18/02/1993
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Zëri i Popullit

18 February 1993

The President of the Republic of Turkey, Turgut Ozal, arrives in Tirana today

As part of a visit to several Balkan countries, the President of the Republic of Turkey, Mr. Turgut Ozal, arrives in our country today. Mr. Ozal is expected to arrive in Tirana at midday, after a stay in Skopje. President Ozal is a well-known figure in Balkan and world politics and a personality of unquestionable authority in his country. For many years he was at the head of the Turkish state, first as prime minister and then as president. He has distinguished himself as a specialist in the field of energy, making a notable contribution to the electrification of Turkey, and as an economist with broad vision and a clear perspective. As regards his private life, Mr. Ozal is married and has three children. The visit of this distinguished personality to our country will surely give a new impetus to Albanian-Turkish relations.

THE DEMOCRATIC PARTY GOVERNMENT REVEALS ITS TRUE FACE

- The draft law presented for the return of properties to former owners protects a minority and is directed against the majority of the people - THE FAIRER ALTERNATIVE WOULD BE: A referendum is needed on the issue of former properties – By publishing this draft law in full, «Zëri i Popullit» invites all citizens to express their views on it – Pursuant to Article 16 of Law No. 7491, dated 29.4.1991, «On the Main Constitutional Provisions», upon the proposal of the Council of Ministers, the People’s Assembly of the Republic of Albania. DECIDED: ARTICLE 1 This law recognizes former owners or their heirs as having the right to the return of properties nationalized, expropriated or confiscated under legal and sub-legal acts and court decisions issued after 29 November 1944, or earlier without legal right by the state in any other manner, and also establishes the methods and measures for their restitution or compensation. ARTICLE 2 For the purposes of this law, property means immovable property in the form of land, buildings and anything else permanently attached to them, such as residential buildings, factories, workshops, shops, warehouses and any other structure. This law does not include the property of recognition, return or compensation for plots of land shall be 2 m². Where the property is from 2 to 10 ha, the amount recognized, returned or compensated shall be increased by 10 percent, while for properties over 10 ha it shall be increased by 1 percent. ARTICLE 6 Former owners of buildings and plots expropriated and occupied for state purposes, which at the time of expropriation were cleared for their full value, shall not benefit under this law. If former owners have claims concerning the amount of the valuation, they have the right to apply to the judicial authorities and, if their claim is upheld, they shall be compensated for the difference in the award, adjusted by the price-increase index. ARTICLE 7 Where buildings have not been demolished and are not used for public purposes, they shall be returned to former owners upon their request, even if they were expropriated for their full value. ARTICLE 11 Where a former owner’s plot has been transferred to third parties and there are no buildings on it, the property shall remain jointly owned. Disputes between the parties shall be resolved through the courts. ARTICLE 14 Tenants living in dwellings that are to be returned to former owners are required to vacate them within 3 years. If, during this period, the owner provides the tenant with another dwelling within the same residential area, with living space equal to the amount due under the housing standards in force when this law is issued, but no more than the tenant currently has, then the tenant is required to vacate the dwelling. ARTICLE 17 In the cases provided for in point «ç» of Article 16, the following shall apply; The state shall return to the former owner of the premises the purchase price of the premises, adjusted by the price-increase index. The former owner of the plot is required to pay the value of the investments made by the owner vacating the premises, adjusted by the price-increase index. The owner vacating the premises has the right to acquire up to a 50 percent joint ownership share with the owners of other premises that are not vacated. Priority in vacating premises that pass into the ownership of the former owners of the land shall be given to: a) Premises with an area of more than 70 m2. b) Premises whose use has changed. ARTICLE 21 Actions to recognize ownership under the provisions of this law shall be carried out by the bodies responsible for registering immovable property, on the basis of official documents submitted by the former owners. In their absence, ownership shall be established by court decision. Applications for transfer of ownership may be submitted within 6 months from the date this law enters into force. If, for a valid reason, the former owner was not informed, they have the right to have the time limit reinstated through the court. ARTICLE 22 With respect to the properties of former state enterprises, such as shops, warehouses, workshops, etc., former owners have the right of pre-emption to purchase these premises at the price set under the provisions in force. Citizens! The houses you would give away could become someone else’s property! Farmers! This is the first step toward taking your land!

Merchants! They are trying to take your properties away!

not include immovable property in the form of land covered by the law «On Land». ARTICLE 3 For the purposes of recognition, return or compensation for certain properties under this law, land means building plots and agricultural land. A building plot means land located within the boundary lines of inhabited centres at the time of expropriation. ARTICLE 4 Former owners and their heirs are recognized as having ownership rights to, and are returned, all properties that, when this law is issued, exist as vacant plots or unchanged buildings, except in cases where this law provides otherwise. ARTICLE 5 In all cases where this law does not provide otherwise, the amount of expropriation. Agricultural land means land located outside expropriation. ARTICLE 6 If the expropriated plot on which a building stands is vacant, the property is returned to the former owners. If the expropriated plot on which the building stands is occupied, the property is compensated under this law. ARTICLE 7 If public purposes, they are were paid their full value at the time of expropriation, after they repay the compensation received, adjusted by the price-increase index. ARTICLE 8 If the expropriated land, compensated at its full value, has not been used for the purposes of the expropriation, it is returned to the former owner after the latter repays the compensation received, adjusted by the price-increase index. ARTICLE 9 If it is established by a court that the properties were purchased by the state without the former owners’ consent, they are returned to the latter after they pay the sum received from the sale of the property. ARTICLE 10 Where buildings belonging to former owners have been transferred to third parties who are not acting in good faith, they are returned to the former owners, while the state repays the third parties the amount of compensation based on the sale price at the time of transfer, adjusted by the price index. ARTICLE 12 For plots occupied by buildings owned by other natural or legal persons, who purchased them from the state after 1 January 1991 for the construction of individual homes and commercial and service premises, the plot is returned to the former owner, while the state refunds the natural or legal person who purchased it the amount paid for the plot. Private natural or legal persons who own the building are required to pay rent to the owner of the plot or repurchase the plot under the contract concluded between the parties. Disputes shall be resolved through the courts. ARTICLE 13 Where the state or a tenant has incurred expenses for structural alterations, side extensions, additional floors, etc. to a property formerly in private ownership, the property is returned to the former owner without compensation if the expenses amount to up to 20 percent of the property’s initial value. Where the expenses incurred on a property formerly in private ownership amount to between 20 and 50 percent of the property’s initial value, it may pass into the former owner’s possession after that owner has paid the countervalue of the amount exceeding 20 percent, calculated on the basis of construction prices at the time the property is returned. If the expenses incurred exceed 50 percent of the property’s initial value, or if more than 50 percent of it was built by the state, the former owner shall receive compensation under the law on property. ARTICLE 14 another dwelling within the same inhabited centre, with living space equal to what the tenant is entitled to the tenant is required to vacate the dwelling. ARTICLE 15 Plots occupied by temporary buildings are returned to the former owner. ARTICLE 16 Where plots are occupied by permanent constructions, the owners shall be compensated as follows: a) With state bonds to be used at their equivalent value in the privatization of state properties, such as hotels, shops, factories, production facilities, social and cultural facilities, etc. b) With an equivalent area of plots near inhabited centres, in accordance with general regulatory plans, but no more than 1 ha. c) With an equivalent area in tourist zones, 1 ha. The remaining 1 ha under points «b» and «c» shall be compensated by other methods provided for in this law. c) By transferring ownership of premises in state or special-purpose dwellings that were privatized after 1 January 1991, in any case no more than 300 m2. In this case, the former owner of the plot has the right of first refusal. The Council of Ministers shall establish more detailed rules on the methods and deadlines for carrying out these compensations, on the basis of its decisions. ARTICLE 18 For vacant plots within the boundary lines of cities and tourist zones at the time this law is issued, which are to be returned to former owners, the amount returned shall be: — for plots, 1 ha, and the remaining 1 ha shall be compensated by the methods provided for in this law; — for agricultural land, 0.5 ha, and the rest shall be compensated under the law on land. ARTICLE 19 In all cases of compensation, first-category land shall be used for valuation. For the other categories, the criteria established by the Council of Ministers for valuing building plots shall be used. In any case, no more than the value of the plot being compensated; ARTICLE 20 On plots occupied by constructions that are spontaneous and spread across narrow plains. For this reason, the PS has often found itself unprepared to take positions on various strikes. Our party’s leaders in the districts have hesitated to make contact with strikers; even our MPs have not done enough in this regard. This appears to have been influenced not only by the constant ferocity of the authorities’ attacks, with accusations of «destabilization», but also by the PS’s position on trade union organizations and the trade union movement. ARTICLE 22 The properties of former enterprises and of foreign or joint companies are not covered by this law. ARTICLE 23 Commissions shall be established under the Council of Ministers and local government bodies to record the claims of former owners that have not been resolved by this law. ARTICLE 24 In all cases set out in this law, the price-increase index shall be calculated at the time the law enters into force. ARTICLE 25 Within 1 month from the date this law enters into force, the Council of Ministers shall issue the necessary sub-legal acts and take organizational measures to implement this law. ARTICLE 26 All legal provisions that conflict with this law are repealed. ARTICLE 27 This law enters into force 30 days after its promulgation.

The trade union movement and the position of the Socialist Party

The current trade union organization and movement in Albania has more or less adopted a pluralist model. This seems to reflect the lack of experience, the fragmentation of the social and political moment in which it emerged, and some unclear, unmotivated positions toward various political alternatives. The epidemic of party affiliation, which also affects the trade union movement, has brought about the fragmentation of this movement and often even opposition between trade union organizations. The much-needed, well-defined cooperation between the leaders of the two largest trade union organizations, the BSP and the Confederation of Trade Unions, has not led to any form of cooperation. Lack of cooperation between trade union organizations may serve their leaders and even those in power, but it is certainly not in the interests of the workers who belong to these organizations. A clear political orientation allows cooperation to breathe. Convinced of the weight and role of the trade union movement in the progress of democratic processes, the PSSh tried to establish ties, from the very first steps of its existence, with the two trade unions that existed in mid-1991. Efforts to establish ties and build a partnership with the BSP did not produce results, and the main reason for this outcome is now clear: the BSP was as burdened with prejudice against us as the DP. The same cannot be said of the progress of contacts with the Confederation of Trade Unions, which has been closer to us not only in public opinion but also in reality. Meetings were held with it at every level, from the centre to the grassroots, but the effectiveness of cooperation, especially during 1991, was almost nonexistent. The situation changed after the March elections. Nevertheless, cooperation, though we sensed it and it moved more quickly, has been spontaneous and confined to narrow areas. to take positions on various strikes. Our party organizations and the trade union movement. At the First Congress, and both before and after it, the party leadership declared that the PS would support the just demands of every trade union movement, regardless of organizational affiliation. The PS did not support the idea of creating trade un- (Continued on page 2)

Notice

Mr. Naim Peçi, President of the A-A Glina Gjirokastër Enterprise, announces that the plans for building a New Bottling Plant for Glina water are ready. He is pleased to invite construction companies in the Republic of Albania and abroad to present themselves at the Directorate of the A-A Glina Gjirokastër Enterprise if they wish to study the plans and submit an estimate of the costs for building this facility. Applications must be submitted by 15.4.1993. A-A Glina Enterprise GLINË Gjirokastër