ACFC/INF/OP/II(2005)001
ADVISORY COMMITTEE ON THE FRAMEWORK
CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES
_______________________
Second Opinion on
adopted on
EXECUTIVE SUMMARY
There remain nevertheless shortcomings in the
implementation of the Framework Convention. The positive measures to speed up
and facilitate the naturalisation process need to be strengthened further,
bearing in mind that the number of persons without citizenship, while gradually
decreasing, remains disconcertingly high.
Legislation concerning language of instruction
in secondary schools has been made more flexible, but the implementation of the
pending reform has not yet been adequately prepared by the authorities. There
is a need to find additional ways to facilitate contacts between pupils from
different communities at all levels of education.
Despite some improvements in the related
administrative practices, the Language Act still contains elements that are
problematic from the point of view of the Framework Convention.
There is a need for additional targeted
programmes to combat social marginalisation of persons belonging to national
minorities.
TABLE OF CONTENTS:
Multicultural
education and education in minority languages
Support
for cultural initiatives
Participation
in decision-making processes
II. ARTICLE-BY-ARTICLE FINDINGS
ARTICLE
3 OF THE FRAMEWORK CONVENTION
Definition
of the term national minority
ARTICLE
4 OF THE FRAMEWORK CONVENTION
Legislative
developments in the field of discrimination
Social
marginalisation and its effects
ARTICLE
5 OF THE FRAMEWORK CONVENTION
National
Minority Cultural Autonomy Act
ARTICLE
6 OF THE FRAMEWORK CONVENTION
Intercultural
dialogue and stereotypes, including in the media
Ethnically
motivated incidents
ARTICLE
8 OF THE FRAMEWORK CONVENTION
ARTICLE
9 OF THE FRAMEWORK CONVENTION
Legal
guarantees and the amount of broadcasting for minorities
ARTICLE
10 OF THE FRAMEWORK CONVENTION
The
scope of the protection of state language
Use
of minority languages in relations with authorities
ARTICLE
11 OF THE FRAMEWORK CONVENTION
Private
minority language signs
ARTICLE
12 OF THE FRAMEWORK CONVENTION
ARTICLE
13 OF THE FRAMEWORK CONVENTION
“Sunday
schools” for national minorities
ARTICLE
14 OF THE FRAMEWORK CONVENTION
Minority
languages in secondary education
Minority
languages in basic schools
ARTICLE
15 OF THE FRAMEWORK CONVENTION
Language
proficiency requirements in elections.
Consultative
bodies representing national minorities
Effective
participation in economic life
Language
proficiency requirements in employment
ARTICLES
17 AND 18 OF THE FRAMEWORK CONVENTION..
ADVISORY COMMITTEE ON
THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES
SECOND OPINION ON
1.
The
Advisory Committee adopted the present Opinion on 24 February 2005 in
accordance with Article 26 (1) of the Framework Convention and Rule 23 of
Resolution (97) 10 of the Committee of Ministers. The findings are based on
information contained in the second State Report (hereinafter the State Report),
received on 16 July 2004, and other written sources and on information obtained
by the Advisory Committee from governmental and non-governmental contacts
during its visit to Tallinn, Jõhvi,
Kohtla-Järve, Kolkja and Tartu from 30 November to 2 December 2004.
2.
Section
I below contains the Advisory Committee’s main findings on key issues
pertaining to the implementation of the Framework Convention in
3.
Both
sections make extensive reference to the follow-up given to the findings of the
first cycle of monitoring of the Framework Convention, contained in the
Advisory Committee’s first Opinion on
4.
The
concluding remarks, contained in Section III, could serve as the basis for the
Committee of Ministers’ forthcoming conclusions and recommendations on
5.
The
Advisory Committee looks forward to continuing its dialogue with the
authorities of
6.
7.
In
contrast to the first State Report of Estonia, which was drafted with only very
limited consultation with representatives of national minorities, the second
State Report was prepared with an inclusive approach. In this context, the
authorities consulted a wide range of representatives of national minorities
and NGOs and included some of their concerns in the State Report. This clearly
had a positive impact on the quality of the State Report. Furthermore, the fact
that the second State Report was produced also in the state language – and not
only in English as was the case for the first State Report – helped to make the
process more accessible.
8.
Since
the adoption of the first Opinion of the Advisory Committee, Estonia has
introduced some legislative changes in key sectors pertaining to national
minorities, but the general legislative framework designed specifically for
national minorities remains largely unchanged. For example, the National Minority
Cultural Autonomy Act has not been subject to any changes, despite the fact
that the law, while having finally led to the establishment of one national
cultural autonomy, is generally considered to be ineffective and impractical,
as was pointed out in the first Opinion of the Advisory Committee.
9.
Pending
proposals to draw up a new law on national minorities merit careful
consideration by the authorities, who could in this connection also confirm and
consolidate in law their increasingly practical and inclusive approach towards
the personal scope of the protection designed for national minorities. These
new initiatives could also facilitate Estonia’s efforts to pursue its minority
policies and programmes on a continuous and long-term basis.
10.
Following
recommendations made in the first cycle of monitoring,
Multicultural
education and education in minority languages
11.
The
envisaged start of the transfer to Estonian as the main language of instruction
in upper secondary schools in the school year 2007/2008 is a major challenge
affecting the implementation of Articles 12 and 14 of the Framework Convention.
It needs to be pursued in a manner that guarantees the maintenance and
development of minority language education in secondary schools. The envisaged transfer
has not yet been adequately prepared throughout
12.
As
regards basic schools,
13.
Initiatives
in the field of education should be
designed so that they facilitate contacts between pupils from different
communities at all levels of education.
14.
15. Persons
belonging to national minorities continue to be significantly more affected by
unemployment than the majority population, and their number in certain sectors
of employment, including in higher levels of administration, is remarkably low.
While there are many factors affecting this situation, it is essential that the
authorities ensure that there is no direct or indirect discrimination in the labour
market, and in this respect the implementation and monitoring of the new legal
guarantees against discrimination in the Employment Contracts Act is of
particular importance. The adoption of the pending comprehensive equality
legislation would be a further contribution to these efforts.
16. In
addition to unemployment, persons belonging to national minorities are
disproportionately affected by a number of other problems linked to social
marginalisation, such as homelessness and drug abuse, which need to be
addressed through special programmes. Of particular concern is the alarmingly
high rate of HIV/AIDS amongst persons belonging to national minorities. It is
to be welcomed that the authorities have increased their efforts in terms of prevention
and treatment of HIV/AIDS, and there seems to be a wide agreement on the
urgency of the matter. It is essential that the related services and
documentation are consistently available also in the Russian language.
17.
18.
19. Persons belonging to national minorities
have been given some support from the state in terms of their access to the
media, but, considering the proportion of persons belonging to minorities in
the overall population, this support appears limited The promotion of domestic
print and electronic media for national minorities, including bilingual
initiatives therein, should be seen as a central element of integration efforts
in Estonia, where many persons belonging to national minorities continue to follow
to a large extent the media based in the Russian Federation.
Support for
cultural initiatives
20.
21. As
the European Union is becoming an increasingly important source of funding for
cultural and other civil society initiatives, it is essential that the related
procedures are fully accessible to persons belonging to national minorities in
Ida-Virumaa and elsewhere in
Participation in
decision-making processes
22. The
structure of the Presidential Round-Table was changed in 2003, with the
introduction of a chamber of representatives of national minorities. This move
contributed to the representativeness of the round-table, which was an issue of
concern raised in the first cycle of monitoring under Article 15 of the
Framework Convention. There is, however, still a need to consolidate the way in
which the Round-Table and other relevant consultative bodies are involved in
decision-making processes pertaining, directly or indirectly, to national
minorities. This could be addressed in the context of the drawing up of the
proposed law on national minorities.
23. The
recruitment of persons belonging to national minorities in public service is
also an essential factor in ensuring their full inclusion in decision-making
processes, and there is a need to step up efforts in this sphere.
II. ARTICLE-BY-ARTICLE
FINDINGS
ARTICLE 3 OF THE
FRAMEWORK CONVENTION
Definition of the
term national minority
Findings of the first cycle
24. In its first Opinion, the Advisory
Committee noted that
Present situation
a) Positive
developments
25. The Estonian authorities recognise that
the above-mentioned declaration, rather than guiding policies and practices, has
mostly a “political-historical” meaning in today’s
b)
Outstanding issues
26. While the declaration at present has only
limited impact in practice, it nevertheless continues to carry symbolic
significance for persons belonging to minorities. Furthermore, there are areas
where the declaration contributes to the prevailing legal uncertainty,
including in terms of the right to use a minority language in contacts with
administrative authorities (see also related comments under Article 10 below).
It is also worth mentioning that the implementation of the National Minority Cultural
Autonomy Act, referred to by the authorities as the source of inspiration for the
restrictive declaration, has been problematic partly due to its limited scope
of application (see also below under Article 5).
Recommendations
27. The authorities should continue to pursue
an increasingly inclusive approach in legislation, policies and practices
concerning persons belonging to national minorities. The proposed changes to
the National Minority Cultural Autonomy Act and/or the proposed new law on
national minorities would provide a suitable context for consolidating such an
inclusive practice in legislation. This would send a strong message of
inclusion to the persons without citizenship and other persons belonging to
minorities who are currently formally outside the scope of the declaration
issued by Estonia under the Framework Convention.
Findings of the first cycle
28. In its first Opinion on
Present situation
a) Positive
developments
29. Estonia has reformed its legal framework pertaining
to data protection, notably by adopting a new Law on Personal Data Protection,
which entered into force in October 2003, as well as through a new Code on
Criminal Procedure, which entered into force in July 2004 and which abolished
the obligation to indicate the ethnicity of the accused in the records of
interrogation and to request such information at criminal trials.
b)
Outstanding issues
30. The legitimate goal of ensuring personal
data protection is at times pursued in a manner that excludes altogether the
collection of ethnicity-based data. In many key fields, such as law-enforcement
and participation in elected bodies and economic life, more comprehensive data
on persons belonging to national minorities, broken down by gender and
geography and other relevant factors, is needed to analyse the implementation
of various articles of the Framework Convention.
Recommendations
31. The authorities should identify further ways
to obtain increasingly reliable and up-to-date disaggregated data on national
minorities, while continuing to pay careful attention to the principles
contained in Article 3 of the Framework Convention.
ARTICLE 4 OF THE
FRAMEWORK CONVENTION
Legislative
developments in the field of discrimination
Findings of the first cycle
32. In its first Opinion on
Present situation
a) Positive
developments
33.
34. According to
amendments to the Legal Chancellor Act, which entered into force in January
2004, everyone has the right of recourse to the Chancellor of Justice to
conduct a conciliation procedure if he or she finds that a natural person or a
legal person in private law has discriminated against him or her, inter alia, on the basis of language or
ethnic origin. While the effectiveness of the new procedure is partly linked to
the pending adoption of the new legislation on Equality and Equal Treatment, this procedure
could provide an important recourse for persons belonging to national
minorities and complement the Legal Chancellor’s important on-going work in
this domain.
35. The adoption of the State Legal Aid Act,
which enters into force on
b)
Outstanding issues
36. The adoption of the law on Equality and
Equal Treatment has been delayed. As a result, the existing legal guarantees
against discrimination still contain shortcomings and the full potential of the
above-mentioned new conciliatory procedure is not being put to use.
37. The drafts of the above-mentioned equality
legislation do not explicitly include citizenship as a prohibited ground of
discrimination. The same is true as regards the right of recourse to the
Legal Chancellor to conduct a conciliation procedure on the cases of alleged
discrimination. The Advisory Committee recalls that in the Estonian context, where many residents are
without the Estonian citizenship, legal safeguards against discrimination
on the basis of citizenship – which do not exclude differential treatment with
objective and reasonable justifications – would be of direct relevance to a large segment of society.
38. It is also to be noted that the
above-mentioned Article 10 of the Employment Contracts Act stipulates in its
paragraph 2 that it is not contrary to the said article to “require
language skills necessary for the work and pay compensation for proficiency in
languages”. It is important
that this provision, which in itself pursues a legitimate aim, is not
interpreted too broadly and/or in a manner that leads to undue obstacles for
persons belonging to national minorities in their access to employment.
Recommendations
39. The authorities and the legislature should
expedite the passage of new non discrimination legislation, ensuring also that adequate
legal safeguards and procedures are in place in respect of discrimination on
the basis of citizenship.
40. The
authorities should carefully monitor the implementation of Article 10,
paragraph 2 of the Employment
Contracts Act so as to ensure that it does not
lead to undue obstacles for persons belonging to national minorities in their
access to employment.
Findings of the first cycle
41. In its first Opinion, the Advisory
Committee urged the authorities to ensure that the immigration quota is
implemented without undue restriction on family reunifications.
Present situation
a) Positive
developments
42. The Advisory Committee welcomes the amendments
introduced to the Aliens Act in June 2002, which addressed the concerns
expressed by the Advisory Committee regarding family reunification by exempting
from the immigration quota inter alia
the spouses of Estonian citizens or of aliens who reside in
b)
Outstanding issues
43. The
legal and political debates have continued over the issue of residence permits
of former military officers and their spouses and minor children, including in
the light of the amendments to the Aliens Act, which entered into force in
January 2004, excluding explicitly the issuance of permanent residence permits
to them.
Recommendations
44. The authorities should continue their
efforts to ensure that in the decision-making pertaining to temporary and
permanent residency permits due attention is paid to the rights of the persons
concerned, including their right to respect for private life and home.
Findings of the first cycle
45. In its first Opinion, the Advisory
Committee regretted the relatively slow rate of naturalisation and called for additional
measures to make naturalisation more accessible. In this connection, it also
encouraged the authorities to pay increasing attention to availability and
affordability of language training. Similarly, the Committee of Ministers
underlined in its Resolution the need to promote the process of naturalisation.
Present situation
a) Positive
developments
46.
47. These and other efforts to encourage
naturalisation, coupled with the accession of
b) Outstanding issues
48. In spite of the recent increase, the
number of persons without citizenship residing in
49. As regards affordability of language training, an amendment to
the Citizenship Act, which entered into force in January 2004, introduced the
possibility for full compensation for language training expenses. While this is
in itself a positive development, the law envisages compensation only for those
who subsequently pass their examinations on language and on the knowledge of
the Constitution under the Citizenship Act. Proposals to expand the
compensation scheme further were rejected in Parliament in October 2004. Aside
from individual projects, often funded from foreign sources, there appears not to
be enough systematic free-of-charge language training available for adults
belonging to national minorities, despite the fact that improved Estonian
language proficiency amongst national minorities is a central factor not only
in terms of their access to citizenship but also for their employment
opportunities and for the Government’s integration efforts in general.
Recommendations
50.
51.
Social
marginalisation and its effects
Current situation
52. Persons
belonging to national minorities are affected by a number of problems linked to
social marginalisation. In addition to being disproportionately affected by unemployment
(see also comments on this issue under Article 15 below), persons belonging to socially
vulnerable groups amongst national minorities face such problems as
homelessness and drug abuse.
53. Of particular concern
is the alarmingly high rate of HIV/AIDS amongst persons belonging to national
minorities. It is to be welcomed that the authorities have increased their
efforts in terms of prevention and treatment of HIV/AIDS, and there seems to be
a consensus on the urgency of the matter.
54. The
proportion of persons belonging to national minorities in prisons is
disconcertingly high in Estonia, although the Government does not have reliable
data on this issue.
Recommendations
55. It
is essential that the authorities design and implement special programmes to
tackle social marginalisation and its effects that are felt particularly
amongst national minorities. The Government should maintain the prevention and
treatment of HIV/AIDS as a high priority and ensure that related services and
documentation are fully accessible to persons belonging to national minorities,
including in the Russian language.
56. There
is a need to obtain more data and to analyse further reasons for the high
incarceration rate of persons belonging to national minorities and to examine
in this connection how Article 4 and other principles of the Framework
Convention are reflected in various stages of law-enforcement (see also related
comments on data protection under Article 3 and on the language proficiency
requirements of prison staff under Article 15).
ARTICLE 5 OF THE
FRAMEWORK CONVENTION
Findings of the first cycle
57. In its first Opinion, the Advisory
Committee urged the authorities to pay increasing attention to the support of minority
cultures, including in connection with the implementation of the state
integration programme, and stressed the importance of the participation of
national minorities in the allocation of such support.
Present situation
a) Positive
developments
58.
59. Furthermore,
it is to be welcomed that the integration projects are seen as a tool to
strengthen more open and tolerant attitudes towards multiculturalism and that they
should be used to develop the understanding of ethnic differences as a positive
phenomenon that enriches society.
b) Outstanding issues
60. Support
provided for minority cultures is generally project-based, which makes it at
times difficult to sustain the type of activities requiring more consistent support
and core funding, such as the voluntary language schools (“Sunday schools”) set
up by national minorities (see also related comments under Article 13 below).
61. As
the European Union has become an increasingly important source of funding for
cultural and other civil society initiatives, including those of persons
belonging to national minorities, there are concerns that the related
procedures have become more complicated and difficult to access for persons
residing in regions such as Ida-Virumaa and in the Lake Peipsi area.
62. The
authorities’ commitment to
Recommendations
63.
64.
65. The
Estonian authorities should avoid using terminology that can be perceived as
implying that national minorities and their languages are not an integral part
of Estonian society.
National Minority Cultural
Autonomy Act
Findings of the first cycle
66. In its first Opinion, the Advisory Committee
concluded that the National
Present situation
a) Positive
developments
67. The implementation of the National
Minority Cultural Autonomy Act was launched by the Ingrian Finns, who held
elections for their cultural council in May 2004.
b)
Outstanding issues
68. The National Minority Cultural Autonomy
Act remains unchanged, despite the fact that there persists a wide measure of
agreement amongst persons belonging to national minorities that the law does
not, in its current form, serve its purpose, due, inter alia, to its restrictive scope of application. It is
generally acknowledged that the law contains various shortcomings, and the
authorities agree that amendments to the said law should be considered. At the
same time, in the framework of the Presidential Round-Table on National
Recommendations
69.
ARTICLE 6 OF THE
FRAMEWORK CONVENTION
Intercultural
dialogue and stereotypes, including in the media
Findings of the first cycle
70. In its first Opinion, the Advisory
Committee welcomed the increased intercultural dialogue but concluded that further
efforts are needed to counter excessive division in the media environment
between the media consumed by the majority population and that followed by the
minority population.
Present situation
a) Positive
developments
71.
b)
Outstanding issues
72. Despite mutual tolerance, a certain
separation between the majority population and the largest minority groups persists
in various sectors of society (see also related comments on education under
Article 12 below). Also, inter-cultural dialogue in the field of media
continues to be complicated by the fact that a majority of the persons
belonging to national minorities continue to follow largely foreign-based media,
in particular TV, thereby falling often outside the domestic information system.
73. Some media coverage reinforcing negative
stereotypes on national minorities is still reported, including in relation to
Roma.
Recommendations
74.
Ethnically motivated
incidents
Findings of the first cycle
75. In its first Opinion, the Advisory
Committee called for additional measures to counter the ethnically motivated incidents,
although such incidents were limited in number.
Present situation
Positive developments
76. Ethnically motivated incidents appear to
be isolated, and the new Penal Code, which entered into force in September
2002, provides new sanctions for public incitement to hatred or violence on the
basis of, inter alia, race, language
or origin. First convictions on the basis of these provisions were made in
2003.
Recommendations
77.
ARTICLE 8 OF THE
FRAMEWORK CONVENTION
Findings of the first cycle
78. In its first Opinion, the Advisory
Committee regretted the fact that the Estonian Orthodox Church under the Moscow
Patriarch had not been registered by the Ministry of Interior and called for
increased efforts to solve this issue.
Present situation
a) Positive
developments
79. In
an important decision, the Ministry of Interior registered the Estonian
Orthodox Church under the Moscow Patriarch on 17 April 2002, and the legal
framework pertaining to religious organisations was reformed through a new
Churches and Congregations Act, which entered into force in July 2002.
b)
Outstanding issues
80. Following the registration the Estonian
Orthodox Church under the Moscow Patriarch, the Government approved a protocol
on the organisation of the property relations between the state and the said
church, but the implementation of the agreement is still under way.
81. Article 7 of the new Churches and
Congregations Act stipulates that the name of a religious association shall be
written in Latin letters. While the requirements to use (also) Latin script may
be justified for the registration purposes and for other official contacts,
extending such an obligation to the use of the name in all other contexts,
including internal activities of religious associations, would be problematic
from the point of view of Articles 8 and 10 of the Framework Convention.
Recommendations
82.
ARTICLE 9 OF THE
FRAMEWORK CONVENTION
Legal guarantees and
the amount of broadcasting for minorities
Findings of the first cycle
83. In its first Opinion, the Advisory
Committee concluded that additional legal guarantees for the broadcasting on/for
persons belonging to national minorities would contribute to the implementation
of Article 9 of the Framework Convention. It also noted that the volume of
minority language broadcasting in the public service TV appeared limited and
should be reviewed.
Present situation
a) Positive
developments
84. While the legislative provisions
referring specifically to minorities have remained unchanged, it is positive
that the development plan of the Estonian Radio and Estonian Television for
2003-2005, approved by Riigikogu in
June 2002, acknowledges that the programmes of the Estonian Radio and the
Estonian Television oriented for minority groups have been insufficient and
merit more attention. There are some encouraging developments also in practice,
including increased programmes for numerically small minorities in Radio 4,
which complements the stations valuable Russian language programming.
b)
Outstanding issues
85. The commitment to pay more attention to TV
programmes oriented for minorities has regrettably not been adequately
reflected in the budgetary decisions. The amount of domestically produced programmes
for minorities remained modest and substantially below the targets set in the
above-mentioned development plan, and the programmes that were produced were
often funded from sources outside the regular budget of the Estonian Television.
The number of persons belonging to national minorities following the Estonian
public television channel remained very low (see also related comments under
Article 6 above).
Recommendations
86. Further measures, including increased
budgetary support, are needed to expand the scope of public service
broadcasting for national minorities, notably as regards domestically produced
programmes. This issue merits particular attention in the envisaged new
financing scheme for the Estonian Television. The need to strengthen pertinent
legislative guarantees also persists and should be addressed in the on-going
drafting of new legislation on public service broadcasting.
Findings of the first cycle
87. In its first Opinion, the Advisory
Committee referred to Article 25 of the Language Act and concluded that the
goal of having minority language broadcasting sub-titled in the state language
should be pursued principally through voluntary methods rather than by imposing
a rigid translation requirement. It further called for an examination of the
impact of Article 25 of the Language Act on minority language broadcasting.
Present situation
Outstanding
issues
88. Article 25 of the Language Act remains
unchanged and the Advisory Committee has received no information on any efforts
to analyse the impact that it has had on minority language broadcasting. The
Language Inspectorate has monitored the implementation of the translation
obligation notably in the field of cable broadcasting and found in September
2004 that a Russian language Orsent TV had violated the said provision. Orsent
TV received a written order from the Language Inspectorate to bring its broadcasting
into line with Article 25 of the Language Act, and subsequently the
transmission of its programmes was temporarily terminated by the holder of the
broadcasting licence up until Orsent TV began to translate its programmes.
Recommendations
89.
ARTICLE 10 OF THE
FRAMEWORK CONVENTION
The scope of the
protection of state language
Findings of the first cycle
90. In its first Opinion, the Advisory
Committee underlined that, while the protection of the state language is a
legitimate aim, it is essential that it is pursued in a manner that fully
reflects the principles contained in the Framework Convention, including in
connection with the work of the Language Inspectorate.
Present situation
a) Positive
developments
91. The Language Act has been amended in some
respects to better take into account the concerns of persons belonging to national
minorities, although the basic principles of the legislation remain essentially
intact since the first monitoring cycle. There have been improvements in some
sectors in the practice of the Language Inspectorate (see also related comments
under Article 11 below) and the
b) Outstanding
issues
92. While
recognising the need to promote and develop the Estonian language, the Advisory
Committee considers that there remains a risk that the continuous reliance on a
regulatory approach to promote the state language – sometimes at the expense of
incentive-based voluntary methods – leads to problems in the implementation of
the right of persons belonging to national minorities to use their language in
private and in public, orally and in writing. This risk is accentuated by the
fact that the Development Strategy of the Estonian Language for 2004-2010,
approved by the Government in August 2004, while pursuing an important aim of
protecting the Estonian language and while containing a number of valuable
initiatives, also calls for additional legal regulations on, and supervision of,
the use of the state language in businesses, advertising and various other
sectors. At the same time, the Strategy pays limited attention to some factors,
such as the need to develop Estonian language education for adults, which are
of central importance for persons belonging to national minorities. In order to
ensure a balanced approach, it is important that the position of persons
belonging to national minorities and their languages is more fully taken into account
in this context.
Recommendations
93. Estonian authorities should make further
efforts to ensure that the protection and promotion of the state language is
not pursued through an overly regulatory approach and at the expense of the
protection of national minorities and their languages.
Use of minority
languages in relations with authorities
Findings of the first cycle
94. In its first Opinion, the Advisory
Committee concluded that legislation concerning the use of minority languages
in contacts with administrative authorities lacks clarity and provides for a
high threshold for the implementation of the right to receive replies in a
minority language.
Present situation
a) Positive
developments
95. Following amendments to Article 9 of the
Language Act, which entered into forced in January 2002, it is now legal to use
a “foreign language” in oral communications with officials of state agencies
and local government “by agreement of the parties”. This provides an improved legal
basis for the practice, common in some areas, of using Russian is such contacts.
b)
Outstanding issues
96. While improving legal certainty, the
above-mentioned amendment provides only limited guarantees for persons
belonging to national minorities as it leaves an overly large margin of
discretion to the individual officials concerned as to whether persons
belonging to national minorities may use their language in contacts with
authorities without bearing interpretation costs. This follows from the fact
that in cases where the official does not agree to the use of the “foreign
language”, interpretation will be organised at the cost of the person “not
fluent in Estonian”.
97. More substantial guarantees, covering
also the submission of written documentation to the authorities in a minority
language, are applicable only in those local government units where at least
half of the permanent residents belong to a national minority, which, as was
pointed out in the first Opinion of the Advisory Committee, constitutes a high
threshold. Furthermore, the actual reach of these guarantees is difficult to
determine due to the legal uncertainty surrounding the legal scope of the term
national minority in Estonia (see also related comments under Article 3 above).
Recommendations
98. In the implementation of its legislation,
Estonia should ensure that persons belonging to national minorities, in areas
where they reside traditionally or in substantial numbers, have a true and
effective possibility to use their minority language in relations with
administrative authorities. It should seek to remove any legislative or
practical problems identified, including those that may stem from imposed financial
obligations or from the residual impact of the restrictive definition of the
term national minority.
ARTICLE 11 OF THE
FRAMEWORK CONVENTION
Findings of the first cycle
99. In its first Opinion, the Advisory
Committee encouraged the Government to find out whether the municipalities
concerned are aware of the possibility to introduce place names in minority
languages and to support implementation of such initiatives.
Present situation
a) Positive
developments
100. The new Place Names Act, which entered into
force on
b) Outstanding
issues
101. In spite of the Government’s efforts, there
appears to be still a certain lack of awareness of the relevant legal
possibilities and procedures available, including in those municipalities in
the
Recommendations
102. The Estonian authorities should continue
their efforts to encourage relevant local authorities to introduce minority
language place names. They should also consider the possibility of allowing the
additional use of script other than Latin for such place names.
Private minority
language signs
Findings of the first cycle
103. In its first Opinion, the Advisory Committee concluded that Article 23 of the Language Act is not compatible with Article 11 of the Framework Convention to the extent it prevents a person belonging to a national minority from displaying signs and other information of a private nature visible to the public in a minority language, and it urged Estonia to revise the relevant legislation and practice.
Present situation
a) Positive
developments
104. Following the comments made by the Advisory
Committee in the first cycle, the Language Inspectorate has substantially improved
its practice in this domain. Proceeding from the premise that the requirement
that any information visible to the public should be only in Estonian is not in
compliance with
b) Outstanding issues
105. The text of
Article 23 of the Language Act remains unchanged, despite the proposals,
including by the Language Inspectorate, to introduce amendments that would
explicitly sanction the use of another language alongside Estonian in private signs,
notices and advertisements visible to the public.
Recommendations
106. Improvements
in the practice of the Language Inspectorate affecting signs, notices and
advertisements in minority languages should be explicitly rooted in legislation
through amendments to Article 23 of the Language Act.
Present situation
107. The State Report refers to the fact that
persons belonging to national minorities do not have the possibility to have
their patronyms entered as such in their official personal identity documents,
but the Report goes on to argue that, bearing in mind the possibility to
register patronyms as second first names, the current practice is in conformity
with the Framework Convention.
108. The Advisory Committee finds it commendable
that the State Report explicitly refers to this concern, raised by the Legal Information
Centre for Human Rights during the preparation of the State Report. The
Committee recognised that the Framework Convention’s provisions on personal
names are to be applied taking into account each Party’s own particular
circumstances and that there has been an effort to accommodate the concerns
over registration of patronyms, albeit the proposed solution is not endorsed by
all persons concerned. At the same time, the Advisory Committee considers that other
options that would more fully address the concerns expressed in this regard could
be sought, possibly in connection with the on-going reform of legislation on
personal names.
Recommendations
109. The Advisory Committee encourages the
authorities to seek further alternative solutions for the registration of patronyms
in official personal documents, in consultation with persons belonging to
national minorities.
ARTICLE 12 OF THE
FRAMEWORK CONVENTION
Findings of the first cycle
110. In its first Opinion, the Advisory
Committee underlined that the identity of all ethnic groups living in Estonia
is to be reflected in schools in accordance with the national curriculum. The
Committee further stressed the importance of supporting teaching of minority
languages to persons belonging to the majority.
Present situation
a) Positive
developments
111. In the framework of the Integration
Programme, initiatives on curriculum development co-operation between
Russian-medium and Estonian-medium schools have been launched. Also, a number
of new textbooks for children studying in language immersion classes have been
drawn up in a manner that takes into account the cultures of persons belonging
to national minorities, avoiding at the same time gender stereotyping.
b) Outstanding issues
112. Despite some
efforts, studies suggest that the multicultural elements in the curriculum of
Estonian schools remain comparatively modest. Moreover, while the teaching of
certain minority languages for majority pupils is available in a number of
schools, studies show that the importance of studying minority languages is not
widely appreciated amongst majority pupils.
113. The Government
announced in October 2004 the establishment of a new commission to look into
history issues. The envisaged task of the commission, including review of
history textbooks used in Estonian-medium and Russian-medium schools, is of
direct relevance to the implementation of Article 12 of the Framework
Convention and it is important that the work of the said commission entails an
intercultural perspective and that persons belonging to national minorities are
also involved in the process.
Recommendations
114. Further
efforts should be made to ensure that adequate multicultural elements are
included in school curricula.
Findings of the first
cycle
115. In its first Opinion, the Advisory
Committee called for increased language and other training for teachers.
Present situation
a) Positive developments
116.
b) Outstanding issues
117. There is a clear
need to introduce more teacher training, including courses on language and in
teaching methodologies, as well as study materials suitable for an increasingly
bilingual school environment. This is instrumental inter alia to ensure that the quality of education does not suffer
as a result of the increase in the proportion of Estonian language instruction
in Russian-medium schools and that the teaching staff of schools continue to
reflect the ethnic and linguistic diversity of Estonian society. The demand for
additional training and other measures is particularly acute in many of those
secondary schools that are expected to introduce Estonian as their main
language of instruction as from 2007, but it also merits increased attention in
other levels of education, including in pre-schools, especially in Ida-Virumaa.
Recommendations
118.
Findings of the first cycle
119. In its first Opinion, the Advisory Committee
called for further initiatives to increase contacts between pupils of minority
language schools and those attending schools with Estonian as the language of
instruction.
Present situation
a) Positive developments
120. Projects have been launched to facilitate contacts
of children belonging to national minorities with Estonian-speaking children,
including through Estonian language camps and family exchange programmes.
b) Outstanding
issues
121. While the above-mentioned efforts have
yielded some positive results, the pupils in Estonian-medium classes and those
receiving instruction in a minority language continue to have limited contacts.
Also, the above-mentioned exchange projects and other similar initiatives focus
almost exclusively on providing persons belonging to national minorities an
experience in a cultural environment of the majority and not vice-versa.
122. Furthermore, it appears that none of the
various models introduced to increase Estonian language instruction in
pre-schools and basic schools entail a clear policy of encouraging the creation
of bilingual classes bringing together pupils from both an Estonian language
family environment and from a minority language environment or envisage measures
to ensure that school facilities are planned so that they encourage contacts
between them.
123. An increasing number of parents belonging
to national minorities have requested that their children be enrolled in
regular Estonian-medium pre-schools and schools. The Advisory Committee
considers that introducing classes with pupils from both majority and minority
communities can be a valuable way not only to improve the pupils’ language
skills but also to promote intercultural dialogue, provided the required
specific pedagogical skills and tools and careful planning are ensured. There
is a need to consider ways to further initiatives of this nature. This may need
to involve changes in the current regulatory framework, which provides inter alia that, in order to enrol pupils
in a school, they must have the sufficient proficiency in the language of instruction
of the school concerned.[2]
Recommendations
124.
Findings of the first
cycle
125. In its first
Opinion, the Advisory Committee underlined that the availability of Estonian
language teaching in pre-schools should be achieved in a manner that also
provides equal opportunities for access to such education for persons belonging
to national minorities.
Present situation
a) Positive
developments
126. The Estonian language has been introduced
gradually and in a manner that has not undermined the availability of Russian
language teaching in pre-schools.
b)
Outstanding issues
127. The availability of teachers with adequate
language skills and other challenges need to be tackled so as to ensure that
minority language pre-schools remain a real option with quality comparable to
other alternatives such as immersion models.
Recommendations
128. Estonia should continue to pursue
vigorously its commitment to ensuring that children belonging to national
minorities have equal
opportunities for access to pre-school education.
Findings of the first cycle
129. In its first
Opinion, the Advisory Committee called for measures to ensure that the limited
availability of Russian language instruction does not cause difficulties for
persons belonging to national minorities with respect to their equal
opportunities for access to higher education.
Current situation
a) Positive developments
130.
b) Outstanding issues
131. Language difficulties
continue to be a serious obstacle in higher education for many persons
belonging to national minorities, and this has contributed to the relatively
high drop-out rate. Furthermore, the census data suggests that persons
belonging to national minorities are significantly less likely to acquire a
master or doctorate degree than persons belonging to the majority.
Recommendations
132.
ARTICLE 13 OF THE
FRAMEWORK CONVENTION
“Sunday schools” for
national minorities
Findings of the first cycle
133. In its first
Opinion, the Advisory Committee called for additional support for private
initiatives on education of persons belonging to national minorities.
Present situation
a) Positive
developments
134. In the context of the integration
programme, a number of voluntary language schools (“Sunday schools”), set up mostly
by cultural associations of national minorities, have received public support.
There is an active discussion on how to establish a satisfactory funding scheme
for such schools, which are of particular importance to numerically smaller
minorities.
b)
Outstanding issues
135. Due to shortcomings in the pertinent
legislation and practice, public financial support for “Sunday schools” is at
present not provided in an optimum manner and many of the schools concerned do
not enjoy such support (see also related comments under Article 5 above).
Recommendations
136.
ARTICLE 14 OF THE
FRAMEWORK CONVENTION
Minority languages
in secondary education
Findings of the first cycle
137. In its first Opinion, the Advisory stressed
that the on-going initiatives in the educational system should be carried out
in a manner that contributes to the integration of persons belonging to national
minorities but not to their assimilation. In addition, the Advisory Committee
concluded that the relevant implementing decree of the
Present situation
a) Positive developments
138. In March 2002,
b) Outstanding issues
139. The amended
Article 9 provides that a proposal to have a language other than Estonian as
the language of instruction is to be addressed by the board of trustees of the
secondary school to the local government council, which can then apply for
permission from the Government. So far no decisions have been taken by the
Government on the basis of this provision, and considering that the Ministry of
Education has received some proposals directly from schools, the schools and
others concerned are apparently not adequately informed or aware of the
applicable procedures. It furthermore appears that the authorities have not yet
determined a clear approach as to how to deal with forthcoming applications.
Recommendations
140. There is clear
need to provide the schools, local authorities and others concerned with more
procedural and other guidance on how to invoke the possibility to have a
minority language as a language of instruction after 2007. Furthermore, there
is a need for the central authorities to take more proactive measures on this
matter and to establish a sound approach on how to process future applications
and to take eventual decisions in line with the principles of the Framework
Convention.
Minority languages
in basic schools
Findings of the first cycle
141. In its first Opinion, the
Advisory Committee concluded that the possibility to have a minority language
as the main language of instruction is maintained but that legislation provides
no guarantees for, or encouragement of, the implementation of this option. The Advisory
Committee also noted that the role of minority languages in basic schools with
Estonian as the main language of instruction lacks detailed guarantees.
Current situation
a) Positive developments
142. In the school year 2002/2003, there were 89
basic schools in
143. Furthermore, in 2003,
b)
Outstanding issues
144. In practice, however, the above-mentioned
new guarantees have not proved particularly successful. They have, to date,
resulted in the establishment of only one class (with Ukrainian language
teaching in Sillamäe) and the authorities acknowledge the limited results
achieved so far and cite various reasons as possible explanation for this state
of affairs, ranging from financial implications to the availability of “Sunday
schools” and to the fact that many minorities concerned are dispersed and that
these classes may coincide with classes in popular foreign languages.
Recommendations
145. There is a need to identify the obstacles
that hinder the establishment of the above-mentioned classes and to review the
existing regulations and procedures with a view to ensuring that the positive
goals of the new guarantees are met.
Findings of the first
cycle
146. In its first Opinion, the
Advisory Committee stressed that the fully voluntary nature of the “language
immersion” should be maintained.
Current situation
a) Positive
developments
147. While the Estonian language immersion
classes have been introduced in an increasing number of Russian-medium schools,
it is perceived as a voluntary alternative rather than a replacement of classes
with Russian language as the language of instruction. This is important bearing
in mind that immersion, while welcomed by a number of parents, is not considered
a suitable model for all persons belonging to national minorities.
b)
Outstanding issues
148. As the immersion classes expand further and
significant resources are allocated to this method of teaching, it is important
to ensure that other models of education are comparatively resourced.
Recommendations
149. The authorities should ensure that the
immersion models are not unduly privileged in the funding decisions so as to
ensure that the quality of teaching, as well as textbooks and facilities, in
other educational models are comparable.
ARTICLE 15 OF THE
FRAMEWORK CONVENTION
Language proficiency
requirements in elections
Findings of the first
cycle
150. In its first Opinion, the
Advisory Committee concluded that the language proficiency requirements for
candidates in local and parliamentary elections are not compatible with Article
15 of the Framework Convention and urged
Current situation
Positive
developments
151.
Consultative bodies
representing national minorities
Findings of the first cycle
152. In its first Opinion, the Advisory
Committee concluded that, bearing in mind that the Presidential Round-Table was
essentially an expert body, new structures of consultation were needed.
Current situation
a) Positive
developments
153. The
structure of the Presidential Round-Table was changed in 2003, with the introduction
of a chamber of representatives of national minorities. This move contributed
to the representativeness of the round-table. There have also been promising
initiatives at the regional and local level to set up new consultative
structures for persons belonging to national minorities, the most recent being
the decision to set up a new council of national minorities in the city of
Tallinn.
b) Outstanding issues
154. Despite
certain progress, the status and the role of consultative bodies in decision-making
processes pertaining to national minorities could be developed and consolidated.
The Advisory Committee notes in this connection that initiatives that may have
an indirect but substantial impact on minority protection, such as the
Development Strategy of the Estonian Language, have not been consistently
discussed with the representatives of national minorities. There have been
proposals to include guarantees for inclusive and adequately funded
consultation structures in the proposed new law on national minorities.
Recommendations
155.
Effective
participation in economic life
Findings of the first
cycle
156. In its first Opinion, the
Advisory Committee concluded that unemployment appears to affect disproportionately
persons belonging to national minorities and it urged the Government to pursue
decisively its initiatives to counter this phenomenon.
Current situation
a) Positive developments
157.
b) Outstanding issues
158. Persons
belonging to national minorities continue to be significantly more affected by
unemployment than the majority population and their number in certain sectors
of employment, including in higher level of administration, is remarkably low. The
unemployment rate of young women belonging to national minorities is
particularly disconcerting, and it is therefore positive that they will receive
particular attention in the implementation of the EQUAL initiative, launched by
the EU to promote equal opportunities in the labour market.
159. While
there are many factors affecting the employment situation of persons belonging
to national minorities, it is essential that the authorities ensure that there
is no direct or indirect discrimination in the labour market, and in this
respect the implementation and monitoring of the new legal guarantees against
discrimination in the Employment Contracts Act is of particular importance (see
also related comments under Article 4 above).
Recommendations
160. Authorities should pursue
further their efforts to address the disproportionately high unemployment rate
amongst persons belonging to national minorities in Ida-Virumaa and elsewhere
by launching regional development initiatives and measures to fight direct and
indirect discrimination in the labour market. This should also enhance the
recruitment of qualified persons belonging to national minorities in public
service.
Language proficiency
requirements in employment
Findings of the first
cycle
161. In its first Opinion, the
Advisory Committee stressed that language proficiency requirements should be
applied only where they are necessary to protect a public interest and it drew
attention to the situation of those persons who had already received their
language proficiency certificates in accordance with the previously applicable
regulations. It also called for human rights training for the staff of the
implementing agencies.
Current situation
a) Positive developments
162. In an important decision,
the Riigikogu amended Article 28 of
the Language Act on
b) Outstanding issues
163. It appears that the
present language proficiency requirements are unrealistic in some sectors and
do not fully take into account the practical situation in the sectors
concerned, as is suggested by the extraordinarily high number of infringements
of the Act detected by the Language Inspectorate. In 2003, the Inspectorate
carried out 2400 inspections and found that the Language Act had been infringed
in 1899 cases. In 2004, violations were again found in a great majority of
cases inspected and the number of misdemeanour procedures increased
considerably, including inter alia
fines for 257 public servants (mostly police and detention personnel) and for
129 teachers of Russian-medium schools.
164. Also, it appears also that
the language proficiency requirements do not take adequately into account the
regional specificities. For example, the Language Inspectorate checked the Estonian
language skills of Kohtla-Järve town officials between 1997-2003 and concluded
that 83 percent of them did not have the required language skills. During its
follow-up inspection, the Inspectorate concluded that 85 percent of the persons
concerned had not improved their skills.[3]
It is clear that rigid implementation of language requirements would be
unrealistic in such circumstances and that this would have a negative impact on
the employment situation and functioning of certain public bodies.
165. In some sectors, the work
to implement the Language Act has created new challenges. This is the case, for
example, in the prisons, where the aim of ensuring Estonian language
proficiency of the staff reportedly risks resulting in shortcomings in their Russian
proficiency, which is essential bearing in mind that a majority of the inmates
are Russian-speaking.
166. In addition, there is a
degree of uncertainty amongst national minorities as to the reach of the Estonian
language proficiency requirements in the private sphere. For example, it is
unclear to many as to whether the requirement of intermediate level Estonian
language proficiency, established by the governmental decree of 15 May 2001,
for certain sales and service employees applies to all persons who have the
duty to give information on qualities, prices and origin of goods and services
offered or whether it is enough that someone with the said proficiency is
available in a given service or sales enterprise.
Recommendations
167. In general, the authorities should ensure
that the Estonian language proficiency of employees and public servants is not
be pursued through an overly proscriptive approach by the Language Inspectorate
or others involved and that the protection of national minorities is fully
taken into account in this context.
168. In each individual sector of employment,
the suitability of the existing language proficiency requirements, mostly
established in 2001, should be reviewed so as to ensure that the requirements
are realistic, clear and proportional to the aim pursued, and that they do not
unduly hinder access of persons belonging to national minorities to employment
and their participation therein.
ARTICLES 17 AND
18 OF THE FRAMEWORK CONVENTION
Findings of the first cycle
169. In its first Opinion, the Advisory
Committee stressed that the new visa regime with the
Present situation
a) Positive
developments
170.
b) Outstanding
issues
171. There remains a need to extend the validity
of the simplified visa regime at the cross-border region. The successful
completion of the renewed discussions with the
172. The Advisory Committee would like to draw
attention to the need to pursue further bilateral projects to tackle
environmental issues concerning Lake Peipsi in co-operation with persons
belonging to national minorities residing in the lakeside communities, where fishing
has traditionally been a key activity.
Recommendations
173.
174. The Advisory Committee considers that these
concluding remarks could serve as the basis for the conclusions and
recommendations to be adopted by the Committee of Ministers in respect of
Estonia.
175. Estonia has taken a number of steps to
improve the implementation of the Framework Convention following the adoption
of the first Opinion of the Advisory Committee in September 2001 and the
Committee of Ministers’ Resolution in June 2002. In various key sectors, the
authorities have addressed shortcomings in legislation and practice while
stepping up their dialogue with representatives of national minorities and
civil society.
176. As regards naturalisation, certain positive
measures have been introduced to make the process more accessible and
streamlined, and there has recently been an increase in the rate of
naturalisation.
177. Estonia has introduced important
flexibility to the legislation concerning language of instruction in secondary
schools by making it possible for schools to apply for an exemption from the
requirement to introduce Estonian as the main language of instruction as from
2007.
178. Estonia has addressed certain problems
contained in its language-related legislation, including by eliminating the
language proficiency requirements for electoral candidates and by extending the
validity of language proficiency certificates for occupational purposes.
179. The obstacles to the posting of minority
language private signs have been reduced through changes in the practice of the
Language Inspectorate.
180. The number of persons without citizenship
remains disconcertingly high. Despite positive measures taken to facilitate
naturalisation, the language tests and other factors are still an obstacle for
many.
181. The envisaged transfer to Estonian as the
main language of instruction in secondary schools, involving at least 60
percent of instruction in Estonian, has not yet been adequately prepared by the
authorities, including as regards teacher training and procedures for seeking
exemptions from the said transfer.
182. New legal provisions on optional classes on
minority languages have not yielded substantial results in basic schools. In
addition, the initiatives to facilitate contacts between pupils from different
communities have not yet been implemented widely enough in various levels of
education.
183. Despite some improvements in the related
administrative practices, the Language Act still contains elements that are
problematic from the point of view of the Framework Convention, including as
regards private signs.
184. The state language proficiency requirements
in employment do not fully take into account the present practical situation in
all affected sectors, such as law-enforcement, and in the geographic areas
concerned.
185. Persons belonging to national minorities,
in particular young women, in Ida-Virumaa, and elsewhere, continue to be
disproportionately affected by unemployment.
186. The proportion of persons belonging to
national minorities employed in public service is relatively low, in particular
in higher levels of administration.
187. The National Minority Cultural Autonomy Act
remains unchanged despite the fact that it is generally considered to be
ineffective.
188. Estonia has improved guarantees against
discrimination in some sectors, but the proposed comprehensive legislation in
this sphere has not yet been adopted.
189. In addition to the measures to be taken to
implement the detailed recommendations contained in sections I and II of the
Opinion of the Advisory Committee, the authorities are invited to take the
following measures to improve further the implementation of the Framework
Convention.
-
Take
further positive measures to facilitate and encourage naturalisation, including
through increased free-of-charge state language training.
-
Intensify
training and other efforts required for the transfer to Estonian as the main
language of instruction in secondary schools and establish clear procedures for
seeking exemptions from the said transfer.
-
Review
the functioning of the legal provisions on optional classes on minority
languages in basic schools.
-
Take
further measures to facilitate contacts between pupils from different
communities.
-
Take
steps to ensure that the Language Act is fully in line with the Framework
Convention, including as regards private signs.
-
Review
the state language proficiency requirements in various sectors of employment so
as to ensure that they are realistic, clear and proportional.
-
Pursue
further efforts to address the disproportionately high unemployment rate
amongst persons belonging to national minorities by launching regional
development initiatives and measures to fight direct and indirect
discrimination in the labour market.
-
Enhance
the recruitment of qualified persons belonging to national minorities in public
service.
-
Address
shortcomings in the National Minority Cultural Autonomy Act by drawing up, in
consultation with those concerned, legislation that is more inclusive and takes
better into account the present-day concerns of persons belonging to national
minorities.
-
Complete
the work to draw up comprehensive legislation against discrimination.
[1] See
Report by Mr Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to
Estonia on
27-30 October 2003, CommDH(2004)5.
[2] Decree No 10 (1994) of the Ministry of Education "The
Order of Admission to, Change of and Leaving the School by Basic and Secondary
School Students".
[3] See Ilmar Tomusk, Director General
of the National Language Inspectorate, “Kohtla-Järve – An