Ever since Estonia regained independence, almost 14 years ago, one of the thorniest domestic issues has been of what to do with the Soviet military men, who chose to remain, rather than return to a Russia fraught with uncertainty. It was a well known fact that military postings to the Baltic nations were sought after, not only because life was simply better there during Soviet times, but also because the locals were much more tolerant, than, say, in Georgia.

Many high ranking Soviet officers knew where their bread would be best buttered. Estonian governments, after peacefully negotiating for the return of the conscripted troops were stuck with the problem of what to do with the officers. Many of them were long retired; well-established with property, unlikely to go back to what few confusing roots may have remained. And then there were the middle-aged recently retired, still capable soldiers, whose presence in Estonia was seen then as a security threat. That threat has lessened, what with Estonia’s NATO membership, but it has not gone away.

Especially so, considering that these men and their families are by international law stateless. Soviet citizens, who refused to return and take out Russian citizenship, and also refused to take advantage of Estonian residence laws, learn the Estonian language, are in effect aliens.

The numbers are not inconsiderable. According to the Interior Ministry almost 30,000 such officers and their family members live in Estonia, who have not been granted resident status. Their temporary resident papers need to be renewed every two to three years.

In the days before the May 9th events in Moscow, where the Kremlin propaganda machines pulled out all stops attempting to put their spin on their contribution to the end of WW II, many of these officers resurfaced into the limelight. While the photo-ops captured wizened and grey generals groaning under the weight of their Soviet medals bemoaning the lost good old days, there were a fair number of 50-ish fighting men who attended the celebrations; men who had not even been born during the "Great Patriotic War" yet still felt a bond with the old regime.

I had an interesting conversation recently with an astute and very well-informed octogenarian Toronto Estonian officer, a man who had gained his first commission before the 1939 "Mutual assistance pact" that saw the Red Army establish military bases on sovereign Estonian soil. This artillery officer fought alongside military men from many nations in the Estonian Blue Mountains, or Sinimäed, in 1944, valiantly refusing to yield to the red hordes, and quite naturally has strong opinions about the fact that these Soviet officers are still allowed to reside in Estonia.

This gentleman offered a novel solution. He suggested - while we weighed the pros and cons of the Estonian president's refusal to attend the May 9th celebration, - that the Estonian government was being given an opportunity to raise the issue of these stateless officers in the international media. As stateless people, they could not apply for a visa to Moscow - but travel to there was not a problem. Why, then, asked my friend, could Estonia not bar their return entry? No visas, no citizenship, no status - eto nje problema ! Keeping the officers from returning from the Moscow celebrations would, in theory, be defensible by international law.

Of course, Estonians tend to avoid direct provocation at all costs, and this would have set the Kremlin a-froth.

The issue of stateless temporary residents in Estonia has returned to being under public scrutiny, thanks to the well-meaning European Union, whose umbrella directives often allow for no variance with regard to local considerations.

This week the Council of the European Union issued an Eurodirective (2003/109/EÜ) which makes it compulsory for Estonia to grant permanent resident status to these former Soviet militarymen and their families. The Directive states that as of January 23, 2006 all European Union member states must grant such status for residents of EU states who are not citizens of those states but citizens of another state (emphasis mine), as long as these individuals have legally resided with temporary resident permits for five consecutive years in that EU member state. The only requirements that the EU demands are a stable and regular source of income and proof of health insurance.

These officers would then, in theory, no longer have to re-apply for Estonian living permits. Even better, they would also be granted the right to travel for up to three months in the EU, - visa free!

Estonia's Foreign Nationals Act bars, on security grounds, the granting of permanent residence permits to former Russian officers. And rightfully so - such individuals cannot in good conscience be seen as friendly to the nation.

Otherwise they would have taken steps to satisfy Estonian residence requirements, and gained permanent residence already.

The key stumbling block of this Eurodirective is the fact that it makes no allowance for stateless people. Many of these officers are Soviet citizens, - an international entity that no longer exists.

Statistics are sobering. Estonia has 1,153,972 citizens, and another 224,254 residents; of those 41,067 are temporary residents, the rest have permanent status.

Nationalities minister Paul-Eerik Rummo told "Postimees" on May 30th that it is still too soon to determine whether this Eurodirective covers these former Soviet officers. Rummo noted that this is an unprecedented case in international history, where military men of another nation could be granted rights to reside in a sovereign state.

The simple truth, however, is that Polkovnik Ivan and Politruk Sergei just will not go home. This Eurodirective provides them with more reason to stay in Estonia, in hopes of gaining further EU boons. Estonia's security organizations indicate that there are perhaps only a few hundred former Soviet officers resident in Estonia that need keeping an eye on. Surely, however, this is a few hundred too many.

Once the Riigikogu reconvenes in the fall this new ukase from Brussels should be hotly debated, and a satisfactory solution must be found that is not imposed from above but settled willingly from within.

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