Conclusions
and recommendations of the Committee on the Elimination of
Racial Discrimination, Estonia, A/57/18, paras. 344-366 (2002).
ESTONIA
344. The Committee considered the fifth periodic report of Estonia (CERD/C/373/Add.2)
at its 1542nd and 1543rd meetings (CERD/C/SR.1542 and 1543), held on 16 and 19
August 2002. At its 1549th meeting (CERD/C/SR.1549), held on 22 August 2002, the
Committee adopted the following concluding observations.
A. Introduction
B. Positive aspects
C. Concerns and recommendations
353. The Committee remains concerned about the very high number of stateless persons
residing in Estonia. Although it welcomes the fact that the naturalization procedure
has been made easier for children and disabled persons, the Committee notes the
existence of a significant discrepancy between the number of people passing the
language proficiency test and those effectively filing applications and acquiring
Estonian citizenship. The Committee recommends a thorough investigation into possible
barriers which may exist, both in terms of the naturalization procedure and in
relation to lack of motivation to apply for citizenship. The Committee also calls
for a speedy resolution of the issue concerning the difficulties in obtaining
citizenship for children born in Estonia of long-term residents whose legal status
has not yet been determined.
354. The Committee is also concerned that former Soviet Union military personnel
residing in Estonia are prevented from acquiring Estonian citizenship and is of
the opinion that their applications should be considered on a case-by-case basis.
355. The Committee remains concerned by the restrictive definition of national
minorities contained in the 1993 National Minorities Cultural Autonomy Act. The
Committee reiterates that such a narrow definition may limit the scope of the
State integration programme and have the effect of transforming a policy of integration
into a policy of assimilation.
356. The Committee is concerned about the scope of language requirements in the
Language Law in relation to employment, particularly in the private sector, and
is of the opinion that they could lead to discrimination against minorities in
violation of article 5 of the Convention. The Committee wishes to receive specific
information explaining the relationship between language skills, ethnic background
and employment, as well as information on the wage levels of different ethnic
groups.
357. The Committee remains concerned about the situation of the Russian minority
residing in Estonia, inter alia in relation to issues under article 5 of the Convention,
especially economic, social and cultural rights, including the rights to employment,
health care and education. The Committee is particularly concerned about double
discrimination against women based on gender and on national or ethnic origin.
358. The Committee is concerned that the limited access to remedies hinders the
bringing of complaints of discrimination in relation to, inter alia, the labour
market, housing and education. The Committee recommends that the equality council
mentioned in the draft equality act be established, in accordance with general
recommendation XVII, as a national human rights institution with the mandate to
advise and to monitor relevant legislation and practice and with competence to
deal with individual complaints against acts of discrimination in the public or
private sector.
359. Although it welcomes the elimination of the language requirements from the
Election Act and the Local Government Council Election Act, the Committee expresses
concern that, according to article 48 of the Estonian Constitution, only citizens
can be members of political parties. Furthermore, the Committee considers it important
that political bodies of towns with a majority of Russian-speaking inhabitants
are offered the possibility of conducting their work also in Russian, as stipulated
in the Law on Languages and in the Local Government Organization Act. The Committee
invites the State party to include in its next periodic report more detailed information
on this issue and on the progress achieved.
360. The State party is invited to provide in its next periodic report statistical
information on immigration, in relation to the number of family reunification
applications filed, the number of accepted and rejected applications and the main
reasons for rejection.
361. The Committee recommends that the Government of Estonia consider becoming
a party to the Convention on the Reduction of Statelessness (1961), the Convention
relating to the Status of Stateless Persons (1954) and the Convention against
Discrimination in Education (1960) of the United Nations Educational, Scientific
and Cultural Organization.
362. Noting the steps taken by the State party to make the declaration under article
14 of the Convention, the Committee looks forward to receiving information on
this issue in the next periodic report.
363. The Committee recommends that the State party ratify the amendments to article
8, paragraph 6, of the Convention, adopted on 15 January 1992 at the Fourteenth
Meeting of States Parties and endorsed by the General Assembly in its resolution
47/111.
364. The Committee recommends that the State party take into account the relevant
parts of the Durban Declaration and Programme of Action when implementing the
Convention in the domestic legal order, in particular in respect of articles 2
to 7 of the Convention, and that it include in its next periodic report information
on action plans or other measures they have taken to implement the Durban Declaration
and Programme of Action at the national level.
365. The Committee recommends that the State party's reports be made readily available
to the public from the time they are submitted and that the Committee's observations
on them be similarly publicized in Estonian and in languages of national minorities.
366. The Committee recommends that the State party's next report, due on 20 November
2004, be an updating report that addresses the points made and concerns addressed
in the present observations.