New Law on National Minorities. Loophole filled?

Lithuania has a new Law on National Minorities. Its supporters claim that an important legal loophole has finally been filled. Critics, however, argue that the law regulates practically nothing and satisfies no one.

On November 7, the Seimas passed a new Law on National Minorities, replacing the previous one that expired in 2010. Since then, despite several attempts, MPs failed to reach consensus on the issue.

The new act was passed thanks to the votes from the departing ruling coalition of Conservatives, Liberals, and the Freedom Party. Four MPs abstained from voting, including Agnė Širinskienė and Aidas Gedvilas of „Dawn of Nemunas”, conservative Audronius Ažubalis, and independent MP Beata Pietkiewicz. The other parties, including LLRA-KŠS, boycotted the vote.

A breakthrough moment and 14 years of manipulation

Justice Minister Ewelina Dobrowolska, whose ministry prepared the draft, called the adaptation of the act a breakthrough in Lithuania’s history.

”For 14 years, Lithuania did not have a Law on National Minorities. For 14 years, the issue was manipulated and misused in bilateral relations. Today is the day when Lithuania defined that a national minority comprises citizens of the Republic of Lithuania, thus clearly separating national minority policies from migration policies,” – Dobrowolska wrote in her Facebook post.

What everyone emphasizes is that an important part of the new law is the fact that it defines what a national minority is. The act states that „A person belonging to a national minority is a citizen of Lithuania residing in the territory of the Republic of Lithuania, with a distinct identity they wish to preserve, different from the Lithuanian national identity”.

The law also guarantees every member of a national minority the right to free, unrestricted use of their native language – both orally and in writing, privately and publicly. It also guarantees the right for national minorities to run schools, although it only mentions education in European Union languages.

Anti-polonism and hostility towards the Law on National Minorities

Beata Pietkiewicz, an MP representing the Šalčininkai-Vilnius district, acknowledged the need for the law but criticized its limitations.

– Firstly, the act is crucial for the state due to its obligations regarding human and civil rights. On the other hand, however, it does not contain the state’s obligations set out in the European Framework Convention for the Protection of National Minorities, particularly regarding the public use of minority languages. The lack of this provision causes legal challenges for municipalities with Polish minorities, including fines and lawsuits – the politician emphasized.

– Unlike most of the opposition, I took part in the vote. In my opinion, the opposition boycotted the vote not because lack of solutions for Poles in Lithuania, but due to anti-polish sentiments and reluctance towards any law on minorities – the MP explained.

Rita Tamašunienė of LLRA-KŠS, who did not take a part in the vote, expressed a similar opinion. According to her, the Polish minority was waiting for a different act than the one that was passed.

”There is nothing to be happy about. This law is an empty shell. It merely provides a definition,”- the MP stated after the vote.

Definition – good, but solutions – none

Robert Duchniewicz, the mayor of the Vilnius district and vice-chair of the Social Democrats, shared concerns similar to Pietkiewicz’s.

– We have said many times that this project does not fully meet the needs of national minorities. It is good that a definition of a national minority has appeared. We support such an outcome. Unfortunately, apart from the definition itself, we do not see any solutions. By that I mean issues such as place names in the language of these minorities – declared the politician.

„Why not on communities?”

The Liberals’ Movement MPs supported the bill, but even within their ranks, doubts remained. Liberal MP Raimundas Lopata expressed his dissatisfaction.

– I view the opposition’s standpoint as a normal political move. They have a different opinion on the matter, which they expressed in an appropriate manner. The law is certainly not perfect. Personally I voted for the proposal, although I have some reservations about it – emphasized the speaker.

– For me, the fundamental issue is the question of why the enacted legal act is called the Law on National Minorities rather than the Law on National Communities. Our constitution does not include the term ‘national minority,’ but rather ‘national community.’ On the other hand, Lithuania has ratified the Framework Convention for the Protection of National Minorities of the Council of Europe. I listened to the explanations, which, to be honest, did not fully convince me. I believe there is still some conflict on this matter – the politician added.

Comments were not taken into account

According to Robert Duchniewicz, the enacted law lacks important solutions in several areas.

– We also have concerns regarding the education of national minorities. In our opinion, Article 7 of the law allows for the possibility of not funding schools with Russian as the language of instruction, as the legal act mentions only the languages of European Union countries. In the current geopolitical situation, we believe this could lead to an escalation of conflicts based on nationality. We raised this issue, but unfortunately, our proposals and comments were not taken into consideration – explained the vice-chair of the Social Democrats.

Relations with Poland

Before the vote, Lithuanian Foreign Minister Gabrielius Landsbergis called on the Seimas to support the bill. In his opinion, failure to adopt the law could have caused tensions in relations with Warsaw. “The law is being closely followed [in Poland – editor’s note] at all levels. It is evident that this is a relevant issue” – the Foreign Minister stated.

The politician added that the law is not a gesture toward Warsaw, as it is directed at a part of Lithuanian society. “This is our sovereign right. It is our specific commitment to national minorities,” – Landsbergis explained.

The mayor of the Vilnius district does not agree with the Foreign Minister’s approach.

– From our understanding, Poland also does not support the law in the form in which it was adopted. We have received appropriate signals from the embassy and the Polish government. We understand their concerns. Of course, amendments can be made to the law. However, it is possible that the Lithuanian side will respond to the Polish side by saying that nothing needs to be changed because the law has already been adopted. We are concerned that the adoption of the Act on National Minorities will solidify the current state of affairs, which actually resolves little and satisfies few – said Duchniewicz.

New term

Agnė Širinskienė, a member of parliament representing the „Dawn of Nemunas” party, which will form the new ruling coalition, informed journalists that the law will need to be revisited in the future. “It will likely be the responsibility of MPs in the next term to amend the law,” – said the politician.

Meanwhile, Robert Duchniewicz stated that it is currently difficult to say when the necessary amendments will be introduced in parliament.

– It is hard to say at this moment whether it will be possible to make changes to the law during the new term. Everything will depend on the stance of the ruling coalition. At this point, it is difficult to predict – the politician remarked.

Raimundas Lopata also believes that the issue will be revisited in the next parliamentary term.

– The fact that we needed such a law is obvious. One can debate whether and how it should be supplemented. I hope that the next ruling coalition will return to the issue in six months, as promised in the Seimas chamber. Then we will see what proposals are put forward – stated the liberal.

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The first Law on National Minorities was adopted in 1989, when Lithuania was de facto and de jure part of the USSR. The 1989 law was amended in January 1991 and remained in force until 2010. The lack of such a law in the intervening years caused tensions between Vilnius and Warsaw. The new law was supported by 64 members of parliament and will now be sent to the president for signing. If Gitanas Nausėda approves it, the law will come into force on January 1, 2025.