The President of Exclusion

Posted: March 1st, 2016 | Author: | Filed under: elections, Estonia, politics, things that suck | No Comments »

This year, Estonia will get a new president. This position is largely ceremonial, with very few executive or legislative powers except the possibility to block the proclamation of laws which do not conform to the Constitution. Despite this, the position of the president is seen as in an important symbolic role for the elites, mostly due to the persons that have fulfilled this before.

The current president Toomas Hendrik Ilves has been a liberal moderniser, supporting publicly same-sex partnerships and acceptance of refugees, which are not popular positions. His profile has been more to give voice to Estonia (and himself) abroad and has achieved a lot. This means he is seen favorably by the liberal elites, as well as future minded technologists. For others, his last few years have been overshadowed by his private life.

The president of Estonia is also weak in terms of democratic legitimacy. He is elected by a supermajority of the parliament, which is usually difficult to achieve, or, failing that, an ad hoc electoral body which includes also representatives of local governments in addition to members of parliament.

The institution also carries historical baggage. The first president of Estonia was Konstantin Päts,  who in 1934 overthrew the existing constitutional order and established authoritarian rule. In 1938 he was ‘elected’ president, being the only candidate, because only three state institutions were able to nominate a candidate (these all nominated him) and all political parties were banned. After WWII Estonia had fallen under Soviet Union rule and when it became independent again, the institution of the President was re-established, but this time having totally different powers.

The biggest issue with the legitimacy of the institution relates to that fact that president can only be someone who was born Estonian citizen, i.e. at least one of her or his parents should have Estonian citizenship. This means that current president Toomas Hendrik Ilves qualifies, even though he had been born in Stockholm, educated and brought up in the United States and had not lived in Estonia until he was 40 years old. He also had US citizenship until 1993.

Compare this to one of the more popular Estonian Russian politicians Yana Toom, who was born in Soviet Estonia and has lived in Estonia all her life. Her parents had moved to Estonia during the Soviet era and thus she did not get Estonian citizenship until 2006, when she received it for special services to the Estonian state (most Russians have the option to naturalise, but some have also taken Russian citizenship or remained stateless). In the European Parliament elections in 2014 she was the fourth most popular candidate and was elected as the first Estonian Russian MEP. Unlike Toomas Hendrik Ilves, she will never be able to run for president according to the Constitution, as cannot any other naturalised citizens who are predominantly Estonian Russians, which is ca 16% of the citizens (many more Russians who have been born in Estonia do not have Estonian citizenship, i.e. are either stateless or have Russian citizenship).

The president is the only state institution in Estonia which has this requirement, and this requirement did not exist the 1938 Constitution. It is, however, not the only distinction between Estonian citizens who were those at birth and those who have been naturalised. The citizenship of those who have been naturalised can be taken away in certain situations, which leaves them in position that is vulnerable and produces instability.

It is difficult for me to imagine how it must feel like to be born and live all your life in a country and be denied the right to run for the position of the president just because you happen to belong to a minority. It seems an injustice to me. So even though I generally agree with the liberal stance of the current president, the injustice in who gets to be president taints the whole institution and undermines its legitimacy.

P.S. Yes, there are similar limitations in the US (which some people exploit to question the suitability and discredit presidential candidates), but in the US the system of citizenship is different. Anyone born in the US gets automatic US citizenship. Even so, I also think that the US limitation is unfair and goes against what the US stands for. President Schwarzenegger could have been great.



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