The Constitution trampled in the name of the Constitution: the victim – Polish children

It cannot be excluded that Supreme Administrative Court of Lithuania (SACL) gave in to political pressure of the president Dali Grybauskaitė and in case of this year exam concessions from Lithuanian language for high school graduates of the non-Lithuanian schools decided, it is contrary to the constitutional law of all citizens’ equality.

One week ago president Grybauskaitė, who nominates judges, unambiguously proclaimed, that concessions brought in by the current Education Minister, Dainius Pavalkis, divide society.

— Lithuanian language is already becoming a captive of political agreements of the governing coalition. Controversial Lithuanian language exam is already transforming into other demands dividing the country.

At the same time, beyond the borders of Lithuania, there are Lithuanian schools being closed – said the president during this year exposé declaimed in Parliament on the 11^th of June.  The head of the state also added, that “it should be clearly explained to people, what can be the price of this all”. These words of the president, Polish minority in Lithuania viewed as an attack on the basic rights of national minorities, and, at the same time, an evident signal for the court, what decision it should make in case of the exam concessions.

Yesterday, on the 8^th of June, the same thing ascertained the court in its adjudication. The decision is definitive and isn’t liable to cancellation. Minister Pavalkis declared in turn, that the court’s decision will help to “achieve strategic assumption”, which is – in the minister’s opinion – standardized exam for high school graduates of the Lithuanian and non-Lithuanian schools.

The police court considered the department not to justify well enough, why the concessions were in force for high school graduates from national minorities’ schools. Meanwhile, taking into consideration the fact, that Lithuanian language exam is the only obligatory high school final exam, result of which qualifies to preliminary score systems of all universities, the grant of concessions interferes with constitutional law of all citizens’ equality.

Vice-president of Parliament authorized by Electoral Action of Poles in Lithuania, Jarosław Narkiewicz, considers yesterday court’s decision as one not closing the subject of exam standardization. The court certainly stated, that there have to be equal conditions of teaching Lithuanian language created, which, at today’s juridical adjustment, is impossible – notices Jarosław Narkiewicz.

He adds, that the court’s decision, by which – as he points out – after statements the president, he wasn’t taken aback, allows the governing coalition to discuss, how to assure the equality right also in the educational program, which is highly diversified today.

Vice-president Narkiewicz emphasizes also the fact, that Administrative Court gives adjudication in constitutional case, which is an exclusive prerogative of the Constitutional Court.

– It is at least a strange situation – says to us vice-president Narkiewicz.

In his opinion, an important achievement is the fact, that in court it was success to defend this year procedure of laying down exams, since yesterday decision isn’t effective for this year polish high school graduates.

Poles defend themselves, proving that introduced concessions were ought to soothe discrimination of polish high school graduates, which brings the standardization of Lithuanian language exam.

One week ago, during the trial, representatives of Education Department just explained, that introduction of exam standardization discriminate against high school graduates from non-Lithuanian schools, who, this far, have been learning by the program for national minorities’ schools. Meanwhile, curricular difference to Latvian schools amount over 800 class periods. Simple arithmetic calculation shows, that to make up for this program differences, present-day high school graduates would have to, during past two years – since it had been decided to standardize the exam –  learn Lithuanian language in schools additionally three hours a day.

Previous minister of education, Gintaras Steponavičius, who had introduced the standardization, understood his own mistake, so he introduced separated decree with exam concessions for high school graduates from non-Lithuanian schools. They can also make more mistakes. His successor, Dainius Pavalkis went even further and introduced next concessions this year. High school graduates from non-Lithuanian schools were ought to write an essay containing less words than an essay of Lithuanian schools’ graduates: in a state exam it should number from 400 to 500 words, whereas in a school exam it’s 250 to 350 words.

However, these concessions were sued by the ex-minister Steponavičius and former head of parliamentary committee on education, deputy Valentinas Stundys. Their motion was seconded by some other deputies of centre-right opposition.

Meanwhile, the association of Teachers of Polish Schools in Lithuania “Alma Mater” earlier,  more than once, has stressed that the principle of standardization cannot be followed in non-Lithuanian schools, because , in contrast to Lithuanian ones, for students of these schools, Lithuanian language will always be a learned, not a native language.

Source: http://kurierwilenski.lt/2013/06/18/zdeptano-konstytucje-w-imie-konstytucji-ofiara-polskie-dzieci/

Tłumaczenie by Zuzanna Horbacz w ramach praktyk w Europejskiej Fundacji Praw Człowieka, www.efhr.eu. Translated by Zuzanna Horbacz within the framework of a traineeship programme of the European Foundation of Human Rights, www.efhr.eu.