HUMAN RIGHTS COMMITTEE EXAMINES ESTONIA REPORT

24 October 1995

Press Release
HR/CT/440

HUMAN RIGHTS COMMITTEE EXAMINES ESTONIA REPORT

19951024 GENEVA, 23 October (United Nations Information Service) -- The attitude of Estonian authorities towards minorities was questioned this morning as the Human Rights Committee examined the initial report of Estonia on how it was implementing the International Covenant on Civil and Political Rights. Experts found that 28 per cent of the population were considered non-citizens, their political participation was restricted and their right to acquire property curtailed.

Committee members viewed the exclusion of close to one third of the total population as a separate category to be an intolerable act which gave rise to international concern. The discrimination against citizens from holding public office was also mentioned.

The head of the delegation, Aino Lepik, Head of the Human Rights Division, Ministry of Foreign Affairs of Estonia, said that since the restoration of independence, her country was working hard to reform and rapidly recreate a civil society based on the rule of law. Capital punishment was still in effect. Some Committee members demanded its abolition through the adoption of the Second Optional Protocol to the Covenant.

Ms. Lepik was accompanied by Rait Maruste, Chief Justice, National Court; Mai Hion, lawyer with the Law Firm "Lohmus & Teeveer"; Mari-Ann Kelam, Press Spokeswoman, Ministry of Foreign Affairs; Sven Jürgenson, Deputy Political Director, Ministry of Foreign Affairs, and Olavi Israel, Legal Counsellor, Ministry of Justice.

Introduction of Estonia Report

Ms. LEPIK (Estonia), introducing the report, said Estonia believed in applying international know-how and expertise in all areas -- in human rights just as much as in economics, the environment, or any other field. Estonia particularly valued the importance of the rule of law and international law with the understanding that fundamental human and civil rights standards should be applied non-selectively, both domestically and internationally.

She said that all the remarkable progress Estonia had made in developing its statehood during the two decades of independence before the Second World War was interrupted and nullified by Soviet rule. However, since the

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restoration of independence on the basis of de jure legal continuity in 1991, Estonia had worked hard to reform, modernize and rapidly recreate a civil society based upon the rule of law. Universally recognized principles and norms of international law, including the International Covenant on Civil and Political Rights, were inseparable parts of the Estonian legal system.

Following the national referendum which took place in 1992 in order to approve the new Constitution, it was found necessary to draft a large number of laws to implement the Constitution and to create many institutions essential for the functioning of the State. So far, the national Parliament, the Riigikogu, had enacted over 400 laws and all of the institutions listed in the Constitution were functioning properly. One of those institutions was the office of the Legal Chancellor who was an independent official monitoring whether legislative acts were in accordance with the Constitution and the law.

With regard to elections, legislation dealing with voting had remained the same for foreigners residing in Estonia. Non-citizens still had the right to vote in local elections, a right which they had actively exercised. Although all were Estonian citizens, almost 50 per cent of the members of the Tallinn City Council were of non-Estonian ethnic origin.

Concerning citizenship, the new Citizenship Law, which came into force on 1 April, brought all the regulations pertaining to citizenship into one document. A foreigner who wished to obtain Estonian citizenship through naturalization should be at least 15 years old and should have resided as a permanent resident for at least five years. That five-year residence requirement did not apply for those who lived in Estonia before 1 July 1990.

Capital punishment still existed under Estonia's present legislation. The criminal code prescribed the death penalty as punishment for certain serious crimes. However, the new criminal code which was in the final draft stage no longer prescribed the death penalty. No executions had taken place in Estonia since the restoration of independence. Prison conditions were far from satisfactory. As of 1 September, there were 3,940 persons confined in 12 penal institutions; these were overcrowded, and the buildings were seriously in need of renovation and modernization.

Questions by Experts

Following the presentation of the report, several experts asked questions focusing on the situation of non-citizens and their legal rights in relation to the Covenant. Several experts said that the 28 per cent of the population considered as non-Estonian citizens, most were of Russian origin, their situation resulting from the lengthy occupation by Soviet rule. The experts asked the delegation about the status of that category. Many expressed

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concern that such a situation excluded one part of the population as aliens. What percentage of those aliens had so far been granted citizenship? The requirement of Estonian language proficiency was considered an obstacle to the speedy naturalization of aliens. Many experts raised the issue of minority rights and wondered why non-citizens were not considered as ethnic minorities as in the case of Estonian cultural and national minorities.

The status of foreigners in general was raised by members in relation to the protection of their basic rights, residence permits, and participation in the political life of their communities. The situation of political asylum seekers, who were detained in prisons, and of cases of maltreatment had also drawn the attention of many experts who reminded the Estonian delegation of its obligation to abide by international humanitarian laws. Another matter raised was why were foreigners discriminated against by not being allowed to acquire property?

The experts asked if Estonia intended to establish human rights institutions to assist the judiciary and other organs in dealing with the protection and promotion of human rights. Concerning the death penalty, further explanation was requested about the additional list of criminal offences, crimes against humanity and aggression against a police officer. Was Estonia contemplating ratification of the Second Optional Protocol to the Covenant in connection with the abolition of the death penalty? Many experts wanted to know if laws had already been enacted relating to states of emergency and whether those laws envisaged restriction of movement. Speedy trial was also mentioned, and speakers asked if such procedures were practised in the courts. As participating in strikes was considered a criminal offence, had Estonia ratified the International Labour Organisation Convention on the right to strike?

Additional information on the independence of the judiciary vis-à-vis the other pillars of the State was requested. The ways and means through which individuals appealed to higher instances was also mentioned. In addition, some experts also questioned the role of the Legal Chancellor, beyond monitoring the constitutionality of a law.

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