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TITLE: ESTONIA HUMAN RIGHTS PRACTICES, 1993
DATE: JANAURY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
ESTONIA
Estonia is a parliamentary democracy that regained its
independence in 1991 after more than 50 years of Soviet
occupation. The Constitution, adopted by referendum on June
28, 1992, established a 101-member unicameral legislature
(State Assembly), a Prime Minister as Head of Government, and a
President as Head of State. Free and fair elections were held
in 1992 for the State Assembly and the President.
Estonia maintained that all Russian and Commonwealth of
Independent States military forces should have left the country
by the end of 1993. Estonia and the Russian Federation
negotiated on this issue during 1993 but had not reached
agreement on a timetable for the withdrawal of these troops by
year's end. While the official conversion of the Soviet
militia into the Estonian police preceded the reestablishment
of the country's independence by about 6 months, its conversion
into a Western-type police force committed in word and deed to
procedures and safeguards appropriate to a democratic society
is proceeding very slowly. Allegations of excessive use of
police force are primarily handled administratively and, when
brought to their attention, investigated by the Human Rights
Institute.
Estonia is substantially transforming the centrally planned
economy it inherited into a market-oriented system. Small and
medium-scale privatization is moving toward completion;
large-scale privatization began in 1993. The collapse of the
trading network that existed in the Soviet Union necessitated
finding new sources of fuel and new markets. Approximately
two-thirds of exports are now directed to Western markets.
There has also been rising unemployment--a matter of concern to
employees of state-owned enterprises and to the ethnic Russian
community--although overall the level has remained manageable.
The treatment of the substantial ethnic Russian community
continued to be a major issue both domestically and in
bilateral relations with Russia. Parliament's passage in June
of an Alien Registration Law, officially designating all
noncitizens--about 500,000 mostly Russian speakers--as aliens,
led to renewed criticism from the Russian Federation. It again
accused Estonia of "ethnic cleansing" and massive violations of
the human rights of the Russian-speaking population (about 38
percent of the total), primarily because they were not
automatically granted Estonian citizenship.
The Council of Europe (CE) and the High Commissioner on
National Minorities of the Conference on Security and
Cooperation in Europe (CSCE) commented on the law, suggesting a
number of changes. Parliament adopted almost all of these
proposed amendments, thereby substantially improving the
original version. While welcoming approval of the amendments,
the High Commissioner noted that many difficult problems
remained to be solved. A local government election law,
permitting noncitizens to vote but not to run for office (see
Section 3), proved controversial, as did questions about the
implementation of the law on language (see Sections 3 and 5).
In answer to the need for increased dialog with the
Russian-speaking community, the President organized a
roundtable composed of representatives of the Union of Estonian
Nationalities, political parties, and the Representative
Assembly elected by the Russian-speaking community. At the
beginning of 1993, a CSCE long-term mission began operations in
Estonia and has been carrying out successfully its mandate of
promoting stability, dialog, and understanding between the
communities in Estonia.
Another area of concern involved the physical and psychological
abuse of prisoners--a set of conditions remaining from the era
of Soviet rule that the Government has been slow to rectify.
In May Estonia was admitted to full membership in the Council
of Europe.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no known instances of such killing in 1993. There
were, however, reports of the death of persons in custody from
the use of force by other prisoners.
b. Disappearance
There were no known instances of abductions or disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Such practices are prohibited by law, but the harsh treatment
of prisoners, physical and psychological abuse, overcrowding,
and detention under extremely unhealthful conditions that were
the rule during the Soviet period continued. There have been
unsubstantiated reports of excessive use of force and police
brutality during the arrest and questioning of suspects. The
conditions of severe overcrowding and idleness, particularly at
the Tallinn pretrial detention prison built in 1765, did not
change. A Danish Helsinki Watch report issued in early 1993
strongly criticized prison conditions, as well as the severity
of sentences received by young offenders. In August
jurisdiction over the prison system was transferred to the
Ministry of Justice from the Ministry of Internal Affairs. At
the request of the Ministry of Justice, CE experts studied
Estonian prison conditions in September in order to make
recommendations on steps to bring them into accord with CE
standards.
At the end of November, the Estonian police were criticized by
several parliamentarians and the media for public endangerment
and excessive use of force during and after the arrest of the
leader of a voluntary paramilitary unit alleged to have
information about a businessman missing since September. An
official government commission was established to investigate
the incident.
d. Arbitrary Arrest, Detention, or Exile
The Constitution and laws forbid arbitrary arrest, detention,
or exile. There were no known instances of Estonian
authorities' engaging in such activities. Under the
Constitution, warrants issued by a court are required to make
arrests. Detainees must be informed promptly of the grounds
for the arrest and given immediate access to legal counsel. If
a person cannot afford counsel, the State will provide one. A
person may be held for 48 hours without formally being charged;
further detention requires a court order. A person may be held
in pretrial detention for 2 months; this may be extended up to
a total of 9 months by a court order. Police on rare occasions
violate these limits. Pretrial detainees account for about 20
percent of the total prison population.
e. Denial of Fair Public Trial
The Constitution establishes a three-tiered court system for
the independent judiciary: rural and city courts, district
courts, and the state court. The district and state courts are
also courts for "constitutional supervision." At the rural and
city level, court decisions are based on majority rule, with a
judge and two lay judges sitting in judgment. The judicial
reform law went into effect on January 1, 1993, but
implementation was delayed until September 15 because of the
difficulty in filling vacant judgeships.
The Constitution provides that court hearings shall be public
but may be closed by the court for specific reasons, such as
protection of state or business secrets or of the interests of
juveniles. It further provides that defendants may present
witnesses and evidence as well as confront and cross-examine
government witnesses. Defendants have access to government
evidence and enjoy a presumption of innocence.
Estonia continued to overhaul its criminal and civil procedural
codes. An interim criminal code that went into effect in June
1992 basically revised the Soviet criminal code, eliminating,
for example, political and economic crimes. New draft codes
were not completed before the end of 1993.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Estonian law requires a search warrant for search and seizure
of property. During the investigative stage, warrants are
issued by the procurator upon a showing of probable cause.
Once a case has gone to court, warrants are issued by the
court. The Constitution guarantees secrecy of the mail,
telegrams, telephones, and other means of communication.
Police must obtain a court order to intercept a person's
communications, and illegally obtained evidence is not
admissible in court.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Constitutional guarantees of freedom of speech and press are
generally respected, but the media are relatively restrained in
practice. While the press and broadcast media criticize the
Government, they rarely single out individual officials because
of harsh libel laws that put the burden of proof on the media.
There is no evidence of punishment or threat of punishment for
expressing antigovernment sentiment.
The most widely read papers are Rahva Haal, Postimees, and
Molodyozh Estonii. Foreign newspapers and magazines are
readily available but are very expensive for most people. The
Government still provides most newsprint and printing and
distribution facilities. There is no indication that it used
this control to influence the print media, although there may
be an inherent risk of a chilling effect. The Government is
trying to privatize the last remaining government-owned
papers. There are two major national Russian-language dailies,
Molodyozh Estonii and Estoniya, in addition to several local
Russian-language newspapers in northeast and southeast
Estonia. The two major dailies receive the same indirect
government support that major Estonian language dailies
receive: below-market rent on a government-owned press
building and cheap printing through a government-controlled
printing company.
State broadcast media continue to receive large subsidies, but
there are several independent television and radio stations
throughout the country. There is one nationwide state
television channel. The state television company has reduced
its funding of the retransmission of Russian-language channels
from Moscow from three to one. There is a state-funded Russian
language radio channel on AM, FM, and Russian bands, as well as
an independent Russian-language FM station in Tallinn which
reaches an estimated 100,000 listeners. No decision on the
ultimate fate of the state-funded Russian channel had been made
by year's end.
There is complete academic freedom in Estonia. Research is
conducted in Estonian, Russian, English, and German. Advanced
degree study is almost always in Estonian.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right to assemble freely.
Noncitizens are prohibited by the Constitution from joining
political parties but may form social groups. Permits for all
public gatherings must be obtained 3 weeks prior to the date of
the gathering. The authorities have wide discretion to
prohibit such gatherings on public safety grounds but seldom
exercise it. Numerous mass gatherings and political rallies
took place peacefully in 1993 without government interference.
c. Freedom of Religion
Freedom of conscience and of religious proselytism is provided
for by law and honored in practice. There were no known
instances of discrimination based on religious belief. There
is no state church.
In May Parliament passed the Law on Churches and Religious
Organizations which requires all religious organizations to
have at least 12 members and register with the Interior
Ministry and the Board of Religion. Leaders of religious
organizations must be Estonian citizens with at least 5 years'
residence in Estonia, but this requirement has not led to any
complaints.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The law permits free movement within the country, and it is
honored in practice. It also guarantees the right of foreign
travel, emigration, and repatriation for Estonian citizens.
In July Parliament adopted an Alien Registration Law that
defines the status of aliens. It provides for the registration
of aliens who came to reside in Estonia under Soviet rule and
the phasing out of Soviet external and internal passports over
a 2-year period. Retired career military officers can obtain
residence permits provided they were born prior to January 1,
1930, or their spouses or minor children are Estonian citizens
residing in Estonia who are in possession of a permanent
residence permit or whose sojourn in Estonia is deemed
necessary for the State. The Government maintains, however,
that applicants do not have to prove that they cannot obtain
Russian citizenship in order to receive aliens' passports. Six
retired officers of the Soviet Committee for State Security
(KGB) and the State Military Administration (GRU) reportedly
faced deportation at the end of 1993 when their residence
permits were not extended by a district administrator in
Viljandi. They were issued temporary 6-month residence permits
on the understanding that they would depart Estonia in the
spring of 1993. By the end of 1993, they were still in
Estonia, although their status continued to remain unclear.
No restrictions are placed on the right of resident aliens to
foreign travel, emigration, or repatriation, and they face no
difficulties in returning to Estonia after a trip abroad.
Noncitizens, however, may have difficulty in acquiring the
necessary documentation to travel abroad. The Russian
Government no longer supplies blank ordinary foreign passports
of the former Soviet Union to enable the Estonian Government to
issue non-Estonian citizens travel documents. Due to their
short supply, passports of this type are issued only to those
departing Estonia permanently. Ordinary Soviet foreign
passports are valid for non-Estonian citizens to return to
Estonia only if they bear a stamp from the Citizenship
Department, indicating that the holder is authorized to return
to the Republic of Estonia until July 12, 1995, or until the
expiration date of the residence permit. By July 1995, all
resident aliens must possess either passports issued by their
country of citizenship or aliens' passports issued by the
Estonian Government into which their residence and work permits
will be placed. The Government expects to issue aliens'
passports in the first half of 1994 to noncitizens resident in
Estonia who cannot obtain a passport from their country of
citizenship, as well as to stateless people.
Claiming lack of resources, the Government does not accord
refugee status or asylum, but there were no reports of any
persons seeking asylum in Estonia.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the right to change their government. In
September 1992, they elected their first post-Soviet Parliament
in accordance with the Constitution adopted by referendum in
June 1992. The 101-member Parliament (Riigikogu or State
Assembly), elected by secret ballot in multiparty elections,
confirmed the Prime Minister, who put together a coalition
Government based on a slim parliamentary majority. The next
regular parliamentary elections are scheduled for March 1995.
The Law on Local Elections, passed on May 19, permits
noncitizens to vote in local elections but not to run for
office. Noncitizen officeholders were not allowed to seek
reelection or run in local elections, although in a substantial
number of cases the Government made arrangements for
accelerated naturalization so that these noncitizen candidates
could become citizens before the local elections took place,
allowing them to run for office.
In the wake of the political controversy and tension over the
Alien Registration Law, the city councils of Narva and Sillamae
decided without government approval to conduct referendums on
July 17 on whether the cities should become autonomous units
within Estonia in which all inhabitants would enjoy equal
rights. About 60 percent of the local population voted, and
almost all voted for autonomy. The Government did not try to
stop the referendums from taking place. Estonia's legal
chancellor ruled the referendums unconstitutional and without
legal effect, and the State Court subsequently upheld these
rulings, which local officials in Narva and Sillamae announced
they would respect.
On October 17, new local government councils were elected in
cities and parishes by secret ballot in multiparty elections.
About 170,000 noncitizens registered to vote nationwide. There
are, however, no nationwide statistics on how many noncitizens
actually voted, but turnout was apparently higher than among
Estonian citizens.
The issue of citizenship continued to be a central political
issue in 1993. Political debate moved from who is to be
automatically considered a citizen to naturalization
requirements and, specifically, the requirement to know the
Estonian language. Parliament spelled out the content of the
language requirement and authorized the Government to relax it
for persons born before 1930 and those with certain
disabilities. The Parliament also waived the language
requirement for any applicants among the resident aliens who
had registered as citizenship applicants with the Estonian
Congress in February 1990. In March Parliament amended the law
to apply retroactively so that citizenship is transmitted at
birth through either citizen parent; the 1938 law only allowed
fathers to pass on citizenship to children.
The Citizenship Law, adopted in February 1992, implemented the
1939 Citizenship Law and also covered naturalization
requirements, including, among other things, a 2-year residency
requirement, to be followed by a 1-year waiting period, as well
as knowledge of the Estonian language. The implementation law
provided that the 2-year residency requirement could be met by
residency starting on March 30, 1990. Thus, any noncitizen who
had resided in Estonia since that date was eligible to apply
for Estonian citizenship as of March 30, 1992. The 1-year
waiting period would make them eligible for naturalization on
March 30, 1993. The law allows the Government to waive
requirements for applicants who are ethnic Estonians or who
have performed valuable service to Estonia. As of October 15,
only 19,316 aliens had applied for and received Estonian
citizenship. Some observers attribute the relatively low
number thus far to the fact that people need more time to
decide what citizenship they wish to pursue.
It is possible that the language requirement was one reason for
the low number of ethnic Russians applying for naturalization.
The pamphlet outlining the language requirements for
citizenship was initially published only in Estonian but has
since been made available in Russian. Furthermore, while some
enterprises organized free language courses for employees and
unemployment offices provided some instruction to those out of
work, many people had to finance their own instruction, and
some ethnic Russians cited cost as a precluding factor. After
an applicant has submitted his citizenship application, he must
pass the language examination within 9 months. The applicant
is allowed one attempt to pass the examination; retired people
generally are allowed two attempts. The applicant who fails
must reapply for citizenship, triggering the 1-year waiting
period again.
Article 16 of the Citizenship Law Implementation Act provides
that applications for naturalization shall not be accepted from
"(1) foreign military personnel on active service; (2) persons
who have been in the employment of the security and
intelligence organizations of the Union of Soviet Socialist
Republics; (3) persons who have been convicted of serious
criminal offenses against persons or who have a criminal record
of repeated convictions for felonies; and (4) persons lacking a
legal steady income."
The Alien Registration Law, which went into effect in July,
excludes the same categories for residency permits as does the
Law on Citizenship for citizenship. The Alien Registration
Law, however, provides for a review of those excluded for
residency permits, while those excluded from naturalization
under the Citizenship Law have no appeal rights.
In July 1992, after they realized that noncitizens would not be
permitted to participate in the parliamentary or presidential
elections, a dozen moderate Russian politicians formed an
organization to "protect the interests and rights of
noncitizens." On January 30, 1993, the Russian speakers'
Representative Assembly held a congress attended by over 300
delegates and elected a presidium. During debate over the
Alien Registration Law, the Government officially registered
the Assembly on July 6. The Assembly played an active role in
the President's roundtable (see Section 4), and a number of its
candidates were voted into local office in the October 17 local
elections.
There are no legal impediments to women's participation in
government and politics; 12 of 101 members of Parliament and 2
of 14 government ministers are women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government does not restrict the formation or functioning
of human rights organizations. In response to criticism about
the treatment of ethnic minorities, the President established a
Human Rights Institute that convened for the first time on
December 10, 1992. The purpose of the Institute is to monitor
human rights in Estonia and to provide information to the
international community. It investigates reports of human
rights violations, such as allegations of police abuse. In
addition, because of tensions surrounding the adoption of the
Elections Law and the Alien Registration Law in July, the
President established a roundtable composed of representatives
of the Union of Estonian Nationalities, political parties, and
the Russian-speaking population's Representative Assembly.
Because of the Russian Federation's continued allegations of
the "massive violation of the human rights" of the
Russian-speaking population, Estonia requested the CSCE to
establish a mission of long duration in Estonia. The mission,
which began operations in February, had not found a pattern of
human rights violations or abuses by year's end. It has been
actively engaged in helping to alleviate political and social
tensions. The mission is approved on a 6-month basis and has
already been extended once.
Numerous international and nongovernmental human rights groups
visited Estonia in 1993.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Discrimination on the basis of race, sex, nationality,
religion, skin color, extraction, political or other beliefs,
as well as economic or social status or for any other reason,
is prohibited by the Constitution.
Women
Women possess the same legal rights as men and are legally
entitled to equal pay for equal work. In practice, men and
women tend to get equal pay for equal work, although there are
female- and male-dominated professions. Most women carry major
household responsibilities in addition to their employment
burden. Women make up slightly over one-half of the work
force. There has been no organized effort by women's groups or
others to make this an issue of public policy.
There is little public discussion of violence against women.
Women's rights groups have not been notably active or effective
in asserting women's rights.
Children
Estonia has demonstrated a strong commitment to the rights and
welfare of children. Estonia became a party to the U.N.
Convention on the Rights of the Child in November 1991, shortly
after it was admitted to U.N. membership and adopted its own
domestic child protection law, patterned on the U.N.
Convention, in June 1992.
During 1993, the welfare of children received increased public
attention as economic dislocation tended increasingly to
disrupt family life. Social welfare workers at their own
initiative established several small safe havens for children.
Nongovernmental child welfare societies received and
distributed international humanitarian aid to children. In
addition, all children under the age of 14 receive monthly
government support payments of about $6 (90 Estonian crowns)
paid to the parents on behalf of children.
There is no pattern of societal child abuse.
National/Racial/Ethnic Minorities
In July the President established a roundtable to promote
constructive dialog among Estonia's ethnic groups and political
parties representing them. A cultural autonomy law for
minority groups was adopted by the Parliament on October 26 and
declared into law by the President on November 11.
Relationships between Estonians and the large ethnic Russian
community remain tense. During the years of Estonia's forcible
incorporation into the Soviet Union, large numbers of
non-Estonians, predominantly Russians, were brought to Estonia
both on a permanent and temporary basis to work as laborers and
administrators. These people and their descendants now make up
approximately one-third of the total population. About 8
percent of the population of the pre-1940 republic was Russian.
Non-Estonians, especially Russians, continued to allege job,
salary, and housing discrimination because of Estonian-language
requirements for certain jobs. They are fearful that laws
discriminating against them may be adopted. Estonian law makes
no distinction on citizenship or other such grounds as to who
may enter into business or own property (other than land). All
residents of Estonia may participate equally in the
privatization of state-owned housing.
Estonian-language training is accessible. Estonian-language
requirements of the 1989 language law for those employed in
government offices and in the service sector went into effect
on February 1, 1993. The language office is authorized to
grant extensions--and has done so liberally--to persons who can
explain their failure to meet their requisite competence level
in 4 years. A separate law covering the language requirement
for citizenship was passed in February. It established the
proficiency level required. Russian representatives charge
that the language requirement was too difficult. The
examination fee for either language test--for employment or
citizenship--is 15 percent of the monthly minimum wage,
although it is waived for the unemployed.
In districts where the language of more than one-half of the
population is a language other than Estonian, the inhabitants
are entitled to receive official information in that language,
and the local government may conduct business in that
language. (See also Sections 2.d. and 3 for a discussion of
laws on citizenship and aliens.)
People with Disabilities
There are constitutional protections against discrimination of
people with disabilities. While there is no legal
discrimination against disabled individuals, little has been
done on a societal or governmental level to enable disabled
people to participate normally in public life. There is no
public access law, and very little has been done voluntarily.
Section 6 Worker Rights
a. The Right of Association
The Constitution guarantees the right to form and join freely a
union or employee association. The Central Organization of
Estonian Trade Unions (EAKL) came into being as a wholly
voluntary and purely Estonian organization in 1990 to replace
the Estonian branch of the official Soviet labor confederation,
the All-Union Central Council of Trade Unions (AUCCTU).
Workers were given a choice as to whether or not they wanted to
join the EAKL. While in 1990 the AUCCTU claimed to represent
800,000 members in Estonia, in 1992 the EAKL claimed to
represent about 500,000 members, organized in 30 unions. In
1993 EAKL's membership dropped to some 330,000, organized in 27
unions. The EAKL explains the drop in membership by the
breakup of large government-owned enterprises and
privatization. A new Public Service Workers Union was
organized in late 1993; it has a membership of some 40,000,
most of whom are also EAKL members.
The right to strike is legal, and unions are independent of the
Government and political parties. There were no strikes in
1993. There are constitutional and statutory prohibitions
against retribution against strikers. Unions may join
federations freely and affiliate internationally.
b. The Right to Organize and Bargain Collectively
While Estonian workers now have the legally acquired right to
bargain collectively, collective bargaining is still in its
infancy. The Government remains by far the biggest employer,
with about 70 percent of the work force. According to EAKL
leaders, the distinction between management and labor is not
widely understood, and few collective bargaining agreements
have been concluded between the management and workers of a
specific enterprise. The EAKL has, however, concluded
framework agreements with producer associations which it hopes
will provide the basis for specific labor agreements. The EAKL
was also involved with developing Estonia's new Labor Code
covering employment contracts, vacation, and occupational
safety. The Labor Code prohibits antiunion discrimination, and
employees have the right to go to court to enforce their
rights. In 1993 a collective bargaining law, a collective
dispute resolution law, and a shop steward law were adopted.
No export processing zones have been established.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by the Constitution
and is not known to occur. It is effectively enforced by the
Labor Inspections Office.
d. Minimum Age for Employment of Children
According to labor law, the statutory minimum age for
employment is 16. Minors aged 13 to 15 may work with written
permission of a parent or guardian and the local labor
inspector, if working is not dangerous to the minor's health,
considered immoral, or interferes with studies, and provided
that the type of work is included on a list the Government has
prepared. State authorities effectively enforce minimum age
laws through inspections.
e. Acceptable Conditions of Work
The Government, after consultations with the EAKL and the
Central Producers Union, sets the minimum wage and reviews it
monthly. In late 1993, the minimum wage was $23 (300 Estonian
crowns) per month. The minimum wage is not sufficient to
provide a worker and family a decent standard of living. It
has not been increased since October 1992. About 3 percent of
the work force receive the minimum wage. The average wage is
about three times the minimum.
Under a law adopted by Parliament at the end of the year, the
standard workweek was reduced to 40 hours. There is a
mandatory 24-hour rest period in the workweek.
According to EAKL sources, legal occupational health and safety
standards are satisfactory, but they are extremely difficult to
achieve in practice. They are supposed to be enforced by the
Labor Inspections Office, the effectiveness of whuch may
improve with experience.
The overriding concern of workers during the period of
transition to a market economy is to hold on to their jobs and
receive adequate pay. Workers have the right to remove
themselves from dangerous work situations without jeopardy to
continued employment.
[end of document]
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