This article will
first analyse the legislation on the language of the Republic of Latvia, which, after some
initial remarks has been considered compatible with the general human rights standards and
with the European legislation. In fact Günter Verheugen, EU Commissioner responsible for
enlargement, declared that Latvia fulfils all the criteria in the field of societal
integration and has complied with all international requirements regarding its ethnic
minorities. (3) This analysis
will be followed by some critical statements of the provision about citizenship in Latvia,
which are relevant for the members of linguistic minorities. (4)
2. The normative framework
According to
Article 4 of the Constitution of 1922, revised and revitalized, (5) The
Latvian language is the official language in the Republic of Latvia. Also, on April
30, 2002, as a part of so-called "language amendments" to the Constitution,
Article 18 was supplemented with the provision that every MP is obliged to swear or to
give a promise "to be loyal towards Latvia, strengthen its sovereignty and the
Latvian language as the sole State language, defend Latvia as an independent and
democratic State, fulfill his/her duties in good faith, observe the Constitution and the
laws."
Soon after the
restoration of democracy and independence, Latvia enacted a law with the aim of
strengthening the Latvian language, the Valsts Valoda Likums or State Language
Law of 1992. This law allowed, even if in limited cases, the use of other historical
languages of Latvia, like Russian and German, nevertheless the only official language was
the State language, i.e. Latvian.
The new State
Language Law, established in 1999, is much more demanding than the former. For
instance, according to Article 5 of this Law, Any other language used in the
Republic of Latvia, except the Liv language (an old Finn language spoken only by few dozen
people), shall be regarded, within the meaning of this Law, as a foreign language.
3. The main contents of the State Language Law of 1999
This law has a
double nature: from one side it is a very typical normative tool for the majority, but
from the other side it reflects a spirit of defense and promotion of the local language
which makes it similar to other language laws in Europe which enhance a kind of affirmative action policy. This spirit of promotion of an endangered language
is also present in the Catalan law of linguistic policy (6) and even in
the French linguistic law of 1993. (7)
The purpose of this Law, according
to Article 1 are:
a) the preservation, protection and
development of the Latvian language;
b) the preservation of the cultural and historical heritage of the Latvian nation;
c) the right to use the Latvian language freely in any sphere of life in the whole
territory of Latvia;
d) the integration of national minorities into Latvian society while respecting their
right to use their mother tongue or any other language;
e) the increase of the influence of the Latvian language in the cultural environment of
Latvia by promoting a faster integration of society.
It is important
to underline both the aim of strengthening the local language, which needs support
policies for that, and at the same time the concern for the integration of national
minorities into the Latvian society. In order to reach this goal, the members of national
minorities must learn the Latvian language, but they are assured the use of their language
in the private sphere.
The fundamental
provisions for the use of the Latvian language in public and private institutions are
contained in Article 2, 6 and 7, which state as follows:
Article 2
(1) This Law
shall regulate the use and protection of the state language at state and municipal
institutions, courts and agencies belonging to the judicial system, as well as at other
agencies, organisations and enterprises (or companies), in education and other spheres.
(2) The use of
language in private institutions, organisations and enterprises (or companies) and the use
of language with regard to self-employed persons shall be regulated in cases when their
activities concern legitimate public interests (public safety, health, morals, health
care, protection of consumer rights and labour rights, workplace safety and public
administrative supervision) (hereafter also: legitimate public interests) and shall be
regulated to the extent that the restriction applied to ensure legitimate public interests
is balanced with the rights and interests of private institutions, organisations,
companies (enterprises).
(3) The Law shall not regulate the use of
language in the unofficial communication of the residents of Latvia, the internal
communication of national and ethnic groups, the language used during worship services,
ceremonies, rites and any other kind of religious activities of religious organisations.
Article 6
(1) Employees of
state and municipal institutions, courts and agencies belonging to the judicial system,
state and municipal enterprises, as well as employees in companies in which the state or a
municipality holds the largest share of the capital, must know and use the state language
to the extent necessary for the performance of their professional and employment duties.
(2) Employees of
private institutions, organisations, enterprises (or companies), as well as self-employed
persons, must use the state language if their activities relate to legitimate public
interests (public safety, health, morals, health care, protection of consumer rights and
labour rights, workplace safety and public administrative supervision).
(3) Employees of
private institutions, organisations and enterprises (or companies), as well as
self-employed persons who, as required by law or other normative acts, perform certain
public functions must know and use the state language to the extent necessary for the
performance of their functions.
(4) Foreign
specialists and foreign members of an enterprise (or company) administration who work in
Latvia must know and use the state language to the extent necessary for the performance of
their professional and employment duties, or they themselves must ensure translation into
the state language.
(5) The required
level of the state language proficiency of the persons referred to in paragraphs 1, 2 and
3 of this Article, as well as the assessment procedure of their state language
proficiency, shall be set by the Cabinet of Ministers.
Article 7