A/HRC/7/19/Add.2
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VI. RECOMMENDATIONS
85. State authorities in the executive, legislative and judiciary powers should constantly
reaffirm their political will and commitment to fight all forms of racism and
discrimination. In particular, they need to be proactive and vigilant concerning the new
challenges that arise from growing migration, multiculturalism and the dynamics of
identity transformation. It is especially important to firmly condemn any racist or
xenophobic action or discourse, including by political parties and the media.
86. Through its close interaction with its neighbours throughout the centuries, Estonia
has developed a societal basis of tolerance and multiculturalism that still exists in the heart
of its society. State authorities and civil society should build on these plural traditions to
strengthen all actions against racism and discrimination and to promote a democratic
multiculturalism that will be central to include new minorities into the Estonian society.
87. In what concerns the legal framework to fight racism and discrimination, despite the
existence of separate provisions in different legislation, including the general principle of
non-discrimination enshrined in the Constitution, the Special Rapporteur recommends
that the Government adopt national holistic legislation covering all forms of discrimination
in a comprehensive legal act. It is particularly important that this legislation be precise in
terms of the punishment and prosecution of racially motivated crimes and incitement to
racial hatred. This would complement the relevant legislative basis that already exists in
Estonia and, most importantly, ensure that no protection gaps remain.
88. The Special Rapporteur recommends that the Government develop best practices and
general guidelines for the prosecution of cases of incitement to racial hatred and racially
motivated crimes, developing clear criteria for the threshold of evidence that is required to
be presented and for the investigative conduct of law enforcement officials. Whilst
developing these guidelines, the Government should bear in mind the need for the
prohibition of incitement to racial, religious or ethnic hatred established by Articles 151
and 152 of the Estonian Penal Code, Article 20 of ICCPR and Article 4 of ICERD.
89. The Government should further strengthen the capacity of the Chancellor of Justice,
including in terms of financial and human resources, to act on allegations of racist crimes
and incitement to racial, ethnic or religious hatred. To complement the role of the
Chancellor of Justice, the Special Rapporteur recommends that the Government put in
place an independent institution entrusted with a mandate to fight discrimination. Rather
than duplicating the role of the Chancellor of Justice, this institution would be responsible
for linking the fight against discrimination with the active promotion of multiculturalism
as the long-term solution to all forms of discrimination.
90. In what concerns the issue of statelessness, the Special Rapporteur recommends that
Estonia accede to the 1954 Convention relating to the Status of Stateless Persons as well as
the 1961 Convention on the Reduction of Statelessness. Such a decision would strengthen
the protection of minorities in Estonia and highlight the Government’s commitment to
finding an equitable solution to the problem.