Professional Qualification Lawyer

Approved in the meeting of the Approved in the meeting of the

Senate of the University of Latvia Council of the Faculty of Law

March 27, 1995 March 13, 1995

Protocol #137 Protocol #21

Statute

of

the Institute of Human Rights

of

the University of Latvia, Faculty of Law

RIGA, 1995

1. General Provisions

1. 
   The Institute on Human Rights of the University of Latvia, Faculty of Law (hereinafter referred to as “Institute”) is a research Institute established within the framework of the University of Latvia, Faculty of Law that functions according to the law of the Republic of Latvia, by-laws of the University of Latvia and this Statute.
   
2. 
   The Institute is established by the resolution of the Senate of the University of Latvia on the proposal of the Faculty of Law.
   
3. 
   The Institute is a research unit of the University of Latvia, Faculty of Law.
   
4. 
   The Institute has a seal and separate balance which is an autonomous part of the University of Latvia budget.
   
5. 
   The timing of the Institute is not limited.
   
6. 
   The complete name of the Institute (in original language) is: Latvijas Universitātes Juridiskās fakultātes Cilvčktiesģbu institśts and abbreviation - Latvijas Cilvčktiesģbu Institśts;
   

Names of the Institute in other languages are:

The Institute on Human Rights of the University of Latvia, Faculty of Law, or abbreviated - Latvian Human Rights Institute;

Institute de Droit de l’Homme Université de Lettonie, or abbreviated - Institute de Droit de l’Homme de Lettonie.

7. 
   The legal address of the Institute is: 19 Raiša blvd., Rģga, LV-1586, LATVIA.
   
8. 
   The Institute is competent to act according to this Statute in Latvia and abroad.
   

2. Objectives and Activities

1. 
   The objective of the Institute is to establish scientific basis for research of Human Rights issues in Latvia and to increase contribution of the University of Latvia and, especially the Faculty of Law to the solution of Human Rights protection issues in Latvia. Within the framework of this objective, the Institute provides students, academic personnel and representatives of corresponding legal professions with the access to international and national documents on Human Rights issues, manuals, international and national verdicts and judgments as well as organizes research and academic activities and prepares publications on Human Rights issues.
   
2. 
   Activities
   

1. 
   The major activities:
   

1. 
   Research and advisory activities.
   

• 
  The Institute organizes research projects on Human Rights issues in close co-operation with other programs of the faculty in order to harmonize Latvian legislation with the international Human Rights standards;
  
• 
  The Institute involves Latvian and foreign scientists and experts in carrying out the projects and examinations conducted by the Institute;
  
• 
  The Institute organizes educational and research conferences and seminars;
  
• 
  The Institute on its own initiative and according to the orders or requests placed makes examinations, works out recommendations for government, non-governmental organizations, judges and advocates on problems of Human Rights implementation.
  
• 
  Education.
  
• 
  The Institute works out and introduces new, up-to-date courses of lectures on Human Rights within the framework of the Faculty of Law bachelors and masters programs and other programs that provide for improving qualifications of practicing lawyers.
  
• 
  Collection and systematization of legal documents.
  
• 
  The Institute sets up a legal library on Human Rights with the objective to provide educational and research programs with the necessary materials.
  

2. 
   Publishing.
   

• 
  Institute issues a quarterly journal “Human Rights Quarterly”
  
• 
  other publishing activities on Human Rights protection problems in Latvia.
  

2. 
   Collateral Activities of the Institute are:
   

1. 
   Organizing and allocating grants of the Institute;
   
2. 
   Developing professional communication and co-operation with similar institutions abroad.
   

3. 
   The foregoing activities of the Institute are not all inclusive. The Institute may expand its activities in other directions according to this Statute and legislation, if it is necessary to achieve its objectives.
   

3. Institute’s Funds and their Allocation

1. 
   The Institute has been financed within the framework of European Union PHARE Democracy program.
   
2. 
   The rest of funding is constituted by:
   

1. 
   payments and donations from various Latvian and foreign legal and natural persons, bank loans;
   
2. 
   profit incurred by the research work, consultations, projects of examinations and other services;
   
3. 
   income from organizing seminars and courses and participation in other study programs;
   
4. 
   funds from the Latvian State budget, which is assigned to the Institute through the Latvian Science Council in accordance with the established financing order;
   
5. 
   funds received as subsidies from other funds, institutions, organizations, enterprises and natural persons, or from other sources.
   

3. 
   Funds of the Institute are assigned to the development of education, science and other objectives of the Institute.
   
4. 
   The Institute is competent to grant scholarships, finance or different support to the students and programs of the Faculty of Law that correspond to the objectives of the Institute.
   
5. 
   The funds of Institute consist of basic capital, floating capital and other financial resources assigned by the University of Latvia, Faculty of Law or which are gained in the course of own activities or on other legal basis. Institute’s financial resources should be used in accordance with the established order of the University of Latvia, this Statute and Objectives of the Institute.
   

4. Provisions governing the institutions

1. 
   Administration of the Institute as an institution of the Faculty of Law is conducted by the Council of the Faculty of Law (hereinafter referred to as ‘Council’). The Institute establishes internal administrative institutions or other institutions which contribute to the achievement of the objectives of the Institute. The Council:
   

1. 
   ratifies budget of the Institute;
   
2. 
   elects and dismisses the Director;
   
3. 
   controls budget disposition;
   
4. 
   ratifies amendments of this Statute on Directors proposal;
   
5. 
   makes decision on the liquidation of the Institute on Directors proposal;
   
6. 
   decides on changes of the status of the Institute.
   

Council has a right to be informed about:

• 
  Institute’s programs and their financing;
  
• 
  projects and examinations made on Institute’s own initiative.
  

2. 
   The Director of the Institute (hereinafter referred to as ‘Director’) is the main executive authority of the Institute. Director is elected for the term of 6 years. Director performs the operative activities of the Institute. Director is entitled to handle the resources of the Institute without a special authorization.
   

Rights and duties of the Director are:

1. 
   to direct and to control officials and employees of the Institute;
   
2. 
   to represent the Institute and act according to his competence in the name of the Institute without a special authorization in relations with the state, local authorities and other organizations as well as to conduct foreign affairs;
   
3. 
   to vise the financial documents of the Institute;
   
4. 
   to make proposals on Institute’s personnel and their wages in accordance with the budget, legislation and statute on wages of the University of Latvia, and determine the competence and authority of the officials;
   
5. 
   to ask for professional advice in dealing with projects and reading lectures;
   
6. 
   to organize and manage projects and examinations;
   
7. 
   to submit proposals to assign scholarships of the Institute;
   
8. 
   to approve formation of a Consultative Council;
   
9. 
   to make proposals on the conclusions of labor and other contracts according to the budget;
   
10. 
    to participate in Council meetings and to vote;
    

3. 
   Director is competent to solve also other issues related to the activities of the Institute that are not delegated to other institutions.
   
4. 
   Institute’s research and administrative personnel is hired with the approval of the Director.
   
5. 
   Consultative Council has an advisory status.
   

5. Supporters of the Institute

1. 
   Supporter of the Institute (hereinafter referred to as ‘Supporter’) is any organization supporting the observation of Human Rights in Latvia and Institute’s activities that has submitted an application approved by the Council.
   

6. The Termination of the Institute

1. 
   The Institute starts, terminates and changes its activities by a decision of the Senate of the University of Latvia, which is proposed by the Faculty of Law.
   
2. 
   Upon the termination of its activities the Council sets up a Commission of liquidation and determines its authority.
   
3. 
   The Commission of liquidation continues and accomplishes tasks started by the Institute, settles its financial obligations, makes payment to the Institute’s creditors and makes claims against its debtors, disposes with the Institute’s property and funds in order prescribed in this Statute and law.
   
4. 
   When the process of liquidation is complete the Council makes a decision on disposition of the remaining Institute’s property and financial resources aimed at development of Human Rights programs in Latvia.
   
5. 
   The Commission of liquidation is accountable to the Council for all its actions taken during the liquidation process and at the end of the process makes a report regarding the disposition of the Institute’s financial resources and property.
   

7. The Procedure of Amending the Statute
7.1. The Statute and its amendments are approved by the Senate of the University of Latvia on the proposal of the Faculty of Law.

„The World Conference on Human Rights reaffirms that States are duty-bound, as stipulated in the Universal Declaration of Human Rights .., to ensure that education is aimed at strengthening the respect of human rights and fundamental freedoms. The World Conference on Human Rights emphasizes the importance of incorporating the subject of human rights education programmes and calls upon States to do so. ..Therefore, education on human rights and the dissemination of proper information, both theoretical and practical, play an important role in the promotion and respect of human rights with regard to all individuals .. .“

(The Vienna Declaration and Programme of Action, para. 33)
Latvian Human Rights Institute

Activities Report
The Human Rights Institute was established at the University of Latvia Faculty of Law in September, 1995, thereby formalizing its commitment to human rights. It marked another step in the reform of legal education in Latvia which is aimed at preparing lawyers who are able to develop the national legal system in accordance with Latvia’s commitment to democracy. It also evidenced the willingness of the Law Faculty and the University to properly receive calls of the World Conference on Human Rights and the UN Decade on Human Rights Education (1995-2000).

The three main policy goals of the Institute are: (1) to bring up a new generation of scholars and experts in Latvia in matters of human rights; (2) to support and promote an already limited number of national experts in matters of human rights by involving them into the Institute’s activities; and (3) to offer the possibility to the relevant State authorities to use their own experts.

Main aims of the Institute are:
(1) proper human rights education for the law and non-law students of the University of Latvia;

(2) research on human rights issues;

(3) publishing Latvian Human Rights Quarterly;

(4) publishing training materials, monographies and articles on human rights issues;

(5) establishing and developing human rights library for the teaching and training purposes at the University of Latvia;

(6) developing proper training programmes for lawyers.

The Institute is a part of the Faculty of Law of the University of Latvia and its undergraduate courses on human rights are included in the syllabus of the Faculty. The Institute has so far been entirely supported by the foreign donors, such as the PHARE Democracy Programme, the Foundation on Inter-Ethnic Relations of the Netherlands, the Swedish Helsinki Committee, the Netherlands Helsinki Committee, the Soros Foundation - Latvia, the Norwegian Institute of Human Rights, the Information and Documentation Centre on the Council of Europe in Riga.
Human Rights Courses for Students
The Advanced Human Rights Course for undergraduate law students of the University of Latvia was worked out by the Institute and integrated in the Law Faculty syllabus as an optional course in Autumn 1996. Upon the successful completion of the course the 3^rd and 4^th year law student obtained 2 credit points. The course consists of 32 lectures.

The second year law students, according to the Law Faculty syllabus, receive basic training in human rights law within the general course on human rights which is a part of the mandatory courses of the syllabus. The aim of the Advanced Course is to attract those 25 graduate law students who have particular interest in human rights and who consider their future to be linked with human rights. On the basis of the general knowledge obtained in the general course, the Advanced Course builds up and expands upon the theoretical and practical issues related to human rights. The topics covered in the course are comprehensive (see Annex 2). The general aim of this course is to prepare lawyers who could professionally deal with human rights issues being judges, politicians, civil servants, experts of the State Human Rights Office or any other institution.

The number of students to the course is limited to 25 in order to encourage discussions on the taught topics. Students are requested to write an essay on the suggested or chosen topic. The examination is in the form of a written test at the end of the course. The most outstanding students are awarded with the Certificate upon the successful fulfillment of all the requirements.
The Institute also offers the Basic Human Rights Course. This course was worked out and offered as an optional course for the 3^rd and 4^th year students of the other Humanitarian Faculties of the University: Faculty of History and Philosophy, Philology, and Pedagogical Faculty. Upon the successful completion of the course students received 2 or 4 credit points according to the requirements of each faculty.

The course consists of 26 lectures. The Institute has worked out the general course on Human Rights to ensure as broad as possible human rights education at the University of Latvia. The more specific purpose of the course is to give a general understanding of human rights, their philosophy and the role in a democratic society as well to introduce the human rights concept, as perceived in the Western democracies. The structure and methodology of the course is similar to the one for law students and it covers the different human rights issues (see Annex 3). The number of participants is restricted to 50. The successful students are also awarded with certificates.

Starting in the Autumn semester 1997, the Institute will introduce the Basic Human Rights Course for the law students as a part of the mandatory courses of the Law Faculty syllabus. In the Spring semester 1998, the Institute will introduce the Advanced Human Rights Course for Graduate Students of the Law Faculty. The Institute will continue to run the optional Basic Human Rights Course for non-law students.
For each of the course, the Institute prepares relevant training materials which consist of international human rights instruments, relevant national legislation, suggested literature for each topic covered in the respective course as well extracts from relevant publications and case law (court practice). Based on the acquired experience in carrying out human rights education activities, the Institute is prepared to publish two books on human rights.

Training Courses on Human Rights for Lawyers
The Latvian Human Rights Institute is developing a long-term Training Programme on Human Rights for Judges. The Institute sees that human rights education for all target groups can benefit from a systematic approach and carefully considered methods of training. The aim of the particular Programme is to teach Latvian judiciary to implement national and international human rights standards, by letting them to acknowledge the human rights catalogue and the content of each human right. The Programme contains lectures and case studies, one or two conferences and the study visit to Strasbourg. The lectures are given by the Institute members, other national and foreign experts. The first set of lectures starts in autumn 1997. The Institute is involved in developing the training course for civil servants and advocates.

Research and Publications of the Latvian Human Rights Institute
Individual members of the Institute have published several articles and other materials on human rights (see Annex 1). In addition to such individual work, Institute members have also collaborated on research and publication projects upon the request of other human rights orientated organizations, many of which have been funded by outside agencies.
Since 1996 the Institute publishes the Latvian Human Rights Quarterly. It has become possible owing to the financial support of the Swedish Helsinki Committee. The journal is being published in Latvian with the Summaries in English and Russian in it. The Quarterly begun to be published in English in 1997. The Quarterly contains articles on human rights issues in Latvia and abroad by national and foreign human rights experts, international and national human rights treaties and documents, decisions of the European Court of Human Rights as well Latvian courts dealing with Human Rights violations, and the information on different activities (conferences, seminars, human rights courses) carried out by the Institute alone or in co-operation with other institutions in Latvia. In 1996, the following articles were published in the Quarterly:
Alfredsson, Gudmundur. United Nations human rights activities.

Bloed, Arie. OSCE Human dimension and High Commissioner on Minorities.

Cielava, Valdis. Basic rights - empty space in Satversme (the Constitution).

van Dijk, Pieter. Human rights and domestic courts: the Netherlands.

Fogels, Aivars. Top problems of Latvia in the field of human rights.

Muiýnieks, Nils. Hot human rights issues in Latvia: practitioner’s evaluation.

Ziemele, Ineta. Human Rights implementation mechanisms in Latvia.
In addition to scholarly articles, the Quarterly contains the Section on “Documents” in which the most important Latvian human rights laws are reprinted for the reader as well the Section on “Case Law” devoted to the decisions of the European Court of Human Rights and the decisions of the Latvian national courts concerning human rights issues. The latter is significant contribution to the promotion of human rights idea among the practicing lawyers in Latvia because the number of judgments containing a reference to international human rights instruments is yet very small.

The Section on “Information” provides an information on various activities (conferences, seminars, courses) in the field of human rights carried out by the Institute as well other organizations and institutions working in the field or dealing with the human rights issues in Latvia, and introduces the new acquisitions of the Institute’s Documentation Centre.

Since 1996 the Institute annually produces the National Reports on Human Rights Situation in Latvia for the Human Rights Directorate of the Council of Europe. It collects together primary source materials on human rights matters in Latvia, including draft laws or laws recently adopted, parliamentary debates, judicial decisions referring to the European Convention on Human Rights and bibliographical information on publications and the development of the doctrine on human rights in Latvia.
The Institute has done an independent examination on the compliance of the Republic of Latvia laws with the International Covenant on Civil and Political Rights. The work was done after the Initial Report on the implementation of the Covenant by the Republic of Latvia was submitted to the Human Rights Committee in 1995. The research completed by the group of experts consisting of the Institute members and invited experts produced a collection of critical appraisals, comments and evaluations on the Report, which were published by the Institute in its second issue of the Latvian Human Rights Quarterly in 1996. This publication is the first release of the Initial Report in public and the commentaries provided by the experts give a solid description of the present human rights situation in Latvia.
The Institute submits its comments in matters of human rights upon the request of state authorities. It has commented on the Draft Law on Supplementing the Constitution with the Human Rights Catalogue, upon the request of the Human Rights Committee of the Parliament and on the Bill on the Rights to the Compensation in the Case of the Miscarriage of Justice upon the request of the State Chancellery.
On the basis of the agreement with the State Human Rights Office, the Institute works on several research projects on different human rights issues in Latvia. The research topics are commissioned by the State Human Rights Office.
Arising out of a 1996 seminar Role of Administrative Procedure and Judiciary in Human Rights Implementation in Latvia, the Institute has commissioned a number of authors to write chapters on the issues discussed in the seminar for a book to be published by the Institute in 1997.

Conferences and Seminars organized by the Latvian Human Rights Institute
The Institute sees conferences and seminars as one of the means in promoting human rights education in Latvia. Such activities can fulfill a number of different purposes, such as providing information, allowing scholars and practitioners to share knowledge and experience, and facilitating human rights training. The Institute has organized a number of such activities.
In September 1995, the Institute in cooperation with the Foundation on Inter-Ethnic Relations (the Netherlands) organized a two days conference in Riga on Human Rights Implementation Mechanisms. It was attended by over 50 people and speakers included Gudmundur Alfredsson, Professor, Co-Director, the University of Lund (Sweden), Pieter van Dijk, Member of the Council of State (the Netherlands), Arie Bloed, Director of the Foundation of the Inter-Ethnic Relations (the Netherlands), Frank Steketee, the Council of Europe expert, Despina the Council of Europe expert, Ineta Ziemele, Acting Director of the Institute, and Kaija Gertnere, Acting Director of the State Human Rights Office. The conference was supported by the Council of Europe Human Rights Directorate. This seminar started the series of international conferences in Riga for lawyers organized by the Institute every September.
In May 1996, the Institute was one of the co-organizers of the seminar on Minority Rights and Institutions Facilitating Government - Minority Dialog. The organizer of the seminar was Latvian Centre for Human Rights and Ethnic Studies. Among other speakers such as Max van der Stoel, the High Commissioner on National Minorities of the OSCE, Guntis Ulmanis, the President of the Republic of Latvia, the speech was delivered also by the Acting Director of the Institute - Ineta Ziemele. The seminar was attended by more than 70 interested persons.
In September 1996, the annual conference on the Role of Administrative Procedure and Judiciary in Human Rights Implementation in Latvia took place and was attended by in excess of 100 representatives of legal professions and civil servants. Speakers included Valdis Cielava, Ministry of Justice, Vija Jâkobsone, Council of the Sworn Advocates of Latvia, Gunârs Kusiðø, Legal Office of the Parliament, Ineta Ziemele, Latvian Human Rights Institute, Andris Guîâns, Supreme Court of the Republic of Latvia, Egils Levits, Judge of the European Court of Human Rights, Edvìns Ziediðø, General Prosecutor’s Office, Aija Osmane, Attorney, and Anne Niemi, Supreme Administrative Court, Finland, and others. The conference was financially supported by the Council of Europe, the Ministry of Justice of the Republic of Latvia, the Supreme Court of the Republic of Latvia and the Council of the Sworn Advocates of Latvia and organized in collaboration with the General Prosecutors’ Office of the Republic of Latvia, Latvian Association of Judges and Information and Documentation Centre of the Council of Europe in Latvia.
In September 1996, the Institute in co-operation with the State Human Rights Office organized three days round table for national experts on Urgent Questions on Human Rights Teaching in Latvia, which was moderated by Egils Levits, Justice of the European Court of Human Rights, former Minister of Justice and Ambassador in Germany and Switzerland. It was attended by over 20 professors and lecturers.
In December 1996, the theme of Implementation of the European Convention on Human Rights and Fundamental Freedoms was explored at two days seminar in Riga. It was organized by the Institute in association with the Information and Documentation Centre of the Council of Europe and the State Human Rights Office. The seminar was attended by in excess of 80 representatives of legal professions and the speakers included Jeremy McBride, Senior Lecturer, Institute of European Law, University of Birmingham, Laura Yli-Vakkuri, Council of Europe Human Rights Directorate, Mark Villiger, European Commission of Human Rights, Mârtiðø Mits, Latvian Human Rights Institute.
In January 1997, the Institute assisted the State Human Rights Office in organizing two days seminar on Interpretation of Human Rights and Application of International Treaties by the State and Local Authorities. The seminar was moderated by Michael Geistlinger, Professor of Salzburg University, it was financed by the Council of Europe Human Rights Directorate and it attracted roughly 20 people.
In February 1997, two days conference on the Implementation of Human Rights Norms by the Courts was organized by the Institute with the assistance of the Latvian Judicial Training Centre. It was attended by more than 50 judges. Speakers included Jeremy McBride, Senior Lecturer, Institute of European Law, University of Birmingham, Egils Levits, Justice of the European Court of Human Rights, Aivars Endziðø, Chairman of the Constitutional Court of Latvia, Mârtiðø Mits, Deputy Director of the Latvian Human Rights Institute, Jautrìte Briede, the Head of the Analyze Department of the State Human Rights Office, Aija Branta, Justice of the Supreme Court of the Republic of Latvia, Kaija Gertnere, the Head of the State Human Rights Office.
In May 1997, the Institute assisted the State Human Rights office in organizing two days seminar on the European Convention on Human Rights in Action for advocates by developing the programme of the seminar. The Finnish League for Human Rights was actively involved in the project. All lecturers represented the Finnish League: Martin Scheinin, Professor in Helsinki University, Member of the UN Human Rights Committee, Kirsi Tarvainen, Lawyer, Juhani Kortteinen, Associate Professor in University of Helsinki, Jukka Viljanen, Associate Professor, Tampere University. The financial contributor was the State Human Rights Office.
The members of the Institute have participated and delivered speeches in the following events:

in September 1995, Ineta Ziemele presented a paper on International and National Mechanisms for Implementation of International Liabilities in the seminar on Latvia in “UN System”;

in November 1995, she lectured on Legal Status of Non-Citizens in International Law in the seminar on “Legal and Social Status of Non-citizens”;

in December 1995, she participated in the Second Assembly of the United Nations Association of Latvia with the speech on Juridical Mechanisms for Protection of Children Rights in Latvia;

in February 1996, the Deputy Director Mârtiðø Mits gave a lecture on the Rights of a Child Under International Law at the V Congress of the Latvian School Librarians;

in April 1996, Ineta Ziemele presented a paper on the Legal Aspects of Minority issues in Latvia in the seminar “Minority Rights and Institutions Facilitating Government - Minority Dialog”;

in September 1996, Ineta Ziemele as an expert was invited to the Seminar on National Human Rights Institutions organized by OSCE in Tashkent where she delivered a speech on the Role of Research Institutes in Promotion of Human Rights within the Process of Formation of a Democratic State;

in September 1996, she delivered a speech on the Place of International Treaties within Domestic Law at the conference “Role of Administrative Procedure and Judiciary in Human Rights Implementation in Latvia”;

in October 1996, Mârtiðs Mits delivered a speech on Human Rights and Patients Rights at the Conference organized by the Latvian Physicians’ Association;

in November 1996, he presented a paper on the Rights of a Child Under International Law at the Congress of Librarians of the Baltic and Nordic States in Riga;

in December 1996, he presented a paper on the Status and Implementation of the European Convention on Human Rights in Latvia at the conference “Implementation of the European Convention on Human Rights and Fundamental Freedoms”.

in January 1997, the lecture on the Implementation of Human Rights Norms by Courts given by Mârtiðs Mits was included in the Training Programme for Judges conducted by the Latvian Judicial Training Centre.

in February 1997, he presented a paper on the Fundamental Principles of Human Rights Implementation in Latvia at the conference “Implementation of Human Rights Norms by the Courts”.

In April 1997, Ineta Ziemele presented a paper on Minority Right to Education: International Experience and Possibilities in Latvia at the seminar “Russians in Baltics. Education as a Cultural Heritage and a Way of Integration: Dialogue with the State”.

in April 1997, she was invited by the International Commission of Jurists to speak at the Congress of European Sections of ICJ in Strasbourg on Human Rights in the Domestic Legal Systems of Several Eastern European States.

in May 1997, Ineta Ziemele was invited by the International Law Association (British Branch) to speak at the Oxford Speakers Series on The Case of the Baltic States: Human Rights, Democracy and National-State.