PARLIAMENTARY OBSERVER On 25 April 1991, at 10:00, the 4th session of the 12th legislature of the People’s Assembly opened. From almost morning until evening, the deputies discussed the draft constitution submitted for approval. A single concern was felt among all three parliamentary groups: the rule of law must begin functioning as soon as possible. This was also confirmed by PPSH deputy Lufter Xhuveli, who stressed that during meetings between the political forces in the previous week, common ground had been reached on unblocking the rule of law. Nevertheless, he continued, no common formula for the constitution had been reached. He then put two alternatives up for discussion. Indeed, each of the approximately 20 speakers from the PPSH and PD presented arguments on this issue, but they always directed the discussion toward solutions that would serve to get the state functioning. PPSH deputies N. Dokle, L. Çuçi, F. Abdiu, Sh. Canaj, Sh. Korbeci, and others considered it more reasonable to achieve this by approving the submitted draft constitution in principle. In their view, this draft constitution was a considerable achievement, since the constitutions of several advanced countries of the world had been taken into account in drafting it. They valued this draft, as well as the fact that it differed from and was much improved over the 1976 constitution. Meanwhile, PD deputies G. Ruli, A. Imami, L. Cela, V. Stamo, A. Mero, P. Arbnori, B. Reso, A. Billeta, and others did not see the solution for the functioning of the state governed by law... GENC TIRANA (Continued on page 6)

- PD deputy Genc Ruli explains the reasons - The abrogation of the 1976 Constitution and the adoption of a new, profoundly democratic and progressive Constitution is undoubtedly a factor with a significant impact on the present, but, even more, it will have an extraordinary impact on the country’s future and prospects. While the election by this Assembly of the country’s highest state bodies is a problem that more immediately concerns only overcoming the present situation. The specific reality we are experiencing today leads us to judge that these two problems, which are naturally connected, should not be dealt with solely within the framework of a determining condition. The fairest and most responsible solution to the problems of the present situation would be achieved only if, with realism and wisdom, we knew how to distinguish the issue of the state’s democratic constitutional order from the issue of rapidly establishing its principal bodies and providing them with the necessary full legal powers. But from the very beginning of this Assembly’s work, the solution to these two problems was ... [text continues, cut off at the lower edge] The outlines of the Project do not fully reflect those of a wholly democratic, modern and emancipated society and state. More specifically, we would emphasize the following shortcomings and defects in the document. 1. Despite the progress made in this regard, the articles of the draft still show, directly or indirectly, the dominant role of a state [paragraph continues in adjacent columns] ... political pluralism is not explicitly embodied in the political structures of the state. 4. The economic order enshrined in the draft contains quite a number of socialist categories and concepts, which our experience and that of the world have shown to have no prospects for survival (the role of the state, forms of ownership). Beyond these observations, it must be said that the Commission charged with drafting the draft constitution carried out a major and difficult task with considerable dignity and quality. The shortcomings set out must first be understood in light of the most evident fact: it was formulated under political conditions entirely different from those of today and was assigned tasks other than those it later had to face. The absence from its membership of representatives of the opposition parties has certainly narrowed the scope of the necessary opinions and discussions. Secondly, the major and rapid changes that have taken place over these few months have certainly outpaced the changes in people’s concepts and mentality. The drafters of the draft constitution, too, have been subject to this general phenomenon. The democratic state, and the political, economic and social order. This law would provide a general constitutional framework for the legal regulation of the state, without itself being either a provisional constitution or a new constitution. It would, of course, first provide for the abrogation of the 1976 Constitution and immediately serve as the basis for electing the Head of State, the Government and the other necessary bodies. Thereafter, within the constitutional framework of this Basic Law, various laws should be gradually enacted to provide for the legal regulation of different aspects and areas of life, society and the state. This package of laws would include, first, the decrees approved by the Assembly and issued up to recent times (on foreign investment, joint ventures, privatization, etc.), as well as new legal provisions in the economic and political fields. The legal regulation of the state would be based on this package of laws, headed by the Basic Law, until the new Constitution was issued. The not insignificant legislative and state activity that will take place during this period, and the developmental changes that will continue to occur in our reality, will also serve as extensive experience to be used for the benefit of drafting a stable, modern and progressive Constitution. The swift adoption of this Basic Law is the only possible act that is fair and realistic, if we take into account the time, means and experience available to us today. Drafting and adopting an entirely new Constitution is a difficult and lengthy undertaking, requiring more time, deeper consideration and a broader long-term perspective. ... of the democratic constitutionalization of the state, from the problem of quickly establishing its principal organs and equipping them with the necessary full legal authority. But from the very beginning of the proceedings of this Assembly, the solution to these two problems was clarified according to the other alternative: to subject them to a rigorous condition. The new Constitution should be approved on the basis of an approval in principle of the prepared draft, considering it a document with temporary force, and, on the basis of this constitution, the highest organs of the state should be elected. The group of opposition deputies, who during this week seriously and responsibly undertook the study of the Draft Constitution material, has reached the view that approving this document in principle would not be the right solution to the problems that arise. The first reason is that, in the content of the principles and claus... ... omnipresent in the various spheres of social life. This broad scope of the state's role and functions certainly limits the sphere of action of the individual and society (parties, the economy, camps). 2. The structure for organizing state organs is once again based on excessive centralism, leaving no room for local autonomy or administrative decentralization. Such an organization is entirely incompatible with a free society based on political and economic democracy. 3. Although it is declared to be one of the main foundations of the Albanian state, ... of the necessary constitution have also been subject to this general phenomenon. Approving the draft in principle as a complete constitution, but with provisional effects, which would very soon be subject to substantial amendments, would not be a well-considered and serious act for this first pluralist Assembly, which must face one of the most critical situations in the life of our nation. Honorable deputies! Taking a responsible view of the situations that have arisen, and in order to provide a legal path for establishing the state's governing organs with full authority, we propose: the drafting and approval of a Basic or Fundamental Law which, within a limited number of articles (a few dozen), would contain only the most essential principles for the organization of

The Special Parliamentary Commission, composed of deputies Ajlli Alushani, chair; Emin Mysliu, deputy chair; Stavri Kallço, secretary; and Gëzim Haxhiu, Islam Gjana, Ilir Dushi, Xhemal Dauti, Petraq Curri and Esat Myftari, members, began its work on 20. 4. 1991, in the absence of deputy Thoma Miço, who was unable to attend the Commission’s meetings for valid reasons. Aware of its great responsibility and of the need to clarify matters as soon as possible for the People’s Assembly, the entire public of Shkodër and the whole country, the Special Parliamentary Commission conducted its work in a spirit of understanding and complete unity among its members. After drawing up its work programme, the Special Parliamentary Commission held a series of meetings. Specifically, on 21.4.1991, it heard reports from the Chairman of the General Investigation Department, Qe- [text continues, cut off at the lower edge] ...investigators of the internal affairs bodies of the Shkodër district. In addition, the Commission held a separate meeting with the Special Investigative Group and the General Prosecutor’s Office, heard their reports and asked them to explain the work carried out, and insisted on the need to resolve the case as quickly as possible and hold those responsible to account. The Commission then met with representatives of various political forces, social organizations in the district, and representatives of the Religious Community. Alongside these meetings, the Commission also visited the families of the victims of 2.4.1991 to offer its condolences. On 24.4.1991, the Commission heard a report from the Minister of Internal Affairs, Gramoz Ruçi, who also answered the questions put to him. [text continues, cut off at the lower edge] On the basis of all the information, investigations and explanations provided by representatives of the authorities, political forces, Independent Trade Unions, investigative bodies and the prosecution service, the chronology of the events in Shkodër is as follows: - On 1 April 1991, in the early hours of the morning, groups of demonstrators gathered in front of the Democratic Party building in the city of Shkodër to protest the persecution following the 31 March elections, chanting various slogans such as “freedom - democracy,” “we do not want communism,” etc. In the afternoon, demonstr- (Continued on page 6) The Special Parliamentary Commission, after drawing up its work program, held a series of meetings and, specifically, on 21.4.1991 heard reports from the Chairman of the General Investigative Department, Qemal Lame, and the Prosecutor General, Rrapi Mino. It was briefed on the comprehensive account of the work carried out by these bodies to investigate and clarify the events in the city of Shkodër. The Commission then held several meetings in the city of Shkodër on 22 and 23.4.1991 to learn at first hand about the events of 1 and 2 April and those that followed, the investigations conducted, and the general situation in the city after these events. It held a meeting at the Executive Committee of the district KP with the deputy chairman and secretary of this committee, comrades Lutfë Trosani and Esma Ujkalinaku. Leaders of the Internal Affairs bodies also attended this meeting, including Based on all the reports, forces, Independent Trade Unions, and the investigative and prosecutorial bodies, 1 - On 1 April 1991, in the early morning hours, surrounding - the demonstr...

- From the initiative committee of the association of political prisoners - Honourable deputies! The Initiative Committee of the Association of Political Prisoners, Internees, Exiles and Persecuted Persons, together with a group of former political prisoners, internees and exiles, supported by the nationwide opinion of thousands upon thousands of our fellow sufferers inside and outside the country, and in accordance with the human rights deriving from the Fundamental Law of the State governed by law, the UN Charter, the Universal Declaration of Human Rights, the CSCE Final Act, the Document of the Copenhagen Meeting, the Conference on the Human Dimension, the Paris Charter of the CSCE, and other documents of international organizations and forums officially accepted by the Albanian State as well, request: 1 - The establishment of a Special Parliamentary Commission for a comprehensive and thorough study of the tragic social wounds of the polit- ...political internees and exiles! 2 - The immediate enactment by the session of the first pluralist Parliament in the 46-year history of postwar Albania of the release of all political prisoners who, for various reasons, are still serving their sentences, and of ordinary prisoners whose offences are deliberately given a political character through the legal definition of their guilt. 3 - The immediate enactment of the legal exoneration of all those convicted on political charges that contravene human rights and freedoms, as well as the review of fabricated and staged political and non-political trials. 4 - The State should publicly apologize to its victims, because it is not the State that forgives and shows mercy, but the people—the victims, prisoners, internees and political exiles! (Continued on page 6)

A NOTE FOR THE DAY We are accustomed to waiting for special instructions, explanations and clarifications after the People’s Assembly so that we can understand it. The Government has taken care to ensure that its decisions are never understandable or clear to the broad public. Even government officials themselves are left shrugging when asked about a government decision. In fact, even a PPSH Central Committee secretary responsible for the economy, before gathering journalists to explain a government decision (to give villagers two lambs), spoke at length, yet even he himself was unclear about some things. For example, which lambs were to be given—males or females? And he himself answered that under no circumstances should they be females, since there was a possibility of increasing production. That is how trouble springs from government decisions. They are real riddles that even the most capable specialists cannot find their way through. Our television colleagues are bombarded with all sorts of questions that they put to specialists, and it all ends up as a TV spectacle, while we are simply left bewildered. We understand nothing. People ask us about the latest government meeting, where, according to ATSH, “the TPB were recommended, in order to meet citizens’ requests to travel to Greece and Yugoslavia more quickly, to issue the relevant rules for granting Albanian visas at border crossing points.” Does our government not know that to travel abroad you need a foreign visa as well as an Albanian one? Then, according to this government meeting, our citizen must obtain an Albanian visa at our border crossing points, return to Tirana and wait in line at the relevant embassy to get the foreign visa. And this is supposedly to make travel easier and meet citizens’ requests more quickly! At present, citizens obtain an Albanian visa from the district internal affairs authorities, and this not only does not cause any particular delay, but, on the contrary, saves the citizen further running around. Meanwhile, the Council of Ministers recommends this, and we end up making yet another trip to the border. If it is no longer a matter of travelling to neighbouring countries to obtain visas there at the border crossings (and that, yes, would make travel easier), why is this government so keen to issue announcements that do more harm than good? Apparently our government still follows the old style: “keep people deceived for as long as it takes to get through the day.” There is no other logic behind obtaining Albanian visas at border crossing points when you have to return to Tirana to get the foreign visa. This decision meets citizens’ requests more quickly by adding a round trip to the border. Perhaps our rulers have some hidden aim: by going as far as the border, our citizens will look across and see the great differences between capitalism and socialism; they will surely smell the stench wafting from the other side of the border, the decay of imperialism as the final stage of capitalism, and their minds will certainly change, and they will hurry back to their families. Good grief! That the latest government meeting had more of a demagogic character is also demonstrated by another recommendation to the Ministry of Transport “to study the possibility of opening interurban routes Gjirokastër-Janinë, Korçë-Kostur,” etc. Take note: always following the unforgettable Enver method, at a time when mass departures abroad have become a gangrene for the country and the most urgent problem of the moment, the Government, instead of proposing a quick solution, proposes that the possibilities be studied. “Study the possibilities” presumably means that the Ministry of Transport should hold another meeting to discuss the government’s recommendation. Then a study group should be set up: this group will prepare a study, which must be approved at another meeting of this department. Then it should be discussed at some ... the interurban transport service gets postponed until the Greek season. There is also the possibility that, when one day the study is finally completed and submitted to the Government, the latter will shrug and say: I don’t have any such study. They sent the governments backwards, which recommended it... FËLIP ÇAKULLI