SAVICKIS AND OTHERS v. LATVIA JUDGMENT
Constitutional Court’s decision, at best, gives a very narrow interpretation of the
[Court’s] judgment.
131. Furthermore, ECRI has been informed that bilateral agreements have been
signed with Russia, Ukraine and Belarus in order to cover “non-citizens” pensions for
employment periods spent in former USSR republics. ECRI notes that this approach,
while positive for those who have worked in the above republics and who would
otherwise have received a curtailed pension, fails to address the “non-citizens” who
have worked in the remaining 9 former USSR republics, in respect of which a bilateral
agreement has not been signed. This, according to the [Court’s] Andrejeva judgment,
amounts to discrimination.
132. ECRI recommends that the Latvian authorities implement the judgment of the
[Court] in a manner that will not have a negative impact on interethnic relations,
namely by using it to reduce existing pension entitlements of citizens.”
88. Following the fifth monitoring cycle, the ECRI report on Latvia,
adopted on 4 December 2018, includes the following assessment of the status
of “permanently resident non-citizen” of Latvia (footnotes omitted; emphasis
as in the original):
“Non-citizens”
55. According to the CSB January 2017 data, there were 222 847 so-called
“non-citizens” residing in Latvia, accounting for 11.4% of the country’s population.
The majority of them are ethnic Russians. They are a special category of persons,
citizens of the former USSR who were residents in Latvia on 1 July 1991 and who do
not possess citizenship of any other country. The term “non-citizens” does not cover
foreign nationals. Although they do not have the same rights as citizens, the United
Nations High Commissioner for Refugees (UNHCR) points out that the “non-citizens”
enjoy the right to reside in Latvia ex lege and a set of rights and obligations generally
beyond the rights prescribed by the 1954 Convention Relating to the Status of Stateless
Persons, including protection from removal, and as such the “non-citizens” may
currently be considered persons to whom the Convention does not apply in accordance
with its Article 1.2(ii).
56. Since ECRI’s last report, the number of “non-citizens” has further declined
(326 735 persons in 2011, who then made up 14.6% of the population). This is partially
due to demographic factors and mortality, as around 40% of “non-citizens” are 60 years
or older. At the same time, the number of naturalisations has also declined but now
stabilised at approximately 1 000 per year. According to the authorities, 98% of
“non-citizen” applicants pass the necessary naturalisation exams, although not all of
them on their first attempt. According to a 2016 survey carried out by the Office for
Citizenship and Migration Affairs, among “non-citizens”, the personal reasons why
respondents did not want to apply for naturalisation have changed. In previous years,
the Latvian language requirement and the fees had been mentioned as obstacles. These
no longer feature strongly among the reasons given. Instead, the advantages of visa-free
travel to the Russian Federation and eligibility for a then more advantageous Russian
pension are highlighted by many respondents. In addition, many “non-citizens” refuse
to apply for naturalisation out of principle, as they believe they should be granted
Latvian citizenship automatically. These reasons and sentiments were also confirmed
to ECRI by various representatives of “non-citizen” organisations.
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