Language Legislation and Ethnolinguistic Situation in Present-Day Estonia. 2002.

 

LANGUAGE LEGISLATION AND ETHNOLINGUISTIC SITUATION IN PRESENT-DAY ESTONIA

Ilmar Tomusk

Director-General,  Estonian Language Inspectorate

Printed in ICHEL Linguistic Studies Vol. 6, Lectures on Language Situation, Russia, Estonia, Finland, University of Tokyo, July 2002

Historical background

As an introduction, I would like to provide a short overview of the Estonian language situation, so that the goals and measures of the Estonian government’s language policies can be better understood.

Before World War I, Estonia was ruled for two centuries by the Russian Empire. The governing language was primarily German. Also in education, culture and economy, German was used to a great extent as the Baltic German minority constituted the social élite in the provinces of Estonia and Livonia. Since 1880, Russian became the governing language but the position of German in everyday life and in the cultural sphere persisted until the Republic of Estonia was founded in 1918. Although the Estonians totalled 90.6% of the population in 1896, foreign languages were still used in administration and economy. After the national awakening from 1860 to 1880 the use of Estonian expanded mainly in the cultural sphere and education but the status of an official language was not yet achieved.

During World War I, Estonia became an independent state with one state language. In 1922, Estonians constituted 87.6%, Russians 8.2%, Germans 1.7%, Swedes 0.8% and other ethnic groups 1.7% of the population. In 1925, the Law on Cultural Autonomies of Ethnic Minorities was adopted, thanks to which Germans and Jews elected cultural councils to establish educational and cultural institutions working in their own languages. The Russian and Swedish minorities did not establish cultural autonomies as it was possible for them, thanks to compact settlement, to solve their ethnic-cultural problems also through the common local governments. The 1934 Language Law stipulated the use of the Estonian language as a language for management of public business in state and local government agencies and regulated the use of foreign and minority languages in cultural autonomies and local governments where the majority of the population consisted of inhabitants belonging to ethnic minorities.

Before World War II, Estonia was a small nation with a homogenous population and one official state language. The native population was almost 90% of the population, and the largest minority, Russians, formed approximately 8%. By 1945, the proportion of Russians had fallen to below 3%. During the course of the war, people from the three remaining native minorities - Germans, Swedes and Jews - had also left.

During World War II, Estonia was occupied by the Soviet Union in 1940 (and by Germany from 1941-1944) and Russian and German were the governing languages in turns. The number of inhabitants in Estonia dropped considerably due to losses in war and changes in the state border and after the war the most substantial change in the composition of the Estonian population began as a result of which the number of immigrants grew by tens of times. Immigration into Estonia, which began after World War II, reached its peak only in the last decade of Soviet power. In 1934, 87,000 non-native people lived in Estonia but in 1959 this figure was already 304,000 and in 1989 even 602,000, forming 8.34%, 25.41% and 38.47% of the total population, respectively.

Among the immigrants that have come to live in Estonia there are representatives of more than 100 nations. Many of them arrived here from a territory not being the territory of their national language and had changed to the use of the Russian language already before arriving in Estonia. The majority of the immigrants of non-Russian ethnicity preferred to communicate in Russian both at work and in social life. This meant for the non-Russian immigrants that their mother tongue either disappeared or was used only as a home language. Loss of mother tongue or language exchange have also been influenced by the typological differences between the Estonian language and the mother tongues of immigrants since the Ingrians coming to Estonia acquired the Estonian language as a related language with less effort than, for example, the Ukrainians or Byelorussians.

The language situation was made particularly complicated because the migrants were settled in a concentrated manner in the north-eastern Estonian industrial area and in the major towns. There was no motivation to integrate into the Estonian society and no motivation to study Estonian was created. Only some of the later migrants could speak Estonian. This provided the central authorities with a suitable excuse to eliminate the use of Estonian from many areas of activity, also encouraged by the relatively good Russian language skills of Estonians.

Demographic studies have shown that integration is a long process that usually does not pass quicker than throughout three generations. Besides, integration into Estonian society has been even more difficult due to the supremacy of the Russian language.

Regulation of the linguistic situation

During the past fifty years under the rule of the Soviet power, the functions of the Estonian language narrowed to a great extent and the following tendencies appeared:

  1.  Estonian disappeared as the language for management of official and public business in these spheres where Russian became the language for management of public business (foreign policy, diplomatic relations, military affairs, aviation, maritime affairs);

  2.  The functional use of the Estonian language grew narrower as the Estonian language was driven out from activities of higher prestige (politics, science, technology) and from these fields of social life and management of organisations which were subordinated to the Russian-language central management;

  3.  The Estonian language lost its role as a factor of social differentiation as it was indispensable to know Russian in order to get to the higher levels of the social structure.

The language policy steps accompanying the reindependence of Estonia in 1991 were oriented to protect the Estonian language in order to restore its functions in all social spheres. As the superior Russian-language institutions that had threatened the use and development of the Estonian language had ceased to function, the direct danger of pushing the Estonian language out disappeared but restoration of the functions of Estonian in linguistically threatened areas and in economic sectors where organising of work is predominantly based on the Russian language (heavy industry, chemical industry, mining industry, power engineering, maritime affairs, navigation, aviation, etc.) will be, due to the persistence of linguistic habits, a long process. At the same time Estonian is threatened by the continuously growing pressure of foreign languages of high prestige (English, Finnish).

Period I - 1979-1987

In 1979 began a new Russification period in Estonia. The decision of Soviet Communist Party was focused on the situation of instruction of Russian and matters of bilingualism. It stressed the need to improve the instruction quality of Russian as the language for international communication and an effective means of ideological-political and international education work from kindergartens to higher educational establishments. The main goal was that graduates of Estonian-medium schools should have acquired fluency in Russian, so the number of Russian language lessons was increased at the expense of lessons of the mother tongue and foreign languages. The Estonian language at Russian-medium schools was taught partly as a voluntary subject, resulting in a lower standard of instruction of Estonian.

Period II - 1987-1989

At the beginning of 1987, the issue of Estonian language proficiency among the non-Estonian-speaking population arose in addition to the emphasised issue of the Russian language proficiency among Estonians. The Estonian educational and humanitarian circles started to rapidly implement the principle of ethnic - Russian bilingualism and Russian bilingualism. Language policy became one of the integral components of the independence movement.

Period III - 1989-1994

The 1989 Language Law of the Estonian SSR determined the Estonian language to be the state language. For acquisition of the necessary language skills and transition to management of public business in Estonian step-by-step time periods ranging from one to four years were established.

The 1989 Language Law was adopted in a situation where the Russian language was particularly forcefully encroaching on the Estonian language, and the privileged position of Russian, compared to the languages of all the other former Soviet republics, was formally prescribed. Therefore, the main goal of the 1989 Language Law was the protection of the Estonian language, the restoration of the functions of the official state language and increasing its sphere of use. The Estonian language law became an example to many Soviet republics and autonomous oblasts. In essence, however, it was still a bilingual law, because it provided for the right to use the Russian language and set an obligation to know Russian in almost all the more important spheres of activity.

This was the situation when, in 1991, after the restoration of independence, the reconstruction of the Estonian state began. Language had an important role in this process, since the mother tongue is one of the major manifestations of Estonian identity.

Period IV - from 1995 to 1999

The 1995 Language Law was adopted in a different situation. In developing this law, the position was taken that the status of Estonian as the official language was ensured by the Constitution adopted in 1992, which provided for the bases of language policy, which are:

  1.  official language

  2.  use of Estonian in official business of the state and local governments, in acquiring education and in the court system

  3.  right to use Estonian and other languages proceeding from universal human rights

  4.  possibility for a bilingual system in areas where the minority group is in a majority.

The main difference compared to the 1989 Language Law was that the new Law stipulated the principles for using minority and foreign languages in the management of public business in local governments and cultural autonomies of ethnic minorities in areas where the minority forms a majority of the permanent residents. The requirement for work-related Estonian language proficiency for officials of public administration agencies and local governments and for people communicating with private persons due to their work were given to the competence of the Government of Estonia. The new Law did not, however, regulate internal use of languages in the work of private enterprises.

Ethnolinguistic situation in present-day Estonia

The task of the 1995 language law was seen primarily as determining the extent and procedures for the use of minority languages. It must be stated that this did not quite correspond to the actual situation, particularly in Northeast Estonia. It created much disappointment in Estonian society, because leaving out the provisions for the protection, preservation and development of the Estonian language was seen as a major deficiency. One of the reasons for the language law regulating so little was the legal expertise carried out in 1994 by the Council of Europe, which primarily considered the interests of the minorities and not the actual goal of Estonia’s language policies. The problems in implementing the law confirm this premise. In developing the 1995 Language Law, the 1934 law was taken as a basis, but the drastic interim changes in the Estonian population were not taken into account. The meaning of many of the concepts in the law has changed since the inter-war period, but the new definitions have not been applied. For example, the term minority was used before World War II only for Estonian citizens, and the pre-war laws also determined which native minorities were treated as minority ethnic groups (Russians, Germans, Swedes and Jews). This was applicable to the situation then. Today this concept has changed, but it is unfortunately not reflected in our legal acts.

I would like to draw attention to another aspect which plays a vital role in the formation of a person’s consciousness, and therefore indirectly in the implementation of language policy.

That era, which the historians of the future will call the replacement of one social economic system with another, passed in Estonia in a relatively peaceful manner, with no bloodshed (it was termed the "singing revolution"). Many of the people who had arrived here in the last decades did not comprehend or were not even aware of the changes which had occurred. They did not notice that they were suddenly living in a different country, according to different laws. Whereas the changes in various spheres of activity were easily accepted, there were difficulties with the citizenship law and the language law, both closely associated with human rights and both being much harder to control through legal regulations. It is difficult to motivate people to use the official language if their language skill is insufficient. And, when it is possible to manage in Russian, and in some areas, where Russian is the only possible means of communication. Therefore, the normalisation of the language situation unavoidably takes longer, and requires, in addition to legal measures, various other activities and long transition periods. And it is unavoidable that a discrepancy forms between the law, i.e. the official de jure policy, and the actual situation, i.e. the implementation of the law or the de facto policy.

On the level of mutual communication between the various ethnic groups, this situation causes confusion and misunderstandings. It is customary to say that Estonia’s problem is not the native minorities, but the more recent immigrants or settler colonists - i.e. not the historic Russian minority. But their status has not been legally determined in a manner satisfactory to all parties, which of course affects the language situation. The Estonian state has declared the preservation of the Estonian language and the development of Estonian national culture to be its primary goal, but this is not a sufficiently big motivation for non-Estonians to learn Estonian or to acquire Estonian citizenship.

Since the restoration of independence, much has been said about integration and the need to remove the barriers between the two communities. Integration is a long-term process which will take many generations and, due to merely practical reasons, cannot provide rapid results. Sociological studies undertaken over the last year show that in Estonian society there are now signs indicating that the empire-centred identity, which previously united the Russian community, is being replaced with something else. The creation of a new common identity for the Russian-speaking population, who previously saw themselves as Soviet citizens, and awareness of the cultural difference of the Russian-speaking population, will improve the conditions for integration.

The Estonian language continues to require legal protection, since its position as the official language is threatened on the one hand by a large proportion of the population who are unable to speak the official language, and on the other hand by strong pressure from high-prestige foreign languages, mainly English. Article 6 of the Constitution which provides Estonian with the status of official language contains little regulation. This is also indicated in the existence of norms determining Estonian language use in very many other laws.

Of all the aspects of the language law, the most controversy and opposition has understandably been created by the setting of state language skill requirements, because these directly affect people’s language behaviour. The importance of the issue is also increased by the fact that the language skill requirements affect a substantial number of non-Estonians living in Estonia: language skills required in adult employment, language requirements for citizenship, and also language requirements for school pupils which are set in the state curricula.

There has been considerable debate, also on the international level, regarding the most recent 1999 amendments to the Language Law, which specified Estonian language requirements for workers in the private sector to the level needed to fulfil their work duties. This is a relatively new problem for Estonia. Since the private sector was non-existent at the time of the adoption of the 1989 language law, and was only in its formation stage in 1995, private sector workers were not separately treated in those laws. This enabled the laws to be interpreted in various ways. The amendment to the law proceeds from the democratic principle of interfering as little as possible in the language use of private enterprises. According to recommendations from OSCE human rights experts, language requirements for private sector workers were restricted to those areas where the Estonian language requirement proceeds from the need to fulfil workplace and consumer protection needs, or are justified by environmental, health or safety interests. The decree based on the law determines the level of language skill required for working in various positions or professions. However, for a country as small as Estonia, this holds a number of risks:

  1.  how to ensure the language rights of Estonian-speakers in those areas where they are a minority

  2.  how to ensure the social mobility of the non-Estonian speakers - not speaking Estonian restricts their opportunities to find employment to only those fields where there is no requirement for Estonian language skills. This may eventually result in even greater separation.

Ten years have now passed since Estonian was accorded the status of official language, but the relatively mild measures have not substantially changed the language use of the population. On the other hand, this relatively mild language policy has meant that major social conflict has been avoided.

In conclusion, I’d like to say a few words about the amendments to the Language Law during 1999, as well as comment on the state requirements regarding the Estonian language and the language examinations themselves.

Due to the reasons I have mentioned previously, the determination of the Estonian language skill requirements is a necessary precondition for the normalisation of the Estonian language situation and for guaranteeing the status of the Estonian language.

The state has determined language skill requirements for:

  1.  citizenship applicants

  2.  civil servants, and also, to the degree required to fulfil their work duties, for employees in the private sector who have contacts with the public.

There are no language requirements for the applicants of residency or work permits, but the Estonian state has undertaken the obligation to assist refugees to learn the language and to provide interpretation services.

Since November, 1995, the Estonian language examination for citizenship applicants has been in the form of a standard test, which is equivalent in level of difficulty to a beginner’s test. Approximately 1500 persons annually sit for this examination, and in the future it will be combined with the standard school examinations (level examinations) so that, for example, a graduate from basic school who has passed the final Estonian language examination would receive citizenship without having to undergo additional examinations.

Preparation for level tests began a number of years ago with the preparation of level specifications and test formats. Examinations based on the new system have been given since September 1999. The examinations use a test format, and the basis for developing the examination requirements are the level descriptions for Estonian as described in the Language Law. The level of Estonian language skill required is dependent on the job and type of work - and there are three such language skill levels.

The examinations are organised by the State Examination and Qualifications Centre, which is under the jurisdiction of the Ministry of Education. The Centre is also responsible for the development of the final school examinations (all subjects) and the language test for citizenship applicants. The Centre is an associate member of ALTE - the Association of Language Testers in Europe. This is an association of institutions within Europe, each of which provides examinations and certification for language learners. Each member provides examinations of the language which is spoken as a mother tongue in their own country or region. The development of the tests, and organisation of the examinations, are carried out according to the rules, which are generally accepted in Europe, and all the examinations follow the ALTE level system. The beginner’s level is equivalent to the ALTE first level exam (Waystage user), the intermediate level to the third level exam (Independent user) and the advanced level to the fourth level exam (Competent user).

The tests for all three levels have the same structure, comprising of four parts, which are used to check the skills of hearing, reading, speaking and writing. A points system is used for the tests, and each of the tests is of equal value. One hundred points is the maximum, and a minimum of 60 points is needed to pass. The hearing and reading parts - and some of the writing part - are assessed using the mark scheme. The speaking part and the extended writing part are assessed using a rating scale. Each answer is marked independently by two examiners.

The examinations are organised once a month is especially created examination centres - and there are also five examination centres outside Tallinn. In order to guarantee the security of the test, new tests are developed for each examination. Previous tests are used as exercise material in the pre-examination consultations and in the course work.

Over 3260 people have done the examination since September 1999 (2351 people on beginner’s level, 710 people on intermediate level and 205 people on advanced level). The majority of the examination takers are employees whose workplaces now have an Estonian language skill requirement. There are also quite a number of pupils and university students as well as just language learners who are interested in determining their language skill level. The beginner’s level test has been the most popular, and it also has the best results. The fewest applicants are for the advanced level. The average pass rate is about 60 percent. This relatively low result is partially due to the fact that the examination candidates are not sufficiently familiar with the examination requirements. There is also a need to further develop the methodology of teaching Estonian as a second language, as well as develop teacher training and in-service training. The objective and effective organisation of examinations has a beneficial effect on the language teaching system as a whole. The measures taken in the field of adult language teaching in Estonia are in accordance with the principles of life-long learning promoted by the Council of Europe.

Date: 19.09.2003

 

 
 
 
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