HUMAN RIGHTS COMMITTEE COMPLETES REVIEW OF REPORT OF ESTONIA

Human Rights Committee
77th session
21 March 2003
Morning




The Human Rights Committee completed this morning its consideration of a second periodic report of Estonia, hearing a Government delegation respond to questions on prison conditions, a decline in the national population, and other matters.
Formal conclusions and recommendations on the report will be issued before the Committee closes its three-week spring session on 4 April.
The Estonian delegation said among other things that there was currently no overcrowding in Estonian prisons - that prison capacity had not dropped after the closing of the country's central prison, but had risen. Moreover, the number of pre-trial detainees had decreased, the delegation said.
On the subject of the declining population of Estonia, a member of the delegation said that the most recent Census had calculated the total population, regardless of nationality or language, and while a decline was evident, such a trend also had been remarked around Europe. Of concern was the still-high number of abortions, though the number had been less than the number of live births in 2002. Moreover, the number of abortions per thousand women had dropped from 70 to 37, the official said. The delegation said it was hoped that education programmes would continue to reduce the rate of abortion.
In further questioning, Committee Experts raised the issues of Estonian policies on compulsory military service, immigration and nationalization, and sought information on the independence of the judiciary.
As one of 150 States parties to the International Covenant of Civil and Political Rights, Estonia must submit periodic reports to the Committee on efforts to implement the standards contained in the Convention.
The Committee will reconvene in public session at 10 a.m. Monday, 24 March, to begin consideration of a third periodic report of Luxembourg.

Discussion
Continuing its response to written questions submitted by the Committee on education and training concerning the Covenant and on human rights in general, a member of the delegation said that in 2001, seminars on human rights had been organized for police officers by the Ministry of Internal Affairs. The subjects of these seminars included the protection of human rights, family violence, the protection of human rights in Europe and in Estonia, and humanitarian affairs and human rights. The training of judges was based on general strategies, annual training programmess and a programme for the examination of judges. In May 2002, Estonian judges had attended a two-day universal training course on human rights.
In addition, cooperation projects had been started between the police and social workers, the Estonian delegation said, with the purpose of preventing violence against women and helping victims. Among other initiatives, Estonia was preparing a joint project, the "International Violence against Women Survey", promoted and launched by the United Nations Interregional Crime and Justice Research Institute, the European Institute for Crime Prevention and Control, and Statistics Canada.
Responding to questions put by the Committee at its meeting Thursday afternoon, the delegation said that on the subject of prison overcrowding, there was no overcrowding in Estonian prisons today. The capacity of Estonia's prisons had not dropped after the closing of the central prison, but had risen. Moreover, the number of pre-trial detainees had decreased. With regard to the use of firearms when stopping women or children detainees from escaping, while it was not prohibited, there had been no instances where firearms had been used to stop such detainees. The carrying of firearms within prison premises was prohibited, unless by special dispensation of the Minister of Justice.
On the subject of the position of the Legal Chancellor, a member of the delegation reiterated that the position was subordinate only to the Parliament. The Chancellor was elected for seven-year periods and could only be removed if convicted of a criminal offence. During his tenure, the Chancellor was prohibited from holding other office and from participating in political parties. His staff included 35 persons in the central office and three in the newly established regional offices.
According to Estonian law, the delegation said, the Legal Chancellor presented yearly reviews to Parliament on the conformity of Estonian legislation with the Constitution and on his activities in the role of Ombudsman. The Chancellor reviewed the legislative acts of national and local governments for conformity with the Constitution and other Acts. In this process of constitutional review, it was the right of the Chancellor to make a proposal to bring legislation into conformity with the Constitution within 20 days; he made the relevant recommendation to the legislative body that had passed the law concerned. If no action was taken, the Chancellor could appeal to the Supreme Court to have the legislation repealed.
In reference to questions posed concerning the Estonian Mental Health Act, which allowed for involuntary psychiatric treatment for a period up to 14 days, the Government delegation acknowledged that the Estonian Psychiatric Association and patient's rights groups had lobbied for the decision for involuntary treatment to be submitted to administrative courts within a period shorter than 14 days. This would increase the workload of the courts but also remove decision-making power from doctors. It was also acknowledged that the lack of participation by those involuntarily committed in the judicial review process should be reviewed. There was a draft Patient's Rights Act currently before the Parliament.
With regard to issues of discrimination against women, the delegation acknowledged that differences between the status of men and women in the workplace continued to exist, but noted that the presence of women in higher-level business and political posts was increasing. Estonia continued to participate in an International Labor Office (ILO) program designed to create "more and better" jobs for women. Yet women still continued to receive lower salaries for equal work.
On the subject of the declining population of Estonia, a member of the delegation said that the most recent Census had calculated the total population, regardless of nationality or language. The declining population was a matter of concern, but the trend had been remarked across Europe. For the first time in ten years, the number of births in Estonia had exceeded the number of deaths in 2002.
In reference to abortion rates, the delegation said that although the number of abortions was still high, the number had been less than the number of live births in 2002. Moreover, the number of abortions per thousand women had dropped from 70 to 37. State information campaigns providing information on safe and effective contraception had been started, while sex education and family planning education was provided in secondary schools. It was hoped that these efforts would have an impact on the abortion rate in future.
Responding to a second round of oral questioning, the Estonian delegation said among other things that the Ministry of Justice's role in administering Estonian courts was largely concerned with budgetary issues. The President of Estonia was responsible for the appointment and dismissal of judges for first and second instance courts, while members of the Supreme Court were appointed and released by the Parliament.
Concerning conscientious objector status, the delegation said alternate service was in no way considered punitive. The longer time of service was a result of the determination that alternative service had proved easier than military service.
On the issue of the use of non-Estonian languages, the delegation said thata knowledge of Estonian was considered of prime importance for full participation in Estonian life. Under Estonian laws, the only official language was Estonian and while dispensation for the use of second languages could be granted, such languages must be used in conjunction with Estonian as the official language. The Government did not send back or throw away letters and petitions received in Russian; however, responses were provided in Estonian. On the issue of signage, Estonian signage was required, but the Government did not prohibit signage in second languages alongside Estonian.
With regard to foreign language instruction in the formal education system, the delegate said second language instruction was required, but that the choice of language was determined both by the school and the student. Many had chosen to learn English over the past ten years, but the popularity of Russian as a second language was increasing again.
On the subject of Estonian policy on immigration and asylum-seekers, a member of the delegation affirmed that determinations of "safe country" status were made on a case-by-case basis. Applicants for asylum always received notice of the decision on their status in writing. Furthermore, the Estonian Government encouraged the naturalization of children of stateless persons, for the benefit of the children.

Preliminary Remarks
Formal responses and recommendations on the report of Estonia will be issued towards the conclusion of the Committee's three-week session on 4 April.
ABDELFATTAH AMOR, Chairperson of the Committee, said that, while areas for concern still existed, there had been considerable progress in developing Estonian legislation over the years to ensure the protection of human rights. For example, the death penalty had been abolished and Estonia had announced its intention to become a State party to the Second Protocol to the International Covenant on Civil and Political Rights. Other areas of concern that had been highlighted including, among other things, Estonian efforts to advance the protection of women from discrimination and Estonian policy on immigration and asylum-seekers, as well as the naturalization of stateless persons.



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