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TITLE: ESTONIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
ESTONIA
Estonia, a parliamentary democracy, regained its independence
in 1991 after more than 50 years of forced annexation by the
Soviet Union. The Constitution, adopted by referendum in 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. After more
than 2 years of negotiations, on August 31 the armed forces of
the Russian Federation withdrew from Estonia, although a number
of demobilized Russian officers remain in Estonia.
Official conversion of the Soviet militia into the Estonian
police preceded the reestablishment of the country's
independence by about 6 months. However, conversion of the
police into a Western-type force committed to procedures and
safeguards appropriate to a democratic society is proceeding
slowly. The police, ethnically mixed and subordinate to the
Ministry of Internal Affairs, continue to commit human rights
abuses. The security service, called security police, is also
subordinate to the same Ministry.
Estonia has a balanced economy, emphasizing light industrial
products and food production. It has substantially transformed
the centrally planned economy it inherited into an open market
system. Small- and medium-scale privatization is moving toward
completion, and large-scale privatization progressed
significantly in 1994. Gross domestic product grew by about 5
percent, and approximately two-thirds of Estonian exports
(textiles, food products, metals) are now directed to Western
markets. Unemployment remained low (unofficially about 8
percent), but significantly higher rates exist in the
predominantly ethnic Russian northeast and in rural areas.
The major human rights abuse continues to be police
mistreatment, including physical and psychological abuse, of
detainees and prisoners. The substantial noncitizen
population, primarily ethnic Russians, is about 28 percent of
the total population. Treatment of noncitizens continued to
be a major issue domestically and bilaterally with Russia. The
Government extended the deadline for submission of residence
permit applications for noncitizens established by the 1993 Law
on Aliens by 1 year because of implementation difficulties. In
addition, officials began issuing temporary travel documents to
eligible noncitizens to enable their departure from and return
to Estonia. Both the Conference on Security and Cooperation in
Europe (CSCE) mission to Estonia, established in 1993, and the
CSCE High Commissioner on National Minorities declared that
they could find no pattern of human rights abuses in Estonia.
However, both did regard the language requirement, as
administered, a hardship for noncitizens. Ethnic Russians
remained concerned about the application of Estonian-language
proficiency requirements in seeking employment and
naturalization.
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 reports of such killing in 1994.
Although the numbers declined, there continued to be reports
that prisoners killed other prisoners. The State Prosecutor's
office reported that prisoners in 1992 had killed 32 other
persons in custody; in 1993, 11; and, during the first 9 months
of 1994, 2. The State Prosecutor's office investigated all
such cases and prosecuted when there was sufficient evidence.
It obtained 5 convictions in the 1992 cases, with 2 cases still
in court and one finding of self-defense; it also obtained 2
convictions in the 1993 cases and 1 in the 1994 cases.
b. Disappearance
There were no reports of abductions or disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The law prohibits such practices, but police continued to
subject detainees and prisoners to harsh treatment, including
physical and psychological abuse and detention under
overcrowded and extremely unhealthful conditions. Credible
reports of the excessive use of force and police brutality
during the arrest and questioning of suspects also continued.
In one case, six police officers were convicted of beating
detainees, and given sentences ranging from 30 months to a
fine. Another case is still pending.
The conditions of severe overcrowding and idleness,
particularly at the Tallinn pretrial detention prison built in
1765, did not change. However, work began on remodeling two
buildings which should significantly reduce overcrowding at the
Tallinn prison. At the invitation of the Ministry of Justice,
experts from the Council of Europe (COE) studied Estonian
prison conditions and made numerous general and specific
recommendations, some of which were implemented.
d. Arbitrary Arrest, Detention, or Exile
The Constitution and laws forbid arbitrary arrest, detention,
and exile. There were no known instances of Estonian
authorities engaging in such activities. Under the
Constitution, a judicial warrant is required for an arrest.
Detainees must be informed promptly of the grounds for arrest
and given immediate access to legal counsel. If a person
cannot afford a lawyer, 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; a court order may prolong
detention up to a total of 12 months. Police rarely violate
these limits. Pretrial detainees account for about 20 percent
of the total prison population.
e. Denial of Fair Public Trial
The Constitution establishes an independent judicial branch
operating through a three-tier court system: rural and city
courts, district courts, and a supreme State Court. The
district courts and the State Court are also courts of
"constitutional supervision." At the rural and city level,
court decisions are made by majority vote with a judge and two
lay assessors sitting in judgment. Judges and lay assessors
must be Estonian citizens. The President nominates and the
State Assembly confirms the Chief Justice of the State Court.
The Chief Justice nominates State Court judges who are subject
to confirmation by the State Assembly. He also nominates the
rural, city, and district judges, whom the President then
appoints. All judges hold office until they reach the
mandatory retirement age of 65.
The Constitution provides that court proceedings shall be open
to the public. Courts may hold closed sessions, but only in
cases in which state or business secrets need to be protected
or in cases concerning minors. It further provides that
defendants may present witnesses and evidence as well as
confront and cross-examine prosecution witnesses. Defendants
have access to prosecution evidence and enjoy a presumption of
innocence.
Estonia continued to overhaul its criminal and civil procedural
codes. An interim Criminal Code which went into effect in 1992
basically revised the Soviet criminal code, eliminating, for
example, political and economic crimes. New codes were being
drafted at year's end.
There were no political prisoners being held.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Estonian law requires a search warrant for search and seizure
of property. Prosecutors, rather than judges, issue such
warrants during the investigative stage upon a showing of
probable cause. Once a case has gone to trial, however, judges
then issue search and seizure warrants.
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.
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, and the media are beginning to do more
investigative reporting. Foreign newspapers and magazines are
readily available. Although the Government still provides most
newsprint and printing and distribution facilities, the role of
private companies is growing rapidly. There are five major
national Estonian-language and three Russian-language dailies.
State broadcast media, including one nationwide television
channel, continue to receive large subsidies, but there are
several independent television and radio stations. The
Government has stopped retransmission of television channels
from Russia owing to nonpayment of fees, but several
Russian-language programs, mostly Estonian produced, are
broadcast over state and private television channels.
State-funded Russian-language radio broadcasts continued,
substantially subsidized by funds from the state budget; the
State has assured that these subsidies will continue.
There is complete academic freedom.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right to assemble freely but
prohibits noncitizens from joining political parties, although
they 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.
There were no reports of government interference with mass
gatherings or political rallies.
c. Freedom of Religion
Freedom of conscience and of religious proselytism is provided
for by law and honored in practice.
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 1993, Parliament enacted the Law on Aliens which
defines an alien as a person who is not a citizen of Estonia,
i.e., a citizen of another country or a stateless person. The
majority of noncitizens are ethnic Russians (see Section 5).
The Law on Aliens originally provided a 1-year period in which
noncitizens who came to reside in Estonia prior to July 1,
1990, and who had permanent registration in the former Estonian
Soviet Socialist Republic, could apply for temporary residence
permits valid for 3 years. They could also apply for permanent
residence at the same time. The Law on Aliens envisages that
those with temporary residence could activate their
applications for permanent residence toward the end of the
3-year temporary residence period. Following delays and
confusion in implementation as well as criticism by
international human rights observers, the Law on Aliens'
application deadline was extended by another year, until July
12, 1995. Despite the extension, some international observers
have criticized the Law on Aliens as being too rigid and as
having created too high a barrier for establishing residency.
No outright restrictions are placed on the right of noncitizens
to foreign travel, emigration, or repatriation. The Government
did begin issuing temporary travel documents to noncitizens in
June. At first these temporary travel documents, valid for
only one departure and reentry, were good for 6 months. The
Government later extended their validity to 2 years in order to
accommodate entry visa requirements of other countries. The
Government began issuing alien's passports in the fall.
Regulations permit issuance to the following categories of
resident aliens not in possession of any other valid travel
document: (1) a person who has been designated as stateless;
(2) a foreign citizen who lacks the opportunity to obtain a
travel document of his/her country of origin or of another
state; (3) a person who is seeking Estonian citizenship and has
passed the language examination if required; (4) an alien who
is permanently departing Estonia.
The Government does not accord refugee status or asylum. The
representative of the U.N. High Commissioner for Refugees
(UNHCR) in the Nordic and Baltic states urged Estonia to
develop and adopt legislation distinguishing between refugees,
applicants for asylum, and illegal immigrants, and distributed
Estonian-language copies of the UNHCR handbook on determining
refugee status. Estonia had not acted on the recommendations
by year's end. Amnesty International reported that the
Government detained 100 asylum seekers, mostly Iraqi Kurds.
The organization also repeated allegations that some of the
asylum seekers had been denied medical treatment following a
hunger strike. A hijacker who diverted a plane from Russia to
Estonia in November applied for asylum. Russia requested his
extradition. The Government had not decided how to proceed by
year's end.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the right to change their government. In 1992
they elected their first post-Soviet Parliament in accordance
with the Constitution adopted by referendum 3 months earlier.
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. When the Parliament passed a
vote of no confidence on September 26, the Prime Minister and
his government resigned, and a new Government was formed with a
new Prime Minister. The next regular parliamentary elections
are scheduled for March 1995. The Law on Local Elections
adopted in May 1993 permits resident noncitizens to vote but
not to run for office.
The citizenship law enacted in 1992 readopted the 1938
citizenship law. According to the law, anyone born after 1940
to an Estonian citizen parent is an Estonian citizen by birth.
The parent does not have to be an ethnic Estonian. The law
includes requirements for naturalization, such as 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 resided in Estonia since that
date was eligible to apply for Estonian citizenship as of March
30, 1992, and 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 September, some 40,000 people had applied for and
received citizenship. Some observers attributed the
application for naturalization of such a small proportion of
resident noncitizens to: (1) indecision over whether to apply
for Estonian citizenship or citizenship of another country
(principally Russia)--the latter choice was encouraged by both
Estonian and Russian nationalists; (2) bureaucratic delays; and
(3) the Estonian-language proficiency requirement. Those who
desire language instruction confront serious problems stemming
from an insufficient number of qualified teachers, lack of
funds, poor educational infrastructure, and an examination
process which some allege is arbitrary.
Article 16 of the Citizenship Law Implementation Act bars the
naturalization of: "(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 people or who have a criminal
record of repeated convictions for felonies; and (4) persons
lacking a legal steady income." The Law on Aliens, which went
into effect in July 1993, denies residency permits to similar
categories of people. However, it provides for judicial review
of those excluded for residency permits, while those excluded
from naturalization under the Citizenship Law have no right of
appeal. No expulsions of noncitizens, whether legally or
illegally resident, were reported.
There are no legal impediments to women's participation in
government or politics; 12 of the 101 members of Parliament are
women, and 3 of the 14 government ministers who took office in
the fall of 1992 were women, of whom only 1 remained in office
by year's end.
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 or interfere in the visits of
international and nongovernmental human rights groups. In
response to criticism about the treatment of ethnic minorities,
the President established a Human Rights Institute in 1992 to
monitor human rights in Estonia, investigate reports of human
rights violations, and provide information to the international
community. In addition, because of tensions surrounding the
adoption of the elections law and the Law on Aliens in 1993,
the President established a roundtable composed of
representatives of the Union of Estonian Nationalities,
political parties, and the ethnic Russian population's
Representative Assembly. In addition, with financial
assistance from the Danish Government, a nongovernmental legal
information center opened in Tallinn in October to provide free
legal assistance to citizens and noncitizens seeking advice on
human rights-related issues.
In the context of repeated Russian allegations of human rights
violations among the noncitizen population and the widespread
belief among international observers that the CSCE mission
could play a more active role, Estonia agreed to extensions in
the mission's mandate in Estonia. The CSCE mission acted to
address political and social tensions and did not find a
pattern of human rights violations or abuses in Estonia. The
Government repeatedly expressed concern about what it deemed
biased reporting by the mission. By the end of the year,
relations between the Government and the mission appeared to be
on track again.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution prohibits discrimination based on race, sex,
religion, skin color, extraction, political or other beliefs,
as well as economic or social status or for any other reason.
Ethnic Russians total nearly 30 percent, and non-Estonians as a
whole 37 percent, of the population of 1.5 million.
Women
Women possess the same legal rights as men and are legally
entitled to equal pay for equal work. Nevertheless, in
September the State Statistical Office published the results of
a study conducted in November 1993 which revealed that, on the
average, female midgrade specialists in Estonia earned only 60
percent as much as their male counterparts. There continue to
be female- and male-dominated professions. Most women carry
major household responsibilities in addition to comprising
slightly more than one-half of the work force. Although
women's groups have undertaken no organized effort to make this
an issue of public policy, in March several groups established
an Information Center for Women's and Family Associations in
order to collect and disseminate information about their
activities.
Public discussion of the role and situation of women in the
society increased noticeably during the year, but little or no
attention was paid to the subject of violence against women.
Women's groups have not been notably active or effective in
asserting women's rights. The common perception among Estonian
women's groups and law enforcement officials is that Estonia is
not plagued by family violence. The police note that they are
rarely called to the scene of domestic violence. Police
officials say that, in most cases when they are called, the
abused spouse declines to press charges. There are no laws
specifically against spousal abuse.
Children
Estonia has demonstrated a strong commitment to the rights and
welfare of children and in 1992 adopted a strong domestic child
protection law, patterned on the U.N. Convention on the Rights
of the Child. There is no observed pattern of societal child
abuse. However, the nongovernmental Estonian Union for Child
Welfare is conducting a research project on children and
violence in the home and school.
National/Racial/Ethnic Minorities
In 1993 the President established a roundtable to promote
constructive dialog among Estonia's ethnic groups and the
political parties representing them. There is a tradition of
protection for cultural autonomy, dating to a 1925 law.
Parliament passed a new cultural autonomy law for minority
groups in 1993.
During the years of Estonia's forced annexation by the Soviet
Union, large numbers of non-Estonians, predominantly ethnic
Russians, were encouraged to migrate to Estonia to work as
laborers and administrators. These workers and their
descendants now comprise approximately one-third of the total
population, whereas about 8 percent of the population of the
pre-1940 republic was ethnic Russian.
Non-Estonians, especially Russians, continued to allege job,
salary, and housing discrimination because of Estonian-
language requirements. They are fearful that new
discriminatory laws may be adopted. Estonian law makes no
distinction on the basis of lack of citizenship or other such
grounds regarding business or property ownership (other than
land). All residents of Estonia may participate equally in the
privatization of state-owned housing. Estonian-language
requirements for those employed in government offices and in
the service sector went into effect in 1993.
The language office liberally grants extensions to persons who
can explain their failure to meet their requisite competence
level in 4 years. Estonian-language training is available, but
some claim it is too costly. A separate law covering the
language requirement for citizenship was passed in 1993.
Russian representatives charge that the language requirement is
too difficult; however, at least one Western NGO representative
has noted that examiners pass applicants with even minimal
knowledge of Estonian. 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
The Constitution contains provisions to protect disabled
persons against discrimination. While there is no legal
discrimination against the disabled, 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 on a voluntary basis.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for 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. By
1994 EAKL's membership had dropped to about 200,000 organized
into 25 unions. The EAKL explains the drop in membership by
the breakup of large government-owned enterprises and
privatization. EAKL officials estimate that some 40 percent
of approximately 600,000-strong work force are organized.
The right to strike is legal, and unions are independent of the
Government and political parties. There were no strikes in
1994. 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.
According to EAKL leaders, 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 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 gives
employees the right to go to court to enforce their rights. In
1993 Parliament passed a collective bargaining law, a
collective dispute resolution law, and a shop steward law.
EAKL officials reported that a court reinstated a union
official who alleged dismissal because of union activity.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor. The
Labor Inspections Office effectively enforces this prohibition.
d. Minimum Age for Employment of Children
According to labor law, the statutory minimum age for
employment is 16 years. Minors aged 13 through 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 September the minimum wage was raised to $36 per
month--450 Estonian crowns. The minimum wage is not sufficient
to provide a worker and family a decent standard of living.
About 3 percent of the work force receive the minimum wage.
The average wage is about four times the minimum wage.
The standard workweek was reduced from 41 to 40 hours in 1993.
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
implement in practice. The National Labor Inspection Board is
charged with enforcement but has not been very effective. In
addition, the central labor unions have occupational health and
safety experts who, upon request from workers through their
local representatives, assist workers in bringing employers
into compliance with the legal standards. Workers have the
right to remove themselves from dangerous work situations
without jeopardy to continued employment.
(###)
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