Estonia: Information on whether the children of Russian military officers would have difficulty obtaining Estonian citizenship or a residence permit as per Article 16 of the resolution on the application of the Estonian citizenship law
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 February 1994 |
| Citation / Document Symbol | EST16647.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Estonia: Information on whether the children of Russian military officers would have difficulty obtaining Estonian citizenship or a residence permit as per Article 16 of the resolution on the application of the Estonian citizenship law, 1 February 1994, EST16647.E, available at: https://www.refworld.org/docid/3ae6ab857c.html [accessed 23 October 2022] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Article 16 of the Estonian Citizenship Law Implementation Act denies citizenship to "persons who have been in the employment of the security and intelligence organizations of the [USSR]" (Department of State Dispatch 31 Jan. 1994). Article 12 (4.7) of the Law on Aliens, which was passed by the Estonian parliament in early July and came into effect on 12 July 1993, states that residency permits will not be given anyone
who has served in a career position in the armed forces of a foreign state or has entered the reserve forces or retired from a career position...nor to his her family members, who have entered Estonia in conjunction with the service or retirement of a member of such armed forces (Eesti Ringvaade 21-24 Nov. 1993; Helsinki Watch, Oct. 1993, 21, 10; Department of State Dispatch 31 Jan. 1994.).
Section (5) of Article 12 provides for residence permits to be granted to such persons in exceptional cases (Helsinki Watch Oct. 1993, 21; Eesti Ringvaade 21-24 Nov. 1993). The law extends the validity of old Soviet residence permits (propiska) for two years, by which time foreigners must obtain an Estonian residence permit (ibid.; RFE/RL 24 Sept. 1993, 9). According to RFE/RL, the effect of these provisions will be that "thousands of former Soviet Army officers who have retired in Estonia will face expulsion" (ibid.).
An Estonian government decree of 23 November 1993 established a commission to examine the cases of about 40,000 retired Soviet military personnel and their families and forward an "evaluation" to the government, which would then decide on whether to grant a residence permit under Article 12 (5) of the Law on Aliens. Retired military personnel and their families must apply to the commission for residence permits by 12 July 1994 (The Baltic Observer 3-9 Dec. 1993; Eesti Ringvaade 2-5 Dec. 1993).
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Department of State Dispatch [Washington]. 31 January 1994. "Estonia Human Rights Practices, 1993." (NEXIS)
Eesti Ringvaade. 2-5 December 1993. "The Government Forms Commission to Handle Residence Permits for Retired Russian Military."
. 21-24 November 1993. Issue No. 130-1. "The Government Allows Retired Soviet Military to Apply for Residence Permits."
Helsinki Watch. October 1993. News from Helsinki Watch. Vol. 5, Issue 20. "Integrating Estonia's Non-Citizen Minority."
Radio Free Europe/Radio Liberty (RFE/RL). 24 September 1993. RFE/RL Research Report [Munich]. Vol. 2, No. 38. Ann Sheehy. "The Estonian Law on Aliens."
Attachment
Eesti Ringvaade. 2-5 December 1993. "The Government Forms Commission to Handle Residence Permits for Retired Russian Military."
. 21-24 November 1993. Issue No. 130-1. "The Government Allows Retired Soviet Military to Apply for Residence Permits."
Helsinki Watch. October 1993. News from Helsinki Watch. Vol. 5, Issue 20. "Integrating Estonia's Non-Citizen Minority." Pp. 9-10, 21-24.
