MINELRES: Estonia: Stateless Children and the Chess Federation

[MINELRES moderator]

Original sender: Legal Information Centre for Human Rights
<centre@lichr.ee>  


Stateless Children and the Estonian Chess Federation

Recently the Legal Information Centre for Human Rights (located in
Tallinn, Estonia) received a complaint from the sports club "Diagonaal"
(located in the Estonian town of Kohtla-Jarve) concerning actions of the
Estonian Chess Federation.

On 6 August 2003, the Federation took decision that persons older than
15 years of age can represent Estonia in international chess
competitions only if they are citizens of Estonia, however, persons
younger than 15 can represent Estonia if they have an alien's passport.
As a result many children from the sports club, although very talented,
cannot take part in the international chess competitions.

The sports club "Diagonaal" is also complaining about other actions of
the Estonian Chess Federation. There have been many cases in previous
years when children (stateless) although younger than 15 were not
allowed to take part in the international competitions because the
chairperson of the Estonian Chess Federation refused to arrange their
visas.

The sports club "Didagonaal" turned with the complaint concerning the
decision of the Estonian Chess Federation to the Legal Chancellor and to
the Office of the President of Republic of Estonia. These officials,
however, replied that revision of the decisions of the Federation is not
in their competence. 

The Estonian Chess Federation is a member of FIDE (International Chess
Federation) and it has to act in accordance with its rules. According to
Art. 3 of the General Rules for Participation in FIDE Events it is a
competence of the FIDE President to decide whether an individual can
represent his/her Federation in international competitions in case s/he
is not a citizen of the particular country and not the competence of
national federations. Therefore our centre decided to inform the FIDE
about these actions of the Estonian Chess Federation and sent a letter
to the president of FIDE. No answer has been received yet.

These actions of the Estonian Chess Federation are obvious attempt to
prevent and discriminate stateless children as well as adults to
represent Estonia in the international chess arena. Besides, these
actions constitute a breach of the principle of consideration of "the
best interests of a child" provided in the Convention for the Rights of
the Child and in Estonian legislation. 

In Estonia stateless children under 15 years old make up 11% in their
age group. 43% of all population of Kohtla-Jarve are stateless (2000
national census).


Legal Information Centre for Human Rights
(Tallinn, Estonia)