Non-citizens (Latvia)

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Non-citizens or resident aliens (Latvian: nepilsoņi) in Latvian law are individuals who are not citizens of Latvia or any other state and permanently reside in Latvia. The majority of these are citizens of the dissolved USSR who had moved to the Latvian SSR from other parts of the USSR while Latvia was under the control of the Soviet Union, also including their descendants. (These individuals, listed as USSR citizens permanently residing in the territory of Latvia prior to July 1, 1992, and who did not qualify to automatically become Latvian citizens, comprise a distinct and separate segment of the non-citizen population with respect to laws and regulations regarding their status and rights, such as to claim property.)

1 Number
2 Status
3 Naturalisation
4 Non-citizens as a political question
5 References
6 External links

[edit] Number

As of 2007, there were about 393 000 non-citizens living in Latvia ^[1], mostly Russian-speaking. In 1991, they were about 700 000. Non-citizens' number is declining due to dying out, emigration and naturalization (since 1995, allowed for most non-citizens after referendum in 1998).

All children born in Latvia after August 21 1991, including those whose parents are non-citizens, are entitled to citizenship if they permanently reside in Latvia and are not citizens of any other state. ^[2].

[edit] Status

Image:Latvia-aliens-identity-card.PNG

Latvian "Alien's Identity Card", official sample

This category of people was created by decision^[3] of Latvian parliament (elected by the current non-citizens too) in October 1991, when it acknowledged as citizens of Latvia only citizens of Republic of Latvia in 1940 and their children.

Non-citizens' legal status wasn't clear until the 1995 Law on the Status of those Former USSR Citizens who do not Possess Citizenship of Latvia or Citizenship of any Other Country^[4].

They have^[5] some legal ties with Latvia and, therefore, difference in status from stateless persons (Latvian: bezvalstnieki), such as right to reside in Latvia without visas or residence permits. However, non-citizens have no voting rights^[6], limited rights on pensions^[7] etc. They are not allowed to work in government, police and civil services. However, they are also exempted from military service, compulsory for Latvian citizens.

The treatment of Latvia's non-citizens under international relations is defined both by the laws and policies of other countires and by bilateral agreements with Latvia. For example, with regard to international travel, numerous countries allow visa-free travel for Latvian citizens but not for non-citizens. Only Denmark, Western Samoa, Lithuania, and Estonia do not discriminate between Latvian citizens and non-citizens. The Russian Federation discriminates in favor of non-citizens.^[8]^[9].

[edit] Naturalisation

Non-citizens may naturalize provided they have legally resided in Latvia for at least 5 years, pass tests in Latvian language, history and Constitution and know the lyrics of the Latvian anthem.^[10] Former members of foreign military and activists considered hostile to the Republic of Latvia, such as activist of various federalist organization of 1991, people convicted of propagating fascist or communist ideas or inciting ethnic hatred, are excluded, though. The government may refuse naturalisation also to people fulfilling all these requirements finding them illoyal (Petropavlovsky case, as of 2007 — pending before European Court of Human Rights). As of May, 2007, 124 153 people are naturalized^[11], mostly non-citizens.

[edit] Non-citizens as a political question

Before the victory in 1990 elections, the Popular Front of Latvia claimed^[12] that all willing residents of Latvia should get citizenship of independent Latvia ("zero option").

According to SKDS research^[13], in 2005 45.9 % of inhabitants (but only 38.4 % of citizens) supported granting voting rights for non-citizens at municipal elections, against such amendments were 35.6 % of inhabitants (and 42.8 % of citizens). 74.6 % of Russian-speaking respondents and 24.8 % of ethnic Latvian respondents expressed support for this idea, negative attitude to it was shown by 7.8 % of Russian-speaking respondents and 55.9 % of ethnic Latvian respondents.

Nowadays, Harmony Centre is^[14] for making the naturalization and granting citizenship to some categories of non-citizens. ForHRUL, supporting these steps, is also maintaining^[15] the idea of "zero option". On the other side, TB/LNNK asks^[16] to stop naturalization. Most of the ruling parties support the status quo.

International community expresses slightly different views on the question. So, OSCE mission monitoring the 2006 parliamentary elections mentioned that

“

Approximately 400,000 people in Latvia, some 18 per cent of the total population, have not obtained Latvian or any other citizenship and therefore still have the status of “non-citizens.” In the vast majority, these are persons who migrated to Latvia from within the former Soviet Union, and their descendants. Non-citizens do not have the right to vote in any Latvian elections, although they can join political parties. To obtain citizenship, these persons must go through a naturalization process, which over 50,000 persons have done since the 2002 Saeima election. The fact that a significant percentage of the adult population does not enjoy voting rights represents a continuing democracy deficit. ^[17]

”

A resolution of the Parliamentary Assembly of the Council of Europe in November 2006 found:

“

The Assembly considers that the naturalisation regulations adopted in Latvia do not raise insuperable obstacles to the acquisition of Latvian nationality and that the applicable procedure does not entail any requirements that are excessive or contrary to existing European standards. However, when it comes to the very specific situation of non-citizens, which is unprecedented and therefore lacks a reference framework of European norms or practices, the Assembly considers that further improvements are possible to avoid unnecessary requirements for the acquisition of Latvian nationality. ^[18]

”

Russian Foreign Office has published a collection^[19] of international recommendations to Latvia concerning the minority rights, including those on non-citizenship issue. Despite advocacy to ease Latvian naturalization requirements, Russian policy is not uniform in its support of that aim. As mentioned, Latvian citizens are charged more for a Russian single-entry visa as non-citizens (more than five times the fee as of December 2007),^[20] seen as rewarding if not encouraging statelessness.^[21]