Will the referendum change Latvia’s politics?

Latvia’s political intrigues took another turn when by May 2 enough citizens had signed for a referendum to be held on President Vaira Vīķe-Freiberga’s halting of the government’s security services legislation.

In Latvia’s complex system of parliamentary and presidential checks and balances, the president has the power first to return a bill first passed by the Saeima, but then if the bill is passed again unaltered, the president has a further power of refusing assent for two months. This automatically triggers the collection of signatures to see if a referendum is to be held.

This was the first case in post-Soviet, independent Latvia that the president has taken this step. Vīķe-Freiberga—and many others—argued that the security services legislation allowed too many parliamentarians and their officials access to state secrets, concerns also expressed by the NATO defense alliance. And the president warned such access may also be used for internal politics and gain by “oligarchs.” I have previously written about the extraordinary response to this by the government and ruling coalition: they immediately moved to repeal this and other controversial legislation, claiming continually that a referendum was not needed and hoping not enough signatures would be collected. The government-friendly newspaper Neatkarīgā Rīta Avīze, owned by coalition accomplice and now jailed Ventspils Mayor Aivars Lembergs, as late as the morning of May 3 still ventured an article that “most likely, not enough signatures would be collected.” For the ruling coalition, the referendum has been its first major obstacle to an otherwise arrogant and roughshod career of dodgy legislation and appointments, and of ignoring advice and criticism. The question now is will it be fatal for a coalition that only a few months ago looked so invincible?

Two considerations are relevant here.

First, the saga of the referendum is by no means over. When the referendum is held, the question must be approved by 50 percent plus one of those participating, and there can be little doubt about such a result. But for the referendum to count, it has to attract at least half the number of the voters who voted in the previous Saeima elections. With around 61 percent of those eligible voting in 2006, in this case some 453,730 citizens are required to cast a vote one way or the other, just over double the number who signed petitions to hold the referendum. Getting these votes out may not be easy, particularly if the government is successful in portraying the referendum as now unnecessary. Judging from the fury of comments on Internet and letters-to-the-editor pages, Latvia is deeply divided over this issue. 

If the referendum does not get the required numbers, the ruling coalition no doubt would claim a victory and endorsement of its policies and legitimacy. The stakes are very high.

Second, the brouhaha surrounding this referendum and the coalition’s politics has seen numerous voices asking for the resignation of this government. It should be said at once that there is no necessary link between such a referendum result and the staying or going of a government; they are quite separate issues. Yet the question is not going away.

For those now suddenly fascinated by what other surprises the Latvian constitution holds, in fact the president does have the power to call a new Saeima election. If she announces such a decision, a referendum must be held, and if the referendum supports the president, then the Saeima is dissolved and new elections are held. If the referendum does not support the president, then the president must resign—a remarkably fair constitutional requirement it would seem. Some have been calling for this, and in response some of the wilder conspiracy theories emanating from government supporters are that such a course of action of creating a false crisis for the president to act was precisely planned by the “usual suspects”: the president, the Jaunais laiks (New Era) party and the Soros Foundation.

The strongest voices calling for resignation of the government come indeed from the oppositional New Era, still trying to overcome its own internal wrangling over leadership and direction, but the president seems in no hurry to move at all. Nevertheless a referendum result supporting the president would put extra strains on the coalition.

Adding drama to this mix is the position of the president herself. Vīķe-Freiberga’s term ends in two months and the ruling parties are doing everything to try to find “their” candidate for this position. A highly politicised presidential selection by the Saeima is likely, which the ruling coalition hopes will never be against its legislation.

The referendum on the halted security legislation will be held between one and two months time. But a number of other issues may have an impact on how all this is played out.

The much-delayed border agreement with Russia has been signed and now must be ratified by the Saeima, confirming present borders and ipso facto giving up Latvia’s claim to the Abrene region that was part of pre-war Latvia. This will now be challenged in the Constitutional Court, with an uncertain outcome, but one likely to only be decided in the northern autumn. But there is considerable public concern over this agreement, which came without the previously desired accompanying declaration of Latvia’s historical relation to Russia and its border.

Much more immediate are recent events in Estonia and the widespread disturbances there over relocation of a Soviet war memorial from the centre of Tallinn to a military cemetery. Egged on by a massive anti-Estonian campaign from Russia, the resulting two-day violent confrontations put a question mark over the wisdom of Estonia’s politicians’ desires to tamper with such a symbol, and over the course of social integration in Estonia more generally. They also underlined Russia’s still antagonistic relations with Estonia, a heady mix with lessons for Latvia.

Within Latvia two more issues hold unpredictable potential. Great anticipation exists over the pending trial of Lembergs, with many of his political and business colleagues increasingly distancing themselves from him. This seems to be having little impact on other powerful co-oligarchs such as Andris Šķēle and Ainars Šlesers, who continue to exert influence even though suggestions of malpractice and corruption increase. The thuggish Šlesers, head of Latvijas Pirmā partija (First Party of Latvia), has also become politically active on a new front, forging closer link to the pro-Moscow Saskaņas centrs (Harmony Center) and together with Interior Minister Ivars Godmanis proposing that noncitizens be allowed to vote in municipal elections. Godmanis wants—wait for it—a referendum on this issue, a potentially explosive proposal and one in which, among others, Russia will be deeply interested. It is all stirring the pot, and hoping, inter alia, to take attention away from the referendum at hand.

The coming referendum on halting the security legislation comes at a politically rollercoaster time.

 

 

 

Latvija sākas mūsu sirdīs

Mīļā Latvijas tauta! Sveicu jūs Latvijas Republikas Neatkarības deklarācijas pasludināšanas dienā! 4. maijs vienmēr atgādinās par dienu, kad tika pieņemts drosmīgs lēmums, kas ļāva pārcirst vardarbīgi uzspiesto saiti ar totalitāru režīmu. Šī izšķiršanās bija jāizdara vispirms katram Latvijas cilvēkam savā sirds balsojumā, un katram Augstākās padomes deputātam tā bija politiski jāapliecina ar savu “jā” vai “nē”, pieņemot “Deklarāciju par Latvijas Republikas Neatkarības atjaunošanu”.

Lēmums nebūt nebija vienbalsīgs, un tieši tāpēc ir tik svarīgi uzturēt liecības par šo dienu dzīvā piemiņā, no paaudzes paaudzē nododot tālāk atmiņas un izpratni par 4. maiju, cilvēkiem, kuri ticēja neatkarības atjaunošanai, un apstākļiem, kādos Latvijas atguva savu neatkarību. Šīs liecības jārāda skolās, lai atgādinātu – dzīve var būt sarežģīta, bet valstiskuma un brīvības vērtības nekad nedrīkst aizmirst. Brīvības dziļajai vērtībai ir jāuzticas ar visu spēku un nodošanos, lai cik ilgu laiku kādreiz prasītu tās īstenošana, un savstarpējā pleca un atbalsta sajūta tautā ir ceļš, kas padara tuvāku kopēja mērķa sasniegšanu.

Gādāsim arī turpmāk par to, lai brīvības un solidaritātes gars stāvētu pāri mūsu ikdienas rūpēm un darbiem, vadot mūs vienmēr pa Latvijas valsts nostiprināšanas un tautas labklājības ceļu! Latvija sākas mūsu sirdīs. Sargāsim to vienmēr kā lielāko dārgumu!

Security law referendum seems assured

More than 212,000 Latvian citizens, well more than the number required, have signed petitions calling for a national referendum on controversial amendments to two security laws, according to provisional data released May 3 by the Central Election Commission in Rīga.

Meanwhile, the Latvian parliament, the Saeima, on May 3 struck language from the constitution that allows the government to issue orders while parliament is in recess that have the power of law. The security law amendments were first pushed through by emergency decree while the Saeima was enjoying its January recess.

Latvian media reported heightened activity at various locations around the country May 2 as citizens made use of the last day of the petition drive. It now appears almost sure that a referendum will be held on amendments to the National Security Law and the State Law on Security Institutions—an action some observers have said will be a vote of confidence in the government and the parliament.

The number of signatures represents 14.23 percent of the number of voters in the last parliamentary election. To call a referendum on either question, 10 percent or 149,064 citizens had to sign the petition.

More than 930 Latvian citizens abroad signed the petitions at one of the 32 embassies or consulates that were designated for the signature drive.

The election commission still has to certify the petitions, but if the number of signatures stays above the 10 percent barrier then the referendum must take place no sooner than one month and no later than two months after the date of certification, the commission said in a press release.

The number of citizens abroad who signed the petition more than doubled in the last week of the drive. The greatest activity was reported at the Embassy of Latvia in Ottawa, Canada, where an organized effort to bus citizens from Toronto helped push the total number of signatures to 180. The embassy in Washington, D.C., was second with 141 signatures, followed by 133 signatures in London and 123 in Stockholm, Sweden, according to data provided by the election commission.

No one signed the petitions in embassies or consulates in Austria, Azerbaidjan, Belarus, Portugal or Turkey.

Using Article 81 of the constitution, the amendments were pushed through in January by a Cabinet of Ministers decree while the Saeima was in recess. The parliament approved the amendments on Feb. 1, but President Vaira Vīķe-Freiberga vetoed them. The parliament overrode the veto on March 1. On March 10, Vīķe-Freiberga for the first time in her eight-year presidency invoked her constitutional power to freeze implementation of a law, which set in motion the call for a popular referendum.

Just days before the petition drive began April 3, the parliament rescinded the changes, returning the security laws to their original wording before January’s decree. However, the petition process was already in motion and had to continue.

The Saeima now also has removed Article 81 from the constitution, the LETA news agency reported.

Among changes in the security laws was the makeup of the National Security Council, which has oversight of the country’s security institutions. Under the amendments, the council would be led by the prime minister and would consist of the ministers of defense, foreign affairs, interior and justice—rather than the heads of the security institutions themselves. Some critics said the amendments were an attempt by Prime Minister Aigars Kalvītis to consolidate power, while others raised concern about politicians having access to sensitive information. The government argued the amendments would lead to more effective use of security resources.

A number of diaspora organizations voiced their support for the referendum and urged citizens abroad to sign the petition.

Andris Straumanis is a special correspondent for and a co-founder of Latvians Online. From 2000–2012 he was editor of the website.