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Language policy in Latvia

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Politics of Latvia
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Articles 4 and 114 of the Constitution of Latvia form the foundation for language policy in Latvia, declaring Latvian to be the official state language and affirming the rights of ethnic minorities to preserve and develop their languages. Latvian, the Latgalian, and the Livonian language are considered indigenous and all other languages foreign, including Russian (the first language for more than one third of the population[1]). Other significant minority foreign languages include Belarusian, Ukrainian, Lithuanian, Polish, and Romani.

The preamble to the State Language Law includes as its goals "the integration of national minorities into Latvian society while respecting their right to use their mother tongue or any other language; [and] the increase of the influence of the Latvian language in the cultural environment of Latvia by promoting a faster integration of society."[2]

The official language (valsts valoda, literally state language) in Latvia is Latvian; this status has been explicitly defined since 1988.[3] In 1992, amendments to the 1989 Law on Languages strengthened the position of Latvian. All other languages, except the extinct[4] Livonian language, are defined as foreign languages in Section 5 of the State Language Law of 1999.

Since 1998, the official status of the Latvian language has been written into the Constitution (Article 4); and since 2002, MPs have been asked to promise to strengthen Latvian as the only official language in order to take their seats (Article 18). In the Constitution's chapter on human rights, rights to get answers from authorities in Latvian are specified since 2002 (Article 104). The current State Language Law was not amended since its adoption in 1999.

In 1995, Latvia signed, and in 2005 ratified the Council of Europe's Framework Convention for the Protection of National Minorities. When ratifying it, the Latvian Saeima (Parliament) made two declarations (worded as reservations) limiting the implementation of Articles 10 and 11. As at 2008, Latvia did not plan to sign the European Charter for Regional or Minority Languages.[5]

Language policy is implemented by a number of institutions: the State Language Commission (under the President) prepares proposals in this field; the State Language Centre (under the Ministry of Justice) executes control, imposes fines for administrative violations and translates documents of international significance, the Latvian Language Agency (under the Ministry of Education and Science) provides consultations and opportunities for learning the Latvian language, analyses the language situation.

Official use of languages

Since the State Language Law came into force in 2000, submitting documents to government (local included) and state public enterprises is allowed in Latvian only, except in cases specially defined in the law (emergency services, foreign residents etc.), according to Section 10. From 1992–2000, authorities had to accept documents in Russian, German and English, too, and were allowed to answer in the language of application.[6]

Before the losses of the Latvian government in the cases Podkolzina v. Latvia (ECHR) and Ignatāne v. Latvia (UN HRC), a certain level of command in Latvian was asked for eligibility to Parliament and local councils. In practice, this had led to re-examinations of various candidates, at least sometimes unexpected, which prevented Ignatāne and Podkolzina (representatives of the Equal Rights party in the 1997 local and 1998 parliamentary elections[7]) from participation. As of 2011, candidates do not need to prove language proficiency, but elected members of Saeima[8] and local councilors[9] can be deprived of mandate for insufficient command of Latvian.

Names and surnames in Latvian-issued documents are formed in Latvianized form, according to Section 19. These provisions were subject in ECHR cases Kuhareca v. Latvia[10] and Mencena v. Latvia[11] (both declared inadmissible in 2004), since the Latvian Constitutional Court had found them constitutional in 2001.[12] An analogous application was submitted to UN HRC in 2007 and won by the applicant on grounds of privacy (Raihman v. Latvia).[13]

Toponyms are formed in Latvian language only (on the Livonian coast - in Livonian as well), according to Section 18 of the State Language Law.

The Electronic Mass Media Law[14] orders to use only Latvian language in the first channels of public radio and television, and basically Latvian language in their second channels (Section 66).

The government of Latvia in its policy documents refers to Latvia as a (democratic) nation state,[15][16] constructing societal integration on the basis of the Latvian language,[17] while respecting the diversity of languages.[18] "Unity" block, comprising most of the governing coalition as of 2011, also describes Latvia as a nation state.[19] The idea of the nation state, where "language = nation", is seen as the core and main engine of the language policy of the Latvian state.[20] Critics draw parallels between measures of the Latvian government and the assimilation of linguistic minorities in various countries.[21]

One critic, James Hughes, Reader in Comparative Politics at the London School of Economics and Political Science, has pointed out that Russian-speakers in Latvia constitute one of the largest linguistic minorities in Europe, therefore he considers Latvia's language laws to be denying Russophones their language rights, and thus they are contrary to international practice in the field of minority rights.[22] Nataliya Pulina in Moskovskiye Novosti asserts that Latvia's Russophones are by percentage actually the largest linguistic minority in the EU whose language has no official status.[23] Regarding the demographic arguments for Russian language rights in Latvia, the BBC's Angus Roxburgh reported in 2005:

There are as many Russians, proportionally, in Latvia as there are French speakers in Belgium. They argue that, being such a large minority, they should have the right to education in their native language if the demand exists—which it certainly does.
[They] say that Russian should be an official language with equal rights, just as Swedish is in Finland (for just 6% of the population).[24]

Among the political parties, ForHRUL offers in its programme to grant co-official status to Russian, Latgalian and possibly others languages in municipalities where these are native for more than 20% of population.[25] In a draft of its political programme,[26] HC offers to grant co-official status to Latgalian and Russian in printed media, public sphere and education (for Russian, in communication with authorities, as well), stressing its support for the sole state language. Both these parties are in permanent opposition on the state level.

On the other hand, TB/LNNK, a member of governing coalition between 2006 and 2010, is demanding that Latvian be made the sole language of instruction, even in minority schools.[27]

According to research conducted by the Baltic Institute of Social Sciences in 2004,[28] the majority (77%) of ethnic Latvians opposed (56%) or mostly opposed (21%) granting Russian status as a second official language, while the majority (87%) of Russians supported (59%) or mostly supported (28%) such status, while a majority (75%) of other ethnicities also supported (40%) or rather supported (35%) such status. (Sample size was 1,018 respondents, with 51% supporting or rather supporting official status for Russian and 44% opposing or rather opposing it.)

Private use of languages

The Law on Electronic Media[14] prescribes that films aired in any channel should be dubbed in Latvian or to have original soundtrack and Latvian subtitles; TV broadcasts in languages other than Latvian, except news, live events, language learning broadcasts and retranslated content, must be subtitled in Latvian.(Section 28). The same concerns cinemas, according to Section 17 of State Language Law. Until a judgement[29] of the Constitutional Court upon request of 24 ForHRUL MPs (delivered in 2003), broadcasting in minority languages was limited for private TV and radio (originally within 30%, since 1998 within 25%).

According to Section 6 of State Language Law, levels of skills in Latvian are defined for various professions, which concern legitimate public interest. Totally, there are six levels and two lists of professions (longer for public sector and shorter for private sector), classified by needed level. For those who didn't get education in Latvian and aren't disabled, an examination is needed to define their skills in Latvian, to work in these professions. Those who fail to show needed level during inspections, can be fined. Labour market shows high demand for skills in Latvian, Russian and English languages.[30]

According to Section 11 of State Language Law, organizers of public events have to provide in Latvian information, which concerns legitimate public interest (defined in Section 2 — public safety, health care et cetera).[31] The same affects posters, billboards and signboards, according to Section 21.[32] Previously, according to the Law of languages as amended in 1992 (Section 5), organizers of any public event had to provide translation into Latvian in their conferences. An exemption had existed for organizations of ethnic minorities and religious organizations; 1997 Law on Meetings, Processions and Pickets has foreseen free choice of language in meetings, pickets and processions, too (Section 19).[33]

Education

Instruction in Latvian gradually increased its share 1999-2006
In total numbers, both Latvian and Russian decreased while the number of students enrolled in classes with another language of instruction remained minimal.

Since the beginning of the 1990s, some Polish language schools were created besides the existing schools with Latvian and Russian language of instruction. Certain schools (e.g., Riga Dubnov Jewish Secondary school, founded in 1989,[34] and Riga Ukrainian Secondary School, founded in 1991,[35] which had originally used Ukrainian as language of instruction, but switched to Latvian in 1993/1994[36]) now include in their curriculum lessons in respective minority languages. The number of Russian schools, however, is decreasing,[37] partly due to natural demographic decline and partly due to emigration,[38] as the following table demonstrates, with some schools with apparent viability closed.[39]

Number of students by language of instruction (Ministry of Education and Science)[40]
School year 95-96 99-00 00-01 01-02 02-03 03-04 04-05 05-06 06-07
Latvian 203,607 239,163 242,475 242,183 237,425 230,212 214,855 205,189 194,230
Russian 132,540 120,925 116,009 108,454 101,486 95,841 84,559 77,471 70,683
Others 1513 1344 1344 1352 1397 1305 1253 1287 1198
Total 337,660 361,432 359,818 351,989 340,308 327,358 300,667 283,947 266,111
% learning in Latvian 60.3 66.2 67.4 68.8 69.8 70.3 71.5 72.3 73.0

There is also increasing number of minority children attending Latvian-language schools.[41]

According to Education law,[42] as adopted in 1998, the language of instruction in public secondary schools (Forms 10-12) had to be only Latvian since 2004. This has mostly affected Russian schools, some existing in Latvia without interruption since at least 1789.[43] After wide protests in 2003 and 2004, the law was amended allowing to teach up to 40% of curricula in minority languages (Transition Rules) and allowing orphans to continue their education not only in Latvian, but also in the language he or she began it (Section 56).

In 2005, one judgment[44] of the Constitutional Court (upon request of ForHRUL, NHP and LSP MPs) has declared unconstitutional the ban of public co-funding for private minority schools, another[45] has declared the proportion "60:40" constitutional.

According to the same 1998 Education Law, the tertiary education in public colleges and universities has to be in Latvian only since 1999 (it had to be basically in Latvian since the second year, according to 1992 Law on Languages, Section 11). In fact, there still exist programmes with education in English for foreigners (Riga Technical University[46]) or according to special laws (Riga Graduate School of Law[47]). There is a demand for tertiary education in Russian, too: it is used, for example, at the Baltic International Academy.

Latvian residents who have completed a full educational course (Forms 1-12) in Latvian, may register themselves as Latvian citizens without the usual procedure of naturalization (Section 2 of the Citizenship Law[48]).

Historical background

In the medieval Livonian Confederation, Latin and German were the dominant languages of education and administration. German kept this position under subsequent periods of rule by Poland, Sweden and, initially, under the Russian Empire. German was the language of instruction in the first institution of tertiary education on the territory of Latvia (Riga Polytechnicum, founded in 1862). In Latgale, the Polish language gained some influence, beginning from the 16th century.

From the mid-19th century, Latvian started to rise in influence. At the end of the 19th century, tsar Alexander III instigated a policy of Russification in non-Russian areas of the Empire.[49] As a result, language of administration, that of Riga Polytechnicum and most schools was changed from German to Russian, and some German toponyms in eastern Latvia were Russianized (e.g., Dünaburg became Dvinsk). After the 1905 revolution, possibilities for schooling in Latvian increased.

The pro-Bolshevik revolutionary soviet, Iskolat, declared on 4 January 1918 that Latvian should be the primary language of administration on the territory of Latvia.[50]

Under the short-lived Latvian Socialist Soviet Republic in 1919, Latgalian enjoyed co-equal status with both Latvian and Russian as an official language of administration.[51]

The Republic of Latvia (founded in 1918) was initially liberal in its language policy: while Latvianizing toponyms (e.g., Dvinsk became Daugavpils), it also allowed Russian and German languages to be used in Parliament along Latvian,[52][53] acknowledged minorities' rights to learn in schools in their mother tongues[54] and, despite switching public tertiary education to Latvian, did not forbid private post-secondary education in minority languages. State had acknowledged public use of Latgalian.[55] After the 1934 Ulmanis coup d'état the policy changed, and many minority high schools were closed.[56] Particularly hard hit were the Belarusian primary schools, all but 5 of which were closed. Belarusian schoolteachers and other intellectuals in Latvia were suspected of having a pro-Soviet agenda harmful to national security.[57]

During World War II, Latvia's German community was mostly moved to Germany, and the Jewish community was destroyed (hit first by the Stalinist deportations in 1941, then by the Holocaust). Due to that, these groups' respective schools disappeared.

In the postwar Latvian Soviet Socialist Republic, the proportion of Latvian-speaking population decreased due to large losses in World War II and mass deportation, while the Russian-speaking population increased due to the presence of military forces and mass immigration of labour to implement the Soviet Union's industrialization policy (still, due to low birth rate, the population of Latvia has grown by 27.4% between 1959 and 1989 censuses, while that of the whole USSR — by 36.8%).[58] Consequently, the use of Russian increased and it started to dominate in the areas integrated on a federal level (state security, railway etc.). As concerns tertiary education, in some faculties, the language of instruction was only Latvian, in some, only Russian; in some there were two language "streams". Under Stalinism, Polish schools were closed[59] and after Arvīds Pelše's 1959 victory over the "national communists" (Eduards Berklavs et al.), the last Latgalian newspaper was closed.[60]

Latvian was declared the state language of the Latvian SSR by a decree of the republican Supreme Soviet on 6 October 1988. Nevertheless, citizens could still choose to communicate with state authorities in Russian, and all correspondence with the USSR's federal bodies was to be in Russian.[61]

Demographic background

In the first post-Soviet census in 2000, 1,311,093 persons in Latvia reported Latvian as their mother tongue,[62] representing the vast majority of the estimated 1.5 million Latvian speakers worldwide.[63]

In the year 2000, Livonian was a moribund language spoken by some 35 people, of whom only 10 were fluent.[64] In the first decade of the 21st century, it was estimated that Livonian was the native tongue of 4 people in Latvia, all of whom were older than 70.[65] Grizelda Kristiņa, the last native speaker of Livonian, died on June 2, 2013.[66]

Latvia's current territory is a close approximation to the range of Latvian habitation since the Latvian people emerged. As such, Latvian and Livonian are native only to Latvia.

In the 2000 census, 891,451 respondents listed Russian as their mother tongue,[62] representing 37.5% of the total population, whereas Latvian was recorded as the mother tongue for 58.2%.[1] Latvian was spoken as a second language by 20.8% of the population, and 43.7% spoke Russian as a second language.[67] At that time, in age groups up to 10–14 years, a greater proportion of Russians could speak Latvian than ethnic Latvians could speak Russian. In age groups over 15 years, however, more Latvians expressed proficiency in Russian than vice versa.[68] In total, 71% of ethnic Latvians said they could speak Russian, and 52% of Russians could speak Latvian.[69]

Of all districts and cities in Latvia, the highest command of Latvian was in Talsi District (98.8%), while the lowest was in Daugavpils (41.4%). In Daugavpils was also the highest percentage of people speaking Russian (95.7%), and in Kuldīga District the lowest (57.6%). There was a similar breakdown with regards to mother tongue: 94.6% in Talsi District and for 11.6% in Daugavpils for Latvian, 80.4% in Daugavpils and for 3.0% in Talsi District for Russian.[70]

In the previous 1989 census, conducted while Latvia was still part of the USSR, Latvian was reported as the native language for 52.0% of the population, Russian for 42.1%;[71] 62.4% of population could speak Latvian, and 81.6% could speak Russian.[72]

It should be noted that Latgalian was not considered a language separate from Latvian in any census, whether during the Soviet period, or since the restoration of independence. Therefore no specific data on the number of its native speakers are available.

Smaller minority languages in Latvia (census 2000)

Other than native speakers of Latvian and Russian, the numbers of speakers of different mother tongues recorded in the 2000 census were:[62]

International recommendations

In 1999, the Organization for Security and Co-operation in Europe High Commissioner on National Minorities found Latvia's new language law to be "essentially in conformity with Latvia's international obligations and commitments".[73] In 2000, he stated that the government regulations were "essentially in conformity with both the Law and Latvia's international obligations", but that "specific matters will have to be reviewed upon Latvia's anticipated ratification of the Framework Convention for the Protection of National Minorities".[74] The ratification took place in 2005.

International organizations have recommended to Latvia on various occasions to:

  • revisit language policy, aiming to better reflect the multilingual character of society;[75]
  • facilitate use of minority languages in written correspondence between people belonging to the national minorities and authorities;[76][77]
  • be flexible in introduction of bilingual education;[78]
  • give priority to constructive and non-obligatory measures, encouraging the Russian-speaking population to learn and use Latvian.[79]

References

  1. ^ a b 2000 census results — choose "Results of Population Census Year 2000, in short" and "Iedzīvotāju dzimtā valoda un citu valodu prasme"Template:Lv icon
  2. ^ State Language Law — Sections 1, 3-5
  3. ^ Decision on status of the Latvian language (Supreme Council of Latvian SSR, 06.10.1988.)Template:Lv icon
  4. ^ http://www.helsinki.fi/~tasalmin/fu.html
  5. ^ Third report on Latvia by the European Commission against Racism and Intolerance, 2008 — see Paragraph 4
  6. ^ 1992 Law on Languages — Sections 8, 9Template:Lv icon
  7. ^ Жданова Д. ООН встала на защиту «Равноправия», «Час» 10.08.01.Template:Ru icon
  8. ^ Rules of Procedure of the Saeima — see Section 18
  9. ^ Law on status of member of republican city or municipality council — See Section 4Template:Lv icon
  10. ^ ECHR decision in case No. 71557/01Template:Fr icon
  11. ^ ECHR decision in case No. 71074/01Template:Fr icon
  12. ^ Constitutional Court of Latvia judgment in case No. 2001-04-0103
  13. ^ MINELRES: Communication to the UN HRC: minority names spelling in Latvia
  14. ^ a b Electronic Mass Media Law
  15. ^ State programme "Social integration in Latvia"Template:Lv icon - see p. 8
  16. ^ Guidelines of cultural policy 2006-2015 "Nation state"Template:Lv icon
  17. ^ State programme "Social integration in Latvia"Template:Lv icon - see p. 4
  18. ^ Guidelines of the State Language Policy for 2005-2014 — p. 19
  19. ^ "Unity" electoral programme of 2010Template:Lv icon
  20. ^ Dilāns G. Valodas politika — vai 2004. gada reformas dziļākais pamatojums ir objektīvi analizēts?Template:Lv icon
  21. ^ Dilāns G. Valodas plānošanas politika un integrācija Latvijā pēc 1990. gadaTemplate:Lv icon
  22. ^ James Hughes (2005). "Discrimination against the Russophone Minority in Estonia and Latvia". Development & Transition. London School of Economics. Retrieved 27 March 2008.
  23. ^ Пулина, Наталия (16 November 2007). Татьяна Жданок: "Русские могут влиять на политику Латвии". Московские новости (in Russian). Archived from the original on 26 March 2008. Retrieved 29 March 2008.
  24. ^ Roxburgh, Angus (29 March 2005). "Latvian lessons irk Russians". BBC News. Retrieved 29 March 2008.
  25. ^ ForHRUL programme (2006) — see section 7.5.: Russian, Latvian
  26. ^ HC programme project – section "Cultural and language diversity": Russian, Latvian
  27. ^ TB/LNNK electoral programme (2006) Template:Lv icon
  28. ^ Ethnopolitical tension in Latvia: looking for solving the conflict — see p. 39 Template:Lv icon
  29. ^ Constitutional Court of Latvia judgement in case No. 2003-02-0106
  30. ^ Valodu prasmes ietekme uz ekonomiski aktīvo iedzīvotāju dzīves kvalitāti, 2006Template:Lv icon
  31. ^ Noteikumi par tulkojumu nodrošināšanu pasākumosTemplate:Lv icon
  32. ^ Noteikumi par valodu lietošanu informācijāTemplate:Lv icon
  33. ^ Law on Meetings, Processions and Pickets (as adopted in 1997)Template:Lv icon
  34. ^ Riga Dubnov Jewish Secondary school
  35. ^ Riga Ukrainian Secondary SchoolTemplate:Lv iconTemplate:Ru iconTemplate:Uk icon
  36. ^ Puķītis M. Ivans mācās «pa latviski»//"Nedēļa", 06.09.2005. Template:Lv icon
  37. ^ Statistics of Ministry of Education and ScienceTemplate:Lv icon
  38. ^ Minority protection in Latvia Open Society Instutue, 2001, p. 291
  39. ^ Minority protection in Latvia Open Society Instutue, 2001, p. 292
  40. ^ Minority Education in Latvia
  41. ^ Third report on Latvia by ECRI — see Paragraph 54
  42. ^ Education law: edition being in force between 27.02.2004. and 15.09.2005., English and current version, Latvian
  43. ^ Фейгмане Т. Д. Русская школа в Латвии: два века историиTemplate:Ru icon
  44. ^ Constitutional Court of Latvia judgment in case No. 2005-02-0106
  45. ^ Constitutional Court of Latvia judgement in case No. 2004-18-0106
  46. ^ Riga Technical University Department of Foreign Students
  47. ^ 2005 Latvian-Swedish Treaty on Riga Graduate School of Law - See Article 7; there is a version in English under one in Latvian
  48. ^ Citizenship Law
  49. ^ Raisanovsky, Nicholas V. (1993). A History of Russia (5th ed.). New York; Oxford: Oxford University Press. ISBN 0-19-507462-9.
  50. ^ Iskolat decree on the use of Latvian in official administration, 4 January 1918 Template:Lv icon
  51. ^ Decree on use of languages in official documents, 8 March 1919 Template:Lv icon
  52. ^ Saeimas kārtības rullis. "Valdības vēstnesis", 27.03.1923. — 145. pantsTemplate:Lv icon
  53. ^ Saeimas kārtības rullis, "Valdības vēstnesis", 10.04.1929. — 147. pantsTemplate:Lv icon
  54. ^ Excerpts from 1919 Law on educational bodies: Russian, Latvian
  55. ^ 1921 Rules on use of Latgalian idiomTemplate:Lv icon
  56. ^ Фейгмане Т. Д. Русские в довоенной Латвии — Р.: БРИ, 2000. ISBN 9984-606-68-6 — стр. 281—296 Template:Ru icon
  57. ^ Latvijas izlūkdienesti 1919-1940: 664 likteņi, ed. Vija Kaņepe (Riga: LU žurnāla "Latvijas Vēsture" fonds, 2001), ISBN 978-9984-643-29-8, pp. 240–1. Template:Lv icon
  58. ^ demoscope.ru database: population of USSR and its republics (by ethnicity) — 1959, 1989Template:Ru icon
  59. ^ Jēkabsons Ē. Poles in Latvia
  60. ^ Зейле П. Латышская культура и культура в Латвии в 20-30-е годы XX векаTemplate:Ru icon
  61. ^ Latvian SSR Supreme Soviet Decree on the Status of Latvian, 6 October 1988
  62. ^ a b c Central Statistical Bureau Database for 2000 Census, table on mother tongues Template:Lv icon
  63. ^ Entry for Latvian on Ethnologue.com
  64. ^ Nanovfszky, György (ed.) (2000). Nyelvrokonaink (in Hungarian and Russian). Budapest: Teleki László Alapítvány. ISBN 963-00-3424-7. OCLC 45621804. {{cite book}}: |first= has generic name (help)
  65. ^ Ernšreits V. The Liv language today (published between 2005 and 2008)
  66. ^ http://www.thetimes.co.uk/tto/news/world/europe/article3782596.ece?CMP=OTH-gnws-standard-2013_06_05
  67. ^ LR CSP preses izlaidums: 2000. Gada Tautas Skaitīšana Latvijā; 07.11.2000.Template:Lv icon
  68. ^ Latviešu un krievu valodas prasme 2000. g.Template:Lv icon
  69. ^ Dažādu tautu valodu prasmeTemplate:Lv icon
  70. ^ Latvijas iedzīvotāju valodu prasmeTemplate:Lv icon
  71. ^ 1989. gada tautas skaitīšanas rezultāti Latvijā. Итоги переписи населения 1989 года по Латвии — Rīga: LR Valsts statistikas komiteja, 1992 — 89. lpp./стр.Template:Lv iconTemplate:Ru icon
  72. ^ Migranti LatvijāTemplate:Lv icon
  73. ^ OSCE Press Statement (1999). "High Commissioner welcomes State Language Law in Latvia". Organization for Security and Co-operation in Europe. Retrieved 29 March 2008. {{cite web}}: |author= has generic name (help)
  74. ^ Human Rights in Latvia in 2000 LCHRES — p. 40
  75. ^ Report on mission to Latvia (2008), UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance — see Paragraph 89
  76. ^ 2007 Memorandum of CoE Commissioner for Human Rights
  77. ^ CEPA Resolution No. 1527 (2006) — P. 16, 17.11
  78. ^ List of main claims and recommendations of international organizations and NGOs to Latvia as regards rights of national minorities MFA of Russia, 2003
  79. ^ Third report on Latvia by ECRI, 2008 — see Paragraph 126

Further reading

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