Initial, Second, Third and Fourth Report Submitted by the Republic of Estonia Under Article 9 of the International Convention On
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INITIAL, SECOND, THIRD AND FOURTH REPORT SUBMITTED BY THE REPUBLIC OF ESTONIA UNDER ARTICLE 9 OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION TO THE UNITED NATIONS COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION February 1999 1 PART I Introduction. 1. Pursuant to Article 9 of the Convention on the Elimination of All Forms of Racial Discrimination (hereinafter the Convention), the present report (including initial, second, third and fourth report) by the Republic of Estonia is submitted in accordance with the general guidelines adopted by the UN Committee on the Elimination of All Forms of Racial Discrimination on 9 April 1980, as revised at the 984th meeting on 19 March 1993 (CERD/C/70/Rev.3). 2. The instrument of accession of the said document was deposited by the Republic of Estonia with the UN Secretary General on 21 October 1991. The Convention entered into force in respect of the Republic of Estonia pursuant to article 19 (2) on 20 November 1991. The Convention was published in the State Gazette on 8 March 1995 (RT II 1995, 5-6, 30). 3. The report was prepared by the Ministry of Foreign Affairs in collaboration with other Ministries. 4. Estonia is a parliamentary democracy which, on 20 August 1991, re-established it’s independence on the basis of legal continuity of statehood. This was followed by reinstating diplomatic ties with Estonia. Iceland led the way (August 22), Russia and Hungary followed (August 24). On 6 September 1991, the Soviet Union recognised the independence of Estonia. A virtual avalanche of nations recognising or reinstating diplomatic ties with Estonia followed. 5. The approval of a new democratic Constitution took place by a national referendum on June 28, 1992 and it entered into force on July 3, 1992. 6. The first fully free and democratic national parliamentary and presidential elections after re-gaining independence were held on 20 September 1992. 7. On October 5, 1992, the Riigikogu elected Lennart Meri the first President of the re- independent Republic of Estonia. 8. Estonia is a member of the OSCE from 17 September 1991, and of the Council of Europe from May 14, 1993. 9. Estonia is a candidate member of the European Union. On 13 December 1997, at the Luxembourg Summit the European Council decided to begin EU accession 2 negotiations in April 1998 with six countries, including Estonia. On 31 March 1998 the Intergovernmental Conference in Brussels marked the beginning of Estonia's accession negotiations with the EU. General Information. 10. Estonia is located in North-Eastern Europe between 57046'N and 59049'N latitude and 21046'E and 28013'E longitude. The territory of Estonia is 45 215 km2. 11. The Estonian state was established as the result of the Estonians' struggle for freedom and independence. The Estonians have inhabited the territory of Estonia for over 5000 years but were ruled by foreign powers since the 13th century. The independent Estonian state became a reality only after the 1917 October Revolution in Russia. On 28 November 1917, the Estonian Diet (the Maapäev) declared itself the supreme power in Estonia. In February 1918, the Estonian Salvation Committee was formed, which on February 24, 1918 proclaimed Estonia’s independence in "The Manifesto to All the Peoples of Estonia". This date is considered as the date of establishment of the Republic of Estonia. 12. Shortly after that, however, Estonia was occupied by Germany in the course of the World War I and it was not until November of 1918 after Germany's defeat in World War I and the end of the German occupation that the Government of Estonia could begin to function. In November, 1918, Estonia was attacked by the military forces of the Soviet Russia and the Estonians were forced to fight for their independence in the War of Independence (1918-1920) and the war against the Landeswehr in 1919. After the victory of Estonian forces, the Tartu Peace Treaty was concluded with Soviet Russia on 2 February 1920, whereby Soviet Russia recognised the independence of Estonia "forever". 13. In April 1919, when the war was still being waged, the Constituent Assembly was formed, which adopted the first Estonian Constitution in 1920. This established Estonia's parliamentary system, whereby power was entrusted with the Government composed of the State Elder and ministers, which was responsible to the parliament. The new state recognised all residents of Estonia as its citizens. By referendum in 1933, the Constitution was amended, considerably increasing the powers granted to the State Elder. With these amendments, Estonia was transformed into a presidential republic. However, in 1938, the third Estonian Constitution, with more balanced division of powers, entered into force, and continued in force de jure throughout the Soviet occupation during 1940-1991. In August of 1939, the U.S.S.R and Nazi Germany concluded the so-called Molotov-Ribbentrop Pact, which contained secret protocols dividing Eastern Europe between the Soviet Union's and Germany's spheres of influence, whereby Estonia was included in the Soviet Union's sphere. 3 14. Already in September of 1939, the Soviet Union presented Estonia with an ultimatum: to allow the Soviet Union to place its military forces on Estonian territory and to conclude a Treaty on Military Bases. 15. On June 17, 1940, the U.S.S.R. occupied Estonia. A puppet-government was installed in Estonia, non-democratic parliamentary elections were staged in June of 1940 and this unlawful parliament requested on 6 August 1940 that Estonia be incorporated into the USSR and be named the Estonian Soviet Socialist Republic. 16. Until June 16, 1940, Estonia was an independent nation-state, and a full member of the League of Nations and numerous other international organisations. The occupation and annexation of Estonia by the Soviet Union completely dismantled the state system and society of the Republic of Estonia. 17. The Soviet occupation in Estonia was suspended temporarily in 1941 when Estonia was occupied by German forces. In the autumn of 1944, Estonia was again re- occupied by Soviet forces. The attempts of some Estonian politicians to restore the independence of Estonia upon the departure of German forces in 1944 were unsuccessful. 18. On August 20, 1991, at the beginning of the coup attempt in Moscow, the Supreme Council declared the Republic of Estonia fully independent. This was followed by the rapid recognition of Estonia's independence by many states of the world, including the Soviet Union. State structure. 19. The activities of the Riigikogu (the parliament of Estonia), the Government of the Republic and the courts are organised on the principle of separation and balance of powers (Article 4, The Constitution of the Republic of Estonia - hereinafter "EC"). 20. Legislative power is vested in the Riigikogu (Article 59, EC), which is comprised of 101 members (Article 60, EC). 21. The President of the Republic is the head of state of Estonia (Article 77, EC). The current President is Lennart Meri. 22. Executive power in Estonia is vested in the Government of the Republic (Article 86, EC). 23. The Legal Chancellor (Ombudsman) is an independent official responsible for monitoring that legal acts adopted by the state legislator and the executive and by local governments are in conformity with the Constitution and the laws (Article 139, EC). 4 24. Justice is administered solely by the courts. The courts are independent and administer justice in accordance with the Constitution and the laws (Article 146, EC). Estonia has a three-level court system: county and city courts and administrative courts (courts of first instance); circuit courts (courts of second instance, which review judgements of the courts of first instance by way of appeal proceedings); the Supreme Court (the highest court, which reviews court judgements by way of cassation proceedings and cases involving constitutional disputes.) 25. The creation of specialised courts with specific jurisdiction shall be provided by law. The formation of emergency courts is prohibited (Articles 148 and 149, EC). 26. All persons have the right to the protection of the state and of the law (Article 13, EC). The guarantee of rights and freedoms is the duty of the legislative, executive and judicial powers, as well as of local governments (Article 14, EC). All persons have the right of recourse to the courts if their rights or freedoms are violated. Every person whose case is being tried by a court of law is entitled to demand that the constitutionality of any relevant law, other legal act or procedure be determined (Article 15, EC). (See also Article 6 below) 27. Generally recognised principles and rules of international law are an inseparable part of the Estonian legal system (Article 3, EC). If any law or other legislation is in conflict with an international treaty ratified by the Riigikogu (including international human rights conventions), the provisions of the international treaty shall apply (Article 123, EC). 28. The rights of all persons established in the International Convention on the Elimination of All Forms of Racial Discrimination (hereinafter "Convention") are protected without restriction in Estonia. The provisions of the Convention are directly applicable. Economy. 29. GDP Growth Rate has been the following: 4.3 percent for 1995; 4.0 percent for 1996 and 11.2 percent for 1997. GDP in current prices in 1996 was 52.4 billion kroons and 65 billion kroons in 1997. 30. Finland continues to be Estonia's most important trading partner. For the third consecutive year the share of EU countries both in exports and imports increased, mostly at the expense of the decrease in the share of CIS countries. 31. Industrial sales totalled 32.3 billion EEK, up 26% to the previous year in current prices.