Estonian considering citizenship moves ...


Date: Thu, 22 Jan 98 18:52:47 -0500
From: MINELRES moderator <[email protected]>
Message-Id: <[email protected]>
To: "[email protected]" <[email protected]>
Subject: Estonian considering citizenship moves ...

From:  MINELRES moderator       \ Internet:    ([email protected])

Original sender: Andrei Arjupin   \ Internet:     ([email protected])

Estonian considering citizenship moves ...


Relating to the FM Alert, No.1, 5 January 1998, about discussion on
amendments to the Law on Citizenship proposed by the Estonian government, it
would worth paying attention to the following circumstances.

According to the abovementioned amendments, children under 15 years born
within the Estonian territory after February 26, 1992 can obtain Estonian
citizenship (in spite of the fact that Estonian Republic has ratified the UN
Convention on the Rights of the Child, 1989, the Estonian Law on Citizenship
recognises as children only those who has not reached 15 years) 
Both parents have to be non-citizens and are obliged to reside in Estonia no
less than 5 years.

Referring to the expert's estimations, the number of such children is
amounted app. 6,500 persons. While up to 1997 there are 300 thousand of
stateless persons residing in Estonia. (According to the local Law on Aliens
(1993), 460 thousand of permanent residents, or 31 %, were recognised as
aliens.) Thus, the acceptance of the given amendment will only slow down the
growth of stateless persons` number in Estonian Republic, but will not
reduce it.

According to the acknowledgements of the general director of the Department
of Citizenship and Migration Mr. Andres Kollist, "Without the requirements
of the Council of Europe, expressed during the last visit to Estonia of the
OSCE High Commissioner Mr. Max van der Stoel, the government would have not
undertaken even these changes to the Law on Citizenship".

This declaration is confirmed with the fact that on January 6, 1998 the
Estonian government has rejected the amendments to the Law on Citizenship
presented by the Russian deputies of the Parliament of the Estonian Republic
. The provisions of their amendments were based on the requirements of the
European Convention on Nationality (1997), UN Convention on the Rights of
the Child (1989), ICCPR, recommendations of the High Commissioner of the
OSCE on National Minorities Mr. M. Van der Stoel, the Commissioner of the
CBSS on Democratic Institutions and Human Rights, including the Rights of
Persons belonging to Minorities Mr. Ole Espersen, Parliamentary Assembly of
the Council of Europe, non-governmental organisation "Helsinki Watch". 

The bill envisaged granting citizenship without any examinations to all
minors (under 18 years) born and reside in the territory of Estonia, first
and second group disabled persons, retired persons (older than 60 years),
and also aliens who have settled in Estonia prior to July 1, 1990 and
sojourning on the basis of permanent residence permit. 

Generally, the measures of the government would not affect seriously the
situation with statelessness in Estonian Republic. On the other hand,
activity of authorities definitely should be welcome. Yet, up to now there
is very impressive discussion on the issue in Estonian mass media. Some of
the authors believe that amendments proposed by the government are very
dangerous for Estonian State and violate Estonians' national interests. The
Parliament is going to make decision in spring this year.

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