BY CONSENSUS: ON 16 JUNE 1993, THE DRAFT CONSTITUTION WILL BE BEFORE PARLIAMENT
-Prime Minister Meksi, in his capacity as chairman of the commission for drafting the Constitution, presents to the People’s Assembly the progress of work on the draft Constitution of the Republic-
At yesterday’s session, the People’s Assembly first approved the draft law “On Statistics.”
Then, at the request of the PS parliamentary group, Prime Minister Aleksander drafting the Constitution of the Republic of Albania, gave a presentation on the progress of the work of that commission. Mr. Meksi stressed that work on the first chapter of the draft had been fully completed and that work was under way on the other chapters, also in consultation with foreign specialists. Meanwhile, he emphasized, the drafting of laws relating to various chapters, such as the judicial system, local government, etc., was not being hindered by the work of this commission.
Finally, Mr. Meksi proposed and considered three months to be the shortest possible time for presenting the completed draft Constitution to the People’s Assembly.
After questions from various deputies and answers from Mr. Meksi, a three-month deadline for submitting the draft Constitution was accepted by consensus. Thus, this draft is expected to be presented to the People’s Assembly on 16 June 1993.
LOVE AND RESPECT FOR FREEDOM ARE THE PATH TO TRUE REBIRTH
President Berisha meets students from our universities
“you say it.”
Freedom of expression is the foundation of a democratic society and a vital condition for its progress and that of every individual, the European Convention on Human Rights states. In this respect, freedom of public debate constitutes the essence of the concept of a democratic society. Thus, the more we honor another person’s words, the more we honor freedom and democracy. Free speech, a free press, free debate and free expression are conditions for the existence and functioning of a democratic society. The possibility of abusing and violating this right does indeed exist, but I want to say that, throughout human history, dictatorships and totalitarian regimes have been established through its curtailment, infringement and restriction. Such restriction also lies at the root of duplicity, self-censorship and other syndromes of social pathology and the distortion of human beings that characterize totalitarian societies. That is why Article 2 of this draft law expressly states:
“Freedom of expression of opinion is inviolable. Prior censorship is prohibited.”
This entire article has been drafted in accordance with international documents that guarantee freedom of thought and its expression.
You honor freedom because you respect freedom of belief and freedom of faith. A person who believes has a strong spirit and great hope. By respecting their beliefs, you have respected your own beliefs and found yourself. Only in this way, Jung said, can we be ourselves; only in this way can our spirit be enriched and ennobled ever more. Freedom of belief and religious belief are great spiritual and intellectual assets. They are crucial to freeing our spirit from the traumas and syndromes created by imposed atheism. We need them to develop virtues—generosity, honesty, courage, and, I would also say, compassion. Dictatorships are soulless, merciless systems; they trample on and gravely wound the spirit of every individual. Compassion is the antidote to the harshness they cultivate, but it is also the most humane and noblest quality of free people. It is free labor that creates capital and prosperity.
Respect for free initiative is inseparable from respect for property, development and the prosperity of our families and our country. That is why Article 27 of this draft law states: “No one may be denied the right to own private property, alone or together with others, or the right to inherit.” With this, we aim for all of Albania to become the property of free citizens who are owners. This will greatly accelerate not only the development of the economy, but also Albania’s economic integration into the region and Europe.
The draft law you have prepared guarantees the right to creativity and intellectual property, thereby emphasizing that without the development and respect of the intellectual potential and creative genius of Albanian intellectuals, democratic society will remain anemic and extremely fragile. Only the expression and reaffirmation of the great cultural, spiritual, intellectual and artistic values we inherit, and their further development in conditions of freedom, will enable our nation—one of the oldest in Europe—to integrate with dignity into the family of the continent’s civilized peoples.
You want freedom and the right to organize because you want a pluralistic society. Political pluralism is a fundamental condition for the existence and functioning of a democratic state governed by the rule of law. Article 20 the right to organize collectively for any lawful purpose.”
I think—and this is indeed—one of the most precious articles in our legislation. The bitter experience of our country under monism clearly showed that the absence of political pluralism is the political condition for the existence of totalitarianism. More than anyone else, we must honor parties whose programs aim for a democratic Albania. Parties, associations and various organizations are like the lungs, the breathing organ of a democracy. Recognition and respect for one another greatly enrich the spectrum of democracy and guarantee diversity of political thought.
“their identity.”
As you can see, this article expresses the very essence of the freedoms and rights granted to national minorities by the Copenhagen Charter and the UN Universal Declaration of Human Rights. But this article also expresses the tradition of fraternal coexistence and mutual respect that has existed between Albanians and national minorities in Albania. A person who loves freedom can never be indifferent to another person’s freedom. The presence among us of free minorities of other nationalities should be seen as a true wealth by all those who believe in friendship—and we Albanians are second to none in this regard.
Minorities bring us closer to countries and civilizations with which sincere friendship connects and unites us. Members of minorities in Albania have made outstanding and valuable contributions to our history. In every era, together with Albanians, they fought for and defended Albania’s freedom, developed their own culture and contributed to the development of Albanian culture. Our attitude toward minorities is a significant test of how we look to the future. People belonging to minorities have two homelands; therefore, through our legislation and our conduct, we must make Albania their first and most beloved homeland.
Dear students,
At this brief meeting, I do not intend to analyze every article of the law on the fundamental rights and freedoms of the individual, but have focused only on some of the most important ones. Overall, however, I want to tell you that the draft law on fundamental human rights and freedoms is the law of all laws; it is the foundation of the state governed by the rule of law. Distinguished Albanian and foreign specialists, as well as the European Commission of Human Rights of the Council of Europe, have worked on this draft law. It reflects all the international documents dealing with human rights, while Albanian tradition has also been taken into account. Overall, however, I want to tell you that it is fully in keeping with the European Convention on
the draft law “On Human Rights and Freedoms,” which, on the basis of my legislative initiative, I submitted to the People’s Assembly as an addition to the law “General Provisions of the Constitution of the Republic of Albania.”
A group of deputies representing various political parties honored me with their presence at this meeting. I am convinced they will convey the views of this student parliament to the Albanian parliament.
I came here out of my great desire to preserve and continue the dialogue with you, but I also came knowing that freedom and human rights loom large in the minds of you, the student youth.
It is true that, during the long communist dictatorship, in its protracted slumber and numbness, the dream of freedom grew ever larger in the spirit and hearts of most Albanians. But that dream was on an explosive, gigantic scale among you, and, as is known, the force of that explosion struck the dictatorship a mortal blow. Therefore, you students, together with the youth of Kavaja and all Albania, are and will always remain honored for as long as Albanians honor and love freedom.
I came to you today with the deep conviction that you, who began your efforts for freedom and human rights, you who fought for and brought freedom, honor it more than anyone else. rebirth. The person who honors freedom is a reborn person; the nation that honors freedom is a reborn nation; the country that honors freedom is a reborn country.
You love freedom because you honor life. Freedom is the natural condition of human existence. You love freedom because you love free human thought. Thought can only flourish and develop with all its strength in freedom. Free speech is life’s stimulus, and thus its Bible. Free speech is speech. Freedom of thought and its expression is a fundamental condition for affirming and discovering the truth. It is also the discovery of truth. It is likewise a great dimension of every democracy. Democracies are founded on truth. Free thought and freedom of speech begin with another person’s right to think differently. Therefore, we who have experienced dictatorship must always honor free speech and always bear in mind Voltaire’s great lesson, which says: “I disapprove of what you say, but I will defend to the death your right to say it.”
...the national press of the Republic takes freedom of the Albanian, as the path of human genius. a law on the path of human genius.
...the human condition dealing with human rights, and Albanian tradition has also been taken into account. Overall, I want to tell you that it fully complies with the European Convention on Human Rights and Fundamental Freedoms, thus expressing our unwavering modern values concerning the establishment of the legal foundation necessary for Albania’s integration into Europe, and thereby realizing our dream of rebirth, the dream of all Albanians. Approval of this law is decisive for protecting and developing the universal values on which democratic society is built and develops, values that we have also established in today’s Albanian society.
Dear students, post-communist Albania has undergone, and continues to undergo, a difficult rebirth. It inherited from the communist system a collectivist economy in a coma, legislation that served the people of one of the harshest dictatorships, the greatest poverty in Europe, many more bunkers than telephones, and the serious syndromes of social pathology, practices, psychology, shadows and even nostalgia for the past. In short, we face great challenges. Post-dictatorial society resembles a seriously ill patient in convalescence, and I can tell you that the only effective means of its recovery is freedom, freedom and freedom alone.
You want an Albania open to the world; freedom of movement will make it so. You want a prosperous Albania; a free economy will enrich it. You want a developed Albania; free science, free art and free literature will develop it. You want a dignified and beautiful Albania; freedom is a great beauty that can keep growing all day long, and the greater it becomes, the more beautiful, noble and worthy Albania will be.
Let us look at our history. Foreign and domestic occupations often left Albania “with its head in ashes,” whereas freedom will make it a dignified lady. Today it needs a life of freedom. A free person, Nietzsche says, can be good or evil, whereas an unfree person is a disgrace to nature.
TIRANA, 16.3.1993
Dear students,
Ladies and gentlemen,
A DEMAND AND AN EXPRESSION OF THE FREE ALBANIAN SPIRIT
On 15 March at 17:00, in the hall of the Academy of Arts, President Berisha held an open discussion with students from all the communities of our universities. We are all familiar with the draft law on human freedoms and rights, to which this meeting was also devoted. After the keynote speech by the Minister of Education, Mr. Ylli Vejsiu, President Berisha spoke at length and forcefully. Questions and answers between the audience and President Berisha followed. Over the course of two hours, President Berisha answered more than 50 questions and comments from students concerning specific aspects of the draft law presented.
The integrity of the state as a complete dimension of the guaranteed expression of human freedoms and rights was articulated as a sanctioning of human initiative by the President of the Republic, Mr. Sali Berisha, who gave notice of it in Law No. 7491, dated 29.4.1991, “On the Main Constitutional Provisions.” First, this legislative initiative of Prof. Berisha gives concrete form, at last, to the Albanian people’s longstanding aspiration to respect the space of their lives, so tragically constrained. After a long history of tragedy for the Albanian individual and the dreadful massacre of their rights during the 50-year inquisition of the communist dictatorship, the President of the Republic has taken the initiative to be the first to restore the inviolable freedom of Albanians—as a people, a collective, an individual, an aspiration and a feeling for today and the future. Second, this legislative initiative—namely, the addition to the law “On the Main Constitutional Provisions” of “The Fundamental Human Rights and Freedoms”—restores among Albanians their awareness and faith in democracy, the democratic state and democratic reason.
This initiative does great honor to President Berisha, since it sanctions the peaceful spirit of the Albanian and the dream of reaching democracy and the rule of law with full courage and respect for all humanity.
Human rights in Albania and their enshrinement in constitutional law have been and remain a major, longstanding concern of the Albanian President.
In this way, by calling for the fundamental human rights and freedoms to be enshrined in law, Prof. Berisha once again proved to Albanians and world opinion that his message during the Democratic Revolution—peace, freedom and justice—consistently guided his work as head of state toward the consolidation of democracy. At the same time, Albanians are protected by such a law on the path of human genius. a law on the path of human genius.
Human rights a major, longstanding concern of the Albanian President.
Beyond realizing a great ideal that filled the spirit of millions of Albanians during a great revolution, this also honors the intellectual thought that led that revolution, not least because it was led by democratic intellectuals, among them the most deserving representative of the 1990–1992 revolution, its leader, Prof. Berisha. Likewise, the chapter “On Fundamental Human Rights and Freedoms,” added to the “Main Constitutional Provisions,” properly guarantees human freedom and rights through a modern law of the kind that every democratic society in the world would enact, since it conveys cultural messages and faith in society’s reason.
The very fact that this law is President Berisha’s initiative, and that it gives Albanians the psychological peace they need to build their social, collective or individual lives with the state’s protection guaranteed, is itself significant. The greatest guarantee that these rights will be respected in life is that they are embodied in law.
MIE BUÇPAPAJ
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