Application of the Republic of Estonia for membership of the Council of Europe

14 April 1993

Doc. 6810

1403-8/4/93-1-E

REPORT

on the application of the Republic of Estonia

for membership of the Council of Europe

(Rapporteur: Mr BRATINKA,

Hungary, Democratic Forum) _____

Summary

The process of democratisation in Estonia, made possible by the introduction of glasnost and perestroika by Mikhail Gorbatchev in the ex-Soviet Union and pursued relentlessly and methodically by reformist forces, enabled Estonia to prepare the major political reforms and legislation needed in the transition from a dictatorial one-party system to a pluralist parliamentary democracy already before the sudden re-establishment of independence on 20 August 1991.

Parliamentary and presidential elections were held on 20 September 1992, and the new government has already taken measures which aim at solving the considerable political, social and economic problems the country is faced with, among them the presence of a large Russian-speaking minority and of a still numerous contingent of Russian troops. Of course, much remains to be done, but even as things now stand, Estonia can be considered to be a democracy, where the basic human rights of everybody, citizens and non-citizens alike, are guaranteed.

By inviting Estonia to become a member of the Council of Europe, the Council will help consolidate the democratic institutions and rule of law in that country. At the same time Estonia will be given the opportunity to fully contribute to the process of European construction.

I. Draft opinion

1. The Assembly has received a request for an opinion on the accession of Estonia to the Council of Europe (Doc. 6506) from the Committee of Ministers in pursuance of Statutory Resolution (51) 30 A adopted by the Committee of Ministers on 3 May 1951.

2. It observes that democratic parliamentary elections were held in Estonia on 20 September 1992 and that they were monitored by an ad hoc committee of the Assembly. Presidential elections were held on the same date.

3. It furthermore observes that the first electoral period covers only three years in the course of which non-citizens, now residing in the country and wishing to apply for Estonian citizenship, will have the possibility of acquiring it. They, like all non-Estonians residing permanently in Estonia, already now enjoy political rights at the local level.

4. The Assembly notes the readiness of Estonia to guarantee the principles of the rule of law, human rights and fundamental freedoms, which are embodied in the new constitution approved by a referendum on 28 June 1992. It attaches great importance to the commitment expressed by the Estonian authorities to sign and ratify the European Convention on Human Rights and also to recognise the right of individual applications to the European Commission of Human Rights (Article 25 of the Convention) as well as the compulsory jurisdiction of the European Court of Human Rights (Article 46 of the Convention).

5. The Assembly appreciates the contribution made by Estonia to the work of the Council of Europe both at the parliamentary level since its parliament obtained special guest status on 18 September 1991 and at intergovernmental level since acceding to the European Cultural Convention on 7 May 1992.

6. The Assembly considers that Estonia is able and willing:

i. to fulfil the provisions of Article 3 of the Statute which stipulates that "every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms";

ii. to collaborate sincerely and effectively in the realisation of the aim of the Council of Europe as specified in Chapter I its Statute thereby fulfilling the conditions for accession to the Council of Europe as laid down in Article 4 of the Statute.

7. The Assembly therefore recommends that the Committee of Ministers, at its next meeting:

i. invite the Republic of Estonia to become a member of the Council of Europe;

ii. allocate three seats to Estonia in the Parliamentary Assembly.

II. Explanatory memorandum

by Mr BRATINKA1

Contents

Paragraphs

1. Historical background

1.1. Independence 1918-40 and Soviet occupation 1 - 3

1.2. Emergence of the freedom movement 4 - 11

1.3. Restoration of independence on 20 August 1991 12 - 13

2. Parliamentary democracy in Estonia

2.1. Elections on 18 March 1990 14 - 19

2.2. Political parties 20 - 22

2.3. The Constitution 23 - 29

2.4. Elections on 20 September 1992 30 - 31

3. Human rights issues

3.1. The question of minorities in Estonia 32 - 40

3.2. The judicial system and the independence

of courts 41 - 45

3.3. Death penalty 46

4. Other issues of relevance to Council of Europe

membership

4.1. Media 47 - 49

4.2. Trade unions 50 - 53

4.3. Estonia's international relations, including

Baltic co-operation 54 - 57

4.4. Economic issues 58 - 60

APPENDICES:

I. Programme of the visit by the rapporteurs (12-16 April 1992)

II. List of persons met during the visit

III. Information concerning the latest developments in the legislation of the Republic of Estonia submitted by Mr Kelam, head of the Estonian special guest delegation

1. Historical background

1.1. Independence 1918-40 and Soviet occupation

1. The Estonians, who according to solid archaeological evidence have inhabited the country for several thousand years and who had been living under Danish, German, Polish, Swedish and Russian tutelage, for the first time in their history became fully independent in 1918, in the wake of the crumbling of the Russian Empire. In the nineteenth century that Empire had given them the opportunity rather freely to develop national culture and national institutions. On 24 February 1918, the Republic of Estonia was declared. It was almost two years before a peace treaty with the Soviet Union could be signed in Tartu on 2 February 1920 and Estonia was recognised by the whole international community. Estonia joined the League of Nations and other international organisations.

2. The twenty-two years of independence were full of vigorous political, cultural and economic development. At the end of that period the material living standards in Estonia were approximately the same as in the Nordic countries. Parliamentary democracy, as in so many other countries in the 1930s, had come to a standstill when Konstantin Päts seized power in 1934 and established an authoritarian regime, under which parliament played a secondary role.

3. On the basis of the secret protocol of the Molotov-Ribbentrop Pact, signed on 23 August 1939 in Moscow, Estonia was forced to sign an agreement with the USSR on 28 September 1939 which resulted in 25 000 Red Army soldiers being brought to Estonia soon thereafter. The second world war was raging and world opinion paid little attention when Estonia was occupied on 17 June 1940 and a new "parliament" was elected under strict Soviet supervision. This "parliament" proclaimed the Estonian Soviet Socialist Republic on 21 July 1940 and sixteen days later Estonia was incorporated into the USSR. Large-scale deportations began in the summer of 1941. The situation did not improve with the chasing of Soviet troops from Estonian soil by the German army. Independence was not restored, the Baltic countries remained as Ostland mere occupied provinces under Hitler's Reich. The economy was subjugated to the interests of the Reich and nationalised property was not returned. Approximately 5 500 Estonians were executed in concentration camps during the German occupation which lasted until September 1944 when the Red Army reoccupied the country and Soviet Estonia was restored. New large-scale deportations followed and specific policies, aimed at restricting the role of Estonians in society as well as restricting Estonian culture, were implemented. Collectivisation of farmland began. Tens of thousands of this small nation of about one million were deported to Siberia. Some 70 000 people had left the country before the second Soviet invasion. Links with the outside world, including nearby Finland with which ethnic, cultural and economic links had always been particularly strong, were abruptly severed.

1.2. Emergence of the freedom movement

4. On 23 August 1987, the 48th anniversary of the Molotov-Ribbentrop Pact, dissidents in Tallinn organised their first political demonstration. In April 1988 the Popular Front, bringing together Estonians of different political tendencies and different national communities, was formed under the leadership of Mr Edgar Savisaar and others. On 16 November the Estonian Supreme Council, in its old composition, passed a sovereignty declaration acknowledging the supremacy of Estonian laws over laws enacted by the Soviet Union. It was an act of open challenge to Moscow and a clear indication that Estonians were seriously contemplating the possibility of secession from the Soviet Union. On 23 August 1989, again the anniversary of the Molotov-Ribbentrop Pact, a "human chain" was formed from Vilnius to Tallinn, demonstrating the overwhelming support for independence in the three Baltic republics.

5. One week before the now practically free elections to the Supreme Soviet in March 1990, a uniquely Estonian phenomenon took place. Ethnic Estonians, those living in the country and those living abroad, elected a "parliament" of their own on 11 March 1990. More than 600 000 people participated. All of them citizens of pre-war Estonia or their descendants. The Estonian "Congress" was created.

6. AAccording to foreign observers, elections to the Supreme Soviet on 18 March 1990 were free from any kind of pressure or interference from outside or from the Communist Party which was about to splinter into several factions. Independence was the leading issue in the elections, where 105 deputies were elected, four of them representing the Soviet army, massively present in Estonia. The right to vote was given to anyone who happened to be in the district at the time of election, which may have distorted the results.

7. It will be recalled that the Parliamentary Assembly of the Council of Europe, which throughout the years had expressed itself on the Baltic issue, in its Recommendation 1124 (1990), among other things states: "In this context, it notes the clear decisions of the democratically elected parliaments of the three Baltic republics to restore their independence".

8. In the Supreme Soviet which was soon to be renamed the Supreme Council, about a fourth of the members were of non-Estonian origin, whereas about 38% of the population of 1,5 million people living in Estonia were ethnically non-Estonian. This figure does not include army personnel, the number of which has been estimated to have been in 1990 roughly 45 000 officers and men plus several thousand family members. At the time of finalising this report the number of Russian army personnel was considerably lower; according to estimates somewhere around 10 000.

9. The new parliament swiftly proceeded to pro-independence action. On 30 March 1990, it declared Soviet power in Estonia to be illegal referring to the findings of the USSR Supreme Soviet Committee regarding the Molotov-Ribbentrop Pact. A transitional period for the restoration of the Republic of Estonia was declared, although no strict time-limits were fixed. On 8 May 1990, the national symbols including the official name of the country were restored and certain articles of the 1938 Constitution re-enacted. Laws on the Principles of the Provisional Rule of Government in Estonia, including the separation of the judicial system from that of the USSR, Property Law and Immigration Law, followed.

10. At the beginning of 1991, the fight for independence intensified. Soviet paratroopers were sent to Estonia on the pretext of tracking down draft-evaders. The tense situation, similar to that prevailing in the other two Baltic republics, was somewhat relieved with the appearance there of Russian President Boris Yeltsin immediately after the shootings in Vilnius and Riga. A Russian-Estonian treaty was signed on 12 January.

11. The willingness of the people of Estonia, including a large segment of the ethnically non-Estonian population, to separate from the USSR, was convincingly manifested by a referendum on 3 March 1991 where 77,83% of the (eligible) voters supported it. Only 21,43% voted against. On 17 March an all-Union referendum took place. In Estonia only 250 000 people voted, mostly in the Russian-populated cities of north-eastern Estonia and in the Soviet army bases. Ninety-five per cent of them were in favour of staying within a renewed Soviet Union.

1.3. Restoration of independence on 20 August 1991

12. On 20 August 1991, during the attempted coup d'état in Moscow, the Supreme Council of Estonia declared Estonia independent. Several countries reacted to this movement either by reconfirming their earlier recognition dating back to the 1920s, or by recognising Estonia anew. The Russian Federation joined them on 20 August and the ex-Soviet Union, still under the rule of President Mikhail Gorbatchev, on 6 September. Negotiations that had started in August 1990 but which had never really "taken off", and the subject of which was the re-establishment of the full sovereignty of Estonia, thus reached a happy conclusion. It goes without saying that enormous practical problems still remain, including the withdrawal of troops and the economic disentanglement. With the dissolution of the Soviet Union at the end of 1991, most of these problems have to be solved with the successor state, the Russian Federation, which has also declared a certain interest in protecting the well-being of the important Russian minority in Estonia.

13. On 13 September 1991 a Constitutional Assembly, composed of thirty representatives of the Supreme Council and 30 representatives of the Estonian Congress, began drawing up a new Constitution for the country.

2. Parliamentary democracy in Estonia

2.1. Elections on 18 March 1990

14. In the Supreme Soviet elections on 18 March 1990 a total of 474 candidates fought for the 105 seats available. Three main blocks emerged: the pro-independent block, the Russian minority block and the block of communists, mostly reformist in character. Besides parties and other official organisations, "citizen's initiatives" were also entitled to nominate candidates, provided that they could collect at least seventy-five signatures. There was a minimum residence requirement of ten years for candidates and they could run only in the district where they lived or worked. In most cases candidates ran as individuals and could be nominated and sometimes actually were nominated by several groups. In the "single transferable vote" system voters labelled their preferences in numerical order starting with one.

15. No irregularities were reported and no major groups boycotted the elections, where the turnout was 78%. In the new Supreme Soviet forty-three members represented the Popular Front, an umbrella organisation of four parties, the Peasant Party, the Democratic Labour Party, the Liberal Democratic Party and the Social Democratic Independence Party. Free Estonia, an election coalition of mostly ex-communists, won twenty-nine seats and the Russian-dominated Committee for the Defence of Soviet Power, twenty-seven seats. Commenting the elections, one of the leaders of the Popular Front considered that the fact that candidates had to stick to the district where they lived or worked favoured the Communist Party. So did the mass media, still under the control of the old regime. On the other hand, he conceded that the Communist Party, however, did not make effective use of these advantages.

16. Representatives of the Russian minority complained that the definition of constituencies was somewhat unfavourable for them and that they had poor access to Estonian-language newspapers. Their material had to be printed outside Estonia, because printers refused to do the work in Estonia.

17. Since its election, the Estonian parliament engaged in intensive legislative work, meeting three weeks every month and working according to rules that follow the pattern used in multi-party parliaments.

18. The Supreme Council showed its power vis-à-vis the Government of Estonia in late January 1992 when, after a long debate, it gave a vote of no-confidence to Mr Savisaar's government. A new government, led by Prime Minister Tiit Vähi, took office on 30 January 1992.

19. On 11 March 1992, by a decision of the Supreme Council, the four representatives of the Russian army were excluded from the Supreme Council.

2.2. Political parties

20. As in most other ex-communist countries in Europe, the proliferation of political parties has been a typical phenomenon also in Estonia. All kinds of tendencies from monarchists to communists can be discerned, although, as the Parliamentary Assembly Council of Europe delegation was told by Estonians, parties in the political centre, or "slightly right of centre", seem to dominate the picture.

21. An opinion poll in March 1992 listed seventeen political parties. About 38% of those asked did not know which party they were likely to support and none of the parties had a share exceeding 10%. It was interesting to note that only five parties were able to reach the 5% limit that had been foreseen as a threshold in parliamentary elections that were to take place on 20 September 1992.

22. Also typical for party-life in Estonia is the fact that active membership is very small. Most "major" parties have a membership of only a couple of thousand persons which is explained by the scepticism of the population towards parties and politics in general. Many of the parties now have their newspapers and most of them have developed links with sister parties in the Nordic area and further afield. For the elections on 20 September 1992, the parties set up electoral blocks, mainly for the purpose of clearing the 5% threshold. In conclusion it can be said that party formation is still going on in Estonia.

2.3. The Constitution

23. The Constitution, prepared by the Constitutional Assembly (composed of thirty members of the Supreme Council and thirty members of the Estonian Congress), was adopted by the Supreme Council on 21 April 1992. It is a rather extensive document, comprising about 170 articles. Several interlocutors of the Rapporteur (see the programme of the visit to Estonia, Appendix I) underlined that it is a compromise between different tendencies among the political forces in Estonia. It can be stated that the expert advice given by the Council of Europe, including during the visit of Mr Raimo Pekkanen, Judge on the European Court of Human Rights, and Mr Hans Danelius, member of the European Commission of Human Rights, has been taken into account so that the result can be looked upon as a modern European Constitution guaranteeing basic human rights to everyone within the jurisdiction of Estonia in the spirit of the European Convention on Human Rights and striking a fair balance between the executive and the legislative, perhaps slightly emphasising the latter, and safe-guarding the independence of the judiciary. It states explicitly (Article 3) that "universally recognised norms and principles of international law shall be an inseparable part of the Estonian legal system". Nobody shall be discriminated against before the law (Article 12) and nobody shall be subjected to torture or to cruel or degrading treatment or punishment (Article 18).

24. Furthermore the Constitution guarantees to everyone, without making distinction between citizens and permanent residents, the right to liberty and security of person (Article 20), respect of family life and privacy as well as the respect of property rights (Article 32). Also education is included in the list of general rights. The right to assemble and to form non-profit associations belongs to permanent residents as well, and ethnic minorities have the right to establish institutions of self-government in the interest of their national culture (Article 50). In localities, where at least half of the permanent residents belong to an ethnic minority, everyone shall have the right to receive answers from state and local government authorities in the language of the ethnic minority (Article 51).

25. Only Estonian citizens may set up political parties (Article 48), become acquainted with information about themselves held by state and local government authorities and have access to certain official positions in the state administration. Also some property rights may be reserved to full citizens only (Article 32).

26. The draft Constitution provides that "everyone is entitled to protection of his health and to state assistance in cases of old-age, inability to work, need and loss of provider" (Article 28). Employees and employers may freely join unions and associations and the right to strike shall be established by law.

27. In the process of handling the law in the Supreme Council a paragraph which enumerated a number of cases where non-citizens were not entitled to equal rights with Estonian citizens, was abolished or rather replaced by statements referring to laws to be enacted later. It may be worth noting, however, that such laws will be ordinary laws - at least in most cases - and they can be abrogated or amended by a simpler procedure than the Constitution itself. In addition, the Rapporteur was informed that a separate law defining the rights of non-citizens was being prepared by the government. It was supposed to be submitted to parliament at the beginning of 1993.

28. The Constitution was accepted by an overwhelming majority of more than 90% of the voters in a referendum, which took place on 28 June 1992. Estonia thus became a republic where parliament has supremacy over the President, who will be elected by the parliament (except for the first election, where the first although inconclusive round was carried out alongside with parliamentary elections).

29. Only citizens of Estonia were entitled to take part in the referendum on the draft Constitution. The application law provided that parliamentary elections had to be arranged within a certain time-limit after they had been decided by the Supreme Council (this decision had to be taken within ten days of the adoption of the Constitution) 27 September 1992 was set as deadline for carrying out parliamentary elections. As to the participation, the referendum on 28 June also decided, whether non-Estonians, having lodged an application for citizenship by 1 June 1992 should be allowed to take part in the parliamentary and presidential elections. Roughly 53% of the voters rejected this idea.

2.4. Elections on 20 September 1992

30. On 20 September 1992, elections to the "Riigikogu" were held in Estonia, together with the first round of presidential elections. An ad hoc committee of the Parliamentary Assembly, including the Rapporteur, was set up for observing these elections on the spot. A separate report (Doc. 6724 Addendum I) has been submitted to the Bureau of the Parliamentary Assembly. The conclusion of the observing team, quite concurrent with conclusions of other observers, was, that the elections had been carried out correctly and fairly. No significant irregularities were registered. All international observers, of course, noted that only citizens of Estonia were allowed to take part in these elections. This meant that roughly one-third of the population did not have the opportunity to participate in this important political event. One hundred and one members of parliament were elected from nine political parties according to a rather complicated electoral system2. None of the parties or electoral blocks gained overwhelming numbers of deputies which meant that the government, in order to secure a majority in the "Riigikogu", had to be a coalition government. Mr Mart Laar, Chairman of the largest party, "Isamaa" (Pro Patria), got the task of setting up a government.

31. As none of the four candidates for the presidency was able to command absolute majority in the first round on 20 September, the actual election took place on 5 October in the "Riigikogu", where Mr Lennart Meri, backed mainly by "Isamaa", got the majority of votes.

3. Human rights issues

3.1. The question of minorities in Estonia

32. One of the major issues of independent Estonia is the presence of a relatively large Russian minority (according to the 1989 figures, 30,3%) which, together with Ukrainians (3,1%), Belorussians (1,8%) and others makes up 38% of the country's population. It should be further noted that they used to be in slight majority in the capital city of Tallinn and that they still are in overwhelming majority, up to 95%, in certain industrial towns of north-eastern Estonia, crucial for some sectors of industrial production, for instance for the supply of electricity.

33. Mr Pekkanen and Mr Danelius state in their report on Estonia (paragraph 36) "... if substantial parts of the population of a country are denied the right to become citizens, and thereby are also denied for instance the right to vote in parliamentary elections, this could affect the character of the democratic system in that country the question could be raised whether in such a situation the elections to the legislature would sufficiently ensure the free expression of the opinion of the people, as required by Article 3 of the First Protocol to the [European Human Rights] Convention".

34. How does the situation now look in the light of the findings of the Rapporteur? What is the origin and the composition of the Russian minority? What are their rights? These questions were the subject of extensive discussions with Estonian parliamentarians, ministers and officials, of both Estonian and Russian origin, during the Rapporteur's visit to Estonia from 12 to 15 April 1992. The following conclusions can be made on the basis of these discussions:

- In 1940, before the occupation of the country by the Soviet Union, there was a minority (which can be called a historical minority) of little more than 8% of mainly Russians in Estonia. They and their descendants are entitled to Estonian citizenship without conditions; some 70 000 people are concerned;

- The 1938 citizenship law which was re-enacted in February 1992, gives the government the possibility of granting citizenship very rapidly to non-Estonians having applied for it and having particular merits, for example those who had given support for Estonian independence when its achievement was less than obvious; according to several sources, this category might cover a few thousand people; Mr Laar's government has speeded up the process of naturalisations pertaining to this category;

- Most of the Russians and other non-Estonians immigrated after the second world war when the country was under Soviet occupation, basically against provisions of international law concerning population movements under occupation. This happened in the context of major industrial projects and led to the concentration of the Russian-speaking population in Tallinn and other cities. The countryside remained predominantly Estonian. New immigrants often stayed for only a few years. It has been calculated that approximately 7 million people of non-Estonian origin have lived on Estonian soil in the post-war period;

- The estimated proportion of non-Estonians who wish to become citizens of the country varies between 45% and 65%, the latter figure having been given to the Rapporteur by Russian members of the Estonian Supreme Council. This represents about 350 000 persons, or little over 20% of the total population of the country. Meanwhile some 150 000 would prefer another, in most cases Russian, nationality which, however, does not automatically imply that they would immediately leave the country. Figures indicating the number of actual applications for either Estonian or Russian citizenship, are considerably lower. Only 7 571 persons had submitted applications by 31 December 1992. 5 417 of them had been granted the citizenship of Estonia by that date. Of the latter, 1 428 are ethnically non-Estonians. Most Russian speakers in Estonia seem to have adopted a "wait-and-see" attitude. According to Russians in Estonia, slow movement out of the country has already begun. And the Estonian Government seems to be favouring it by having set up a resettlement fund for those who leave. In addition, they would be free to take along with them their assets, for instance the value of their apartment;

- According to the Citizenship Law now in force in Estonia, a person having permanently lived in the country for two years since March 1990, has the right to apply for citizenship. There are certain categories of people who remain without that possibility, notably former KGB and foreign army personnel. Once the citizenship application has been handed in, a reply will be given after one year and after a language test, the exact nature of which still remains open. The figure of 1 500 words a person wishing to become an Estonian citizen must know in the Estonian language was never mentioned. Furthermore an oath of allegiance to the Estonian state is required.

35. Russians living in Estonia are particularly upset by the language test requirement, which may be understandable taking into account the fact that only a small percentage of them now are in sufficient command of the Estonian language which totally differs from the Slavic group of languages. They also complain that proper training in Estonian is not available, especially in areas almost entirely Russian-speaking. Particularly elderly people would have difficulties passing the language examinations. Mr Laar's government has announced in its negotiations with the Russian Government, that flexibility will be shown especially as regards invalids and elderly persons. Representatives of other minorities living in Estonia, whom the Rapporteur met, did not complain about their situation and prospects.

36. The Russian representatives appealed to the human rights implications of Council of Europe membership. The Rapporteur, however, replied that the Russians having come to the country or even having been born there after the second world war, cannot be regarded as constituting a historical minority. They should rather be compared to immigrant workers in other European countries although one must keep in mind the fact that they have moved into Estonia under Soviet occupation, without any possibility for the Estonian side to control the influx.

37. It should also be noted that according to the Constitution the right to vote and the right to run for office on local level are granted to resident non-citizens as well. Local elections are scheduled to take place in summer or in autumn 1993.

38. In the referendum that was held on 28 June 1992, 53% of the voters rejected the idea of giving the right to vote in parliamentary elections to all those who had applied for Estonian citizenship by the time of the referendum. It is, however, worth noting that only about 5 000 persons had handed in their applications by that date. Among them, more than half were ethnic Estonians whose predecessors had emigrated to Russia during the last century.

39. It should be mentioned in this context that Estonia invited CSCE experts to visit the country for studying the situation of the Russian speaking minority there. Such a visit was carried out in December 1992. The report of that group, although critical at some specific points, is quite positive in general, stating among other things that "The Constitution of Estonia as well as other laws examined by the mission meet the international standards for the enjoyment of human rights" (report of the CSCE ODIHR Mission on the Study of Estonian Legislation). The minorities issue has been debated also at the United Nations, together with the troops withdrawal issue.

40. The Rapporteur finds that, given the historical background and the legitimate right of the Estonians to dispose of their own land (and keeping in mind the fact that the first legislature of the parliament elected in 1992 will only be for three years instead of four) the exclusion of the major part of the non-Estonian minority from the referendum on the Constitution and from the first parliamentary and presidential elections, although in itself a flaw from the democratic point of view, is not a sufficient reason for denying Estonia membership of the Council of Europe.

3.2. The judicial system and the independence of courts

41. The Constitution of Estonia as well as the Law of 23 October 1991 on the status of judges and courts provides that the courts shall be independent in their activities and that judges shall be appointed for life. Judges may be recalled only by a court decision. The court system has three levels, the rural and city courts, the district courts and the National Court. The latter is also the court for constitutional supervision.

42. Finally, the highest court members used to be appointed for ten years; members were appointed two years ago. Parliament has now declared all the posts vacant and new judges will be appointed for life. A commission composed of two members of parliament, two lawyers and two members of the Union of Judges will select the candidates for nomination by the parliament. The Chairman of the National Court is appointed by the parliament on proposal by the President of the Republic who appoints all other judges on proposal by the National Court.

43. According to the then Minister of Justice, Mr Märt Rask and Mr Jaak Kirikal, the then Chairman of the Estonian Supreme Court, the independence of Estonia's court system was illustrated by the fact that in the past one-and-a-half years there were five claims against the government. Three proceedings had been concluded. In one case the government was found to be guilty. According to Mr Kirikal, Estonia is taking into account the provisions of Council of Europe conventions in its new legislation. The European Convention on Human Rights will be signed when Estonia becomes a member of the Council of Europe, although some reservations will have to be made at the beginning. They concern some aspects of the court system and procedure, particularly public discussion in the courts. Ratification of the Social Charter will have to wait for quite some time.

44. The then Minister of Justice complained that there were some difficulties in recruiting judges to the courts. Their number is now about 100, but it should be increased to 160. Foreign countries are helpful in organising training. Assistance has been received also from the Council of Europe's Legal Directorate.

45. Estonia, like the other ex-communist countries, finds itself in a transitory situation where old Soviet laws can no longer be applied but new laws do not yet exist. Both the criminal and the civil codes have to be completely renewed. Lack of specialists is hampering the process, the completion of which will take several years. Some provisions taken from the international law are now implemented while waiting for adequate domestic legislation.

3.3. Death penalty

46. As is well known, the 6th Additional Protocol to the European Convention on Human Rights prohibits the use of capital punishment. One particular detail which drew the attention of the Rapporteur, was that the draft Constitution of Estonia does not explicitly exclude the death penalty. Both the President of the Supreme Council, the then Minister of Justice and the President of the National Court assured that it was the intention of the government to gradually abolish that cruel punishment. Although many politicians and the judicial authorities seem to be in favour of abolishing capital punishment, at the moment public opinion is not ripe for this reform as was indicated for instance by the poll score of one political party whose score dropped by half after party leadership had proposed the abolition of the death penalty. The Rapporteur was also told that conditions in Estonian prisons, which still suffer from the consequences of a "division of labour" between penitential institutions in the ex-USSR, cannot handle certain types of life sentences and furthermore, that in 1991 only one execution actually took place and none in 1992, although some persons were condemned to death having perpetrated particularly atrocious murder.

4. Other issues of relevance to Council of Europe membership

4.1. Media

47. Estonia, especially northern parts of the country, including the capital, has been in a somewhat special position in that Finnish television programmes have been received there since the early 1960s. Together with a strong national and cultural identity this may have facilitated the transfer from Soviet-controlled media into freer and gradually completely free media soon after the introduction of "glasnost" in the Soviet Union. The Estonian Union of Journalists declared its full independence from Moscow in 1989. The problem now, according to Mr Märt Müür, Chairman of the Estonian Union of Journalists, is rather the responsibility of journalists than their freedom, which no longer knows restrictions. A Council of the Free Word has recently been founded to look after ethical questions. Anybody who feels unjustly hurt by the media can appeal to this body. A law regulating the functioning of media in Estonia has been under preparation since 1990, and submitted to parliament.

48. Privatisation of the media had not yet really begun by the time of the Rapporteur's visits and there was only one state-owned major printing house. New privately-owned newspapers have appeared since 1989, but the old ones, among them the biggest daily paper of the country "Rahvahääl" (140 000 daily copies) continues to be state-owned. State-owned papers may be rented out by share-holding companies. All publications are struggling with great economic difficulties illustrated by the fact that while one ton of paper cost 250 roubles in 1989, the price in April 1992 was 40 000 roubles. Some 130 newspapers are published in Estonia today, including several Russian-language papers.

49. Independent radio stations have sprung up. The main television is state-owned and under governmental influence. There are now several commercial television stations.

4.2. Trade unions

50. According to Mr Raivo Paavo, Chairman of the Association of Estonian Trade Unions, "it all changed in December 1989", when a draft law on trade union activities was submitted to the Supreme Soviet of Estonia. A new law was adopted in April 1990, granting full independence from the state. A confederation of trade unions was set up. It now comprises about thirty unions having a total of almost 650 000 members, although adherence seems to be decreasing. A "rival" confederation has emerged, but its membership remains very limited for the time being. Trade unions in Estonia follow the "one enterprise, one union" principle, although there may be two or even more unions in one enterprise.

51. Formally the trade union movement still has the right to initiate legislation, but this must be regarded as being a relic from the Soviet period and it is falling into disuse. Recently an agreement between trade unions, employers organisations and the government was signed. It is based on ILO practice, and gives labour market organisations a say in the drafting of legislation concerning professional life.

52. Trade unions have presently great economic difficulties. No strike funds exist. They cannot pay compensation to the unemployed, although some unions are on their way to creating unemployment funds. So far the government has fixed the salaries according to a scale of thirty-six categories for all those in state service. The government also fixes the minimum salary.

53. The Association of Estonian Trade Unions does not belong to any international organisation of trade unions. Observers have been sent to various meetings abroad. Much has to be done inside the country, where for instance, according to Mr Raivo Paavo, 70% of the working sites are not meeting labour protection standards.

4.3. Estonia's international relations, including Baltic co-operation

54. Although foreign policy of a country does not strictly-speaking belong to the category of questions having relevance to membership of the Council of Europe, it should, however, be mentioned here that Estonia has become a member of the United Nations Organisation in September 1991 and the Conference for Security and Co-operation in Europe also in September 1991. It has developed close co-operation with its Baltic neighbours, Latvia and Lithuania, with which it takes part in the Council of Baltic States and with which it also has inter-parliamentary co-operation. In a meeting with Mr Jaan Manitski, the then Foreign Minister of Estonia, it became clear that his country aims to get involved in as many structures of western Europe as possible. According to the President of the Supreme Council, the Foreign Minister and other politicians, Estonia attaches great importance to the Council of Europe.

55. Negotiations with Russia on troop withdrawal and other questions are going on. Mr Trivimi Velliste, Foreign Minister of Estonia, met his Russian counterpart Andrei Kozyrev in Moscow on 2 December 1992. A summit meeting between the Presidents of Estonia and Russia is planned for the beginning of 1993. Estonia does not want the troops issue to become a "blackmail issue" in the overall context of its relations with Russia and the Russians. Estonia together with Latvia and Lithuania proposed a declaration in the CSCE framework on the withdrawal of Russian troops. This proposal was accepted by the CSCE Helsinki Summit in July 1992. Also the United Nations has adopted statements on this issue. Absence of any reference to the human rights situation in the Baltic states at the CSCE Council meeting in Stockholm on 14 and 15 December 1992 is an indication of the absence of an outright conflict. The troops withdrawal issue was put under continuous scrutiny.

56. Relations with the Nordic countries and the Nordic Council are of importance for Estonia. Finland and Sweden are Estonia's biggest trade partners alongside with Russia, which seems to have great difficulties in living up to its agreements in the energy sector and elsewhere.

57. Estonia has adhered to more than thirty major international conventions, including the United Nations Covenants on Human Rights. It signed the Council of Europe's Cultural Convention in early May 1992 and it is carefully studying other Council of Europe conventions. It does not, however, automatically wish to become part of all the conventions that were signed by the ex-Soviet Union.

4.4. Economic issues

58. Despite the fact that economic and social issues also fall outside the scope of this report, it may be stated here that Estonia introduced its own currency, the "kroon" in June 1992. This measure detached the country from the rouble-zone where Estonia had very little or no influence at all on the monetary policy and a money supply which has caused great problems lately in an economy experiencing rapid inflation. Estonia was the first among the countries emerging from the ex-Soviet Union to introduce a currency of its own.

59. Privatisation of property is progressing at a rather prudent pace and restitution of property rights to the expropriated has only just begun. Foreign capital is welcome in Estonia, which, however, wants to preserve the control of most important national assets including land. Discussions are going on as to whether foreign companies and non-citizens should be allowed to own land in Estonia or whether they should operate on long-term lease contracts.

60. The educational level of Estonians is comparatively high. The country has considerable forest resources and a high proportion of energy needs can be covered from domestic sources. There are some important mineral deposits to be used for producing fertilisers for the relatively developed agriculture. Much patient work, however, will be required to convert the rather old-fashioned industrial capacity into modern, export-oriented production.

APPENDIX I

Programme of the rapporteurs' visit

12 to 16 April 1992

Sunday 12 April

Arrival in Tallinn of Mr Bindig, Mr Bratinka and Mr Särkijärvi

Accommodation at Rataskaevu Hotel

Monday 13 April

10.00 a.m. Meeting with Archbishop Kuno Pajula at

11.00 a.m. Meeting with the representatives of parliamentary groups of the Supreme Council

12.30 p.m. Meeting with the members of the Board of the Supreme Council

1.00 p.m. Luncheon hosted by the Board

2.30 p.m. Meeting with the members of the Defence Committee

3.30 p.m. Visit to the Russian Military Unit 52345 in Keila

5.30 p.m. Meeting with the Minister of Foreign Affairs, Mr Manitski

7.00 p.m. Dinner hosted by the Minister of Foreign Affairs

Tuesday 14 April

9.00 a.m. Meeting with the Chairman of the Confederation of Estonian Trade Unions, Mr Paavo, and with members of the Board

11.00 a.m. Meeting with the Estonian Committee at

12 noon Meeting with the Prime Minister of the Republic of Estonia, Mr Vähi

12.45 p.m. Meeting with the members of the Legal Committee

2.00 p.m. Luncheon hosted by the Ambassador of Germany, Mr von Wistinghausen, and by the Ambassador of Finland, Mr Kaurinkoski

5.00 p.m. Meeting with the Minister of Justice, Mr Rask, and with the Chief Justice, Mr Kirikal

6.00 p.m. Meeting with members of the Parliamentary Group "Co-operation and Equal Rights" at Rahukohtu 1a

7.00 p.m. Dinner hosted by the members of the Estonian League of Minorities (Carina Restaurant)

Wednesday 15 April

10.00 a.m. Meeting with the Chairman of the Republic of Estonia Supreme Council, Mr Rüütel

12 noon Meeting with the Chairman of the Journalists Union of Estonia, Mr Müür.

Press conference later

5.00 p.m. Departure of Mr Bindig and Mr Särkijärvi from Tallinn

Thursday 16 April

Departure of Mr Bratinka from Tallinn

APPENDIX II

List of persons met during the rapporteur's visit to Estonia

Mr Arnold Rüütel, President of the Supreme Council

Mr Ülo Nugis, Speaker

Mr Tiit Vähi, Prime Minister

Mr Viktor Andrejev, Deputy Speaker

Mrs Marju Lauristin, Deputy Speaker

Mr Jaan Manitski, Minister for Foreign Affairs

Mr Märt Rask, Minister of Justice

Mr Jaak Kirikal, Chief Justice

Mr Kuno Pajula, Archbishop of the Estonian Evangelic Lutheran Church

Mr Raivo Paavo, Chairman of the Association of Estonian Trade Unions

Mr Märt Müür, Chairman of the Estonian Union of Journalists

Mr Vardo Rumessen, member of the Board of the Council of Estonia, Congress of Estonia

Mr Jüri Adams, Vice-Chairman of the Estonian National Independence Party, Congress of Estonia

Several MPs, including:

Mr Ülle Aaskivi, Mr Lembit Annus, Mr Pavel Grigoryev, Mrs Lehte Hainsalu, Mrs Liia Hänni, Mr Peet Kask, Mr Tiit Käbin, Mr Mart Laar, Mr Vladimir Lebedev, Mr Vitali Menshikov, Mr Eldur Parder, Mr Jüri Pold, Mr Arvo Sirendi, Mr Andrus Ristkok, Mr Nikolai Zaharov, Mr Andres Tarand, Mr Juhan Telgmaa and Mr Rein Veideman

APPENDIX III

Information

concerning the latest developments in the legislation

of the Republic of Estonia

submitted by Mr Tunne Kelam,

head of the Estonian special guest delegation

A. Background

In Estonia, restoration of political independence and democracy has been achieved through peaceful means, in an orderly manner.

In spite of terrible harm and injustice caused by fifty years of Soviet occupation, the development of Estonia has built firmly on the principles of legality and international law. Such an approach has been supported by a consensus of all Estonian political forces. It is also a continuation of the policies of the absolute majority of democratic states which have regarded the annexation of the Baltic countries by the Soviet Union as a violation of international law and which continued to recognise the legal continuity of the said countries.

It must be noted that Estonia is a unique example among the remnants of the former Soviet Empire, where dramatic and potentially explosive transfer from Soviet totalitarian rule to a free democracy has been completed without any bloodshed, expressions of hatred or acts of vengeance.

B. Human rights guarantees

Estonian legislation provides equal rights and liberties for Estonian citizens as well as for citizens of other countries living permanently in Estonia. Equality of all persons before the law is guaranteed by Article 12 of the Constitution. No discrimination is allowed on the basis of nationality, sex, language, etc. Everyone has the right to preserve his or her ethnic identity. Ethnic minorities have the right to establish institutions of self-government. Among the examples of the implementation of this particular right the recently initiated Russian Assembly could be mentioned. Under Article 28 of the Constitution, everyone has the right to health care including assistance provided by the state. This applies equally to Estonian citizens and citizens of other states living in Estonia. The latter also have equal rights to engage in commercial activities, to rent land and to make investments.

C. Some recent legislative amendments concerning citizenship issues

1. On 10 February 1993, a Law on Estonian Language Requirements for Applicants for Citizenship was adopted legalising a more flexible approach towards persons who have to pass the language test. Elderly people (those born before 1 January 1930) and "category I" invalids as well as some "category II" invalids have been practically freed from Estonian language exam requirements.

2. On 18 February 1993, the Estonian Parliament adopted a Law on Amendments on the Application of the Law on Citizenship, under which no requirements for the citizenship will be implemented in regard to those permanent residents who registered themselves as applicants for Estonian citizenship prior to 24 February 1990. The category mentioned includes at least 36 000 persons. This is regarded as a gesture of good will by Estonian authorities toward those persons who were eager to become Estonian citizens at a time when there were serious doubts as for the re-establishment of independent statehood.

Furthermore, under the same law, Estonian Government has been authorised to grant citizenship without requirements provided by the Law on Citizenship for certain groups who have been oppressed by Soviet rule (like Ingrian-Finns).

3. On 23 March 1993, the Estonian parliament adopted an amendment to the 1938 Citizenship Law, under which children can acquire citizenship from either parent. Previously, only children born to fathers with Estonian citizenship were considered to be Estonian citizens at birth. This amendment was long overdue, resulting from the fact that for fifty years Estonia lacked a legal parliament authorised to introduce changes into the pre-war legislation.

4. A draft law on local elections has been recently submitted to the parliament with the objective to organise elections of the local authorities by autumn 1993. Following Article 156 of the Constitution, all persons residing permanently on the territory of a local government unit shall have the right to vote.

As for the abolishment of capital punishment, Estonia is progressing towards this end. No death sentence has been carried out since 1992 parliamentary elections and the forming of the present government. In March, the Estonian President commuted two death sentences to long-term imprisonments.

D. Conclusions

To conclude this presentation, it is opportune to restate that all those persons who wish to continue to live in Estonia are entitled to freely choose their citizenship in accordance with Article 15 of the United Nations Human Rights Declaration. On the other hand, one must bear in mind that citizenship cannot be forced upon anyone and that acquiring citizenship must be an expression of free will. It is also obvious that against the background of innumerable crimes, terror and colonisation, Estonia has suffered under Soviet occupation, Estonian citizenship cannot be granted to the representatives of KGB, GRU and high military officers of the former Soviet army. However, among the latest immigrants to major Estonian cities, more than 50% are retired Soviet army officers and their family members.

Estonia's new government is anxious to fully guarantee implementation of human rights to all residents of Estonia not regarding whether they are citizens or non-citizens. The latter have every possibility to apply for Estonian citizenship under the provisions of a very liberal citizenship law. But this must be the act of a free personal choice, made under normal conditions. The fact that the number of applicants has so far been surprisingly modest, seems to prove once more that under normal conditions people need time to decide about this gesture and that they need full information about their rights and chances.

Estonia's membership in the Council of Europe will certainly contribute to further normalisation and stabilisation of the situation in the country.

Reporting committee: Political Affairs Committee.

Committees for opinion: Committee on Legal Affairs and Human Rights and Committee on Relations with European Non-Member Countries.

Budgetary implications for the Assembly: none.

Reference to committee: Doc. 6506 and Reference No. 1752 of 25 September 1991.

Draft opinion unanimously adopted by the committee on 24 March 1993.

Members of the committee: MM. Reddemann (Chairman), Sir Dudley Smith (Vice-Chairman), Mrs Baarveld-Schlaman (Vice-Chairperson) (Alternate: Verbeek), MM. Agnelli, Alvarez Cascos (Alternate: Fabra), Andreotti, Antretter, Baumel, Björn Bjarnason, Bokov, Bratinka, Caro, Cimoszewicz (Alternate: Wielowieyski), Efraimoglou, Espersen, Lord Finsberg, MM. Fiorini, Flückiger, Galanos, Mrs Haller, Mrs Halonen, MM. Hardy, Hellström, Irmer (Alternate: Feldmann), Kelchtermans, König, Mrs Lentz-Cornette (Alternate: Mrs Err), MM. van der Linden, Machete (Alternate: Roseta), Martins, Maruflu, Masseret (Alternate: Oehler), Mimaroglu (Alternate: Güner), Moya (Alternate: de Puig), Oehry, Pangalos, Panov, Psaila Savona, Schieder (Alternate: Gusenbauer), Seeuws, Mrs Suchoka (Alternate: Moczulski), MM. Szent-Ivanyi, Tarschys, Thoresen, Trabacchini.

N.B. The names of those members who took part in the meeting are printed in italics.

Secretaries to the committee: MM. Sorinas and Kleijssen.

1 ¹In co-operation with Mr Bindig (Germany, Social Democrat), Rapporteur for opinion of the Committee on Legal Affairs and Human Rights, and Mr Särkijärvi (Finland, Conservative), Rapporteur for opinion of the Committee on Relations with European Non-Member Countries.

2 ¹Pro Patria 29 seats (22% of the votes), Safe Home 17 (13,6), People's Front 15 (12,2), Moderates 12 (9,7), Estonian National Independence Party 10 (8,7), Independent Royalists 8 (7,1), Estonian Citizen 8 (6,8), Estonian Entrepreneurs' Party 1 (2,3), Greens 1 (2,6).