The Constitution, why people are voting
After the rallies, now a choice must be made
TIRANA — The propaganda campaign has closed, and tomorrow, more than two million Albanians will finally have to make known their decision on the proposed Constitution.
Politicians are now silent, and the people hold the deciding power. Every political party, every major association and the religious communities have set out their position in recent weeks in order to guide people’s vote. But in this flood of words, a great deal of confusion also risks being created.
The ideas put forward are numerous and, despite individual differences, it is possible to clearly distinguish the two opposing trends: those who are in favor of saying “Yes” and those who are in favor of saying “No” to this Constitution. Here then is a summary of all the positions expressed during the three weeks of the propaganda campaign: those who say “pro” always do so by distinguishing their own view from that of others. Those who say “against” also express different reasons, essentially based on different arguments. Although saying a simple “Yes” or “No” seems easy, the issue of the Constitution remains very complex, and it is only natural that the judgment on it should be as well. But the moment of the vote — that is, of the decision — has arrived. What matters is that tomorrow, when entering the voting booth, people know exactly what they are voting for and why.
At the Constitutional Court, three explosive resignations
Berisha while voting in the 1992 elections
Cause: failure to examine the opposition’s request
At the Constitutional Court, three explosive resignations
TIRANË — Earthquake at the Constitutional Court. Three of its members — Thimio Kondi, Natasha Sheshi and Ylli Myrta — submitted their resignation yesterday. The reason: the court’s decision to leave unexamined the request by the two opposition parties, Socialist and Social Democratic, concerning the unconstitutionality of the law on the referendum. The judges’ decision came only a few days before the referendum vote, but they stress that their resignation is in no way political and has to do with their professional ethics. “This action by the Constitutional Court — Kondi explains to Gazeta Shqiptare — is a blow to the dignity and authority of the institution we belong to.”
The three members of the Constitutional Court formally submitted their resignation on Thursday through a special procedure. The failure to consider Niko Peleshi’s request links the decision simultaneously to Parliament and to the President of the Republic, since these two bodies appoint the constitutional judges. “We were forced to take this step — says Kondi — because although we are not to blame for these actions, we do not want to stain our name.”
The opposition’s complaint against the law “On the Referendum” and its request for its repeal failed in the organization of the referendum for the Draft Constitution this time before the law was approved by a majority vote in Parliament. Since that day until today, with only a few days left before the referendum, no answer has been given. “It was too serious to be examined — says Kondi — and there was not even any need for such a thing; after the referendum it would have no effect.” Meanwhile, by Thursday no committee chairman had arrived. During these three events. We will gather and issue a statement,” were the words of the judges themselves.
The building where the Constitutional Court is also located
Berisha while voting in the 1992 elections
The building where the Constitutional Court is also located
Why they are voting “Yes”
PD
The Democratic Party has presented the Draft Constitution as a democratic document of European standards. It says it protects human freedoms and rights such as freedom of thought, conscience and religion, the freedom to choose and organize, and condemns violence, abuse and the misuse of democracy. The Constitution guarantees the rule of law as well as the independence and separation of legislative, executive and judicial powers. Its approval will mark the final liberation of Albanians from communism and will open the doors to Europe for them. The referendum is the most democratic form through which — according to the main constitutional provisions as well — Parliament delegates its will to the people’s vote.
PR
The Republican Party has declared that approval of the Draft Constitution will be the concrete step toward institutionalizing the political change achieved on 22 March. The Constitution clearly defines the relationship between the state and the individual, leaving the latter the right to realize, to overthrow and the President, with his powers, cannot act arbitrarily or without control. PR and property, leaving a new space to achieve the return of property to the lawful owners.
Independent Union
The Independent Trade Union of Albania has viewed approval of the Draft Constitution by referendum with complete support, and has cast doubts on the positions of its own members. According to BSPSH, this draft for the first time as a whole presents procedural answers and addresses Albania’s interest in every government and will create clear premises and possibilities for accelerating economic development. The future Constitution clearly sanctions pluralism in Albania as well. It also says this is the final road away from communism.
Christian Democrats
In favor of the referendum and the Draft Constitution, although without making a clear call to leave the vote to the free judgment of the people, the Christian Democratic Party also lines up. Approval of the referendum is, for Albanian democratization, the most democratic form of free expression of thought and the vote of democracy. That value is also reflected in the Constitution, which is seen as an expression of political will toward the continued development of progress and the economic development of Albania. The Draft Constitution drafted by the president will receive this party’s full support until the end.
Muslim clergy
Among those in favor of the Constitution are the main leaders of the Albanian Islamic Community, who say to the people: “We would have liked this Constitution to include the words ‘Religion is protected by law,’ but according to the statutes it was left out. Perhaps the very wording of this Constitution seems like madness if even the opinion of the religious communities had been missing, there would have been no law.” According to them, being in favor of the Constitution is therefore necessary, because no state can exist without such a basis. “We also agree — they add — with the draft Constitution because it guarantees freedom. An independent community on a religious basis, because any condition could burden it with politics.”
Why they are voting “No”
PS - PSD - PAD
The Socialist Party is in total opposition to the Constitution: “We are not against just a few articles, but against its very core. From the form of government, where Albania is not declared a parliamentary republic, to the excessive powers of the President. Nor does it ensure the independence of the judicial bodies.” In the same line are the Social Democrats, who simply point to the lack of independence of the judiciary. The position of the right-wing Democratic Alliance is also unchanged; among other things, it sees the President’s powers as a possibility for a personal and unlimited power. For all three parties, the method of approval by referendum is also an unconstitutional act.
Balli Kombëtar - PDD
The Balli Kombëtar Party has stated that the proposed Constitution seals the betrayal of the national cause. It does not treat Albanians who remain outside the borders as part of a nation that enjoys union with the mother state. Meanwhile, the Right Democratic Party has defended the view that the President, with the powers granted by the Constitution, effectively holds legislative, executive and judicial power in his hands. “That is also — among other things — an expression of the impossibility of approving the Constitution by referendum.
Legaliteti
The hard-line position of the Party of the Legaliteti Movement. According to them, “after the declaration of the unconstitutional law on the referendum, and after the decision that was immediately and irresponsibly rushed through to take the Draft Constitution not for discussion in Parliament, but for approval by referendum, Albania is entering a new phase of power legitimacy, very similar to the years 44-46 when the PKSH prepared the ground for the dictatorship of the proletariat. The Draft Constitution, in an arbitrary way, aims to declare the republican form of government generally unquestionable.”
PBDNJ
The Human Rights Union Party has insisted that the Draft Constitution should first have gained the trust of Parliament. In the way the referendum has been organized, the main constitutional provisions already in force are brought forward. As for the content of the Constitution to be voted on, PBDNJ sees that some of its specific articles are not clearly defined and that in one of them the creation of political parties on ethnic and religious grounds is prohibited.
Orthodox Church
The Orthodox Church’s opposition to the draft Constitution is summed up in a single provision. For the representatives of this faith, the provision protects religious freedom in the long term. “Because every known and accepted history, true religious freedom of the religious police of a country means, in principle, independence from any kind of interference in its internal affairs coming from outside and from other religious communities which have much, what in the legislative and state organs. This provision creates not only local problems for today, but will certainly also make the position of the Orthodox Church more difficult in the future.”
“Only local monitoring”
TIRANË — The monitors of the Association for Democratic Culture (SHDK) will be absent from the district commissions. The Tirana Central Commission has refused to appoint nine of the 30 people that SHDK submitted for approval. The reason — according to members of this commission — is that only political parties taking part in local government have that right.
“The presence of association representatives in the district commissions — SHDK spokesperson Miranda Gac explains to Gazeta Shqiptare — would help us have faster information on the election results. Nevertheless, we will be involved if we provide a preliminary assessment of the polling observations.”
SHDK is prepared to deploy its 2,500 members to monitor the conduct of the referendum vote in the 4,614 polling stations throughout the territory of the Republic. Along with them, four observers from the American National Democratic Institute, who have arrived especially for this purpose, will also travel around Albania.
SHDK was formed in the early months of 1991 with the support of the American National Democratic Institute and has the permanent goal of being active in all electoral campaigns held so far in Albania. The figures it has provided to the public before the official results have, on all occasions, been wrong by up to 0.5 percent. During elections, but also in the periods between them, this association has contributed to the development of democratic processes.
Armand Mero
Students at the crossroads: “Yes, no, I don’t know...”
A journey through the classrooms of the faculties. Different opinions from young people
TIRANË — What do students think about the Constitution? Will they exercise it, or have they read it in full or only partly? While many students know what Gazeta Shqiptare is? We have heard opinions only not far from the Medical student from Gazeta? They write opinion but do not know. Meanwhile, some are positive, committed, and carefree.
Elvis Prifti, student of geometry, in Korçë: “Well, I know it, but not much. And yes. Because also the constitutional? But does it make sense? Albania? But should I vote for it? Yes, and yes?”.
... [?]
but I am in favor of it being"
“Students of the Faculty of Law, because of the very profile of their field, are mostly hesitant toward this issue. According to most of them, the Constitution represents ?”
While others say that it contains “the excessively broad powers of the president” and does not support any form of republic, whether parliamentary or presidential, and “denies the right of the arrested to choose”.
“However — they add — we need a constitution, even if it may not be perfect.”
Arlinda Çushaolli
REFERENDUM / On the eve of the vote, here are all the positions at stake
Observers
TIRANË — International observers are arriving to monitor the conduct of the referendum vote. Three members of the General Assembly of the Council of Europe have confirmed their arrival, following an invitation issued by the Foreign Relations Department of the People’s Assembly.
Meanwhile, the Albanian authorities have received numerous requests from representatives of various international organizations, from parliaments and from foreign offices, which are seeking to follow closely the vote on the Draft Constitution and the representatives of the American National Democratic Institute.
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