‘Half a loaf is better than none’? New national minorities bill.

Up until now, the Lithuanian national minorities’ rights have been regulated partially by special laws (e.g. about education), and government orders. However, national minorities have been waiting for 14 years for the adoption of a unified law on the rights and obligations of minorities. This week, the Ministry of Justice presented a law draft on national minorities for a public debate.

According to the results of the general census of population and housing of the Republic of Lithuania from 2021, 2,810,000 people were living in Lithuania, of which 432,000 were representatives of national minorities, counting 15 percent. The largest national minority is the Polish community, with 183,421 people, accounting for 6.53 percent of Lithuania’s citizens.

The Minister of Justice, Ewelina Dobrowolska, in an interview with LRT.lt, reminds that Lithuania ratified the Framework Convention for the Protection of National Minorities of the Council of Europe in 2000.

– Since that time, international organisations have been consistently pointing out the fact that Lithuania still does not have comprehensive legal frameworks regarding the rights of national minorities. This causes uncertainty regarding the dignity and respect of Lithuanian citizens with a different national identity. First and foremost, this project aims to determine who is a national minority. The draft law stipulates that a national minority constitute citizens of Lithuania who belong to a nationality other than the majority – says Dobrowolska.

She adds that it introduces a clear distinction between regulations regarding national minorities as citizens of the Republic of Lithuania and regulations concerning migrants that are not citizens of that state.

This bill also suggests the definement of the state’s responsibilities regarding the national minorities’ education.

– The bill assumes that the state will take responsibility for providing education with instructions in the languages of national minorities. We are talking about EU languages with the condition of a bilateral agreement, which, de facto, means providing education for the Polish minority in their language. However, when we talk about other minorities, the state decides how to implement their education. The project also includes the obligation to consult with representatives of national minorities in case of any changes to the school network. Such precise determination of the state’s obligation regarding the education of national minorities will also eliminate any current political manipulations in these matters. – explains the minister.

She points out that the project contains an article on existing obligation, according to the recommendations of the Venice Commission, which ‘prohibits conscious and artificial changes to districts that are inhabited by national minorities’.

– This resolution should have a legislative nature rather than just being recommendatory – argues the minister.

However, minority communities also point out some ambiguities in the project, including issues related to the use of national minority languages and the topic of bilingual place names.

Point 5 of the project tells about the usage of national minorities’ language, however the legislator conditions observing regulations and recommendations made by the Commission of the Lithuanian Language.

When asked whether in public spaces where minorities constitute the majority, the minority language will be allowed to be used, Dobrowolska says that one can use national minority languages, but the statute itself does not specify the terms for using minority languages because ‘we have a separate law on the state language’.

– The goal of this project is to have a law that we have been lacking for years – summarises Dobrowolska.

Paralegal counsellor of the chair of the parliament Viktorija Čmilytė-Nielsen, Aleksander Radczenko, notices that in the project, a clear distinction has been drawn between a national minority and a national community.

– Against all appearances, it is very important because Lithuanian nationalists very often use the argument that there are no national minorities in Lithuania, only communities. This would mean that the Framework Convention for the Protection of National Minorities, ratified by Lithuania many years ago, does not bind us. – explains Radczenko

As other advantages the counsellor counts the fact that the project determines precisely who forms the national minorities’ policy, who implements it, and in what way the minority itself contributes to shaping it. He adds that he is also pleased with the catalogue of rights of national minorities presented in the project, which includes, among other things, the right to use national minority languages (verbally and in writing, privately and publicly), the right to education in the minority language, the right to preserve culture and identity, the right to own mass media in native languages, etc.

– It can be said that it is a historical project, because previous Law on National Minorities was adopted back in Soviet times, ceased to be in force in 2010, and since then, discussions have been ongoing in Lithuania about what shape this new statute should take – says Radczenko.

However, he admits that ‘expectations regarding this project, which was being prepared for four years, were much higher’.

– Unfortunately, it does not meet all the expectation of national minorities and is far from ideal – says the counsellor.

He points out that the biggest issue of this project is the catalogue of rights and obligations of the national minorities due to its declarative nature.

– Issues related to the use of national minority languages in names of streets and places, as well as in interactions with public institutions, have not been regulated in any way. Of course, these issues can be addressed in other laws, but the problem is that today no law regulates them. Some problems have been addressed through government resolutions, regulations of the minister, and decisions of local councils. However, as long as these issues are not resolved by law, there will always be the possibility of tightening regulations to the detriment of minorities – admits the lawyer.

The Ministry of Justice invites comments on the bill on national minorities until the 24^th of April.

 Radczenko is convinced that this project will definitely be improved and complemented.

– It is difficult for me to forecast how drastically it will change because one must remember that there are concerns about whether a very pro-minority and significantly more radical project will garner the required number of votes on the floor of the House. It’s no secret that the positions and views of the members of the Parliament regarding national minorities and ensuring them certain rights – for example, linguistic rights – are divided. That’s why it’s understandable why this project presented by the Ministry of Justice looks the way it does. Something is better than nothing, although I believe it should be significantly improved in the Parliament before being enacted. Otherwise, it will be a law that may not be passed, but in reality, it won’t solve the problems that national minorities face every day. – emphasizes the lawyer.

He points out that the responsibility for this project was shouldered by Ewelina Dobrowolska, who fought for national minorities’ rights for years.

– I think that she hasn’t included some things in this project not because she deems them unimportant or unnecessary but because she believes this project wouldn’t even pass the government’s sieve or a first reading in the Parliament in other form. It is a strategic move – informs Radczenko.

Dr Katarzyna Bogdziewicz, a lawyer, emphasizes the significance of creating this project.

– I am glad that this project from the Ministry of Justice saw the light of day. It is what it is. The resolutions included in it are quite important – she says.

She reminds us that currently around 200,000 foreigners, or 8 percent of the total population, reside in Lithuania.

– In such a situation, it is very useful to establish what a national minority is and who establishes it. We must understand that the rights of migrants and the rights of minorities operate on different grounds – points out the lawyer.

Similar to Radczenko, Bogdziewicz thinks that some provisions of the project have a declarative nature and would have to be supplemented with subsequent laws, through other legal acts.

She also adds that the right to education in the language of minorities, mentioned in the project, was reflected in a recent judgment of the European Court of Human Rights.

– Article 6, part II provides that in general formal or non-formal education schools, one can learn in national minority languages. The law refers to bilateral and multilateral agreements within the European Community. We understand that such a provision may worsen the situation for some minorities. – explains Bogdziewicz

She also admits that the project lacks regulations on the usage of street name boards.

– The current term of the Parliament is coming to an end soon. Therefore, it would be rather difficult to find agreement and consensus on this issue. It would require, for example, a precise determination of how compactly this minority should reside there, what percentage it should constitute, and that could become a contentious issue. – says the lawyer.

– This is just a draft, and amendments can be introduced. Let’s hope they improve it rather than worsen it. Personally, I would like to see the inclusion of such provisions as feasible. Although, of course, the most important thing is for this law to be adopted. – admits Bogdziewicz.

She adds that the project could include more rights in shaping policy not only by the Ministry of Culture but also by the Ministry of Justice because ‘it is primarily about human rights, not just cultural issues or integration.’

She also points out that the bill is a good opportunity for parties that represent or claim to represent minority interests.

– Such amendments could be proposed by, for example, representatives of EAPL–CFA. It is a good time for all parties to showcase their views on the role of national minority rights in society.  Let’s remember that national minorities constitute a significant percentage of Lithuania’s citizens, so this project could be a bargaining chip for those political groupings that want to gain support from this part of the electorate. – concludes Bogdziewicz.

After considering the received feedback, the bill on national minorities will be submitted for consideration by the Council of Ministers. If accepted by the government, it will be forwarded to parliament.