OPEN PROTEST OF CIVIC ORGANIZATIONS
To:
President of the Republic of Latvia
Raimonds Vējonis
Pils laukums, Rīgā, LV-1050
Minister of Justice of the Republic of Latvia
Dzintars Rasnačs
Brīvības bulvāris 36, Rīga, LV-1050
President of Ministers of the Republic of Latvia
Māris Kučinskis
Brīvības bulvāris 36, Rīga, LV-1536
Mass media listed below
LETA, BNS, NRA, LA, “Vesti segodņa”, “Telegrāfs”, RīgaTV24
From:
Latvian Human Rights Committee of the International Federation for Human Rights Leagues
Lāčplēša iela 87, Rīgā, LV-1011, e-mail: lhrc@lhrc.lv
Association of Owners of Apartments and Tenants of Denationalized and Municipal Housing of Latvia
Dzirnavu iela 102a, Rīgā, LV-10, e-mail: denac-asoc@inbox.lv
Society for the Rights of the Tenants of Denationalized Housing AUSMA
Kr.Barona ielā 78, Rīga, Latvija, LV-1001, e-mail: imantsran@inbox.lv
Tenant Union of Latvia
Lāčplēša iela 112—9, Rīga, LV-1003, e-mail: eco_l@inbox.lv
OPEN PROTEST OF CIVIC ORGANIZATIONS
regarding the draft Law on Residential Tenancy.
Riga 3 October 2017
The Ministry of Economics of the Republic of Latvia has drafted a new bill „The Law on Residential Tenancy” (“Dzīvojamo telpu īres likums”) and after the discussions with public held in July 2017 is preparing to submit the bill for viewing at the RL Cabinet of Ministers.
The essence of our objections declined by the Ministry of Economics is as follows: it is unlawful to annul the pre-reform rental contracts of the tenants of denationalized housing (also upon expiry of the transitional period ending in 2023), meaning that it is not lawful to annul the above due to the following considerations set out in Section 8 of the currently effective „Law on Residential Tenancy”.
The RL Constitutional Court in its judgement of 7 July 2014 in Case No 2013-17-01 admitted the compliance of Section 8 of the effective „Law on Residential Tenancy” with the Constitution of the Republic of Latvia. Therefore, the annulment of the content and essence of this section in the new law will contradict the Constitution of the Republic of Latvia (Satversme), which in turn will mean that in respect of the specific part of the society – the pre-reform tenants of denationalized housing – the new law will be illegitimate and incompatible with the principles of a civilised, lawful state, of which we have already expressed our objections to the Ministry of Economics.
- The State of Latvia with this draft law, abolishing the basic status of the denationalized housing tenants whose rights are protected by Section 8 of the effective „Law on Residential Tenancy” and by defaulting on the decision of the Supreme Council dated 30 October 1991, Article 4, Paragraph 2, contradicts Article 8 of the Supreme Court Declaration on Restoration of Independence of the Republic of Latvia, stating the following: „To guarantee the citizens of the Republic of Latvia and other countries, permanently residing in the Territory of Latvia, the social, economic and cultural rights as well as political freedoms, complying with universally accepted international norms of human rights…”
- Given that under the general law the rights already acquired by the tenants remain intact (RL Civil Law, Article 3) and under the specialized law currently it is not possible to unilaterally amend the provisions of the effective tenancy law (The Law on Residential Tenancy, Sections 8,11,13), the Ministry of Economics cannot amend it now, yet with a new law it attempts to transform the legal norms of the specialized law in order to compel the tenants of denationalized housing themselves to sign new tenancy contracts (and themselves to forfeit the already acquired rights!) with the provisions disadvantageous and disagreeable to them, such as: only for a specified term with an option to try through the court to extend the term for maximum ten years, instead of an open-ended contract (Article 7), with increased rent charges, supplemented with new items of calculation (Articles 16, 17, 18). The rights of the tenant’s family members will also be reduced (Article 13). The new law envisages simple termination of a tenancy contract with the pre-reform tenant of the denationalized house if the latter objects to the changes, meaning that upon expiry of the contract, the unilateral withdrawal from the contract will take place and the tenant is not entitled to any compensation. We clearly see that this is the way to lure a tenant into a trap and leave them at the mercy of Providence while the legislative power bears no responsibility for this.
Such a solution of forced residential tenancy relationship with the pre-reform tenants of denationalized houses proposed by the Ministry of Economics will openly contradict the norms of international law, i.e. with the European Social Charter (revised), Article 31, Paragraph 1, stipulating that: „With a view to ensuring the effective exercise of the right to housing, the Parties undertake to take measures designed:
- to promote access to housing of an adequate standard;”
it will also contradict the provisions of the International Covenant on Economic, Social and Cultural Rights, Article 11, Paragraph1: „The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.”
- At the same time, the Ministry of Economics with its housing policy has planned to completely disregard the social guarantees envisaged for the tenants of denationalized houses set out in the Law on the Denationalization of Building Properties, Section 15, Part 1, Paragraph 2 stipulating their first-hand right to receive another available vacated flat by way of a tender.
We are not against the development of the housing market. By representing the interests of the pre-reform tenants of denationalized housing and protecting their rights we protest against their discrimination. We protect the right of the pre-reform tenants of denationalized housing to the open-ended rent contracts whereby the right to the inviolability of home set out in the Constitution of the Republic of Latvia is asserted. We protest against the current draft law of the Ministry of Economics „The Law of Residential Tenancy” until the time when the State will grant the pre-reform tenants of denationalized housing compensations in cash or a housing equivalent, irrespective of their material status, in accordance with the provisions of the denationalization laws.
We demand the guarantee of fulfilment of the Supreme Council decision “On the procedure of coming into effect of Republic of Latvia Law „On the Restitution of Housing Property to the Lawful Owners” and „the Law on the Denationalization of Building Properties in the Republic of Latvia””, where Section 4, Paragraph 2 stipulates ordaining the Council of Ministers by 1 December 1991 to draft and submit to the Supreme Council of the Republic of Latvia a draft law „On Compensations”. This ordinance has not been fulfilled yet, i.e., the Ministry of Economics with the above-mentioned draft law is intending to violate this and other aforementioned legal norms, thus legalizing the discrimination against a considerable part of the nation committed in the course of the property reform.
We consider ignoring and disobeying of the legislator’s decision a condemnable act. Instead of elaborating the draft law „On Compensations”, the Ministry of Economics is consoling us with the binding rules of the local government „On Assistance to Low-income Tenants in Solution of Residential Issues”, and promising in the future to draft rules on granting benefits for vacating apartments in denationalized buildings.
The tenants of denationalized housing have not descended into the helpless status of low-income residents in the result of a sudden illness or natural disaster. After the default on the legislator’s decision, the tenants of denationalized housing are being humiliated by „assistance” similar to that granted to low-income persons. It is a cynical deception because such „assistance” has not been and will never be the reimbursement of the losses inflicted on the tenants, but diversion of funds for the benefit of house owners by the state and/or local governments, concealed behind the law. In what way can a tenant whose situation depends on a house owner benefit from an artificial status of a poor or low-income person? Under the new law, a solvent tenant in the same way as a poor person will be completely dependent on the house owner’s uncontrolled appetite and greed.
In our opinion, the draft law „On Residential Tenancy” (in its entirety, and specifically, Section 7, Paragraphs 1 and 2 – term of the rent contract – the old rent contracts binding until 2023 and the duty to sign a new rent agreement, i.e., to terminate the old one), undermines the right of the pre-reform tenants of denationalized housing to the inviolability of their homes thereby contradicting the provision set out in the second sentence of Article 105 of the Constitution (Satversme) – Property shall not be used contrary to the interests of the public – because replacing the existing open-ended rent agreement with a terminated agreement and not providing for a cash compensation in order to purchase a private flat or obtain a municipal flat the new law will further aggravate discrimination, which is not in the interests of the society in that it destroys the reputation of a democratic state and compromises the basic principles of the rule of law in a democratic state.
The pre-reform tenants of denationalized housing are discriminated against in comparison with the general legal status of privatisation when the privatised municipal flats and denationalized flats were allocated in similar circumstances and on similar conditions. Therefore, in our opinion, failure to compensate for the loss of the flats subjected to denationalization has placed the tenants in a separate, aggravated legal relationship that can be defined as discrimination, because they were deprived of the right to privatize the lawfully earned and acquired residential space with an open-ended rent contract thereby dividing the pre-reform tenants in two classes.
However, Section 8 of the effective „Law on Residential Tenancy” partially guarantees to the pre-reform tenants the right to inviolability of home (RL Constitutional Court Judgement No 2013-17-01, 07 July 2014). On the other hand, with the Law on Residential Tenancy drafted by the Ministry of Economics the last guarantee – the open-ended rent contract – will be lost as well as the hope for the compensation envisaged by the legislator (even though belated), given that the law „On Compensations” has not been and is not being drafted.
WE CANNOT ACCEPT SUCH INJUSTICE AND WE THEREFORE PROTEST AGAINST THE TWOFOLD DISCRIMINATION AGAINST THE DENACIONALIZED TENANTS!
The implementation of the Supreme Council decision of 30 October 1991, Article 4, Paragraph 2, and the Law „On Compensations” would have helped avoid discrimination of the pre-reform tenants of denationalized housing and removed the pretext for blaming the pre-reform tenants for obstruction of the development of the housing market.
The postulate of the Ministry of Economy that the new draft law is directed towards the development of the housing market is an irresponsible misleading of the public in that it is not supported by any evidence or research. At the same time, it is a clear and obvious fact that the above mentioned draft law is aimed against the interests of the denationalized housing tenants in order to subject such tenants to complete and irreversible licence of the house owners when such relationship already now has escalated to criminal levels.
In our opinion, concealment of the Supreme Council decision of 30.10.1991 and pretence that such a decision does not exist is an immoral and condemnable position.
We believe that only when the committed discrimination is eliminated and the pre-reform tenants of denationalized housing are granted compensations irrespective of their material status – in the same way as the tenants of municipal flats were granted the right to privatize their flat irrespective of their material status, only then will we see the compliance with the European Social Charter, Article 31, Paragraph 1, on equal conditions, and the International Covenant on Economic, Social and Cultural Rights, Article 11, Paragraph1, on the right of continuous improvement of living conditions. Only in such an event the existing “Law on Residential Tenancy” could be considered obsolete.
Your Excellency, Mr President,
We kindly request you to familiarize yourself with this draft law before it is submitted to the Parliament, to express your attitude and to abstain from signing it for entry into force, in the event that it is still adopted by the Parliament before the implementation of the decision of 30.10.1991 “On the procedure of coming into effect of Republic of Latvia Law „On the Restitution of Housing Property to the Lawful Owners” and „the Law on the Denationalization of Building Properties in the Republic of Latvia”” regarding the compensations due to the pre-reform tenants of the denationalized housing.
Your Excellency, Minister of Justice,
Your Excellency, Mr President of Ministers,
We demand you not to approve the bill drafted by the Ministry of Economics “The Law on Residential Tenancy”, including Section 7, Paragraphs 1 and 2, and Paragraphs 2 and 4 of the Transition Rules, and not to forward the bill to the Parliament.
The progress of the draft law in the present wording should be stopped until the Law “On Compensations” is adopted in conformity with the Supreme Council decision of 30.10.1991 “On the procedure of coming into effect of Republic of Latvia Law „On the Restitution of Housing Property to the Lawful Owners” and „the Law on the Denationalization of Building Properties in the Republic of Latvia””. In the opposite case, the discrimination of the pre-reform tenants of denationalized housing, which already shows clear signs of genocide, will be doubled and the default on already adopted laws will be legalized.
Our civic duty is to protest against such an undemocratic state policy in the housing sector and against the committed discrimination.
We support democratic and lawful Latvia in the European Union!
Acting Co-chairman of the Board
Latvian Human Rights Committee
of the International Federation for Human Rights Leagues:
________________________________________________
/ Deniss Gorba/
Chairman of the Board
Associations of owners of apartments
and tenants of denationalized and municipal housing of Latvia:
____________________________________________________
/Natālija Jolkina/
Chairman of the Board
Society for the Rights of the Tenants of Denationalized Housing AUSMA:
____________________________________________________
/Emīlija Vilka/
Chairman of the Board
Tenant Union of Latvia:
____________________________________________________
/Eduards Kvasnevskis/
