Language policy in Latvia

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The basis of Language policy in Latvia are articles 4 and 114 of Constitution of Latvia, which constitute official status of Latvian and rights of ethnic minorities to preserve and develop their languages. All languages, except Latvian and endangered indigenous Livonian language, are declared to be foreign, although Russian is the first language for more than one third of the population. In addition, five other mother tongues are spoken by 5,000 or more inhabitants (Belarusian, Ukrainian, Lithuanian, Polish, and Romani). The question of whether Latgalian constitutes a separate language from Latvian is also an issue with implications for language policy.

The aim of State Language Law is defined as "the increase of the influence of the Latvian language in the cultural environment of Latvia by promoting a faster integration of society".[1]

Contents

[edit] Legal framework

The official language (valsts valoda, literally state language) in Latvia is Latvian; this status has been explicitly defined since 1988.[2] In 1992 amendments to the 1989 Law on Languages strengthened the position of Latvian. All other languages, except endangered Livonian language, are defined as foreign languages in the Section 5 of the State Language Law of 1999.

Since 1998, the official status of the Latvian language has been written into the Constitution (Article 4); and since 2002, MPs are asked to promise to strengthen Latvian as the only official language in order to take their seats (Article 18). In Constitution's chapter on human rights, rights to get answer from authorities in Latvian are specified since 2002 (Article 104).

In 1995, Latvia signed, and in 2005 ratified the Council of Europe's Framework Convention for the Protection of National Minorities. When ratifying it, the Latvian Saeima (Parliament) made two declarations (worded as reservations) limiting implementation of Articles 10 and 11. Latvia does not plan to sign the European Charter for Regional or Minority Languages.[3]

Language policy is implemented by a number of institutions: the State Language Commission (under the President) prepares proposals in this field; the State Language Centre (under the Ministry of Justice) executes control and imposes fines for administrative violations, the State Language Agency provides consultations and analyses the language situation; the National Agency for Latvian Language Training provides the opportunities for learning the Latvian language (the last two institutions work under Ministry of Education and Science).

[edit] Official use of languages

Since the State Language Law came into force in 2000, submitting documents to government (including local one) and state public enterprises is allowed in Latvian only, excerpt cases specially defined in the law (emergency services, foreign residents etc.), according to Section 10. In 1992–2000, authorities had to accept documents in Russian, German and English, too, and were allowed to answer in the language of application.[4]

Before the losses of Latvian government in cases Podkolzina v. Latvia[5] (ECHR) and Ignatāne v. Latvia[6] (UN HRC), certain level of command in Latvian was asked for eligibility to Parliament and local councils. In practice, this had led to re-examinations of various candidates, at least sometimes unexpected, which prevented Ignatāne and Podkolzina (representatives of Equal Rights party in 1997 local and 1998 parliamentary elections[7]) from participation.

Names and surnames in Latvian-issued documents are formed in Latvianized form, according to Section 19. These provisions were subject in ECHR cases Kuhareca v. Latvia[8] and Mencena v. Latvia[9] (both declared inadmissible in 2004), since Latvian Constitutional Court had found them constitutional in 2001.[10] An analogous application was submitted to UN HRC in 2007 (Raihmans v. Latvia).

Toponyms are formed in Latvian language only (in the Livonian coast – in Livonian language, too), according to Section 18 of the State Laguage Law.

1995 Radio and Television Law[11] orders to use only Latvian language in the first channels of public radio and television, and limits use of other languages within 20% in their second channels (Section 62).

[edit] Private use of languages

1995 Radio and Television Law[12] prescribes that films aired in any channel should be dubbed in Latvian or to have original soundtrack and Latvian subtitles (Section 20). The same concerns movie theatres, according to Section 17 of State Language Law. Until a judgement[13] of the Constitutional Court upon request of 24 ForHRUL MPs (delivered in 2003), broadcasting in minority languages was limited for private TV and radio (originally within 30%, since 1998 within 25%).

According to Section 6 of State Language Law, levels of skills in Latvian are defined for various professions, which concern legitimate public interset. Totally, there are six levels and two lists of professions (longer for public sector and shorter for private sector), classified by needed level. For those who didn't get education in Latvian and aren't disabled, an examination is needed to define their skills in Latvian, to work in these professions. Those who fail to show needed level during inspections, can be fined. Labour market shows high demand for skills in Latvian, Russian and English languages.[14]

According to Section 11 of State Language Law, organizers of public events have to provide in Latvian information, which concerns legitimate public interest (defined in Section 2 — public safety, health care et cetera).[15] The same affects posters, billboards and signboards, according to Section 21.[16] Previously, according to the Law of languages as amended in 1992 (Section 5), organizers of any public event had to provide translation into Latvian in their conferences. An exemption had existed for organizations of ethnic minorities and religious organizations; 1997 Law on Meetings, Processions and Pickets has foreseen free choice of language in meetings, pickets and processions, too (Section 19).[17]

[edit] Education

Since the beginning of 1990s, some Polish language schools were created besides the existing schools with Latvian and Russian language of instruction. Certain schools (e.g., Riga Dubnov Jewish Secondary school, founded in 1989,[18] and Riga Ukrainian Secondary School, founded in 1991[19], which had originally used Ukrainian as language of instruction, but switched to Latvian in 1993/1994[20]) now include in their curriculum lessons in respective minority languages. The number of Russian schools, however, is decreasing,[21] partly due to natural demographic decline and partly due to emigration,[22] as the following table demonstrates, with some schools with apparent viability closed.[23]

Number of students by language of instruction (Ministry of Education and Science)[24]
School year 95-96 99-00 00-01 01-02 02-03 03-04 04-05 05-06 06-07
Latvian 203,607 239,163 242,475 242,183 237,425 230,212 214,855 205,189 194,230
Russian 132,540 120,925 116,009 108,454 101,486 95,841 84,559 77,471 70,683
Others 1513 1344 1344 1352 1397 1305 1253 1287 1198
Total 337,660 361,432 359,818 351,989 340,308 327,358 300,667 283,947 266,111
 % learning in Latvian 60.3 66.2 67.4 68.8 69.8 70.3 71.5 72.3 73.0


There is also increasing number of minority children attending Latvian-language schools.[25]

According to Education law[26], as adopted in 1998, the language of instruction in public secondary schools (Forms 10-12) had to be only Latvian since 2004. This has mostly affected Russian schools, some existing in Latvia without interruption since at least 1789.[27] After wide protests in 2003 and 2004, the law was amended allowing to teach up to 40% of curricula in minority languages (Transition Rules) and allowing orphans to continue their education not only in Latvian, but also in the language he or she began it (Section 56).

In 2005, one judgment[28] of the Constitutional Court (upon request of ForHRUL, NHP and LSP MPs) has declared unconstitutional the ban of public co-funding for private minority schools, another[29] has declared the proportion "60:40" constitutional.

According to the same 1998 Education Law, the tertiary education in public colleges and universities has to be in Latvian only since 1999 (it had to be basically in Latvian since the second year, according to 1992 Law on Languages, Section 11). In fact, there still exist programmes with education in English for foreigners (Riga Technical University[30]) or according to special laws (Riga Graduate School of Law[31]). There is a demand for tertiary education in Russian, too: it is used, for example, in Baltic International Academy.

Latvian residents who have completed a full educational course (Forms 1-12) in Latvian, may register themselves as Latvian citizens without the usual procedure of naturalization (Section 2 of the Citizenship Law[32]).

[edit] Historical background

In the medieval Livonian Confederation, Latin and German were the dominant languages of education and administration. German kept this position under subsequent periods of rule by Poland, Sweden and, initially, under the Russian Empire. German was the language of instruction in the first institution of tertiary education on the territory of Latvia (Riga Polytechnicum, founded in 1862). In Latgale, the Polish language gained some influence, beginning from 16th century.

From the mid-19th century, Latvian started to rise in influence. At the end of 19th century, tsar Alexander III instigated a policy of Russification in non-Russian areas of the Empire.[33] As a result, language of administration, that of Riga Polytechnicum and most schools was changed from German to Russian, and some German toponyms in eastern Latvia were Russianized (e.g., Dünaburg became Dvinsk). After the 1905 revolution, possibilities for schooling in Latvian increased.

The pro-Bolshevik revolutionary soviet, Iskolat, declared on 4 January 1918 that Latvian should be the primary language of administration on the territory of Latvia.[34]

Under the short-lived Latvian Socialist Soviet Republic in 1919, Latgalian enjoyed co-equal status with both Latvian and Russian as an official language of administration.[35]

The Republic of Latvia (founded in 1918) was initially liberal in its language policy: while Latvianizing toponyms (e.g., Dvinsk became Daugavpils), it also allowed to use Russian and German languages in Parliament along Latvian,[36][37] acknowledged minorities' rights to learn in schools in their mother tongues[38] and, despite switching public tertiary education to Latvian, did not forbid private post-secondary education in minority languages. State had acknowledged public use of Latgalian.[39] After the 1934 Ulmanis coup d'état the policy changed, and many minority high schools were closed.[40] Particularly hard hit were the Belarusian primary schools, all but 5 of which were closed. Belarusian schoolteachers and other intellectuals in Latvia were suspected of having a pro-Soviet agenda harmful to national security.[41]

During World War II, German community of Latvia was mostly moved to Germany, and the Jewish community was destroyed (hit first by the Stalinist deportations in 1941, then by the Holocaust). Due to that, these groups' respective schools disappeared.

In the postwar Latvian Soviet Socialist Republic, the proportion of Latvian-speaking population decreased due to large losses in World War II and mass deportation, while the Russian-speaking population increased due to the presence of military forces and mass immigration of labour to implement the Soviet Union's industrialization policy (still, due to low birth rate, population of Latvia has grown by 27.4% between 1959 and 1989 censuses, while that of the whole USSR — by 36.8%).[42] Consequently, the use of Russian language increased and it started to dominate in the areas integrated on federal level (state security, railway etc.). As concerns tertiary education, in some faculties, the language of instruction was only Latvian, in some – only Russian, in some there were two language "streams". Under Stalinism, Polish schools were closed[43] and after Arvīds Pelše's 1959 victory over the "national communists" (Eduards Berklavs et al.), the last Latgalian newspaper was closed.[44]

Latvian was declared the state language of the Latvian SSR by a decree of the republican Supreme Soviet on 6 October 1988. Nevertheless, citizens could still choose to communicate with state authorities in Russian, and all correspondence with the USSR's federal bodies was to be in Russian.[45]

[edit] Demographic background

In the first post-Soviet census in 2000, 1,311,093 persons in Latvia reported Latvian as their mother tongue,[46] representing the vast majority of the estimated 1.5 million Latvian speakers worldwide.[47]

Livonian is currently a moribund language spoken by some 35 people, of whom only 10 are fluent.[48] In the first decade of 21st century, it was estimated that Livonian is native tongue of 4 people in Latvia, all of whom are elder than 70.[49]

Latvia's current territory is a close approximation to the range of Latvian habitation since Latvian people had emerged. As such, Latvian and Livonian are native only to Latvia.

In the 2000 census, 664,743 respondents listed Russian as their mother tongue,[46] representing 37.5% of the total population, whereas Latvian was recorded as the mother tongue for 58.2%.[50] Latvian was spoken as a second language by 20.8% of the population, and 43.7% spoke Russian as a second language.[51] At that time, in age groups up to 10–14 years, a greater proportion of Russians could speak Latvian than ethnic Latvians could speak Russian. In age groups over 15 years, however, more Latvians expressed proficiency in Russian than vice-versa.[52] In total, 71% of ethnic Latvians said they could speak Russian, and 52% of Russians could speak Latvian.[53]

Of all districts and cities in Latvia, the highest command of Latvian was in Talsi District (98.8%), while the lowest was in Daugavpils (41.4%). In Daugavpils was also the highest percentage of people speaking Russian (95.7%), and in Kuldīga District the lowest (57.6%). There was a similar breakdown with regards to mother tongue: 94.6% in Talsi District and for 11.6% in Daugavpils for Latvian, 80.4% in Daugavpils and for 3.0% in Talsi District for Russian.[54]

In the previous 1989 census, conducted while Latvia was still part of the USSR, Latvian was reported as the native language for 52.0% of the population, Russian for 42.1%;[55] 62.4% of population could speak Latvian, and 81.6% could speak Russian.[56]

It should be noted that Latgalian was not considered a language separate from Latvian in any census, whether during the Soviet period, or since the restoration of independence. Therefore no specific data on the number of its native speakers are available.

Other than native speakers of Latvian and Russian, the numbers of speakers of different mother tongues recorded in the 2000 census were:[46]

  • Belarusian: 18,265
  • Ukrainian: 17,301
  • Lithuanian: 13,187
  • Polish: 11,529
  • Romani: 5,637
  • Tatar: 867
  • Yiddish and Hebrew: 825
  • Estonian: 720
  • German: 541
  • Others: 6,055

[edit] Political background

Language policy is an important issue in Latvia: here, demonstrators demand official status for the Russian language.
Language policy is an important issue in Latvia: here, demonstrators demand official status for the Russian language.

The government of Latvia in its policy documents refers to Latvia as a (democratic) nation state,[57][58] constructing societal integration on the basis of the Latvian language,[59] while respecting the diversity of languages.[60] Most of the government coalition parties (People's Party,[61] TB/LNNK,[62] and Union of Greens and Farmers[63]) also describe Latvia as a nation state. The idea of the nation state, where "language = nation", is seen as the core and main engine of the language policy of the Latvian state.[64] Critics draw parallels between measures of Latvian government and assimilation of linguistic minorities in various countries.[65]

One critic, James Hughes, Reader in Comparative Politics at the London School of Economics and Political Science, has pointed out that Russian-speakers in Latvia constitute one of the largest linguistic minorities in Europe, therefore he considers Latvia's language laws are denying Russophones their language rights, and thus are contrary to international practice in the field of minority rights.[66] Nataliya Pulina in Moskovskiye Novosti asserts that Latvia's Russophones are by percentage actually the largest linguistic minority in the EU whose language has no official status.[67] Regarding the demographic arguments for Russian langauge rights in Latvia, the BBC's Angus Roxburgh reported in 2005:

There are as many Russians, proportionally, in Latvia as there are French speakers in Belgium. They argue that, being such a large minority, they should have the right to education in their native language if the demand exists—which it certainly does.
[They] say that Russian should be an official language with equal rights, just as Swedish is in Finland (for just 6% of the population).[68]

Among the parliamentary parties, ForHRUL offers in its programme to grant co-official status to Russian, Latgalian and possibly others languages in municipalities where these are native for more than 20% of population.[69] In a draft of its political programme,[70] HC offers to grant co-official status to Latgalian and Russian in printed media, public sphere and education (for Russian, in communication with authorities, as well), stressing its support for the sole state language. Both these parties are in permanent opposition on the state level.

On the other hand, TB/LNNK, a member of governing coalition since 2006, is asking that Latvian be made the sole language of instruction, even in minority schools.[71]

According to research conducted by BISS in 2004,[72] 19% of ethnic Latvians, 87% of Russians and 75% of others (51% of total respondents) were for granting to Russian language the same official status as to Latvian, against — 77% of ethnic Latvians, 8% of Russians and 18% of others (44% of total respondents).

[edit] International recommendations

In 1999, OSCE High Commissioner on National Minorities found Latvia's new language law to be in conformity with Latvia's international obligations and commitments.[73]

International organizations have recommended to Latvia on various occasions to:

  • revisit language policy, aiming to better reflect the multilingual character of society;[74]
  • facilitate use of minority languages in written correspondence between people belonging to the national minorities and authorities;[75][76]
  • be flexible in introduction of bilingual education;[77]
  • give priority to constructive and non-obligatory measures, encouraging the Russian-speaking population to learn and use Latvian.[78]

[edit] References

  1. ^ State Language Law — Sections 1, 3-5
  2. ^ Decision on status of the Latvian language (Supreme Council of Latvian SSR, 06.10.1988.)(Latvian)
  3. ^ Third report on Latvia by ECRI, 2008 — see Paragraph 4
  4. ^ 1992 Law on Languages — Sections 8, 9(Latvian)
  5. ^ ECHR judgment in case No. 46726/99
  6. ^ UN HRC views in case No. 884/1999
  7. ^ Жданова Д. ООН встала на защиту «Равноправия», «Час» 10.08.01.(Russian)
  8. ^ ECHR decision in case No. 71557/01(French)
  9. ^ ECHR decision in case No. 71074/01(French)
  10. ^ Constitutional Court of Latvia judgment in case No. 2001-04-0103
  11. ^ Radio and Television Law
  12. ^ Radio and Television Law
  13. ^ Constitutional Court of Latvia judgement in case No. 2003-02-0106
  14. ^ Valodu prasmes ietekme uz ekonomiski aktīvo iedzīvotāju dzīves kvalitāti, 2006(Latvian)
  15. ^ Noteikumi par tulkojumu nodrošināšanu pasākumos(Latvian)
  16. ^ Noteikumi par valodu lietošanu informācijā(Latvian)
  17. ^ Law on Meetings, Processions and Pickets (as adopted in 1997)(Latvian)
  18. ^ Riga Dubnov Jewish Secondary school
  19. ^ Riga Ukrainian Secondary School(Latvian)(Russian)(Ukrainian)
  20. ^ Puķītis M. Ivans mācās «pa latviski»//"Nedēļa", 06.09.2005. (Latvian)
  21. ^ Statistics of Ministry of Education and Science(Latvian)
  22. ^ Minority protection in Latvia Open Society Instutue, 2001, p. 291
  23. ^ Minority protection in Latvia Open Society Instutue, 2001, p. 292
  24. ^ Minority Education in Latvia
  25. ^ Third report on Latvia by ECRI — see Paragraph 54
  26. ^ Education law: edition being in force between 27.02.2004. and 15.09.2005., English and current version, Latvian
  27. ^ Фейгмане Т. Д. Русская школа в Латвии: два века истории(Russian)
  28. ^ Constitutional Court of Latvia judgment in case No. 2005-02-0106
  29. ^ Constitutional Court of Latvia judgement in case No. 2004-18-0106
  30. ^ Riga Technical University Department of Foreign Students
  31. ^ 2005 Latvian-Swedish Treaty on Riga Graduate School of Law - See Article 7; there is a version in English under one in Latvian
  32. ^ Citizenship Law
  33. ^ Raisanovsky, Nicholas V. (1993). A History of Russia, 5th ed., New York; Oxford: Oxford University Press. ISBN 0195074629. 
  34. ^ Iskolat decree on the use of Latvian in official administration, 4 January 1918 (Latvian)
  35. ^ Decree on use of languages in official documents, 8 March 1919 (Latvian)
  36. ^ Saeimas kārtības rullis. "Valdības vēstnesis", 27.03.1923. — 145. pants(Latvian)
  37. ^ Saeimas kārtības rullis, "Valdības vēstnesis", 10.04.1929. — 147. pants(Latvian)
  38. ^ Excepts from 1919 Law on educational bodies: Russian, Latvian
  39. ^ 1921 Rules on use of Latgalian idiom(Latvian)
  40. ^ Фейгмане Т. Д. Русские в довоенной Латвии — Р.: БРИ, 2000. ISBN 9984-606-68-6 — стр. 281—296 (Russian)
  41. ^ Latvijas izlūkdienesti 1919-1940: 664 likteņi, ed. Vija Kaņepe (Riga: LU žurnāla "Latvijas Vēsture" fonds, 2001), ISBN 9984639298, pp. 240–1. (Latvian)
  42. ^ demoscope.ru database: population of USSR and its republics (by ethnicity) — 1959, 1989(Russian)
  43. ^ Jēkabsons Ē. Poles in Latvia
  44. ^ Зейле П. Латышская культура и культура в Латвии в 20-30-е годы XX века(Russian)
  45. ^ Latvian SSR Supreme Soviet Decree on the Status of Latvian, 6 October 1988
  46. ^ a b c Central Statistical Bureau Database for 2000 Census, table on mother tongues (Latvian)
  47. ^ Entry for Latvian on Ethnologue.com
  48. ^ Nanovfszky, György (ed.) (2000). Nyelvrokonaink (in Hungarian, Russian). Budapest: Teleki László Alapítvány. ISBN 9630034247. OCLC 45621804. 
  49. ^ Ernšreits V. The Liv language today (published between 2005 and 2008)
  50. ^ 2000 census results — choose "Results of Population Census Year 2000, in short" and "Iedzīvotāju dzimtā valoda un citu valodu prasme"(Latvian)
  51. ^ LR CSP preses izlaidums: 2000. Gada Tautas Skaitīšana Latvijā; 07.11.2000.(Latvian)
  52. ^ Latviešu un krievu valodas prasme 2000. g.(Latvian)
  53. ^ Dažādu tautu valodu prasme(Latvian)
  54. ^ Latvijas iedzīvotāju valodu prasme(Latvian)
  55. ^ 1989. gada tautas skaitīšanas rezultāti Latvijā. Итоги переписи населения 1989 года по Латвии — Rīga: LR Valsts statistikas komiteja, 1992 — 89. lpp./стр.(Latvian)(Russian)
  56. ^ Migranti Latvijā(Latvian)
  57. ^ State programme "Social integration in Latvia"(Latvian) - see p. 8
  58. ^ Guidelines of cultural policy 2006-2015 "Nation state"(Latvian)
  59. ^ State programme "Social integration in Latvia"(Latvian) - see p. 4
  60. ^ Guidelines of the State Language Policy for 2005-2014 — p. 19
  61. ^ What is the People’s Party? Section "The basic principles of the People’s Party’s policies"
  62. ^ Electoral programme of TB/LNNK, 2006(Latvian)
  63. ^ Electoral programme of Union of Greens and Farmers, 2002(Latvian)
  64. ^ Dilāns G. Valodas politika — vai 2004. gada reformas dziļākais pamatojums ir objektīvi analizēts?(Latvian)
  65. ^ Dilāns G. Valodas plānošanas politika un integrācija Latvijā pēc 1990. gada(Latvian)
  66. ^ James Hughes (2005). Discrimination against the Russophone Minority in Estonia and Latvia. Development & Transition. London School of Economics. Retrieved on 2008-03-27.
  67. ^ Пулина, Наталия. "Татьяна Жданок: «Русские могут влиять на политику Латвии»", Московские новости, 2007-11-16. Retrieved on 2008-03-29. (Russian) 
  68. ^ Roxburgh, Angus (2005-03-29). Latvian lessons irk Russians. BBC News. Retrieved on 2008-03-29.
  69. ^ ForHRUL programme (2006) — see section 7.5.: Russian, Latvian
  70. ^ HC programme project – section "Cultural and language diversity": Russian, Latvian
  71. ^ TB/LNNK electoral programme (2006) (Latvian)
  72. ^ Ethnopolitical tension in Latvia: looking for solving the conflict — see p. 39 (Latvian)
  73. ^ OSCE Press Statement (1999). High Commissioner welcomes State Language Law in Latvia. OSCE. Retrieved on 2008-03-29.
  74. ^ Report on mission to Latvia (2008), UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance — see Paragraph 89
  75. ^ 2007 Memorandum of CoE Commissioner for Human Rights
  76. ^ CEPA Resolution No. 1527 (2006) — P. 16, 17.11
  77. ^ 2004 List of main claims and recommendations of international organizations and NGO to Latvia as regards rights of national minorities
  78. ^ Third report on Latvia by ECRI, 2008 — see Paragraph 126

[edit] Further reading

[edit] External links