11/11/1994
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Rilindja Demokratike

11 November 1994

PD, PSD, PR and PBDNJ agree to recommend that Parliament establish a new commission to draft the Constitution proposal

President of the Republic Sali Berisha meets with the chairmen of the parliamentary parties President of the Republic Sali Berisha called a meeting yesterday with the chairmen of the parliamentary parties: Messrs. Eduard Selami, Chairman of PD; Servet Pellumbi, Deputy Chairman of PS; Skender Gjinushi, Chairman of PSD; Sabri Godo, Chairman of PR; and Mr. Vasil Melo, Chairman of PBDNJ, concerning the issue of the Constitution. Yesterday, President of the Republic Sali Berisha called a meeting with the chairmen of the parliamentary parties: Mr. Eduard Selami, Chairman of PD; Servet Pellumbi, Deputy Chairman of PS; Skender Gjinushi, Chairman of PSD; Sabri Godo, Chairman of PR; and Mr. Vasil Melo, Chairman of PBDNJ, to discuss the issue of the Constitution. The President stressed that the Constitution must be the greatest priority of all Albanian political forces because, although the final results have not been confirmed, on 6 November the people, in their first referendum, said NO to the draft Constitution, which had been drawn up on the constitutional principles of a parliamentary republic, the rule of law and a market economy, and had received broad support from experts and specialized international organizations. But the people’s verdict, expressed through a free vote, is to be respected and is not open to dispute. The fact that the people did not approve this draft makes it imperative that a new draft be prepared by a constitutional commission. Therefore, I recommend that the political parties in Parliament elect a new commission in Parliament and reach a consensus, guided by the aim of ensuring that Albania has, as soon as possible, a more perfect draft constitution, as a condition for consolidating reform and integrating Albania into European institutions, and that it be submitted to the people for approval once again; perhaps, after the first referendum, it is for the people to decide on the Constitution. In this regard, what I can suggest, having analyzed your disagreements over the draft constitution, is that you decide by consensus on the form of the state, based on a model from successful countries of European democracy. As a second alternative, I would suggest that Parliament establish a non-partisan commission of experts, with the participation of foreign experts, to draft the Constitution proposal. The party chairmen considered this step by the President an important effort to find a way for Albania to have a Constitution as soon as possible. The Chairman of PD, Mr. Eduard Selami; the Chairman of PSD, Mr. Skender Gjinushi; the Chairman of PR, Mr. Sabri Godo; and the Chairman of PBDNJ, Mr. Vasil Melo, agreed to recommend that Parliament establish a Commission to draft the Constitution, while Mr. Servet Pellumbi, Deputy Chairman of PS, said that unless the procedure followed for approving the Constitution was condemned, he would not give his consent to Parliament establishing a new commission for the new draft Constitution. The leader of PDSH, Eduard Selami, asked about the meeting of the parliamentary parties with President Berisha, gave the following opinion to Editor-in-Chief Lorenc Ligori: - I consider President Berisha’s initiative to be very positive. At this first meeting of the parties, we joined in his recommendation. Together with three other parliamentary parties, PSD, PDNJ and our longstanding ally PR, we agreed the new Constitution proposal. Next, after obtaining the opinion of the National Council of PDSH, we will consider how to present the proposal and how to approve it. I consider the meeting that took place positive because a spirit of consensus was evident among all the parliamentary parties for resolving the Constitution issue. I debated with Mr. Pellumbi, opposing his idea of holding new elections, which I considered an unreasonable demand. On 6 November, the people did not vote for the seats of one party or another, and we did not campaign as a party; rather, we tried to ensure that Albania had a Constitution. We regard the people’s “NO” to the draft that was put to a vote as a matter connected first and foremost with the draft itself. We value the message the people sent and will try to improve the draft Constitution and our work as a party in government. There are certainly things in the draft that was put to a vote with which the people disagreed, and it is our duty, together with the specialists, to determine exactly what they are. For this reason, we agreed to establish a new Commission to draft a new Constitution proposal.

The leader of PDSH, Eduard Selami, asked about the meeting of the parliamentary parties with President Berisha, gave the following opinion to Editor-in-Chief Lorenc Ligori: - I consider President Berisha’s initiative for Albania to have a Constitution as soon as possible to be very positive.

We will continue the work so that Albania has its own constitution

Yesterday in the People’s Assembly — DECLARES PD SECRETARY-GENERAL TRITAN SHEHU — The People’s Assembly continued its plenary session yesterday. At the beginning of yesterday’s session, the Chairman of the Presidium of the People’s Assembly, Pjeter Arbnori, informed the deputies of the Presidium’s decision that independent deputy Rivdan Peshkepia was barred from taking part in parliamentary proceedings for one week, because on several consecutive occasions he had spoken without permission and had seriously insulted the deputies and the Chairman of the Presidium of the People’s Assembly. Then, according to the agenda, consideration began of the draft law “On an exception to the rules provided for in legal inheritance under the Civil Code,” submitted by a group of deputies. Regarding this draft law, deputy Halit Shamata said that it had not yet been considered by the Laws Commission and therefore should be left to be considered and approved by parliament after the parliamentary commission had discussed it first. In light of this, parliament decided that this law should be left for consideration and approval at another plenary session. The draft law concerning the seizure of vehicles used to commit criminal offences was then discussed. Deputies Agron Musaraj, Halit Shamata, Azem Hajdari, Petinka Minga, Gjergji Raka, Blendi Cela, Genc Ruli, Fadil Çepelë, Ndue Gjika, and others debated this draft law at length, presenting their views on which authority should have the right to seize vehicles used to commit criminal offences. Under the draft law, the police station chief has the right to seize a vehicle with which a particular criminal offence may be committed. However, deputy Halit Shamata, chairman of the Laws Commission, called this article of the draft law a violation of legality and said that it should therefore be amended in another way, in accordance with the legal provisions in force. Deputy Agron Musaraj, Minister of Public Order, speaking about this draft law and, in particular, the article granting the police station chief the right to place under seizure the vehicle with which the criminal offence is committed, said that many other countries in the world have such a law; indeed, by law, parliament has granted the financial police the same right to seize property. After extensive discussions on this draft law, it was decided that it should first be discussed by the Laws Commission and the Finance Commission, and then returned to parliament for consideration and approval. Yesterday’s parliamentary proceedings then continued with a discussion of the draft law “On an interpretation of Article 1 of the law on the restitution and compensation of property,” submitted by a group of deputies. Deputies Gaqo Rrota, Gëzim Luli, Perikli Teta, and others spoke on this draft law, saying that parliament has no right to interpret the articles of laws that have been passed; that right belongs to the Constitutional Court. The deputies discussing this draft law said that the article should be reformulated and then submitted to parliament for discussion. At the end of the gave the floor for statements to independent deputy Perikli Teta, who spoke on behalf of the AD, and deputy Haxhi Aliko, who spoke on behalf of the PSD parliamentary group. Deputy Tritan Shehu, secretary-general of the PD, then made a statement on behalf of the Democratic Party parliamentary group, in which he emphasized, among other things: “The PD’s position is, and will remain, that Albania should have a constitution, because this will consolidate democracy in the country and create the conditions for integration into European structures. “The draft Constitution we presented,” he said, “was good, met European standards, and was based on democratic principles, but it was, of course, not perfect. As appears from the information available so far, the people did not accept it. We will undoubtedly abide by their verdict, because we respect it. At the same time, we will continue working so that Albania has its own constitution. We are ready to cooperate with those political forces that want this, while respecting all the norms of the legal process; however, we will never accept any kind of diktat that conflicts with the mandate the people gave us on 22 March 1992.” Yesterday’s proceedings ended there. The next session will open on Wednesday at 10:00. NDREKE GJINI people’s verdict, expressed through the free vote, is respected and is not subject to debate. The police station chief has the right to seize the that right belongs to the Constitutional Court. Regarding this draft law The deputies discussing it to parliament for discussion. At the end of the session will open on Wednesday at 10:00. NDREKE GJINI

Press conference by the Observer Mission of the Association for Democratic Culture

Yesterday at the Palace of Congresses in Tirana, the Observer Mission of the Association for Democratic Culture held a press conference for journalists. First, Ms. Miranda Gaqe, the association’s press secretary, distributed a report which stated, among other things: On 6 November 1994, more than 1,800 volunteers from the Association for Democratic Culture observed the voting process during the referendum on the draft Constitution at more than 2,000 of approximately 4,600 polling stations throughout Albania. In addition to observers assigned to specific polling stations, the Association had 10 mobile teams, each of which visited 3–4 districts. The Association only observed the referendum and did not attempt to supervise the process. The Association’s mission is to promote transparency, tolerance and understanding among civic activities, as well as to observe elections. The Association first observed national elections in March 1992 and has since observed two local elections, in September 1993 and May/June 1994. The Association did not take a position on the Constitution, but only encouraged the citizens of Albania to vote according to their preferences. Before the referendum, the Association met with all parliamentary political parties in Tirana to discuss their positions on the referendum and their activities in connection with it. In addition, the Association was in contact with the Central Election Commission in Tirana; mobile teams and local coordinators also met with election commissions in the districts and, where possible, with representatives of the PD and PS parties in the districts, as well as the main political forces that held opposing views on the draft Constitution. Based on the results reported by its observers, the Association stated that the majority voted against the draft Constitution. The Association noted that the government’s preparations for the referendum had been better than for the March 1992 elections and the most recent local elections. The polling stations were well organized, most had signs identifying them as polling stations, and at most polling stations the Association’s observers saw election commission members working with a strong sense of accountability to enforce the election law. Furthermore, voter turnout of 70% demonstrates Albanians’ interest in democratic processes. (Continued on page 2)

Irregularities and tragic incidents have been confirmed

REACTION TO A. SHKULLAKU’S ARTICLE The referendum showed that Albania is truly a democratic country, because the free vote was respected and the voting was generally orderly. However, we disagree with the opinion of our colleague from “Koha Jone,” A. Shkullaku, who calls the concern of PD chairman Mr. Eduard Selami that there had been irregularities and that the election commissions had fallen short in their work “humorous.” This is all the more so because, during the referendum, there were also painful, tragic events, such as the killing of 34-year-old Mark Gjini Prenga, or the disappearance of the PD observer in Beral, Ermal Sino. THE EDITORIAL STAFF

There are possibilities for further cooperation

A short time ago, Romanian presidential adviser Mr. Mishu Negriciou visited Albania. After returning from his visit to Albania, he gave an interview to the veteran newspaper “Vocea Romuniei,” with journalist of Albanian origin Arben Grada. Arben Grada: Mr. Negriciou, you have returned from your visit to Albania. Was this a long-standing wish of yours? Mishu Negriciou: It is true. I have felt drawn to a region, to a country I had never visited before, and, to tell you the truth, I expected it to be (Continued on page 2)

The new composition of the US Senate, House of Representatives and governorships

USA WASHINGTON: Below we give the new composition of the Senate, House of Representatives and American governorships, based on reports provided by television networks. House of Representatives: Previous composition: 256 Democrats, 178 Republicans, one independent. New composition: 225–230 Republicans, 198–204 Democrats, one independent (11 seats have not been determined). Senate: Previous composition: 56 Democrats, 44 Republicans. New composition: 52 Republicans, 48 Democrats. Governors: Previous composition: 29 Democrats, 20 Republicans, one independent. New composition: 29 Republicans, 20 Democrats (one still undecided).

The Democrats’ electoral defeat will have no consequences for US diplomacy

WASHINGTON—The change in the majority in Congress following the Democrats’ defeat in the legislative elections will not change the broad lines of American foreign policy, a political official and expert stated. The only change, explains Robert Leiber, director of the Department of Political Science at Georgetown University, is that President Bill Clinton, whom Congress has opposed and constrained on domestic and economic issues, may try “to be more active in foreign policy, one of the few areas where he can get things moving.” Congress has less power in this area: Clinton, like his predecessor, Republican George Bush, did not ask for its permission to send thousands of troops to the Gulf. Secretary of State Warren Christopher reaffirmed during his visit to Seoul “the continuity of United States foreign policy,” noting that “its main elements have had support from both parties.” On all the major issues (GATT, Bosnia, Haiti, Cuba), Clinton has in fact been attacked by some Democrats and supported by some Republicans. Christopher warned the Japanese and Europeans “that there will also be continuity in our commitment to liberalizing trade.” The first test of coexistence between a weakened president and a reinvigorated Republican opposition will be the GATT agreement on international trade, which will be presented to the current Congress. In his statement before the vote, Clinton called on Democrats and Republicans to unite to ratify the agreement before the end of the year.

PAGE 2 - THE ALBANIAN DELEGATION AT THE CSCE REVIEW CONFERENCE PAGE 3 - LARES FLOURS WILL WITHSTAND THE COMPETITION THE URBAN TRANSPORT SERVICE WILL BE REORGANIZED PAGE 4 THE “BIRRA” ISSUE AND GLINA WATER: TWO SIMILAR STORIES?! PAGE 5 - A RETROSPECTIVE: THE RED CROSS, THE BLACK EAGLE PAGE 6 - KENDZABURO: YET THIS HAS HAPPENED IN THE PAST PAGE 7 - ADVERTISEMENT PAGE 8 - EURO ’96: THE SERIES OF QUALIFYING MATCHES CONTINUES

Announcement of the Central Commission for the Referendum Vote on the Draft Constitution of the Republic of Albania

. By decree of the President of the Republic of Albania, Sali Berisha, a popular referendum on the approval of the Draft Constitution of the Republic of Albania was held throughout the country on 6 November 1994. The Central Voting Commission for the referendum, whose principal responsibility was to monitor strict compliance with Law No. 7866 of 6 October 1994, “On Referendums,” took all necessary measures to ensure that voting on approval of the Draft Constitution was conducted in full accordance with it. Although the referendum was held for the first time in Albania from a procedural standpoint, the rules were generally the same as those set out in Law 7873 of 16.6.1992, “On Elections to Local Government Bodies.” Despite the experience gained from these elections, irregularities were confirmed in several districts of the country, such as Tirane, Korce, Berat, Fier and some others, in the preparation, timely publication and accurate completion of voter lists; in the establishment of voting commissions at the various levels; in the implementation of all legal voting procedures; and in other matters. Notwithstanding these shortcomings, some of which were rectified by the district commissions and the Central Commission, the latter is of the opinion that the referendum was conducted normally. The referendum was also observed by representatives of various international and domestic organizations. In view of these circumstances, and pursuant to Article 38 of Law No. 7866 of 6 October 1994, “On Referendums,” the Central Commission announces the final results as follows; these were processed by the team of the Institute of Informatics and Applied Mathematics, which worked on the matter on a continuous basis. Of the 1,985,986 citizens registered on the electoral lists, 1,676,833, or 84.43%, took part in the voting. Of this number, 699242 citizens voted for the Draft Constitution, or 41.7%, while 903630, or 53.9%, of Albanian citizens voted against it. Consequently, pursuant to Article 36 of the law “On Referendums,” the Constitution on which the referendum was held is deemed rejected, since fewer than 50% of eligible citizens who participated in the vote voted in favor. Secretary ARBEN BRAÇE Chairman VLADIMIR KRISTO Deputy Chairman ETHEM RUKA [handwritten note: 11 November 1994]

Yesterday in the People’s Assembly

Mission press conference

There are possibilities for