Minister of Foreign Affairs

Republic of Estonia

4 April, 1994

Dear Mr. van der Stoel,

I would like to sincerely thank you for your very frank, open and constructive letter of 9 March, 1994. Indeed, the implementation of the Law on Aliens is an issue which is very much in the centre of our thinking and planning. This law has aroused interest both at home and abroad and the Government has to consider its positions very carefully inthis debate. I will use this letter to provide answers to your comments and recommendations to the fullest extent possible.

1. The deadline for applications for residence permits is a central issue in the above mentioned debate. While it is objectively unavoidable to extend the deadline for registrations by, as you for example suggest, six month, the Government has to take into account all the potential implications of such an extension, especially its timing.

We cannot allow an impression to take root which would indicate that it is in fact not necessary to register, as the Government is not capable of enforcing its own regulations. Therefore we consider it to be of utmost importance that the registration process become as intense as possible as early as possible. Those persons which have not yet applied for permanent residency status must be made to believe that it is of utmost importance that they register as quickly as possible.

However, as I mentioned above it will be unavoidable to extend the registration period. The Government will take such a decision when the factors which make an early announcement of an extension non-desirable have been taken care of. Therefore, I would assume that this announcement will be made at the last possible moment to allow the registration process to gain momentum.

2. I had the pleasure to read that you have been assured during your last visit that the fears of possible negative consequences for those persons who will be granted temporary residence permits - affecting the right to work, to pensions, to participate in the privatisation process etc. - are groundless.

As you know, paragraph 20 of our Law on Aliens reads: "All aliens who settled in Estonia prior to July 1, 1990 and who continue to sojourn in Estonia on the basis of permanent registration in the former Estonian SSR shall sustain all rights and duties established in existing legal acts of the Republic of Estonia."

At the same time, the Government continues its efforts to better inform the persons concerned

3. Concerning the procedure of applications for residence permits for persons who have settled in Estonia prior to July 1, 1990, I would like to clarify that those persons must submit only a limited number of documents.

The list of documents which are required to be submitted by the applicants for the residence permits are prescribed in the Governmental Decree on Regulations for the Iissue and Extension of Residence Permits and Employment Permits to Aliens.

Referring to your concerns that the application forms should be translated also into the Russian language, I would like to confirm to you that the entire staff of the National Department of Immigration is fluent in both Estonian and Russian and is ready to assist applicants to complete their applications. The Russian translations of the registration form will be available also in every registration department.

At the same time I share your view that joint efforts by the Estonian authorities and representatives of the non-Estonian citizens are needed in this field.

According to "The Law Amending the Law on State Fees," applicants for residence and work permits must pay a fee of 20 EEK for processing the applications for the permits and 30 EEK when the permits are issued (average salary is 1200.- EEK per month).

4. As you are well aware, the Estonian Government has been fairly reluctant to provide a large number of persons with Aliens' Passports, as it is our considered opinion that such documents should only be issued to individuals who are unable to obtain any other travel document. While we are in fact in the process of printing Aliens' Passports and are being assisted in this by the Council of Europe, I believe that it is also in the interest of the world community that the number of persons who are deemed to be stateless not be artificially increased. Therefore the Estonian Government is seeking to promote the acquisition by Estonian residents of such national passports as they can obtain.

We consider it to be extremely important that residents of Estonia who are holders of documents of the former Soviet Union as speedily as possible obtain either Estonian or other countries' travel documents so as to end the period of uncertainty which commenced with the disintegration of the Soviet Union. To this end we promote the acquisition of Estonian citizenship by as many Estonian residents-non-citizens as possible through our comprehensive program of Estonian- language teaching to non-Estonian speakers.

However, in the interim period we are preparing for the issuing of travel documents which would allow the holder to exit and enter Estonia.

Finally, as you saved the best for last, it is mypleasure to do likewise. Language training for non-Estonians is undoubtedly one of the prime tasks ofour Ministry of Culture an Education. It is also apriority among the topics we suggested should be discussed within the framework of the Pact for Stability in Europe.

It is very important to my Government that you, distinguished High Commissioner, also consider thisitem to be a priority issue and that you call on the Governments concerned to coordinate and expandtheir activities in this field.

Therefore I take the liberty to include in thisletter two documents prepared by the Estonian Ministry of Culture and Education with the hopethat through you we can realize some of the projects which need foreign - financial - support.As you can see, all too many of these projects still remain unfunded.

Once again, may I thank you for your very usefuland constructive letter.

Sincerely yours,

(s i g n a t u r e)

Jüri Luik

enc.