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30. The Language Act defines particular requirements for proficiency and use of Estonian
language. Although these requirements were reduced after amendments to the Act, they still
include a number of areas, including: (i) public servants and employees of state agencies
(national or local) “must be able to understand and shall use Estonian at the level which is
necessary to perform their service” (§ 5.2); (ii) employees of companies, non-profit associations
and sole proprietors in industries that offer goods or services and forward information also must
have the adequate level of Estonian to perform their duties “if it is justified in the public
interest”. Three levels of proficiency are defined by the Act: basic, intermediate and advanced,
which are tested through language proficiency examinations organized by the State. Language
requirements for naturalization only demand a basic level of proficiency. The skill requirement
must be substantiated and proportionate to the aim pursued by the person.
31. In local governments where the majority of permanent residents belong to a national
minority, the language of the national minority may be used alongside Estonian as the internal
working language, subject to a request by the municipal council and approval of the Government
of the Republic (§ 11). Communications with state agencies and other local governments,
however, are required to take place in Estonian (§ 12). This same principle is valid for cultural
autonomy bodies of national minorities.
32. Supervision of the Language Act is carried out by the Language Inspectorate, a
governmental body created in 1991. The Act further establishes that violations to its provisions
are subject to administrative liability. In his meeting with the Director of the Language
Inspectorate, the Special Rapporteur was informed that the Inspectorate focuses its supervision
activities primarily in the public sector, but also monitors private companies that have direct
contact with customers. He further added that the main objective of the Inspectorate is not to
prohibit the usage of foreign languages, but rather to guarantee the usage of Estonian. In
particular, the main motivation behind the creation of the Language Inspectorate was to restore
the position of Estonian language in society, reversing the Soviet policy that was centred on the
need to promote the Russian language among Estonians.
33. The Director of the Language Inspectorate also explained that the Inspectorate regularly
visits public and private institutions in order to assess whether the language level of employees is
compatible with the requirements of their position. Whenever a person who works in a position
that demands a certain level of proficiency in Estonian fails to meet that requirement, the State
covers the costs of the language courses that are required to the person to be reassessed.
Language oversight in regular establishments is in the vast majority of cases pre-scheduled with
one moth in advance (one year for schools). Only in limited cases can the oversight take place
without previous warning.
4. Law on cultural autonomy of national minorities
34. The particular cultural autonomy rights of national minorities are established by the Law
on Cultural Autonomy of National Minorities. In the Law, national minorities are defined as the
citizens of Estonia who “reside on the territory of Estonia”, “maintain longstanding, firm and
lasting ties with Estonia”, “are distinct from Estonians on the basis of their ethnic, cultural,
religious, or linguistic characteristics” and “are motivated by a concern to preserve together their
cultural traditions, their religion or their language which constitute the basis of their common
identity”. The Law further establishes that “national minority cultural autonomy may be