Debates on the need to amend the Latvian Citizenship Law started already during the 10th term of the Parliament (Saeima) in 2010 and was continued in the 11th term soon after extraordinary elections in September 2011. Draft amendments were submitted to the Parliament on 3 November 2011. Changes in the Citizenship Law were part of pre-election campaigns by several political parties of the ruling coalition. The main proposals concerned liberalisation of dual citizenship.

The law was adopted in the first reading on 10 November 2011. The draft included only several amendments which allowed dual nationality for children, Latvian citizens who left Latvia during occupation and those Latvian citizens who have acquired citizenship of EU, EFTA or NATO countries or countries with which Latvia has concluded bilateral agreements.

On 16 November 2011 Parliament decided to establish a sub-committee entrusted to draft amendments for submission to the Legislative Commission On 2 March 2012 the sub-committee organised an international conference on citizenship. Since then the debate on the need to reform Citizenship Law has expanded considerably. On 31 July the sub-committee adopted draft amendments which were confirmed by the Legislative Commission on 28 August 2012. The second reading in the Parliament is expected soon. Laws are adopted in three readings and then sent for signature to the President. It is expected that the Law will enter into force on 1 January 2013.

The amendments are comprehensive. The Chairman of Sub-commission Ingmārs Čaklais has noted that certain amendments will require clarification for the third reading. However, general tendencies of the changes can be already established now.

The scope of persons who are Latvian citizens will be extended. It includes not only dual nationals but also ethnic Latvians and Livs whose permanent residence is outside Latvia but who can prove (a) that their predecessors have lived in Latvia in 1881 or later and (b) their knowledge of Latvian. The level of knowledge of Latvian, according to I. Čaklais, will be subject to further debates.

Dual citizenship will be accepted in cases when Latvian citizens acquire citizenship of EU, EFTA, NATO countries or citizenship of Sstates with which Latvia has concluded an international agreement. In certain cases the Cabinet of Ministers will have discretion to allow the retaining of another citizenship (for instance, in case of children and in cases of naturalisation in Latvia). Currently, dual citizenship is allowed when Latvian citizens acquire another citizenship but not vice versa.

There is also an Article devoted to those Latvian citizens who left Latvia during occupation. According to the new draft they can register for Latvian citizenship without renouncing another citizenship they have acquired. I.Čaklais has noted that there will be a debate how to deal with situations when persons have left Latvia and lost Latvian citizenship after restoration of independence.

The draft simplifies registration of non-citizen children as Latvian citizens. This can be done by either parent at birth or until the child has reached the age of 15. Registration takes place by signing an application which confirms that a parent will assist the child in learning Latvian as the state language and will instill respect and loyalty to the Republic of Latvia.

Children who are 15 to 18 years old can themselves submit the application. However, in these cases additional requirements apply (language knowledge and general requirements for naturalisation).

The scope of discretion of authorities has increased. The Cabinet of Ministers is not only entitled to allow dual nationality in cases not provided for in the law, but also to refuse to naturalise persons (the final decision is thus political).

Amendments also strengthen the limits for naturalisation. According to the draft, persons whose actions pose a threat to national security, public order or constitutional values enshrined in the Constitution (Satversme) shall not be granted citizenship. The fact of threat should be established by “competent authorities”. As an example of such actions the draft mentions inter alia persons who “are linked with terrorism or act in an organisation which is against the state or criminal”.

The draft amendments also provide for a simplification of naturalisation exams. However, the provisions on language requirements are subject to further clarification in relation to different groups. I.Čaklais has mentioned that provisions on revocation and renunciation of citizenship will also have to be further clarified.

According to statements by MPs from the opposition party Harmony Centre, the main debates could be on dual citizenship (with Russia, for instance) and further liberalisation of naturalisation (for instance, if a person has graduated from school with Latvian as the language of instruction). The MPs have indicated that their support the collection of signatures for a referendum on changes in the Citizenship Law depends on the willingness of coalition parties to take their proposals for amendments seriously.

A group of persons representing the movement „For equal rights” (which acts under the auspices of the party For Human Rights in United Latvia) has collected over 12 000 signatures to initiate a referendum on citizenship for non-citizens. They promise to submit the signatures to the Central Election Commission by the end of August.

According to Latvian law, for a referendum to be held voters need to collect 10 000 signatures on fully elaborated draft legislation and submit these to the Central Election Commission. The Commission should verify whether the signatures are valid and confirmed by a notary. After that the second stage of collection of signatures follows, which is financed by the state. If 10 per cent of voters sign the proposed legislation, the President shall present it to the Parliament (Saeima). If the Parliament does not adopt it without change as to its content, it shall then be submitted to a national referendum.

The proposed amendments of the Citizenship Law provide that non-citizens who until 30 November 2013 have not submitted an application to the Cabinet of Ministers that they want to retain non-citizen status should be considered Latvian citizens as of 1 January 2014. The proposal also provides for more technical amendments how the Cabinet of Ministers and Office of Citizenship and Migration Affairs should co-ordinate the process of status change by issuing a document testifying that a person has become a citizen of Latvia. Finally the draft amendments provide that the Cabinet of Ministers should initiate amendments of the Law of Personal Identification Documents providing for a procedure how non-citizens can obtain a Latvian passport free of charge.

The representatives of coalition parties have criticised the proposal by arguing that it is not well drafted (not fully elaborated) and therefore cannot be adopted in a referendum. They have also claimed that the proposal runs counter to Latvian claims for State continuity, that citizenship cannot be imposed and that passport cannot be issued free of charge. Representatives of the Central Election Commission noted that they will not only check the validity of signatures but also the quality of proposed amendments. This might take a couple of months.

It should be noted that there was referendum on 18 February 2012 on a package of amendments to introduce Russian as the second state language in the Constitution and other laws. The majority did not support these amendments (http://web.cvk.lv/pub/public/30287.html). However, as a reaction to this referendum, politicians amended the law on referenda. The changes inter alia provided that organisers themselves should collect approximately 150 000 signatures (one tenth of the electorate). The amendments were turned back to the Parliament by the President twice. There is also an ongoing case in the Constitutional Court on decisions adopted when the referendum on language took place.