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The Declaration "On the Restoration of Independence of the Republic of Latvia" ( lv, Deklarācija par Latvijas Republikas neatkarības atjaunošanu) was adopted on 4 May 1990 by the
Supreme Soviet of the Latvian SSR The Supreme Soviet of the Latvian SSR ( Latvian: ''Latvijas PSR Augstākā Padome''; Russian: Верховный Совет Латвийской ССР, ''Verkhovnyy Sovet Latvyyskoy SSR'') was the supreme soviet (main legislative institution ...
in which Latvia declared independence from the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
. The Declaration stated that, although
Latvia Latvia ( or ; lv, Latvija ; ltg, Latveja; liv, Leţmō), officially the Republic of Latvia ( lv, Latvijas Republika, links=no, ltg, Latvejas Republika, links=no, liv, Leţmō Vabāmō, links=no), is a country in the Baltic region of ...
had ''
de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with '' de jure'' ("by l ...
'' lost its independence in 1940, when it was annexed by the Soviet Union, the country had ''
de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legall ...
'' remained a sovereign country as the annexation had been unconstitutional and against the will of the Latvian people. It asserted the priority of the basics of the international law over the national laws and therefore it resolved that the
Molotov–Ribbentrop Pact , long_name = Treaty of Non-Aggression between Germany and the Union of Soviet Socialist Republics , image = Bundesarchiv Bild 183-H27337, Moskau, Stalin und Ribbentrop im Kreml.jpg , image_width = 200 , caption = Stalin and Ribbentrop shaking ...
and the
Soviet occupation of Latvia in 1940 The Soviet occupation of Latvia in 1940 refers to the military occupation of the Republic of Latvia by the Soviet Union under the provisions of the 1939 Molotov–Ribbentrop Pact with Nazi Germany and its Secret Additional Protocol signed in ...
were illegal. It also asserted that the heavily rigged
1940 elections The following elections occurred in the year 1940. Africa * 1940 South-West African legislative election Asia * 1940 Philippine special election Europe * 1940 Moldavian parliamentary election * 1940 Swedish general election United Kingdom * 194 ...
were illegal and unconstitutional, and that all acts of the chosen at that election–including the request to join the Soviet Union on 21 July 1940–were ''ipso facto'' void. On this basis, the Supreme Soviet–now renamed the Supreme Council–annulled the declaration on the accession of Latvia to the Soviet Union, reinstituted the
Constitution of Latvia The Constitution of Latvia ( lv, Satversme) is the fundamental law of the Latvia, Republic of Latvia. Satversme is the oldest Central and Eastern Europe, Eastern or Central European constitution still in force and the sixth oldest still-funct ...
(Satversme) of 1922, which was thereupon partly suspended, and began a transition to ''de facto'' independence, which would end upon the first session of
Saeima The Saeima () is the parliament of the Republic of Latvia. It is a unicameral parliament consisting of 100 members who are elected by proportional representation, with seats allocated to political parties which gain at least 5% of the popular v ...
. It also ruled that during the transitional period the Constitution of the Latvian SSR and other laws would remain applicable as long as they did not contradict articles 1, 2, 3, and 6 of Satversme, which were reinforced by the declaration. It was provided that a committee to elaborate a new edition of Satversme should be created. Social, economic, cultural, and political rights were granted to citizens and residents of Latvia in accordance with international
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
. The declaration also stated that Latvia would form its relationship with the Soviet Union on the basis of the Latvian–Soviet Peace Treaty of 1920, in which the Soviet Union had recognized the independence of Latvia as inviolable "for all future time". 4 May is a national holiday in Latvia.


Overview


Historical and juridical background

The Declaration begins by reiterating several historical facts. On the basis of these facts, it argued that the Republic of Latvia was still ''de jure'' a sovereign country. It observes that Latvia's declaration of independence on 18 November 1918 was internationally recognized in 1920, and that Latvia was admitted to membership in the
League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference th ...
in 1921. The first country to recognize the independence of Latvia ''de jure'' was
Soviet Russia The Russian Soviet Federative Socialist Republic, Russian SFSR or RSFSR ( rus, Российская Советская Федеративная Социалистическая Республика, Rossíyskaya Sovétskaya Federatívnaya Soci ...
on 11 August 1920, when the Soviet-Latvian Peace treaty was signed (it is generally considered that the independence of Latvia ''de jure'' was internationally recognized on 26 January 1921, when it was recognized by the
Allies of World War I The Allies of World War I, Entente Powers, or Allied Powers were a coalition of countries led by France, the United Kingdom, Russia, Italy, Japan, and the United States against the Central Powers of Germany, Austria-Hungary, the Ott ...
). The declaration notes that in April 1920 the Latvian nation followed the principle of
self-determination The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a '' jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It sta ...
by electing a Constitutional Assembly of Latvia, which adopted the
Constitution of Latvia The Constitution of Latvia ( lv, Satversme) is the fundamental law of the Latvia, Republic of Latvia. Satversme is the oldest Central and Eastern Europe, Eastern or Central European constitution still in force and the sixth oldest still-funct ...
on 15 February 1922, in general, equal and direct elections, based on
proportional representation Proportional representation (PR) refers to a type of electoral system under which subgroups of an electorate are reflected proportionately in the elected body. The concept applies mainly to geographical (e.g. states, regions) and political divis ...
. On 23 August 1939, the Soviet Union and
Nazi Germany Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
signed the
Molotov–Ribbentrop Pact , long_name = Treaty of Non-Aggression between Germany and the Union of Soviet Socialist Republics , image = Bundesarchiv Bild 183-H27337, Moskau, Stalin und Ribbentrop im Kreml.jpg , image_width = 200 , caption = Stalin and Ribbentrop shaking ...
, which included a secret protocol dividing
Eastern Europe Eastern Europe is a subregion of the European continent. As a largely ambiguous term, it has a wide range of geopolitical, geographical, ethnic, cultural, and socio-economic connotations. The vast majority of the region is covered by Russia, whi ...
into spheres of influence. Latvia was apportioned to the Soviet sphere and on 5 October 1939, signed a mutual assistance pact. On 16 June 1940, the Soviet Union issued an ultimatum to Latvia accusing it of not carrying out the treaty, namely of forming a military alliance against the USSR, and requested a new government to be formed and to guarantee Soviet military free entrance in Latvia. The Latvian government decided to give in to the ultimatum and on 17 June 1940, Soviet forces entered Latvia. The Declaration states that the Soviet ultimatum and ensuing invasion amounted to an "international crime," and contended that the government formed in accordance with Soviet demands should not be recognized as a representative of Latvian state power, since it represented Soviet, not Latvian, interests. On 14–15 July 1940, elections were held for the (a Soviet-type
parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
of Latvia). The People's Saeima met on 21 July 1940 and declared accession to the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
. The declaration states that the election of the People's Saeima took place on the basis of unconstitutional and illegally adopted election law in a state of political terror. It noted that the " Latvian Working People's Bloc" (installed by the legalized
Communist Party of Latvia The Communist Party of Latvia ( lv, Latvijas Komunistiskā partija, LKP) was a political party in Latvia. History Latvian Social-Democracy prior to 1919 The party was founded at a congress in June 1904. Initially the party was known as the Latvia ...
) was the only party allowed to contest the election out of 17 parties which submitted lists. According to the declaration, the Labor People's Bloc gave no indication prior to the election that it intended to make Latvia part of the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
, and the election results were heavily falsified. The declaration observes that the People's Saeima was formed by misleading the people and therefore did not express the sovereign will of the Latvian people. It also notes that the People's Saeima had no right to liquidate Latvia's sovereignty on its own authority, since the Constitution required that any major change in the form of the state and its political system must be submitted to a national referendum. Therefore, the Declaration argued that the annexation of Latvia to the Soviet Union was not valid under
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
. It therefore reasserted the status of the Republic of Latvia as a ''de jure'' subject of international law, and noted that more than 50 countries still recognized Latvia as an independent state. The Supreme Council thus took the line that Latvia did not need to follow the secession process outlined in the Soviet Constitution, since the Declaration was reasserting an independence that still legally existed.


Basis

After concluding that the Republic of Latvia ''de jure'' is a sovereign country the Declaration makes note of previously adopted documents and explains that the Supreme Soviet is acting according to the will of inhabitants of Latvia. First it notes two previous declarations of the Supreme Soviet — "On sovereignty of state of Latvia" of 28 July 1989, which declared that the Latvian SSR will act as a sovereign state and that laws adopted by the Soviet Union will come in force in the territory of Latvian SSR only if the Supreme Soviet has ratified them and "In question of independence of Latvia" of 15 February 1990, in which the Supreme Soviet condemns declaration "On accession of Latvia to Soviet Union" of 21 July 1940, however none of these explicitly called for secession from the Soviet Union. Secondly it notes Appeal of All-Latvian congress of people deputies of 21 April 1990, which called for restoration of independence. Then it is stated that the Supreme Soviet is acting in accordance with the will of inhabitants of Latvia, which had been clearly expressed by electing as a majority those deputies, who had stated that they will restore independence of the Republic of Latvia in their reelection programme.


Act

After establishing that the Republic of Latvia ''de jure'' is a sovereign country and that by the will of its people it should be independent, the Supreme Soviet ruled:
1. To recognize the priority of international laws over national laws. To hold to be illegitimate the treaty between the USSR and Germany of 23 August 1939, and the consequent liquidation of independence of Latvia resulting from Soviet military aggression on 17 June 1940.
2. To proclaim the declaration "On accession of Latvia to Soviet Union" of 21 July 1940, to be void from the moment of adoption.
3. To re-establish the authority of the
Constitution of Latvia The Constitution of Latvia ( lv, Satversme) is the fundamental law of the Latvia, Republic of Latvia. Satversme is the oldest Central and Eastern Europe, Eastern or Central European constitution still in force and the sixth oldest still-funct ...
. The official name of the state of Latvia is the Republic of Latvia, in short Latvia.
4. To suspend the Constitution of Latvia until a new edition is adopted, except for the articles, which in accordance with the 77 article of the Constitution can only be amended if submitted to a national referendum:
1. ''Latvia is an independent democratic republic.''
2. ''The sovereign power of the State of Latvia is vested in the people of Latvia.''
3. ''The territory of the State of Latvia, within the borders established by international agreements, consists of
Vidzeme Vidzeme (; Old Latvian orthography: ''Widda-semme'', liv, Vidūmō) is one of the Historical Latvian Lands. The capital of Latvia, Riga, is situated in the southwestern part of the region. Literally meaning "the Middle Land", it is situated in ...
,
Latgale Latgale ( ltg, Latgola; ; ger, Lettgallen; be, Латгалія, Łathalija; pl, Łatgalia; la, Lettgallia), also known as Latgalia is one of the Historical Latvian Lands. It is the easternmost region and is north of the Daugava River. While ...
, Kurzeme and
Zemgale Semigallia, also spelt Semigalia, ( lv, Zemgale; german: Semgallen; lt, Žiemgala; pl, Semigalia; liv, Zemgāl) is one of the Historical Latvian Lands located in the south of the Daugava river and the north of the Saule region of Samogitia. ...
.''
6. ''The Saeima shall be elected in general, equal and direct elections, and by secret ballot based on proportional representation.''
Article 6 shall be applied when the governmental institutions of independent Latvia have been restored, which grant free elections.
5. To set a period of transition to de facto independence until the first session of the new Saeima. During the transitional period the highest power of the state shall be the
Supreme Council of the Republic of Latvia The Supreme Council of the Republic of Latvia (Latvian: Latvijas Republikas Augstākā Padome) was the transitional parliament of Latvia from 1990 to 1993, after the restoration of independence. The Supreme Council was elected on 1990 as the Sup ...
.
6. During the transitional period the Constitution of the Latvian SSR and other laws of the Latvian SSR in force at the time when the declaration was made may be applicable as long as they do not contradict articles 1, 2, 3 and 6 of the Constitution of Latvia. Disputes over the applicability of laws shall be resolved by the Constitutional Court. During the transitional period laws shall be made or amended only by the Supreme Council.
7. To constitute a committee, which will elaborate a new edition of the Constitution of Latvia, suitable to the current political, economic and social state of Latvia.
8. In accordance with international
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
, to grant social, economic and cultural rights, as well as political freedoms, to the citizens of Latvia and other countries, who reside in the territory of Latvia. This shall fully apply to those citizens of the Soviet Union who chose to reside in Latvia without its citizenship.
9. To build Latvian-Soviet relationships upon the Latvian-Soviet peace treaty of 11 August 1920, in which the Soviet Union recognizes eternal independence for Latvia and which is still in force. To constitute a committee for negotiations with USSR.


Adoption

The Supreme Soviet was elected on 18 March 1990; it was the first election in Soviet Latvia in which multiple parties were allowed to participate. 201 deputies were elected. The declaration was adopted on 4 May 1990, in an open vote, a majority of two thirds — 132 votes — was required, 138 deputies voted for adoption of the declaration, 1 abstained, while others did not participate in the vote and therefore there were no votes against the declaration.


Response

On 4 May 1990, after the declaration was adopted, the
Communist Party of Latvia The Communist Party of Latvia ( lv, Latvijas Komunistiskā partija, LKP) was a political party in Latvia. History Latvian Social-Democracy prior to 1919 The party was founded at a congress in June 1904. Initially the party was known as the Latvia ...
resolved that it was unconstitutional, contained notable contradictions and historical inaccuracies, and noted that such issues should be decided by referendum. The Communist Party deemed that the declaration might trigger the
President of the Soviet Union The president of the Soviet Union (russian: Президент Советского Союза, Prezident Sovetskogo Soyuza), officially the president of the Union of Soviet Socialist Republics (), abbreviated as president of the USSR (), was ...
to take countermeasures, therefore the party should launch a propaganda campaign against the declaration and ask the President of the Soviet Union to annul the declaration of the Supreme Soviet. On 14 May 1990, the President of the Soviet Union
Mikhail Gorbachev Mikhail Sergeyevich Gorbachev (2 March 1931 – 30 August 2022) was a Soviet politician who served as the 8th and final leader of the Soviet Union from 1985 to the country's dissolution in 1991. He served as General Secretary of the Com ...
issued a decree stating that the declaration violated the
Constitution of the Soviet Union During its existence, the Soviet Union had three different constitutions in force individually at different times between 31 January 1924 to 26 December 1991. Chronology of Soviet constitutions These three constitutions were: * 1924 Constitu ...
and the Constitution of the Latvian SSR and thus stood void from the moment of adoption. The Supreme Council answered that the Constitution of the Soviet Union did not grant the president the right to annul acts adopted by Supreme Soviets of Soviet republics. Furthermore, the Supreme Council announced that the Supreme Soviet, as the legal successor of the People's Saeima, had the right to annul its decisions which contradicted the
Constitution of Latvia The Constitution of Latvia ( lv, Satversme) is the fundamental law of the Latvia, Republic of Latvia. Satversme is the oldest Central and Eastern Europe, Eastern or Central European constitution still in force and the sixth oldest still-funct ...
which was in force at the time these decisions were made and as the
Constitution of the Soviet Union During its existence, the Soviet Union had three different constitutions in force individually at different times between 31 January 1924 to 26 December 1991. Chronology of Soviet constitutions These three constitutions were: * 1924 Constitu ...
ruled that the Soviet Union was founded upon principles of
self-determination The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a '' jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It sta ...
, but Latvia was forcibly annexed, reference to it had no juridical basis regarding the Latvian SSR. It also noted that the law of the Soviet Union regarding secession from the Soviet Union to which the decree also referred was not in force in the territory of the Latvian SSR as the Supreme Soviet had not ratified it and that the law contradicted the Constitution of the Soviet Union and the Constitution of Latvian SSR, which provided that Soviet republics can freely secede from the Soviet Union. It was stated that the call for a referendum on secession from the Soviet Union to take place has neither a legal or a political basis, because Latvia had been annexed by the Soviet Union without holding a referendum, which was required by the Constitution of Latvia. Therefore, the Supreme Council argued, Latvia was not seceding from the Soviet Union, but reasserting an independence that still existed under international law. It was noted that the Constitution of the Latvian SSR did not call for a referendum as it had been stated in the decree, but recommended two alternatives – either a referendum or a public debate which had ''de facto'' taken place as it had been discussed in the press and several public opinion polls had taken place showing that a majority of the public supported independence. Similarly in the All-Latvian congress of people deputies of 21 April 1990, 8003 had voted for restoration of independence and the declaration had been adopted by a vote of two thirds of members of the Supreme Soviet which was required for constitutional amendments. Furthermore, the Supreme Council referred to the result of elections of Supreme Soviet as a clear indicator of public opinion that supporters of independence had won the election. The Supreme Council stated that by 28 May 1990, it had received letters and telegrams from 646,726 residents of the Republic supporting the declaration and only 8,993 people had expressed opposition. Given these provisions, the Supreme Council stated that the Declaration was legitimate and in force.


Further developments

On 21 August 1991, during the Soviet coup d'état attempt, the Supreme Council adopted a Constitutional law, "On the statehood of the Republic of Latvia", repealing Article 5 of the Declaration, thus ending the transitional period and restoring ''de facto'' independence. However, some elements defining the transitional period remained in force until the first session of the 5th Saeima on 6 July 1993 – The Supreme Council remained the highest power of the state and the constitution was suspended. On 31 July 1990, the Supreme Council formed a work group of 22 deputies, which had to elaborate a new edition of the Constitution before 1 January 1990, though a new edition was never drafted and the Constitution was restored unamended. The Constitutional Court, which was intended to resolve Constitutional disputes during the transitional period, was only founded in 1996. To comply with international human rights as indicated in Article 8, the Supreme Council adopted a declaration of human rights immediately after the Declaration of independence. On September 6, 1991, after the failed coup attempt, the Soviet Union recognized Latvia's independence.Soviet Turmoil; Soviets Recognize Baltic Independence, Ending 51-year Occupation of 3 Nations
by Serge Schmemann, September 7, 1991.


See also

*
Act of the Re-Establishment of the State of Lithuania The Act of the Re-Establishment of the State of Lithuania or Act of March 11 ( lt, Aktas dėl Lietuvos nepriklausomos valstybės atstatymo) was an independence declaration by Lithuania adopted on March 11, 1990, signed by all members of the ...
– A similar Act in the
Lithuanian SSR The Lithuanian Soviet Socialist Republic (Lithuanian SSR; lt, Lietuvos Tarybų Socialistinė Respublika; russian: Литовская Советская Социалистическая Республика, Litovskaya Sovetskaya Sotsialistiche ...
*
Baltic Way The Baltic Way ( lt, Baltijos kelias, lv, Baltijas ceļš, et, Balti kett) or Baltic Chain (also "Chain of Freedom") was a peaceful political demonstration that occurred on 23 August 1989. Approximately two million people joined their hands to ...
*
Estonian Restoration of Independence Estonian Restoration of Independence, legally defined as the Restoration of the Republic of Estonia, was proclaimed on 20 August 1991. On that day at 23:02 local time, the Supreme Council of the Republic of Estonia, in agreement with the Eston ...
– A similar Act in the
Estonian SSR The Estonian SSR,, russian: Эстонская ССР officially the Estonian Soviet Socialist Republic,, russian: Эстонская Советская Социалистическая Республика was an National delimitation in ...
* 1991 Latvian independence and democracy referendum *
State continuity of the Baltic states The three Baltic countries, or the Baltic states – Estonia, Latvia, and Lithuania – are held to have continued as legal entities under international law Ziemele (2005). p118. while under the Soviet occupation from 1940 to 1991, as well as ...
*
Dissolution of the Soviet Union The dissolution of the Soviet Union, also negatively connoted as rus, Разва́л Сове́тского Сою́за, r=Razvál Sovétskogo Soyúza, ''Ruining of the Soviet Union''. was the process of internal disintegration within the Sov ...


References


External links

*Video from session of Supreme council on 4 May 1990
Part IPart IIPart IIIPart IVPart V
{{Latvia topics Dissolution of the Soviet Union Law of Latvia Declarations of independence 1990 in Latvia Singing Revolution 1990 in the Soviet Union May 1990 events in Europe 1990 documents