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legitimate state. The Prime Minister emphasized the importance of developing a common
understanding of history among the different communities living in Estonia.
50. In this regard, the Special Rapporteur received the information that an Institute of Memory
was established on 1 February 2008 by the President, which will look into the human rights
violations committed in the country in the period 1944-1991. According to the government, the
aim of the Institute is to better understand the past, in a manner that is not politicized, in order to
cope with the present.
51. Apart from the issues related to citizenship and integration of the Russian-speaking
minority, the Special Rapporteur also focused on the problem of mounting racist violence,
particularly by extremist groups, some of which were believed to be active in Tartu. In this
regard, the Ministry of Interior emphasized that the existing legislation already contains all the
necessary provisions for law enforcement officials to prosecute cases of racist crimes, making
particular reference to the provisions in the Penal Code concerning genocide, incitement to
hatred, discrimination and freedom of religion. The Minister of Justice also emphasized the
Government’s commitment to tackle this problem, underlining that many foreign groups have
attempted to organize extremist activities in Estonia, but have been under constant surveillance
by security forces. In response to the Special Rapporteur’s inquiry on whether there is a need for
new provisions qualifying racism as an aggravating factor for racially motivated crimes, the
Minister expressed the view that this particular issue is already covered in the Constitution and
the Penal Code.
IV. VIEWS OF CIVIL SOCIETY AND COMMUNITIES CONCERNED
A. Concerns in response to State policies and measures
52. Representatives of civil society, minorities and victims of discrimination, conveyed their
strong perception that there are several expressions of racism and discrimination within the
Estonian society. Despite the different concerns expressed by each particular community, a
common threat that was distilled by the Special Rapporteur regards the policies designed to
strengthen and reaffirm a core Estonian identity, which are viewed as an attempt to suppress the
diversity and distinctiveness of their own particular identities. These identity tensions are directly
reflected in issues as distinct as language, citizenship and intolerance, which were highlighted by
representatives of all minorities.
53. Civil society considers that there is a weak institutional framework as well as a lack of
political will to revisit issues of language and citizenship, which in they view are the major
obstacles for the full protection against racism and discrimination. One of the main mechanisms
of consultations with minorities, the President of the Republic’s Roundtable with Ethnic
Minorities, was seen as ineffective by most of the interlocutors in civil society. In particular, the
recommendations that were debated and formulated in the meetings of the Roundtable were seen
as merely formal commitments, with no concrete effect on policy.
54. The Special Rapporteur has identified three main groups that are vulnerable to racism,
discrimination and xenophobia in Estonia, who nevertheless face distinct problems. The Russianspeaking minority, particularly ethnic Russians, is mostly affected by the problem of
statelessness as well as language restrictions. The Roma community and non-European