At the time this article was
written Tonu Onu was a Clerk in the Committees Branch oftheSenate of Canada. He
was previously a Clerk with the Committees Branch of the Quebec National
Assembly.
Canada recognized the need to
provide assistance to the whole of Eastern Europe when it created a Task Force
on Eastern and Central Europe (now the Bureau for Assistance for Central and
Eastern Europe) within the Department of External Affairs. The Parliament of
Canada also made a significant effort to increase knowledge about parliamentary
democracy in these countries by organizing seminars on how the Canadian
government and Parliament function. The Senate and House of Commons have
received delegations from the parliaments of several East European countries
for varying lengths of time with a view to giving their parliamentary staff a
better understanding of how our system works. In 1992 a report prepared for the
Task Force suggested several areas where Canada could assist the Baltic
Parliaments including office procedure, human resources management, the budget
process, annual seminars, parliamentary operations, and the translation of
laws. This article describes one Canadian's first hand experience in assisting
the Estonian Parliament.
Among the significant recent
changes in the political landscape of Eastern Europe has been the independence
of the three Baltic States, Estonia, Latvia and Lithuania. The three were
forcibly annexed to the Soviet Union during World War II. The re-establishment
of independence in 1991 was met with unbounded euphoria and great expectations
in the three states. The change in political status brought with it the
responsibility and challenge of creating the political, social and economic
infrastructures needed to rebuild their societies. Despite the motivation,
skills and good intentions of the people, the task of rebuilding is not one
that these countries can achieve alone.
I met the Estonian delegation to
the seminar organized by the Canadian Parliament in May 1992. It made me
reflect on what practical assistance might be provided from our Parliament to
the Parliament of Estonia. I subsequently had an opportunity to discuss the
question with individuals from the Parliamentary Centre for Foreign Affairs and
Foreign Trade and the Bureau of Assistance for Central and Eastern Europe. From
these discussions it became apparent that the most urgent and well-defined need
was in the area of translation of legislation. Subsequently I received an
invitation from the Ministry of Foreign Affairs of Estonia to assist in
translating and revising translations of legislation and to provide advice on
the establishment of a translation centre. The invitation came from the Foreign
Ministry since its translation bureau had, for all intents and purposes,
evolved into the main centre for translation of legislation. I did learn later
that some legislation was also translated at the State Chancellery but none at
the Parliament itself.
The desire of the Estonian
authorities to translate legislation into English is based on two factors:
there is little experience in legislative drafting as we know it, and
legislation is often presented by parliamentary committees as well as the
government. Therefore, the review of and commentary on draft as well as adopted
legislation by foreign legal experts is perceived as crucial to the development
and improvement of the process of drafting legislation;
as the government promotes and develops political and economic relations
with other countries, it is necessary to publish legislation and other
information in English, if not in other languages.
With co-operation from the Senate
administration and encouragement from Senator William Kelly and the
Canada-Europe Parliamentary Group which assisted with travel expenses, I was
able to spend November 1993 working with the Estonian Parliament.
Tasks in Estonia
Although there has been some
sporadic assistance from individual Canadians in the area of translation, much
if not all of translation into English is done by Estonian translators. The
latter, despite their general proficiency and competence in English, find legal
translating a particularly challenging task. During my stay in Estonia I was
the only person in the translation bureau of the Foreign Ministry with English
as a first language.
The subject matter of the documents
and legislation that I translated included: citizenship, language, cultural
autonomy for ethnic minorities, withdrawal of Russian troops from Estonia and
trade and commerce. In addition, I revised the work of other translators and
provided advice and information on terminology, particularly with respect to
government and parliamentary vocabulary. As a bonus, one afternoon I was asked
to accompany and act as an interpreter for a correspondent from the New York
Times who had come to interview the Estonian Minister responsible for
Citizenship and Immigration and other officials.
As of my first day and during my
whole stay I found myself faced with a flood of requests for English
translations, not only of legislation but also other government documents that
were being sent abroad.
During my stay in Estonia I had the
opportunity of attending the ceremonies marking the 75th Anniversary of the
Foreign Ministry. At those events I met the President, Lennart Meri, the Prime
Minister, Mart Laar and the Minister of Culture and Education, Paul-Eerik
Rummo. It might be noted that the President is one of Estonia's best know
writers, the Minister of Culture and Education, one of the best known poets and
the Prime Minister a historian of some repute. Lest it appear that the Estonian
government consists only of writers and intellectuals, it should be pointed out
that it also includes some people with technical expertise and training
acquired in other countries such as Sweden and Canada. For example, the
Minister of Energy was formerly a senior official with Ontario Hydro.
The Ministry of Foreign Affairs had
a Canadian desk as part of its Northern Countries Branch and I had an
opportunity to provide some information on Canada and the recent elections to
the person at that desk. In fact, while I was there, preparations were being
made for a proposed meeting between the Estonian Foreign Minister, Trivimi
Velliste and Canada's new Foreign Minister, André Ouellet. Canada has a small
consular office in Tallinn which I visited. It is staffed by persons hired in
Estonia. The consulate for the three Baltic countries is located in Riga,
Latvia and is attached to the Canadian Embassy in Stockholm, Sweden.
The Estonian Parliament
(Riigikogu)
Since I had met some members and
the clerk of the Estonian Parliament at the seminar organized in May 1992 by
our Parliament, I visited the clerk and had an opportunity to attend sittings
of the Parliament. I also had an opportunity to meet and speak with some
members of Parliament.
The Estonian Parliament is
unicameral and consists of 101 members elected on a proportional voting system.
The present Parliament was elected in September 1992 and it was the first one
to be elected after the re-establishment of independence in August 1991. A
President was elected at the same time and it is the President who appoints and
asks the Prime Minister to form a government. The President is elected by a
direct vote, but if no one candidate receives 50% of the vote, the Parliament
elects one of the two candidates having received the most votes. Members of
Parliament, once appointed as ministers must resign their seat. Ministers do,
however, come before Parliament to present and defend their bills. In addition,
ministers and a select number of high ranking government officials may be
called before Parliament for questioning. The date and subject of the questions
are established ahead of time and the process seems to allow for a more
exhaustive questioning of a minister than does our question period.
Among the characteristics of the
Estonian Parliament worth noting is an electronic voting system with 20 seconds
given for each vote. A screen is located in the chamber itself where results of
the vote are shown and speakers identified. Legislation is presented not only
by ministers but members of Parliament and often by parliamentary committees.
There are ten standing committees. In the particular case of a bill on cultural
autonomy for ethnic minorities that I was translating, I was able to meet with
the deputy chairman of the committee that had drafted the legislation to
receive explanations on the bill. At another sitting that I was able to attend,
members were debating and adopting amendments presented by the Finance
Committee to the Government's budget. In other words, members had an
opportunity for input into the government's budget. However, as one member pointed
out to me there was a certain unreality to the exercise since members could
vote amounts for items into the budget knowing that the government really did
not have the resources to meet all such commitments.
There are eight factions in
Parliament at the present time from various parties that appear to coalesce and
disintegrate continually. While I was there, a motion of non-confidence was
presented by the opposition, primarily because of questions related to an arms
deal with Israel. The government survived the vote without too much difficulty.
From what I could gather, it should remain in power until the next election in
the fall of 1995, despite the resignation of some ministers over the past few
months. These seem more related to the lack of political and administrative
experience of the ministers concerned rather than any scandalous behaviour on
their part.
While talking to some of the
members of Parliament they raised the question of establishing a Canada-Estonia
or Canada-Baltic Parliamentary Group. Canada is considered as a country whose
geo-political characteristics have some resemblance to those of Estonia and
therefore, is perceived as more understanding of Estonia and its situation than
a country such as the United States. They did, however, recognize the severe
financial limitations they face in attempting to carry out any exchanges.
Parliament seemed to be a curious
mixture of people who, for understandable reasons had no parliamentary
experience under the Soviet regime, such as writers, dissidents, academics and
a few from the Estonian diaspora.
A second issue they raised and
which really must be dealt with by the Department of Foreign Affairs is the
question of visa fees. Estonia no longer charges such fees to Canadians
entering Estonia while Canada still charges $50 to Estonians wishing to visit
Canada. Unfortunately $50 amounts to approximately 500 Estonian crowns which
represents half a month's salary for many Estonians.
Proposal for a Legislative
Translation Centre
Given the nature and scope of my
assignment in Estonia I shall limit myself to comments on a proposal for a
legislative translation centre. I had a number of discussions with Estonian
officials and an American lawyer on assignment to the Estonian Ministry of
Foreign Affairs on the need for and feasibility of establishing a translation
centre and the resources it would require.
From these discussions it became
clear that such a bureau would require from outside Estonia, at least one
translator with strong skills in Estonian to English translation, a lawyer able
to provide advice on legislative and legal terminology and drafting and a
person to revise translations and manage the centre. In addition, the centre
should include translators from Estonia who would be trained to run and manage
the centre in the future with either minimal or no external assistance.
While everyone in Estonia agreed
that the establishment of a centralized bureau for the translation of
legislation was extremely important, in the same breath they stated that the
Estonian Government simply did not have the resources to remunerate people with
the required skills from outside Estonia.
Canada should give serious
consideration to assisting in the establishment of a legislative translation centre
in Estonia for the following reasons:
the centre would further the development of the democratic parliamentary
process by providing essential assistance to the improvement of legislative
drafting;
the centre would provide important legislative information in English to
other countries and foreign enterprises wishing to develop relations and trade
with Estonia;
the centre has been defined as a priority by Estonian authorities
themselves;
the cost of the project would be relatively modest since the main
expenditures would be the salaries of three people (manager-revisor,
translator, lawyer-legal terminologist) for approximately a one year period;
once established, further foreign assistance to the centre should be
minimal since the Estonian government should be able to maintain it with local
human and technical resources;
assistance to establish the centre would provide excellent public
relations for Canada at relatively little cost since it would be a clearly
identifiable project meeting a practical need in Estonia.
Conclusion
It would only be stating the
obvious to say that Estonia, in addition to the task of developing its
political and economic structures, faces urgent problems in areas such as
cleaning up the environment, providing decent minimal health care and housing
to the population and ensuring public safety. All of these areas require vast
resources and, ideally, foreign assistance for their solution. Therefore, it
would be presumptuous of any outsider to claim priority for any one area of need.
It is the responsibility of the Estonian Government and Parliament to define
the priority problems and the specific foreign assistance required to solve
them. At the same time, it is not unreasonable for Canada, as a provider of
assistance, to expect projects to be well defined, relevant to the needs of the
recipient country and to have some assurance of being successfully completed.
A general comment I heard in this
regard a number of times from Estonian officials was that it would now be much
more useful if foreign consultants could spend a considerable length of time on
the spot, i.e., a minimum of a few months. Short exploratory visits, which may
have been helpful in the past, are now seen as waste of time and resources of
both Estonia and of the visiting country. The argument is that longer stays by
foreign consultants would allow them to get a better understanding of the local
situation and, therefore, to provide better and more relevant advice for the
solution of local problems. Secondly, the Estonians would benefit from working
beside the foreign consultants over an extended period of time and learn
procedures and practices that often cannot be picked up in a few days or at one
lecture.
Canada enjoys a good reputation and
credibility in Estonia as a model society with a democratic parliamentary
political system and market-based economy. These factors should permit Canada
to play a greater role in Estonia's efforts to develop its political and
economic infrastructures and stability. Canada has shown that there is a middle
road between the excesses of "jungle" capitalism and the stifling
bureaucracy of centralized socialism. Many Canadians are now questioning the
capacity of the country and of the government to maintain this middle road that
we have come to take for granted. There is undoubtedly a need to question some
of our assumptions and seek new solutions to Canadian problems. By assisting
and learning about countries such as those in Eastern Europe and the Baltics we
may benefit as much as those we assist by coming to understand their problems
and, perhaps in the process, gaining new perspectives on our own problems.