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Using indicators in Latvia: active citizenship policy

Dace Akule, policy researcher, Centre for Public Policy PROVIDUS

Third country nationals in Latvia

• Non-citizens - legal status created as a transitional measure for permanent non-Latvian residents who lost the citizenship of Soviet Union in 1991 when Latvia regained its independence and decided not to grant automatic citizenship to all its permanent residents. According to Office of Citizenship and Migration Affairs, there are approximately 312,000 non-citizens in Latvia in 2012 (approximately 14% of population),

• Persons with a nationality of a third country: 2-3% of population (largest group 1.4% Russian citizens).

Naturalization

• 98% of naturalization candidates are Latvia’s non-citizens (source: Krūma K. Integration and naturalization tests: the new way to European Citizenship. Country Report Latvia”, 2010, Centre for Migration Law, Radboud University Nihmegen).

• Since 1995 when naturalization started, 139 300 persons have acquired Latvian citizenship, including 2467 persons in 2011, and 1627 persons in the eight months of 2012,• In 1996 the number of non-citizens was 27%, in 2012 – 14%,• Further decrease in the percentage of non-citizens among Latvia’s population is one of the objectives of integration policy (“National identity, civil society and integration policy guidelines 2012-2018” adopted in the government in October 2011):

– the percentage of non-citizens among Latvian population should reach 9.8% in 2018,

– the number of naturalized persons per year should increase from 2330 in 2010, to 5500 in 2018.

Source: Office of Citizenship and Migration Affairs www.pmlp.gov.lv

• Non-citizens status was created although during the independence movement Latvia’s People’s Front had promised automatic citizenship (legally without a right to do so). • Not enough explanation why the decision was changed (in line with the principle of continuity of Latvia’s state), for several years (1991-1995) approximately 700 000 people were unsure about their status and future in the country, because the law on non-citizens was adopted in 1995, and non-citizens’ passports were issued as of 1997.

Source: Office of Citizenship and Migration Affairs www.pmlp.gov.lv

• Heated discussions on their rights and the speed that they should be allowed to naturalize - instead of quotas, regulation first (1995-1998) provided the so-called “windows” when persons of specific age groups would be allowed to naturalize, ensuring that not too many of them acquire citizenship quickly. • This order was cancelled in 1998 in a referendum, also leading to granting of citizenship to newly born children of non-citizens. This is visible in naturalization statistics in 1999 and 2000.

Source: Office of Citizenship and Migration Affairs www.pmlp.gov.lv

• Increase in naturalization also the first years of Latvia’s EU membership – rights and opportunities of EU citizens, including free movement of labor, • In 2007-2008 visa free regime for non-citizens with all EU countries decreased motivation for naturalization, in addition to visa free regime for non-citizens to travel to Russia (in place since 2008),• Russian citizens have lower retirement age than in Latvia (non-citizens becoming Russian citizens).

Reasons to acquire citizenship

Political participation opportunities on all levels are available only to citizens, as third country nationals do not have rights to vote or run for election in municipality elections.

OCMA survey in 2011 involving 750 naturalization candidates shows that the most significant motivating factors were: • life in Latvia (93% respondents agreed this was a significant factor) and a sense of belonging to Latvia (87%)• becoming EU citizens (85%),• benefits to their children (71%), • opportunities to participate in national elections - 71% of non-citizens said that voting rights were a very important or rather important motivator to acquire citizenship,• better opportunities in national labor market (74%) and EU labor market (41%).

Reasons to not acquire citizenship

OCMA survey in 2011 involving 1500 non-citizens shows that: • 25% of respondents think that Latvian citizenship should be granted to them automatically, • 17% expect easements of naturalization procedure,• 13.5% said it was easier to travel to the countries of Commonwealth of Independent States, e.g. Russia with non-citizens’ passport,• 8% are content with the status of non-citizens, • 1.7% did not want to naturalize, • 35% plan to naturalize in the nearest future, • 25% have the intention to become Latvian citizens.

Citizenship law amendments

Law unchanged since 1998, amendments in final reading (plan to enter into force in January 2013)

Limited dual citizenship: • EU, European Free Trade Area and NATO countries, • countries having signed an agreement with Latvia on recognizing dual citizenship, • if dual citizenship is a result of adoption or marriage, • a special permission is given by the government of Latvia.

Dual citizenship

The requirement to renounce citizenship to acquire citizenship has been acknowledged as a problem for third country nationals in Latvia - hiders integration and person’s ability “to make a positive contribution to the society” (source: Immigrants in Latvia: Possibilities and Conditions of Inclusion, Baltic Institute of Social Studies, 2009).

New dual citizenship regulation will not cover citizens of Russia, Ukraine or Belarus (top countries that immigrants come from). Alternatives: • Opposition Harmony Centre suggests allowing dual citizenship with member states of the Council of Europe, • Latvian government could include signing special agreements on dual citizenship with these countries among its priorities for immigrant integration policy.

Non-citizens’ children

• In order to register Latvian citizenship of an infant child born to Latvian non-citizens, a request of only one parent would be necessary (at the moment, a request by both parents is required). • The agreement to register the infant child for Latvian citizenship will take place at the same time when the fact of birth is registered (this was not specified in the current law), or until the child has reached the age of 15. • In the age of 15-18 the person can apply by him/herself, after proving Latvian language knowledge.• After the age of 18 the normal naturalization procedure applies.

Non-citizens’ children

• Discussions are continuing on the requirement that the parent would have to confirm his/her commitment to help the child learn Latvian and develop respect for Latvia, when registering the child for Latvian citizenship. A very similar request is already included in the Citizenship law, but Latvian Minister of Foreign Affairs suggests erasing this point in the final reading.

• Provisions regarding the citizenship of infants born to Latvia’s non-citizens are a major improvement to avoid the long-term democratic exclusion of these children. However, this provision will not have an effect on the Latvian-born children of people who immigrated to Latvia after it regained independence in 1991.

Subtraction of citizenship

• In the third reading coalition party Nationalistic alliance has proposed adding another reason why a citizenship may be subtracted – if a person “knowingly and significantly violates the promise to be faithful to the Republic of Latvia that he/ she made when becoming a Latvian citizen”.

• In addition, Nationalistic alliance suggests tripling the ‘trial period’ for citizens, increasing the time when a state can ‘take away’ citizenship after a person becomes Latvian citizen from 10 years to 30 years.

Naturalization procedure

In the third reading one parliamentarian proposes to double the residence time requirement for naturalization candidates – the person would have to live in Latvia on a permanent residence permit at least 10 years (instead of the 5 years requirement currently in place) to be an eligible candidate for citizenship.

The current requirement of 5 years of permanent residence in practice already means at least 10 years of residence in the country before a person is eligible to naturalize (because the person needs to live in Latvia for at least 5 years to be eligible for a permanent residence permit, and then needs to wait another 5 years to qualify for naturalization).

High school graduates

Latvia’s citizenship regulation would become more favorable for immigration integration with regard to the eligibility for first generation immigrants and their Latvian-born children, if the parliament would support the proposal of Harmony Centre to grant the right of citizenship to high school graduates: • persons with permanent residence in Latvia, • without the citizenship of another country, • if he/ she has after May 1990 acquired a diploma of primary or secondary school (after no less than 8 years of studies).

Tax debts, ceremonies

Discussions in the parliament on tax debts as additional criteria for naturalization candidates: • the size of grey economy is estimated approximately 30%, avoiding to pay taxes on all income is still considered smart (tricking the state), low trust in social policy provisions (pensions for future generations) so individual strategies are chosen. • in this context, why is tax paying a criterion only for naturalization applicants? Are there data that people without Latvian citizenship are more likely to avoid paying taxes?

Public consultation on citizenship ceremonies until January 2013.

Inclusive policy discourse?

• Even when you’re a citizen, can you be trusted?

• Suspicion because: – “they” vote for “their” parties (close ties with Russia),– “they” vote in favor of Russian as second state language (February

2012),– “they” suggest granting automatic citizenship to all non-citizens (2012,

referendum was halted), – “they” do not understand “core values” of Latvian constitution.

PROVIDUS research “Shrinking citizenship” on parliamentary and media debates in Latvia, analyses the discourses of Latvian politicians and the media about nation, citizenship, cultural diversity, history and the nation-state.

Other indicators

To measure the results of national integration policy linked to active citizenship from “National identity, civil society and integration policy guidelines 2012-2018”:

Current data Goal for 2018

Sense of belonging to Latvia and Europe among pupils of bilingual and Latvian schools

30% for Latvia50% for Europe

75% for Latvia70% for Europe

Sense of belonging to Latvia among Latvians and Russians

70% among Latvians44% among Russians

80% among Latvians55% among Russians

Percentage of Latvian inhabitants who agree that they can influence decision-making

15% 21%

The average number of NGOs per 1000 inhabitants 6 9

Youth participation in voluntary activities 12% 35%

Participation in voluntary activities among the general public

10% 15%

Other indicators

Current data Goal for 2018

Participation of ethnic minorities in public administration

24% 26%

Number of active NGOs representing the interests of third country nationals

15 22

Percentage of ethnic minorities celebrating the anniversary of Latvia’s proclamation

46% 66%

People who have in the last 3 years donated clothes, equipment, food etc to charities

17% 20%

Participation in demonstrations and strikes No data available No concrete goals set

To measure the results of national integration policy linked to active citizenship from “National identity, civil society and integration policy guidelines 2012-2018”:

Other indicators

“Handbook on methodology for evaluating integration policy of third country nationals”, Baltic Institute of Social Sciences, 2011

Rights of third country nationals to:• vote and run for election in municipal elections, • establish a political party and be a member of a political party,• establish a non-governmental organization and be a member of an NGO, • organize and participate in meetings, gatherings, demonstrations and strikes,

Policy:• Third country nationals are informed about their political and civic participation opportunities on national and municipal level,• State funding for NGOs representing third country nationals at a national and local level.

Other indicators

“Handbook on methodology for evaluating integration policy of third country nationals”, Baltic Institute of Social Sciences, 2011

• Existence of consultative mechanisms on integration:• with the participation of third country nationals on national level and municipal level,• third country nationals are appointed by state/ municipality institutions or their own organizations, • councils involve third country nationals’ representatives or experts working with third country nationals integration,• consultation takes place on a regular basis, ad hoc basis,

Consultative body

A consultative body at a national level on immigrant integration is to be established in 2012. 95% of our recommendations taken on board (from PROVIDUS research “Consultative bodies and dialogue platforms for immigrant communities: lessons from three EU countries” in 2012): • open call for NGOs (not individual CVs but organizations’ experience) to be evaluated by clear criteria (e.g. active for at least 2 years; cooperation experience with other NGOs to establish and maintain feedback mechanism), • NGOs of 4 types: non-citizens, recently-arrived migrants, asylum seekers and refugees, and organizations with expertise on immigrant integration, • the number of NGO representatives should match the number of representatives from state and municipality institutions,• the inclusion of social partners,• council’s role in planning and evaluating integration programs (e.g. multi-annual and annual integration fund programs), legislation, policy documents.

Additional indicators and policies?

Participation in NGOs: • Data on third country nationals/ naturalized migrants among NGOs members, staff, board could be acquired via NGO surveys or administrative data (if NGOs report on this in annual reports on their activities), • Problem with data of informal participation (volunteering, taking part in events, not being a member).

PROVIDUS study “Political participation of third country nationals in Latvia, Estonia and Poland”, 2011.

Active citizenship and participation policies – initiatives for legislation or agenda setting, local level referenda (European Citizens’ initiatives, similar on national level in Latvia) are open only to citizens.