Home > Union «For Human Rights in United Latvia» (FHRUL) > Background
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I. Prohibition to occupy certain state and public positions, to be employed in certain professions | |
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1. State office |
Satversme (The Constitution of the |
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2. Civil Servants |
The State Civil Service Law, adopted on 07.09.00, Art.7 |
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3. Constitutional Court Judges |
Constitutional Court Law, adopted on 05.06.96, Art. 4(2) |
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4. Judges |
The Law "On Judicial Power", adopted on 15.12.1992, Art.51(1) |
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5. Public Prosecutors |
The Law "On the Public Prosecutor's Office", adopted on 19.05.94, Art.33 (1) |
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6. State Security Officers |
The Law "On State Security Institutions", adopted on 05.05.94, Art.18 |
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7. Diplomatic and Consular Service |
The Law "On Diplomatic and Consular Service", adopted on 21.09.95, Art.3 (2) |
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8. Sworn surveyors |
The State Land Service Order "On the procedure for issuing licenses to sworn surveyor practices", adopted on 21.07.93, p.7 |
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9. Sworn evaluators |
The Land service regulations "On special licenses to be obtained to value and fix the statute ore price of real estate according to categories of fixing the statutory price and valuation", adopted on 27.12.95, Art. 15 |
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10. Police Service |
Amendments to the Law "On Police" adopted by the Cabinet of Ministers of the LR on 11.01.94, Rules 19, Art.1.5 |
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11 Prison Guard |
The Prison Administration Law, adopted on 31.10.02, Art.10(1) |
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12. State Firefighting and Rescue Service |
The Law on Fire Safety and Firefighting, adopted on 24.10.02, Art. 28.2 |
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13. Border guard |
The Law on Border Guard, adopted on 27.11.1997, Art. 7(1) |
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14. State Revenue service |
The Law on State Revenue Service, adopted on 28.10.1993, Art.17 (as amended of 25.10.2001) |
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15. Officials of the Labour Inspection |
State Labour Inspection Law, adopted on 13.12.2001. Art.5 |
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16 Access to information declared a state secret |
Law "On State Secrets", adopted on 17.10.96, Art. 9 (2) |
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b) Private Sector | |
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17. Sworn Advocates and Advocate's Assistants |
The Law "On Advocacy", adopted on 27.04.93, Art.14(1) and 83 |
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18. Sworn Notaries and Notary's Assistants |
Notary Law , adopted on 01.06.93, Art.9(1), 147(1) |
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19. Court bailiffs |
The Court Bailiffs Law, adopted on 24.10.02, Art. 12(1) |
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20. Aircraft captain |
The Law "On Aviation", adopted on 05.10.94, Art.35 |
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21. The managers of a security guard |
The Law “Security Guard Activities”, adopted on 29.10.1998, Art. 6 |
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22. Only Latvian citizen has the right to be employed in civil positions for army units |
“Military Service Law”, adopted on 30.05.2002, Art.16. |
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23. Non-citizen with pharmaceutical degree obtained outside EU can be licensed to practice only after one-year probation period |
"Pharmacy Law", adopted on 10.04.97, Art. 38(3), as amended on 16.04.2003 |
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c) Public sector | |
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24. To be elected as jurors |
The Law "On Judicial Power" adopted on 15.12.1992, Art.56 |
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25. To serve in the National Guard |
The Law "On National Guard", adopted on 06.04.93, Art. 5(1) |
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26. To establish political parties |
The Law "În Public Organizations and Associations", adopted on 15.12.92, Art. 43 |
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27. Political parties are allowed to operate if at least 1/2 of the members are citizens |
The Law "În Public Organizations and Associations", adopted on 15.12.92, Art. 45 with amendments adopted on 05.04.95 |
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28. To be elected to the National Radio and Television Council |
The Radio and Television Law, adopted on 24.08.1995, Art.42 |
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29. To participate in local elections |
The City Dome and Rural District Councils Election Law, adopted on 13.01.94, Art. 5. |
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30. To be elected to Commissions and working groups of municipalities |
The statute of |
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31. To elect and to be elected to the management of the Council of students of the |
Statute (Constitution) of the Students' Self – Government of the |
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32. Contacts with foreign citizens, access to cultural monuments and mass media are guaranteed to citizens only in some of the Agreements |
5 Agreements, signed from 7.08.92 to 10.05.99 (see List, 1) |
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II. Property Rights | |
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33. Acquire the land into ownership with building on it if the land was not owned by them before 22.07.40 |
The Law “On the Land Reform in the Cities of LR”, adopted on 20.11.91, Art. 12(1),(2) |
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34. A judicial person has the right to acquire the land plot into ownership in the LR cities if more than a half of its statute capital belongs to LR citizens. Should this ratio be changed, the deprivation of the land plot is envisaged, see |
The Law “On the Land Reform in the Cities of LR”, adopted on 20.11.91, Art. 20 |
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35. Similar to No.35 limitation for judicial persons when buying land plots in rural areas |
The Law "On the Land Privatization in Rural Regions", adopted on 09.07.92, Art. 28 |
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36. Every citizen of |
The Law "On Privatization Certificates", adopted on 16.03.95, Art. 5 (2), (4) |
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37. Non-citizens who arrived in |
The Law "On Privatization Certificates", adopted on 16.03.95, Art 5 (4) |
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38. A Latvian citizen is allotted with certificates if he lived in |
The Law "On Privatization Certificates", adopted on 16.03.95, Art 5 (3) |
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39. Only citizens and legal entities are guaranteed the protection of their investments abroad |
25 Agreements, adopted within the period 26.08.91-17.06.98 (see List, 2) |
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40. Protection of intellectual property abroad is guaranteed by some bilateral Agreements to citizens only |
2 Agreements with 5 states, adopted within the period 21.11.95-07.12.95 (see List, 3) |
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III. Private enterprise | |
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41. Licenses for air transportation abroad are guaranteed, by bilateral agreements to the companies controlled by Latvian citizens. If such control is lost, the license is revoked. |
17 Agreements, signed within the period 01.07.92-04.03.99 (see List, 4) |
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42. Only companies controlled by Latvian citizens can make fishing at the territory under |
Fishery agreement with |
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43. Non-discrimination regarding double taxation is guaranteed to citizens only |
6 Agreements, signed within the period 17.11.93-16.10.98 (see List, 5) |
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44. Establishment of joint-stock companies is not allowed to non-citizens who have resided less than 21 years in |
The Law “On Joint-Stock Companies”, adopted on May 18, 1993, Art.10.1 (1), 17.4 |
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IV. Social Rights | |
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45. Years of employment outside |
Law “On State Pensions”, adopted on 02.11.95, transitional regulations, Art. 1 |
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46. Only citizens have the right to receive different kinds of social aid on the |
Agreement with |
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V. Other Rights and Freedoms | |
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47. Only citizens have the right to study in certain higher education establishments |
Statute (Constitution) of the |
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48. Latvian citizens may enter 53 foreign countries without visas. Non-citizens may enter, without visas, only 6 of them |
The latest agreement with |
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49. The right on repatriation is enjoyed only by Latvian citizens as well as by persons whose ancestors are Latvians or Livs. |
Repatriation Law, adopted on 21.10.95, Art. 2 |
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50. Exemption from the customs duty during transit is provided, in some cases, to citizens only |
2 Agreements, signed on 29.11.91 and 07.12.91 (see List, 6) |
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51. Only Latvian citizens and (in some cases) legal entities are guaranteed of legal assistance |
9 Agreements, signed between 11.11.92 and 21.05.98 (see List, 7) |
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52. A citizen can be deprived of citizenship by court decision only. A non-citizen can be deprived of his status by decision of administrative authorities. |
The Law "În the Status of the Former |
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53. Non-citizens who have received compensations when leaving |
The Law "În the Status of the Former USSR Citizens Who Are Not Citizens of Latvia or Any Other State", adopted on 12.04.95, Art.1 (3) – according to the new Immigration Law, they may enter, if they pay back the compensation |
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54. Non-citizens can be acknowledged as politically repressed persons (by the Nazi regime), if they were repressed because of their national identity or who were minors and were confined in prisons and concentration camps in the |
The Law "On Determining the Status of Politically Repressed Persons who are Victims of Communist and Nazi Regimes", adopted on 12.04.95, Art.4, pp. 1-3 |
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55. Only Latvian citizens are entitled to form collections of weapons |
The Law "On the handling of weapons ", adopted on 06.06.2002, Art. 34 |
LIST
of some bilateral and international Agreements, discriminating against non-citizens
Latvian National Human Rights Office (LNHRO) has refused to discuss the differences between the rights of citizens and non-citizens stated in international agreements. In the opinion of LNHRO,
We would like to note, however, that every state that has signed at least one of the Agreements mentioned below is partly responsible for the discriminatory conditions against
1. General agreements (difference No 33)
1. With
2. With
3. With EU of 12.06.95 (not in force yet), Preamble
4. With
5. With
2. Agreements on the protection of investments (difference No 40)
1. With
2. With
3. With
4. With
5. With
6. With
7. With
8. With
9. With
10. With
11. With
12. With
13. With
14. With
*
15. With
16. With
* The only example, when
17. With
18. With
19. With
20. With
21. With
22. With
23. With
24. With
25. With
3. Agreements protecting intellectual property (difference No 41)
1. With
2. With EFTA of 07.12.95, Art. 15.2.
Besides, Art. 9.1 eliminates discrimination when delivering and selling goods in EFTA countries for citizens only (EFTA -
4. Air traffic agreements (difference No 42)
1. With
2. With
3. With the
4. With
5. With
6. With
7. With
8. With
9. With
10. With
11. With
12. With
13. With
14. With
15. With
16. With
17. With
5. Taxation Agreements (difference No 44)
The Agreements against double taxation (including residents), but citizens are given advantage.
1. With
2. With
3. With
4. With
5. With
6. With
6. Free trade Agreements (difference No 52)
1. With
2. With
7. Agreements on legal assistance (difference No 53)
The Agreements envisage the following main advantages for Latvian citizens:
a) equal rights with the citizens of the host country regarding legal assistance;
b) free legal assistance and non-payment of court expenses;
c) sending documents free of charge and (in many cases) without translation;
d) consular assistance;
e) recognition of marriages, sanity, adaptation etc. in accordance with the laws of another party to the Agreement;
f) non-refoulement to the other country in case of criminal offences.
1. With
* Non-citizens are only mentioned in Art. 17.2. The parties must provide the following information: about convictions, instigation of criminal proceedings, recognition as chronic alcoholics, drug addicts and insane. Among non-citizens, 4% are ethnic Lithuanians (data of Department of Citizenship and Immigration - DCI, 1993)
2. With
* Regarding non-citizens, (Art. 76, 77) information about convictions and instigation of criminal proceeding is transferred. Among non-citizens, 64% are ethnic Russians (data of DCI, 1993).
3. With
4. With
5. With
* Regarding non-citizens, (Art. 75, 76) information about convictions and instigation of criminal proceedings is transferred. Among non-citizens, 12% are ethnic Belorussians (data of DCI, 1993).
6. With
* Among non-citizens, 3.5% are ethnic Poles (data of DCI, 1993).
7. With
* Among non-citizens, 9% are ethnic Ukrainians (data of DCI, 1993).
8. With
9. With
