Key issues
- Liberal forces overwhelmingly won the elections, fundamental rights and freedoms are in a safe zone for a while.
- Non-Estonian-speaking residents are under pressure as they are considered to “think incorrectly”, mainly their public gatherings have been restricted.
Political and institutional developments
After the parliamentary elections in 2023, human rights advocates felt relieved, as there is a lack of combinations in the Parliament that could bring forces that shake basic rights and freedoms into the government in the next four years. The beginning of the third government of Kaja Kallas (Reform Party, Social Democratic Party, Estonia 200) faced an extraordinary barrage from the opposition and the media, but at least human rights are not under threat, and rather, they are being promoted. While the election programmes were relatively substantive[1], the coalition agreement remained brief on civil society matters, mainly promising to create regulations for non-party political associations and good practices for communication with lobbyists in the Parliament.[2]
The overall development of civil society is curated by the Ministry of the Interior based on a programme of the “Cohesive Estonia Development Plan 2021–2030” called “Community Estonia.” Until 2024, the ministry’s strategic partners are the Network of Estonian Nonprofit Organisations together with the NGO County Development Centres, the Social Innovation Lab, and the Social Enterprise Network[3]. Additionally, the Estonian Village Movement Kodukant and the Association of Estonian Folk High Schools joined as partners until 2026[4]. In 2023, the National Foundation of Civil Society launched a new and relatively large innovation fund of around € 900,000, which will initially focus solely on civil protection and provide most municipalities, depending on population, with less than € 10,000 each.[5]
Legislative developments
In spring/winter 2023, the Law Enforcement Act was harmonised with the Weapons Act, granting the right to use munition (such as various grenades and gases) “as a last resort to counter an immediate threat” when applying direct coercion, in addition to physical force, special equipment, and weapons. The use of munition is allowed only by the Police and Border Guard Board, the Internal Security Service, and the Defence Forces, and the use of munition against a peaceful public gathering is prohibited.[6] The purpose of this change was to better respond to exceptional hybrid threats, but there is a potential impact on the freedom of assembly.
In 2022, state fees, which had remained relatively unchanged for decades and also apply to the establishment and registration of non-profit organisations, increased somewhat. However, these increases cannot be considered an obstacle to freedom of association. Amending an entry in the commercial register now costs € 10 instead of the previous € 7. The establishment fee for a non-profit association is now € 30, for a foundation € 80, and for a religious association € 10.[7]
On 1 February 2023, the new Commercial Register Act[8], came into effect, consolidating provisions related to the register that were previously scattered across various laws. The conditions for the liquidation of non-profit organisations were further specified, and going forward, an organisation removed from the register is allowed to continue its activities, somewhat reducing bureaucracy. These changes may lead to a more robust removal of organisations from the register, especially those that have not submitted their annual financial statements, which, however, should not be considered a restriction on the freedom of association.[9] For example, in the period of 01.01.2023–30.08.2023, 779 NGOs were registered in the commercial register, while 116 were removed.
In 2022, amendments to the Gambling Tax Act[10], came into effect, separating tax revenues from expenses and addressing several previous issues related to the funding of non-profit organisations. By 2025, the possibility of deducting home loan interest from taxable income is expected to be eliminated, potentially allowing for more tax benefits on donations, although educational expenses of individuals and their children will still remain within the limit of € 1200, and the tax benefits for donations will not actually increase. In February 2022, the promotion of charitable activities was considered a matter of national importance in the Parliament, but it remained a subject for discussion without further action.[11]
Case law
In the end of 2021, freedom of assembly underwent a certain test when the prosecutor’s office received a complaint that Varro Vooglaid and Martin Helme had committed crimes with their statements, specifically organising and preparing mass disorder and calling for participation in it, and attempting to incite violent actions against the Republic of Estonia. The prosecutor’s office did not identify any elements of a criminal offence, providing assurance that everyone, especially those in opposition, remain free to assemble and express their opinions, even if their words could be interpreted as an attempt at a coup.[12]
However, Varro Vooglaid faced defeat in challenging government restrictions in relation to COVID-19 when Tallinn Circuit Court rejected his appeal in May 2022.[13] In summary, the position held was that the restrictions imposed by the government in the summer of 2020 for outdoor meetings were lawful and justified. The Supreme Court did not take the appeal of the Foundation for the Protection of Family and Tradition (SAPTK) into consideration.[14] The Supreme Court also dismissed Tallinn Administrative Court’s request to declare the restrictions, certain provisions of the Communicable Diseases Prevention and Control Act, unconstitutional.[15]
Statistics and surveys
During the reporting period, no significant studies were conducted, and due to a lack of funding, 2021 was the last year when the United States Agency for International Development (USAID) collected data for the Civil Society Organisation Sustainability Index from Estonian NGOs. In the latest report, the previous high ratings remained unchanged, and there was a slight improvement in advocacy capabilities, attributed to government actions to better involve NGOs in policymaking.[16]
According to the CIVICUS monitor, Estonia’s civic space was rated open in 2022 with a score of 94/100, placing it just one point below Norway among 197 countries.[17] However, it is important to note that it is not a scientific study. Similarly positive assessments can also be found in an OECD report.[18] The next major study on the situation of civil society is planned by the Ministry of the Interior for 2024.
Promising practices
The government has promised to end the non-transparent and corrupt distribution of “roof money” (katuseraha), which has been repeatedly mentioned in previous reports, by creating a regional investment programme as outlined in the coalition agreement.[19] The Minister of Finance confirmed this in September[20], however, at the time of writing this report, the parliamentary procedure for the 2024 state budget is still ongoing, and it needs to be ensured that funding is not simply further concealed in a similar way.
Noteworthy public discussions
Partly due to the coalition agreement’s promise and largely sparked by Eero Epner’s article in Eesti Ekspress[21], a discussion unfolded in 2023 about the problems of party financing, specifically focusing on the influence exerted by third parties. The issue largely revolves around the question of whether and how the funding sources of such NGOs, which clearly influence politics but are currently not subject to regulation under the Political Parties Act, should be made public. The Political Parties Financing Supervision Committee initiated an investigation into whether the activities of the Liberal Citizen Foundation (Salk) in sharing its analysis results with political parties constituted a free service or a prohibited donation.[22]
Possible new regulations could potentially infringe on the freedom of association by imposing additional reporting obligations not only on prominent adversaries like Salk and the Foundation for the Protection of Family and Tradition but also on all organisations engaged in advocacy, for which it is difficult to see a legitimate justification. There were even sceptical voices within the Political Parties Financing Supervision Committee regarding the potential restriction of NGO activities.[23]
Trends and future outlook
As disputes over COVID-19 restrictions are subsiding after several court decisions, society is once again discussing prominent and controversial individual issues. The more colourful events of the period were related to listening to citizens, such as the expansion of the Nursipalu military training area[24] and the closure of the Metsküla school in Läänemaa[25]. Both incidents merit separate investigation – similarly to the so-called Tartu pulp mill – examining what went wrong and when, and how to learn from these experiences in the future.
During the reporting period, many societal relationships became strained, partly due to the aftermath of COVID and vaccination issues, high energy prices, the war in Ukraine, increased arrival of refugees, the green transition, stagnant economy, and sensitive issues hastily legislated after the 2023 elections, such as marriage equality or tax increases. Since the 2023 elections, society has been more tense than usual over the new government’s plans to raise several taxes and introduce new ones, rushed through the Parliament with votes of confidence and scant impact analyses.
It is difficult to consider the latter as limited involvement, as it was clear from the budget situation that discussions with interest groups would only involve new tax rates, not whether to raise taxes at all. Nevertheless, opposition obstruction and noticeable media support created a background of a deceptive government, and as late as September, there were loud calls for the prime minister’s resignation due to various alleged wrongdoings. Even if these tensions and uproar do not lead to visible results, the feeling of exclusion for certain groups, such as Russian-speaking residents (see case description), conservatives who lost representation in the Parliament, or simply those living on the periphery, is likely to deepen even further.
Recommendations
- It would be advisable not to ban public meetings, as combating “thought crimes” may create new threats.
- Reduce the speed of the legislative process, which does not provide citizens and interest groups the opportunity to have their say.
Case description
There was no significant debate over COVID restrictions in 2022, but discussions around freedom of assembly were triggered by the controversy over so-called “red monuments” due to Russian aggression. The most heated discussions took place in the summer of 2022 around the Narva tank, where people’s opportunities to gather were restricted[26], and on August 16, the police conducted special operations at seven sites to remove monuments. In total, a government-appointed working group deemed it necessary to relocate over 200 objects.[27] The topic received controversial reactions from the public: some believed that monuments and symbols glorified wrong values, while others saw it as erasing history.[28] The police faced criticism for the repeated detention of an artist-activist in Narva, although in this case it was freedom of expression that was restricted, including anti-Kremlin sentiments.[29]
Due to the risk of tension, the police unusually prohibited public gatherings “where hostile symbols are likely to be used” nationwide in Estonia on 9 May 2022[30], and in some counties in 2023.[31] The police order listed in detail which flags, ribbons, letters, etc., are considered hostile. The same statement noted that in 2022, the police encountered nearly 200 instances of usage of hostile symbols, even though it is unlikely that anyone would register a meeting explicitly mentioning their intention to display St. George ribbons or Z-symbols. Therefore, the impact of the ban can be seen more as a deterrent.
The basis for the ban was a provision in the Law Enforcement Act that allows the prefect to prohibit a meeting if “there is reason to believe that holding of the meeting causes a serious immediate threat and it is not possible to counter the threat by using a less infringing measure”.[32] The Police and Border Guard Board used this option again from 26 July to 2 August 2023, during Russian military-related holidays, prohibiting meetings in Narva related to Russian war propaganda[33], only quietly laying flowers one by one was permitted.[34]
In November 2023, the Police and Border Guard Board continued its forceful practice by removing five people from a demonstration in support of Palestine, initiating misdemeanour proceedings against them under the provision of supporting and justifying international crime. The police had previously informed the organisers that the slogan “From the river to the sea, Palestine will be free”, relatively unknown in Estonia (but also used by Hamas terrorists), justifies the commission of crimes against humanity.[35] The slogan has received conflicting interpretations in other countries, whether it is solely a wish for Palestinian independence or a call for the destruction of the state of Israel and its people.[36]
The South Prefecture of the Police and Border Guard Board completely banned a meeting planned to take place in Tartu Town Hall Square on 18 November 2023 “in support of the human rights of Palestinians – the right to life, the right to humanitarian aid, the right to a future,” this time under § 62 p 3 of the Law Enforcement Act[37], which prohibits meetings that incite hatred, violence, or discrimination. The reason given was that “other citizens may attend the meeting, using posters that may contain justification of aggression”.[38] The organiser had previously shown the police descriptions of their posters and confirmed that any unlawful texts would be removed by themselves. Why less intrusive measures provided for in the law were not considered (such as increasing the number of stewards, removing an individual, or terminating the meeting), the authorities did not explain.
[1] Vabaühenduste Liit. 2023. Kodanikuühiskond erakondade programmides.
[2] Vabaühenduste Liit. 2023. Kodanikuühiskonna teemad koalitsioonileppes.
[3] Siseministeerium. 2021. Siseministeeriumil valis kodanikuühiskonna arendamiseks neli strateegilist partnerit, 24.05.2021.
[4] Siseministeerium. 2023. Siseministeerium sõlmis lepingud kahe uue strateegilise partneriga, 17.07.2023.
[5] Siseministeerium. 2023. Kodanikuühiskonna innovatsioonifond.
[6] Riigi Teataja. 2023. Relvaseaduse muutmise ja sellega seonduvalt teiste seaduste muutmise seadus, RT I, 14.03.2023, 21.
[7] Riigi Teataja. 2021. Riigilõivuseaduse, tsiviilkohtumenetluse seadustiku ja teiste seaduste muutmise seadus, RT I, 08.12.2021, 1.
[8] Riigi Teataja. 2022. Äriregistri seadus, RT I, 23.12.2022, 25.
[9] Registrite ja Infosüsteemide keskus. 2023. Veebruarist jõustuvad laiaulatuslikud seadusemuudatused, mis puudutavad äriregistrit, 17.09.2023
[10] Riigi Teataja. 2021. Hasartmängumaksu seaduse ja riigieelarve seaduse muutmise seadus, RT I, 07.12.2021, 2.
[11] Riigikogu. 2022. Riigikogu fookuses olid heategevus ja annetused, 10.02.2022
[12] ERR. 2023. Prokuratuur: me ei anna kogunemistele, sõnavõttudele moraalseid hinnanguid, 17.09.2023
[13] Tallinna Ringkonnakohtu 06.05.2022 otsus nr 3-2-1079.
[14] Objektiiv. 2023. Õigusriik? Riigikohus keeldus koroonapiirangute teemalise SAPTK kassatsioonikaebuse menetlusse võtmisest, 16.11.2022.
[15] Riigikohtu põhiseaduslikkuse järelevalve kolleegiumi 31.10.2022 otsus kohtuasjas nr 5-22-4.
[16] USAID. 2022. Vabaühenduste elujõulisuse indeks.
[17] CIVICUS. 2022. Monitor.
[18] OECD. 2022. The Protection and Promotion of Civic Space.
[19] Vabariigi Valitsus. 2023. Koalitsioonilepe 2023-2027.
[20] Võrklaev, M. 2023. Mart Võrklaev: vastupidi, eelarveprotsessi on juhitud just pikalt planeerides, rahulikult ja ühiskonnale etteaimatavalt, Eesti Päevaleht, 21.09.2023.
[21] Epner, E. 2023. „Võitsime!“ Liberaalne ühendus Salk seadis juba alustades eesmärgiks valimiste mõjutamise, Eesti Ekspress, 31.05.2023.
[22] ERR. 2023. ERJK: uurime edasi, kas Salk on teinud keelatud annetusi või ei, 09.08.2023.
[23] Tarand, K. 2023. Kaarel Tarand: olukord on narr – poliitiline aktiivsus võib osutuda hoopis seaduserikkumiseks, Postimees, 22.08.2023.
[24] ERR. 2023. Valitsus kiitis heaks Nursipalu harjutusvälja laiendamise eelnõu, 04.05.2023.
[25] ERR. 2023. Metsküla kool alustab valla otsust trotsides uut kooliaastat, 01.09.2023.
[26] Mihhailov, S. 2023. Politsei piiras autode ligipääsu Narva tanki endisele asupaigale, ERR, 09.05.2023.
[27] Riigikantselei. Monumendid.
[28] Kaljundi, L. 2023. Linda Kaljundi: monumendisõjad sõja ajal, ERR, 09.05.2023.
[29] Levchenko, J. 2023. Skandaalsel kunstnikul keelati Narvas Vene agressiooni ohvreid mälestamast, Postimees, 01.06.2023.
[30] PPA. 2022. Politsei keelab vaenuliku sümboolikaga avalikud koosolekud, 20.04.2022.
[31] PPA. 2023. Politsei keelab 9. mai eel agressiooni toetavad avalikud koosolekud, 03.05.2023.
[32] Riigi Teataja. 2011. Korrakaitseseadus, § 72, RT I, 14.03.2023, 29.
[33] PPA. 2023. Politsei keelab Narvas Venemaa sõjapropagandaga seotud avalikud koosolekud, 25.07.2023.
[34] Nikolajev, J. 2023. Avaliku koosoleku keeld on osa narvakate hinnangul arusaamatu, ERR, 26.07.2023.
[35] Viil, E. 2023. Meeleavalduselt politseijaoskonda viidud Palestiina-toetaja: uurija ütles, et „jõest mereni“ lausest on suva, Delfi, 07.11.2023.
[36] Kressa, K. 2023. ÜLEVAADE | Miks tohib öelda „Palestiina vabaks“, aga mitte „jõest mereni“?, Delfi, 07.11.2023.
[37] Riigi Teataja. 2011. Korrakaitseseadus, § 62, RT I, 14.03.2023, 29.
[38] PPA. 2023. Avaliku koosoleku mittelubamine. 17.11.2023 kiri nr 2.1-2/3818-2
