NATIONAL MINORITIES POLICIES IN LITHUANIA:
A SUCCESS STORY?
Part I of II
1. Preface
This text deals with the analysis of the scope of national minority rights in Lithuania. The text will be based on the Lithuanian domestic legislation, international legal mechanisms which Lithuania is a part of as well as works of Lithuanian and international scholars on this issue. Time framework is defined as that from the declaration of the independence of the Republic of Lithuania until now.
2. Introduction
Within 13 years of its independence from 1991 to 2004 the Republic of Lithuania progressed from being a part of the totalitarian Soviet Union to a member state of the EU which is viewed as a union of established European democracies. Lithuania declared itself an independent state from the Soviet Union when on March 11, 1990 “members of the Supreme Council - Reconstituent Seimas (Parliament) of the Republic of Lithuania signed the Act of Restoration of Independent Lithuania.”1 However, Lithuania had to go through the economic and military sanctions of the Soviet government which unsuccessfully attempted to restore its control over the republic.2 Recognitions of Lithuanian independence came only in 1991. The most crucial moment was September 6, 1991 when the Soviet Supreme Council “formally acknowledged Lithuania’s independence.”3 It was not only followed by the reaction of other states to do so but opened Lithuania doors to the accession to the major international organisations such as UN and OSCE.4 On September 10, 1991 Lithuania became a party of the OSCE and one week later on September 17 the country joined the UN. Hence, from this moment on we may speak about Lithuania as a full-fledge independent player at the international arena which acts independently on its own behalf and in its own legal capacity. For further analysis it is important to note that on May 14, 1993 Lithuania became a full member of the Council of Europe5 , an organisation under auspices of which the major European documents on the protection of the national minorities are concluded.
3. Portrait of the Lithuania's Society
3.1. Ethnic division of Lithuania in numbers
First, we illustrate ethnic division of the Lithuania's society which will be made on the base of two tables. The first one contains numerical data on the total number of the Lithuania's population as well as on number of the four biggest ethnic groups: Lithuanians, Poles, Russians and Belarusians.6 The second table will provide their percentage in the structure of the Lithuanian society. The data include results of the Soviet censuses of 1979 and 1989, Lithuania's census of 2001 and data of the Statistics Lithuania for 2009.
Table 1: Lithuania’s population distribution (in thous.)7:
Ethnicity 1979 1989 2001 2009
Lithuanians 2 712.2 2 924.3 2 907.3 2 815.7
Poles 247.0 258.0 235.0 205.5
Russians 303.5 344.5 219.8 165.1
Belarusians 57.6 63.2 42.9 36.1
Total 3 391.5 3 674.8 3 484.0 3 349.9
Table 2: Lithuania’s population ethnic distribution in per cent:
Ethnicity 1979 1989 2001 2009
Lithuanians 80.0 79.6 83.5 84.0
Poles 7.3 7.0 6.7 6.1
Russians 8.9 9.4 6.3 4.9
Belarusians 1.7 1.7 1.2 1.1
All minorities 20.0 20,4 16.5 16.0
From these two tables we may underline the following tendencies that took place in Lithuania after getting its independence till now:
1. The total population of Lithuania decreased,
2. The population in each of the four biggest ethnic groups of Lithuania decreased,
3. The percentage of ethnic Lithuanians increased,
4. The percentage of each of the three biggest national minorities decreased.
Nevertheless, despite decreasing in absolute and relative numbers the minorities remain a significant part of the Lithuania’s society.
3.2. Uniqueness of the Lithuania's situation
In contrast with other Baltic nations – Estonia and Latvia – Lithuania’s society was (and still is) “one of the more ethnically homogenous post-Soviet states.”8 Lithuania is an example of the “unipolar ethnic structure” in which “one ethnicity is over-whelmingly dominant.”9 However, this unipolarity does not apply to the District of Vilnius (in Lithuanian: Vilniaus apskriti) with significant numbers of Poles, Russians and Belarusians. In Vilnia and Salechniki district municipalities as well as in the town of Visahinia (which has special status) Lithuanians are in minority (22, 10 and 15 per cent respectively)10. Therefore, South-Eastern Lithuania was the region where “aggravated tensions between various national groups and the majority Lithuanian population”11 arose. During the attempts of Lithuania to obtain its independence from the Soviet Union and in first years after this goal had been achieved, these tensions drew close attention from official Minsk, Moscow and Warsaw and could potentially have cost Lithuania its territorial integrity12. However, “Lithuania has managed to hinder preclude the emergence of any considerable ethnopolitical conflict” and in Lopata's view, in contrast with other Baltic states “Lithuania does not suffer from ethnic problems of any considerable character.”13
Thus, we may assume that Lopata14 considers Lithuania's a “success story” on accommodation of minorities. In further chapters we will describe the situation with national minorities in Lithuania from the legal perspective and answer to the question whether Lithuania may be called a “success story”. Additionally, we will try to figure out the scope of rights and privileges which minorities may enjoy as well as restrictions (if any) which are applicable to minorities.
4. Lithuanian Legal Framework with emphasis on national minorities
4.1. Constitution of Lithuania on minorities’ issue
The Constitution of Lithuania is the principal legal act of the country and “any law or other act, which contradicts the Constitution, shall be invalid” (art. 7). However, the Lithuanian Constitution does not have provisions which specifically applicable to country’s national minorities15. Those articles which concern national minorities “are of mostly general, however imperative character.”16
These general and imperative provisions mean that they apply to all citizens of Lithuania disregard of their ethnicity. In fact, being regarded as “an integral and directly applicable act” the Constitution guarantees equality of persons before the law (Art. 6). Human rights and freedoms are proclaimed “innate” (Art. 18) whereas “freedom of thought, conscience and religion shall not be restricted” (Art. 26). Equality of every person before the law, the court, and other State institutions and officials is secured by Article 29. The same article ensures that such factors as gender, race, nationality, language, origin, social status, belief, convictions, or views neither give privileges nor cause restrictions.
Article 10 of the Constitution prescribes that the territory of Lithuania “shall be integral and shall not be divided into any State-like formation”. First, it means that Lithuania is a unitary state where all its parts enjoy the same rights and have the same obligations. Second, it legally excludes any possibility to establish national or territorial autonomous units on the country’s territory. Therefore, areas where minorities constitute majority are not allowed any form of political autonomy.
There are only two articles in the Lithuania’s Constitution which directly refer to “ethnic communities” of the country. Art.37 secures that minorities shall “foster their language, culture and customs” as well as “independently manage the affairs of their ethnic culture, education, charity, and mutual assistance” (art. 45) which however shall be supported by the State.
Thus, despite the lack of the definition of “ethnic community” in the Constitution we obtain three distinctions for these groups: language, culture and customs. However, in order to enjoy these rights prescribed by the Constitution, Lithuanian citizenship is required. Thus, only a citizen of Lithuania may be considered a part of any national minority and accordingly national minorities in Lithuania consist only of Lithuanian citizens.
4.2 Council of Europe Minority Protection Framework and Lithuania
Lithuania participates in most of international conventions which are related to human rights protection mechanism in general and national minorities’ rights in particular. Here we will draw attention toward three conventions of the Council of Europe, i.e. the Framework Convention for the Protection of National Minorities, the Charter for Minority and Regional Languages, and the Charter for Local Governments.
Lithuania was one of the first countries to sign the Framework Convention for the Protection of National Minorities on February 1, 1995. However, it was ratified by Lithuania only on March 23, 2000 and entered into force on July 1 of the same year. Lithuania did not made any reservation, declaration or other communication which means that this document concerns all different ethnic groups on the whole territory of the country. In other words, any provision of this Framework Convention shall be applicable in Lithuania as well as Lithuanian legislation shall be brought into conformity with the provisions of this document.
The situation with the Charter for Minority and Regional Languages is completely different. Lithuania “for some reason” 17neither signed it nor ratified this document. Lopata referred to the Recommendation of the Parliamentary Assembly of the Council of Europe which stated that in Lithuania “the right to use national minority languages is legally secured, in accordance with the principles of the European Charter for Regional or Minority Languages.”18 However, since this document is not even signed we may assume that it is rather for national legislator to decide whether provisions of the domestic legislation should comply with the provisions of the Charter. Therefore, there is no protection for minority languages in Lithuania at the Council of Europe level and it is the domestic law which regulates the issue.
The European Charter for Local Governments, was signed by Lithuania on November 27, 1996 and ratified on June 22, 199919. One of the main provisions of these documents guarantees national minorities in Lithuania the rights to use signs in their native language. On the one hand, this issue partly compensates the lack of ratification of the Charter for Regional and Minority Languages but on the other hand it contradicts Lithuanian Language Law which will be described below. Hence, we refer to the country’s national legislation.
Editor’s Note: Will be continued in the Winter 2009 issue of BELARUSIAN REVIEW
Hanna Vasilevich is a doctoral student of diplomacy and international relations at Metropolitan University Prague.
Footnotes
1. Facts about Lithuania: History at the President of the Republic of Lithuania website, at:
http://president.lt/en/lithuania/facts_about_lithuania/history_136.html
2. Eastern Europe and the Commonwealth of Independent State 1999 , London: 1999 (annual), p. 492.
3. Ibid.
4. At that time CSCE.
5. Council of Europe in Brief – Member states and map, at:
http://www.coe.int/aboutCoe/index.asp?page=47pays1europe&l=en
6. Other ethnic groups which are distinguished by the Statistics Lithuania are Ukrainians, Jews, Latvians, Tatars, Germans and Roma. Each of them with the exception of Ukrainians (0.6 %) constitute no more than 0.1 % of the country's population.
7. http://www.stat.gov.lt/en, > statistiscs (databases) . Statistical indicators > Population and social statistics > M 3010215: population by ethnicity.
8. Budryte D., Pilinkaite-Sotirovic V. Lithuania: progressive legislation without popular support, pages 151-165, in Rechel B (ed.) Minority rights in Central and Eastern Europe (London, 2008), p. 151.
9. Bangura Y. Ethnic Inequalities in the Public Sector: A Comparative Analysis,: in Development and Change - 2006, vol. 37, issue 2, pp. 299-328, at pp. 302, 306.
10. Budryte D., Minority rights in Central and Eastern Europe, p. 152.
11. Lopata R. National Question in Lithuania: Acculturation, Integration or Separateness?, NATO Research Fellowship Programme 1996 – 1998, June 1998, at http://www.nato.int/acad/fellow/96-98/lopata.pdf, p. 38.
12. See for instance: Burant S. Belarus and the “Byelorussian irredenta” in Lithuania, Nationalities Papers. - 1997. Vol. 25. - No. 4. - P. 643.
13. Lopata R. National Question in Lithuania: Acculturation, Integration or Separateness?, p.2.
14. Professor Dr. Raimundas Lopata is a renomed Lithuanian scholar in the area of political science and international relations. Currently he works as director of the Institute of International Relations and Political Science at the Vilnius University.
15. Lopata R. National Question in Lithuania: Acculturation, Integration or Separateness?, p. 20.
16. Ibid.
17. National minorities in Lithuania and Estonia, at: http://www.mercator-research.eu/research-projects/endangered-languages/national-minorities-in-lithuania.
18. Lopata R. National Question in Lithuania: Acculturation, Integration or Separateness?, p. 18
19. Chart of signatures and ratifications of European
Charter of Local Self-Government CETS No.: 122 : http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=122&CM=8&DF=8/1/2006&CL=ENG
Bibliography
Books
1. Eastern Europe and the Commonwealth of Independent States 1999 , London: 1999 (annual).
2. Snyder, T. The Reconstruction of Nations: Poland, Ukraine, Belarus 1569-1999 (New Haven and London, 2003)
Book Chapters
1. Budryte D., Pilinkaite-Sotirovic V. Lithuania: progressive legislation withAout popular support, pages 151-165, in Rechel B (ed.) Minority rights in Central and Eastern Europe (London, 2008).
2. Volovoj V. National Minorities in Lithuania in Haraszti, Ildikó – Petőcz, Kálmán ed.: Ethnic Stability – Ethnic Changes. Participation of minorities in the decision-making process. Series of international workshops on effective political, economic, social and cultural participation of minorities. Forum Minority Research Institute, ©amorín, 2008. WEBbook: www.foruminst.sk.
Articles
s
1. Bangura Y. Ethnic Inequalities in the Public Sector: A Comparative Analysis,: in Development and Change. - 2006, vol. 37, issue 2, pp. 299-328.
2. Burant S. Belarus and the “Byelorussian irredenta” in Lithuania, Nationalities Papers. - 1997, vol. 25., No. 4. - P. 643
3. Motuzas R. Education of National Minorities in Lithuania in: Lithuanian Foreign Policy Review, 7/2001, at: http://www.lfpr.lt/uploads/File/2001-7/Motuzas.pdf.
Papers
1. Lopata R. National Question in Lithuania: Acculturation, Integration or Separateness?, NATO Research Fellowship Programme 1996 – 1998, June 1998, at http://www.nato.int/acad/fellow/96-98/lopata.pdf.
Internet Sources
1. Council of Europe in Brief – Member states and map: http://www.coe.int/aboutCoe/index.asp?page=47pays1europe&l=en.
2. Cultural minorities, groups and communities in Lithuania, Council of Europe/ERICarts, “Compendium of Cultural Policies and Trends in Europe, 10th edition”, 2009, at: http://www.culturalpolicies.net/web/lithuania.php?aid=421.
3. Facts about Lithuania: History at the President of the Republic of Lithuania website, at: http://president.lt/en/lithuania/facts_about_lithuania/history_136.html.
4. Lithuania at the Euromosaic study, at: http://ec.europa.eu/education/languages/archive/languages/langmin/euromosaic/lith_en.pdf.
5. National minorities in Lithuania and Estonia, at: http://www.mercator-research.eu/research-projects/endangered-languages/national-minorities-in-lithuania.
Online Databases
1. http://www.stat.gov.lt/en/ > Statistics (databases) > Statistical indicators > Population and social statistics > M 3010215: population by ethnicity.
2. Chart of signatures and ratifications of European Charter of Local Self-Government
CETS No.: 122: http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=122&CM=8&DF=8/1/2006&CL=ENG.
Court Decisions
1. Ruling of the Constitutional Court of Lithuania “On the compliance of the 31 January 1991 Supreme Council of the Republic of Lithuania Resolution “On Writing of Names and Family Names in Passports of Citizens of the Republic of Lithuania” with the Constitution of the Republic of Lithuania” of October, 21 1999, at: http://www.minelres.lv/NationalLegislation/Lithuania/Lithuania_ConstCourt_Names_English.htm.
ADDENDUM
It represents the Editor’s view
Several points must be emphasized:
1. In present Lithuania minority issues are limited to the Eastern and South-eastern part of the country. - essentially the region of Vilnia ( Vilnius).
This region - where ethnic Lithuanians are in minority ( see p. 22 of this issue of BELARUSIAN REVIEW ) was acquired in 1939 and 1940 by obtaining it from Stalin’s Soviet Union in trade for Soviet military bases on Lithuanian territory. In September 1939 Vilnia region was incorporated into the Belarusian Soviet Republic (BSSR).
The reason for this trade:
Since the pioneers of the Lithuanian national renaissance have essentially built their national version of history on the belief that modern Lithuania is the sole and direct successor of the medieval Grand Duchy of Lithuania , throughout the 20th century leaders of modern Lithuania exerted constant and purposeful efforts to regain the city of Vilnia (Vilnius), regarded by them as Lithuania’s historical capital. (Refer to article BELARUSICA by K. Kascian, Belarusian Review 21-1, Spring 2009 issue)).
In the period between 1920 and 1940 Vilnia region belonged to Poland.
2. Exactly in this region A POLISH ENCLAVE is being formed, a geographic anomaly, separated from the Polish state by territory of Belarus.
Official Lithuanian statistics show that country’s Polish minority is by far the most numerous - numbering 205 thousand
3. Let us examine the NATURE of this minority:
Majority of its members are ethnic Belarusians of Roman Catholic faith. In their daily life they use the Belarusian language - its central dialect, practically identical with the Belarusian literary language.
For most of them, ( especially for the older generation) Polish represents the language of the Catholic church. It is interesting to note, that, despite the common Catholic religion, older parishioners prefer Polish priests to “foreign” Lithuanians.
Some members of the younger, more pragmatic generation are attracted to Polishness due to its more Western, European image.
Others (fewer) are adapting to”geo-political realities”, and are attempting to join the official Lithuanian society.
How did this partial cultural Polonization of this group come about:
Ever since the waning days of the Polish-Litvanian Commonwealth ( 18th century) - and especially in the 1920s ( when not only the city of Vilnia, but the entire western half of Belarus was occupied by Poland), Polish officials and Polish Roman Catholic clergy were treating the native Belarusian population not as a separate ethnic group but as an amorphous mass -to be eventually assimilated, i.e. Polonized.
A simplified approach was (and sometimes still is) being used to divide the population into into two hostile camps: us Catholics, i.e. POLES, versus the others.
The Polish “hostile camps” approach did not succeed in most of Polish-occupied Western Belarus with its predominantly Orthodox population. However, it did work in Catholic regions - by pitting Belarusians against each other.
As a result the quoted Lithuanian statististics show the enormous numerical disparity between the “Polish”and Belarusian minorities, 6 to 1.
One should remember that in the period between 1920 and 1940 the city of Vilnia was an unofficial cultural capital of Western Belarus, thus attracting many from that entire region, who eventually settled there. These people are now officially listed as Belarusians.
4 Modern Belarusian nationalists consider their country a multi-confessional space , where Catholics, Orthodox and Protestants are considered equals. They consider the issues of native culture and language more important than that of religious confession. This is why they do care about the fate of the Belarusian-speaking minority in Lithuania, nominally “Polish” or not.
Unfortunately, today the nominally Belarusian state seems to intentionally ignore the problems of our countrymen in Lithuania. It is too preoccupied with russification of its own population, with dividing us into “us and the POLES.”
As a result of this neglect the absurd POLISH ENCLAVE in Lithuania is growing in strength..
The Belarusians of the Vilnia Region deserve our attention and thorough research of their problems.
This article appeared in
Belarusian Review, Vol. 21, No. 3
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Hanna Vasilevich
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