An open letter to the Estonian Parliament
Kuumad uudised | 14 Jun 2005 | EWR
The new border agreement must be left unratified!
According to Article 2 of the Constitution of the Republic of Estonia, "the land, territorial waters and airspace of the Estonian state are an inseparable and indivisible whole".
According to Article 122 of the Constitution of Estonia, "the land boundary of Estonia is determined by the Tartu Peace Treaty of 2 February 1920 and by other international boundary agreements".
The word "and" in the latter sentence means that both the Tartu Peace Treaty and other international boundary agreements apply simultaneously.
According to Article 123 of the Estonian Constitution, "the Republic of Estonia shall not enter into international treaties which are in conflict with the Constitution".
Hence, the new border agreement signed in Moscow on 18 May 2005 between Estonia and Russia is in direct conflict with the Tartu Peace Treaty and with the Constitution of the Republic of Estonia and, for that reason, it has been null and void from the moment when it was signed.
The Republic of Estonia has faithfully observed the Tartu Peace Treaty. Therefore, Russia has no legal grounds for unilateral cancellation of that Treaty.
By the moment of signing the Tartu Peace Treaty, neither of the parties thereto had been recognized by other states. However, on 28 September 1939 when the mutual assistance pact (the so-called Agreement on Bases) was signed between the Republic of Estonia and the Soviet Union, both parties were internationally recognized states and members of the League of Nations.
The above-mentioned agreement contained, inter alia, the following paragraphs:
"The President of the Republic of Estonia, on the one hand, and the Presidium of the Supreme Soviet of the USSR, on the other hand, guided by the aim of developing friendly relations as determined by the Peace Treaty of 2 February 1920 and established on the recognition of independent statehood and non-intervention into each Party's internal affairs;
recognizing that the Peace Treaty of 2 February 1920 and the Agreement on Non-Aggression and Peaceful Settlement of Disputes of 4 May 1932 continuingly serve as the firm basis for those mutual relations and obligations, /.../."
Thereby, the other party to the agreement signed on 28 September 1939 recognized, on its part, the effect of the Tartu Peace Treaty.
Ratification of the new border agreement by the Estonian Parliament can be considered as a violation of Article 122 of the Estonian Constitution and a voluntary and conscious concession of a part of the legitimate territory of the Republic of Estonia. Unlike the 1939 Agreement on Bases, which referred to the Tartu Peace
Treaty, the new border agreement contains no such reference.The ratification would, in effect, vitiate the Tartu Peace Treaty since it would bring about the violation of the Treaty by both parties and therefore, the Treaty would automatically lose its legal effect. That would enable the Russian administration to treat the Republic of Estonia as a new state established in 1991, with all consequences arising therefrom. The addition of a preamble on our part will not change neither the contents nor the nature of the agreement.
During the years 1944/1945, the boundary between Estonia and Russia was unilaterally altered by the government of the Soviet Union. That alteration was in direct conflict with both the Tartu Peace Treaty of 2 February 1920 and the Constitution of the then Estonian Soviet Socialist Republic, Article 16 of which stated that "the territory of the ESSR could not be altered without the consent of the ESSR". Such border alteration was, however, null and void for the very reason that the Estonian SSR was an illegal unit of an occupational administration.
In 1946, violations of international treaties by Nazi Germany were condemned by the Nuremberg Tribunal. Likewise, any violation of international treaties by anyone, including Russia, must be condemned.
To conclude a new border agreement should require prior recognition of the Tartu Peace Treaty by Russia. However, Russia has refused to recognize the Tartu Peace Treaty. Ratification of the new border agreement would thus constitute a renunciation of the Tartu Peace Treaty also by Estonia.
The Western countries are presently changing their position towards the events in Russia. The United States Senate as well as the European Parliament have demanded, in their resolutions, that Russia should clearly and unambiguously recognize and condemn the fact of occupation and annexation of the Baltic States. It is absolutely unacceptable to undermine international efforts supporting our statehood, which would be precisely the result of a ratification of the new border agreement that perpetuates injustice.
On 16 June 1940, the Soviet Union issued an ultimatum to Estonia, demanding placement of additional Red Army troops in Estonia and the appointment of a pro-Soviet government. Those demands, too, were in conflict with the Agreement on Bases, Article V of which stated: "Implementation of this Agreement shall not invade the sovereign rights of the Parties, in particular their economic system and order of state".
In international law, no public territorial changes are recognized unless they are in accordance with the freely stated will of the people concerned. Doing that would be contrary to all democratic principles.
Is the present administration of Estonia really going to celebrate the 65th anniversary of that disgraceful ultimatum by abandoning 5.2 percent of the legal territory of the Republic of Estonia as a gift (since no consideration would be received) to a neighbouring state which is still hostile towards our state and our people and which is publicly restoring Stalinism?
Signatures:
Alar Aigro
Olev Ait
Juhan Algus
Jaan Arder
Andres Aule
Laine Bils
Anne Eenpalu
Tiina Eier
Kalle Eller
Rein Eller
Jüri Estam
Jaan Hatto
Aleksander Heintalu
Harri Henn
Tullio Ilomets
Ain Järve
Merle Jääger
Valeri Kalabugin
Veljo Kalep
Heino-August Kalmo
Ülle Kauksi
Ago-Livius Kerge
Mati Kiirend
Ali Kikkas
Aavo Kittask
Peeter Kivimäe
Rein Koch
Tiiu Kolts
Margit-Mariann Koppel
Märt Kunnus
Tiit Kuusemaa
Henry Laks
Leho Lamus
Jüri Leesment
Vello Leito
Jüri Liim
Elo Liiv
Argo Loo
Kai Maitla-Brauer
Tõnis Mägi
Kalju Mätik
Mart Niklus
Jaanus Nilson
Reet Ohna
Uuno Ojala
Tõnu Ojamaa
Jaan Ojarand
Ahto Palm-Leis
Kalju Põldvere
Viido Polikarpus
Maie Pulst
Helgi Pärn
Indrek Raadik (Summer)
Juku-Kalle Raid
Priit Rajasaar
Hildegard Rand-Maricq
Frederik Priit Raudsaar
Mait Raun
Armult Reinsalu
Evar Riitsaar
Ergo Rikmann
Jevgeni Rjazin
Aarand Roos
Olavi Ruitlane
Hando Runnel
Edgar Saar
Feliks Saarevet
Hilda Sabbo
Vello Salum
Heno Sarv
Osvald Sasko
Aavo Savitsch
Tõnis Siim
Urmas Sisask
Heli Speek
Heli Susi
Frits-Allan Suurkask
Andres Sööt
Olaf Tammark
Leo Tammiksaar
Enn Tarto
Evi Tomson
Johannes Tõrs
Olev Träss
Tõnu Trubetsky
Ilmar Trull
Kati Tursk
Kauksi Ülle
Jüri Vaidla
Heiki Valk
Kristel Valk
Arvo Valton
Ilmar Vananurm
Siimu Velbri
Anne Velliste
Helle Vilu
Urmas Virkmaa
Ants Vooremaa
Ain Väli
Signatures of organizations:
Estonian Central Council in Canada
Society for Maintaining the Tartu Peace Treaty
Association of Rear-Admiral J. Pitka's Brothers In Arms
(9 June 2005)
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