MPs' appeal on citizenship in Estonia

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Subject: MPs' appeal on citizenship in Estonia

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MPs' appeal on citizenship in Estonia


APPEAL OF THE MEMBERS OF THE RIIGIKOGU S.IVANOV, V.ANDREYEV, S.ISSAKOV
AND I. SEDASHEV

We would like to inform You about our amendments to the Citizenship
Act of Estonia. We are convinced that the acceleration of the
naturalization processes is an inevitable pro-condition of the
Estonian society integration and of the appreciation of the human and
national minorities rights.

We are very concerned about the existential conditions of a
considerable part of the Estonian population which is deprived of the
citizenship and cannot protect and represent adequately their
interests and participate normally in a social and political life.

To our mind the attitude of the Estonian government to the
Russian-speaking population should be based on friendly sentiments:
these people should be treated not as a problem but as a great
potential of the future Estonian society stability and welfare.

We appeal to Council of Europe, OSCE, EU, European countries, Russia,
the USA and international organisations for assistance. We are sure
that they cannot ignore the well-known facts of the Russian-speaking
population discrimination.

The Estonian society integration contributes to welfare of the
Estonian state and of all people who live there; it seems to be very
important for future peace and stability of our common European House.

Submitted by the Members of the Riigikogu:
Sergei lvanov (signed)
Sergei Issakov (signed)
Viktor Andreyev (signed)
lgor Sedashev (signed)
30 January 1998
-------------------------

APPEAL OF THE MEMBERS OF THE RIIGIKOGU S.IVANOV, V.ANDREYEV, S.ISSAKOV
AND I.SEDASHEV

We support the development of Estonia towards market economy, creation
of a constitutional state and establishment of an open civil society,
as well as its striving for integration in the democratic union of the
European states.

The resolutions adopted at the meeting of the leaders of the European
states in Luxembourg open for Estonia a door into the European Union,
create new opportunities for economic development and for promoting
the public welfare, give a new impetus to the development of democracy
and help to ensure equal opportunities for a free development of
everybody.

For achieving these aims, Estonia needs a stable development. Although
a new social and political situation is developing in Estonia as the
result of the election of the Riigikogu in 1995, the political
conditions into which the Russian-speaking part of the population of
Estonia has been placed arouse a serious concern.

The Russian-speaking part of the population of Estonia was not
represented in the Riigikogu in 1992-1995 when several laws of
principal importance were adopted, and so this stratum did not have
opportunities for representing and safeguarding its interests. The Law
on Citizenship has placed many representatives of that stratum into a
prejudiced condition and has been directly discriminative against
them. This strengthened the tendency towards parallel existence of two
isolated language communities: the Estonian-speaking community vested
with power, and the Russian-speaking community practically kept off
from the social and political life, as well as from participation in
the adoption of decisions having direct impact on them.

Now it has been generally understood that the only way for harmonizing
the interests of all the people living in Estonia is fostering of
mutual confidence, building up of constructive dialogue, drawing up of
compromise, improving of the social climate. Recent resolutions of the
Government and the well-balanced position of the President indicate
that Estonia is taking a course towards integration and creation of a
social and political model that will enable all the members of the
society to participate in its life and guarantee their security and
free development. This is a model that will create a good basis for a
stable development of Estonia, however, implementation of this model
will require some effort and goodwill.

We find it necessary to note that one of the prerequisites for
creating of such a society is the confidence of Estonians that the
Estonian language and culture will be preserved and developed. 

In all likelihood, most of the people living in Estonia will support
the entry of our state into the European Union. It can be predicted
that this will be supported also by the Russian-speaking community.
Therefore, just now the Riigikogu has to be fully aware of its
responsibility for the future of Estonia and create a legal basis for
the Government that would enable us to meet the conditions imposed on
us on submitting the application for our admission to the European
Union.

We consider that one of the most important factors of integration
should be a clear legal relationship between the individual and the
state, and consistent reduction of the great number of stateless
persons and citizens of other states. They must be afforded an
opportunity to receive Estonian citizenship, and first of all this
concerns children. In the first year of its independence Estonia
acceded to the UN Convention on the Rights of the Child.

In view of the above, we have prepared, in co-operation with the
Informational Centre on Human Rights, a Bill of Act on Amendments to
the Law on Citizenship. This Bill was prepared on the basis of a
thorough investigation into the proceedings of such international
organisations like OSCE, the UN Committee on Human Rights, Council of
Europe Parliamentary Assembly, as well as of  authoritative
international forums.

On the 50th anniversary of the adoption of the Universal Declaration
of Human Rights we believe that now the time has come for Estonia to
demonstrate not only an understanding of the principles and values of
the European co-operation but also its readiness to solve the problems
existing in the Estonian community.

The rising generation of Estonian citizens and those young people who
will become citizens tomorrow, and who soon become citizens of Europe,
must grow patriots of their country; they have to take the
responsibility for its future. They have to treat people humanely,
regardless of their race, language and confession, as well as of their
mental and physical abilities.

Pursuant to the Constitution of the Republic of Estonia, following the
recommendations of several European and international experts and in
view of the UN Convention Declaration of the Human Rights, the UN
Convention on the Rights of the Child, the European Convention for the
Protection of Human Rights and Fundamental Freedoms, as well as the
European Convention on Citizenship adopted this year, we propose to
amend the provisions of the Law on Citizenship in the following way:

- to grant citizenship to the children born in Estonia after 20 August
1991, unless they acquire it otherwise, to the children under 18 years
of age born from an Estonian citizen and a stateless person, to the
children under 18 years of age who are stateless and who have resided
in Estonia for 10 years, including the years before 20 August 1991, to
the nurselings of orphanages, unless they receive any other
citizenship;

- to exempt from taking the examination on the knowledge of the
Estonian language and Constitution elderly people born before 1
January 1937, invalids of the first or second group, persons who are
married to Estonian citizens, and persons who have settled in Estonia
before 1 July 1990 and have got the permanent residence permit.

We appeal to the President of the Republic of Estonia, to the
Government of the Republic of Estonia, to the Members of the
Riigikogu, to parties and their leaders, to public organisations and
movements, as well as to public men and cultural workers with the
request to support the Bill, assist in the adoption and implementation
of this Bill. Doing this, we would demonstrate to all the people who
by Lord�s will live or have settled in Estonia, and at the same time
also in Europe, the maturity of the political forces of Estonia, as
well as their willingness to meet also many other challenges on the
road of creation of a democratic society in Estonia.
-----------------------

EXPLANATORY LETTER
TO THE BILL ON AMENDMENTS TO THE LAW ON CITIZENSHIP

>From 7 November 1997 the European Convention on Citizenship has been
opened for signing by Member States of the Council of Europe, as well
as by other states. The Republic of Estonia has acceded to the UN
Convention on the Rights of the Child. Article 7 of that Convention
provides that any child shall have the right to acquire citizenship
from the birth, and Member Countries to that Convention guarantee the
implementation of those rights pursuant to their laws and the
commitments that arise from international legal acts, especially if
otherwise the child would not have any citizenship. The Law on
Citizenship adopted in 1995 does not guarantee citizenship to every
child while the Constitution of the Republic of Estonia, Article 123,
provides that in case if Estonian laws or other acts contravene
international agreements ratified by the Riigikogu the provisions of
the international agreement  shall be applied. Article 3 of the
Convention on the Rights of the Child provides that in any actions
taken by public or private social welfare institutions, courts,
executive or legislative bodies the interests of the child shall take
the priority.

European Convention on Citizenship, Article 6 paragraph 2, prescribes
that every state shall provide in its legislation an opportunity to
acquire citizenship for children who are born on the territory of the
state and who do not acquire the citizenship of any other state by
birth. In the same way, citizenship shall also be granted to children
who have lost their citizenship, provided that the corresponding
application is submitted to the competent institution and that before
the submission of the application the child has permanently and
legally resided on the territory of the state for a time period
necessarily not exceeding 5 years.

Article 2 of the European Convention on Citizenship gives a definition
of the term "child": a child is any person under eighteen years of
age, unless the internal laws of the state establish a lower limit for
attaining of the full legal age. Article 1 of the UN Convention on the
Rights of the Child prescribes that any person under eighteen years of
age shall be considered a child. According to the Civil Code of the
Republic of Estonia, General Provisions, Article 9 paragraph 1, a
person reaches majority with eighteen years. In the same way this
issue was settled also in the Law on Citizenship of 1938.

Considering the above, the age limit of majority in Chapter 3 of the
Law on Citizenship, Conditions for Receiving Estonian Citizenship As a
Minor, is to be brought into accordance with these norms, i.e. changed
from 15 years to 18. Max van der Stoel, the High Commissioner of the
OSCE on the issues of national minorities, has also advised to grant
citizenship to minors born in Estonia whose parents are stateless
persons. The European Convention on Citizenship prescribes that states
provide in their legislation opportunities for acquiring citizenship
by minors and persons who were born on the territory of the
corresponding state, by stateless persons who reside there permanently
on a legal basis, by persons who are married to citizens. The Law on
Citizenship of 1938 of the Republic of  Estonia provided an
opportunity for acquiring Estonian citizenship pursuant to a
simplified procedure by foreigners who had married an Estonian
citizen. Therefore, the legal norm which already existed in the
Estonian legislation should be restored and extended, in order to
bring it into accordance with the provisions of the European
Convention.

The legal norm of the Law on Citizenship of 1938 according to which
the requirements for knowledge of the Estonian language could not be
applied to persons who had resided in Estonia on a legal basis for
more than 10 years should also be considered. It would also be
reasonable and humane to consider the proposals made by Max van der
Stoel in his letter to the Minister of Foreign Affairs of the Republic
of Estonia: to exempt from the obligation to take the language
examination retired people and invalids who apply for Estonian
citizenship; authorities of Estonia have still not accepted this
proposal.

The European Convention on Citizenship has been adopted for achieving
the following aims: to weaken the conditions for receiving
citizenship, to render more difficult losing and depriving of
citizenship, to ensure the use of just procedures in the processing of
applications for citizenship, to establish a legal framework for
persons who may become stateless (apatrides) in the result of
disintegration of states.

The Convention is directed to forestalling the emergence of stateless
persons in the Member States of the European Union, as well as against
any discrimination on the basis of nationality in granting of
citizenship. The main purpose of the Convention is to regulate the
issues of citizenship while safeguarding the rights of the people who
permanently reside in the Member States of the Council of Europe.

As Estonia is striving for the status of a full member of the European
Union, an harmonization of the Estonian Law on Citizenship with the
Convention�s principles relating to the citizenship of natural persons
would be in full accordance with the spirit and traditions of the
European Union.

December 18, 1997

(Signatures)

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