LAVLY PERLING ⟩ Kristen Michal, we have stepped in to assist the government!

Lavly Perling. Photo: Madis Veltman

• Time is running out, and the need to suspend voting rights is urgent.
• Citizenship policy needs to be reassessed on a broader scale.
• This restriction would be narrowly defined both in time and in the group of people it targets.

There is a deadlock on the issue of voting rights for citizens of the Russian Federation – the coalition government and a significant part of the opposition claim to recognize the need for this restriction, but no action has been taken, despite the urgency of the matter. The plan by Leo Kunnas and The Right helps to untangle this issue in a way that is suitable and feasible within the rule of law, leader of The Right Lavly Perling writes.

It is very positive that the debate on restricting the voting rights of citizens of the Russian Federation has gained significant momentum in recent weeks. Whether it was sparked by the decision by The Right's extended board meeting a few weeks ago to tackle this issue boldly or something else, it does not really matter.

I was pleased to read the interview by a journalist from ERR with Prime Minister Kristen Michal, in which he confirmed his wish to «clearly resolve this by amending either the law or the constitution, rather than leaving it half-done.» That is very good! Unfortunately, the prime minister appears to believe that voting rights cannot be limited until after the next elections, and he suggests postponing this action to subsequent elections.

I am confident that if the prime minister and his advisors examine our proposal, they will see that the options exist, and the votes to make this change in the parliament are already there.

In our view, the issue is far too important to allow for delays, so we, together with retired Colonel Leo Kunnas, found a legally sound solution on how to restrict the voting rights of citizens of the Russian Federation as early as in 2025. I am confident that if the prime minister and his advisors examine our proposal, they will see that the options exist, and the votes to make this change in the parliament are already there.

The core of the bill proposed by The Right and Leo Kunnas is an amendment to the Local Government Council Election Act. Since the constitution grants voting rights, it might initially seem that this right can only be restricted by amending the constitution.

However, this is not the case. The constitution indicates that conditions regarding voting rights can be set by other laws, and this is precisely what the draft by Kunnas and The Right seeks to achieve. Our reasoning is entirely based on Section 11 of the constitution, which allows restrictions on rights and freedoms only in accordance with the constitution. The constitutional basis for this restriction arises from the current situation, where the parliament has declared Russia a terrorist regime, and Russia's influence and interference in other countries' domestic affairs are more relevant today than ever, particularly concerning the elections in Moldova and Georgia. Therefore, time is short, and there is a great need to suspend voting rights.

Solutions must be found for those who currently wish to renounce their Russian citizenship, so they can pursue Estonian citizenship with state support.

It is essential to note that this involves a temporary suspension of voting rights, a distinctly political right, which does not impose any restrictions on the other fundamental rights or human rights of these individuals. Furthermore, the bill by The Right provides an opportunity for further debate: whether to move from suspension towards a constitutional amendment to revoke voting rights or to take a broader look at citizenship policy and find additional solutions to enable those who currently wish to renounce their Russian citizenship to pursue Estonian citizenship with state support.

It should also be noted that even for Estonian citizens, voting rights are not absolute. Section 58 of the constitution provides for the possibility to limit the voting rights of Estonian citizens who have been convicted and are serving sentences in custodial institutions. The constitution is not absolute in this regard but provides an option. This option is used in the Local Government Council Election Act, as Subsection 4 of Section 5 of this act provides that persons convicted by a court and serving a sentence in a custodial institution do not participate in voting.

Thus, under current practice, a fundamental right can be limited by law if the constitution grants the authority to do so. This is precisely what the constitution does regarding the voting rights of foreigners, referring to conditions established by law for the right to vote.

There are differing views among lawyers on whether it is better to amend the constitution or to proceed without doing so, with supporters on both sides. Ultimately, this is a matter of political choice. In the Republic of Estonia, only the Riigikogu enacts laws, and there are established procedures and constitutional institutions to verify their compliance with the constitution. Once a law is enacted and political will is expressed, its compliance with the constitution can be reviewed. Today, the most important element is political will and the formation of this will into a specific legislative proposal.

Prime minister, you have a strong majority in the Riigikogu, so everything primarily depends on the will of the Reform Party. If you have the votes, proceed with a constitutional amendment; it is still theoretically possible. However, it is definitely possible to implement a suspension of voting rights for citizens of Russia, a country designated as a terrorist regime, by the 2025 local elections through an amendment to the law governing local elections, and Leo Kunnas and The Right submitted just such a proposal to the Riigikogu on Thursday.

Lessons learned from the invasion of Ukraine have made it clear that local governments, their quality and loyalty are directly connected to the security and safety of the state as a whole.

In summary, the legal framework exists. There is also a clear reason – the Russian Federation is waging a war of conquest against Ukraine near our borders, questioning our right to statehood at every opportunity. Moreover, in October, the Riigikogu declared Russia a terrorist regime, yet we continue to grant its citizens a political right to have a say in our internal affairs. Lessons learned from the invasion of Ukraine have made it clear that local governments, their quality and loyalty are directly connected to the security and safety of the state as a whole.

The suspension of voting rights in this bill has a time limit – according to the plan by The Right, Russian citizens would regain voting rights if the Riigikogu removes Russia's designation as a terrorist regime. Thus, this restriction is narrowly defined both in terms of time and the specific group of people it targets. The bill as a whole is necessary and appropriate, with a justified and moderate restriction.

There is both a need and opportunity for action. I call on the coalition partners and the opposition to support the bill by The Right and Leo Kunnas, so that we can place the voting rights of citizens of the Russian Federation on hold for the upcoming elections.