Who Are the Poles in The New Law of National Minorities? The Principles of the Law Adopted by the Lithuanian Seimas

On November 7, the Lithuanian Seimas passed the Law on National Minorities. It is now awaiting the president’s signature, if signed, it will come into effect on January 1, 2025. The law has sparked controversy—some believed it is unnecessary, and some ministers criticized its superficiality. Supporters, however, emphasized that Lithuania has not had any Law on National Minorities for 15 years, making it urgently necessary, even if in a “compromise” format. Below, we examine the key principles of the law.

Who Are the Poles in Lithuania According to the New Law on National Minorities?

The new law introduces the definition of a national minority. According to the legal definition—which will take effect if signed by the president—a national minority is a group of individuals composed of Lithuanian citizens who have long-standing, strong, and enduring ties to the Republic of Lithuania. It is also specified that the population of a national minority is smaller than that of Lithuanian nationals residing in the Republic of Lithuania.

This definition distinguishes Poles in Lithuania from immigrant residents from Belarus, Ukraine, or Asia, as Poles in Lithuania are citizens of the Republic of Lithuania and have ties to the country. The law also includes provisions that might apply to citizens of Russian nationality, who are the second-largest minority group in the country, right after the Poles.

“Principles of the Protection of Rights and Freedom”

The law outlines four principles for the protection of the rights and freedoms of national minority representatives. These principles are as follows:

1. The Principle of Indivisibility of Rights — cultural, civil, political, social, and economic rights granted to individuals belonging to national minorities will be equally respected, regarded as significant, and closely interconnected;
2. The Principle of Promoting Cultural Diversity — respect for the cultural and linguistic identity of national minorities should be ensured by promoting intercultural cooperation and allowing each individual belonging to a national minority to preserve and develop their national identity;
3. The Principle of Debate and Cooperation — when adopting or amending legislation or making decisions related to the rights of national minorities, consultations should be held with organizations representing national minorities, non-governmental organizations, or other entities working on the implementation of the rights of national minorities, as well as assessing legal regulations and their compliance with international treaties.
4. The Principle of Equal Opportunities — individuals belonging to national minorities, regardless of gender, race, nationality, citizenship, language, origin, or status, should have equal opportunities.

“A minority cannot be discriminated against based on its choice”

The law also introduces other rights. For example, the right to freely choose national identity, guaranteeing that individuals declaring membership in national minorities will not be discriminated against.

It also provides for the protection of the culture, language, and traditions of these communities, with the state offering financial support for projects aimed at preserving their heritage.

The new law states that “every person belonging to a national minority has the right to freely choose whether they wish to be treated as a member of that minority and cannot be discriminated against based on such a choice or for exercising the rights associated with that choice.”

“No one can be forced”

The law also provides that no one can be forced to prove their affiliation with a national minority, nor can they be forced to renounce their nationality.

Additionally, the law refers to “historical national minorities.” This term includes all minorities that do not have a historical homeland with which they can currently identify. This category will include the Romanies, whose representatives were present during the vote. Later in the law, it ensures the right to preserve the culture, traditions, and language of historical national minorities and guarantees protection from state and local government institutions within the framework of the budget law.

National Minority Media in Lithuania

The adopted draft of the Law on National Minorities states that representatives of these minorities have the right to create and use mass media in their minority language. Importantly for Poles in Lithuania, the law also includes a provision that the state will support cultural and educational projects as well as the activities of producers and/or distributors of public information in the language of national minorities.

At the beginning of 2024, most of the funds from the Media Support Fund were allocated to Russian-language media.

The Council of National Minorities is intended to represent interests before institutions

The law provides for the establishment of a Council of National Minorities under the relevant Lithuanian Government body responsible for national minorities, which is currently the Department of National Minorities. Currently, the Council of National Communities operates within the department. As the new director of the department previously informed Kurier Wileński, this council currently functions based on a regulation. Now, it will be guaranteed by law.

The Council of National Minorities in Lithuania is a collegial advisory body that represents the interests of national minorities before state and local government institutions.

Its tasks include advising government bodies on issues related to the preservation of cultural identity and the development of national minorities, as well as participating in the work of commissions and working groups focused on the implementation of these communities’ rights.

The Council analyses legislative proposals, monitors the implementation of international commitments, and makes recommendations regarding support programs for organizations working on behalf of minorities.

The composition of the Council is approved by the authorized body, ensuring a balanced representation of national minorities. The number of council members has to be proportional to the size of each national minority. Based on this principle, Poles will have the most representatives, as they are the largest national minority in Lithuania.

Russians in Lithuania are also a minority — but there is a safety mechanism in place

Russians holding Lithuanian citizenship also fall into the category of national minorities. However, the law includes a safeguard. The approved draft specifies that the state will cooperate with other countries on minority issues, except those recognized as terrorists or supporting terrorism. According to earlier EU resolutions from 2023, such a country includes the Russian Federation.

The law has been adopted — what happens next?

Although the law was adopted by a majority vote — it previously failed due to a lack of quorum — its future now rests in the hands of the President of Lithuania, Gitanas Nausėda. If he signs the law, it will come into effect on January 1, 2025.