|
|
5 May 1993
Doc. 6824
1403-4/5/93-3-E
OPINION
on the application of the Republic of Estonia
for membership of the Council of Europe1
(Rapporteur: Mr BINDIG,
Germany, SPD)
On 24 March 1993 the Political Affairs Committee adopted the draft opinion submitted by Mr Bratinka in which the Assembly recommended that at its next meeting the Committee of Ministers invite Estonia to join the Council of Europe.
Both Mr Särkijärvi, the Rapporteur for the Committee on Relations with European Non-Member Countries, and I, in my capacity as the Rapporteur for the Committee on Legal Affairs and Human Rights, helped prepare the report on which the opinion was based. Together with the other two Rapporteurs I visited Estonia from 12 to 16 April 1992.
The present opinion follows a further visit I made to Estonia with the Sub-Committee on Human Rights of the Committee on Legal Affairs and Human Rights from 29 to 31 March 1993. The programme of the visit is appended.
I wish to thank the Estonian delegation for enabling the sub-committee to have thorough discussions on human rights and minority rights. This opinion will mainly deal with these two questions.
Minority rights
A distinction has to be drawn between long-standing minorities and minorities resulting from immigration after 1940.
Long-standing minorities — the sub-committee met representatives of the Ukrainian, Jewish, Latvian and Romanian communities — themselves say they have no particular problems; they share the Estonian community's mainly economic problems. Anti-semitism is no more widespread in Estonia than in other countries. One of the sub-committee was able to meet representatives of the Tatar minority, who said they were satisfied with their situation in Estonia. These minorities have formed an association, the Union of National Communities, to protect their cultures and interests. On 8 May 1993 they are holding a forum on minorities, to which the Parliamentary Assembly is invited to send a representative.
The Russian minority cannot be regarded as of long standing. It began entering Estonia in the 1940s and at present accounts for 30% of the population. The highest concentration of Russians is in the north-east (98% of the population of Narva is Russian). More than half the population of Tallinn is Russian.
The Russian community does not have Estonian nationality. By law, Russians can obtain Estonian nationality on condition they have lived in Estonia for two years or more and can speak the language. An Act on knowledge of the Estonian language was passed on 10 February 1993.
Section 3 (3) of the Act answers the concern expressed in the Political Affairs Committee report by easing the language requirements for older people and the handicapped.
Classes, books, cassettes and broadcasts are available to help candidates prepare for the Estonian-language tests.
Nationality has to be applied for. It is estimated that 10% of the Russian population have applied. The others are torn between Russian and Estonian nationality.
In the local elections to be held this year, however, persons not having citizenship will be able not only to vote but also to stand as candidates. The present mayor of Narva is Russian.
Dialogue between the two communities is undoubtedly possible and the sub-committee urged both to adopt that course.
My view, which was shared by the members of the sub-committee present, is that the law on citizenship is extremely liberal.
Human rights
Estonia will be ratifying the European Convention on Human Rights and accepting its optional clauses, Article 25 (right of individual petition) and Article 46 (jurisdiction of the Court). It will also be accepting the first protocol.
Members of parliament and members of the government said there would be problems abolishing the death penalty at the moment, given the growth in crime. They said the public would not be sympathetic to such a move.
However, the President stated when he took office that there would be no executions during his term. He assured that Estonia will abolish death penalty as soon as possible.
The sub-committee looked at the prison system and visited Tallinn's Prison 5. It was allowed to visit the solitary-confinement cells. It was accompanied on its visit by a Ministry of Justice adviser. At present prisons come under the Ministry of Internal Affairs but in two months' time responsibility for them is to be transferred to the Ministry of Justice, an arrangement more consistent with proper justice administration.
The sub-committee was struck by how large the prison population is (numbers are put at over 5 000) for a country of 1 500 000 people. The main reasons for the situation are the length of sentences (three years for theft, for instance) and the unavailability of non-custodial measures. In the talks with Ministry for Internal Affairs and Ministry of Justice representatives and with judges it was suggested that the law be amended to make available shorter sentences and non-custodial alternatives such as community service or fines.
The sub-committee's comments on prison conditions, particularly in the solitary-confinement cells, met with immediate response, evidence of the Estonian authorities' manifest goodwill. The very next day the Director of Prisons issued an instruction that prisoners in solitary confinement were to be allowed one hour's daily exercise out of doors. He also issued an instruction to prison governors that solitary-confinement cells be equipped with sanitation and receive daylight. Response as prompt as this is uncommon enough to be noteworthy.
The media
Large numbers of newspapers have emerged since independence and there are no problems regarding freedom of expression. Apparently, however, availability of information is not total. Newspapers' main problems are small print-runs, resulting in financial insecurity, and journalists' lack of professionalism, which raises ethical issues. It should be possible to solve these problems, however, as the profession is ethically self-regulating. In Estonia, as in most countries to which freedom has recently been restored, what journalists and radio and television newsmen want is for regulations to be brought in as soon as possible.
Conclusion
In the light of the foregoing remarks, I am able to endorse the Political Affairs Committee's recommendations.
APPENDIX
PROGRAMME
of the visit in Tallinn
(28-31 March 1992)
Sunday 28 March 1993
Dinner with Ambassadors of Council of Europe member states
Monday 29 March 1993
9.00-9.15 a.m. The opening of the meeting in Sakala Centre.
Presentation by Mr Ulo Nugis, President of the Republic of Estonia State Assembly
9.15-10.30 a.m. Meeting with representatives of the State Assembly Committees on Legal Affairs and Constitutional Law
10.30-10.45 a.m. Coffee break
10.45-12.45 p.m. Visit to prison with representatives from the Ministry of Internal Affairs
1.00-2.30 p.m. Lunch in the Hotel Olympia
3.00-4.30 p.m. Meeting with the Minister of the Internal Affairs, Minister of Justice, Chairman of the State Court and Legal Counsellor
4.30-4.45 p.m. Coffee break
4.45-5.35 p.m. Meeting with the representatives of the Union of the Advocates
6.00-7.00 p.m. Audience with the President, Mr L. Meri at the Kadriorg Palace
7.10-7.50 p.m. Visit to City Hall
8.30 p.m. Dinner at the Restaurant Gnoom, hosted by the Estonian special guest delegation of the Council of Europe
Tuesday 30 March 1993
9.00-10.30 a.m. Meeting with representatives of the Institute of Human Rights in the Sakala Centre
10.30-10.45 a.m. Coffee break
10.45-11.45 a.m. Meeting with representatives of the Union of the National Cultural Societies
11.45-12.45 p.m. Meeting with representatives of the Russian community
1.00-2.30 p.m. Lunch in the Gloria Restaurant
3.00-4.00 p.m. Meeting with representatives of the Department on Citizenship and Language questions department
4.00-5.00 p.m. Meeting with the Prime Minister, Mr Laar, and other representatives of the government
5.15-7.00 p.m. Tour of the city
8.30 p.m. Dinner hosted by the President of the Riigikogu, Mr Nugis at the Restaurant Carina
Wednesday 31 March 1993
9.00-9.45 a.m. Meeting with representatives of the Media in the Sakala Centre
9.45-10.15 a.m. Meeting of the sub-committee
10.15 a.m. Press conference
Departure from airport
Reporting Committee: Political Affairs Committee (Doc. 6810).
Committee for opinion: Committee on Legal Affairs and Human Rights.
Reference to committee: Doc. 6506 and Reference No. 1752 of 25 September 1991.
Opinion approved by the committee on 27 April 1993.