LATVIAN PRESIDENT VETOS CONTROVERSIAL LABOR LAW

UNCLAS SECTION 01 OF 02 RIGA 000533 SIPDIS SIPDIS E.O. 12958: N/A TAGS: PGOV PREL PHUM EUN LG SUBJECT: LATVIAN PRESIDENT VETOS CONTROVERSIAL LABOR LAW RIGA 00000533 001.2 OF 002 ¶1. SUMMARY. Latvian president Vaira Vike-Freiberga returned to the Saeima (parliament) a bill to amend the Labor Law, which did not include sexual orientation as one of the protected categories in employment. The language of the law appears to violate an EU directive that Latvia must incorporate into local law or face possible punitive action from the European Commission. As the October Saeima elections draw nearer, politicians are increasingly exploiting socially sensitive issues to draw voters' attention. It appears that Latvia's First Party (LPP),the most vociferous in the debate on this bill, has made opposition to gay rights its main campaign issue. END SUMMARY. ¶2. On June 15, following a heated debate lasting more than one hour, the Saeima adopted a bill to amend the Labor Law in accordance with a commission directive on equal employment opportunity. Parliament's social and labor affairs committee had prepared the amendments to the Labor Law in accordance with EU requirements, including the ban on discrimination against employees on the grounds on sexual orientation. However, at the insistence of Latvia's First Party, the specific mention of sexual orientation was deleted. Lawmaker Janis Smits, LPP parliamentary faction head and an ordained Baptist minister, declared from the Saeima rostrum that including the sexual orientation clause in the law would "open the gate for pedophilia, pederasty, zoophilia and other forms of perversion." ¶3. Several other lawmakers echoed this sentiment, and the final vote on deleting the specific reference to sexual orientation was 48 for and 19 against. LPP was joined by Fatherland and Freedom/LNNK, Greens' and Farmers' Union, Harmony Center and a few independent lawmakers in stripping the provision. New Era, the People's Party and some Harmony Center MPs voted against. Under the version of the legislation passed by parliament, equal treatment in employment should be provided for all residents banning any direct or indirect discrimination on the grounds of "race, sex, age, disability, religious, political or other beliefs, national or social origin, material or family status or other circumstances." ¶4. President Vike-Freiberga exercised her constitutional authority to return the bill to the Saeima. In a letter to the Saeima speaker Ingrida Udre, the president explained her decision by the fact that an individual's right to employment cannot be tied with his or her private life, which is protected by the Constitution. Foreign Minister Artis Pabriks (People's Party) also condemned the amendments and said that in joining international organizations Latvia had assumed a number of obligations that it must fulfill. Prime Minister Aigars Kalvitis (People's Party) criticized the lawmakers by saying that "civil rights must clearly be taken into account, and one cannot divide people by certain traits." ¶5. The Saeima is expected to review the returned bill after the summer recess in September. Janis Smits, head of the LPP parliamentary faction, told embrep that his party would stand firm against including the sexual orientation provision in the law. He expressed confidence that the returned bill would not be altered and thus made into law. "Over 90% of the Latvian population opposes homosexuality, and we must listen to the people," he opined. Under Latvia's Constitution, if the lawmakers for a second time endorse the law in its current form, the president must promulgate it as a law. We understand that if the final version does not accord with the commission directive, Latvia could face infringement procedures within the EU. ¶6. COMMENT: The amendments to the Labor Law were the third bill that the president sent back to parliament as the spring session wound down, saying that all three were designed to drive Latvian society apart rather than bring it together. While we expect her to continue to use her moral authority on this bill, the President is at the limits of her constitutional powers if the Saeima refuses to make any changes. Since the Labor Law is expected to be reviewed shortly before the October 7 elections, it is again likely to fall prey to pre-election politicking. Moreover, it appears that LPP and its leaders, including party chair Ainars Slesers, have made a fight against gay rights a key element in their election campaign. LPP has also been vocal in opposing the gay pride parade planned to take place in Riga on July 22. LPP, which has been struggling in the opinion polls, may indeed score a few points by exploiting homophobic sentiments among the general public. Many people in Latvia are not yet prepared to embrace Western liberal values fully, and would wish to sweep the issue of homosexuality under the carpet. Their anti-gay sentiments may be reinforced by Soviet-era memories when sodomy was a criminal offense. Moreover, a surprisingly large number of RIGA 00000533 002.2 OF 002 people in Latvia equate homosexuality with pedophilia. END COMMENT. BAILEY