6.
In 1991, when Estonia regained its independence, citizenship was extended only to the
citizens of the pre-war Estonia and their descendants. As a result, as much as a third of
Estonia’s population (the Soviet-era settlers) became stateless, including many who
were born and had lived since birth in Estonia. According to UNHCR’s global population
statistics, as of mid-2014 – almost a quarter-century after independence – there were
still 89,533 stateless persons in Estonia.1 Those affected in this manner are known
within the Estonian legal system as “persons with undetermined citizenship”
(määratlemata kodakondsusega isikud) and enjoy a stable legal status and broad range
of rights. Nevertheless, they face restrictions in respect of certain rights, in particular
those relating to political participation. This submission offers information in respect to
measures that have been taken to address the situation of persons of undetermined
citizenship, as well as the broader framework relating to other cases of statelessness
that may arise in the country.
The Universal Periodic Review of Estonia under the First Cycle
7.
On 28th March 2011 Estonia was subject to the First Cycle of the Universal Periodic
Review. During this review Ecuador recommended that Estonia “Resolve the problem
of persons without citizenship, and prevent such cases from arising in the future”.
Estonia accepted this recommendation, indicating that it had been examined by and
enjoyed the support of Estonia. Since 2011, the country has indeed taken considerable
steps to prevent new cases of statelessness and some measures to improve access to
citizenship for those currently affected by statelessness. The details of this progress, as
well as a number of outstanding issues, are presented below.
Estonia’s International Obligations
8.
Estonia has ratified most core international human rights treaties, including the
International Covenant on Civil and Political Rights (ICCPR) and its Optional Protocols,
the International Covenant on Economic, Social and Cultural Rights (ICESCR), the
Convention on the Elimination of all forms of Racial Discrimination (CERD), the
Convention on the Elimination of all forms of Discrimination Against Women (CEDAW),
the Convention on the Rights of the Child (CRC), the Convention Against Torture and
other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) and the
Convention on the Rights of Persons with Disabilities (CRPD). Estonia has made no
reservations to the articles that relate to the right to nationality in any of these
instruments. Nevertheless, Estonia is not a party to any instruments dealing specifically
with statelessness. It has not acceded to the 1954 Convention Relating to the Status of
Stateless Persons, the 1961 Convention on the Reduction of Statelessness or to the
European Convention on Nationality.
Estonia and Statelessness
1
UNHCR, Mid-Year Trends 2014, available at: http://www.unhcr.org/54aa91d89.html.