A new form of language census for deputies in Estonia

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Date: Tue, 11 Dec 2001 15:57:22 +0200 (EET)
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Subject: A new form of language census for deputies in Estonia

From: MINELRES moderator <[email protected]>

Original sender: Vadim Polestsuk <[email protected]>

A new form of language census for deputies in Estonia


For many years, Estonia was at the centre of attention of
international organisations because of the linguistic census
established for candidates and members of the parliament and local
councils. The abolishment of these restrictions became one of the
conditions of closing of the local OSCE mission. The relevant
provisions in election laws were abolished on 21 November 2001.
However, on 20 November Estonian language was formally stipulated as
the only working language in the parliament. Similar decision
regarding local councils was taken on 4 December. 

Use of language(s) belongs to the most controversial issues in Estonia
while minorities repeatedly allege a discriminatory character of the
existing language regulations. The authorities in their turn always
claim that official policies are aimed to protect Estonian language,
which is the basis of society and national identity.

The linguistic census as such was mentioned in the Law on Language
adopted in 1995. The details were included into the governmental
decree of 16 July 1996, which was later recognised as partly
unconstitutional. In 1997-1999, parliamentarians were worried about
the best way to elaborate the linguistic census in legislation.
However, a special amendment in this regard (adopted on 19 November
1997) was claimed to be unconstitutional (violation of principle of
balance of powers). The Election Commission initiated simultaneously
two cases against local level Russian deputies (because of
"insufficient knowledge of Estonian"). In one case, the mandate was
cancelled.

On 15 December 1999, the parliament adopted a new version of
amendments to the election laws that included full description of
necessary language knowledge for deputies. President Meri promulgated
the amendments despite the urgent level of caution of then OSCE HCNM
Mr. Max van der Stoel. Later Estonian authorities used to refer to the
relevant decision of the Constitution Supervision Board of National
Court: "�in representational democracy and governmental clerical work
the requirement to use Estonian in Estonia meets public interests and
is justified, in view of historically evolved conditions" (Riigi
Teataja I 1998, 14, 230). Nevertheless international experts continued
to criticise the linguistic census as "pre-selection of deputies" (Ole
Espersen).

The disputed provisions were of great importance in local level. Thus,
in the parliament, a single word was not said in Russian during
plenary meetings since 1992. However, in local self-governments
deputies did use Russian at sessions (it was the case in the so-called
"Russian" towns, where Russian-speakers constitute the overwhelming
majority of inhabitants). 

The Estonian Constitution permits use of minority language parallel to
Estonian as an internal working language in self-governments where
non-Estonian speakers make up more than 50 % of the all population
(Art.52). However, according to the Law on Language it is possible
only if the central government supports a special petition of a local
council (Art. 11). Tallinn refused several times to support petitions
of a number of local self-governments. 

Recently, deputies of the Narva Town Council decided to adopt a new
petition in order to use officially Russian parallel to Estonian.
Minister of Population Affairs Ms. Katrin Saks has commented that
there will be no permission before local officials have reached
required level of Estonian language proficiency (daily Molodez Estonii
of 7 December 2001). It is highly probable that no "Russian"
self-governments receive such permission in the near future. It is
worth mentioning that the disputed right received a very narrow
interpretation in the new amendment adopted on 4 December (use of
minority language at local council sessions will be limited to the
right to "interpret the meetings of a local council�  to minority
language").  

The practical ways of implementation of the new provisions in Narva,
Sillam�e, Maardu etc is still not clear. Thus, should a chairperson of
Narva or Maardu council switch off a microphone if somebody starts
speaking Russian?

During the recent discussion in the parliament, deputies asked several
times the authors of the draft: "Is it really so important to abolish
the linguistic census in order to get rid of the OSCE mission?" (see
minutes of the session at www.riigikogu.ee). As a result, the
parliamentarians decided to substituted linguistic census on
individual basis with collective census for the body of deputies of
the parliament or a local council. 

Despite above-mentioned it is very likely that the mandate of the
local OSCE mission will not be prolonged in Vienna this December.


Vadim Poleshchuk
Legal Information Centre for Human Rights  

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