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implementation of projects developed by Government institutions at the national or local level;
and assessing the adequacy of existing legislation and proposing new laws. The role of the
Ombudsman is thus not only reactive; he is entrusted with the power to take the initiative to
investigate possible cases of racism and discrimination.
25. In his meeting with the Ombudsman, the Special Rapporteur was informed that although
his office does not receive a large number of complaints of discrimination, this number has been
steadily increasing (64 complaints in 2006 and 67 complaints from January-August 2007).
26. A particular form of action carried out by the Ombudsman is to review cases of racist
crimes in order to analyse whether the racist connotation is being considered and registered by
the police. The Ombudsman explained that there used to be important obstacles to the
categorization and prosecution of racially motivated crimes, which led in most instances to the
qualification of these crimes as acts of hooliganism. However, in the Ombudsman’s view this
problem was solved in 2006 after the adoption of amendments to the Criminal Code clearly
stipulating racial crimes.
27. The Office of the Ombudsman receives a limited number of complaints regarding
citizenship regulations (17 from January-August 2007). However, the Ombudsman informed the
Special Rapporteur that there are elements of the legislation on citizenship that can be improved,
including regulations for automatic citizenship for all children born in Latvia and facilitating the
procedure for elderly residents.
28. The overall perception of the Ombudsman is that Latvia has made important advances in
the progressive transposition of EU directives, notwithstanding the difficulties in the realm of
access to goods and services. He noted that racial discrimination is a recent problem in Latvia,
connected to new waves of migration that are likely to expand, and therefore will require
concerted efforts for the future.
3. Citizenship legislation
29. Citizenship policy in Latvia after the restoration of independence was based on the
doctrine of legal continuity of the Latvian State. According to this principle, the end of the
Soviet occupation did not create a new State, but rather restored a previously existing State
whose independence was interrupted by forcible annexation into the USSR. In this regard, the
first steps after the end of occupation were to restore the Latvian political and legal framework,
including the Constitution that existed in 1940.
30. The policy after the restoration of independence was to recognize as citizens only those
persons who enjoyed citizenship prior to 1940 and their direct descendants. For all others, no
regulations were in place, which left some 740,000 persons, mostly Russian-speaking, without
citizenship of Latvia or any other State, and thus stateless.1 A large number of citizenship
requests by Russian-speaking residents were denied due to claims of links to the Soviet army.
1
Under international law, a stateless person is generally defined as a person who is not
considered as a national by any State under the operation of its law.