From: thietaniemi@cc.helsinki.fi
Newsgroups: talk.politics.soviet,soc.culture.soviet
Subject: Re: ESTONIAN constitution (was: "democratic"
Date: 11 Sep 92 17:19:21 GMT
Organization: University of Helsinki


SOME COMMENTS ABOUT CITIZENSHIP REQUIREMENTS AND THE RIGHTS
GRANTED TO NON-CITIZENS BY THE ESTONIAN CONSTITUTION
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In article <1992Sep11.092155.10734@nntp.hut.fi>, f33012l@puukko.hut.fi (Janne K
> sommar@enea.se (Erland Sommarskog) writes:
>
>>>The Estonian government seems to not recognize permanent residence
>>>criteria and base its citizenship law solely on ethnicity which is
>>>universally considered a kind of racism.
>>
>>Please quote relevant parts of the Estonian citizenship law which
>>says that citizenship is based on ethnicity. Hint: you will have
>>severe problems with finding any.


Exactly!

> If I remember right Estonian law guarantees citizenship to those who
> were Estonian citizens during the 'old' republic and their descendants.
> I understand that the permanent residence requirement doesn't concern
> these people.


In the constitution: (paragraph 8):
"Every child, the other parent of which is an Estonian citizen, has
the right to the Estonian citizenship by birth."

//Igal lapsel, kelle vanematest u"ks on Eesti kodanik, on o~igus
Eesti kodakondsusele su"nnilt -IN ESTONIAN//

> If you have had permanent residence in Estonia for more than five years,
> you are eligible for citizenship. In addition, you have to demonstrate
> skills in Estonian language and this is the controversial part of the law.
> What are the skills required? How strictly is the law enforced? In Latvia
> the permanent residence requirement is 16 years.

Here I agree, this is really CONTROVERSIAL!
So much as I understand, these requirements are regulated by a decree.
In the beginning of summer it was widely spoken about competence
of "1500 words". During Summer the Va"hi government raised the limit
to "2500 words", if I am not mistaken.

My opinion (and the centrist Estonian opinion): This limit should be
drastically reduced! The citizenhip treshold to the Russian population
should be set as low as possible in Estonia - how about - for example -
500 words? (with Finnish-Estonian 18 different cases it should be hard enough
for those Indo-Europeans! :)

(DISCLAIMER: I am not insisting that the indo-europeans from India
are occupying Europe that once belonged to the native population. :)

But, quite frankly:
The danger lurks in horizon that if the radical right wing wins
the Estonian elections by landslide, the linguistic competences required
for citizenship might be even higher or remain too high! That's why
I'm holding  my thumbs up to the centrists (and Savisaar, who
outspokenly champions for national reconciliation in Estonia).

What do the other Finns (and Estonians) think of my opinion? I suppose that
the aim of national reconciliation in Estonia is so self-evident to the vast
majority of Finns, that they do not even mention that in discussion
- and thus sometimes cause unhappy misunderstandings in international arena.

> Double citizenship is not permitted, so the ones willing to retain their
> Russian passports will not get Estonian citizenship.

Correct. One must make the decision whether one will be constructing
the new Estonian republic as a citizen or as an alien permanently
residing in Estonia. Both alternatives are possible: let's read the
brand new constitution:

SELECTIONS FROM THE ESTONIAN CONSTITUTION
(Sorry, still only available in Estonian!)

"Every one's all rights, freedoms and duties mentioned in the
constitution are equal concerning as well the Estonian citizens as the
citizens of other states residing in Estonia and the individuals
without citizenship". (Paragraph 12)
Well, a little clumsy translation , I'm no jurist by schooling:
/IN ESTONIAN: Po~hiseaduses loetletud ko~igi ja igau"he o~igused,
vabadused ja kohustused on vo~rdselt nii Eesti kodanikel kui ka
Eestis viibivatel va"lisriikide kodanikel ja kodakontdsuseta
isikutel./ Correct, when necessary!

But this is the very PRINCIPLE accepted by all Estonians when we
deal with the fundamental human rights:

"Every one is equal before the law. Nobody is allowed to be discriminated
because of nationality, race, color, family, language, native place, confession,
political or other convictions or because of social position or wealth or
because of other circumstances." (Paragraph 12)
Ditto, clumsy; Estonian is not my mother's tongue!
/IN ESTONIAN: Ko~ik on seaduse ees vo~rdsed. Kedagi ei tohi diskrimineerida
rahvuse, rassi, nahava"rvuse, soo, keele, pa"ritolu, usutunnistuse,
poliitilise vo~i muude veendumuste, samuti varalise ja sostsiaalse
seisundi vo~i muude asjaolule to~ttu./

Of course, it should go without saying, that the non-citizens do not
aqcuire the very same welfare and social security as the citizens
(like pensions) and of course they will not be allowed to vote in
parliamentary elections.

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What rights do they get, then?
-----------------------------------------------------------------
Let us read the constitution:

- state protection (paragraph 14)
- right to appeal to to court for one`s rights (15)
- right to life (no arbitrary taking of one's life) (16)
- to honor (17)
- free creativity (19)
- personal freedom (20)
- to be innocent when not proven guilty (22)
- and other normal judicial rights concerning the process in court..
- right to retribution against unjustly damage (25)
- family freedom (26)
- right to health care (regulated by other laws, of course) (28)
- right to choose one's occupation and working place (29)
- right to form trade and other unions and strike (29)

A very important passage:
"The governmental offices and offices in local self-government
shall be nominated according to the law from the Estonian citizens.
In accordance to the law also citizens of other states and
individuals without citizenry could be nominated" (paragraph 30).
/IN ESTONIAN: Ametikohad riigiasutustes ja kohalikes omavalitsuses
ta"idetakse seaduse alusel ja korras Eesti kodanikega. Koosko~las
seadusega vo~ib neid ametikohti erandkorras ta"ita ka va"lisriigi kodanike
ja kodakondsuseta isikutega./

Still, more rights:
- right to enterpreneurship (31)
- right to OWNERSHIP AND PROPERTY (32)
- Every one that is staying in Estonia according to the law,
  has the right to move without hindrance and freely choose his/her
  place of residence (34)
- right to leave Estonia (35)
- right to stay in Estonia (36)
- right to education (37)
- freedom of scientific and artistic activity and their education (39)
- freedom of conviction, religion and thought (40)
- secrecy of post, telegraph, telephone...etc. (43)
- right to spread information in any form (44-45)
- No cencorship ("Tsensuuri ei ole".) (45)
- right to peaceful meetings without permission (47)
- right to membership in associations and societies (48)
  However, only the citizens are allowed to be party members (as was the case
  in Finland until the end of 1980'ies, unfortunately)
- right to preserve one's nationality (49)
- "The minority nationalities have the right to create for their
national culture self-governing offices of their own as will be
regulated by the law on cultural autonomy of national cultures" (50)
/IN ESTONIAN; Va"hemusrahvustel on o~igus luua rahvuskultuuri huvides
omavalitsusasutusi va"hemusrahvaste kultuurautonomia seaduses
sa"testatud tingimustel ja korras"/
- right to use Estonian when communicating with local authorities
  and magistrates (51)
- An important passage:
  "In localities where more than a half of residents belong to
a minority population, they have the right to get answered (NB)
by the authorities with the language of one's own" (51)
- The state activities and local administration will be conducted
in Estonian: Exception:
- "In places where the majority language is not Estonian, local
bodies of self-government may use local majority residents' language
as an internal means of communication" (52)
/IN ESTONIAN: Paikkondates, kus elanike enamiku keel ei ole eesti keel,
vo~ivad kohalikud omavalitsused sadudes sa"testatud ulatuses ja korras
kasutada sisemise asjamiskeelena selle paikkonna pu"sielanike
enamiku keelt./
- "The usage of foreing languages (and the minority languages) in
state offices and in court will be regulated by the law" (53)
/IN ESTONIAN: Vo~o~rkeelte, sealhulgas va"hemusrahvuste keelte kasutamine
riigiasutuses ning kohtu- ja kohtueelses menetluses sa"estab seadus"/

This refers to the progressive Estonian language law, which I shall present
here in the very near future!
And still, couple of duties:
- duty to protect nature (53)
- right and duty to protect the independence (for the citizens) (54)

And still one duty concerning only non-citizens:
-"The citizens of other states and individuals without citizenship
residing in Estonia are under obligation to act according to
the Estonian constitution" (55).
/IN ESTONIAN: Eestis viibivad teiste riikide kodanikud ja kodakondstuseta
isikud on kohustatud ja"rgima Eesti po~hiseaduslikku korda/.

NOW, WE MIGHT IN A RATIONAL MANNER ARGUE, WHETHER THE ESTONIAN RULE
RESEMBLES OF APARTHEID, STALINISTIC OR FASCISTIC RULE.
It should be obvious it doesn't.
There is much to critizise in Estonia, but at first one should have
some elementary knowledge on the contemporary legislation.

The vast majority of Estonians are determined to build a nordic country
with the rule of law, which should be clear to anyone
involved with the questions of Estonian politics.

(to be continued)
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Tapani Hietaniemi, University of Helsinki

Our common aim: Peace, multiculturality, democracy and prosperity
around the Gulf of Finland!