Lavly Perling: Consider all avenues on Russian citizens' voting rights question
For as long as the Riigikogu has recognized the Russian regime a terrorist state, the voting rights of its citizens in Estonian local elections should be suspended, Lavly Perling, former prosecutor general and leader of the Parempoolsed political party writes.
This is a question of ensuring Estonia's security, affirming the country's sovereignty, and curbing undue Russian influence.
The state must be capable of imposing restrictions on voting rights in a manner consistent with the rule of law; thoughtfully and constitutionally, and by the 2025 local elections.
The war going on not too far from us has lasted three years now.
The degree of Russian influence and interference in the domestic affairs of other countries has been well-known for quite some time, while the current Riigikogu parties have been sharing power for nearly two years now, yet there is no indication of cooperation on this crucial issue.
Time is running out. Since the parliamentary parties have not reached a consensus or found a solution to revoke or suspend the voting rights of Russian citizens, Parempoolsed, along with Leo Kunnas, stepped in to assist.
Together we drafted and submitted a bill to the Riigikogu, which, if it were to pass, could address the issue quickly and without having to amend the Constitution, yet remaining constitutional.
The bill presented by Leo Kunnas differs from previous proposals.
It does not affect the rights of all third-country nationals, and has a shelf-life, so it does not constitute a revocation, but rather a restriction, of the rights enshrined in the Constitution.
This proposal specifically addresses Russian citizens only, as our own Riigikogu has recognized the Russian Federation as a state under a terrorist regime.
By addressing the urgent issue facing the 2025 elections, the adoption of this bill would permit society to continue the discussion on constitutional amendments and to consider whether voting rights should be universally revoked from all third-country nationals, or if this security-related issue could be managed via more moderate restrictions.
Beyond that it would be viable to explore ways to support those Russian citizens living here who share our values, mindset, and vision for the future, and who wish to renounce their Russian citizenship, despite Russia not freeing them from that.
A constitutional amendment, as talked about by Prime Minister Kristen Michal, remains theoretically possible. But this would require 81 votes in favor, indicating a substantial level of statesmanship and collaboration between parliamentary parties, a well-considered constitutional amendment, and a concrete plan to amend other laws both in timing and in content.
The Constitution is the cornerstone of our statehood, and any amendments to it have to be well thought-through, deliberate, and robust enough to prevent the need for further modifications soon.
Currently, the Riigikogu parties are still debating which third-country nationals should have their voting rights revoked and which should get to retain them.
The debate has not even begun on the content or process by which third-country nationals would be selected and impacted.
A constitutional amendment alone in the context of the 2025 elections is not enough.
Just as it would be unrealistic to list in the Constitution all those countries whose [citizens'] voting rights should be restricted, it is highly unlikely that consensus on these countries among 81 MPs could be reached, and within weeks at that. There simply is no more time for this.
We must also ask ourselves if we really need to amend the Constitution so that, thanks to Russia's war and influence operations, we restrict the rights of all third-country nationals.
By doing so, we would be giving up those principles of openness and inclusion which have been in place for 30 years, purely in haste, and because previous leaders have not resolved the matter.
Right now there is no need to restrict the voting rights of British, American, Japanese, and many other nationals residing in Estonia, as these pose no threat to our security.
Granted, not all citizens of the Russian Federation pose a direct threat to our security either. At the same time, the harsh reality remains that if they still have not managed to renounce Russian citizenship by now, they had not found it necessary to do so earlier.
It is human to reason that in peacetime this issue may not have seemed significant, while some might have wanted to renounce their citizenship but didn't get the chance to: Yet they are pro-Western in their mindset and outlook.
I believe these people understand Estonia's need to restrict their political rights, specifically their voting rights, because, objectively, that citizenship entails a loyalty to a state with a terrorist regime at the helm.
Many of them have military obligations to the Russian state, and many have yet to realize that they are, in a sense, weapons in the hands of an aggressor state: As Russia indeed uses its citizenship as a weapon.
With this there is no need to fear the discontent of those who are loyal to Estonia but lose their voting rights for as long as Russia remains a state under a terrorist regime.
We must instead explain and communicate, demonstrating to those interested a potential path forward, supported and accepted by Estonian society. Within their communities, however, it remains a necessity to minimize the likelihood of pro-Kremlin influence gaining control in local governance and administration.
Without opposing a constitutional amendment, should 81 members of the Riigikogu support that, it is essential in the current political reality to consider that this amendment process should not overshadow other solutions, including the bill presented by Parempoolsed and Leo Kunnas.
In this way, we are avoiding a scenario where politicians realize come next spring that while the constitutional amendment failed, it is also too late for any other remedies.
The lawyers may squabble over whether voting rights can be stripped from Russian citizens via a constitutional amendment or if there are other ways to achieve this goal.
However, there is a general consensus present that allowing or denying people the right to vote based on spot checks regarding their loyalty is fundamentally at odds with the principles of democracy and of the rule of law.
I wish the Riigikogu strength in finding common ground, especially on suspending the voting rights of Russian Federation citizens in time for the October 2025 local elections.
This is a question of our security, of curbing external influence, and of asserting our sovereignty; a most pressing issue and one which requires swift resolution.
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Editor: Kaupo Meiel, Andrew Whyte