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The President of the Republic of Estonia signed the resolution to proclaim the Act Amending Paragraphs 2, 2¹, and 26 of the Riigikogu Election Act and Paragraphs 3, 3¹, and 26 of the Local Government Council Election Act06.12.2001
President Arnold Rüütel the resolution to proclaim the Act Amending Paragraphs 2, 2¹, and 26 of the Riigikogu Election Act and Paragraphs 3, 3¹, and 26 of the Local Government Council Election Act taking account of the fact that the text of the act concerned is not inconsistent with any of the provisions of the Constitution. Whereas the public interest which has served as the basis for the enactment of restrictions is apparently subjective and transient, the Riigikogu may, by virtue of its powers, decide to terminate the restrictions already established. That is the matter of its political will.
The United Nations Covenant on Civil and Political Rights sets forth and the practice of its implementation requests the equal treatment of citizens with respect to their right to vote and to be elected. Restrictions of any kind (e.g. age qualifications in regard to the right to stand for election) should be justifiable departing from objective and reasonable criteria. Individuals willing to stand as a candidate must not be excluded from the ballot on the basis of discriminating requirements, such as education etc. Thus the enactment of language criteria in the given election acts could be regarded as inconsistency with articles 25 and 2 paragraph 1 of the United Nations Covenant on Civil and Political Rights.
After signing the above-mentioned act the Head of State noted with regret that the sensitive language issue had become a matter of political controversy between parties and that the organisations of the third sector and through them the people had not been involved in this vital discussion. The President of the Republic observed that, if proficient arguments would have been presented in time consensus on this issue could have been reached. The issue of the protection of the mother tongue is certainly one of the problems which could be dealt with proceeding from the principles of national concord being recently topic of intense discussions. It is possible to find optimal solutions for the most complicated and sensitive problems if, through their representatives and non-governmental organisations, the people are given the possibility to participate in the discussion.
"I am convinced that there are no contradictions between the real democracy and patriotism," President Arnold Rüütel concluded.
Press Service of the Office of the President
Kadriorg, December 6, 2001
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