 1995. At that time, however, the procedure was only accessible to a minority of non-citizens. In a referendum in 1998, the Citizenship Act was changed to allow a majority of non-citizens to be naturalized. This includes a language test in Latvian and proof of basic knowledge of history and the constitution. Learning the Latvian language is a problem especially for the elderly Russian-speaking residents of Latvia, as in the Soviet era they mostly did not need to learn the language of the Latvian majority. In this respect, the proportion of non-citizens among those over 70 is by far the highest. For this reason, the requirements for the language test for people over the age of 65 have been reduced as of September 1, 2011.

"Right"

The legal status of non-citizens was regulated by a separate law in 1995. They are subject to certain reporting requirements.

Latvian non-citizens are subject to numerous restrictions with regard to their human and civil rights and in some cases also personal rights. They have no right to vote or stand for election, neither in national nor in local elections. They are excluded from certain professions, for example they are unable to work as civil servants, police officers or notaries. For working time abroad (i.e. mainly the rest of the former Soviet Union), the non-citizens received no pension in Latvia until a constitutional court decision, unless this was regulated by special social security agreements. In contrast to Latvian citizens, non-citizens are unable to travel to a number of countries without a visa; This restriction does not apply to short-term stays in the EU countries, but they do not enjoy freedom of movement there. In 2013, the “Latvian Human Rights Committee,” representing the Russian-speaking residents of Latvia in particular, listed eighty differences between the rights of non-citizens and citizens.

However, at no point were non-citizens required to serve in the Latvian Army, while it was mandatory for male citizens until 2005. For entry into Russia they were issued cheaper visas than citizens of Latvia. Since June 2008, short, visa-free trips to Russia have been possible for most non-citizens.

Changes to the Citizenship Act 1994 were made in 1998, 2013 and 2019. They brought minor improvements, but in 2019 almost 11 percent of Latvia's population remained excluded. This is also due to petty administrative practice, now mainly older applicants.

Children of non-citizens or stateless persons who were born in the country since Aug. 21, 1991 and who live here permanently, have been allowed to become full citizens of Latvia under simplified conditions since the 2013 law was changed if their parents commit themselves to learning the Latvian language and culture promote. Since 2014, only around fifteen percent of newborn children of non-citizens have been registered without having full Latvian citizenship.

On Oct. 17, 2019, a law was passed (in effect Jan. 1, 2020) according to which children of non-citizens born in Latvia will automatically receive Latvian citizenship from birth if the parents do not agree that they should receive another citizenship . This regulation is subsidiary to foreign births or if one of the parents is a foreigner. Then you have to prove that the child could not be a foreign national.

revocation

On the part of the administration, the status is often revoked if it is assumed that the person concerned was entitled to another (mostly post-Soviet) citizenship for any reason. Such disputes account for a good quarter of administrative judgments in citizenship matters. The ECHR has also had to deal with such cases on several occasions and, until 2020, has almost always ruled against the Latvian government.

Demographics

Of the 735,000 non-citizens in 1995, only 137,673 had been naturalized by the end of 2011. 267,797 retained the status, the remaining 330,000 took on another, mostly Russian citizenship. As a result of the naturalization of non-citizens (including abroad) and mortality, the share of non-citizens in the total population fell from 21% (in 2000) to 10.4% (in 2020).

Latvian residents who are non-citizens by nationality
(January 1, 2020)
nationality number  % of the national group  % of non-citizens
Russians 141,939 26.7 65.5
Belarusians 29,796 45.6 13.8
Ukrainians 21,491 42.2 9.9
Poland 7,617 17.8 3.5
Lithuanians 5,228 20.6 2.4
Jews 1,829 22.4 0.8
Others 8,782 4.0
All in all 216,682 10.4% of the population 100

International point of view

There are a number of recommendations from international organizations that deal with the non-citizen issue. These recommendations include:

  • Granting the right to vote for non-citizens in local elections
  • Reducing the differences between Latvian citizens and non-citizens
  • Renouncing the requirement of statements that are contrary to the historical image of those willing to naturalize

The legal contortions of the Latvian government to legitimize the status of the non-citizen as a non-stateless person but at the same time non-citizen in the light of international obligations have become increasingly complex over time.

Latvia has meanwhile complied with some recommendations, such as those to facilitate naturalization with regard to requirements, treatment of newborns and the reduction of the fees to be paid.

See also

literature

Individual evidence

  1. ↑ David Rupp: The Russian Federation and the Russian-speaking minority in Latvia; Stuttgart 2007 (ibidem-Verlag), p. 38.
  2. ↑ a b Latvijas iedzīvotāju sadalījums pēc valstiskās piederības ( population distribution based on citizenship , Latvian), as of January 1, 2020, accessed on April 2, 2020 (PDF).
  3. ↑ Citizenship Law (English)
  4. ^ Eduard Franz: Latvia's contribution to the EU: 500,000 aliens? On the situation of the Russian-speaking population ; Bonn 2003 (FES Library)
  5. ↑ Laws and regulations regulating the tests as provided by the Citizenship Law , accessed on May 14, 2014.
  6. ↑ Detailed on the OCMA website (English; zggr. 2020-05-22).
  7. ↑ On the Status of those Former USSR Citizens who do not have the Citizenship of Latvia or that of any Other State (English)
  8. ↑ V. Buzayev Legal and social situation of the Russian-speaking minority in Latvia Latvian Human Rights Committee & Averti-R, 2013 (PDF; English), pp. 152–156.
  9. ↑ Non-citizens of Latvia are allowed to travel to Russia without a visa. (Russian)
  10. ↑ To whom is the way open? Not all non-citizens of Latvia and Estonia have the right to travel to Russia without a visa. Rossijskaja gaseta (Russian)
  11. ↑ Latvijas iedzīvotāju sadalījums pēc nacionālā sastāva un valstiskās piederības (distribution of residents based on nationality and citizenship , Latvian), as of January 1, 2020, accessed on April 2, 2020 (PDF).
  12. ^ Council of Europe for the Suffrage of Non-Citizens in Latvia RIA Novosti
  13. ↑ Parliamentary Assembly of the Council of Europe : Resolution No. 1527 (2006) - paragraph 17.11.2. (English).
  14. ↑ Parliamentary Assembly of the Council of Europe: Resolution No. 1527 (2006) - paragraph 17.9. (English).
  15. ↑ See the constitutional court ruling on the amendments to the law on former Soviet citizens Az. 2004-15-0106, State Gazette No. 40, March 9, 2005.
  16. ↑ Report by CoE Commissioner for Human Rights on his Visit to Latvia (2004) - Section 132.4. (English)
  17. ↑ Council of Europe : State Report as of September 3, 2012 : Second report submitted by Latvia pursuant to article 25, paragraph 2 of the Framework Convention for the Protection of National Minorities , accessed on May 14, 2014 (English).

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