Embed Size (px)
Citation preview
POLICY REPORT ON MIGRATION AND
ASYLUM IN LATVIA: REFERENCE YEAR 2011
Riga, April 2012
2
In accordance with Council Decision 2008/381/EC of 14 May 2008, the European Migration Network has been established; the objective of the European Migration Network shall be to meet the information needs of Community institutions and of Member States’ authorities and institutions by providing up-to-date, objective, reliable, and comparable information on migration and asylum, with a view to supporting policymaking in the European Union in these areas. The European Migration Network shall also serve to provide the general public with information on these subjects.
The network consists of the European Commission and national contact points designated by the Member States. Each contact point develops national migration network.
Every national contact point is required to provide an annual report describing the migration and asylum situation in the Member State including policy developments and statistical data.
The Office of Citizenship and Migration Affairs is Latvian Contact Point of the European Migration Network.
Developed by: Kristīne Bērziņa, Expert of the Latvian Contact Point of the European Migration Network Linda Krūmiņa, Expert of the Latvian Contact Point of the European Migration Network Reviewed by: Jānis Citskovskis, Deputy Head of the Office of Citizenship and Migration Affairs Ilze Briede, Head of the Migration Division of the Office of Citizenship and Migration Affairs Sanda Kundrāte, Head of the Persons Status Control Division of the Office of Citizenship and Migration Affairs Lāsma Stabiņa, Senior Expert of the Policy Implementation Division of the Sectoral Policy Department of the Ministry of the Interior Līga Vijupe, Head of the Asylum Affairs Division of the Office of Citizenship and Migration Affairs
Contact: Čiekurkalna 1. line 1, B-3, Riga, Latvia, LV-1026 Phone: +00371 67219492 Fax: +00371 67219431 E-mail: [email protected]: www.emn.lv
3
TABLE OF CONTENTS
ANNOTATION ............................................................................................................4
1. INTRODUCTION....................................................................................................6 1.1. Methodology .......................................................................................................6 1.2. Terms and definitions..........................................................................................7
2. POLITICAL AND LEGAL FRAMEWORK........................................................8 2.1. General structure of the political system and institutional context .....................8 2.2. General structure of the legal system ..................................................................8
3. POLITICAL, LEGAL AND INSTITUTIONAL DEVELOPMENTS..............10 3.1. Main political changes ......................................................................................10 3.2. Main policy and legislative improvement debates............................................14 3.3. Main institutional developments .......................................................................17
4. LEGAL IMMIGRATION AND INTEGRATION .............................................19 4.1. Economic migration ..........................................................................................19
4.1.1. Changes within the national perspective ....................................................19 4.1.2. Changes from the EU perspective ..............................................................24
4.2. Family reunification ..........................................................................................26 4.3. Integration .........................................................................................................27 4.4. Citizenship and naturalisation ...........................................................................29
5. ILLEGAL IMMIGRATION AND RETURN .....................................................32 5.1. Illegal immigration............................................................................................32 5.2. Return ................................................................................................................35 5.3. Actions against human trafficking ....................................................................39
6. BORDER CONTROL ...........................................................................................42 6.1. Control and surveillance at external borders.....................................................42 6.2. Cooperation in border control ...........................................................................44
7. INTERNATIONAL PROTECTION AND ASYLUM .......................................48
8. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS ....51
9. GLOBAL APPROACH TO MIGRATION ........................................................53
10. IMPLEMENTATION OF THE EU LEGISLATION......................................54
11. LIST OF USED LITERATURE AND SOURCES ...............................................57
4
ANNOTATION
The policy report is provides an overview of the migration and asylum issues in Latvia from 1 January till 31 December 2011. Tasks of the report – to present amendments to the national laws, public administration practice, political and public debates on migration and asylum issues, to include information on the implementation of the European Pact on Immigration and Asylum, and the Stockholm Programme in Latvia, and to analyse the impact of EU migration and asylum policy on the migration and asylum policy of Latvia.
Key political events in Latvia are related to the operation of the Saeima, the President, the parties, and the government. Following an announcement by the President Valdis Zatlers and the subsequent referendum, the 10th Saeima was dissolved; this is the first time in Latvian history, when the President made use of the right to initiate dissolution of the Saeima. On 2 June 2011 the presidential election was held, where Andris Bērziņš, a member of the party “Zaļo un Zemnieku savienība” (Union of Greens and Farmers) and deputy of the 10th Saeima, was elected.
On 17 September 2011 extraordinary 11th parliamentary elections were held, which resulted in the change of the main political forces. The new government, which was approved by the Saeima on 25 October, consisted of the following parties: “Zatlera Reformu partija” (Zatlers’ Reform Party), “Nacionālā apvienība” (National Alliance), and “Vienotība” (Unity). Rihards Kozlovskis, a member of the “Zatlera Reformu Partija”, became the Minister of Interior, who has announced prevention of illegal migration as one of his main priorities.
Broad discussions – both within the society and on the political stage – took place on naturalisation, as well as the language policy, and economic migration issues.
Changes in the allocation of responsibilities of various authorities shall also be noted as an event, which happened during the review period: the Ministry of Culture was allocated the function of integration, and a new function was allocated to the Ombudsman, while the functions of the State Border Guard and the Office of Citizenship and Migration Affairs were extended.
Legal migration During 2011 the number of first
residence permits continues to grow – 3777, comparing to 2010, when the number reached 2329 permits.
During 2011 several amendments to the laws as regards the simplification of travel and residence of third-country nationals in Latvia for the purposes of employment were also introduced. Changes have affected the field of economic migration, by setting higher levels for investment amounts in the Immigration Law based on which legal right to reside in the territory of Latvia may be acquired. Also requirements of the Blue Card Directive have been transposed into the Latvian laws.
By transposing the Directive 2004/39/EC, amendments to the respective national laws were made; i.e., the definition of the family member of a Union citizen was extended.
On 20 October 2011 the Integration Policy Guidelines 2012 –2018 (elaborated by the Ministry of Culture) entered into force defining the policy on the strengthening of the
5
national identity, development of the civic society, and integration.
Amendments to national laws on the citizenship and naturalisation issues were also introduced – the procedure on registering children born in Latvia to non-citizens as citizens of Latvia was simplified; some categories of non-citizens were exempt from the national language tests as part of the naturalisation exams.
Illegal migration, return and border control
On the state border entry into Latvia was refused in 1230 cases during 2011; the number is 51% higher than in 2010. Most often the entry was refused due to invalid travel documents, visas or residence permits, or due to forged visa or residence permit. Whereas the total number of irregular migrants, who were detained within the state, is relatively small. The number of detained persons has decreased since 2005 – from 307 persons, who were detained in 2005, to 195 persons in 2010, and 130 persons in 2011. The largest countries of origin of irregular migrants are still Russia, Ukraine, and Belarus.
By combating the illegal migration, in 2011 Latvia has continued developing the inter-institutional cooperation and cooperation with third countries, and has introduced a number of amendments to the national laws.
By transposing the Employers Sanctions Directive, administrative and criminal responsibility for illegal employment of immigrants has been set.
By transposing the Return Directive, the voluntary return principle has been secured, the procedures of the detention and return
of foreigners has been specified, and minor technical amendments have been made.
In order to decrease the risks of human trafficking, an Action Plan has been elaborated and a Working Group has been established; a draft law on the prevention of marriage of convenience which are entered into by force has been elaborated by providing for criminal responsibility for individuals, who maliciously provided legal residence to persons not only in Latvia, but also in other EU, EEA countries, or in the Swiss Confederation.
In 2011 facilitations for local border traffic in the border area with Russia and Belarus have been introduced, several modern technologies have been purchased by fulfilling the functional requirements as regards the introduction of biometrics, amendments to the national laws have been introduced by continuing adoption of the Visa Code requirements. Since 11 October 2011 the first Visa Information System roll-out was launched, where the Embassy of Latvia in Egypt takes part.
International protection In 2011 the number of asylum
seekers has significantly increased (from 65 persons in 2010 to 350 persons), which is mainly due to the re-routing of asylum seekers within the EU. In order to improve the functionality of the existing asylum system, a Working Group has been established for elaborating a Measures’ Plan, which shall serve for communicated action of authorities in case of mass arrival of asylum seekers, as well as several studies and training courses on the asylum issues have been held.
1. INTRODUCTION
1.1. Methodology
The report has been elaborated according to the specification by the European
Commission, which was approved by the national contact points of the European
Migration Network (EMN).
The overview results of the national contact points of the EMN involved in the
development of the report will be collated in a synthesis report, comparing the
experience of Member States and policy trends on migration and asylum issues in the
EU. The synthesis report shall be used in the annual European Council debates to be
held mid-2012.
The annual policy report 2011 on migration and asylum issues in Latvia
provides an overview of the migration and asylum policy, development and
amendments to the national laws, based on the implementation of the European Pact
on Immigration and Asylum and the Stockholm Programme.
The specification of the policy report provides that the development of the
migration and asylum issues shall be described separately from the view of the EU
policy and the national policy perspective. It shall be noted that the migration and
asylum policy in Latvia is mainly based on the common EU migration and asylum
policy and only some issues are subject to a national approach, thus the policy of
Latvia may not always be described from different perspectives.
The Annual Report 2011 is the sixth policy overview prepared by the Latvian
Contact Point of the EMN. Previous policy reports (2006 – 2010) are available for
download from the website of the Latvian Contact Point of the EMN www.emn.lv.
Relevant data about various migration and asylum aspects were retrieved from
the Ministry of Interior, the Ministry of Foreign Affairs, the Ministry of Justice, the
Ministry of Welfare, the State Border Guard, the Court Administration, the State
Police, and the Office of Citizenship and Migration Affairs, as well as from the
websites of the aforementioned authorities.
In order to represent the opinion of the society and address discussions on the
political stage, articles, opinions, and statements published on various news and social
websites, as well as information available on the websites of other governmental
authorities were used. All items of literature and sources that have been used for the
development of the study are included in the list of used literature and sources.
7
When preparing the report, no special criteria were used to verify the
significance of articles, publications, opinions, and debates.
The present document includes statistical data collated by national data
providers and the EU Statistical Office Eurostat. The data is verified with migration
and asylum experts.
1.2. Terms and definitions
All and any terms included in the present document are in line with the definitions
from the EU and EMN Asylum and Migration Glossary1. Individual terms, which are
used regarding the national laws, are provided with separate explanations.
1 Available on www.emn.lv
8
2. POLITICAL AND LEGAL FRAMEWORK
2.1. General structure of the political system and institutional context
There are no significant changes in the political structure of Latvia since 2006.
Still, the Ministry of Interior is the main state administration authority in the field of
internal affairs, which also develops and implements the policy in the field of
migration. Besides the Ministry of Interior, also the Ministry of Foreign Affairs, the
Ministry of Welfare, the Ministry of Economics, the Ministry of Health, the Ministry
of Education and Science, the Ministry of Justice, the Ministry of Culture, the
Ombudsman, as well as state security institutions and local governments are dealing
with migration and asylum issues. The aforementioned state administration authorities
cooperate with each other within their competence to implement principles of good
governance.
2.2. General structure of the legal system
In 2011 the legal system in the field of migration and asylum has not
substantially changed. The Immigration Law2 and its subordinate regulations of the
Cabinet of Ministers still define the procedure of entry, residence, transit, exit, and
detention of foreigners, as well as the procedures by which foreigners are kept under
temporary custody in the Republic of Latvia and returned from it in order to ensure
the implementation of migration policy conforming with the norms of international
law and the state interests of Latvia. The Asylum Law3 and its subordinate regulations
of the Cabinet of Ministers ensure the rights of persons in the Republic of Latvia to
receive asylum, acquire refugee or alternative status, or receive temporary protection
in accordance with generally accepted international principles of human rights.
The Law “On the Status of a Long-term Resident of the European Union in
the Republic of Latvia”4 determines the procedures for granting and withdrawing of
the status of a long-term resident of the European Union in the Republic of Latvia
according to Council Directive 2003/109/EC5 of 25 November 2003. Technical
2 Published: The Messenger, No. 169, 20.11.2002 – [enters into force from 01.05.2003] 3 Published: The Latvian Herald, No. 100, 30.06.2009 – [enters into force from 14.07.2009] 4 Published: The Latvian Herald, No. 107, 07.07.2006 – [enters into force from 21.07.2006] 5 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents. – Official Journal, L 016, 23.01.2004
9
amendments6 were introduced to the law in 2011 in order to harmonise the
terminology of the law with the requirements of the Treaty of Lisbon7.
The procedures for the entry and residence in the Republic of Latvia of
citizens of the Union and their family members, as well as the restrictions on
residence of such persons, are stipulated by the Cabinet of Ministers Regulations
No. 6758 of 30 August 2011.
6 Law “Amendments to the law “On the Status of a Long-term Resident of the European Community in the Republic of Latvia””. – The Latvian Herald, No. 117, 28.07.2011 – [enters into force from 11.08.2011] 7 Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on 13 December 2007. – Official Journal, C 306, 17.12.2007 8 Cabinet of Ministers Regulations of 30 August 2011 No. 675 “Procedures for the Entry and Residence in the Republic of Latvia of Citizens of the Union and their Family Members”. – Latvian Herald, No. 141, 07.09.2011 – [enters into force from 08.09.2011]
10
3. POLITICAL, LEGAL AND INSTITUTIONAL DEVELOPMENTS
3.1. Main political changes
Year 2011 was significant due to several political events – the dissolution of
the Saeima, the presidential elections, the elections of a new Saeima, the foundation
of new political parties and alliances thereof, the liquidation of existing parties, and
the formation of a new government.
One of the key events in 2011 was the dissolution of the Saeima, which was
elected only in 2010; the dissolution of the Saeima was initiated by the President of
that time Valdis Zatlers on 28 May 20119. The President justified the dissolution of
the Saeima with a serious conflict between the legislative and judicial power in
Latvia, and because of the arbitrariness of minor groups of persons.10
The decree of the President aroused extensive discussions in the society. It
was the first time in the history of Latvia, when a president had made use of the right
to dissolute the Saeima. The rule of law of the decree was also doubted – the
President had issued the order only a few days prior to the planned presidential
elections.
The presidential elections were held on the 2 June 2011. Valdis Zatlers was
not re-elected by the Saeima; thus, becoming the first president who has not been re-
elected after Latvia regaining its independence. After having scored majority of votes
in the second round, Andris Bērziņš, deputy of the 10th Saeima and the representative
of political party “Zaļo un Zemnieku savienība”, was elected; he took over the
presidency from 8 July 2011. The elections are deemed to be an unprecedented event
in the history of Latvia, because the new President was elected by the Saeima,
regarding which no confidence was expressed by the existing President.11
The dissolution of the Saeima promoted the development of the subsequent
political events in Latvia – due to the aforementioned decree of the President, the
9 Decree No. 2 by the President of Latvia of 28 May 2011 “On the Dissolution of the Saeima”. – The Latvian Herald, No. 83, 29.05.2011 – [enters into force from 28.05.2011] 10 Announcement of the President of Latvia to the Latvian society. — Available at: http://www.apollo.lv/portal/news/articles/239407?ref=news-r-op – [see: 02.12.2011] 11 Advokāts: vajag kārtību gadījumiem, kad valsts ir bez „galvas” un „kakla” (Lawyer: we need a procedure for cases, when the state is without the “head” and “neck”). — Available at: http://www.apollo.lv/portal/news/articles/239740 – [see: 02.12.2011]
11
society had the opportunity to elect new political forces in the coming extraordinary
parliamentary elections.
Considering the pro-active political position of the President Valdis Zatlers
during his presidency on solution of various issues, and the non-election of him, as
well as the fact that the decree on the dissolution of the Saeima was widely supported
by the society, caused rapid increase of Valdis Zatlers’ rating, the political party
“Zatlera Reformu partija”12 was founded on 23 July 2011 aiming to participate in the
extraordinary 11th Saeima elections. The priority of the party is the reformation of the
public administration and decreasing the impact of the oligarchs (impact by a group of
narrow interests or even individuals on the public administration).
Meanwhile, a nationally conservative political party “Nacionālā apvienība
“Visu Latvijai!” – “Tēvzemei un Brīvībai/LNNK”” (hereinafter – Nacionālā
apvienība (National Allieance)) was founded on 23 July 2011 by two political parties:
“Visu Latvijai!” and “Tēvzemei un Brīvībai/LNNK”; the priority of the alliance is the
representation of national interests of the Latvians.13
Upon the merge of the liberal party “Jaunais laiks”, the conservative party
“Pilsoniskā savienība” and the social-democratic party “Sabiedrība citai politikai”, a
new centre-right political party “Vienotība”14 was founded on 6 August 2011. In
2010 “Vienotība” had been established as a union of political parties for the
participation in the 10th Saeima elections.
After the dissolution of the Saeima, in the 15th Congress on 9 July 2011, the
political party “Tautas partija” took the decision to dissolve the party.15 To date the
party had been represented in the 7th, 8th, 9th and 10th Saeima. Members of the party,
Andris Šķēle and Aigars Kalvītis had also been Prime ministers for several times.
The referendum on the dissolution of the Saeima was held on 23 July 2011.
According to the results, 650 518 or 94,3% of the electorate voted in favour of the
12 Nodibina Zatlera Reformu partiju; eksprezidentu ievēl par priekšsēdi (Zatler’s Reform party is founded; the ex-president is elected for the chairman thereof). — Available at: http://www.delfi.lv/news/national/politics/nodibina-zatlera-reformu-partiju-eksprezidentu-ievel-par-priekssedi-plkst2210.d?id=39734803 – [see: 26.03.2012] 13 “Visu Latvijai!” un “Tēvzemei un Brīvībai/LNNK” apvienošanās kongress (Merge congress of the parties “Visu Latvijai!” and “Tēvzemei un Brīvībai/LNNK”). — Available at: http://www.tb.lv/jaunums/visu-latvijai-un-tevzemei-un-brivibailnnk-apvienosanas-kongress – [see: 26.03.2012] 14 Dombrovska runa Vienotības dibināšanā (Dombrovskis’ speech on the day “Vienotība” was founded). — Available at: http://valdisdombrovskis.lv/dombrovska-runa-vienotibas-dibinasana – [see: 26.03.2012] 15 Nolemj likvidēt Tautas partiju (Decide to liquidate the party “Tautas partija”). — Available at: http://www.tvnet.lv/zinas/latvija/384154 - [see: 02.12.2011.]
12
dissolution. Thus, the 10th Saeima was dismissed and on 17 September
2011 extraordinary Saeima elections took place.16
Five parties and party alliances managed to get deputy seats in the 11th
Saeima: the alliance of political parties “Saskaņas centrs” (31 deputy seats), “Zatlera
Reformu partija” (22 deputy seats), party “Vienotība” (20 deputy seats), “Nacionālā
apvienība” (14 deputy seats) and “Zaļo un Zemnieku savienība” (13 deputy seats).17
On 10 October 2011 an agreement was reached that the government coalition
will consist of “Zatlera Reformu partija”, “Vienotība” and “Nacionālā apvienība”.18
In the extraordinary meeting19 of the Saeima on 25 October 2011, the new
Cabinet of Ministers was approved. Valdis Dombrovskis, member of “Vienotība”,
was approved as a Prime Minister, thus being elected for this position for the third
time in a row. Work in the new Cabinet of Ministers was continued by the following
“Vienotība” members: Andris Vilks (Minister of Finance) and Artis Pabriks (Minister
of Defence). Several “Vienotība” members were newly elected: Ilze Viņķele
(Minister of Welfare), Ingrīda Circene (Minister of Health). In the new Cabinet of
Ministers, “Zatlera Reformu partija” was represented by Rihards Kozlovskis (Minister
of Interior) and Edmunds Sprūdžs (Minister of Environment Protection and Regional
Development). “Nacionālā apvienība” was represented by Žanete Jaunzeme-Grende
(Minister of Culture) and Gaidis Bērziņš (Minister of Justice).
Several non-party members were also involved in the government: Laimdota
Straujuma (Minister of Agriculture), Edgars Rinkēvičs (Minister of Foreign Affairs),
Daniels Pavļuts (Minister of Economics), Roberts Ķīlis (Minister of Education and
Science) and Aivis Ronis (Minister of Transport).
Irrespective of the expressed non confidence in the Cabinet of Ministers, the
former political parties maintained their position in the 11th Saeima. The key change
is the entry of a new party “Zatlera Reformu partija” to the political arena. The results
of the 11th Saeima elections also showed, that the alliance of political parties
16 2011. gada 23. jūlija tautas nobalsošana par 10. Saeimas atlaišanu (National Referendum of 23 July 2011 on the dissolution of the Saeima). — Available at http://www.web.cvk.lv/pub/public/29957.html [see: 02.12.2011] 17 11. Saeimas vēlēšanas (Elections of the 11th Saeima). — Available at: http://www.web.cvk.lv/pub/public/30047.html – [see: 02.12.2011] 18 Vienošanās par koalīcijas izveidi” (Agreement on the coalition). — Available at: http://valdisdombrovskis.lv/vienosanas-par-koalicijas-izveidi/ – [see: 26.03.2012] 19 The agenda of the extraordinary Saeima meeting on 25 October 2011 . — Available at: http://titania.saeima.lv/LIVS11/SaeimaLIVS2_DK.nsf/DK?ReadForm&nr=a331a884-700c-46ec-98d7-2a309d047ff0 – [see: 02.12.2011]
13
“Saskaņas centrs”, although it scored the highest number of votes, was not included in
the coalition formed by the government.
During 2011 political changes have also affected the interior issues. The
previous Minister of Interior Linda Mūrniece decided to resign yet before the decree
of the President on the dissolution of the Saeima. The Minister of Interior took the
decision due to events in 2011, when employees of the State Police were accused of
various criminal offences; with the resignation the Minister of Interior wished to take
the political responsibility for the situation in the state.20
Although the resignation of the Minister of Interior was accepted already on
21 February 2011, L.Mūrniece continued to perform her duties until 6 June in order to
finish commenced work. Since another candidate for the position was not nominated,
another member of “Vienotība” the Minister of Justice Aigars Štokenbergs took over
of the duties.
The new Minister of Interior was nominated only with the approval of the new
government. From 25 October 2011 Rihards Kozlovskis, a member of the newly
founded party “Zatlera Reformu partija”, was appointed for the position of the
Minister of Interior; the decrease of illegal immigration has been announced as one of
his key priorities.
Migration issues were also included in the agenda of the new government.21
Combat against crime, which affects the economic and judicial processes in Latvia,
has been set as a priority, thus raising the need for strict control of immigration from
third countries and decreasing illegal immigration.
The tasks promoting integration were still on the agenda of the government —
cohesion of society, on the same time while ensuring the possibilities of each resident
to maintain and develop their language and culture; introducing minority curricula;
tasks related to the promoting of the naturalisation process and improving of the
demographical situation in Latvia.22
20 Dombrovskis pieņem Mūrnieces demisiju (Dombrovskis accepts the resignation of Mūrniece). — Available at: http://www.diena.lv/sabiedriba/politika/dombrovskis-pienem-murnieces-demisiju-768415 – [see: 05.12.2011] 21 Declaration of the Intended Activities of the Cabinet of Ministers. — Available at: http://www.mk.gov.lv/lv/mk/darbibu-reglamentejosie-dokumenti/valdibasdek/ – [see: 26.03.2012] 22 Zatlera Reformu partijas, Vienotības un Nacionālās apvienības vienošanās par reformu un tiesiskuma koalīcijas un valdības izveidošanu (Agreement by Zatlera Reformu partija, Vienotība and Nacionālā apvienība on the coalition of reforms and rule of law and on the formation of the government). — Available at: http://reformupartija.lv/wp-content/uploads/2011/10/10 – [see: 26.03.2012]
14
In general it shall be concluded that, besides the numerous political events
during 2011, the political direction in the internal affairs has not changed in
comparison to 2010.
3.2. Main policy and legislative improvement debates
Between 1 March and 31 May 2011 census was organised in Latvia, and the
acquired results provided a much clearer understanding of the number of people who
had emigrated from Latvia. According to the provisional census data, the population
of Latvia reached 2 070 371 on 1 March 2011. Since the last population census in
2000 the population has decreased by 307 thousands or 15%.23
With the worsening of the demographic situation in Latvia, which was proven
by the census results in 2011, employment became one of the top issues, and along
with that also the related forecasts, which demonstrated that considering the long-term
economic development of Latvia, the labour market of Latvia shall be made more
accessible to third-country nationals. The Office of Citizenship and Migration Affairs
shall elaborate an Immigration Policy Plan24 until 1 July 2013, in which the solution
of the labour market issues shall be one of the top priorities.
In order to bring forward the topics, which shall be covered by the new
Immigration Policy Plan, on 11 October 2011 the Latvian contact point of the EMN
organised the conference “What should be migration policy in Latvia?”. The
conference was attended by representatives from public administration authorities,
non-governmental organisations, academics, as well as political parties from the
Saeima. The conference covered topical issues of the migration, situation in the labour
market and labour force migration, mid-term and long-term labour market forecasts,
and the significance of the integration policy of immigrants.
During 2011 important debates occurred on legal order of the national laws as
for the granting of citizenship and language policy.
23 Population Census 2011. Key indicators. – Available at: http://www.csb.gov.lv/statistikas-temas/2011gada-tautas-skaitisana-galvenie-raditaji-33608.html – [see: 26.03.2012] 24 Action Plan of the government for the implementation of the Declaration of the Intended Activities of the Cabinet of Ministers. – Available at: http://www.mk.gov.lv/lv/mk/tap/?pid=40206502&mode=mk&date=2011-02-15 – [see: 05.12.2011]
15
Work on the amendments to the Citizenship Law25 was started following the
initiative of the President Valdis Zatlers regarding dual citizenship for exiled Latvian
citizens and their descendants irrespective of their place of residence, automatically
acknowledging as Latvian citizens all children who are born abroad to parents at least
one of whom is Latvian citizen, and acknowledging as Latvian citizens all children
born after 1991 to non-citizens26 without a special application from their parents.
The necessity for amendments to the Citizenship Law is due to the fact that the
legal provisions included therein are outdated and do not correspond to the existing
situation in Latvia. Legal provisions, which, considering the topical economic
migration of Latvian citizens to the other Member States, would simplify the
acquisition of citizenship of the children born to emigrated Latvian citizens, Latvian
citizens emigrated during World War II and the children born to the non-citizens,
should be included in the Citizenship Law. The legal provisions currently in force
demonstrate that, for example, many Latvian non-citizens do not make use of their
rights to register their children as Latvian citizens. The work on the draft law was
delayed due to the dissolution of the 10th Saeima and the formation of the new
government.
Following the discussions on the necessity of introducing amendments to the
Citizenship Law, discussions related to the current language policy implemented in
Latvia arose within the society and the government.
The society “Sargi valodu un Latviju” (Protect the Language and Latvia) and
“Nacionālā apvienība” initiated amendments to the Section 11227 of the Constitution28
by adding the provision that the state shall provide free primary and secondary 25 Published: The Latvian Herald, No.93, 11.08.1994 – [enters into force from 25.08.1994] 26 According to the Law “On the Status of those Former U.S.S.R. Citizens who do not have the Citizenship of Latvia or that of any Other State” non-citizens are such citizens of the former USSR who reside in the Republic of Latvia as well as who are in temporary absence and their children who simultaneously comply with the following conditions:1) on 1 July 1992 they were registered in the territory of Latvia regardless of the status of the living space indicated in the registration of residence, or up to 1 July 1992 their last registered place of residence was in the Republic of Latvia, or it has been determined by a court judgment that they have resided in the territory of Latvia for 10 consecutive years until the referred to date; 2) they are not citizens of Latvia; and 3) they are not and have not been citizens of another state. As regards the European Union, non-citizens of Latvia are deemed to be citizens of third countries, who have acquired permanent residence permits and have the related rights. The persons belonging to this category are not issued residence permits, but their status is approved by the non-citizen passport of Latvia. 27 Section 112 of the Constitution stipulates the following: Everyone has the right to education. The State shall ensure that everyone may acquire primary and secondary education without charge. Primary education shall be compulsory. 28 The Constitution of the Republic of Latvia (Satversme). – The Latvian Herald, No. 43, 01.07.1993 – [enters into force from 07.11.1922]
16
education only in the official language in all state-financed schools starting from
Grade 1 from 1 September 2012.29
The proposed amendments were justified with the necessity to promote the
preservation and sustainability of the Latvian language by ensuring that the graduates
and officials of local and governmental authorities speak good Latvian.
The draft law aroused heated discussions in the society and mass media.
Valērijs Buhvalovs and Jakovs Pliners from the political party “Par cilvēka tiesībām
vienotā Latvijā” (For Human Rights in United Latvia) disapproved of the draft law
and stressed: such amendments would only stir up the internationalized hatred within
the society and dissolve the balance between the Latvian and Russian communities;
the idea is in contradiction to human rights and would reduce the authority of Latvia
in Europe; similarly in case of introduction of the law, the skills and competitiveness
of pupils would be decreased and thus the unemployment would increase; as well as
demonstrations would be inevitable.30
120 433 citizens of Latvia voted in favour of the amendments, which is less
than one tenth or 153 232 of the number of Latvian citizens having the right to vote in
the last parliamentary elections,31 thus, the draft law on the amendments to the
Constitution of the Republic of Latvia was not considered by the Saeima.
In its turn between 1 and 30 November 2011, signatures were collected for
initiation of another draft law “Amendments to the Constitution of the Republic of
Latvia” aiming to nominate Russian as the second official language of Latvia. The
collection of signatures was supported by the political party “Saskaņas centrs”. The
draft law “Amendments to the Constitution of the Republic of Latvia” was submitted
to the President of Latvia, who in turn submitted it for review to the parliament. On
22 December 2011 the Saeima rejected the amendments and thus a national
referendum was organised.
In 2011 the government several times revalue the amendments to the
Immigration Law32, which entered into force from 1 July 2010, and which stipulated
29 Note: the current education system in Latvia provides for free state-financed education also in minority schools. 30 Pliners: mācības tikai latviešu valodā uzkurinās starpnacionālu naidu (Pliners: education in Latvian only will raise international hatred). – Available at: http://www.apollo.lv/portal/news/articles/231064 – [see: 05.12.2011] 31 Par parakstu vākšanas likuma „Grozījumi Latvijas Republikas Satversmē” ierosināšanai rezultātu (On the results of the initiation of the law “Amendments to the Constitution of the Republic of Latvia”). – Available at: http://web.cvk.lv/pub/public/30044.html – [see: 05.12.2011] 32 Law “Amendments to the Immigration Law”. – The Latvian Herald, No. 74, 12.05.2010 – [enters into force from 01.07.2010]
17
that a residence permit in Latvia may be obtained, if the investments in real estate,
subordinated capital of banks, or equity capital of companies has been made.
Fraudulent transactions were stated where third-country nationals had
performed counterfeit transactions in order to acquire legal rights to reside in Latvia.
In order to avoid such cases, once again the Immigration Law33 was amended by
introducing additional requirements regarding individual wishing to acquire a
residence permit in Latvia through investments or contributions. At present it is
difficult to assess the impact of the draft law on the national economy, since the
additional requirements entered into force only recently and the public opinion
regarding the acquiring of a residence permit through investments or contributions is
various.
3.3. Main institutional developments
There have been no institutional changes in migration and asylum field in
Latvia in 2011, but in order to improve the enforcement of public administration
functions, the responsibilities of various authorities were reshuffled.
Thus, along with the amendments to the Immigration Law34, the functions of
several authorities on the procedure of return of irregular migrants were extended:
- The Ombudsman was assigned the function of monitoring the procedure
of forced return of irregular migrants (up to now there was no system in Latvia
monitoring the forced return, which would provide for an unbiased assessment of the
procedure of forced return from legal and practical point of view);
- the rights of the State Border Guard officials were extended by giving
rights of issuing a return decision irrespective of the place where the offence was
registered (till now return decisions were issued by the Office of the Citizenship and
Migration Affairs and the State Border Guard based on territorial principles (the State
Border Guard – in the border area and on the state border crossing points, the Office
of the Citizenship and Migration Affairs – within the territory of Latvia)).
On 1 June 2011 the detained foreigners’ accommodation centre was opened in
Daugavpils, where 73 persons may be accommodated at a time. The former centre in
Olaine was closed.
33 Law “Amendments to the Immigration Law”. – The Latvian Herald, No. 93, 15.06.2011 – [enters into force from 16.06.2011] 34 Published: The Latvian Herald, No. 93, 15.06.2011 – [enters into force from 16.06.2011]
18
Following the introduced amendments to the Latvian Administrative
Violations Code35, the Office of the Citizenship and Migration Affairs now
processes administrative cases and imposes administrative sanctions on persons for
violating the passport storage and usage provisions, for failure to notify or intentional
provision of false information to the Office of the Citizenship and Migration Affairs
and institutions that declare places of residence, for failure to notify the changes to the
information provided for the receipt of a residence permit, for failure to register a
residence permit, for residing in the Republic of Latvia without a valid visa, residence
permit, or a valid travel document, and for consciously providing a person with an
opportunity to reside illegally in the Republic of Latvia.
According to the new competence of the Office of the Citizenship and
Migration Affairs, the amendments to the By-law of the Office of the Citizenship and
Migration Affairs were introduced.36
As regards the integration, it should be noted that the Ministry of Culture took
over the development of the national policy of social integration, as well as of the
implementation and coordination thereof, and it also took over the development of the
immigrants’ integration policy and the implementation of the monitoring function of
the European Fund for the Integration of third-country nationals.
35 Law “Amendments to the Latvian Administrative Violations Code”. – The Latvian Herald, No. 183, 17.11.2010 – [enters into force from 01.01.2011] 36 Cabinet of Ministers Regulations No.875 of 8 November 2011 “Amendments to the Cabinet of Ministers Regulations No. 911 of 3 October 2006 “By-law of the Office of the Citizenship and Migration Affairs””. – The Latvian Herald, No. 178, 10.11.2011 – [enters into force from 11.11.2011]
19
4. LEGAL IMMIGRATION AND INTEGRATION
4.1. Economic migration
4.1.1. Changes within the national perspective
Employment
National laws regulating the employment of third-country nationals are built
horizontally, i.e., referring to all third-country nationals equally.
Latvia does not promote the immigration of qualified labour force, because the
total number of immigrants is rather small and most persons entering the country for
employment purposes are not highly-skilled. Whereas the number of persons entering
Latvia for low-qualification jobs is so small that it cannot affect the situation of the
labour market in their country of origin. It shall be concluded that there is no such
tendency that labour force would be more needed in one industry than another, and
thus Latvia is not interested in promoting immigration of particular professionals to
Latvia.
Compared to 2010 the unemployment rate in Latvia has decreased by 3,3%,
i.e., from 18,7% to 15,4%. The employment level following a continuous three-year
decrease has started increasing, reaching 55,3%, which is 2,2% more than in 2010.37
The most rapid growth in the demand of the labour force affected the primary
industries — mostly agriculture, forestry and logging, construction, and professional,
scientific and technical service industries. The most significant reduction affected the
arts, entertainment and leisure industry, mining and extractive industry, and water-
supply and waste management industry.38
2443 work permits were issued to third-country nationals in
2011 (2212 permits – in 2010). The foreigners were mostly employed in the following
fields: transport (665 work permits), manufacturing of other vehicles (257), catering
services (166), sports (123) and transactions with real estate (85).39
During 2011 several measures have been introduced, which significantly
facilitate the employment of various categories of third-country nationals in Latvia.
37 Source: the Central Statistical Bureau. 38 Report on the Development of the National Economy. – The Ministry of Economics. – Available at: http://www.em.gov.lv/images/modules/items/tsdep/zin_2011_2/zin_2011_dec.pdf – [see: 27.03.2012] 39 Source: the Office of the Citizenship and Migration Affairs.
20
The Cabinet of Ministers Regulations No. 26 of 11 January
2011 “Amendments to the Cabinet of Ministers Regulations No. 553 of 21 June
2010 “Regulations Regarding Work Permits for Third-country Nationals””40 stipulate
that a third-country national is entitled to work with any employer in the Republic of
Latvia, if he or she has received a temporary residence permit until the coming into
effect of a court judgment on the divorce and the determination of the place of
residence of a child or until the day a public notary has made the divorce certificate.
The amendments were aimed at non-limitation of the rights of foreigners on the
employment in Latvia during the divorce process should there be a child involved
until a court judgement on the divorce and assignment of custody to either of the
parents has not yet been made.
On 29 July 2011 the Cabinet of Ministers Regulations No. 582 of 26 July
2011 “Amendments to the Cabinet of Ministers Regulations No. 553 of 21 June
2010 “Regulations Regarding Work Permits for Third-country Nationals””41 entered
into force. The amendments specify the following:
1) more simplification of the procedure of receiving work permits by third-
country nationals carrying out business in Latvia — the employment rights of such
third-country nationals are confirmed with the mark “Business” in the residence
permit or visa and they do not need to receive individual work permits for each
business area or participation in several companies;
2) providing for the right of spouses of the third-country investors to work
with any employer in the Republic of Latvia if they have received temporary
residence permits for the residence in the Republic of Latvia;
3) making the labour market of Latvia more accessible to foreign students —
the provision of the employment of students in Latvia has been extended, i.e., also
exchange students are entitled to receive a work permit for the employment with any
employer working up to 20 hours per week;
4) extending the list of persons who are entitled to work without a work
permit in Latvia, should they have arrived for the purposes of family reunification or
studying.
40 Published: The Latvian Herald, No. 9, 18.02.2011 – [enters into force from 01.02.2011] 41 Published: The Latvian Herald, No. 117, 28.07.2011 – [enters into force from 29.07.2011]
21
With the Cabinet of Ministers Regulations No. 593 of 2 August
2011 “Amendments to the Cabinet of Ministers Regulations No. 564 of 21 June
2010 “Regulations Regarding Residence Permits””42:
supporting documents to be attached and information to be indicated in a
sponsorship request has been specified – provision to indicate in the sponsorship
request the estimated number of employment hours for those third-country nationals,
who are officials registered in the Commercial Register, has been excluded;
it has been stated that in case a third-country national is employed with
several employers, the sponsorship request shall be filled in by each employer;
the documents, which shall not be re-submitted in requesting or registering
the residence permit (e.g., education document, documents which attest the necessary
means of subsistence) is stipulated, as well as additional documents to be submitted
(proof that a physical entity with whom a contract for work performance has been
concluded has been registered as a taxpayer and it has no statutory tax debts);
it has been specified that taxes and fees, which are paid from the
remuneration of officials registered in the Commercial Register, shall be paid from
the income as stipulated by the Cabinet of Ministers Regulations No. 550 of 21 June
2010 “Regulations Regarding the Amount of Necessary Financial Means for a
Foreigner and Procedures for the Determination of the Existence of Financial
Means”43.
The Office of the Citizenship and Migration Affairs is currently developing
amendments to the Immigration Law in order to simplify the arrival to the Republic of
Latvia by international cargo and passenger carriers, releasing these from the
necessity of receiving a work permit.
Investments
In 2011 the efficiency of the amendments to the Immigration Law44, which
entered into force on 1 July 2010, was re-assessed several times. The amendments
stipulated that a foreigner is entitled to request a temporary residence permit for a
period of time not exceeding five years, if:
1) he or she has invested in the equity capital of the capital company by
increasing it, or he or she has invested in the equity capital of the capital company by
42 Published: The Latvian Herald, No. 122, 05.08.2011 – [enters into force from 06.08.2011] 43 Published: The Latvian Herald, No. 100, 28.06.2010 – [enters into force from 01.07.2010] 44 Published: The Latvian Herald, No. 74, 12.05.2010 – [enters into force from 01.07.2010]
22
founding a new capital company, and the investment is at least LVL 25 000, and
during a financial year the capital company pays in total in the budget of the state and
local authority as taxes at least LVL 20 000;
2) if he or she has acquired in the Republic of Latvia and he or she owns one
or several real estates in Riga planning region or cities, the total value of which is at
least LVL 100 000, one or several real estates outside Riga planning region or cities
and the total value of which is at least LVL 50 000, if he or she does not have and
never has had debts of payments of real estate tax and the payment of the total value
of real estate has been performed by clearing.
When the residence permits were started being issued based on the
aforementioned provisions, several cases were established, when the requirements for
requesting a residence permit were intentionally misread. For example, in majority of
cases the investment in the amount of LVL 25 000 was invested in a middle-size or
large capital company (for example, in one of Latvia’s credit institutions), providing
no economic benefit to the national economy if compared to the individual benefits a
person received – the residence permit, which allows free residence in the Schengen
Area. There were also several transactions between individuals, who are not
registered in Latvia, by transferring financial means via foreign banks and thus
ensuring only minor benefit to the national economy (for example, state fee due of
2%, which is paid by registering a real estate in the Land Register). Moreover, it was
established that some of the transactions are obviously counterfeit, for example,
paying LVL 100 000 (the transaction was made between two non-residents of Latvia
who were close relatives) for 3m2 (undivided share of the estate). In fact the estate of
low market and cadastral value was sold for a statutory fee, but after registration of
the transaction part of the fee was returned to the buyer. Such transactions have an
adverse impact on the real estate market.
In order to avoid such cases in future and to ensure greater economic benefit to
the national economy, the following amendments were introduced to the Immigration
Law45:
1) LVL 25 000 may be only invested in a company if the company is deemed
a small enterprise (less than 50 employees, annual turnover or the annual balance
sheet less than 7 million lats, and during a financial year the capital company pays in
45 Published: The Latvian Herald, No. 93, 15.05.2011 – [enters into force from 16.06.2011]
23
total in the budget of the state and local authority as taxes at least LVL 20 000). In
case of a large enterprise LVL 100 00 shall be invested;
2) the real estate shall be purchased from a physical entity registered in the
Republic of Latvia or legal entity, who is either Latvia’s citizen, Latvia’s non-citizen,
Union’s citizen or a third-country national, who resides in the Republic of Latvia
based on a valid residence permit;
3) the total sum for the real estate shall be bound to the cadastral value
thereof. The cadastral value of the real estate at the time of purchase shall be at least
LVL 30 000, or in case the real estate is located outside Riga planning region or cities,
the total cadastral value thereof shall be at least LVL 10 000. If the cadastral value is
less than indicated, the total value of the real estate shall be no less than the market
value calculated by a certified expert assessing the value of real estates.
Thus, it can be concluded that the interest of third-country nationals for the
possibility to acquire a residence permit after they have made the investments
according to the Immigration Law is relatively high. The total amount of investments
from 1 July 2010 till 31 March 2012 amounted to LVL 210 431 875, and the number
of persons requesting residence permits (including the family members of investors)
from 1 July 2010 till 30 April 2012 reached 3095 persons. The number of persons
requesting residence permits is steadily growing; the largest number of applications
for residence permits was received in December 2011 (101 applications) and most
often these are related to the purchase of a real estate. Largest number of the
applications is received from the citizens of Russia and other former USSR countries
– Ukraine, Belarus, Kazakhstan, and Uzbekistan.
It should be noted that this is the first year after the amendments have entered
into force and therefore the impact thereof on the national economy may not yet be
exactly calculated; a more exact estimation of the impact of these investments could
be carried out after at least one financial year has lapsed.46
The Cabinet of Ministers Regulations No. 593 of 2 August
2011 “Amendments to the Cabinet of Ministers Regulations No. 564 of 21 June
2010 “Regulations Regarding Residence Permits””:
prescribes the criteria necessary to determine that a commercial company,
a branch of a foreign merchant, individual merchant or a self-employed person is
46 Report on the Implementation and Results of the Provisions according to Section 23(1) Clause 3, Clause 28, Clause 29, and Clause 30 of the Immigration law. – Available at: http://www.mk.gov.lv/doc/2005/IEMInf_300811_investori.2132.doc – [see: 29.03.2012]
24
performing intense economic activity and provide economic benefit for the Republic
of Latvia or a representation of a foreign merchant performs intense activity which
promotes development of the national economy;
extends the list of documents to be submitted by foreigners, who have
purchased real estate;
extends the range of persons, who are entitled to submit documents to the
Office of the Citizenship and Migration Affairs in order to receive a residence permit
without having to depart from the Republic of Latvia, with persons, who promote the
development of the national economy by investing in capital companies, purchasing
real estate, and investing means in credit institutions.
Immigration Policy Plan
The Cabinet of Ministers has assigned the Office of the Citizenship and
Migration Affairs to develop an Immigration Policy Plan by 1 July 2013; the Plan
shall lay down entry and employment provisions for various groups of persons. Upon
development of the Immigration Policy Plan, it is important to focus on family
reunification provisions by identifying categories of family members of the third-
country nationals and issues related to their employment. The Plan shall address
provisions of labour force admission in a wider context, considering also the
introduction of quotas and entry facilitations for highly-qualified labour force, and
entry and residence provisions of investors and self-employed persons.47
4.1.2. Changes from the EU perspective
Introduction of the requirements of the Blue Card Directive48
Introduction of the Blue Card Directive makes the entry and residence in EU
easier for highly qualified third-country nationals by introducing a common residence
permit – the Blue Card, which entitles the holder thereof to reside and work in the
Member State according to the Directive. The Directive provides also for mobility
within the EU.
47 Source: the Office of Citizenship and Migration Affairs. 48 Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. – Official Journal, L 155/17, 18.06.2009
25
Amendments to the Immigration Law49 define the Blue Card and the term a
third-country national may request the Card for; the amendments lay down also the
rights of a third-country national to reside in the Republic of Latvia during the process
the documents are being reviewed for the third-country national holding a valid Blue
Card issued by another Member State and requesting such status in the Republic of
Latvia.
Amendments to the Cabinet of Ministers Regulations No. 564 of 21 June
2010 “Regulations Regarding Residence Permits”50 stipulate that a highly qualified
employee requesting a Blue Card is entitled to submit the documents for the residence
permit to the Office of Citizenship and Migration Affairs without leaving Latvia, if he
or she resides in Latvia with a valid uniform visa.
Amendments to the Cabinet of Ministers Regulations No. 553 of
21 June 2010 “Regulations Regarding Work Permits for Third-country Nationals”51
lay down the procedure for a Blue Card holder to receive a work permit — the Office
of Citizenship and Migration Affairs issues a work permit without announcing a
vacant position at the State Employment Agency, whereas the spouses of these
persons have the right to work without a work permit with any employer.
Amendments to the Cabinet of Ministers Regulations No. 550 of 21 June
2010 “Regulations regarding the Amount of Necessary Financial Means for a
Foreigner and Procedures for the Determination of the Existence of Financial
Means” 52 stipulate that a foreigner wishing to receive a Blue Card for family
members he or she provides for, or his or her inviter shall submit documents attesting
he or she has sufficient financial means, i.e., he or she is being paid a wage in the
Republic of Latvia according to the average gross wage in the previous year
multiplied by 1,5.
Amendments to the Support for Unemployed Persons and Persons Seeking
Employment Law53 lay down the rights of the EU Blue Card holders to receive aid
services provided by the employment agencies, support and rights to social benefits
during the unemployment term: they have the rights to receive free information on
vacancies, qualification and other requirements related to them; career consultations
49 Published: The Latvian Herald, No. 93, 15.06.2011 – [enters into force from 16.06.2011] 50 Published: The Latvian Herald, No. 122, 05.08.2011 – [enters into force from 06.08.2011] 51 Published: The Latvian Herald, No. 117, 28.07.2011 – [enters into force from 29.07.2011] 52 Published: The Latvian Herald, No. 99, 29.06.2011 – [enters into force from 30.06.2011] 53 Published: The Latvian Herald, No. 96, 21.06.2011 – [enters into force from 05.07.2011]
26
in case of unemployment and consultations from EURES54 (the European Job
Mobility portal); acquire the status of unemployed or person seeking employment
once during the validity term of the Blue Card; participate in active employment
measures and measures for the decrease of unemployment for a term up to three
months and to receive unemployment benefit during this period.
Amendments to the law On the Status of a Long-term Resident of the European
Community in the Republic of Latvia55 specifies the period for the Blue Card holder
and his or her family members that may be included in the continuous residence
period in the Republic of Latvia in order for the person to be entitled to receiving the
status of long-term resident of the European Union.
4.2. Family reunification
The main changes of national laws as regards the family reunification mainly
occurred within the EU context, i.e., by introducing the requirements of the Directive
2004/38/EC56.
New Cabinet of Ministers Regulations No. 243 of 29 March
2011 “Procedures for the Entry into and Residence in the Republic of Latvia of
Citizens of European Union Member States, European Economic Area States and the
Swiss Confederation, and their Family Members”57 were issued. In comparison with
the previous regulations in force58, these regulations extended the definition of a
“family member” applying it not only to children and spouses, but also to persons,
who are provided for by an EU citizen or who have had common household with an
EU citizen in his or her previous country of origin. A family member is deemed also a
person, who due to serious health problems is in need of personal care by an EU
citizen, or a partner, with whom the EU citizen was in relationship for a long period of
time. In order to facilitate the entry and residence of a family member of an EU
54 Official website: http://ec.europa.eu/eures/home.jsp?lang=lv 55 Published: The Latvian Herald, No. 117, 28.07.2011 – [enters into force from 11.08.2011] 56 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. – Official Journal, L 158, 30.04.2004 57 Published: The Latvian Herald, No. 58, 13.04.2011 – [enters into force from 14.04.2011; null and void from 01.09.2011] 58 Cabinet of Ministers Regulations No. 586 of 18 July 2006 “Procedures for the Entry into and Residence in the Republic of Latvia of Citizens of European Union Member States, European Economic Area States and the Swiss Confederation, and their Family Members”. – The Latvian Herald, No. 114, 20.07.2006 – [enters into force from 21.07.2006; null and void from 14.04.2011]
27
citizen, the regulations stipulate that the family members of EU citizens shall receive
free visas in accelerated procedure.
Since the amendments to the Immigration Law59 stipulated the Cabinet of
Ministers shall develop procedures of entry and residence in Latvia for EU citizens
and their family members, and residence limitations for the same, the regulations were
re-issued60 by introducing mainly technical amendments and specifying the amount of
documents to be submitted by family members of EU citizens upon requesting
permanent residence rights.
4.3. Integration
The key institutional changes in 2011 were observed within authorities in
charge of the integration issues. From 7 January 2011 the Ministry of Culture took
over of the development of national policy of the integration of the society, along with
the implementation and coordination thereof, and the development and
implementation of the immigrants’ integration policy, while from 1 April it started the
implementation of the monitoring function of the European Fund for the Integration
of third-country nationals.
Till now integration of the society and the monitoring of the European Fund
for the Integration of third-country nationals was the responsibility of the Ministry of
Justice.
The Integration Policy Guidelines were still being developed in 2011, and on
20 August 2011 public discussions on the project were started; during the discussions
361 suggestions from inhabitants and non-governmental organisations were
submitted.
Guidelines on National Identity, Civil Society, and Integration Policy (2012 –
2018)61, elaborated by the Ministry of Culture, entered into force from 20 October
2011 (hereinafter – the Guidelines); the Guidelines define the policy for the
strengthening of national identity, development of civic society, and social
integration. The document is a logical continuation of the previous integration policy,
but it addresses also new issues and challenges. The document is based on the
59 Published: The Latvian Herald, No. 93, 15.06.2011 – [enters into force from 16.06.2011] 60 Published: The Latvian Herald, No. 141, 07.09.2011 [enters into force from 08.09.2011] 61 Cabinet of Ministers Decree No. 542 of 20 October 2011 “On the Guidelines on National Identity, Civil Society and Integration Policy (2012–2018)”. – The Latvian Herald, No. 167, 21.10.2011 – [enters into force from 20.10.2011]
28
following policy principles: open Latvianness, responsibility and participation,
belonging to Europe, maintenance of the uniqueness of national minorities, respect for
the freedom of choice, observance of human rights, and a multiple identity.
Similarly other tasks are brought forward in the Guidelines in order to
facilitate integration of immigrants within the society of Latvia:
creation of a national-level coordinating system in order to support
immigrant participation;
creation of a national-level Advisory Council with participation of
immigrants and representatives of their organisations;
development of legislation required in order to ensure fundamental rights
of third-country nationals (employment, education, health care, social support, and
other issues);
measures to encourage integration of refugees and persons with subsidiary
protection;
establishing of the Latvian language learning system for those who wish to
immigrate to Latvia;
regular educational and awareness raising measures on migration and
integration of third-country nationals for different target groups of society, including
awareness raising measures with the participation of immigrants and measures for the
representatives of the media;
educational information materials on the Latvian cultural space and its
promotional activities, emphasising the diversity of Latvian cultural space, openness
to the contribution of other cultures in the past and present.62
One of the key instruments for the promotion of participation in decision-
making processes are advisory mechanisms, which are established both on national
(the Minorities Consulting Council, the National Minority Education Advisory
Council, the Committee of representatives from national minorities’ NGOs
monitoring the implementation of Framework Convention for the Protection of
National Minorities63) and local authority level.
Studies and conferences:
62 Source: the Ministry of Culture. 63 Law “On the Framework Convention for the Protection of National Minorities”. – The Latvian Herald, No. 85, 31.05.2005 – [enters into force from 01.06.2005]
29
- Centre for Public Policy PROVIDUS has developed a study “Integration of
immigrants in Latvia: learning the official language and civic education”64; the aim of
the study is to draw attention to the necessity to promote learning of Latvian language
and the civic education by foreigners;
- Centre for Public Policy PROVIDUS has developed a policy summary
“Limitations of the immigrants’ children rights in Latvia”65; the aim of the summary
is to draw attention to opportunities of immigrants’ children receiving free
compulsory education in Latvia;
- on 31 May 2011 the Centre for Public Policy PROVIDUS and the British
Council in Latvia organised a conference “Migrant integration in Latvia: a doom or an
opportunity?”66. At the conference the results of the Migrant integration policy index
for the Baltic countries, as well as a comparative study on the political participation
opportunities for immigrants in Latvia, Estonia, and Poland were presented. The
conference gathered experts and representatives from the competent institutions, who
discussed the migrant integration policy in Latvia and the required changes.
4.4. Citizenship and naturalisation
A topical issue in 2011 was the granting of dual citizenship and simplification
of naturalisation process; this was widely discussed both by the Saeima and the
society.
The need for reviewing of the naturalisation provisions was justified by the
fact that during the last four years naturalisation figures remained unchanged and in
general they were quite low – since 2008 on average 2472 individuals are granted
Latvian citizenship through the naturalisation process, while between 2002 and
2007 the annual average number was 11 425.
64 Imigrantu integrācija Latvijā: valsts valodas apguve un pilsoniskā izglītība (Integration of immigrants in Latvia: learning the official language and civic education). – Available at: http://politika.lv/temas/sabiedribas_integracija/19005/ – [see: 05.12.2011] 65 Ierobežojumi imigrantu bērnu tiesībām Latvijā (Limitations of the immigrants’ children rights in Latvia). – Available at: http://politika.lv/temas/sabiedribas_integracija/19006/ – [see: 05.12.2011] 66 Aicinām uz konferenci: “Imigrantu integrācija Latvijā: nolemtība vai iespēja?” (Invitation to the conference: „Migrant integration in Latvia: a doom or an opportunity?”). – Available at: http://www.providus.lv/public/27508.html – [see: 12.12.2011]
30
Diagram 4-1 Number of persons having acquired Latvian citizenship
by naturalization, 2002 – 201167
Still a large number of the Latvia’s population (312 189 persons68) are Latvian
non-citizens. The naturalisation is hindered by the fact that a large number of Latvian
non-citizens wait for simplification of the naturalisation and it is also of importance
for them that they may travel to CIS countries without a visa.
The Cabinet of Ministers Regulations No. 521 of 5 July 2011 “Procedures for
the Receipt and Examination of Applications for Naturalisation”69 and the Cabinet of
Ministers Regulations No. 522 of 5 July 2011 “Regulations Regarding Testing of
Fluency in the Latvian Language and the Knowledge of the Basic Principles of the
Constitution, the Text of the National Anthem and the History of Latvia as prescribed
by the Citizenship Law”70 entered into force on 9 July 2011, extends the categories of
persons, who are exempt from the language test within the naturalisation exam. The
regulations stipulate that a language fluency test shall not be taken in the Office of
Citizenship and Migration Affairs by an applicant, who has studied the language and
presents an official language fluency certificate71, a document, which certifies passing
of the centralised examination of the Latvian language or the centralised examination
67 Source: the Office of Citizenship and Migration Affairs. 68 Source: the Office of Citizenship and Migration Affairs, information as at 01.01.2012. 69 Published: The Latvian Herald, No. 105, 08.07.2011 – [enters into force from 09.07.2011] 70 Published: The Latvian Herald, No. 105, 08.07.2011 – [enters into force from 09.07.2011] 71 An official language fluency certificate, which has been issued after 1 September 2009, and certifies that the applicant has acquired a Level B or C in an official language test for the performance of professional and official duties, receipt of a permanent residence permit and acquiring the status of a European Union long-term resident.
31
of the Latvian language and literature72, or a document, which certifies that the person
has acquired a basic, secondary, or higher education in an educational institution
where the language of instruction is the Latvian language.
Cabinet of Ministers Regulations No. 520 of 5 July 2011 “Procedures of
Submission and Review of an Application for the Acknowledgement of a Child as a
Latvian Citizen”73 also entered into force from 9 July 2011; the regulations stipulate
that such application may be submitted by the parents of the child to the registry
office upon registration of the birth of the child; the application shall be transferred
for review to the Office of Citizenship and Migration Affairs. To date such
applications were allowed to be submitted to the Office of Citizenship and Migration
Affairs only, wherewith the new procedure is an administrative simplification for a
child of Latvian non-citizens or stateless persons to be acknowledged as a Latvian
citizen.74
72 A document, which certifies passing of the centralised examination of the Latvian language (in the accredited minority education programmes for Grade 9) or the centralised examination of the Latvian language and literature (in the accredited minority education programmes for Grade 12) according to the Level A, B, C or D. 73 Published: The Latvian Herald, No. 105, 08.07.2011 – [enters into force from 09.07.2011] 74 According to Section 31 of the Citizenship Law, a child who is born in Latvia after 21 August 1991, shall be acknowledged as a Latvian citizen in accordance with the procedures set out in Paragraphs two or three of this Section, if he or she complies with all the following requirements: 1) his or her permanent place of residence is Latvia; 2) he or she has not been sentenced to more than five years imprisonment in Latvia or in any other state for committing a crime; and 3) he or she has, prior to that, been a stateless person or non-citizen for the entire time.
32
5. ILLEGAL IMMIGRATION AND RETURN
5.1. Illegal immigration
Latvia is not a country of destination for immigrants, which is partly due to the
relatively low level of social welfare, while the accession to the EU and Schengen
Area (the land border with Russia and Belarus is also the external border of the EU
and Schengen Area) makes Latvia an attractive transit country for irregular migrants
reaching other Member States (e.g., Germany, Sweden, Denmark, etc.).
On the state border entry into Latvia was refused in 123075 cases during 2011;
the number is 51% higher than in 2010. Most often the entry was refused due to
invalid travel documents, visas, or residence permits or due to forged visa or
residence permit. The total number of irregular migrants, who were detained within
the state, is relatively small. The number of detained persons has decreased since
2005 – from 307 persons, who were detained in 2005, to 195 persons in 2010, and
130 persons in 2011.76 The largest countries of origin of irregular migrants are still
Russia, Ukraine, and Belarus.
Due to the successful operation of the involved authorities (especially the
State Border Guard, which is directly involved in the prevention of illegal migration),
it is possible to control and decrease illegal migration flow also with limited
resources.
In 2011 the State Border Guard continued to improve tools for the prevention
of illegal immigration. For example, by adopting internal rules, a detailed risk
analysis assessment structure was developed in order to ensure common risk analysis
development principles, which are also in line with the FRONTEX77
recommendations.78
Implementation of the Sanctions Directive79
76 Source: Eurostat (data rounded to the nearest 5). 77 European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, was established with the Council Regulation No. 2007/2004 of 26 October 2004. 78 Information provided by the State Border Guard. 79 Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals. – Official Journal, L 168, 30.06.2009
33
In order to reduce the number of illegally employed third-country nationals
and adopt the requirements of the Directive 2008/104/EC80 and of the Sanctions
Directive, the Labour Law81, the Latvian Administrative Violations Code82, the
Associations and Foundations Law83 and the Criminal Law84 were amended.
Following the amendments to the Labour Law the employer is subject to the
following provisions:
when preparing an employment contract, the employer shall request a
third-country national to present a visa or residence permit, and a work permit (if
applicable);
it is prohibited to employ a person, who has no rights to reside in the
Republic of Latvia;
an employer shall not be held liable for the employment of such person,
who has no rights to reside in the Republic of Latvia, if the same person has presented
documents to the employer attesting the residence rights prior to employment.
A person, who commits violation of restrictions or provisions, as provided for
by the law, shall be subject to administrative liability, according to the Latvian
Administrative Violations Code:
in case of the employment of a person, who is younger than 15 years and
does not have a valid identification document, – a fine in the amount from LVL
100 up to LVL 500 shall be imposed;
in case of the employment of up to 5 people, who do not have work
permits, but who are legally residing in Latvia – a fine in the amount from
LVL 100 up to LVL 300 shall be imposed on a physical entity, but from LVL 500 up
to LVL 2500 for a legal entity;
in case of the employment of more than 5 people, who do not have work
permits – a fine in the amount from LVL 300 up to LVL 500 shall be imposed on a
physical entity, and from LVL 2500 up to LVL 10 000 for legal entity;
80 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work. – Official Journal, L 327, 05.12.2008 81 Law “Amendments to the Labour Law”. – The Latvian Herald, No. 103, 06.07.2011 – [enters into force from 20.07.2011] 82 Law “Amendments to the Latvian Administrative Violations Code”. – The Latvian Herald, No. 103, 06.07.2011 – [enters into force from 20.07.2011] 83 Law “Amendments to the Associations and Foundations Law”. – The Latvian Herald, No. 103, 06.07.2011 – [enters into force from 20.07.2011] 84 Law “Amendments to the Criminal Law”. – The Latvian Herald, No. 99, 29.06.2011 – [enters into force from 13.07.2011]
34
in case of the employment of up to 5 people, who do not have the rights to
reside in Latvia – a fine in the amount from LVL 150 up to LVL 350 shall be imposed
on a physical entity, and from LVL 750 up to LVL 3000 for a legal entity.
According to the Criminal Law, a person shall bear criminal liability for the
employment of persons, who do not have the rights to reside in the Republic of Latvia
and where the employee is under-age or where more than 5 people are employed, and
in case a person is employed in especially hard working conditions or a victim of
human trafficking is employed with intent. In such cases the applicable punishment is
deprivation of liberty, or community service, or a fine note exceeding two hundred
times the monthly wage (at present the minimum monthly wage in Latvia amounts to
LVL 200).
At the same time the Cabinet of Ministers Regulations No. 89485 entered into
force on 24 November 2011; the Regulations stipulate the procedures for recovering
of expenses which is related to the forced return, detention and holding under
temporary custody of a foreigner or returning of a foreigner to the country, which
takes the person back, from a foreigner, his or her inviter or employer, who has
employed the foreigner, who had resided in the Republic of Latvia illegally.
Recognition in Latvia of a return decision or removal order taken by another
Member State
By transposing the Return Directive86 in the Immigration Law87, it was
stipulated that in case the Office of Citizenship and Migration Affairs or the State
Border Guard has established that the foreigner is a subject of return decision or
removal order taken by another Member State, the Head of either of the authorities or
the authorised officials shall have the right, having assessed the case circumstances
and having got in contact with the relevant Member State, to take a decision on the
recognition of such return decision or removal order.
85 Cabinet of Ministers Regulations No. 894 of 22 November 2011 „Procedures for Determining and Recovering of Expenses which have arisen due to the Forced Return, Detention and Holding under Temporary Custody of a Foreigner or Returning of a Foreigner to the Country, which Takes the Person back”. – The Latvian Herald, No. 185, 24.11.2011 – [enters into force from 25.11.2011] 86 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals. – Official Journal, L 348, 24.12.2008 87 Law “Amendments to the Immigration Law”. – The Latvian Herald, No. 93, 15.06.2011 – [enters into force from 16.06.2011]
35
The decision on the recognition of such return decision or removal order may
be appealed by the foreigner by submitting an application to the court. The application
does not suspend the operation of the decision.
The State Border Guard shall inform the relevant Member State, which has
taken the return decision or removal order, on the enforcement of return decision or
removal order by another Member State.
If, having assessed the case circumstances, the foreigner to be returned is a
subject to entry ban, information about such person is entered in the Schengen
Information System (SIS), and the State Border Guard exchanges the information on
returned persons via FRONTEX by means of reports.
The said amendments decrease the administrative load of the involved
authorities during the return procedure, and allow more efficient control of the
enforcement of administrative documents on the return taken by Member States.
Liaison officers
For the cooperation with migrant transit countries and countries of origin, the
State Border Guard liaison officers on immigration issues, by representing the
interests of Latvia, Lithuania, and Estonia, continued their work in Georgia, Belarus,
and Russia88 also in 2011.
5.2. Return
Voluntary return
Together with the amendments to the Immigration Law89, the requirements of
the Return Directive were transposed, int.al., the voluntary return principle was
secured, the procedures of the detention and return of foreigners was prescribed, as
well as some minor technical amendments was made.
The amendments to the Immigration Law extend the former opportunity for
foreigners to apply for voluntary return by providing the possibility to replace the
issued removal order with a return decision and by extending the term of the return
decision, i.e., instead of the former 7 days to 30 days.
88 Liaison officer in Russia performed the official duties till 30 June 2011. 89 Published: The Latvian Herald, No. 93, 15.06.2011 – [enters into force from 16.06.2011]
36
A new provision has also been introduced: the official who has issued the
return decision has the right, based on a request by the foreigner, to prolong the
departure term by up to one year.
During one year the number of issued return decisions has increased several
times – from 104 decisions in 2010 to 1004 decisions in 2011. It shall be noted that
the number of return decisions in 2011 does not suggest increase of illegal
immigration as such, but is rather due to the amendments to the Immigration Law,
which stipulates that a return decision shall be issued also to persons, the illegal stay
of which is established at leaving the country, i.e., by crossing the external border.
Previously these persons were imposed an administrative penalty, but no return
decisions were issued.
As until now the return decisions were issued by the Office of Citizenship and
Migration Affairs and the State Border Guard based on territorial principles (the State
Border Guard – in the border area and on the border crossing points, the Office of
Citizenship and Migration Affairs – within the territory of Latvia), the rights of the
State Border Guard officials were extended by allowing to issue a return decision
irrespective of the place where the offence was established.
According to the new amendments to the Immigration Law, the responsibility
of the Office of Citizenship and Migration Affairs and the State Border Guard as for
the issue of return decisions depends on the fact, whether the foreigner has established
a link with the Republic of Latvia, e.g., a residence permit has been issued, relatives
living in Latvia, the foreigner resides in Latvia for more than one year, etc. If any of
the circumstances listed in the Section 41 of the Immigration Law is established and
foreigners’ link with Latvia is proven, the issue of a return decision is in the
competence of the Office of Citizenship and Migration Affairs.
Following the amendments also the procedure of appealing a removal order
and return decision in a court has been specified. A case, which has been initiated on
the basis of an application regarding the decision of an appealed return decision or
removal order, shall be adjudicated by the Administrative District Court in written
procedure, if the foreigner has not requested the case to be adjudicated in oral
procedure. The judgment of the Administrative District Court may be appealed by
submitting a cassation claim to the Department of Administrative Cases of the Senate
of the Supreme Court. A cassation claim shall be adjudicated in written procedure and
it is not subject to the approval of the involved persons of the administrative process.
37
In 2011 the Riga Office of the International Organisation for Migration has
assisted 7390 irregular migrants in leaving Latvia on a voluntary basis by
implementing the project “Preparation of the return and reintegration system in
Latvia” within the assisted voluntary return programme.
Detention and return
Optional forms of detention were identified – mandatory registration at the
State Border Guard or delivery of the travel document. Detention of foreigners shall
only be applied in cases, when it is suspected that a foreigner avoids a procedure of
return, or in case the foreigner exposes danger to the public order and safety. The
detention terms and reasons are also clarified – the total detention term is 6 months, in
special cases, if the foreigner is not cooperative and thus the receipt of a travel
document is hindered, the detention term may be prolonged by another 12 months. To
date the total detention period was 20 months. By prolonging the detention term, the
judges shall evaluate the circumstances established during the procedure of return, as
well as, if the circumstances due to which the foreigner was detained is still in force.
In addition to the amendments to the Immigration Law, the Cabinet of
Ministers Regulations No. 45491 of 21 June 2011 was also adopted. The Regulations
stipulate the sample form of the document for forced return and of the departure
document and the procedures for the issue thereof, and define the term “vulnerable
persons” by setting special provisions as regards to these persons. In addition to the
aforementioned, a one-off benefit amounting to LVL 20,00 was introduced for the
foreigners being returned.
Since up to now, a system monitoring the forced return was not introduced in
Latvia, the function was assigned to the Ombudsman, who has the right to involve
foundations or associations, the aim of which is related to the process monitoring, for
the monitoring of forced return process.
The procedures describing return of unaccompanied minors (in respect to
minor third-country national a separate administrative document on the return from
the Republic of Latvia shall be drafted) and the representation of them within the
return process were clarified.
90 Information by the Riga Office of the International Organisation for Migration. 91 Cabinet of Ministers Regulations No .454 of 21 June 2011 “Regulations Regarding Forced Removal of Third-country Nationals, Departure Document and the Issue Thereof”. – The Latvian Herald, No. 100, 30.06.2011 – [enters into force from 01.07.2011]
38
A significant innovation due to the mentioned amendments related to the
determination of the entry ban. By the determination of the entry ban, this shall be
determined not only on the national level, but also within the Schengen Agreement
States. The entry ban terms were also clarified, i.e., by issuing a return decision or a
removal order the maximum entry ban term is three years (previously – five years).
By transposing the Directive 2003/110/EC92 and the decision 2004/537/EC93,
the Cabinet of Ministers Regulations No. 63094 of 16 August 2011 was passed,
stipulating the following:
the procedures of sending, receiving, and examining the request for transit
by air;
the organisation of assistance measures between the Republic of Latvia
and competent authorities of the Member States in transit airports;
organisation of joint flights for the purposes of forced return by air;
the contact points for information exchange, which is related to ensuring
transit by air and providing assistance thereof, as well as the organisation of joint
flights.
Provision of legal aid
With the amendments to the State Ensured Legal Aid Law95 cases, when a
third-country national is entitled to state ensured legal aid were determined. The Legal
Aid Administration (subordinate to the Ministry of Justice) is responsible for ensuring
the legal aid. Foreigners, who are at liberty, may turn to the Office of Citizenship and
Migration Affairs, while the State Border Guard shall ensure legal aid to the detained
foreigners.
On 23 December 2011 the Cabinet of Ministers Regulations No. 73396 of
27 September 2011 entered into force. The regulations stipulate the sample form of
92 Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air. – Official Journal, L 321, 06.12.2003 93 Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders. – Official Journal, L 261, 06.08.2004 94 Cabinet of Ministers Regulations No.630 of 16 August 2011 “Regulations Regarding the Procedures by Which the Republic of Latvia Shall Receive and Provide Assistance to the European Union Member States and Schengen Agreement States for Forced Return by Air, as well as the Procedures by Which Joint Flights Shall Be Organised Among the European Union Member States and Schengen Agreement States”. – The Latvian Herald No.129, 18.08.2011 – [enters into force from 19.08.2011] 95 Law “Amendments to the State Ensured Legal Aid Law”. – The Latvian Herald, No.132, 24.08.2011 – [enters into force from 07.09.2011] 96 Cabinet of Ministers Regulations No. 733 of 27 September 2011 “Regulations regarding the form of the application for legal aid by the foreigner to be removed and the application form of income”. – The Latvian Herald, No. 155, 30.09.2011 – [enters into force from 23.12.2011]
39
the application for legal aid by the foreigner to be removed and the income
application.
Agreement
On 16 September 2011 an agreement between the government of the Republic
of Latvia and the government of the Republic of Kazakhstan on the readmission of
persons97 was signed; the aim of the document was to improve the prevention of
cross-border illegal migration and promote the facilitation of readmission of persons.
5.3. Actions against human trafficking
In general Latvia is deemed the country of origin of persons involved in
human trafficking, and therefore the responsible authorities have introduced a set of
measures for the prevention of human trafficking and related crimes, in 2011.
Action Plan for the prevention of human trafficking
The Ministry of Interior98 has elaborated an “Action Plan for Latvia to
improve its endeavours in prevention of human trafficking” in September 2011,
laying down such courses of developments: capacity building of responsible officials,
improvement of coordination between involved authorities, guaranty of the state
ensured support and protection to victims of human trafficking, improvement of
identification of victims of human trafficking, implementation of the Programme for
Prevention of Human Trafficking 2009 – 201399, etc.
In order to implement the Programme for Prevention of Human Trafficking
2009 – 2013, a working group100 was established, which is managed and organised by
the Ministry of Interior; the working group consists of experts from various
governmental authorities and non-governmental sector. It ensures continuous
cooperation between all governmental and local authorities and representatives of
97 International document “Agreement between the Republic of Latvia and the Government of the Republic of Kazakhstan on the readmission of persons”. – The Latvian Herald, No. 30, 22.02.2012 98 The Ministry of Interior is the responsible coordinating authority in the field of the prevention and combat of human trafficking. 99 Cabinet of Ministers Decree No. 590 of 27 August 2009 “On the Programme for prevention of human trafficking 2009 —2013”. – The Latvian Herald, No. 138, 01.09.2009 – [enters into force from 27.08.2009] 100 Decree by the Prime Minister No. 207 of 10 June 2011 “On the task Force for the coordination of the implementation of the Programme for prevention of human trafficking 2009 – 2013”. – The Latvian Herald, No. 92, 14.06.2011. – [enters into force from 10.06.2011.]
40
international and non-governmental organisations involved in the prevention and
combat of human trafficking.
Legislative changes
Considering that marriage of convenience which are entered into by force are
deemed to be one of the human trafficking forms, draft law “Amendments to the
Criminal Law”101 were elaborated. The draft law provides for punishment
(deprivation of liberty, fine, or community service) to persons, who maliciosly
ensures legal residence rights (int.al., by concluding marriage of convenience) to
third-country nationals to reside not only in Latvia, but also in other EU, EEA
country, or in the Swiss Confederation.
The Cabinet of Ministers Regulations No. 1016 of 27 December
2011 “Amendments to the Cabinet of Ministers Regulations No. 889 of 31 October
2006 “Regulations Regarding the Procedures, by Which Victims of the Traffic in
Human Beings Receive Social Rehabilitation Services, and the Criteria for the
Recognition of a Person as a Victim of the Traffic in Human Beings””102 stipulate that
the provision of state paid services is coordinated by the Social Integration State
Agency; the regulations specify also that a document, on basis of which the person
could be recognised as a victim of human trafficking may also be a note of a foreign
law enforcement institution, which does not contain an approval that the person is
granted such status, but which however allows to make justifiable conclusion that the
person has suffered from human trafficking.
International cooperation
Taking into account that the issue of marriages of convenience is especially
topical in Ireland (marriages of convenience between women who are Latvian citizens
and third-country nationals are most often entered into in Ireland), the competent
Latvian authorities within limits cooperate with related Irish authorities to solve this
issue.
The cooperation plan concluded on 21 January 2011 between the State Border
Guard and the related Russian authority provides to draw attention to smuggling of
101 Draft law “Amendments to the Criminal Law”. – Available at: http://titania.saeima.lv/LIVS11/saeimalivs11.nsf/0/F8EAF0BB07FCB67AC225793300488419?OpenDocument – [see: 22.02.2012] 102 Published: The Latvian Herald, No. 205, 30.12.2011 – [enters into force from 01.01.2012]
41
inhabitants from the Central and South-Eastern Asia, the Middle East, and Africa over
the Latvia – Russia border by exchanging written and spoken information.103
Training
According to the initiative of the State Police, a professional capacity building
curriculum for 2011 was elaborated in the State Police College in order to improve the
skills and acquirements of the State Police officials from territorial administrations for
the solution of human trafficking cases.
Public information
As part of projects, upon cooperation between governmental authorities104 and
non-governmental organisations105, various public information campaigns on the risks
of human trafficking and consequences of the marriages of convenience are organised
on a regular basis.
One of the most visible campaigns was “Marriage of convenience – a trap!”
organised by the society “Shelter “Safe House””) with support of media and sponsors.
The campaign paid attention to the problems related to a risk of becoming a victim of
human trafficking. During the campaign a survey on the awareness of the society on
the risks of marriages of convenience was carried out. The campaign facilitated also
discussions of policy makers on the necessity to carry out a set of measures
addressing the issue of marriages of convenience (especially those entered into by
force).
103 Source: the State Border Guard. 104 The Ministry of Interior, the Ministry of Foreign Affairs, the Riga City Council, the State Police, etc. 105 Resource Centre “Marta”, society “Shelter “Safe House””, development agency “Pieci” (Five), etc.
42
6. BORDER CONTROL
6.1. Control and surveillance at external borders
Facilitation of the local border traffic
The concluded agreements with Russia106 and Belarus107 on the border-
crossing journeys by persons living in the border area provide both simplified border
crossing and issue of local border traffic permits. Before the agreements entered into
force, persons living in the border area would need a visa in order to cross the border.
Therefore, the Cabinet of Ministers regulations needed to be elaborated, stipulating
the procedures for the issue of local border traffic permits and the list of documents to
be submitted, and the procedures for payment of the state fees.
Thus, on 5 March 2011 the Cabinet of Ministers Regulations No. 159 of
1 March 2011 “Local Border Traffic Permit Regulation”108 entered into force,
defining procedures for registration, revocation, and withdrawal of local border traffic
permits, the scope of information which should be included in and the scope of
information to be included in the electronic information system and the procedures for
use thereof. On 9 July 2011 the Cabinet of Ministers Regulations No. 515109 of
28 June 2011 entered into force, which stipulates the amount of the state fee for the
examination of documents necessary for the requesting local border traffic permit and
the payment procedures, as well as the persons, who are exempt from the payment of
the state fee.
Modern technological means
In order to meet the EU functional requirements as regards the introduction of
biometrics ensuring precise identification of persons and thus decreasing the risks of
106 Cabinet of Ministers Regulations No. 468 of 25 May 2011 “On the agreement between the government of the Republic of Latvia and the government of the Russian Federation on the simplification of border crossing journeys by Latvian and Russian inhabitants living in the border area”. – The Latvian Herald, No. 84, 28.05.2010 – [enters into force from 01.06.2010] 107 Agreement between the government of the Republic of Latvia and the government of the Republic of Belarus on the simplification of border crossing journeys by Latvian and Belarusian inhabitants living in the border area. – The Latvian Herald, No. 194, 09.12.2011 – [enters into force from 01.12.2011] 108 Published: The Latvian Herald, No. 36, 04.03.2011 – [enters into force from 05.03.2011] 109 Cabinet of Ministers Regulations No. 515 of 28 June 2011 “Regulations Regarding the Amount of State Fee for Examination of the Documents Necessary for the Requesting of Local Border Traffic Permits and the Payment Procedures thereof”. – The Latvian Herald, No. 105, 08.07.2011 – [enters into force from 09.07.2011]
43
illegal entry and terrorism, as well as aiming at using of the European Central Visa
Information System (CVIS), several projects were implemented in order to provide
the relevant technical means for the involved authorities.
From 1 June 2010 till 30 June 2011, the Office of Citizenship and
Migration Affairs implemented the 2009 program project of the European External
Borders Fund “Development of National VIS by Ensuring its Compliance with the
Final Version of Technical Documentation provided by the European Commission
and Provision of the Required Training to System Users”.
The following actions were implemented as part of the project:
1) purchased one-finger and four-finger fingerprint scanners for the
processing of biometric data, electronic machine-readable travel document readers,
which ensure one-off reading of optical and electronic data and which allow data
retrieval from no-contact chips;
2) purchased a set of equipment for taking facial image of a person (photo
cameras, stands, software) for the purposes of CVIS;
3) installed search-information system, which shall be used for the visual
control of the authenticity of documents proving the identity of foreigners. The
system contains images of document pages in different lighting conditions,
description of protection elements of the documents and depiction thereof.
The State Border Guard implemented the 2012 program project of the
European External Borders Fund “Linking the National Entry/Exit System with SIS
II. Elaboration of the Technical Design”. As part of the project, relevant software,
licence for linking the National Entry/Exit System with the Schengen Information
System (SIS) was bought in 2011, and a Wi-Fi pilot project in Zilupe and Krāslava
border control points for the implementation of CVIS was brought forward.
The State Border Guard implemented a joint program project of the
European External Borders Fund “Use of Visa Information System and Entry-Exit
System functionality” with Finland, Estonia, and Lithuania; the following actions
were implemented as part of the project:
1) commissioned Wi-Fi data transmission network in Zilupe railroad border
control point and Terehova border control point;
2) purchased portable devices for the control of documents;
3) modifications and additions were made to the State Border Guard
electronic information system, considering the CVIS implementation;
44
4) purchased licenses to ensure the linking of the State Border Guard
electronic information system with the NVIS.
As part of the already running contract with the U.S. Department of
Energy110, in 2011 stationary radiometric devices were installed in Zilupe railroad
border control point (on the border with Belarus) for the radiometric control of trains,
as well as in the Riga Trade Port and international airport “Riga” border crossing
points for the radiometric control of passengers and their luggage.
6.2. Cooperation in border control
Application of the Visa Code111, implementation of the Visa Information System
During 2011 requirements set in the Visa Code was continued to be transposed
within the national laws. In order to meet the requirements contained within the
Article 58(5) of the Visa Code, which stipulates that the Member States shall apply
the appeal procedures for decisions of refused, revoked and withdrawn visas from
5 April 2011, the Section 17 of the Immigration Law112 was amended by stipulating
specifying the procedures how decisions on refusals of short-stay visas are appealed.
On 14 September 2011, the Cabinet of Ministers Regulations No. 676 of
30 August 2011 “Visa Regulations”113 entered into force; the regulations stipulate the
following:
procedures for requesting, issuing, registering, extending, annulling, or
revoking a visa, and periods of validity of visas;
amount of information to be included within the National Visa Information
System and Visa Register, and the term for the storage of such data;
procedures for use of the Visa Information System, the National Visa
System and Visa Register;
110 Contract signed between the Ministry of Interior of the Republic of Latvia and the U.S. Department of Energy on the cooperation in the field of prevention of illegal transportation of nuclear and other radioactive materials. — [not published] 111 Regulation No. 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas. – Official Journal, L 243/1, 15.09.2009 – [to be applied from 05.04.2010] 112 Law “Amendments to the Immigration Law”. – The Latvian Herald, No. 93, 15.06.2011 – [enters into force from 16.06.2011] 113 Published: The Latvian Herald, No. 144, 13.09.2011 – [enters into force from 14.09.2011]
45
border crossing points where a visa may be issued in accordance with the
Visa Code.
Starting from 11 October 2011, the first VIS roll-out was launched, where the
Embassy of Latvia in Egypt takes part. Visa applicants shall be taken fingerprints
(10 fingers) and the information is entered in the CVIS. By making use of the
information contained in the information system and in cases the identity of the visa
holder is doubted, the compatibility of biometric data may be verified by checking the
fingerprints of the one, two, or four fingers.
In 2011 new functions were added to the NVIS, i.e., VIS MAIL was
introduced, while the existing VISION114 tool was improved.
E-application forms for a Schengen visa and a new Register of Invitations
From 5 December 2011, diplomatic and consular missions of Latvia in Russia,
Belarus, Ukraine, Georgia, Azerbaijan, Uzbekistan, and Kazakhstan started accepting
electronically filled-in applications (e-application) for receipt of Schengen visas.
The service has made the work of Latvian missions abroad easier by allowing
to fill in the application for a Schengen visa on the websites of the Ministry of Foreign
Affairs, its missions, and the Office of Citizenship and Migration Affairs, as well as to
book an appointment to the missions. As part of the e-service, a separate section for
tourism agencies has been created, where the Schengen visa applications may be
processed all at a time. The missions may now configure the e-service according to
their needs and retrieve data from e-forms for the creation of new NVIS applications.
The new Register of Invitations replaces the outdated Invitation Database,
which is used in visa issuance process. The Register of Invitations is used to store
information about persons, which are invited to enter and reside in Latvia and other
Schengen Agreement States. The stored information about the invited persons will be
used for the simplification of visa issuance and receiving process, and for the
prevention of the illegal migration risk. The Register of Invitations includes data on
invitations and sponsorships.
Visa representation
In 2011 the Ministry of Foreign Affairs has concluded visa representation
agreements with Slovakia and Austria.
114 VISION and VIS MAIL are consulting tools between the Member States as regards the visa issue.
46
The agreements provides that starting from 18 May 2011 Austria represents
Latvia on issuance of Schengen visas in Australia, Venezuela, Ethiopia, and Malaysia,
while starting from 1 December 2011 Slovakia represents Latvia in Romania, South
Korea, Mexico, and Latvia represents now Slovakia in Azerbaijan.
Training
In order to prevent the possible problems affecting the processing of
information in NVIS, to simplify and improve registration of visa applications and
visa issuance, as well as to provide knowledge to current and future users of NVIS,
the Office of Citizenship and Migration Affairs implemented the project of the
European External Borders Fund “Elaboration of a handbook on the best visa issuing
practice” from 1 October 2010 till 30 June 2011. As a result of the project, an
electronic tool or a Handbook, which is a site containing electronic materials and is
available to NVIS users, was elaborated.
Considering the modifications to NVIS, within the project “Development of
National VIS by Ensuring its Compliance with the Final Version of Technical
Documentation provided by the EC and Provision of the Required Training to System
Users”115, the employees of the Office of Citizenship and Migration Affairs, the State
Border Guard, and the Ministry of Foreign Affairs were trained on working with the
new NVIS software version. In total 121 persons participated in the training course.
The training courses covered the following topics: registration of Schengen flow visa
applications, searching a person in the CVIS, input of visa application parameters,
data of the visa applicant, biometrics (facial image and fingerprints), etc.
Cooperation with FRONTEX and third countries
In 2011 the State Border Guard participated in the joint operations organised
by FRONTEX by ensuring the monitoring of the sea and land border, thus decreasing
the risks of illegal migration, and by providing support to identification and
repatriation of irregular migrants (“POSEIDON 2011 Land”, “POSEIDON
2011 Sea”, and “ATTICA 2011”).
The State Border Guard provides support also to the other Member States by
involving experts and technical equipment in the FRONTEX operations in order to
improve the coordination of the border control, ensure exchange of information and
border control between the border control points, increase the coordination of 115 The program project was implemented by the Office of Citizenship and Migration Affairs from 1 June 2010 till 30 June 2011.
47
operational cooperation, thus increasing the efficiency of border control in the Eastern
Europe region (“FOCAL POINTS 2011”, “JUPITER 2011”, “NEPTUNE 2011”, and
“METEOR 2011”).
In 2011 the State Border Guard continued its cooperation with the former
USSR countries, especially with Russia, Belarus, Ukraine, Georgia, Armenia, and
Azerbaijan. The cooperation is ensured in the frameworks of concluded bilateral
agreements, and implemented programmes and projects by international organisations
(TAIEX116, International Organisation for Migration, European Commission, etc.).
116 Technical Assistance and Information Exchange Office.
48
7. INTERNATIONAL PROTECTION AND ASYLUM
The number of asylum seekers in Latvia, if compared to the previous year, has
quintupled, i.e. it has grown from 65 applications in 2010 to 340 applications in
2011.117 The largest increase was observed in the number of applications from
Georgia – 175 persons, most of who had already applied for asylum and were rejected
by Poland or Belarus. The number of asylum seekers from Congo, Iran, Syria, and
Lebanon has also increased.
Upon analysis of the submitted applications, it shall be noted that in most
cases the reasons a person is applying for asylum are not related to the change of
situation in the country of origin of the asylum seekers. For example, as regards the
Georgian citizens it was established that the most common reason for applying for the
asylum was the interest to improve their economic welfare. Considering the growth of
the number of asylum seekers from Georgia and Congo, it shall be concluded that the
entry routes of mentioned persons to the EU have changed, if compared to previous
years.
Although the number of asylum seekers has increased significantly, no
changes have been introduced to national laws stipulating the asylum issues.
Table 7-1 Number of asylum seekers
by nationality, 2008 —2011 No. Nationality 2008 2009 2010 2011 1. Georgia 15 0 0 175 2. Congo 0 0 5 40 3. Russia 5 5 5 20 4. Iran 0 5 0 15 5. Syria 5 5 0 15 6. Cameroon 0 0 0 10 7. Lebanon 0 0 0 10 8. Algeria 0 0 0 5 9. Uzbekistan 0 10 0 5 10. Afghanistan 10 20 25 5 Total 55 60 65 340 Source: Eurostat (data rounded to the nearest 5)
117 Source: Eurostat.
49
Improvement of the asylum system and cooperation
On 12 January 2011, the State Border Guard and a representative of the
UNHCR Regional Office for the Baltic and Nordic Countries signed a memorandum
of understanding for the facilitation of the cooperation between both authorities.
According to the agreement, the UNHCR Regional Office for the Baltic and Nordic
Countries may monitor how the State Border Guard ensures the respect of persons
rights who are in need of international protection, including the entry of such persons
in the Republic of Latvia, ensuring their rights as regards access to national asylum
procedure, accommodation circumstances of asylum seekers, voluntary return, and the
return of persons, which are refused international protection.118
As part of various projects, several measures for the improvement of the
functionality of the current asylum system have been taken in 2011. Within the
framework of Programme on solidarity and management of migration flows for the
period 2007 – 2013 of the European Refugee Fund, several measures were
implemented:
the Office of the Citizenship and Migration Affairs as part of the project
“Training of the employees of the Office of the Citizenship and Migration Affairs”119
organised a seminar on operation of the Asylum Law120 and the application thereof,
by analysing the asylum seekers’ cases, on the rights and duties of asylum seekers in
Latvia, and about the significance of the Dublin Regulation121 within the asylum
procedure. Another seminar addressed the intercultural communication and awareness
raising on other cultures and religions;
from 1 January till 30 June 2011, the Latvian Centre for Human Rights
implemented the project “Legal aid for asylum seekers in Latvia”; 15 asylum seekers
were provided with legal aid (oral and written consultations on site, visits to the
accommodation sites of asylum seekers, representation in court, preparation of
appeals, preparation of applications for submission to courts, preparation of other
applications and request letters).122
In response to the request from the European Asylum Support Office on
providing information about experts included in the state reserve, who may be 118 Source: the State Border Guard. 119 Project implemented from 12 July 2010 till 30 June 2011. 120 Asylum Law. – The Latvian Herald, No. 100, 30.06.2009 – [enters into force from 14.07.2009] 121 Council Regulation No. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national. – Official Journal, L 50/1, 25.02.2003 122 Available at: http://www.humanrights.org.lv/html/30456.html?yr=2011 – [see: 10.04.2012]
50
assigned for participation in support groups, Latvia has nominated representatives
from the State Border Guard, which will participate in the support group responsible
for the registration and control in case of mixed migration flows, while officials from
the Office of Citizenship and Migration Affairs shall be involved in the support group
as regards the asylum system quality administration, management, and the asylum
seekers’ country of origin information.
Following the decree No. 2124123 of 7 December 2011 of the Ministry of
Interior, an interinstitutional working group has been established for elaborating a
plan containing a set of measures in case of mass entry of asylum seekers in Latvia
due to a crisis situation abroad; the plan shall be submitted to the Cabinet of Ministers
by 1 March 2012.
Publications
In 2011 the Latvian Centre for Human Rights has elaborated the following:
• a study on the access to education in Latvia by asylum seekers, refugees,
and persons with alternative status124 with the aim to study the opportunities, needs,
and problems of asylum seekers, refugees, and persons with alternative status
acquiring education in Latvia. The study addresses issues on the access of minor and
adult persons to various education establishments;
• a report on the detention and options of detention of asylum seekers,125
which analysis the level of compatibility of the detention of asylum seekers in Latvia
with the national, European, and international standards. The report provides an
independent assessment of the law and application thereof. The report is based on a
legal analysis.
123 Not published. The decree has been issued according to the task contained within Clause 2 of the meeting minutes No. 67, 65§ „Informative report on actions as regards the asylum seekers” of 15 November 2011 of the Cabinet of Ministers. 124 Available at: http://www.humanrights.org.lv/html/aktual/publ/30459.html?yr=2011 – [see: 10.04.2012] 125 Available at: http://www.humanrights.org.lv/html/aktual/publ/30681.html?yr=2011 – [see: 25.04.2012]
51
8. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS
The amendments to national laws in 2011 clarified the rights of
unaccompanied minors in the return procedure, defined the term “vulnerable persons”
by introducing special provisions as regards to these persons, and specified the
procedure for the forced return of such persons.
With the amendments to the Immigration Law126, which were due to
transposing of the Return Directive, was established that also as regards to a minor
foreigner irrespective of that, whether he or she is or is not accompanied, a separate
administrative document on return, which may be appealed in court, is adopted.
The amendments provides also the operation and cooperation of relevant
authorities in case unaccompanied minor foreigner is identified aiming to provide
children’s rights.
Following the amendments to the Immigration Law, the Cabinet of Ministers
Regulations No. 454 of 21 June 2011 “Regulations Regarding Forced Removal of
Third-country Nationals, Departure Document and the Issue Thereof”127 were
adopted. Vulnerable persons according to the regulations are minor third-country
nationals, disabled people, third-country nationals who have reached the age when
old-age pension is granted in the Republic of Latvia, pregnant women, single-parent
families (father or mother only) with minor children and persons, who have been
subjected to serious psychological, physical or sexual violence.
According to the regulations, a forced return of a vulnerable person may be
carried out by convoying the person as far as the place of residence of the third-
country national or a specialised institution in the country of destination by evaluating
the need to hand over the vulnerable person to a family member, legal representative
or the representative of a specialised institution.
The foreigner to be returned shall receive a one-off benefit of LVL 20 to cover
catering and transportation costs. The benefit was introduced, since it was established
that the foreigners to be returned mostly have no money and cannot afford buying
126 Law “Amendments to the Immigration Law”. – The Latvian Herald, No.93, 15.06.2011 – [enters into force from 16.06.2011] 127 Published: The Latvian Herald, No.100, 30.06.2011 – [enters into force from 01.07.2011]
52
food during the return procedure or domestic transportation tickets when back in the
country of origin.
53
9. GLOBAL APPROACH TO MIGRATION
Although there have been introduced no direct measures of the global
approach to migration in Latvia in 2011, Latvia is of the opinion that it is necessary to
continue strengthening and developing the concept of the global approach to
migration. Considering the geographical balance, Latvia continues improving the
development of cooperation with Eastern countries (Georgia, Armenia, Azerbaijan,
Croatia, Belarus, Ukraine, and Russia).
Latvia is of the opinion that a key aspect for securing efficient management of
migration flows is the combat against illegal migration, and therefore it is necessary
on regular basis to maintain dialog with the third countries as regards to the issue.
On 16 September 2011 an agreement between the government of the Republic
of Latvia and the government of the Republic of Kazakhstan on the readmission of
persons128 was signed; the aim of the document is to improve the prevention of cross-
border illegal migration and to promote facilitation of readmission of persons.
One of the priorities of the State Border Guard in 2011 was the extension of
bilateral cooperation with the countries of Mid-Asia and Caucasus as the countries of
origin and transit of illegal immigration; the Office of Citizenship and Migration
Affairs has welcomed representatives from the Programme Administration Office of
Azerbaijan and a delegation from the Azerbaijan Migration Service by developing
their cooperation with the Caucasus countries, and has initiated the idea of common
projects.
128 Published: The Latvian Herald, No. 30, 22.02.2012.
54
10. IMPLEMENTATION OF THE EU LEGISLATION
In this chapter in a transparent manner is summarized a process of
implementation of EU legislation in the national laws of Latvia in 2011.
EU legislation National laws and regulations129, which include the EU requirements
1. Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals
• Immigration Law; • State Ensured Legal Aid Law; • Cabinet of Ministers Regulations No. 454 of 21 June 2011 “Regulations Regarding Forced Removal of Third-country Nationals, Departure Document and the Issue Thereof”; • Cabinet of Ministers Regulations No. 630 of 16 August 2011 “Regulations Regarding the Procedures by Which the Republic of Latvia Shall Receive and Provide Assistance to the European Union Member States and Schengen Agreement States for Forced Return by Air, as well as the Procedures by Which Joint Flights Shall Be Organised Among the European Union Member States and Schengen Agreement States”.
2. Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment
• Immigration Law; • Cabinet of Ministers Regulations No. 553 of 21 June 2010 “Regulations Regarding Work Permits for Third-country Nationals”; • Cabinet of Ministers Regulations No. 550 of 21 June 2010 “Regulations regarding the Amount of Necessary Financial Means for a Foreigner and Procedures for the Determination of the Existence of Financial Means”; • law “On the Status of a Long-term Resident of the European Community in the Republic of Latvia”; • Support for Unemployed Persons and Persons Seeking Employment Law.
3. Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country
• Latvian Administrative Violations Code; • Labour Law; • Criminal Law; • Associations and Foundations Law; • Immigration Law.
129 Note: the introduction of the requirements of EU legislation within national laws and regulations is ensured by introducing amendments to the same.
55
nationals 4. Directive 2004/38/EC of the
European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States
• Cabinet of Ministers Regulations No. 675 of 30 August 2011 “Procedures for the Entry and Residence in the Republic of Latvia of Citizens of the Union and their Family Members”.
5. Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services
• Cabinet of Ministers Regulations No. 243 of 29 March 2011 “Procedures for the Entry into and Residence in the Republic of Latvia of Citizens of European Union Member States, European Economic Area States and the Swiss Confederation, and their Family Members”.
Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders;
6.
Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air
• Cabinet of Ministers Regulations No. 630 of 16 August 2011 “Regulations Regarding the Procedures by Which the Republic of Latvia Shall Receive and Provide Assistance to the European Union Member States and Schengen Agreement States for Forced Return by Air, as well as the Procedures by Which Joint Flights Shall Be Organised Among the European Union Member States and Schengen Agreement States”.
7. Regulation No. 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas
• Immigration Law; • Cabinet of Ministers Regulations No. 676 of 30 August 2011 “Visa Regulations”.
8. Regulation No. 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)
• Cabinet of Ministers Regulations No. 676 of 30 August 2011 “Visa Regulations”.
9. Regulation No. 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)
• Cabinet of Ministers Regulations No. 676 of 30 August 2011 “Visa Regulations”.
10. Regulation No. 265/2010 of the • Cabinet of Ministers Regulations No. 676 of
56
European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation No. 562/2006 as regards movement of persons with a long-stay visa
30 August 2011 “Visa Regulations”.
57
11. LIST OF USED LITERATURE AND SOURCES
Sources:
1. Agreement between the government of the Republic of Latvia and the government of the Republic of Belarus on the simplification of border crossing journeys by Latvian and Belarusian inhabitants living in the border area. – The Latvian Herald, No. 194, 09.12.2011 – [enters into force from 01.12.2011]
2. Asylum Law. – The Latvian Herald, No. 100, 30.06.2009 – [enters into force from 14.07.2009]
3. Cabinet of Ministers Regulations No. 586 of 18 July 2006 „Procedures for the Entry into and Residence in the Republic of Latvia of Citizens of European Union Member States, European Economic Area States and the Swiss Confederation, and their Family Members”. – The Latvian Herald, No. 114, 20.07.2006 – [enters into force from 21.07.2006; null and void from 14.04.2011]
4. Cabinet of Ministers Decree No. 590 of 27 August 2009 „On the Programme for prevention of human trafficking 2009 —2013”. – The Latvian Herald, No. 138, 01.09.2009 – [enters into force from 27.08.2009]
5. Cabinet of Ministers Regulations No. 468 of 25 May 2011 „On the agreement between the government of the Republic of Latvia and the government of the Russian Federation on the simplification of border crossing journeys by Latvian and Russian inhabitants living in the border area”. – The Latvian Herald, No. 84, 28.05.2010 – [enters into force from 01.06.2010]
6. Cabinet of Ministers Regulations No. 550 of 21 June 2010 “Regulations regarding the Amount of Necessary Financial Means for a Foreigner and Procedures for the Determination of the Existence of Financial Means”. – The Latvian Herald, No. 100, 28.06.2010 – [enters into force from 01.07.2010]
7. Cabinet of Ministers Regulations No. 553 of 21 June 2010 “Regulations Regarding Work Permits for Third-country Nationals”. – The Latvian Herald, No. 100, 28.06.2010 – [enters into force from 01.07.2010]
8. Cabinet of Ministers Regulations No. 564 of 21 June 2010 “Regulations Regarding Residence Permits”. – The Latvian Herald, No. 101, 29.06.2010 – [enters into force from 01.07.2010]
9. Cabinet of Ministers Regulations No. 26 of 11 January 2011 “Amendments to the Cabinet of Ministers Regulations No. 553 of 21 June 2010 “Regulations Regarding Work Permits for Third-country Nationals””. – The Latvian Herald, No. 9, 18.02.2011 – [enters into force from 01.02.2011]
10. Cabinet of Ministers Regulations No. 159 of 1 March 2011 “Local Border Traffic Permit Regulation”. – The Latvian Herald, No. 36, 04.03.2011 – [enters into force from 05.03.2011]
11. Cabinet of Ministers Regulations No. 243 of 29 March 2011 “Procedures for the Entry into and Residence in the Republic of Latvia of Citizens of European Union Member States, European Economic Area States and the Swiss Confederation, and their Family Members”. – The Latvian Herald, No. 58, 13.04.2011 – [enters into force from 14.04.2011; null and void from 01.09.2011]
58
12. Cabinet of Ministers Regulations No. 454 of 21 June 2011 “Regulations Regarding Forced Removal of Third-country Nationals, Departure Document and the Issue Thereof”. – The Latvian Herald, No. 100, 30.06.2011 – [enters into force from 01.07.2011]
13. Cabinet of Ministers Regulations No. 490 of 21 June 2011 “Amendments to the Cabinet of Ministers Regulations No. 550 of 21 June 2010 “Regulations regarding the Amount of Necessary Financial Means for a Foreigner and Procedures for the Determination of the Existence of Financial Means””. – The Latvian Herald, No. 99, 29.06.2011 – [enters into force from 30.06.2011]
14. Cabinet of Ministers Regulations No. 515 of 28 June 2011 “Regulations Regarding the Amount of State Fee for Examination of the Documents Necessary for the Requesting of Local Border Traffic Permits and the Payment Procedures thereof”. – The Latvian Herald, No. 105, 08.07.2011 – [enters into force from 09.07.2011]
15. Cabinet of Ministers Regulations No. 520 of 5 July 2011 “Procedures of submission and review of an application for the acknowledgement of a child as a Latvian citizen”. – The Latvian Herald, No. 105, 08.07.2011 – [enters into force from 09.07.2011]
16. Cabinet of Ministers Regulations No. 521 of 5 July 2011 “Procedures for the Receipt and Examination of Applications for Naturalisation”. – The Latvian Herald, No. 105, 08.07.2011 – [enters into force from 09.07.2011]
17. Cabinet of Ministers Regulations No. 522 of 5 July 2011 “Regulations Regarding Testing of Fluency in the Latvian Language and the Knowledge of the Basic Principles of the Constitution, the Text of the National Anthem and the History of Latvia as prescribed by the Citizenship Law”. – The Latvian Herald, No. 105, 08.07.2011 – [enters into force from 09.07.2011]
18. Cabinet of Ministers Regulations No. 582 of 26 July 2011 “Amendments to the Cabinet of Ministers Regulations No. 553 of 21 June 2010 “Regulations Regarding Work Permits for Third-country Nationals””. – The Latvian Herald, No. 117, 28.07.2011 – [enters into force from 29.07.2011]
19. Cabinet of Ministers Regulations No. 593 of 2 August 2011 “Amendments to the Cabinet of Ministers Regulations No. 564 of 21 June 2010 “Regulations Regarding Residence Permits””. – The Latvian Herald, No. 122, 05.08.2011 – [enters into force from 06.08.2011]
20. Cabinet of Ministers Regulations No. 630 of 16 August 2011 “Regulations Regarding the Procedures by Which the Republic of Latvia Shall Receive and Provide Assistance to the European Union Member States and Schengen Agreement States for Forced Return by Air, as well as the Procedures by Which Joint Flights Shall Be Organised Among the European Union Member States and Schengen Agreement States”. – The Latvian Herald, No. 129, 18.08.2011 – [enters into force from 19.08.2011]
21. Cabinet of Ministers Regulations No. 675 of 30 August 2011 “Procedures for the Entry and Residence in the Republic of Latvia of Citizens of the Union and their Family Members”. – The Latvian Herald, No. 141, 07.09.2011 – [enters into force from 08.09.2011]
22. Cabinet of Ministers Regulations No. 676 of 30 August 2011 “Visa Regulations”. – The Latvian Herald, No. 144, 13.09.2011 – [enters into force from 14.09.2011]
59
23. Cabinet of Ministers Regulations No. 733 of 27 September 2011 „Regulations Regarding the Form of the Application for Legal Aid by the Foreigner to be Removed and the Application Form of Income”. – The Latvian Herald, No. 155, 30.09.2011 – [enters into force from 23.12.2011]
24. Cabinet of Ministers Decree No. 542 of 20 October 2011 „On the Guidelines on National Identity, Civil Society and Integration Policy (2012—2018)”. – The Latvian Herald, No. 167, 21.10.2011 – [enters into force from 20.10.2011]
25. Cabinet of Ministers Regulations No.875 of 8 November 2011 “Amendments to the Cabinet of Ministers Regulations No. 811 of 3 October 2006 “By-law of the Office of Citizenship and Migration Affairs””. – The Latvian Herald, No. 178, 10.11.2011 – [enters into force from 11.11.2011]
26. Cabinet of Ministers Regulations No. 894 of 22 November 2011 „Procedures for Determining and Recovering of Expenses which have arisen due to the Forced Return, Detention and Holding under Temporary Custody of a Foreigner or Returning of a Foreigner to the Country, which Takes the Person back”. – The Latvian Herald, No. 185, 24.11.2011 – [enters into force from 25.11.2011]
27. Cabinet of Ministers Regulations No. 1016 of 27 December 2011 “Amendments to the Cabinet of Ministers Regulations No. 889 of 31 October 2006 “Regulations Regarding the Procedures, by Which Victims of the Traffic in Human Beings Receive Social Rehabilitation Services, and the Criteria for the Recognition of a Person as a Victim of the Traffic in Human Beings””. – The Latvian Herald, No. 205, 30.12.2011 – [enters into force from 01.01.2012]
28. Citizenship Law. – The Latvian Herald, No. 93, 11.08.1994 – [enters into force from 25.08.1994]
29. Contract signed between the Ministry of the Interior of the Republic of Latvia and the U.S. Department of Energy on the cooperation in the field of prevention of illegal transportation of nuclear and other radioactive materials. – [not published]
30. Criminal Law. – The Latvian Herald, No. 199/200, 08.07.1998 – [enters into force from 01.04.1999]
31. Decree by the Prime Minister No. 207 of 10 June 2011 „On the task Force for the coordination of the implementation of the Programme for prevention of human trafficking 2009 – 2013”. – The Latvian Herald, No. 92, 14.06.2011 – [enters into force from 10.06.2011]
32. Decree No. 2 by the President of Latvia of 28 May 2011 „On the Dissolution of the Saeima”. – The Latvian Herald, No. 83, 29.05.2011 – [enters into force from 28.05.2011]
33. Draft law „Amendments to the Criminal Law”. – Available at: http://titania.saeima.lv/LIVS11/saeimalivs11.nsf/0/F8EAF0BB07FCB67AC225793300488419?OpenDocument – [see: 22.02.2012]
34. Immigration Law. – The Messenger, No. 169, 20.11.2002 – [enters into force from 01.05.2003]
35. International document „Agreement between the Republic of Latvia and the Government of the Republic of Kazakhstan on the readmission of persons”. – The Latvian Herald, No. 30, 22.02.2012
36. Labour Law. – The Latvian Herald, No. 105, 20.06.2011 – [enters into force from 01.06.2001]
60
37. Latvian Administrative Violations Code. – The Messenger, No. 51, 20.12.1984 – [enters into force from 01.07.1985]
38. Law “Amendments to the Associations and Foundations Law”. – The Latvian Herald, No. 103, 06.07.2011 – [enters into force from 20.07.2011]
39. Law “Amendments to the Criminal Law”. – The Latvian Herald, No. 99, 29.06.2011 – [enters into force from 13.07.2011]
40. Law “Amendments to the Immigration Law”. – The Latvian Herald, No. 74, 12.05.2010 – [enters into force from 01.07.2010]
41. Law “Amendments to the Immigration Law”. – The Latvian Herald, No. 93, 15.06.2011 – [enters into force from 16.06.2011]
42. Law “Amendments to the Labour Law”. – The Latvian Herald, No. 103, 06.07.2011 – [enters into force from 20.07.2011]
43. Law “Amendments to the Latvian Administrative Violations Code”. – The Latvian Herald, No. 183, 17.11.2010 – [enters into force from 01.01.2011]
44. Law “Amendments to the Latvian Administrative Violations Code”. – The Latvian Herald, No. 103, 06.07.2011 – [enters into force from 20.07.2011]
45. Law “Amendments to the Law “On the Determination of the Status of Politically Repressed Suffered during the Communist and Nazi Regimes””. – The Latvian Herald, No. 59, 14.04.2011 – [enters into force from 01.07.2011]
46. Law “Amendments to the Law “On the Status of a Long-term Resident of the European Community in the Republic of Latvia””. – The Latvian Herald, No. 117, 28.07.2011 – [enters into force from 11.08.2011]
47. Law “Amendments to the State Ensured Legal Aid Law”. – The Latvian Herald, No. 132, 24.08.2011 – [enters into force from 07.09.2011]
48. Law “Amendments to the Support for Unemployed Persons and Persons Seeking Employment Law”. – The Latvian Herald, No. 96, 21.06.2011 – [enters into force from 05.07.2011]
49. Law “On the Framework Convention for the Protection of National Minorities”. – The Latvian Herald, No. 85, 31.05.2005 – [enters into force from 01.06.2005]
50. Law “On the Status of a Long-term Resident of the European Union in the Republic of Latvia”. – The Latvian Herald, No. 107, 07.07.2006 – [enters into force from 21.07.2006]
51. Law “On the Status of those Former U.S.S.R. Citizens who do not have the Citizenship of Latvia or that of any Other State”. – The Latvian Herald, No. 63, 25.04.1995 – [enters into force from 09.05.1995]
52. Report on the implementation and results of the provisions according to Section 23(1) Clause 3, Clause 28, Clause 29, and Clause 30 of the Immigration law. – Available at: http://www.mk.gov.lv/doc/2005/IEMInf_300811_investori.2132.doc – [see: 29.03.2012]
53. Report on the development of the national economy. – The Ministry of Economics – Available at: http://www.em.gov.lv/images/modules/items/tsdep/zin_2011_2/zin_2011_dec.pdf – [see: 27.03.2012]
61
54. The agenda of the extraordinary Saeima meeting on 25 October 2011. – Available at: http://titania.saeima.lv/LIVS11/SaeimaLIVS2_DK.nsf/DK?ReadForm&nr=a331a884-700c-46ec-98d7-2a309d047ff0 – [see: 02.12.2011]
55. The Constitution of the Republic of Latvia (Satversme). – The Latvian Herald, No. 43, 01.07.1993 – [enters into force from 07.11.1922]
56. Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders. – Official Journal, L 261, 06.08.2004
57. Council Decision No. 2008/381/EC of 14 May 2008 establishing a European Migration Network. – Official Journal, L 131, 21.05.2008
58. Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals. – Official Journal, L 149, 02.06.2001
59. Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents. – Official Journal, L 016, 23.01.2004
60. Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air. – Official Journal, L 321, 06.12.2003
61. Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. – Official Journal, L 155/17, 18.06.2009
62. Council Regulation No. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national. –Official Journal, L 50/1, 25.02.2003
63. Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. – Official Journal, L 018, 21.01.1997
64. Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. – Official Journal, L 158, 30.04.2004
65. Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work. – Official Journal, L 327, 05.12.2008
66. Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals. – Official Journal, L 348, 24.12.2008
67. Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals. – Official Journal, L 168, 30.06.2009
62
68. European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, was established with the Council Regulation No. 2007/2004 of 26 October 2004. – Official Journal, L 349/1, 25.11.2004
69. Regulation No. 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code). – Official Journal, L 105, 13.04.2006
70. Regulation No. 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation). – Official Journal, L 218/60, 13.08.2008
71. Regulation No. 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas. – Official Journal, L 243/1, 15.09.2009 – [to be applied from 05.04.2010]
72. Regulation No. 265/2010 of the European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation No. 562/2006 as regards movement of persons with a long-stay visa. – Official Journal, L 85/1, 31.03.2010
73. Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on 13 December 2007. – Official Journal, C 306, 17.12.2007
Literature: 1. Advokāts: vajag kārtību gadījumiem, kad valsts ir bez „galvas” un „kakla” (Lawyer: we need a procedure for cases, when the state is without the “head” and “neck”). – Available at: http://www.apollo.lv/portal/news/articles/239740 – [see: 02.12.2011]
2. Aicinām uz konferenci: „Imigrantu integrācija Latvijā: nolemtība vai iespēja?” (Invitation to the conference: „Migrant integration in Latvia: a doom or an opportunity?”). – Available at: http://www.providus.lv/public/27508.html – [see: 12.12.2011]
3. Dombrovska runa Vienotības dibināšanā (Dombrovskis’ speech on the day “Vienotība” was founded). – Available at: http://valdisdombrovskis.lv/dombrovska-runa-vienotibas-dibinasana – [see: 26.03.2012]
4. Dombrovskis pieņem Mūrnieces demisiju (Dombrovskis accepts the resignation of Murniece). – Available at: http://www.diena.lv/sabiedriba/politika/dombrovskis-pienem-murnieces-demisiju-768415 – [see: 05.12.2011]
5. Ierobežojumi imigrantu bērnu tiesībām Latvijā (Limitations of the immigrants’ children rights in Latvia). – Available at: http://politika.lv/temas/sabiedribas_integracija/19006/ – [see: 05.12.2011]
6. Imigrantu integrācija Latvijā: valsts valodas apguve un pilsoniskā izglītība (Integration of immigrants in Latvia: learning the official language and civic education). – Available at: http://politika.lv/temas/sabiedribas_integracija/19005/ – [see: 05.12.2011]
63
7. Nodibina Zatlera Reformu partiju; eksprezidentu ievēl par priekšsēdi (Zatlera Reformu partija is founded; the ex-president is elected for the chairman thereof). – Available at: http://www.delfi.lv/news/national/politics/nodibina-zatlera-reformu-partiju-eksprezidentu-ievel-par-priekssedi-plkst2210.d?id=39734803 – [see: 26.03.2012]
8. Nolemj likvidēt Tautas partiju (Decide to liquidate the party “Tautas partija”). – Available at: http://www.tvnet.lv/zinas/latvija/384154
9. Par parakstu vākšanas likuma „Grozījumi Latvijas Republikas Satversmē” ierosināšanai rezultātu (On the results of the initiation of the law „Amendments to the Constitution of the Republic of Latvia”). – Available at: http://web.cvk.lv/pub/public/30044.html – [see: 05.12.2011]
10. Pliners: mācības tikai latviešu valodā uzkurinās starpnacionālu naidu (Pliners: education in Latvian only will raise international hatred). – Available at: http://www.apollo.lv/portal/news/articles/231064 – [see: 05.12.2011]
11. Vienošanās par koalīcijas izveidi (Agreement on the coalition). – Available at: http://valdisdombrovskis.lv/vienosanas-par-koalicijas-izveidi/ – [see: 26.03.2012]
12. „Visu Latvijai!” and „Tēvzemei un Brīvībai/LNNK” apvienošanās kongress (Merge congress of the parties “Visu Latvijai!” and “Tēvzemei un Brīvībai/LNNK”). – Available at: http://www.tb.lv/jaunums/visu-latvijai-un-tevzemei-un-brivibailnnk-apvienosanas-kongress – [see: 26.03.2012]
13. Zatlera Reformu partijas, Vienotības un Nacionālās apvienības vienošanās par reformu un tiesiskuma koalīcijas un valdības izveidošanu (Agreement by Zatlera Reformu partija, Vienotība and the Nacionālā apvienība on the coalition of reforms and rule of law and on the formation of the government). – Available at: http://reformupartija.lv/wp-content/uploads/2011/10/10 – [reviewed on 26.03.2012]
14. 2011. gada 23. jūlija tautas nobalsošana par 10. Saeimas atlaišanu (National Referendum of 23 July 2011 on the dissolution of the Saeima). – Available at: http://www.web.cvk.lv/pub/public/29957.html – [see: 02.12.2011]
15. 11. Saeimas vēlēšanas (Elections of the 11th Saeima). – Available at: http://www.web.cvk.lv/pub/public/30047.html – [see: 02.12.2011]
16. Action Plan of the government for the implementation of the Declaration of the Intended Activities of the Cabinet of Ministers. – Available at: http://www.mk.gov.lv/lv/mk/tap/?pid=40206502&mode=mk&date=2011-02-15 – [see: 05.12.2011]
17. Announcement of the President of Latvia to the Latvian society. – Available at: http://www.apollo.lv/portal/news/articles/239407?ref=news-r-op – [see: 02.12.2011]
18. Declaration of the Intended Activities of the Cabinet of Ministers. – Available at: http://www.mk.gov.lv/lv/mk/darbibu-reglamentejosie-dokumenti/valdibasdek/ – [see: 26.03.2012]
19. Population Census 2011. Key indicators. – Available at: http://www.csb.gov.lv/statistikas-temas/2011gada-tautas-skaitisana-galvenie-raditaji-33608.html – [see: 26.03.2012]
20. Report on the implementation and results of the provisions according to Section 23(1) Clause 3, Clause 28, Clause 29, and Clause 30 of the Immigration law.
64
– Available at: http://www.mk.gov.lv/doc/2005/IEMInf_300811_investori.2132.doc – [see: 29.03.2012]
21. Report on the detention and options of detention of asylum seekers. – Available at: http://www.humanrights.org.lv/html/aktual/publ/30681.html?yr=2011 – [see: 25.04.2012]
22. Study on the access to education by asylum seekers, refuges and persons with subsidiary protection. – Available at: http://www.humanrights.org.lv/html/aktual/publ/30459.html?yr=2011 – [see: 10.04.2012]
23. The agenda of the extraordinary Saeima meeting on 25 October 2011. – Available at: http://titania.saeima.lv/LIVS11/SaeimaLIVS2_DK.nsf/DK?ReadForm&nr=a331a884-700c-46ec-98d7-2a309d047ff0 – [see: 02.12.2011]
