—Address by the President of the Republic, Mr. Sali Berisha, at the Conference on Human Rights in Vienna— , distinguished guests, Mr. Chairman, Madam Secretary-General of the Conference, Mr. Secretary-General of the UN, first of all I wish to thank you, Mr. Secretary-General of the UN, as well as you, Mr. Chairman, and your friendly country, for organizing this UN Conference, convened to address a subject as old as humanity itself, and as important and great as humanity itself. In the codes and constitutions of different countries and peoples, freedom, as a natural condition of the individual’s existence, and their fundamental rights have been reflected and expressed in different forms, and, unfortunately, in most cases they have been curtailed, ignored or even denied. Yet, among all the codes and constitutions of humanity, there has been one code, even more ancient, in which they are expressed in their original form more clearly and broadly than anywhere else. This code protected them from all dictators and dictatorships, from all barbarities and atrocities; it copied and transmitted them intact from generation to generation. This amazing code is the genetic code of the human being. As we Albanians know, the communist dictatorship was among the most brutal, and this is not a distant memory. But what is greatly encouraging is that today we are fully determined to create in the Balkans a model of society based on the rule of law and respect for fundamental human freedoms and rights. Post-dictatorial societies are always exceedingly complicated. They are a mixture of old and new, often incompatible, psychologies, practices and attitudes; societies in which persecutors and victims must live together and, to some extent, accept reconciliation as the only way forward; societies in which a social pathology dominated by self-censorship, duplicity and other syndromes created by the combination of fear and lies under dictatorship is replaced by another, dominated by the syndromes of euphoria and analgesia produced in a liberated person by the first breath of freedom, and later by psychosis, despair and disillusionment, which arise among large numbers of people from the time lag between freedom and prosperity. Post-dictatorial societies are like a broken mosaic, waiting to be reassembled according to new principles, laws, norms and practices, all based on respect for the individual’s rights and freedoms. This is a difficult road, but it is a road that leads to the light. Mr. Chairman, Albania’s past is among the most difficult, and the legacy of the dictatorship we have left behind is a very heavy burden. But I have faith and believe that Albania must and will move from the example of dictatorship to the example of freedom. First, because the Albanians are a people who, throughout their history, have created hope. Our long history certainly contains tragedies and prolonged occupations, but it also contains unparalleled efforts and sacrifices for freedom. Above all, however, I would say that our achievements and results in recent years on the road to democracy are encouraging and give us great hope. Today, Albania has one of the most advanced human rights charters, and not only this human rights charter, but all Albanian legislation and Albanian institutions are being developed in accordance with European standards. In this regard, we have received great assistance from the Council of Europe, the European Community, the bodies of the United Nations, as well as other international institutions and organizations, to all of which we are very grateful. For its part, Albania has decided to accede to the UN Convention and has requested to sign the Council of Europe Convention for the Prevention of Torture. But even more important and very encouraging is the respect for and consolidation of freedoms and human rights in our country. Thus, today in Albania no one is prosecuted for their opinions; there are hundreds and hundreds of magazines and newspapers, more than 80% of them privately owned, in which everyone freely expresses their opinion on everything. Today, dozens and dozens of political parties and hundreds of non-governmental associations and organizations are active in Parliament and outside it. But, alongside the development and consolidation of political pluralism, I believe Albania should be valued and admired by everyone for its religious pluralism, whose beauty undoubtedly lies in the faiths that make it up. For centuries, three large religious communities—Muslim, Catholic and Orthodox—as well as various sects, have lived here, and are now being revived. I believe the Albanians’ perfect religious tolerance represents the great message of a small people to all humanity. The draft Constitution submitted to you for consideration has been drawn up with due regard to the content of the constitutions of almost every state with a long-standing and consolidated democracy, as well as the constitutions of several European states which, like us, are in transition from a harsh Slavo-socialist dictatorship to a system of pluralist democracy, based on the principles of a market economy and the supremacy of law throughout social and state life (such as the constitutions of Romania, Hungary, Bulgaria and Croatia, adopted during the past two years). In drafting this proposal, due efforts have been made to reflect as fully as possible the valuable recommendations submitted to us by the Commission for Democracy through Law (the Venice Commission), as well as by other distinguished specialists working in various European and international bodies. The contents of each part of this draft—the second part on Fundamental Human Rights and Freedoms, which you approved, and the subsequent parts—have been prepared on the basis of the existing law on Constitutional Provisions and foreign models informed by world experience. Below, I will present the main directions of the proposed draft. This part also includes the usual provisions on the official language, national symbols, etc. II. Fundamental Human Rights and Freedoms. The entire content of this part reproduces—with some stylistic improvements—the provisions of Constitutional Law No. 7692, dated 31.3.1993, bearing the same title. It should be emphasized that this law has received positive assessments not only from the Venice Commission but also from well-known specialists in this field from various European countries. It is now clear that the socialist gentlemen are not interested in the Constitution, but in escalating the situation. They insistently demanded that the draft be presented on 16 June 1993, and now they say, ‘How can it have been done so quickly?!’ The members of the commission are demanding explanations—I do not know from whom or about what—and they do not tell us what they have done or what they intend to do! That is their position on the law on fundamental freedoms and human rights. At this solemn moment, I want to remind you that you, together with the Motionists, your offspring, are the only political forces in Europe that rose up and voted against the law on human freedoms and rights, taking upon yourselves the stain of shame and clearly showing that you are the continuators of Enver Hoxha, who had condemned the Helsinki Charter and the European Security Charter and left Albania outside the Helsinki Charter. At the command of your Enverist leader, you waged a shameful battle against the law on human rights and freedoms because, in its place, you would have preferred the infamous communist manifesto. Your Enverist leadership, which holds conferences around the world about the dictator Enver Hoxha, has surely ordered you to denounce the Constitution presented to the Constitutional Commission by the working group. To honor you as well, a copy was given to each of you, to show that the PD is a political force that keeps its word. This Constitution embarrasses you because it signals the end of your power. Therefore, I call on the deputies and all Albanians to discuss the new Constitution with maturity and patriotism. I call on all deputies of all parties to contribute with dedication to the preparation of this draft. On behalf of the majority group, I assure the Albanians that soon they will have one of the most advanced constitutions in Europe. We want an assembly because we are not power-hungry. As soon as we did not have a two-thirds majority, we showed that we could bring Albanian political forces together and achieve two thirds. To those hoping for a parliamentary crisis, I can say that the fate of this Parliament was determined by the people’s vote on 22 March. Thank you. human being; therefore, human freedoms and rights are eternal and immortal, both divine and human. Encoded in the individual’s genes, written in their conscience and heart, transcribed in their ideals, published in sacred books and other books, they have been and remain the most precious treasure of the individual’s spiritual and psychological heritage, their chief motivation in the struggle, efforts, sacrifices, suffering, creative work and great commitments along the eternal road to freedom. That is why, throughout human history, individual freedom and rights, and the struggle to realize them, have been the principal driving force behind all the greatest historical, political, economic and social developments and transformations. Mr. Chairman, This conference is being held at a time when hundreds of millions of people have been freed from the yoke of some of the harshest dictatorships humanity has ever known. I can tell you that on this occasion, as in all great historical transformations, such as a revolution, the struggle for the individual’s fundamental freedoms and rights was decisive in tearing down the Iron Curtain and bringing down the Berlin Wall, as well as setting these countries and peoples on the road to democracy. In this context, as is now… Post-dictatorial Albania is like a broken mosaic, awaiting reconstruction on respect for the individual’s rights and freedoms. This itself of the United Nations, and the psychological analyses that the first taste of freedom creates in a person who has been liberated, followed by the consequences of despair and disappointment that arise among a large number of people because of the time lag between freedom and prosperity. Today Albania has adopted one of the most liberal systems for freedom of movement. It is determined to adopt, and is adopting, the most advanced system of rules and laws for the treatment of minorities. Thus, the Greek minority, which received 49,000 votes throughout Albania in the most recent free elections, has two members of its party in parliament and four members from other political parties. In Albania’s central and local administrations, members of this minority include ministers, ambassadors, judges, mayors and councillors. Three newspapers are published in Greek; it has access to broadcasting media; elementary and secondary education are guaranteed, and next year we will also open a higher-education institution. Minorities develop their culture and practices; they preserve and develop all their ties with their country of origin. During the past year, the Albanian government drafted and is implementing a rigorous programme of economic reforms, through which it aims to

Outside the agenda, yesterday morning the Prime Minister, Mr. Aleksander Meksi, in his capacity as chairman of the Parliamentary Commission for drafting the new Constitution of the Republic of Albania, came to the People’s Assembly to read a document about the draft Constitution submitted and to provide explanations concerning it. After the report was read, many deputies asked questions and took part in the discussion. Their contributions seemed to be characterized by constructiveness and common sense in some cases, and by prejudice, tendentiousness and politicization in others, especially from the social-communist front of the Assembly. Deputy Eduard Selami, chairman of the Parliamentary Foreign Affairs Committee and chairman of the PD, welcomed Mr. Meksi’s appearance before the Assembly on constitutional matters, seeing it also as a factor that could reduce political tensions to some extent. In his remarks, he asked whether we would manage to reach an agreement or whether the Constitution would be used as an apple of discord. The latter is in nobody’s interest, least of all Albania’s. He proposed that the next steps in drafting the Constitution be determined. Deputy Imami, speaking on behalf of the group of independent deputies, expressed his objections and reservations about the work of the Parliamentary Commission for drafting the Constitution, and said that we have no disappointment today, have made no declaration that we are leaving the Assembly, and have announced no apocalypse. Nevertheless, he concluded, we say that we will intensify our political efforts to draft a serious Constitution. The chairman of the PSD, deputy Skender Gjinushi, speaking on behalf of his parliamentary group, expressed reservations and objections about the lack of seriousness and the delays of the Constitutional Commission, as well as the indifference of the Assembly Presidium regarding constitutional matters. This issue, he said, cannot be resolved through deadlines and commitments. A more effective measure would be to suspend the Assembly’s proceedings so that work on the Constitution could continue; during that suspension, other deputies of the People’s Assembly could also assist the commission. “I appeal to the Assembly,” Mr. Gjinushi concluded, “to support our position—or, more precisely, our joint decision taken three months ago.” Speaking on behalf of the PS group, deputy Dokle began his remarks with attacks, accusations and insinuations concerning the President, the government, the PD and others, perhaps as part of a coordinated plan to muddy the waters in international opinion (?!) regarding the constitutional issue. As usual, invoking the name of the people, he called the presentation of the current draft Constitution a deception. “We still do not know,” he concluded, “what comes after this deception, and we have the right not to believe. We ask for time to withdraw and decide what our position will be.” At the end of the session, Ali Spahia, chairman of the PD parliamentary group, spoke on its behalf. Among other things, he called on deputies from all political forces to contribute to discussion, review and improvement of the submitted version of the draft Constitution. The session then adjourned. The next session opened in the afternoon, at 17:00. RD CORRESPONDENT

—Prime Minister Meksi’s address at yesterday’s session of the People’s Assembly, in his capacity as Chairman of the Commission for drafting the Constitution— In my capacity as chairman of the Constitutional Commission, I inform you that the working group, which is part of it, together with the finest specialists in the field of constitutional law, has prepared the draft Constitution and submitted it for comments and consideration to the parliamentary commission appointed by you to prepare the Constitution of the Republic of Albania for presentation to the People’s Assembly. In this draft, the first part has been incorporated; the second part, on Fundamental Human Rights and Freedoms, was approved by you; and the remaining parts have Constitutional Provisions and foreign models informed by international draft. The draft has been formulated with careful attention to Albania’s concrete historical needs and conditions, its future stages of development and, above all, the need to consolidate contemporary democracy as the only humane system of government for our people. After a very concise introduction, but one of profound historical and political significance for our entire nation, the provisions of this draft have been divided and grouped into six parts: 1. Fundamental Principles, in which the following stand out in particular: the democratic form and characteristics of the Albanian state; national sovereignty; the principle of legality; the principle of dividing state power into legislative, executive and judicial branches; pluralism and political parties; and the secular nature of the state (in Italian). III. The Highest State Organs, which separately addresses the legal status, main prerogatives and other fundamental characteristics of Parliament, the President of the Republic and the Council of Ministers. In this draft, the name People’s Assembly has been replaced by Parliament, for the following reasons: a) the term Parliament is now internationalized and was used consistently in the constitutional acts of the independent Albanian state, especially during the period 1920–1939; b) the etymology of the term “People’s Assembly,” first used in the 1946 Constitution, does not express the legal status, pluralist structure and broad prerogatives of Parliament. As is known, Albanian assemblies were gatherings of men only (one man from each household) from a region, village or tribe, which considered and resolved matters, particularly judicial and administrative ones, according to the principles of the Kanun. This draft Constitution has also adopted a unicameral rather than bicameral parliamentary system. The creation of a Senate was considered entirely unnecessary, given that only three and a half million inhabitants live within the borders of political Albania. Consequently, state expenditure would increase to cover the operation of this representative institution, and the consideration and adoption of laws would be considerably delayed. A Senate existed in our country only from 3.3.1925 to 30.9.1928. Studying the state experience of that period clearly shows how unnecessary the Senate was—and remains—for Albania. The provisions in this part make it unmistakably clear that Albania remains a Republic. Fundamental Human Rights and Freedoms, adopted by you, as well as the other advanced provisions based on the existing Law on Constitutional Provisions and foreign models drawing on worldwide experience. Below I present the main directions of the section of the draft submitted to you. The draft Constitution submitted for your content of the Constitution of almost every country with a long-standing, countries which, like us, are in transition from the of law throughout social and state life (examples include the constitutions of the Republics two years). In drafting this proposal, the necessary other distinguished experts who also carry out their work within various European and international organisations. 11. Fundamental principles, among of legality; the principle of the separation of political parties; the secular nature of the Albanian state; state care for Albanians living beyond the borders of our state; the relationship between international law and domestic legislation; the basis of the country’s economy and the two types of ownership (that is, private and public), etc. It is envisaged that the legal regime governing state-owned property will be regulated by a separate law, namely the Civil Code, which is currently being drafted. This section also includes the usual provisions concerning the official language, national symbols, etc. 11. section reproduces (with some stylistic improvements) the same title. It is worth noting the Venice Commission, but also from well-known experts in this field from various European countries (especially Dutch, Austrian, German, Polish, French and

—Address by the chairman of the PD parliamentary group, Mr. Ali Spahia— It is now clear that the socialist gentlemen are not interested in the Constitution, but in escalating the situation. insisted quickly?!” The commission members what—and they will do?! From the entire opposition, not a single constructive idea, only abstractions and “regret” that, despite all the difficulties, we now have the draft of the new Constitution in our hands. Gentlemen nostalgic for the dictatorship, I wish to remind you that your moral and political authority stemmed from the criminal Constitution of 1976. That infamous Constitution gave you the opportunity to destroy this people’s property, land and economy, and to degrade human dignity. It was the Constitution of the demons of power, and you are the ones who showed it with