Issue 2: Prevention and reduction of statelessness (including
the child’s right to a nationality and rights of ‘non-citizens’)
22. The Latvian Government has taken some steps towards preventing and reducing
statelessness, including recent legal reforms to address childhood statelessness.44 The
Government also provides information and support for ‘non-citizens’ to naturalise as
Latvian citizens. 45 However, more than 200,000 people - 65% of whom identify as
members of the ethnic Russian minority – remain stateless with ‘non-citizen’ status in
the country.
23. Although ‘non-citizens’ are granted rights (and a route to naturalisation if they can
meet certain conditions) that go beyond the minimum rights prescribed by the 1954
Convention, there are important differences distinguishing them from Latvian
nationals and they are denied a series of rights they are entitled to under human rights
law. As set out in the summary report on the eleventh session of the 2018 United
Nations Forum on Minority Issues:
“Latvian non-citizens, … despite having access to many human rights, still face
many restrictions on their minority rights, especially in the field of education
and language”.46
Further, they do not have political rights and are excluded from certain professions;
they face limitations to land ownership and do not benefit from EU citizenship.
Moreover, 'non-citizens' are prohibited from working for the civil service and from
holding any position of employment which relates directly to Latvian national
security.47
24. Ahead of its 2018 review before the CERD Committee, Latvia reported on both its
simplification of naturalisation procedures and “the organisation of campaigns with
regard to naturalisation and targeted counselling for ‘non-citizens’”.48 As reported by
Latvia, measures taken to facilitate access to naturalisation have included:
“The introduction of reductions and exemptions from naturalisation fees for
certain vulnerable groups, the launch of a project by the Office of Citizenship
and Migration Affairs in April 2019 to promote naturalisation through
awareness-raising campaigns on citizenship procedures, and the introduction
of self-testing measures to help applicants pass their naturalisation exams”.49
25. While the Committee noted these efforts, it expressed concern that 11% of the
population of Latvia (at the time in 2018, 233,000 persons) had no nationality, they do
not have a right to vote or participate in political life, they face discrimination in access
44
https://index.statelessness.eu/news/latvia-takes-decisive-step-towards-eliminating-childhood-statelessness
of Citizenship and Migration Affairs website, Naturalizācija (Naturalisation):
https://www.pmlp.gov.lv/lv/sakums/pakalpojumi/pilsoniba/pilsonibas-registracija/naturalizacija/informacijas-diena.html
46 Statelessness: A Minority issue – Eleventh Session of the United Nations Forum on Minority Issues, November 2018,
Summary by the Chairperson of the Forum, available at:
https://www.ohchr.org/Documents/HRBodies/HRCouncil/MinorityIssues/Session11/SummaryofChair.pdf.
47 The Constitutional Court of the Republic of Latvia, Riga, March 7, 2005 Judgment in the name of the Republic of Latvia in case
No 2004-15-0106, para 15.: http://www.satv.tiesa.gov.lv/wpcontent/uploads/2004/07/2004-15- 0106_Spriedums_ENG.pdf;
SKA – 472/2008, 3 October 2008 (Supreme Court Judgement): https://www.tiesas.lv/nolemumi/pdf/1 1451.pdf
48 Committee on the Elimination of Racial Discrimination, ‘Concluding Observations on the Combined Sixth to Twelfth Periodic
Reports of Latvia, CERC/C/LVA/CO/6-12, 25 September 2018, para. 5(c).
49 Committee on the Elimination of Racial Discrimination, letter to the Permanent Representative of Latvia to the UN Office, 24
September 2020, CERD/101st session/FU/MJA/ks.
45Office
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