Euroopa Nõukogu nõuandekomitee arvamus vähemusrahvuste kaitse raamkonventsiooni täitmise kohta

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Haridus-j a Teadusministeerium Justiitsministeerium Kultuuriministeerium Siseministeerium Sotsiaalministeerium O.3.juuni 20II nr 8.3-Il4ĄOs

Euroopa Nõukogu nõuandekomįtee arvamus raamkonventsiooni täitmise kohta

Euroopa Nõukogu vähemusrahvuste kaitse raamkonventsioon (Framework Convention

on the Protection of Natonal Minorities) (edaspidi raamkonventsioon) jõustus Eesti

Vabariigi suhtes 1. veebruaril 1998. aastal (avaldatud RT tr 1996,40, t54). Vastavalt

raamkonventsiooni artikli 25 lõikele 2 kohustuvad osalisriigid Euroopa Nõukogu

peasekretärile esitama periooditi täiendavat teavet raamkonventsiooni täitmise kohta.

Eesti esitas oma kolmanda aruande 13, aprillil 2010. Euroopa Nõukogu nõuandekomitee

võttis arvamuse Eesti kolmanda aruartde kohta vastu oma 40. kohtumisel 1. aprillil 20II.

Palume teie kommentaare ning vastuseid nõuandekomitee arvamuses sisalduvate teie

ministeeriumi pädevusse kuuluvate küsimuste kohta. Yastust palume 1. juuliks 201'1.

Lähtucles artikli 26 prrnktist C trrleb arvestada, et nõuandekomitee aryamus ja seda

puudutav ei ole avalik enne 1. aprilli 2012.

Eesti esimene ja teine aruanne, Euroopa Nõukogu nõuandekomitee arvamused

raamkonventsiooni täitmise kohta, Eesti kommentaarid Euroopa Nõukogu

nõuandekomitee arvamustele raamkonventsiooni täitmise kohta Eestis ning Euroopa

SAA.B{.J}TT.ID Si serninįsteeriumi sse

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Nõukogu Ministrite Komitee otsused raamkonventsiooni täitmise kohta

kättesaadavad Euroopa Nõukogu j a Välisministeeriumi veebilehekülgedel:

(http : /Ąvlvw. co e. int/t/d & ;

http : l l www'vm.eęl estlkat 4] 5 l 45 0 l .htm|)

Lugupidamisega

Alar Streimann

Kantsler

Lisa: Euroopa Nõukogu nõuandekomitee arvamus

Mirjam Meisalu 63'7'7 423 Mirj anr. Meisaļ u@mfa. ee

@, COUNCIL CONSEIL

OF EUROPE DE L'EUROPE

Strasbourg, 1 April 2011

ADVISORY COMMITTE OI\ TI{E FOR THE PROTECTIOI'.{ OF

Restricted ACFC/OP/il1(201 1)004

FRAMEWORK C OI.TVENTI ON NATIONAI, MINORTTIES

Third Opinion on Estonia adopted on 1 April2011

EXECUTI\ņ SUMMARY

Estonia has maintained a mainly positive attitude towards the Framework Convention monitoring process and continues its de .facto inciusive approach to the personal scope of application, despite the fact that its legal framework still excludes the high number of long-

term residents without citizenship. The Equal Treatment Act entered into force in January

2009, and the competence of the Gender Equality Commissioner was broadened to cover

complaints based on other grounds of discrimination, inciuding ethnicity. A netv Estonian

Integration Strategy has been pr'epared by the govefirment. The overall climate between ethnic

Estonians and non-Estonians in the country has significantly irnproved over the years and

there is a notable increase in tolerance and social cohesion, particularly among its youth.

The Gender Equality and Equal Treatment Commissioner iacks the financial and human

resources to function effectively and there is limited awareness of its competence among

society as well as reievant public services, particuiarly in rural areas. The Integration Strategy

appears focused on promoting the State lanņage capacity of non-Estonian speakers but does

ņot contarn concrete measures aimed at encouraging rnore operuless of Estonians towards

diversity in society. The number of stateless persons still remains at over 100,000 and the rate

of naturalisations per year has been decreasing since 2005. While significant progress has

i been made with regards to the naturalisation of minors, the non-av,a-ilab_i1ity of free Estonian

ACFC/OP/ilr(2011)004

: langaage classes to prepare for the citizenship examination is cited as an important reason for : the decrease in naturaļisations among the adult mirrority community, Minority lanņage print j media appears to be rapidly decreašing and the translation requirement concernūg foielgn i language broadcasts into Estonian remains unchanged.. Arnendments to the Language Act I were adopted in February 20L1 without comprehensive consultation with mrnority i representatives. Internationaļ recommendations for a more balanced approach to tire . promotion of the State lanņage, while guaranteeing the linņistic rights of persons belonging l to national minoritie,, *"." nõt tul."n into account. Tlre Language Inspectoiate still foilows a i strictly reņlatory approach, imposing fines that are sometimes considered disproportionate.

' The threshold for using a minority language in relations with local authorities, remalns ar an

' excessive 5Oo/o and is applied *itt,o,ī flāxibility. Whiie the Estonian Integration Strategy . acknowledges the siņificance of education as a tool for. integration and mentions tlre ; tmportance of cultural diversity in the school curricula, there are few multicultural elements in j the curricula and textbooks; integration activities of schools centre mainly around the , promotion of State language skiils āf non-Estonian-speaking pupils. The transfer to Estonian i as the main language of instruction in secondary schools continues to be implemented despite i the fact that many schools and teachers are not sufficiently prepared for this

"hung". I The National Minorities Cultural Advisory Council under the Ministry of Culture constitutes ; the main consuitation mechanism for persons belonging to nationai minorities. There appears l to be no institutionalised channel for minoriŅ representatives to discuss with reievant govelĪtment entities important issues of concem that are not related to culture. The recently- created Estonian Co-operation Assembly which appoints members of its Round-Table of Nationalities is a vaiuable contribution but not representative of the views and concerns of minonty communities. The unemplolnnent rate among non-Estonians is still disproportionately high compared with that of ethlic Estonians. There are perceptions among non-Estonians that ethnic Estonians are the prefen'ed candidates irrespective of qualification or language ability. The region of lda-Virumaa (Viru County), which is predorninantly populated by non-Estonians, has been particulariy affected by the economic crisis.

Issues requiring immediate action

State ianguage while ensuring the rights of persons belonging to natįonaļ mįnoritics to speak and use thcir languages in public, aTso irr reTatiorrs with ļocaļ ņutlroritics; favour a poTicy of incentįves oYet. purritivc nrctlrocls wi|.h regards to the impTementation of the Language Act, as amended in Februaņ, 2OLI;

instructįon in Russian-Tanguage schools is implemented graduall;, and with due regard to the quality of education offered in Estonian as well as Russįan languagc; cxpand thc availabiliŅ of r.eļcvant tcacĮlet. tr'airtitrg ģ(lurlļeŠ incĮudilrg as rcgards biIinguaT ancl mrrlticultural erlrrcation;

persons belonging to nationaT mįnorities beyond the cuįtural sphere; ensure that mįnorit5, representatives are involved in and have a substantial impact on aĮ* 1ęlg.yan!'p1ocesses of decįsion-making affecting them.

ūĮ.

ACFCTOP/ilr(2o1 1)004

TABLE OF CONTENTS

ĮII.

MAIN FrNDINGS............... ............... 5

Monitoling process .,.........' 5

Generaļ ovenlieų, of tire irrrpTernentation of tire Franrework Convention after two monitoring cycles ............... 5

Personal scope of appiication of the Frarnework Convention ................... 6 Legislative fi.amework arrd irrstitutionaļ structules.......... ........ 6 Cornbating discrimination and racism ................... 6 Naturaiisation process ........6 Support for the preservation of national minority cuļtures ..'...7 Media ...............7 Langlage legislation ..........l Muiticultural education and teaching of and in minoriti,languages .......... 8

Participation in public 1ife............ ........ 8

ARTICLE-BY.ARTICLE FINDINGS ..............9

Article 3 of the Framework Convention ................ 9 Articļe 4 of tlre Framework Convention ............., 11

Articie 5 of the Framework Convention .............. 15 Articie 6 of the Framework Convention .............,I1 Article 7 of the Framework Convention ..............20 Article 8 of the Framework Convention ..............21 Article 9 of tlie Framework Convention ..............22 Article 10 of the Framework Convention ............24 Articie 11 of tlie Frarnework Convention ............27 Aticle 12 of the Framework Convention ............29 Articļe 13 of tlre Framework Convęntion ............32 Artille ]4 of the Framework Convęntion ''.''''''''' 33 Artiole 15 of the Framework Convention ............36 Articles 17 and 18 of tire Framework Convention ................. 40

CONCLUSIONS ...............41

Positive developrnents at the end of the two previous monitoring cycles .................41 Issues of concem at the end of the two monitoring cycies ......................4I Issues for,irrulrediale acįiort.. ......,........43 Otlrer recommendations .....................43

tI.

ACFCTOP/IIr(20i 1)004

AD\TISORY COMMITTEE ON THE FRAMEWORK CONVENTION FoR THE PROTECTION oF NAT'ION.ĄL MINORĪTIES

THIRD OPINION OI\ ESTOI{IA

1. The Advisoņ/ Committee adopted the present opinion on 1 April 20i1 in accordance with Articie 26 (1) of the Framework Convention and Rule 23 of Resolution (97) 10 of the Committee of Ministers. The findings are based on information contained in the third State

Report (hereinafter the State Report), received on 14 April 20i0, and other written sources

and on įrformation obtained by the Advisory Committee from governmental and non- govelĪImentaļ contacts during its visit to Taļlirur and Narva from 14 to 17 September 2010.

2. Section I below contains the Advisory Committee's main findings on key issues pertaining to the impiementation of the Framework Convention in Estonia. These findings reflect the more detailed article-by-article findings contained in Section II, which cover those provisions of the Framework Convention on which the Advisory Committee has substantive issues to raise.

3. Both sections make extensive reference to the follow-up given to the findings of the two previous monitoring cycles of the Framework Convention, contained in the Advisory Committee's first and second Opinions on Estonia, adopted on 14 September 2001 and

24 February 2005 respectively, and in the Committee of Ministers' corresponding Resolutions, adopted on 13 June 2002 and 1 5 February 2006.

4. The concluding remarks, contained in Section III, could sen/e as the basis for the

Committee of Ministers' forthcoming conclusions and recommendations on Estonia.

5. The Advisory Committee looks forward to continuing its dialogue with the authonties

of Estonia as well as with representatives of national minorities and others invoived in the

implementation of the Framework Conrrention. In order to promote an inciusive and

transparent process, the Advisory Committee strongly encourages the authorities to make the present Opinion public upon its receipt. The Advisory Committee would also iike to bring to the attention of stateparties that on 16 April 2009, the Committee of Ministers adopted new rr.rles fbr the publication of' the Aclvisory Committee's Opinion and other monitoring documents, aiming at increasing transparency and at Šhanng the inl.txrtalitrn oti Lįre

monitoring findings and conclusions with all the parties invoived at an early stage (see

Resoiution CM/Res(2009)3 amending Resolution (97) 10 on the monitonng arrangements

under Articles 24-26 of the Framework Convention for the protection of National Minorities).

ACFCTOP/ilr(2011)004

I. MAIN FINDINGS

Monitoring process

6. Estonia continues a mainly constructive approach tov,ards the monitoring process undet. tlre Frarrrework Corrventiotr. Tlre secotld opiniorr of the Adr,isory Comrrrittee \Ą{aS

publislred slrortly af1er, its adoption togetlrer u,itlr tlre go\/eillfiļent'S comments in .Īul1, 2005. The second Committee of Minister's resolution was adopted in Februar\, 2006. A second follow-up seminar u,as jointl), organised b), the fonnel Estonian Ministry for Popuiation and Etlinic Affairs and the Secretariat of tire Frarreu,ork Convention on the Protection of National Minodties in October 2006, wirich ga\/e a welcome oppoffunity to approximately 70 representatives of different autirorities and minority organisations to further discuss tire outstanding issues regarding tire irnpiementation of the Framework Convention. Discussions were marked by an open and constructive dialogue between minorit5, representatives and the Estonian authorities.

L The Advisory Committee welcomes the fact that its second Opinion was transiated into the Estonian langtage and published on the website of the Estonian Foreign Ministry. In order to facjļitate the widest possible distribution of its third opinion on tlre implementation of the Framework Convention by the Estonian authonties, including among rninority communities themselves, the Advisory Committee encourages the Estonian authorities, once again to translate tlre third opinion into the Estonian language as u,elļ as into Russian.

8. The Advisory Committee is pleased to note that representatives of some national minorities were again involr,ed in the preparation of tire third State Report. Civil society contributions were invited during the drafting process and organisations were also given the opportunit5, to comment on the final draft report. The fact that the State Report makes reference to a number of their comnteltts, including criticaļ ones, undoubtedly contributed to its high quality. In addition, the contributions of tire minoritS, organisations were also shared with the Secretariat of the Framework Convention.

9. The Estonian authorities generali), co-operated very constructively witir the Advisory Committee during its monitoring visit. Nevertheless, the Advisory Corrmittee is concemed and disappointed b), the absence of openness

"r,ith regard to the nern, Lanppage Act as

ņrrclrclcd įt Fcbruary 2011 (hcrcinaftcr rcfct:t.cd to as tirc tlcr,r, Lntrgunge Act). Tn spite of specilic questions, the responsible ministries did not provide an)/ intbrmation on the revision of tlie leģslation whiclr was being finalised at the time of the visit in Septernber 2070. Neither \Ą/aS the Advisory Committee informed about tlre discussions of the amendments in Parliarnent in early 2017, despite having inquired about relevant developments between its visit and the adoptiorr of the opinion in March 201'ļ.]

ccuclr.nl ovurt,iuŲr. uf įlrc irrr1rltlrnurrįuįiort of tlrcr Frflutņ\t,ot.ll Corrl.cnfion aftet. fil,rr monitoring cyclcs

10. Overall, tire clirrate between ethnic Estonians and non-Estonians in the country appears to have improved over tire years and there is a notable increase in toierance and social cohesion, particularly among its youtir. The nurnbel of persons able to speak the State Ianņage lras increased si gnificantly.

ļ The additionaļ member to tļre Advisory Committęe appointed on behaTf of Estonia was not avaiiable to participate in the pĮenary discussion of this thrrd opinion on Estonia.

ACFC/OP/ilr(201 1)004

Personal scope of application of the Framework Convention

11' Estonia continues lts de,fācto inc|usive approach to the Framework Convention,s scope of application, despite the fact that its legal framework, as a result of the deciaration issued by Ę,stonia at the time of ratification of the Convention, fonnally still excludes the higir number of long-term residents without citizenship. Apart from the right to stand in eiections or vote in parliamentary elections, non-citizens belonņng to national minonties effectively enjoy equal access to rights protected under the Framework Convention. Nonetheless, the

Advisory Comrrittee encourages tlre Estonian authorities to reconsider this formal excļusion of significant numbers of residents which retains a strong symboiic importance among minority communities in Estonia.

LegisĮative framework and institutionaļ structures

12, The rnain legislative framework pertaining to national minorities remains unchanged

with the National Minority Cultural Autonomy Act still in force, affecttng two numerically- small national minorities (nameiy, the ingrian-Finnish and the Swedish). An inter-ministerial working group has been established to revise the above-mentioned act and eliminate practical obstacles to the functioning of cuitural autonomies, however, without considering a possible broadening of the act's restrictive scope of application.

Combatįng diserimination and racįsm

13. Estonia's Equal Treatment Act was adopted in December 2008 and entered into force on 1 January 2009, transposing European Union Council Directives 20001431F,C and

2000ll8l\C. It provides protection from discrimination on the grounds of nationaltty, race, colour, religion or other beliefs, age, disability and sexual onentation, but not citizenship. The act explicitly excludes official iinguistic requirements for pubiic officials as possibie grounds

for discrimination. The competencies of the Gender Equality Commissioner were broadened also to cover complaints of discrimįnation based on other grounds. However, this institution has not received any increase in resources and is, with two staff members, seriously under- resourced. The broadening of the Commissioner's tasks to also encompass discrimination based on ethnicity appears to be virtually unknown.

14. A new Estonian Integration Skategy (2008 - 2013) has been prepared by the

govenlment and is overall based on the understanding that integration is a two-way process

affccting socioty as a whol<;. It, howcvcr, still ccntres around the Estonian langgage fs tile māin šrnbol õf common ltāįohõod ānd įhūš focušēš ön the pįõmotiõn of thė Stātė l.arlgĮļagė

skills of persons belonging to national minorities. Recent integration monitoring results indicate, however, that langaage barriers are less important obstacles to integration than the

fact that Estonians and non-Estonians inhabit different social spaces and consume different media. Targeted efforts are required to promote joint activities and inter-ethnic dialogue, including in the workplace.

Naturalįsation process

15. Estonia has made considerable progress in reducing the number of stateless persons residing perrnanently on its territory. Despite these efforts, the number still remains at over iOO,OOO and the rate of naturaiisations per year has been declining since 2005. While the

authonties have made commendable efforts to facilitate the naturaiisation of minors under the

age of 15, children born to stateless persons residing permanently in Estonia do not acquire Estonian citizenship automatically. An application on their behalf needs to be iaunched by their parents. Abolishing this requirement and introducing free-of-charge language classes to

ACFCIOPIilT(2011)004

prepare for the citizensirip examination could significantly contribute to a furtirel reduction of the number of stateiess persons in Estonia.

Support for the preservation of national minoritl' cultures

16. Support fol cultural initiatii,es of national minorities remains predorninantll' project-

based. as on15, tire tų,o nurnericall1,smal1 rrrirrorities wlro have estabiislied a culturaļ autononr5,

obtain baseiine furrdirrg. Aņ approacir focussirrg on urnbrelļa organisations lras been

introduced fol the allocation of funds to reduce bureaucracy, but this has reportedllz not made

cuituraļ support more accessible and does not alloų, the umbreļļa associations to cove1.

suitably tlre diversit}/ that exists u,ithirr,tlre different minorities. Multi.cuļturaļ projects appeal

to receive considerable funds. also via the integration Foundation.

Media

ļ7, The Estonian authorities lrave made considerable efforts to increase the proportion of radio and TV prograrnmes intended for. Russiarr-speakers as ų,eli as speakers of otlrer

languages. Raadįo 4,mainly aimed at persons beionging to natiorrai minorities, is listened to nationwide and enjoys trust among Estonians and non-Estonians alike. HowerreL, current programming is still considered largely insufficient, partrcularly as regards local Russian- Tangaage news. Minority ianguage print media appears to be rapidly decreasing. Tire translation requirement conceming .foreiņ language, bloadcasts into Estonian remain

unchanged in the new Lanņage Act.

18. Media in Estonia appears shaņly divided and the feu,biiingual options offer a

different set of neu,s and perceptions in the Estonian and Russian languages. There is continued stereotņing of persons belonging to rrational minorities in some media which has a

strong negative impact on the sense of cohesion in society.

Language legislation

19. Amendments to the Langaage Act were adopted in February 2011. without comprehensirre consultations with minority representatirzes and without attention to

intemational recommendations for a rnore balanced approach. The plotection and promotion clf the State language remain the overriding priorities anc1 tlre nęų, I,arrguage Act retains the

pųIļļl,įVę, 4pplŲrŲTļ fuurd il uarlięt legisiatiurr' The l,arrņrage Ītrspectorato rogularly itrspccts institutions that are suspected of insufficient State Ļangrage skills among its stafl, such as

Russian-ianguage schools and kindergartens, and imposes fines that are frequently considered disproportionate. There is a need for a more incentive-based method to motivate persons

belonging to national minorities to learn the State language. The right contained in Article 10

of the Framework Convention to speak ones language in private and in pubiic, orally and in writing, must be strictly respected. The threshoid for using a minority ianguage in relations witļr ļocaļ authorities must į.le lowered 1iorn 5()% and morę flexibly applied'

20. The Russian language appears absent from public spaces in lda-Virumaa (Viru County) despite a population of 90o/o Russian-speakers. As the State language is increasingly used as the common language of communication, particularly among youth, the current severe approach to all ianguage matters exhibited by the Estonian authorities is no longer necessary.

Minority representatives must be closely consulted on all issues related to ianguage use in order to identify appropriate means to promote the State language without curtailing the

development and use of minority languages.

ACFC/OP/ilr(201 i )004

Multicultural education and teaching of and in minoritS,languages

21. The Estonian Integration Strategy acknowledges the significance of education as a tool for integration and mentions the necessity of ernphasising cultural diversity in school curricula. Irr practice, ho\Ā,ever, there are reportedly feu, multicultural elements in curricula and textbooks, while integration activities within schools focus mainly on the promotion of the State lanņage skills of children belonging to nationaļ minorities' There is an increased interest among Estonian children to ļearn the Russian lanņage which should be encouraged with the creation of biiinguai classes and schools. Such measures can, in addition. provide vast opporfunities for more inter-ethnic friendships and dialogue as aimed for by the Integration Strateg5r.

22. The transfer to Estonian as tire main lanņage of instruction in secondary schooļs continues to be implemented despite the fact that many schools and teachers are still not sufficiently prepared for this change. The impact of the transfer on the quality of education in Russian-language schools must be considered more seriously and implementation haļted where necessary. The numbers of students in Russian-ianguage schools appęar to be decreasing, as do those in Estonian-language schools located in areas where Russian is predominantly spoken. Reducing the minimum number of students per ciass or introducing bilingual classes may support the continued functioning of these schools and ensure that famiiies do not feel obliged to move away in order to find suitable education for their children.

Participation in public life

23. The newly established Estonian Co-operation Assembly, with its Round-Tabie of Nationaiities, does not constitute an effective consultation mechanism for minorities because of its lack of representatit eness. After the abolishment of the Ministry of Population and Ethnic Affairs, the National Minorities Cultural Advisory Council within the Ministry of Culture now constitutes the main consultation mechanism for persons belonging to national minorities, as there appear to be no institutionalised channels for minority representatives to discuss important issues of concern that are not related to culfure with the various reievant govefitment entities.

24. The unemployment ratę among non-Estonians is stiil disproportionately high compared with that of etluric Estonians; on the other hand, the wage gap betwccn thc two $oupn Šoems tcr Įrę decreasirig. Lirrgcrirrg pcrccptttrns that l]stonians frę tTro prot,errod candidates for jobs, irrespective of qualification or lanņage ability, must be combated vigorously to ensure that persons belonging to national minorities feel motivated to enter and remain in the Estonian labour rnarket. The ongoing economic recovery should be used as an opportunity for targeted development initiatives in the particularly disadvantaged region of Ida-Virumaa flriru County), where a majority of persons belonging to national minorities reside.

ACFC/OP/III(201 1)OO4

II. ARTICLE-BY-ARTICLE FINDINGS

Article 3 of the Framework Convention

Personaļ scope of application of.the Frameworl< Conr,ention

Recontlneltdatįolls o.f the /l,o preyįous monįtorįltg qlcT,es

25. Iri tire prer,ious cycles of rrronitoring, tlre Adr,isoņ, Comrnittee welcomed the de 'facto inclusive approacli taken by the Estonian authorities u,ith regards to the personal scope of application of tlre Franreų,orļi Cotlvetrtion. At tlre same time, it encouraged thern to codify sucir inciusiveness tirrough adjustrrrents in the reļer,ant legal framework which, as a result of the declaration issued by Estonia at the time of ratification of the Framework Convention, fonnall1, stilļ excludes the high nurrrber of long-tenn residents witlrout citizenslrip.

Prcsclll Sįtuatįot1

26, The Estonian authorities have maintained theīr deJācro inclusir,e approach as regards the personal scope of application of the Frarnework Convention, despite the fact that the above-mentioned deciaration excludes non-citizens from its appiication.2 In practice, however, non-citizens enjoy virtually equal access to rights protected under the Frarnework Convention, apari from the right to stand in elections or vote in parliamentary elections..While

the Advisory Committee welcornes this pragmatic approach, it notes that the source of inspiration for the restrictive declaration was the National Minorit5, Cultural Autonomy Act of 1993 which ļras been corrsidered impractical and ineffective for a number of years. According to governmental and non-govemmental interlocutors of the Advisory Committee, it is in addition no longer applicable to the demographic situation of Estonia today (see further comments on Article 5 belou,).'

27. Furthermore, the Adr,isoņ, Conrnrittee u,ishes to underlirre in this context tirat the inclusion of a citrzenship requirement in the declaration contained in the instrument of ratification may cause arbttrary and unjustified distinctions and can thus have discriminatory effects. Given the still very large number of long-term residents of Estonia who are affected b), this restnction, thc Adrrisory Cornmittcc would iikc to rcitcratc its call on the Estonian autlrorities to leconsicler įhis formal exclusit-ln of non-citizens bcl<-rnging Lcl natiorralrnittorities in Estonia from the personal scope of application of the Framework Convention, which retains a strong s).nnboiic importance aniong rninority communities. This would be consistent

' See Declaration contained in the instrument of ratification, deposited on 6 January 199-l :

..The Republic of Estonia understands the term ''nationaļ minorities',, which is not defined in the Framework Convention for the Protection of National Minorities, as folļows: are considered as ''natioņa1 nrinority'' those citizens of EsTonia '*,ho reside oņ the territory of Estonia; maintain longstanding, firm and lastirrg ties u,ith Estonia; are distinct from Estonians ou the basis of their ethnic, cuitural, religious or iinguistic characteristics; are motivatęd by a concern to preserve together thęir cultural traditions, therr.reiigion or tireir language, whic1r constifute the basis of their cotnaloĪ] identity,,' irttp://conveņtions.coe.int/Treat},/Cornmun1listeDecļarations.asp?Po:EST&NT:&MA:6&C\/:] &NA:&CN: 999&VL: 1 &CM:5 &CL:ENG, 3 Estonia,s population of 1,34 million is made upb5, 69%o of ethnic Estonians, 26% Russians,2o/olJ7<rainians, ļolo each of Belorussians and Finns, as weli as smaller groups such as the Tatars, Latvians, Poles, Jews and Lithuanians. oniy 50% of persons belorrging to national minorities in Estonia are citizens. Sęe lrttp://u,M,u,.kogu.ee/pub1ic/Īnteqration:at:a:glance:20 1 0,pdf.

ACFC/OP/ĮI(2O1 1)004

with current efforts at European level to develop a more nuanced approach to the application of the citizenship criterion concenring the protection of nationaļ minorities.o

Recommendatįon

28. The Advisory Committee encourages the authorities to furtirer pursue an open and inclusive approach to the Framework Convention's personal scope of application and to consider also extending formaily the definition of the term national minority to long-term residents v,ithout Estonian citizenship.

ata collection

Recomntendatiolls qf the hllo prevįįlus monįtorįng cycTes

29. In the previous cycles of monitoring, the Advisory Committee encouraged the authorities to pay careful attention to data protection standards and the principles related to fiee self-identification contained in Article 3, and to seek to identify furtirer ways of obtaining reliable and disaggregated data on persons beioning to national minorities.

Present sįtuatįon

30. The Advisory Committee notes the acknowiedgernent of the Estonian authorįties that updated figures reiated to nationai minorities remain insufficient in a variety of fieids, as current data protection legisiation still oniy allows for iimited coĮļection and processing of data on ethnic origin.s The Advisory Committee agrees that the census in 2011 will be a

suitable opporh.rnity to obtain more reiiable, comprehensive, and disaggregated data on persons belonging to national minorities in order to assess better the implementation of various articles of the Framework Convention and to devise appropriate measures and prograrnmes directed at promoting effective equality of persons belonging to national minorities (see aĮso corrrments on Article 4 below). The Advisory Committee is pleased to note that the personal questionnaire used during the pilot census in early 2010 contains a question on ethnic oriņn u,here two ethnicities from an open list may be noted.6 However, it wishes to point out that careful attention must be paid in this context to the right to free self- identification of persons belonging to national minorities as provided by Article 3 of the Framework Convention. Questions on ethnic origin must be non-mandatory and possibilities fr:r thę indication of a mrrltiplc cthnic and linņristic idcntity incirrdcd,?

31. As l.t-rr |he plarrrring, preparation and impiementation of the oertsus, ūle aullrorilies should enter into a constructive dialogue with minority representatives to ensure that persons belonging to national minorities are actively involved in the process. in this regard, questionnaires must be made available in the languages of national minorities, and, in areas traditionally inhabited by persons belonging to national minorities, enumerators should be recruited amongst persons belonging to the minorities concerned. At the same time, the

. See also Venicę Commission, Report on Non-citizęns and minority rights, CDL-AD(2007)001, 18 January 2007,pointing out that citizenship should not be regarded as an element of the defurition of the term .minoriŅ,

but may appropriately be regarded by States as condition necessary to contain cerįaįn minority rights. 'See State Reportpage 6. o See hffp :/iwv.w.stat.eel3 9 1 06.

' See Conference of European Statisticians Recommendations for the 2010 Censuses of Population and Housrng, prepared in co-operation with the Statistical Office of the European Communities (EIJROSTAT) and the United Natioņs Economic Commission for Europe, paragraph 426: ,,respondents shouļd be free to indicatę more than one ethnic affiliation or a combination of ethnic affrliations if they wish so", paragraph 43I: "Questions will generaliy refer to one language only. Multiple languages may be required for thę mother tongue and main languages of minority groups".

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Advisory Committee deems important to reiterate tirat the census should not be regarded as the sole n]eans of obtainingdata on etturicity but slrould be suppietnented ų,ith sociologrcal sun/eys and other studies on minorities (see aiso cornments on Article 4 below).

Rcconlnlen'datįolts

32, The Adr,isory Conrrnittee encoufages tļre autlrorities to use tļre 201i population census to obtain r:eliable and disaggregated data on persons belonging to national minorities. The riglrt to free selįiderrtification of persons belorrgirrg to nationaļ rnirrorities must be strictly respected, as u,ell as the open and voluntaiy nature of an5, question relating to such affiliation. Persons belorigirrg to natiorraļ minorities slrould be pror,ided ų,itlr a possibility of expresqirrg a

rrrultiple iderrtity in the census questionnaire and enumerators slrouļd be recruited anrongst persons with a minonty background

33. The Advisory Cornmittee encourages the authorities to engage in a dialogue with the representatives of national minorities regarding the preparation and implementation of the census to ensure their active inr,oļvement and support of the process which u,ilļ be necessary to obtain fuli and reliable data.

ArticTe 4 of the Framework Convention

LegisTative developments in the field of discrimination

Recomnteltdatįons of tlle hllo prellįot'ts monįtorįng cycTes

34. In the previous cycles of rnonitoring, the Advisor), Cornmittee calied on the authorities to adopt new anti-discrimination legislation and ensure that adequate legal safeguards and procedures were in pTace also in lespect of discnmination on the basis of citizenship.

Present sįtuatįoll

35. The Advisory Committee welcomes the adoption of tire Equai Treatment Act in December of 2008 and its subsequent entry into force on 1 January 2009.It notes that the act transposes European Union Council Directives 2000143|F.C and 20001781E.C and, consequently, provides protection from discrimination on tire grounds of nationality, race, colcrur, religiori ol oįļrer [-,elielŠ, agc, disabiliLy arrü scxuaļ uriclrįal"iurr, but ltot citizerrslrip. Tlie act explicitiy gxgļų6.s official liriņistic requirements for public officials as possible groutrds for discnrnination. The Advisory Committee notes that the act provides for tire creation of a Gender'Equaiity and Equal Treatment Commissionel and that the authorities have decided to widen the competence of the previously existing Gender Equaiity Commissioner, a

specialised body introduced b), the Law on Gender Equality in 2004, to advise and provide assistance to persons pursuing cornplaints of discrimination based on other grounds.

36. The Advisory Committee notes with concern that the Office of the Gender Equality Comrnissioner has not received any increase in human or financial resoTTrces after the broadening of its tasks and is, u,ith two staff mernbers, dramatically under-resourced. Wiriļe there is little case-laų,related to discrirnination in general, and awareness of the responsibility and competence of the Gender Equality Commissioner may overall have been limited in society, the broadening of her tasks to encompass discrimination based on etlnicity appears to be virtually unļ<nown. Tire Cornmissionel received only eleven complaints related to ethnicity (out of 160) in 2009, of which two resulted in opinions being drafted, despite the fact that information brought to the attention of the Advisory Committee refers to numerous allegations of discrimination based on etturicity,particulariy as regalds access to employneut (see commerrts on Articie 15 beloų,). Moreover, minority representatir,es deplore the fact that

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the Commissioner is limited to responding to complaints or drafting general reports but

cannot be pro-active, for instance by instigating proceedings on her own or monitoring regularly the implementation of the act.

37. The Advisory Committee further notes that, in line with amendments to the

Chancellor of Justice Act in 2003, it is the Office of the Chancelior of Justice that has heid the

responsibiiity of prornoting the principle of equal treatment in Estonia sinoe 2004. In this

capacity, he can act as Ombudsman and rnitiate proceedings against any legal entity govemed

by public law, or, as regards private legal entities, he may act as mediator between the victim and the alleged peņetrator of discrimination. However. despite the fact that during a survey in 2001 42% of respondents said that they had expenenced unequal treatment during tire past

three years,' the services of the Chancellol of Justice have been invoked only sparingly. This suggests a worrying lack of awareness about the available legai remedies against

discrimination among the public at large, including those r.ulnerable to potential

discrimination such as persons belonging to national minorities.

38. In vieu,of the above, the Advisory Committee is pleased to note that the Ministry of Culture, the Ministry of Social Affairs and the Gender Equality and Equal Treatment Commissioner are plarrrring to engage in information campaiņs regarding the EquaĮ

Treatment Act as weil as other possibilities to seek protection from discrimination. It wishes

to underline in this context that the campaiņs must be accompanied by comprehensive

initiatives to train judges, prosecutors and other law enforcement personnel to ensure that they

are suitabiy equipped to deal with compiaints of discrimination. in addition, it is important to

ensure tirat information on the Equal Treatment Act and the new functions of the Gender

Equality and Equai Treatment Commissioner are publicised in awareness-raising campaigns

aimed at society in general and targeting, in particuiar, those groups which are most exposed

to discrimination.

Recommendatįons

39. The Advisory Committee urges the authorities to provide adequate human and

financial resources to the Offrce of the Gender Equality and Equal Treatment Commissioner to enable it to function independently and to provide effectiveiy advise and support to victims of discrimination throughout the country. It also encourages them to consider broadening the

powers of the Commissioner so that she can act more effectively against discrimination, including by taking a more pro-active role.

40. The Advisory Committee calls on the authorities to moįitor regularly compliance with and implementation of the Equal Treatment Act and gather reliable data on cornplaints

brouft under the Equal Treatrnent Act so as to measure the impact that this act has on the

fight against discrimination based on ethnic origin in Estonia.

4Į. Systematic information and training campaigns on the mandate and activities of the

Gender Equality and Equal Treatment Commissit-lner aS well as tļre Clrancelļor of Justice

must be conducted among society as well as relevant public services, in particular iaw enforcement, to increase awareness of the legal remedies avulable for protection against

discrimination. These must include outreach activities in areas populated in particular by ootential victims of discrimination.

8 Seę Chalrce to Srtnlįve'' MinoriŅ Rights in Estonįa and Latvįa, Legal Information Centre for Human Rights, Edited by

Vadim Poļeshchuk, 2009, page 5l-52, referring to a Pan-Estonian Survey commissioned jn 200.7 by the Ministry of Sociaļ

Affairs, http://wųlr,.lichr. eeimainlassets/L-3-en g.pdf .

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Naturalisation process

Recomnlendatįolls qf the t'v,o prevįot,ts tltortįtorįng cycTes

42, In tire prel,ious rnonitorirrg cycles, the Adr,isory Corrrrnittee calļed for additiorral illeasures to make naturaiisation lnore accessible, including b), introducing fiee-of-oharge Estonian lanņage trairring opportunities and b), exernpting Some 91oups of appTicants, such as the elderly. from the language requirements undel the Citizenship Act.

PreselŪ Sįruatįon

43, Tlie Adl,isory Committee weļ,comes cotrtinued efforts b1,tlre Estonian authorities to reduce the nurnbel of persons without citizenship residing in Estonia on a peffnanent basis. Despite these efforts, however, the number stil1 remains at over 100,000e and the Advisory Comrrrittee notes u,ith concelĪ} tlrat the rate of rraturalisations pel year lras been declining since 2005, with only 1,670 persons acquinng Estonian citizenship througli naturalisation in 2009. Whiie acknowledging the statement of tire authorities that stateless persons have mostly the same rights as citizens, except the right to stand in any election or vote in parliarnentary elections, the Adrlisory Committee wishes to point out that tlrese latter nlts are essentiaļ elements of being a membel of the poiitical community and participating actively in relevant decision-making. in addition, citizenship constitutes a strong sl.rnbolic component of integration that proi,ides a sense of belonging and being appreciated as a mernber of society.

44. The Advisorl, go*t ittee acknowledges tire fact that the acquisition of Estonian citizenship may have become less attractive in tire last years since stateless persons with the so-calļed .gre1, passports. mar, traveļ r,isa-free to the European Union as weil as to the Russian Federation and, in addition, do not have to serve in the military. Yet, it notes that minority representatives cite tire non-affordabiiity of language training opportunities coupled u,ith lack of confidence in their existing State language proficiency as the main reason for not applying for citizenship. In accordance with $8 of the Estonian Citizenship Act,r0 the fees for Estonian ianguage classes are reimbursed once tlie appiicant iras successfuliy passed tire Estonian language examination and the examination on the knowiedge of tire Constitution of the Republic of Estonia. However, for many potential applicants, the fees for a suitable iarrguage class are too lrigh to pa1,, er,en when considering the possibiiit5, 91ķ"i,,g reirnbursed aftetwards. Thę availabiiity of stlmę free-tlį.-olrarge language O()uIseS in lrįa-Virumaa (.V,in: (Jtlunty) as ręferrerJ to in the State Reņort was rtn]anown to minority representatives ų,ho spoke to tire Advisorl, Committee, but the idea met with great enthusiasm. In this context, the Adrrisory Committee strongly cornmends the recent initiative of providing free-of-charge Ianguage ciasses in prisons and offering detainees the opportunity to pass the citizenship exam as part of the vocationai plogralĪ}me in prisons.

45 ' The Estonian authorities have made particular efforts to facilitatę thę rraturflisation of minors under the age of 15 and the Advisory Corrmittee notes that the majority of rraturalisations irr the last years were, indeed, tlrose of minors.ļļ This has been achier,ed by exempting rninors under 15 fiom the citizenship exarnination requirements, if they pass equivalent language tests in sclrool, as well as by infonning parents ų,ho are permanent

e The cument numbe:' of persons 'with undefined status' given b1, representatives of the Ministry of Interior during the Advisory Committee country visit was 102,000. ļ0 See Citizenship Act (consolidated text June 2006) at http:/iu.ų,u,.legaĮtext.ee/ęt/arrdrrrebaas/tekst,asp?1oc:tęxt&dolt:X40001I(6&keel:en&pq:1&pt}Tņ:RT&tl.vp: X&queņv:kodakorrdsuse+seadusn. '' Īn 2009,some l,000 of 1,670 rraturalisations weĪe those of minors under 1 5.

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residents of Estonia of the possibility to register without any precondition their neu,-born child within the first year since birth as a cjtļzen.

46. Despite the above efforts, the Advisory Committee notes with some concern tirat there is.stilļ a considerable numbel of stateless children in Estonial2 and regrets that the proposal by the Chancellor of Justice to grant citizenship automaticaily to all children born to stateless ,

parents in Estonia. unļess the parents object, did not receive any Support' According to

information obtained from various interlocutors, many parents still miss the opporfunity to

appiy for citizerrslrip for tlreir chiļd u,i,thin the first year and considel tlre information campaigns tirat are carried out in this regard as unhelpful. The Advisory Comrnittee was informed that parents who do not registel their child are visited by the poTice to inform them of their rifts. It doubts the appropriateness of this method, particularly given the reportedly limited trust that the poiice enjoys among minority cornmunities in general.ļ3

Recommeltdatįons

47. The Advisory Committee calls on the authorities to increase their efforts to reduce the number of stateless long-term residents in Estonia. In particular, the Advisory Committee strongly encourages the authorities to consider seriously the introduction of free-of-charge language classes that will be heipfui not only for passing the citizenship examination but also in general to promote the integration of persons belonging to national minorities into society.

48. Moreover, the Advisory Committee encourages the authorities to consider granting citizenship to new-born children of stateless persons automatically, unless the parents object. Such an approach would not on1y have a strong symbolic significance but would also SpaĪę a

considerable number of long-term resident famiiies from having to go througir a formal citizenship application process, which is considered by some to be a psychological barier.

Socįal marginaTisation and its effects

Recommendatįons of the two previot,ts monitoring cycĮes

49. in the previous monitoring cycles, the Advisory Committee encouraged the authorities to desiņ and implement speciai programmes to tackle sociai marginalisation and its effects that are felt particulariy amongst national minorities. The authorities were asked to pay particular attention to the alarmingly high rate of HIViAIDS amongst persons helonging to

national minc'rities as well as the dispropcuticrnately higir uutrher arnongst them in prisons,

Present situatįon

50. The Advisory Committee welcomes the concerted efforts made by the Estonian authorities in the prevention and treatment of HIV/AIDS that have benefitted large numbers of persons belonging to national minorities, and have ied to the containment of the epidemic in thc country.

5 i. The Advisory Committee, however, remains concerned by the persistent social marģnalisation of persons belonging to national minorities, particularly as regards access to

employrnent (see comments on Article 15 below). In this regard, it is essentļa| that further efforts are made to gather reliable and disaggregated data on the situation and number of persons belonging to national minorities and their access to employrnent, housing, and social

12 According to the statement of the Ministry of Interior. officiaļs during the Advisory Committee visit, approximately 600

stateless children are born everv vear. į3^'- See, for instance, integration Monitoring 2008, Brief Summatl,see also http:r7f'r'a.eur-opa.eu/fraWebsitelattachrnentsiEU*MIDIS_DiF-5-multiple-discrirnination:EN.pdf.

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Sen/ices. This data is needed to ensure that appropriate speciaļ nreasures can be designed and irnplernented to promote more effectively their fuIl equality, including with regards to the multiple disadvantages experienced by women belonging to national rninorities (see

comments on data collectiorr irr Article 3 abor,e). The Advisory Committęe welcornes in this context initiatirles b), the Ministr1, of Sociaļ Affairs to pror,ide a platfonn for. more joirrt

actiruities of rnajority arrd minority metnbers, particular:ļ1l ķ 11,. employment field,

52' hr addjtion. the Adl,isor)/ ConĪnittee notes rņ,ith concenr tlrat tlre number of persons belonging to national rninorities in prisons is reportedly still disproportionately high. Fewer prisoners belonģrrg to national minorities tlran etturic Estonians are granted pr.obation according to infonnation at the disposal of the Advisory Committee.'o

Recomnrcndatįon

53. The Advisory Committee calls on tire authorities to increase their efforts to reduce the social marginalisation experienced by persons belongrng to national minonties in a wide range of areas, including the justice system. Targeted measures are needed in terms of increased opportunities fol rrocational education for persons belonging to national minonties, as well as relevant training for private and public ernpioyers to promote full equaLity in access to emplo1,rnent. Particular attention should also be paid to the multiple discrirnination experienced by women beloning to national minorities.

Article 5 of the Framework Convention

Support for national minoritS, cultures

Recontntelldatįolts qf the two prellįot,ts ntollįtorįtlg c.ltcĮes

54. iri the prerzious cycles of monitoring, the Advisory Committee urged the authodties to pa5, increased attention to the support of minority cultures, including in corurection with the irnplementation of tire state irrtegration plogralĪuĪ]e, and stressed tlie importance of tlre pafticipation of national minorities in the allocation of such support. In addition, the Advisory Committee recornmended avoiding the use of terminology that can be perceived as implying that rrationaļ mirrorities and their iarrguages are not arr integral part of Estonian society.

Present sįtuatįotl

55. The Advisoly Comrnittee is pleased to note that two national minorities (the ingrian- Finnish and the Swedish) receive some baseline funding in line with tire National Culturaļ Autonomy Act (see belou,). Apart from that, it notes that the distribution of supporl for cultural initiatives remains predominantly project-based which makes it difficult, especia111,

for numerically-srnaller minorities, to rnaintain theil cultural centres and cover constant adrninistrative costs such as rent. In addition, the Advisory Cornmittee notes the introduction of an 'umbrella-based approach' wirich was meant to reduce bureaucracy, speed up the processing of applications, and provide some core fuüding. A number of rninority representatives, hou,ever, feel that tlre ne\ry apploach lras not helped to make cuļtural support more easily accessible and, moreo\/er, ma1z ņo1 allou, cultural associations to convey tire diversity that exists u,ithin a particular minority.

56. The Advisory Committee further notes the evaluation of activities of umbrelia orgarrisatiotts introduccd irr 2008 bųt was uttabļc įo obtairļ ĪĪlorc itrfotlrration ņs to vr'.lrut

criteria tlris evaļuatton was based on, ,t.he Evaļuatton Uommittee is comprised of

,o Al1 fiņrres are taken from tlre Estcrrrian Prison System anc] Probation Srrpervision Yęarhook, 2007.

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representatives of relevant governmental entities, as welļ as the Network of Estonian Non- Profit Organisations but, regrettably, does not include representatives of national minonties. In addition, the Advisory Committee was informed that applicants do not receive an

explanation for their project being rejected and that minority representatives generally feel that they have no sa1, in the distribution of availabļe funds for cultural irritiatives.

51. The AdvisorSr Qo*rrittee weicomes the roie of the Integration Foundation in the

distribution of support for cultural activities and notes that considerabļe funds have been made avaiiabļe. At the same time, it cautions that the increased support for multi.cultural proiects and initiatives that celebrate Estonia as a home of many nations should not come at the

expense of al,locations for the cuļtural actir,ities of individual groups that are tneant to honour theil distinct identity, language, and culture

58. The Advisory Committee commends the fact that the Russian theatre has been

showing performances with Estonian subtities, thereby helping to promote majority awareness of the cultural contributions of this national minority to Estonian society today.

Recommendatįons

59. The Advisory Committee encourages the authorities to seek an open ņproach towards the allocation of funding for cuitural initiatives of minority groups, including those that are

not organised within an umbrella strucfure, and to ensure that allreļevant groĪ.Tps are provided with the necessary funds to maintain the essential elements of their culture.

60. The Advisory Committee further encourages the authorities, in ciose consultation with minoritl, representatives, to carry out an effective and transparent review of the allocation and

erraluation process and ensure that representatirres of national minorities are more closely involved in the decision-makins related to the allocation of funds as well as in the evaluation ofprojects.

Nationaį MinoriŅ Cultural Autonoml, Act

Recommendatįolts of the tvpo prevįous molūtoring cycĮes

6ļ ' In the previous monitoring cycles, the Advisory Committee concluded that the

National Minority Cultural Autonomy Act should be revised or replaced with norms that were better adapted to the current minority situation in Estonia. Authorities were further encouraged to do so in parallel with proposals for a new law on national minorities which should confirm and consolidate Estonia's increasingly practical and inciusive approach as

regards the personal Scope of protection desiņed for national minonties.

Present situation

62. The Advisory Committee notes that an inter-mįnisterial working goTTp consisting of representatives of the Ministry of Justice, the Ministry of Culture and representatives of the

Riigikogu (Estonian Parliament), has recently been convened by the Ministry of Culture to

revise the National Minority Cuitural Autonomy Act and eliminate practical obstacles to the

functioning of cultural autonomies. At the same time, the Advisory Committee notes that

despite the fact that only two numerically-small national minorities could estabiish a culturai autonomy under the act, namely the Ingrian-Firrnish and the Swedish minorities, the įasks tlf the working group do not include a broadening of the act's restrictive scope of application. As

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other minorities consider themselves in similar situations but can, for a variet), of reasons,rs not establish cultural autonomy, the current situation may raise questions of unequal treatment.

63. The Adl,isory Cornrnittee realises that tlre Natiorral Mirrority Cultural Autonom;l Ąg1 is referred to irr tlre Corrstitution and hoļds historic irnportance. At tlre same tinte, it notes the repeated statenrents flonr gor,emrnental as u,elļ as non-govemmentaļ intel]ocutors that tlre act is no longer timely and no longel conforms to the actual situation and demography of the country. Tlre Adr,isory Conmittee tļrerefore wotrders wiretlrer it trra1, not be more efficient to der,ise a ne\Ą/ cultura] polic1, for tlre Estorria of toda1, 1f1lrer tirarr atternpt to revise an act that iras rreveL really been irnplernented and irr any case on1y affects tu/o gĪoups

64. The Adi,isorl, Committee regrets tirat there are no more plans for tire adoption of conrprehensive legislation to consolidate the inclusive and pragmatic approach that has beconre current practice. This appears e\/en more essential following the amendments to the Language Act in February 2011 that have fuither strengthened the provisions airned at promoting the State language u,ithout clarifying the linguistic nghts of persons belonging to nationai minorities (see further comments irr Article 10 belorņ,).

RecommerLdatįoll

65. The Adr,isoņ/ Committee encourages tire autlrorities to consider revieų,ing their rninority policy and legisiation in broader tenns, rather tiran focussing their attention on amending the Nationaļ Minoriņ, Cultural Autonomy Act that is generalļy corrsidered ineffective and impractical.

Article 6 of the Framework Convention

Integration efforts

Recontmelldatįolts of the two prellįot,ts monįtorįllg cycTes

66. In the previous monitoring cycles, the Advisory Committee encouraged the authorities to continue the promotion of inter'-cultural dialogue and concluded tirat further efforts were needed to counter the excessive division in the media environment between the media consumed b), the majoritl, popuiation and that followed by the minority popuiation.

Present sįtuatįoll

67. The Advisory Comrnittee is pleased to note the considerable progress rnade by the Estonian autirorities over the years with regards to their integration efforts. It welcornes the adoption of the neu, Estonian Integration Strategy 2008 - 20ļ3 prepared by the government in consultation with the fonner Ministry for Population and Ettnic Affairs, civil society representatives, and experts.16 Tire Advisoņ/ Committee is pleased to note that the Strategy is overall based on the understanding that integration is a two-wa)/ process and affects societl, f5 a whoļe. Tlre Strategy also addresses local authorities as a target audience wlro play an important role in its irrplernentation girzen the fact that integration levels differ in Estonia

,, Groups may eitlrer be too smalļ (under 3,000 pcrsons) oI too iarge: tlre Russian national nrinority, for instance, ų,as reportedļ), denied the Status because it is considered so large that no one group can be considęred its represeņtative. ļ6 See Estonian Integration Strategy 2008-2013, http://uņr,ų..kogu.eelpublic/docunrents/Loimumiskar,a:2008- 20 1 3:ENG-\ĄI:1 1,06.pdf

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from region to region,17 Another commendable deveiopment as compared to the Inteņation Strategy 2000-2007, is that issues related to social and economic integration of society are

considered with the objective to reducing differences in employment and income ļevels between employees of different ethnic groups until2013.

68. While welcoming the above developments, the Advisory Committee notes that the

new Strategy stil1 appears to centre around the Estonian lanņage as the main s1nnbol of colĪmon statehood and, consequently, Seems to ,f,ocus on the insufficient State larr'guage

proficiency of persons belonging to national minorities as a main impedirnent of integration. The Advisory Committee acknowledges the great importance of a common State language and the significarrce that the Estonian ianguage, as a resuļt of historic events, has within thę

Estonian Constitution. At the same time, however, it notes that recent integration monitoring indicates that language barriers afe no longer tlre main obstacle to inteņation and that persons with hif levels of proficiency may stilļ not enjoy a great Įevel of integration in society (see

comments on Article 15 belorņ,).

69. In this context, the Advisory Committee notes that the monitoring survey of 2008

confirms earlier results that Estonians pay indeed more attention to language requirements and citļzenship while the Russian-speaking population attaches more importance to social goals and mutual dialogue.'s The Advisory Committee therefore considers that more should be done to promote other s)rmbols of coĪnmon identity than citizenship and ianguage, such as

comtnon history, traditions, and a shared society. in addition, the Advisory Commįttee considers that efforts should be increased to address the relatively negative attitude of Estonians towards integration.ļ9 There should be more concrete msasļlres targeting Estonians to promote their openness and wiliingness to accept an integrated society. It regrets that the

Estonian Inteņation Strategy does not contain any steps in this direction.

lO. The Advisory Committee further notes that despite some efforts by the authotities, there is still a Targe gap in social space inhabited by ethnic Estonians and nonrEstonians which is reflected also in the persistent difference in the media consumed by both groups.

Targeted measures are required to encoĮTrage joint activities and inter-ethnic dialogue, including in the workpiace. The Advisory Committee welcomes in this context the proposals

made by the Ministry for Social Affairs to create social networking opporfunities and

language groups and regrets that such initiatives were not incoņorated into the Estonian

Integration Strategy.

1I. The Advisory Committee welcomes the creation of the Estonian Co-operation Assembly under the President as a civil society-based institution with an advisory capacity promoting co-operation and integration of society. It also notes the establishment of a

Roundtable of Nationalities within this entity in May 2010, which has contributed to the mid- term evaluation of the Integration Strategy. The Advisory Committee cautions, however, that

this initiative, while providing commendable contributions to the pool of ideas and efforts promoting integration of society, has no representative function for persons belonging to

national minorities and does therefore not constitute an effective consultation with national

t1 16%o of non Estonians in Tailim indicated, for instance, that they could not speak Estonian as compared to

629'o in Nawa. 18 Sęę Monitoring of the Integration of Estonian Society 2008. Brįe.f Stlmmaīry' provi'ded hy the Estonian Co- operation Assembly in Šeptember 2010. re Recent studies showed that only 36% of ethnic Estonians are open towards accepting cultural diversity wļtereas 40ozįļ lravc par|,ly rrcga|"ivc ur lrcsiTauį vięws aL)[,ļ,Tt aĖ,ģlpt,itg rcsidcnTs tlf tl|lri;r ruliurruli|.ius us eųuul

nreurbers of society. StįļCļigS also sitowcd that 650/o of ethnic Estonians havc no contacts with non-Estonians rr,hereas this percentage is half among other ethnic grorņs' Seņ Estr-rrriarr lttT*glation Stratcgy, ņagr 12,

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rninority representatives on the Integration Strategy (see furtliel cornments on Article 15

belorn,).

72. Finaiiy, the Advisor)/ Comnittee u,elcornes efforts b), the Estonian authorities aimed at impror,ing the educational opportunities of Roma chiļdren by, anrong others, increasing tolerance withiri tlre majorit1, popuiation and breakirrg down prejudice agairrst tiie smaļļ Rotna community.,.' Joint]1, with tļre }Jorth Estoniarr'Rotna Associatiotr, a filrrr lras been prepared by tlre Mirristr),of Educatiorr and Research to be slrorņ,n irr schoois, ų,iricil depicts tiie dail1,life of one large Roma famiiy and describes theil educational needs and opportunities,

Recontnrcltdątįotls

73. The Advisor), Cornmittee encourages tire autliorities to step up theil efforts to promote tlre integration of society, in particular by enhancing initiatives that create common social spaces and networking opportunities between Estonians and non-Estonians and by encouraging the Estonian majority population to be more receptive towards the idea of an rntegrated Estonian society with equal rights for all its members.

74. The Advisory Committee further calls on the authorities to inciude systematically national minority representatives in the design, irnplementation, monitoring and evaluation of the Estonian Integration Strategy to ensure that their concerns and suggestions are duly taken rnto account.

Portral,al of minorities in the media

Recotnmendatįolts of tĮte hl,o prevįot'ts nlonįtorįllg qlęļę5

75. In the previous monitoring cycles, tire Advisory Committee called on tire Estonian authorities to continue to support initiatives aimed at promoting inter-cultural dialogue in and throush the rnedia.

Present sįtuatįoll

76. The Advisory Committee notes that the media spaoe of the ethnic Estonian and non- Estonian population is stilļ shaņly dil,ided along ethnic lines with evetr the few biiingual options offering different news and perceptions in the different languages (see cornments on Arįicļe 9 below). Tlre Advisory Committee is particularl1, concemed at continued stereotyping in some media of persons belonging to national minorities and their portrayal as a threat to Estonian sovereigTrty with intentions to destabiiise society.

Recontnteltdatįoll

77 , Tire AdvisoĄ, Committee urges the authorities to take a|ļ appropriate measures, within the lirnits of freedom of expression, to curtail stereotyping of minorities in the media which has a crucial negative impact on tire sense of cohesion and integration in society.

?al *''' Data regardirtg tlre number of Roma chiļdren in Estoniarr sclrools varies between 100 atd 300 children. As of 2009, tbc Lstoniatr Edurlatiotr lrifgt.ruatiorr Systerrr distiriguislres entries alrout Rorrra glrildrcrr to clļSurc tlrat nrorc reliabļe data is colļected.

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ACFC/OP/[I(2011)004

Ethnicallv-motivated crime

Recommendatįons o,f the two prevįous monįtorįng cycĮes

78. In the previous monitoring cycles, the Advisory Committee encouraged the Estonian authorities to ensure that ethnically-motivated crime is consistently categorised as such and

pro secuted vi gorousi y by law-enforcement bodi es.

Presen| sįįuatįoll

79. The Advisory Committee notes that the number of ethnically-motivated incidents are

still relativeiy iou,. At tire same time, it notes with concern tlie arnendments of the Criminal Code įr 2006,limiting the applicability of Article i51. which covers cases of incitement to

hatred on various grounds, to acts that result in danger to the iife, health or property of a

person.,, This development excļudes the investigation into hate speech in the media or tlre Internet, unless senous consequences have ensued. Given the persistent use of the Intemet as

conveyor of ethnic agttation, the amendment nsks placing acts of ethnically-motivated agtrtation beyond the reach of investigation and prosecution. It has, according to some

observers, considerably affected the application of Articļe 151 .

80. The Advisory Committee regrets that racist or ethnicaliy-based motivation is not considered an aggravattng factor in the peņetration of any crime. While the Estonian authorities maintain that 'other base motives' listed in Article 58.1 of the Criminal Code as an

aggravating circumstance may include racism or ethnically-motivated crime, the Advisory Committee notes that, according to information at its disposal, no cases where racist or ethnicaliy-based motivation was considered an aggravating factor, have ever'been brought to

court, possibly due to the fact that law enforcement agents and judges are not sufficientiy aware of their responsibility to identify such motivation as an aggravating circumstance. This should be remedied by explicitly including racist or ethnicall)^based motivation in the list of aggravatrng circumstances contained in Article 58 of the Cnminal Code.

Recommetldatįolts

8i. The Advisory Committee urges the authorities to reconsider the limitation of the

applicabiiity of Article 151 which curtails the investigation and prosecution of hate crimes in Estonia. It further strongiy recommends to incrįminate and punish expressiy racist and

ethnically-based motivation as an aggravating circumstance in any offence.

82. The Advisory Committee further encourages the authonties to engage in training activities for law enforcement agents and members of the judiciary in order to ensure that they are aware of their responsibilit5, to i6.n ify and sentence racist or ethnically-based motivation as an aggravating circumstance.

Article 7 of the Framework Convention

Present sįtuatįon'

83. Following 'Bronze Soldier' supporters of the

Freedom of assemblv

the events in April 2007 surrounding the relocation of the statue of the

from the centre of Tallinn as well as the subsequent clashes between removal (mainly Estonians) and its opponents (mainly eįlu:ric Russians), a

2ļ See also ECRI Fourth report on Estonia, Decembcr 2009, pointing out that Įhis clevelopnrerrt is not irr lįre with

its Policy Recommendation No. 7 on national legislation to combat racism and rat ial discrimination.

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ACFC/OP/ilr(2011)004

number of amendments to tire Criminal Code as weil as the Public Senrices Act and the Alierrs Act rņzere made. The Adr,isory Cornmittee notes iri this context that the neu, legislation may lrave an impact on the &eedorn of assembļy. This concerns, for instance, the neu, Article 239 of the Criminal Code, ų,iriclr ma5;:Ļ9 used against participants of peacefuļ and autlrorised derronstrations, if the1, seirr.ide with a iltass distur'bance.22 Tire Advisor), Committge expects that tlre irrteņretation of these pror,isions b), t1,. courts rņ,il] ensure tlrat ,,there are no disproportionate effects o.rr tlre nglrts protected urrder Articļe 7 of the Ft.arnework Conr,ention.

84. The Advisorl,Committee is generall5, ef L" opinion that, irrespective of the nature of tlre accusations arrd tire ņ.ounds brought agairrst persons belongirrg to nationa] rninorities, tlre authorities should ensure that tire rights of defendants andlor detained persons are fuliy respected. Persons who advocate minont), rights inciuding tirrougit exercising theil freedorn of peaceful assembly must in no circumstances be sanctioned fol this activity.

Recolnmelldatįon

85. The Advisory Courrnittee encourages the authorities to ensure that the neu, legal provisions introduced after the events of April 2007 are implemented in a manner that respects the individual rigirts arrd freedoms, notably those reļated to freedom of expression and of assembil,, of persons belonging to national rninorities in Estonia.

Article 8 of the Framework Convention

Religious communities

Recolnmelldatįolls qf tĮte fuyo prevįot'ts monitorillg QlcT.es

86. In the previous monitoring cycles, the Advisory Cornmittee encouraged the authorities to pursue the implementation of tire protocol on the organisation of property reiations between the state and the Ortiiodox Church under the Moscow Patriarciry, and to ensure that the reļevant pror,isiotls of the lau, are irrteņreted so that religious associations can write tlreir names in an alphabet of their choice except in cases where it is necessary, for a iegitimate puņose, to require also tire use of tlre Latin script.

Present sįtuatįoll

81. The Advisory Committee welcomes tire fact that the implementation of the above- mentioned protocol is completed as of 2009 and that tlre Mirristņ, of tlre Interior has leased all relevant buildings for 50 years to the Estonian Orthodox Church under the Moscou, Patriarchy. The Advisory Comrnittee equally notes progress related to the use of non-Latin script in internal cirurch matters.

Recommendatįoll

88. The Advisory Committee encourages the Estonian authorities to continue their constrųctive dialogue v,ith tire orthodox Clrur.ch under the Moscow Patriarchy.

". Article 239 (ļ) of tlre Crįrrįraļ Codę ttoų, Leads: A persr.ltt partic;ipating in a mass disordor wlro comņrits dęsecration, destruction, arson or othf. eimilar aott or ignores ļar,vfuļ orders or offors resistance to a police oftīcęr, special constable or any othcr.pcrson combatrng such actir,itięs on a legal basis or incites such people not įo firļfiļ their.protessrorraļ duttes - shaļļ be punished b1,a pecuniar;,punisliment or up to 5 years, imprisonment.

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ACFCIOP/III(201i)004

Article 9 of the Framework Convention

Minority language media

Rec:ontmeltdatįons o,f the |ll,o prevįot,ts monįtorįng c1lcļg5

89. In the previous monitoring cycles. the Adr,isory Committee concļuded that additional |egal guarantees for the broadcasting on and for persons belonging to nationai minonties węre

needed for a better implementation of Article 9 of the Framework Convention and eucouraged

the adoption of measures, including increased budgetary support, to expand the scope of public service broadcasting for national minorities, notably as regards dornestically produced programmes.

Presenl sįtuatįoll

90. The Advisory Committee notes that the National Broadcasting Act, adopted on

77 January 2001, merged the public broadcasting organisations Estonian Television and

Estonian Radįo into the .Estonian National Broadcasting, organisation, whose goal it is to meet the information needs of all population groups, inciuding minorities. The Advisory Committee welcomes the creation of the ETV-2 channel in August 2008, following media surveys carried out in 2O0l among the non-Estonian population, which has increased the

proportion of programmes intended for Russian-speaking viewers as well as those of other

languages. In tiris context, the Advisory Committee is pleased to note the 50% increase in the

budget of 2009 for Russian-language news as compared to that of 2008, iven the high demand among non-Estonian speakers for domestically-produced Russian-language news.

However, according to information obtained from a variety of interlocutors, the amount of Russian-lanņage news and general programming is still considered largeiy insufficient and

the Advisory Committee shares the expressed concerns that the four hours per week of new

prograrnming in Russian currently planned wilļ not be suffrcient to satisfy the wide demand.

91. The Advisory Committee welcomes the continued broadcasting of Raadio 4 which.,

founded in 1993 as a channel intended for persons belonging to national minorities, has

developed into a successful public radio station that is listened to nationwide and enjoys trust

in the reliability of its information amongst orzer 90% of its audience, including Estonians.23

While most of its programming is in the Russian language, Rafdįo 4 aIso produces

prografümes in Ukrainian, Belorussian, Armenian, Georgian, Polish, Azei, and Chuvash.

92. The Advisory Committee notes with some concern that the avaiiabiiity of minonty language print media seems to be rapidly decreasing and that two Russian-ianguage daily newspapers with national circulation since 1940 and 1950 respectively, MoĮodyozh Estol,tįį

and Vestį Dnya had to close for commercialreasons tn2009' The authorities maintain that this

situation is a result of the free market and that they cannot interfere in developments since any

action wouid compromise the freedom of the media. The Advisory Committee wishes to

recall in this regard that the authorities, in line with Article 9 of the Framework Convention, should ensure that persons belonging to national minorities are granted the possibility of creating and using their own media. The current system, which entails no means of obtaining subsidies for any print media, does in practice disadvantage smailer editions (including minority ianguage newspapers) since it is very difficult for them to become commercially viable and compete against the bigger and mainstream print media.

23 See l. Sūū|', Inter-ethnį'c Relat/ons a'n'd' į'h'e Inlegra'tīntt ChaTTenges ufter The Brunze NĮght Crisis, 2()07.

22

ACFCTOP/[i(201 1)004

93. Tn this context, tire Advisoņ, Committee notes witļr concenr tirat, according to researclr conducted at tlre University of Tartu,2a the readership of Russian.lanņage newspapers tlrat harle to close, no longer consumes local nerņ,s but is instead driven to foreign media. The above-mentioned der,eloprnerrt thus furtlrer. widens the alread1, existįrg gap in the media enr,irorunent betwęęn etlmic Estonians and non.Estonians and runs counter to one of the

objectives of the Estonian lrrtegration Strategy, to ensure that the rnajority of non-Estonian speakers receive infonnation from Estonian media sources and trust them.

94. Tire Advisory Cornmittee understands tirat there are some examples of bilingual newspapefs in Estonia. Hower,el, these appeal to pr.ovide different įrfonrration to Estonian and non-Estoniatr leaders. The Advisory Corunittee was inforrned tlrat onę pape1. may, depeirdirrg on tire language, pr.ovide quite r,aryirrg inteņretations and perceptions of tlre sanre

reaiity and u,il1 thus contribute to the existing division in society rather than help in creating the much needed comlnon media space (see also comments on Article 6 above). In this context, the Advisory Committee underlines the role of self-regulatory bodies sucir as the

Nationaļ Broadcasting Council to promote ethicaļ journaiisrn and respect of the media through their own codes of conduct, whiļe fully respecting the prirrciple of freedom of the media.

Reconlmel,ldatįons

95. The Advisory Corrmittee encourages the authorities to increase their efforts to promote Russian-language radio and TV broadcasts, particularly as regards the promotion of locally-produced news, to ensure that Estonian and non-Estonian speakers share a cofiImon media environment and thereb), deveiop a bettel sense of a corrurlon societ1,. In this regard, bilingual news programmes can be particuiarly important and effective. provided that they distribute baianced and similar news in both languages.

96. The Adr,isoĄ/ Comnrittee further. encoulages the authonties to establish, jointly u,ith minority representatives, whether there is a need for mor'e Estonian Russian-language print media and 1roų, best to meet that demand with fuil respect for tlre fl.eedom of the media.

97. The Advisory Cornmittee encourages the autirorities to ensure that the National Broadcasting Council plays a constructive role in tlie media space and promotes ethical journaiism and objective reporting tlrrouglrout the country. It is essentiaļ tirat minority representatives are members of the Council and actively participate in its work.

Translation requirement

Recommeltdatiolts o.f tTte hllo prel,įoats ntollįtoring c.1lgĮ'g5

98. In tire prer,,ious monitoring cycles, the Advisory Committee ulged the authonties to rel,iew $25 of tire Language Act u,ith a r,ieų, to ensuring its compliance rn,ith Article 9 of the Framework Convention and, pending possible amendments to the said article, ensure that

measures taken in connection u,ith tire monitoring of the implementation of the said provision were proportional to the legitirnate aim pursued.

P r e.s en't's i,tt,t.rl'tį'o n

99. The Advisor')r Conunittee regrets that no changes have been made to $25 of the former Lanpņ-rage Act whicļr requires .foreign language', includirlg mirrority ianguage. broadcasts to

,, See Jakobson,.Ī/.,'ItįJnTentln, P',,Lõh,ntrLs, M. (3004) Ühįskond llleecļiartLrnlįs.'trcdįtsįoollį'T'įne nleedįa. KaTnlus, ī/.,.Lau.įstįtl, M.,'PruuTnmlul-I/eltget.feļdt, P. (Toįm,). Eesti eļm,ilc 2ļ, saiandį aT.guĮ : įil'a,aadc ,t,tt,u"įtll't,tse Alūla' ]tTactįTrn' ]tl'eedįa tuĮcmustest (]3] ' ļ45), Tartu: Tat'tlt ÜTikooļi TĢt.jasttls,

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ACFC/OP/ilt(201 1)004

be translated into Estonian and provides for the application of fines if not impiemented. The new act retains the same provision. Whiļe noting the authorities, explanation that the

requirement proceeds from the aim to make broadcasts available for as man)/ people as possible in Estonia, the Advisory Committee reiterates its contern that the overly proscriptive approach used to promote the Estonian language in public is not proportionate to the

legitimate aim pursued (see also comrnents on Article 10 belov,). Moreover, given tTre fact that there is no subsidy systern and broadcasters have to cover the costs for translations, the Advisory Committee eonsiders that the current approach eonstitutes an unfair burden on persons belonging to nationaļ minorities in Estonia and negativeiy impacts on their freedom of expression.

Recommendatįolt

100. The Advisory Cornmittee urges the authorįties to reconsider their rigid approach to the transiation requirements of the media and develop, in ciose consultation with minonty representatives and media professionals, more appropriate means to ensure that Estonian and

non-Estonian speaking groups of society can benefit from a diverse but shared media space.

Article 10 of the Framework Convention

The protection of the State language and the Language Inspectorate

Recommendatįons of the two previous monitoring cycĮes

1Oi. in the previous monitoring cycles, the Ad.visoņ/ Coffrrnittee underlined that, while the protection and promotion of the State language were a legitimate aim, the,v should not be pursued throuf an excessively regulatory approach but in a manner that fu1l1, reflects the principles contained in the Framework Convention, including as regards the Language Inspectorate.

Present sįtuatįon

102. The Advisory Committee regrets that amendments to the Langaage Act were adopted

in February 2011 without comprehensive consultation with minoritl, l"rr.rentatives and without any regard to the nT}melous recoĪnmendations for more balanced provisions made by the Advisory Committee, as well as other intemational monitoring bodies, over the years." While noting that the amendments were reportedly intended to revise and update the ianguage regulations which had become rather complicated foliowing a number of previous amendments, the Advisory Committee notes that the new act does not ciarify the linguistic rights of persons belonging to national minorities. Moreover, the fact that national minority languages are still referred to as 'foreign languages' casts a serious doubt over the political will of the government and parliament to recoņise the speakers of national minority languages as an inherent part of Estonian society.

103. The act initially refers to the regulation of the use of the Estonian and .foreiņ

1anguages,26 in public iįfe. However, it also regulates areas such as websites, ali siņs, advertisement, reports and notifications. While a number of these concepts remain unclear, they affect , to a Targe extent, also private iife and business. This overregulation of the private

,, Sęe, for example, ACFC Seoond opiruon on Estonia. 24 February 2005' ECRI Fourth Report on Estonia, 15 Dęucrrlbęl 2009, ilaragr,a1iķ27-27, arrd CERD/C/E3T/CO/8-9,27 Arrgrrst 20i0, pala 13. ,u officials of the Larrguage Inspectorate mäy go beyontl the remit of Estotüan lauguagc usc atttļ exatuįre .use {rf ..foreign languages'' in officiaļ communimtion and disseminatiott of information'. Iį ręuraįls ultt:lęal,wltaį, įlrę power tlf tlfficials uf įlre Esįorriatr Larrguagc ltrspeuTuraTc wcrurld exac,tly etttail itt sttclt casęs,

.ALf

ACFCTOP/ilt(201 i )004

sphere raises grave concerns as to its compatibility with Article i 0 of the Frameu,or* Convention and may lirnit the freedom of association.

ļ04. Tire neu, Langlage Act retaitrs the Language Inspectorate. Where an official lras .r.easonable doubt. that tire larrguage proficienc1, of a person does rrot conespond to legisiaTivę requirements. tiie ..peĪ.Son concerned shaļļ be directed to take the Estorriarr ianguage proficiericl, examination b1, a precept of the language official". In yieu, of the ļou, ievel of evidetrce required, the siņrificant firrancial and otlrel. costs inr,oir,ed, and the fact tlrat.tire act does not speciĄ, the avenues for appeal agairrst decisions of officials of the Langlage Inspectorate,2t the Advisory Committee finds that the powers granted to single officials seern too broad and raise doubts as to their cornpatibility u,ith the due process requirements contained in Article 6 of the European Convention on Human Rigirts (ECHR).

i05. The Advisory Committee regrets receiving reporls alleging tirat the Langtage Inspectorate has been repeatedl1l targettngparticuIar estabļishments, such as kindergartens or schools where Russian-speaking staff have made efforts to irnprove their Estonian language capacities in spite of a lack of adequate teacher training opportunities (see comments under Article 14 belou,). Reportedly, the imposed fines have often been disproportionately high. The Advisoņ, Committee reiterates its deep concem about tiris punitive approach and ų,ishes to repeat that the mere legal possibility of imposing fines in relatiori to the use of minority languages is incompatible with the Framework Convention.2s The Advisory Committee is of the opinion that more incentive-based, voluntary rnethods should be used to increase motivation among persons belonging to national minorities to leam and speak the State language in daily life, while at the same time benefitting from the rigirt to use theil language in private and in public, oraliy and in wnting, in conformity u,itir Article 10 of the Framework Convention.

106. The Advisory Committee was grven to understand during its visit that a neu,strategy fol the Estonian Langtage was being developed and considered this an important opportunity to closely consult u,ith minority representatives on appropnate means to promote the State language as the main cortrrron language of communication whiļe sirrruļtaneously promoting the development and use of minorit1l ļfņ*ages. It regrets that this opportunity for deveioping tire Estonian language as a uniting syrnbol for common identity rather tiran a divisive factor in socieņ, has apparenti5l Ļę"o missed and amendments to the Langlage Act have been adopted ų,ithout the appropr.iate balance between the promotiorr of the State Ļangaage as a public interest issue and the protection of indir,iduaļ riftts irr line witli app1icable internationaļ standards.

107. Tlre Adr,isoĘ, Cotnmittee notes tlrat the State language is increasingly used as a cofflmon lanņage of communication in the public sector arrd that the number of persons not speaking the State language is fallrng rapidly. Given tirese and other developments that firmiy establish Estonia as a sovereign and modem state v,ith an ethnically diverse society, tire Adrrisory Cornmittee believes that tire Language Inspectorate, which rnay have had a cefiain historic iustification, may no longer be required in the Estonia of today. The Advisory Cornrnittee fears that the persistent severity in approach to language matters of the Inspectorate could jeopardise the implementation of the Estonian Integration Strategy by aiienating a siņificant part of tlre population.

27 Accorrling to thę Act, thę clęcision of the official shalļ irrciic.ate the .means of contesting, the instruction to taļce tlre language proficienc1, examirratton. ,ļ,lrrs seems to rmp.Ty an intenra-L procedure u,itļūn the Language Ilspectorate ratlrer įlran art appeal to an itrdependent revieų, bodY, By contfast. the results of tlre proficiency ęxamination tlięnrsęlvęs may be appea1ed against to an Appeal Committeę within the Minisfry of F.rjrrr:afiņn anci Research. 2E See aļso A()ļ.C]

,].hirct Opinicrn orr the Sļovak Reprrblic, 28 May 2010,para' 23'

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ACFC/OP/[r(201 1)004

Recommendatįolls

108. The Advisory Committee strongiy encourages the authonties to introduce some

flexibility with regard to the impiementation of the new Langlage Act and, in particulal, to

ensure that it is nst implenrented at the expense of the linguistic rights of persons beionging to

national minorities. The rights of persons beloning to national minorities to use their

1anguagesfreeiyandwithou1interferencemusttlefu1lyguaranteed

109. The Adrdsorlr Committee points out that requirements for State language proficiency must be proportionate to the legitimate aims pursued and their application must aĮlow for

some flexibility. It strongiy encourages the authorities to refrain from imposing fines for

violations of the Langsage Act and replace the punitive approach with a policy of positive incentives. It further calls upon the Estonian authorities to seriously consider abolishing tire

Langtage Inspectorate.

i1O, The Advisory Comnrittee invites the Estonian authonties to enter įnto a constructive

dialogue with minority representatives and consult cTosely on any lanņage-related developments.

Use of minoriŅ languages in reĮations with adminįstratįve authoritįes

Recommeltdatįons of the two previous monitoring cycĮes

1 1 f . in the previous monitoring cycles, the Advisory Committee conciuded that legislation conceming the use of minority languages in contacts with administrative authorities lacked clanty and provided for a high threshold for the implementation of the right to receirre replies

in a minority language. In the impiementation of its legislation, Estonia was called upon to

ensure that persons belonging to national minorities, in areas where they reside traditionally ol in substantial numbers, had atruę and effective possibility to use their minority language in

relations with administrative authorities.

Present sįtuatįon

1I2. The Advisory Committee deeply regrets that there has been no change to the rules

governing the use of .foreign lanņages' in ora] and written communication. Firstiy, the

Advisory Committee reiterates its concem that minority ianguages with a long standing

tradition on the territory and within the society of Estonia are not treated with special attention

but included in the general provisions covering foreign ianguages. Russian may thus, like any

other language,be used with authorities by agreement of both parties. However, the right to

obtain a response from the local government in a minority language is provided only in those

local government units where at least 50% of the population belong to the national minonty. The Advisory Committee would iike to reiterate that thįs threshold is excessively high and

recalls that it generally recommends flexibiiity in the appiication of thresholds, even regarding

those of 20o/o or lower. In addition, it appears that this right only applies to oral responses, as

it is not cļear to which extent persons belonging to national minorities have to bear the burden

of financing the translation of the response into the minority langtage. The Advisory Committee is concemed in this regard about reports of cases rnhere persons belonging to the

Russian minority in ida-Virumaa (Viru County) received court judgements in the Estonian

language which they were unable to understand, and had to have them translated at their own

cost in ordęr to comply with them.

113. The Advisory Committcc firrthcr notes that thę new Lan5;uage Act still f'oresees that,

local gcrvernmęnt rrnits in arca,s where morę than half of the popuiation belongs to a rrational

rrrirrolity may at;k lhę ęęntraT author.ities for permission to use thc minority language,

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ACFC/OP/IIr(201 1)004

alongside Estonian, as an internai working Tangtage.It regrets that no such pennission was ever granted despite requests that were apparentTy submitted fiom the predorrinantly Russian- speaking Narva and Maardu rnunicipalities.2e Consequently, council meetings in Narva must be conducted in Estonian, even though only tu,o council rnembers, reportedly. have Estonian as their first 1arrņage.

114. At tlre sarne time, the Adr,isor),Conrrrrittee \Ąlas pleased to learn about thepragnratisrrr applied b), the iocaļ authorities irr Narva- to assist eiderly persons belonging .to national minorities; for instance, b1, 1ņf11'lating information about the dosage arid application of t1re

rnost widely used plrannaceutical products soļd irr local pirarmacies irrto tlre Russian Iangtage, as the descnptions available witli tire medication are, reportedly, oniy.in ,Estonian ianguage.

Recommendatįotts

115. The Advisory Committee considers the 50% threshold excessively high and strongly encourages the Estonian autliorities to ensure that persons belonging to national minorities, in areas where they reside traditionall)/ or in substantial numbers, have the effective possibility to use tlreir minority larrguage in relations witlr local authorities, including as regards ų,ritten responses ų,here necessaIy.

116. The Advisory Committee fuitheĪ recofiImends the searclr for practical soļutions in language matters, particuiarly as regards the deaiings of the elderly, non-Estonian speaking population with the authorities.

Article 11 of the Framework Convention

Topographicaļ indications

Recommeltdatįolls of the tu,o prellįoats m,onįtorįng c.ycTes

117. In the previous monitoring cycles, the Advisory Committee called on the authorities to continue tlreir efforts to encourage reļevant ļocal authorities to introduce minorit1, ianguage place names arrd to consider the possibiliņ, 9; allou,ing tiie additional use of script other than Latiri for such place nalĪles.

Present sįtuatįoll

118. The Adr,isory Committee u,elcomes the fact that a numbel of Swedish settļements have apparently made use of the rights provided for in the Place Names Act of 2004 to introduce parallel place names in minority languages. It fuither welcomes the efforts of the Ministry of the Interior to laise awareness among miriority comrnunities about the possibiiities offered by the Place Names Act and the organisation of apparentiy 22 seminars for tlris puņose in 2009. At the same time, it was suņrised to lrear that no seminar lras been held so far in lda-Virumaa (Viru Countl) whicir, given its large minority popuiation, appears an obvious area to conduct such awareness-raising activities. The Advisory Cornmittee reglets that, consequently, knowledge among the population in lda-\/irumaa (Viru County) about possibilities to introduce parallel place names appears veņl ļįņ11"4.

ļ19. Tlte Advisot.y Coriurritlee urtderslartds Lltaį orte ret1uest ftrr Llre intrtiduoįion of a parrļleļ plaue lļįįme, submitted by Kailastc city counciļ in 2(X)5 was unsucccssful ancl rcņcts that $11 (2) of thc Placc Names Aot ęxęlT]c|ęs paralļęl nalnęs fbr.settļęmęnts wļrosę lroldels

?ņ l-ļce Č/r.t,,,,, ļct ii.Ltrvįttu'. lulirurit1, RTgh'ts itl Lstonįu utuļ Lan,įa, Legal lntbrration Centre tbt.ļļunran tl.iglrr, Edited by

\lLttļirtt Puļcshchult, 2009, page 19, Iittp://ų,rl,r,t,,]icļrr',cģirrrairt/asscįs/L-3.clrļ.tlclf .

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are identical to those of administrative units - which in fact is the case with most cities. Consequently, the Adrrisory Committee notes that the Place Names Act only benefits small settlements and villages but not cities (nor streets or squares), despite the fact that persons belonging to minorities often reside in substantial numbers in cities and it is indeed in the urban environment where a parallel place narne would have the most symbolic value.

120. The Advisory Comrnittee further leamed with concern dunng its visit to lda.Virumaa (Viru County), that the Russian language is aimost entirely absent from public spaces, despite the fact that over 90% of the population are Russian-speaking. Even immersion schools where mainly Russian children study, showed no RussianJanņage signs or Cynllic script. The Advisory Committee wouTd like to point out that the possibility of having ļocaļ names, street names and other topograplrical indicatiorrs intended for the pubiic aļso in minority languages has a siņificant synbolic value for integration. Seeing the minority language, alongside tire State ianguage, in public Spaces reaffirms that the minority belongs to the ģrlen region as an appreciated and welcome member of society and promotes a sense of tnrst alnong persons belonging to minorįties. The Advisory Committee therefore regrets that this opportunity to promote social cohesion and reduce separation based on ethnicity and language barriers is not being used more effectively in Estonia, despite significant efforts to promote integration.

Recommelędatįon

121. The Advisory Committee strongly encourages the central and local authorities to expand the opporfunities to introduce minority language piace names in line with the principles contained in Article 11 of the Framework Convention, and allow topographical indications, alongside Estonian, including in script other than Lattn.

Private minoriĘ, Įanguage signs

Recommeltdatįons o.f the two previous monįtoring cycļes

122. In the previous monitoring cycles, the Advisory Committee encor.Traged the authorities to codify improvements in the practice of the Language Inspectorate affecting the display of siņs and other infomration of a pivate nature in legislation through amendments to $23 of the Language Act.

Present sįtuatįolt

123. The Advisoņ/ Committee is pleased to note that the Langlage Act was amended in 2007 and now allows for public signs, signposts, annol,įncements, notices and advertisements to be in a .foreign 7anņage, on condition that the Estonian language has precedence and is not less visible. The provision was retained in the new Language Act.

Recommendatįon

ļ24. The Advisory Committee encourages the authorities to continue this policy conceming bilingual signs, while ensuring that rt does not unduly intrude into the private sphere.

Recording of patronyms

Recommendatįons of the two previous monitoring cycles

t25. Irr įlre previous rtrortitoritrg cycles, tlre Advisory Corrrrrrittee encouraged the authorities to seek further altemative solutions for thę registration of patronyms in official persotral documents, in consultation with persons belonging to national minorities.

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Presenl sįtuftįotl,

ļ26. According to Estonian legislation, a person'S official name consists of a forename and a sumame, without the possibility of a patronlrn being entered in personal identity documents; The authorities argue that this situation is in line with Article t7 paragraph 1 of tlre Frameworļ< Convention. according to rņ,hich .,tgyg15l pelson belonging to a nationaļ rnirronty lras tire rigirt to use his or lret. suūtame (patrorryrrr) arrd filst names in tlre mirrority larrņage and the right to officiaļ recognitioti of tirenr, accordirrg to rnodalities pror,ided for in their legal S),Ston,t,,. as there are no cļear tlrodaļities for.the use of personaļ nanres containing patronyms in the Estonian legal system. According to the State Report, patronytns may be recorded as a second forename by tire fdministrative authorities. if the person so wisires and if t1re personaļ irrfonnatiotr is recorded for tlre first tirne. While this practice is cotnrnendable, ,it

doeļ not replace a legall1, secured right to use ones Sumame (patronym) in tire rninority lanņage, as pror,ided for.in the Frarnework Convention.

Recorumeltdatįon

127. The Advisor)/ Committee reiterates its previous recommendation to seek appropriate ieģslative solutions for tire registration of patrorryrns in official personaļ documents, in consuitation with persons belonging to national minorities.

Article t2 of the Framework Convention

School curriculum

Recommettdatįolls oJ the hllo prellįot'ts monįtorįtlg cycĮes

128. In tlie previous monitoring cycles, tire Advisory Committee underlined that infonnation on the identity of all ethnic groups living in Estonia, as well as adequate multicultural elements, should be inciuded in school curricula. An intercultural perspective shouļd be introduced in history textbooks and Estonia should take further steps also to encourage majoriņ, pupiis to stud1l minority languages.

Present sįtuatįoll

ļ29. Tlre Advisory Committee is pleased to note that the Estonian Integration Str.ategy appears to acknowledge the significance of education as a tool for integration and also mentions the necessity of emphasizing cultural diversity of Estonian society in the school cun-icula. At tire sarne time, it notes with concern that the indicators for irnplementing objectives in the field of education and cuitural irrteņ.ation all concentrate on increasing the percentage of students who successfuliy pass the Estonian Langtage Examination, but take no regard for the important role that schools could piay in creating a coffinon sense of statehood, positive feelirrgs toų,ards diversity, and teaching about the vaļue and contributiorr of other cultural goups to Estonian society. Tlie Advisory Comrnittee also learned from its discussions with non-governmental interlocutors that the scirool curricula still contain only feu, multiculturaļ eiernents,

130. The Advisory Committee is pleased to note that therę is, apparently, an irrcreasirig interest among Estonian-speaking pupils to learn rninority languages, particularly Russian, given its importance in the labour market.

131. The Advisory Committee is pleased to note that there appears to be a growing acceptance that multiple perspectir,es should be encouraged in historic research atrd wcļt.:omes in tiris regard the establishment in 2008 of the Estonian Institute of Historical Memory. In this

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context, it underlines that muitiple perspectives rnust also be reflected in history textbooks used in schools to ensure that different views are adequately reflected without bias or ideological stereotņing. According to information obtained by the Advisory Cornmittee, the independent assesstnent of 12 history textbooks reveaļed that certain national minonties were mentioned only very sparingly and with no reference to their past positive contributions to the culture and development of Estonian society over centuries.

Reconuneltdatįolt

132, The Advisory Committee calls on the authorities to ensure that school curricula and textbooks reflect adequateiy the presence of national minonties in Estonia, including theil positive contributions to the traditions, culture and development of Estonian society. Multiple perspectives must be introduced in history teachiug and appropriately reflected in the textbooks used in both Estonian and Russian-iangLLage schools.

Teacher training

Recommendatįolts of the two previous monitoring cycĮes

133. In the previous monitoring cycles, the Advisory Committee called for increased efforts in the field of teacher training and in the production of study materials suitabie for a more bilirrņal schooT environment with a view to ensuring quality education.

Preseltt sįtuatįon,

134. The Advisory Committee welcomes the significant efforts of the Estonian authorities to improve the language proficiency of teachers who teach subjects in Estoruan in Russian- lanņage schools, as wel] as the establishment of four reģonal monitoring and counseliing centres for such teachers, MĄrile appreciating the initiative in the context of the ongoing transfer of the Įanguage of instruction in Russian-language schools to 600/o in Estonian, the

Advisory Committee would like to caution that these initiatives should not deflect attention from other, general teacher training courses that must be instituted and organised in order to

ensure the quality of teaching in all languages and in all schools. Given that approximately 5A% of Russian-language scirools offer immersion classesto and the Estonian Integration

Strategy includes the pian to increase the nurrber of these classes, special teacher training introducing immersion methodology, as well as bilingualism and inter-culturalisrn, must be expanded and be made availabie to alļ schools and teachers.

Recommendatįon

135. The Advisory Committee strongiy encourages the authorities to increase their efforts

in the fieid of teacher training and ensure that the quality of education overail is given first prionty before considering the language of instruction. Teacher training courses shouid also contain elements regarding immersion methodologies, bilingualism and inter-cu1turalįsm within the school environment.

Contacts between pupils Recommendatįons of the two previous monitoring cycles

t36. in thc prcvious monitoring cycles, the Advisory Committee called for further

initiatives to increase contacts between chiļdren belonging to the majority and those

belonging to a national nrinority. The importance of such contacts should also be reflected in

t0 Larrguage immersion in Estonia is used as the method of teachjng Estonian To Russian-speaking pupils; a

significant part of the ęducation is offered in Estonian whilę Russian continuęs įo bę usęd as weļl.

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tlre desiņ and implementation of various rnodels of education, starting at tlre pre-sclrool ler,ei, as well as in the planning of educational facilities.

Pl.esenl sįįuatįol,t

131. The Adr,isory Conrrnittee ų,eļcomes increased efforts to cleate opporturrities for contacts between pupils fiom Estonian and Russian-language schools. At the same time, it notes witlr regret tlrat tirese efforts are stilļ rnaini1, directed at creatirrg extra-curricuiar opporturrities for clriļdren beTongirrg to nationaļ rninonties to leanr about majority cuiture (such as througlr participation- in ,a larrguage camp) but faiļ to encotnpass more general measures to create coml-non spaces in errer),-da), life. In addition, despite an increase in interest among Estonian-speaking pupiis to leam Russian, no initiatives have been made to offer. sirniļar language camps for Estonian pupiis to participate in Russian-language camps or spend time in a Russian-Tango,age environment. The offer of language camps and family exchange progtammes to Estonian-speaking children would promote openness and flexibility on the side of tlie maiority tou,ards persons belonging to national rninorities and would thereb5, multiply the effects of language camps on integration and intercultural diaiogue.

i38. Tire Advisory Committee is pleased to note the continued interest of parents belonging to national minorities to send their children to Estonian-language pre-schools and schools as well as the increased irrterest among majority pupils to learn Russiati. It notes rņ,itlr concern, however, that the Estonian school environrnent is still divided between Estonian and Russian- lanņage schools and that tlrere has been no encouragement fol creating bitingual classes that could bring together pupils frorn different language backņounds and enabļe them to learn both languages wirile plornoting inter-ethnic contacts and networks and thereby contributing to tlre aim of the Estonian Governrnent to create a rrļole colresive society.

Recommeltdatįol,ts

139. The Advisory Cornmittee encourages the authonties to expand the existing opportunities for pupils belonging to national minorities to participate in language camps and family exclrange prograĪnmes to chiļdren beionging to the rnajority in order to ensure a gteater impact of these measures on integration and increased intercultural dialogue in society.

ļ40. The Adr,isory Committee strongiy encourages the authorities to consider the introduction of bilingual classes and schools for. Estonian as weļl as for Russian-speaking pupils, while ensuring that the specific pedagogical skills and tools are deveļoped and used and that appropriate teacher training is available to all teachers.

Access to schooling

Recontnleltdatįotls o.f the t'vllo prellįous monįtorįng cycTes

141. In the previous rnonitoring cycles, the Advisory Coinmittee encouraged the authorities to pursue vigorously theil commitment to ensure that childlen belonging to national minorities had equai opportunities for access to education at aTl levels. It underlined tirat the increase of State language instruction in secondary educatiorr must he prrrsuecl in a marurer that does not harm the quality of education in schoois attended by persons belonging to nftionrl minoritien and thereby iimit thcir possibilitics to acccss hifcL cducation.

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Present sįtuatįott

142. The Advisory Commįttee welcomes amendments to Decree No' 10 (1994) of tlre Ministņ, of Education, ensuring that schoolS fila1z no longer verify the pupil's proficienc5, in the larrguage of instruction before granting admission' However, it remaįns deeply concerned about continued reports that children belonging to nationaļ rninonties lrave been refused entry to Estonian-lanņage schools with the justification that these were meant mainiy for Estoniarr- speaking pupils.3ļ :

I43. The Advisor)/ Committee is pleased to note that access to higher education for persons belonging to national mirrorities appears to have increased, notably because of their incręased Estonian |anņage proficiency and tlrat the nurnber of graduates of Russian-lanņage sciro,ols

admitted to a student place financed from the State budget is only slightly lower than,among those who graduated from Estonian-language secondary scirools. At the same time, the

Advisory Committee remains concemed about reports that the transfer in the language of instruction in Russian-ianguage schools to Estonian may have had an impact on the quality of education which, in turn, may affect access of persons belonging to national minorities to

hifer education and doctoral studies in future years (see comments on Article 14 below).

Recommendftįott

144. The Advisory Committee encourages the Estonian authorities to ensure that persons belonging to national minorities have equal access to education at alļ levels in both Russian and Estoni an-langtage schools in a way that precludes segregation in education. Particular attention must be paid to ensure that the transfer to Estonian as the language of instruction in Russian-language schoois is not detdmental to the academic quaiity of education in order not to limit access of Russian-language students to higher education.

ArticĮe 13 of the Framework Convention

Sunday schooTs for nationaį mįnorities

Recomnlendatįons o.f the two previous monitoring cycĮes

145. In the previous monitoring cycles, the Advisory Committee calied on the Estonian authorities to pursue efforts to design an improved funding scheme for Sunday schools of national minonties, whilę ensuring that support for such private initiatives was coupled ulith adequate measures also in the pubiic educational system.

Present sįtuatįon

146. The Advisory Committee is pleased to note that a total of i8 Sunday schools are

currently being financed by the Ministry of Education and Research to enabie persons belonging to national minorities, including the Armenian, Azen, Ukrainian, Korean, Uzbek and Russian minorities, to study their language andlor culture. These subsidies are provided in line with the Hobby Schools Act of 2007, while additional subsidies may be provided by reievant municipality or city budgets to minority language private schools to cover the costs

of pre-school teachers or teaching aids in line with the Private Schools Act or the Pre-school Child Care Institutions Act.

147, rĄrile there are other options to obtain minority lanņage instruction throuf optional lessons in State schools ('see comments on Article 14 below), the Advisory Committee notes

3l Seę Julia Kovalenko, ENAR Slradclw ReporT 2008, page 16.

http://oms.horus,be/tjles/99935/MediaAr.cirive/rraįiorral/Estonia%20.%20SR7ä202008.pdf

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the concetns of sorne persons belorrging to nationaļ rninonties that tlre classification of Sunday schools as 'hobb1, schools' discourages their being taken seriousiy. Despite this ciassification, howetler, Sunday sclrools must hoļd an education license and tireir teachers need to fulfil ęertairi corrditions before tlrey rnay be eligible to teach at the Sunda5, schools which, according to some rninoritl, representatives, has constituted an obstacle to the establislurent of a Sunda5, scirool.

Rccontnteltdatįon

148. The Advisory Comrnittee encourages tire authorities to continue their support, including financial, to Sundal, schools that enabie persons belonging to national minorities to stud1, tlreir rninority larrguage ol culture in lirre ų,ith tlre Hobb5, Sclrools Act, and to find pragmatrc solutions to tire difficulties eiperienced by sorne cultural associations to. identify suitabļe teachers' At tlie same time, minority language instruction should be further promoted witlrin the State school system, in line with the go\/erĪIment,s intention to make the stud1, 9f different languages, including minority languages, a priority in Estonia.

Article 14 of the Framework Convention

Minorit5, ianguages in secondaņ, education

Recomnlelldatįotls o.f the h,yo prellįot'ts monįtorįllg cycTes

149. In the previous monitoring cycles, the Advisory Committee stressed that reform initiatives in the educational systerr should be carried out in a manner that contributes to the integration of persons beloning to national rninorities but not to their assimilation, inciuding by guaranteeing an adequate level of biiingual secondary education for persons belonging to national minorities. As regards the transfer to Estonian as the main language of instruction in secondaņ, schools, tlre Advisory Committee urged the authorities to pror,ide clear guidance on hou, to invoke exemptions and maintain a minorit), language as language of instruction after 2007.

Present sįtuatįoll

150. Tlre Adr,isor)/ Con.ļĪnittee notes that the deadline for the implerrrentation of tire transfer to Estorrian as the nrain lanņage of instruction has been postponed to tire school year 20ļIl20I2. By therr, all Estoniarr uppel. secondar1, schoois must ensure instructiorr in Estonian in at least 60% of subjects. While five of the subjects to be taught in Estonian are determined at nationaļ levei, tlre retnaitling ones may be ciroseti by the schools. Exemptions are no longer permissible.

151 . While appreciating the explanation that the reform is aimed at increasing the ccllnpetiliveness of )/Oullg Russian-speakers, the Adr,isoņz C]omrnittec ncltes u,ith concenr that tlic tratrsfer to tlte Estottiai lartguage irt al irrcteasirlg rturrrber uf Russiari-language sulrooļs seems to have led already to a decrease in the quality of education offered, as Russian- speaking teachers struggle to teach in the Estonian language. Problerns have particulariy been reported in schools where the transfer came suddenly and without sufficient preparation. There is an urgent need for adequate training of teachers in Estonian for different subjects, in particular for secondary schools,3' to ensure that the quality of education does not suffer

.'- The Advisory Cornmittee was irrformed that the Narva College prępares teachers for basic sclrooļs but does not provide a suitable preparation for teachers of mathematics ol physics at secondary schoois in the Estonian ianguage. A higlļ numbęr of students apparently do not manage to graduate as they camot obtain the sufficient grades in Estonian language examinations.

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further as a result of an excessively strict focus on the lanņage of instruction. Tire Advisor.y Committee was informed by several minorit5, representatives that Russian-langTrage schools have great difficulty in recruiting suitably trained teachers to teach in the State language." The Advisory Committee is concemed by this situation, as the ongoing transfer to Estonian as

the language of instruction without due attention to its impact on the quality of education might raise doubts with regard to its compatibility with the right to education of students studying at Russian-language scļroo1s,.o

152. In full view of the fact that Russian-language secondary schools are often located in remote areas and that it is difficult to recruit quaiified young teachers to these schools, the Advisory Committee welcomes the facJ that young graduates of pedagogicaļ insti.tutes are

being offered additionaļ financial incentives to teach F,stonian in remote Russian-ianguage schools. Howe\,,er, in line with its above concern that the quality of education is an equaĮĮy important preoccupation as the lanņage of instruction and ģven the general ageing of the Russian-language teacher body, the Advisory Committee expects tirat young and qualified teachers will be generally provided u,ith incentives to teach at rurai schools, including if they are teaching in the Russian language. In addition, it is particulariy at Russian-language schools where bilingual teaching competencies should be promoted for teachers of both languages to ensure that the changes in the language of instruction of certain subjects are implemented as smoothiy as possible and that Russian-language schools remain attractive education establishments for Estonian and non-Estonian speakers alike.

153. The Advisory Committee further notes with concern that more and more Russian- language schools are closing as parents decide to send their children to Estonian schools to

ensure that they obtain good-quality education. The Advisory Committee wishes to emphasise that minority langaage schools shouļd have a lower threshold in terms of tlie minimum number of pupils per class than regular schools as they fulfil a specific pubiic function in offering minority Iangaage education and preventing families from having to move to find suitable education for their children. The same safeguard should apply also to Estonian language schools in lda-Virumaa (Viru County), some of which are equally threatened with closure due to ever decreasing numbers of pupils. The Advisory Committee regrets in this context that bilinņal education is not promoted to offer ali pupiis hif academic skills and proficiency in the State lanņage aS well as in Russian - which would not only benefit the competitiveness of young Estonians generally but also constitute an important step towards creating shared social spaces and networking opportunities in an otherwise divided society (see relatecl conrmęnts on Artic]es 6 ancl l2 above).

Recommendatįons

Į54. The Advisol)l Committee strongļy encourages the of education in Russian-Iangaage secondar5, schools does to Estonian as the langaage of instruction. Adequate urg,errtly arrd aįįenįion should be given to errsure tirat benefit.

authorities to ensure that the quality not suffer as a result ofthe transfer teacher training must be provided Russian-lan grage teachers equally

., See also for background: Legal Information Centre for Human Rights Russįan SchooĮs of Estonia' Compendįum of Materįfls, Tallirrn 20l0. 3a Thę Advisoį committee notes in this context research that shows a significant and ilcręasing educational gap

between the ęthnic groups. See K,Lindemam and E.Saar. 2010' Ethnįc inequaTities įn educatįolt and Vetik, R. and Helemae, J. (eds). The Russįan Second Generatįon įn TaļTįnn and Kohtļa-Jell.ve.. The TIES Stuģl įn Estonįa, (IMISCOE Reports).

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155. The Advisory Committee reiterates its recommendation to promote bilingual education methodologies to ensure tirat students from Russian-ianglage schooļs (or Estonian- language scirools in mainly Russian-speaking areas) are provided u,ith an opportunity to continue education in theil own language.

MinoriĘ, languages in primar1, schools

Recomntetldatįotls of the /'_tl,o prellioaLs ntonįtorįng c.1lgļg5

156. ln tire previous monitoring cycles, the Adrrisor), Committee noted that tire role of rrrirrority larrguages in basic Estoniari-lallguage schools ļacked legal guarantees and called on the Estonian authorities to identiflr the obstacles hindering the establishment of optional rninonty language .classes in public schools as provided,fol by amendments to the Basic Schooļs and Upper Secorrdary Sclrools Act in 2003.

Present sįtuatįoll

151. hr line with the above-mentioned legis1ation, sclrools rnust offer at ļeast two hours of optional lessons per week on a language and culture othel than the language of instruction, if at ļeast ten pupils so demand. Unfortunately, hower,er, this option is used oniy ver1, rare7y. The Adrzisory Committee was informed, howerzer, that such additional classes are highly appreciated wlrere offered, such as to pupils belonging to the Ukrainian miriority in Sillamäe and tlrose belonging to the Belorussian minority in i(ohtla-Järve' Reportediy, p1ans are currently being discussed to lower the minimum number of pupils required for the additional minority language classes in order to increase the use of this option.

158. Whiļe recognising the difficulty of identiŅing suitably-trained individuals to teach in minoritS, languages, the Advisory Cornmittee underlines the importance of minority language instruction as a regular component of pubiicil, avaiiable schooiing and welcomes the preparatory courses organised by the Ministrl, of Education and Research for representatives of nationaļ minorities in order to enabie them to teach in schools.

Recomnlelldatįoll

159. The Adr,isoĪ), Committee encourages tire Estonian autirorities to continue and increase theil efforts to proruide opportunities for minority language instruction at State schools, includingb1z ļg1ilgfing the minirrrunr nunrber of pupils necessary to irrstitute optiorral lessotrs. It aiso urges the authorities to find praņnatic solutions to the difficuļties experienced b5, national minority representatives to identif5, suitably-quaiified minority language teachers.

Language immersion programmes

Rccollltl'LcrtcĮatįorls' oI tl,le ly,tl pl.eyįotts lltoltįtol,įltg qlcT,es

160. In the previous monitoring cycles, the Advisory Cornmittee stressed that 'language immersion models' should remain fuli1, yelrn ar\, and should not be undul5, privileged with regards to funding decisiorrs so as to ensure tļrat tire qualit1, of teaching, as u,ell as textbooks and faciļities, in other educational models, are of equivalerrt quality.

Present sįtuation

1'61. Immersion classes have fuither expanded and continue to be intr'oduced in an increasing number of Russian-language schools. Tļre Adr,isory Committee notes that tire general perception in a number of schoois appears to be tirat particularly gtftcd students should be enrolled in immersion classes which has, according to some minority

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representatives, resulted in the weakening of standards in reņiar Russian-lan gLTage classes. in some cases, particuiarly in smaller cities, ianguage immersion classes have, according to

information received by the Advisory Committee, entirely replaced Russian-langTļage classes.

Recommendatįon

162. The Advisor)/ Committee reiterates its position that the ongoing expansion of tire

language immersion nrodeļ rnust not result in disadvantages for other methods of education, including bilingual education, and tirat students and parents should be able to make fiee and

fully.infonned decisions with regards to the education model they wish to foļlow.

Article 15 of the Framework Convention

Consultative bodįes representing nationaĮ minorities

Recommendatįons of the two prellįous molūtorįng qlcĮ,es

163. In the previous monitoring cycles, the Advisory Cornmittee conciuded that further steps should be taken to consolidate the role of consuitative bodies representing national minorities, and that the issue should also be considered in the context of the discussions on the proposed law on national minorities.

Preselū situatįon

164. The Advisory Committee notes that the Presidential Round-Table was abolished and

replaced in 2008 by the Estonian Cooperation Assembly (EKK) under the President, a

cooperation network of 73 non-governmental organisations interested in Estonia's long-term deveiopment. While the membership of the EKI( is very broad (empioyers' and employees' associations, education and youth associations, reliņous organisations, etc.), a Round-Table of Nationalities was founded in May 2010 as part of the EKK with the objective to engage

Estonian inhabitants from different ethnic backgrounds, languages, and nationalities in discussions on important issues of reļevance to society. The members of the Round-Table arę

personaily appointed by the Supervisory Board of the EKK. Their discussions and initiatives ļed to a report with poiicy recommendations to the President, the government and other relevant institutions on hoų, to promote the integration process.

165. While welcoming the above initiative as an interesting contribution to ongoiug integration efforts that may indeed serve to promote mutual respect and co-operation among different ethnic groups, the Advisory Committee notes that members are personally appointed rather than eiected from their own constituencies. Therefore, the Round-Table cannot be considered representative nor can it be viewed as an effective consultation mechanism in the

sense of Article 15 of the Framework Convention. The Advisory Committee further notes that

the Co-operation Assembly has been quite active in the mid-term evaiuation of the Integration Strategy 2008 - 2013.It trotes witlr regret, howevef, tlrat oonsultaįitrrrs clrt tlte draft Stratcgy with minority representatives were apparently conducted only in the Estonian lanņage, thereby limiting the possibility for a number of relevant stakeholders to make their views understood.

166. The Advisory Committee further regrets that the Ministry for Popuiation and Ethnic Affairs was abolished in May 2009, apparently without any consultation u,ith representatives of national minorities. The Advisory Committee iearned about widespread disappointment with this development among the minority communities, as well as some officials, as the

Ministry played an important inter-ministerial co-ordination role with regards to relevant questions directly of concern to large sections of the population and constituted a direct

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contact poirrt for persons belongirrg to trationaļ rninorities witlr tlreir various queries. In addition, the Ministry served an important syrnbolic puņose by attesting to the government,s appreciation of the significance of inter-ethnic issues in Estonia. While tire Advisory Cornrnittee agĪees tļraį a separate Mirristry may not be necessary to serve tlrese puņoses, it regrets that there has apparently been no valid replacement to fill the gap ieft by the Ministry.

I6]. Tlre official resporrsibilit}, ų,i11, r.egards to issues related to natiotral rninorities norņ, lies with the Mirristry of Culture u4riclr, tlrrough its Nationaļ Minorities Cuļtur"al Adr,isor), Council, also constitutes tire rrrairr consuļtative meciranism for persons belongrng to rratiorral nrinorities. Tlre Adr,isoĄ, Comrnittee welconres tire initiative of tlre Mirristry of Culture and ackrrowļedges tlre general leveļ of trust among minonty representatil,es in tire Mirristry' However, the work of the Council appears to be oriented mainiS, towards the development and discussion of neų, culturaļ projects ratirer.than tlre drafting arrd approval of long-term policies, proglaĪnmes and legislation affecting rninonties in Estonia. In this context, the lack of discussion prior to the amendments to the Language Act in February 2011 is a case in point. The Advisory Cornmittee considers that issues related to nationaļ minorities are much broader tlran culture and encompass crucial policies such as education, language, or sociaļ affairs, particularly considenng the specific historic context in Estonia. The Advisory Committee is concerned tļrat there Seem to be no institutionalised charrrrels for minority representatives to discuss these matters with various government bodies.

168. The Advisory Committee weicomes the creation of a Youth Assembiy within tire Mirristr1, of Cuiture where young members of minonty cuļturai associations meet and discuss issues of common concern, including their project initiatives. The Advisory Committee considers this to be a useful initiative that ensures that the important youth sector among minority communities is invoļved and participates in reļęvant discussions, albeit ļimited to the culturai sphere. The Advisory Committee expects that measures u,ill be taken to guarantee that the Youth Assembiy is working in close co-operatiori with similar youth initiatives on behalf of the Estonian majority population so that opporfunities for a shared social space are offered and gaps betweeu the two reduced (see also comments on Article 6 above).

Recolnnteltdatįon

169. The Advisory Committee strongly encourages the Estonian authorities to expand their consultatiott sįruotures for minority representatives beyond the cultųral sphere and ensure an effective opportunity for persons belonging to national minorities to participate in public affairs and take active part in alļ decision-making plocesses affecting them.

Effective participation in economic Tife

Recomnteltdftįolts o.f the t'wo prevįous monįtorįltg qlgT,ę5

ļ]0. irr the previous monitoring cycles, the Adr,isory Corrrrnittee fourrd tlrat unemployment affected disproportionately persons belonging to nationai minorities in lda-Virumaa (Viru County) and elseų,here and urged the gol,ernrnent to counter this plrenolĪrenon decisively by launclring regional der,eļopment initiatives and measures to figl,t direct and indirect discrirnination in the labour market. It fuitirer reconĮmended t1rat recruittrrent of qualified persons belonging to uational rninorities into public service throughout Estonia be enhanced.

Present sįtttftįoll

111'. The Advisory Committee notes that unemployment figures fol ethnic Estonians and non-Estonians alike decreased substantially from 2005 to 2008 but wele then seriously affęcted by the world economic crisis, It further notes that the proportion of employed and

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unemployed between the two gloĮlps has not significantly altered,3S However, it is of some

concern that relevant research has identified a trend towards the accumulation of advantages

for ethnic Estonians over non-Estonians in the labour market, making Estonians significantly less dependent on fluctuations in labour market conditions.36 This observation also matches

the finding that Estonians are statistically significantly more likely to make positive career

filoves and access managerial positions than non-Estonians.3? The Advisory Con'rmittee is

pleased to note, howevet, that the wage gap between the two ņoups Seelns to be decreasing.

112. In addition to the above research, the Advisory Committee learnt of persistent

anecdotal erridence presented by its interlocutors that non-Estonians still face significant

disadvantages in the labour market at all lerrels, that are not only reiated to their language

abilities but are more deep-seated' The Advisor)r Committee is concerned about the

perception of even highly trained professionals with Estonian citizenship and perfect Estonian

language abilities thatthere is a'giass ceiling' in terms of professional development for them

in Estonia tirat is due to their ethrric background (see aļso related commgnts under Article 4

above). In this context, the Advisory Committee acknowledges the explanation offered by

some interlocutors that the persistent emploSrment gap between ethnic Estonians and non-

Estonians is also due to the different social networks that exist and extend into professional

life, and welcorres the initiatives of the Ministry of Social Affairs in this regard, aimed at

closing the gap between Estonians and non-Estonians in the labour market in order to promote

j oint networking opportunities.

ļ73. .With regards to the situation in ida-Virumaa (Viru County), the Advisory Committee

notes that the former įrdustriaĮ border-region ų,ith the Russian Federation, where

unempToS.,rnent has been high for many years, has aiso particularly suffered from the global

,e""*,io,,. With the situation now beņruring to improve, it is crucial to ensure that adequate

regional development initįatives are iaunched to alleviate the lack of necessary infrastructure

and employrnent opportunities in the region which is mainly populated by persons belonging

to national minorities. Special measures should aiso be put in place to support in a gender'

sensitive way men as well as women belonging to national minorities in their search for

employment.3s

Recommendatįons

114. The Advisory Committee urges the authorities to redouble their efforts to address the

still clisproportionately high unemplo;.rnent rate among persons belonging to national

minoritiās ihroughout the country. Perceptions that ethnic Estonians are the preferred

candidates, irrespective of qualification or language ability, must be countered vigorously to

ensure that persons belonging to national minorities feel encouraged to partictpate effectively

in economic life and feel motivated to enter and remain in the labour market.

ļ15. The Advisory Committee further encourages the authorities to use the ongoing

economic recovery as an opportunity for targetecl clevelopment initiatives in the particularly

35 According to irrformation provided by the Ministry of Social Affairs during the coTļntry visit, 3,6% of

Estonians were unemployed in 2001 comparęd to 6,gyo of non-Estonians; irr 2009, thęse official figures had

increasęd to ylYo of unemployment among Estonians and 19% of non-Estonians. Among non-Estonian young

males, the unemploymęnt irr 2010 lies at34,9%o, 36 See Estoniani vs non-Estonįans įn the Estonįan Tfbour market, Presentation made b1. Jeļena Helemäe, IISS

Tallinn University to the ACFC delegation on 14 September 2010. 3' See also Jeļena Heļemäe and Eļlu Saar, Estonian Way of globalisation. Globaiisation in Estonia as

advantageous for youngsters and ethnic Estonians. Trans Europe Working Paper No. 9 (2009). ,, S"" uiso ACFC Commentary No.2 The Effective Participation of persons belonging to natįonaĮ mįnorįtįes įn

cuTturaļ, socįaT and economįc Tife and in pubTic affail,s (2008),

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disadvantaged reģon of lda-\zirumaa (Viru Courrty) wlrich is populated in rrrajorit1, by persons belonging to national rrrinorities.

Language proficiencv requirements in employment

Rccotlmlendatiolls q[: tt,, tulo prcvįous lltoltįĮorįng c'vcTes

176 Įn the prertious nronitoling cycles, tile Adl,isory Cornrnittee stressed trr*at larrguage proficierrcy requirenrerrts slrouid be applied onl1, ųlļ1ę1. necessar)/ to protect a public interest and shouid not be pursued through an overil, proscriptive approach by the Language Inspectorate o: otlrers invoļved. It further ĪecoĪrunendęd that the suitability of exīsting requlrernents sirouļd be rel,iewed in each irrdividuaļ sectot. of employment to ensure that tlre requirements,are realistic, clear and proportionaļ to,the aim pursued, and that they do n,ot unduly lrinder access of persons belonging to nationaļ minorities to emplo5nnent and their participation in economic life.

Present sįtuatįotl

177. The Advisory Committee regrets that the ianguage proficiency requirements were not substantially reviewed in the course of the amendments of the Langtage Act. Based on its discussions with relevant authorities, it had expected that more flexibiiity would be introduced in the regulations to ensure that the requirements are, in all cases, proportional to tire legitimate aim pursued. in this regard, particular attention must also be paid to the regional context. The Advisor), Committee noted that the rrajority of civil servants encountered during the meeting with the lda-Viru County govefilment authorities were reportediy ethnic Estonians despite the fact that ovel 90% of the population in the region is of Russian background. In such locations, u,here tire vast majority of the population speaks Russian, appropriate attention sliouid be paid to the Russian-language abilities of civil servants and health personnel, as well as to the adequate representation/inclusion of persons belonging to national minorities alnong civil servants, health professionals and in other public offices. Estonian Ļangttage proficiency requirements should be viewed flexibty and with due attention paid to their actual relevance in daily work. Indeed, the Advisory Committee is concerned that in lda-Virumaa (Viru County), Russian-speaking health professionais, for instance, are less and less available which constitutes a growing concern for tire ageing population in that region.

178. Tire Advisof)/ CorrļĪnittee was informed that Russian-language abilities are not valued as an advantage in recruitment proceedings for the civil service, even in sectors where Russian is traditionally used widely, such as the health sector, social services, and the judiciary. The Advisory Committee considers that the Estonian language proficiency requirements shouid not prevent suitably-quaļified persons belonging to national minorities arrr1 offering otlrer itrņottarrt lattguages for certain regions frclrn being rccruitcd into thc civil sen,ice. Once recruited, they may enrol in advanced language classes to perfect their proficiency of tlie State ianguage.

Recommelldatįolls

179. The Advisory Committee strongly encourages the authorities to ensure that language proficiency requirements are applied proportionately to the pursued aim, and that some flexibiiity is introduced, particulariy as regalds regional specificities.

180. The Advisory Committee further recofirlnends that recruitment procedures fol tire public service, particularly in regions traditionally populated by rninority communities, are not focused on the State language proficierrcy of candidates. Professionaļ qualification and

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ACFCIOP/III(201 1)004

other language abilities of candidates belonging to national minorities must be duiy taken into

accounr ro ensure opportunities for them to enter the labour market in conformity with Article 15 of the Framework Convention.

Articles 17 and 18 of the Framework Convention

Transfrontier contacts

Recommerldatįolls of the hl'o prevįous monitoring 7lcĮes

i 81. in the previous moriitoring cycles, the Advisory Committee encouraged the authorities to eontinue introducing initiatives to facilitate cross-border contacts between Estonia arid the

Russian Federation and involving persons belonging to national rninorities in relevant

bilateraļ initiatives.

Present sįtuatįon

182. The Advisory Committee appreciates the continued efforts made by the authorities to

promote good neifbouriy relations with the Russian Federation and introduce neu/ initiatives to facilitate cross-border contacts. in this regard, the Advisory Committee considers that a co-

operation agreement with the Russian Federation with regard to the mobility of workers in the

wider Narva region would be of particular benefit to persons belonging to national minorities, particularly in the fieid of social security.

Recommendatįon

183. The Advisory Committee encourages the authorities to continue their efforts in promoting transfrontier contacts between Estonia and the Russian Federation and consider the

possibility of a bilateral co-operation agreement regarding the mobility of workers in the

wider Narva region that would clarify the social security situation for persons who work in one country but reside in the other.

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Til. CONCI-USIONS

184. The Adrrisory Committee considers that these concluding rernarks migirt serve as the basis for the conciusions and recomfirendations to be adopted by tire Cornmittee of Ministers in respect of Estonia.

Positive developments at the end of the fwo prer.ious monitoring cycles

185. Estonia has rnaintained a generalll, positive approacii towards tire Framework Couventiotl and its monitonng system. The orrerall clirnate between etinic Estonians and non- Estonians iras significantly improved or,er the years. Estonia,s Tegal frameworļi related to the protection of national minoritres fonlally still excļudes the irigii number. of, iong-terrn residents witirout citizenship. However, apart frorn the siņificant rilht to stand in elections or vote in parliamentary elections, non-citizens beionging to national minorities enjoy effectively equal access to rights protected under the Framework convention.

186. The Equal Treatment Act, which entered into force in January 2OIO, provides protection from discrimination on the grounds of nationaiity,race, colour, reliion or other beliefs, age, disability and sexual orientation. The cornpetencies of the Gender Equality Commissioner were broadened to cover complaints of discrimination based on these grounds. Reļated awareness-raising campaigns among the public as well as training actir,ities with reļevant civil servants are in preparation' A new Estonian Integration Strategy (2OO8 - 2013) was prepared by the government ų,hich declares integration as a two-way pIoceSS affecting society as a whole.

I87 , The number of stateless persons has considerably decreased since tļre last monitoring cycle. The autļrorities have made commendable efforts to facilitate the naturalisation of minors under the age of 15.

188. Two national minorities (the Ingrian-Finnish and the Swedish) r'eceive baseline funding in iine with the Nationaļ Cuļtural Autonomy Act. other minority cultural centres have access to substantial project-based fuirding for their cultural initiatives via the Ministry of Culture as well as the Integration Foundation.

189. The authorities have made considerable efforts to increase the proportion of radio and TV prograĪĪuĪles interrded for Russian-speakers and those persons speaking otirer languages. Available budgets have also been increased.

190. Concerted efforts have been made in the prevention and treatment of HIV/AIDS that have benefitted large numbers of persons belonging to national minorities, and have led to the containment of the epidemic įr the country.

Issues of conccrn at the end of the two monitoring cycles

191' The Office of the Gendel Equaiity and Equal Treatment Commissioner has not received any increase in support following the broadening of its tasks and is seriously under- resourced. So far, oniy feu, etlmicity-based complaints have reached the office, as there appears to be insufficient knowledge of its new responsibilities among persons belonging to national minorities as weļl as witlrin ļau, enforcement sen,ices and the judiciary, particularly in remote areas,

192. The Estonian Integration Strategy appears focused on non-Estonians and efforts to increase their State language capacity, but does not contain conctete meas];res airned at promoting more openxess of ethlic Estonians towards dirrersity in societv.

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ACFC/OP/ĪĪI(2011)004

1g3. The number of stateless persons still remains at over 100,000 and the rate of naturalisations per year has been decreasing since 2005. Whiie significant progress has been

made with regards to the naturalisation of minors, the non-availability of free Estonian

language classes to prepare for the citizenship examination is cited as an irnportant reason for

the decrease in natuialisations of adults, particularly the elderly.

Ig4. Minority lanņage pnnt media appears to be rapidly decreasing. Significant parts of the minority readership are no longer using local print media but have been orientated towards'

foreign media instead' Tlre translation requirement concenring .foreiņ language' broadcasts

into Estonian rernains unchanged. The few bilingual options appear to offer different sets of news and perceptions

'to their respective readelsirip and there is continued negative

stereotņing of minonties in some media with hannful effects on sociaļ cohesion.

1,g5. Amendments to the Langtage Act were adopted in February 2011. There was no

comprehensive consultation with minority representatives and none of the numeroļ,Ts

international recommendations for a more balanced promotion of the State language while

fully guaranteeing the linņistic rights of persons belonging to national minorities were taken

into account. The Lanņage Inspectorate still foliows a strictly reņlatory approach, imposing

fines that are sometimes considered disproportionate. In addition, some of the requirements

for State language proficiency in professional occupations appear not to be proportionate to

the legitimate aim pursued and more flexibility should be used in their application,

particuīarly as regards the areas where the majority of the population speaks Russian. The

įhreshold for using a minority |angtlage in relations with local authorities, set at 50%, is

excessive and applied without flexibility. Knowledge among the population in lda-Virumaa

(Viru County) about possibilities to introduce parallel place names in Russian appears very

iimited.

196, While the Estonian integration Strategy acknowledges the siņificance of education as

a tool for integration and mentions the importance of culturai diversių, in the schooi curricula,

there are insuffīcient multicultural elements in the curricula and textbooks; integration

activities of schools centre mainiy on the promotion of State language skills of non-Estonian

pupils. The transfer to Estonian as the main language of instruction in secondary schools

continues to be impiemented despite the fact that many schools and teachers are not

sufficiently prepared for this change and are reportedly experiencing a significant loss in the

quality of education offered.

lgl. The National Minorities Cultural Advisory Council under the Ministry of Culture

constitutes the main consultative mechanism for persons belonging to nationaļ minorities,

There appears to be no institutionalised channel for minority representatives to discuss with

relevani lorr"*-.rt bodies important issues of concern that are not related to culture. The

recentiy-created Estonian Co-operation Assembly which appoints members of its Round-

Table of Nationalities does not represent the views and concerns of persons belonging to

minoril,y corltmutrittęs.

198. The unemployrnent rate among non-Estonians is stitl disproportionately high

compared with that among Estonians. There are perceptions among non-Estonians that ethnic

Estonians are the preferred candidates irrespective of qualification or language ability' The

region of lda-Virumaa (Viru County), which is predominantly populated by non-Estonians,

has been particularly affected by the economic crisis.

Recommendations

1gg. in addition to the measures to be taken to implement the detailed reconlmendations

contained in Sections I and II of the Opinion of the Advisory Committee, the authorities are

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ACFC/OP/III(201 1)004

invited to take the following measures to improve furtirer the irnplementation of tire Framework Convention:

Issues for immediate action3e

promoting the State langrrage ų,hile ensuring the rights of persons belonging to national minorities to speak and use their languages in public, aįso in relations with local authorities; favour a poTic1, of incentives over punitive methods with regards to the implementation of the Language.Ąct' as amended in Februar7,20-!'t;

instruction in Russian-language schools is implemented gradualll' and with due regard to the qualify of education offered įn Estonian as well as Russian language; expand the availabiTifi, of reĮevant teacher training courses including as regards biTingual and multicultural education ;

mechanisms for persons belonging to national mįnorities beyond the culturaļ sphere; ensure that mįnorit1, representatives are involved in and have a substantial impact on all reler.ant processes of decįsion- making affecting them.

Other recommendationsao

Gender Equality and Equal Treatment Commissioner and ensure that awareness of its responsibilities is raised among society at Įarge arrd

relevant public services throughout the country;

Estonian Integration Strategy, and that initiatives that create cofirmon social spaces and networking opportunities between ethnic Estonians and non-Estonians are enhanced, focussing in particular on promoting openness towards diversity among the majority population;

media and further promote Russian-iang'Jage broadcast and print media, particularly as regards locally-produced nelĀ/S; reconsider the translation requirement of the rnedia and develop, in consuitation with minonty representatives, more appropriate means to ensuring a diverse but shared media space for the entire Estonian society;

constructive dialogue with minority representatives on language-related derrelopments;

39 Thę reconrmendations below Convention. ao The recommendations belo'"r,

Convęntion.

iistęd iri tlrę ordel of the corresponding articles of the Frameų,ork

listed in the order of the corresponding articles of the Framework

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ACFC/OP/ilI(20i 1)004

Expand opportunities to introduce rninority language place names,

including in script other than Lattn, and ensure that relevant minority communities are aware of their rights in this respect,

Ensure.tirat more inter-cultural elements are introduced in thę school curricula and expand opportunities for bilinņai education to increase opporfunities for contacts between the ethnic Estonian and non-Estonian communities;

Combat vigorously perceptions about ethnic Estonians being favoured in the labour market in order to ensure that persons belonging to nationaļ minorities feel motivated to enter and remain in the Estonian labour market; create targeted development initiatives in the particularly disadvantaged region of lda-Virumaa (Vin: County).

44