Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Discrimination on the basis of national extraction. For a number of years the Committee has expressed concern over certain provisions of the State Language Act, 1999, which might have a discriminatory effect on the employment or work of minority groups, including the large Russian-speaking minority in the country. The Committee notes from the Government’s report that the two state agencies dealing with language were merged to form the new Latvian Language Agency (LLA) which has as its main objective to promote the strengthening of the status and sustainable development of the Latvian language. The Government indicates that the official language policy defined in the Guidelines for Official Language Policy for the Time Period 2005–14 and the Official Language Policy Programme for the Time Period 2006–10 are implemented by the LLA. The Committee notes the conclusions of the LLA study entitled “Impact of migration on the language environment in Latvia” (2009) indicating the difficulties faced by immigrants, in particular in integrating in the labour market. The Committee furthermore notes from the information provided by the Government concerning the application of the State Language Act that the provision regarding failure to use the official language to the extent required for the performance of duties is the most predominant issue related to that Law before the courts. While noting the participation of minority groups including Russian-speaking minority groups in language training courses conducted by the State Employment Agency, the Committee asks the Government to provide more detailed information on the situation of minority groups in the labour market, including statistical data on the proportion of those attending such courses that have subsequently obtained employment. The Committee also asks the Government to continue to provide information on activities undertaken by the LLA, and the results achieved to improve access to employment and occupation for all ethnic and linguistic minority groups. Please also continue to provide information on the percentage of men and women belonging to minority groups that have participated in the language training courses, as well as information on relevant administrative and judicial decisions concerning the application of the State Language Act.

Discrimination on the basis of political opinion. The Committee recalls its previous comments regarding the provisions of the State Civil Service Act, 2000, which sets out as mandatory requirements in order to qualify as a candidate for any civil service position that the person concerned “is not or has not been in a permanent staff position in the state security service, intelligence or counter-intelligence service of the USSR, the Latvian Soviet Socialist Republic (SSR) or some foreign State” (section 7(8)), or “who are not or have not been the members of organizations banned by laws or court rulings” (section 7(9)). The Committee notes the Government’s indication that the Supreme Court has not dealt with these provisions, but that it has upheld similar provisions, in particular section 5(3) of the Law on Corruption Prevention and Combating Bureau of 2002. The Committee, however, considers that such broad exclusions from being a candidate for any civil service position are not sufficiently well defined and delimited, and could result in discrimination in employment and occupation based on political opinion. The Committee asks the Government to revise section 7 of the State Civil Service Act to ensure that any requirements for positions in the public service are based on the inherent requirements of the particular job, as strictly defined. The Committee once again asks the Government to provide a list of the prohibited organizations under section 7(9) of the State Civil Service Act.

The Committee is raising other points in a request addressed directly to the Government.