24/03/1993
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Zëri i Popullit

24 March 1993

ALBANIA NEEDS A CONSTITUTION, NOT A POLITICAL SPECTACLE

After staying late into the night and throughout Tuesday morning, the People’s Assembly discussed the draft law «On the Fundamental Rights and Freedoms of the Human Being», submitted by the President of the Republic. The People’s Assembly discussed, until late at night and throughout Tuesday morning, the draft law «On the Fundamental Rights and Freedoms of the Human Being», submitted by the President of the Republic. Two opposing positions clearly emerged during the discussion. On the one hand, the PD parliamentary group arrogantly insisted that this law, which would be added to the constitutional provisions, be passed as quickly as possible. On the other hand, the PS parliamentary group, while recognizing the importance of human rights and freedoms, stated that submitting this law was a demagogic and unconstitutional act. By passing this law in Parliament, the party in power aims to obtain a «certificate» of welcome to present to international forums; it aims to improve somewhat its image, already distorted in the eyes of the people, and to patch its way through the constitutional crisis. In their speeches, Socialist MPs gave legal arguments for the unconstitutionality of submitting this law. The existing constitutional provisions stipulate that a draft constitution, or parts of it, may be submitted to the People’s Assembly only by the Special Constitutional Commission. Therefore, the President does not have this right. It is also legally established that the President cannot enact constitutional laws, but can only request amendments to the existing constitutional law. During these discussions it was pointed out that the hasty submission of this law, three months before the deadline set for the Assembly to adopt the Constitution, was an attempt to leave Albania without a constitution. On the other hand, with countless facts and arguments, Socialist MPs denounced the many cases of human-rights violations during this year in which the Democratic Party has been in power. In their view, it was essential that Parliament first establish a commission to investigate human-rights violations. Another reason the PS group opposed the submission of this law was that, at present, it saw no real guarantees that these rights would be implemented in practice. They would remain formal and demagogic, with false pretences, as long as the relationships between the branches of power, between the President, the Government and Parliament, as well as the form of the Republic and the elections, had not been definitively established in the Constitution. The Socialist MPs stressed that, as the least protected force, the opposition is among those most interested in human rights and freedoms; but this law does not satisfy the Socialist opposition. It wants more: it wants the Constitution. Therefore, the Socialist opposition cannot become an accomplice in the rulers’ demagogic actions. Despite the Socialists’ arguments, the PD group did not abandon its efforts to force this law through. They could have put it to a vote, but they could not reach the required number of 94 votes. Therefore, they left it until after Bajram.

CORRECT YOUR MISTAKES SO THAT NO ONE FEELS HOPELESS IN ALBANIA

Remarks by MP Fatos Nano Mr. Chairman, Honorable colleagues. The draft law on the protection of fundamental human rights and freedoms in Albania is extraordinarily important because it is constitutional in nature. As such, it serves as a final test for those who have exercised and controlled power for a year now: the PD and those it has placed at the helm of the country. From this perspective, the President’s legislative initiative would deserve praise, but only after he and his party answer, with real evidence and not demagoguery, the current concerns of the whole population and the questions of international public opinion. - Has Albania emerged from the crisis of totalitarianism, or has it sunk deeper into it over the past year? - Have Albanians been treated as citizens of the Republic of Albania, or have the seeds of national division and social conflict been revived on the basis of a new class war that deprives most of them of the opportunity to be free and protected by law in their private and public lives? - Have the former political prisoners of communism been integrated into society, or have their ranks grown with those persecuted in the post-communist period? Sadly, these questions, and others expressing people’s disappointment and opposition to the PD’s revanchist course of governance, have so far received the same answer: another year has been added to the 47 years of dictatorship, and the spoils of democracy’s victory have been seized by a group of ultra-right political adventurers who recognize freedoms, rights and privileges only for themselves and for their relatives and loyal followers.

To move from the «century of the state» to the «century of the human being»

Remarks by MP Namik Dokle We Albanians have remembered very late to utter Roosevelt’s words: «Free from the fear of tyranny». And yet, for now, we only utter them, and it is still unknown when we will enjoy that freedom. For everyone, the twentieth century was the «century of the state», of that ferocious machine whose gears crushed thousands of human lives and which, instead of grease, used the brains of the outstanding people of the age. Meanwhile, many peoples are taking the step toward the new century in the hope of entering the «century of the human being». It is well known that one of the fundamental definitions in the Charter of Paris is that protecting and developing fundamental human rights and freedoms is the primary responsibility of every government. It makes it possible for us to see the state not as something outside and above us, but through us and for us. So the question is not simply: do we or do we not have a law on human rights? If the question is simply about the draft submitted by the President’s working group, overall I would say—indeed, twice they have also consulted foreign specialists and international institutions specializing in this field. On the eve of the PD’s coming to power last year, two different statements were publicly put forward: President Berisha declared that they would implement the requirements concerning the human dimension, while the American Ambassador Rajerson declared that the Socialists would take to the streets ... …of the state, of this savage machine which, with its intrigues, has has used the brains of the outstanding people of the time. While many peoples are taking a step toward the new century with the hope of entering the “century of humanity,” can we Albanians hope for this too? Can we hope for efforts to draw closer to the human being, the individual, from a profoundly democratic position? Can we hope that human rights are not “a gift from someone else” but an attribute of the human being as a social creature, that they are not a product of the state but a product of democracy? Can we hope that we will move “from the statization of the human being to the humanization of the state”?! I pose these questions not as a politician, but simply as a human being. Because it is well known that the guarantee of human freedoms and rights is always presented as a relationship between the state and

The human dimension of today’s rulers is mere demagoguery

From the remarks by MP Sabit Brokaj The law on human rights and freedoms matters to all citizens, but especially to us in the opposition and to all those who think as we do or support us. For, as this year of PD rule has shown, it is not easy to be its opponent or not to have lined up on its side. “Are they allowed to think differently”? The answer remains hanging in the air, since the PD extremists themselves and their pseudo-national or international lobby are the ones exerting pressure, even blackmail, on that person and on the institutions. Therefore, the “rule of law” has remained demagoguery, as has this latest constitutional initiative of President Berisha. Given the demagoguery and violation of human rights in Albania, the Socialists—and not only they, but also the opposition front made up of hundreds of thousands of unemployed people, emigrants and those persecuted today—are asking for much more than a constitutional chapter; they are demanding the Constitution itself, in order that: - The distortion of institutions and their subjection to party-political control come to an end! - All legal and institutional instruments be created to guarantee, protect and realize human rights in Albania! - Albania be accepted without hesitation into the Council of Europe and the free international Community- (Continued on page 41)

Dismissed as director for uncovering the class struggle

In implementation of the «blue» bulletin For the PD, the class struggle remains an objective law and a driving force even for post-communist society. It is waged through the Party as well. For any display of opportunism in this regard, the PD members concerned are advised not to delay in dismissing people from state positions and replacing them with a loyal soldier of this blue force. Durrës. An example of this approach: Medi Taci of the UMB was dismissed from his position as director and reassigned to the job of an ordinary engineer, solely for uncovering the class struggle. As a PD member and enterprise director, he was not bringing to light the history of PD engineer Andrea Tole. The order from the PD chairman dismissed director Medi Taci, replacing him with a compliant, loyal soldier, Andrea Tole, who is now an assistant. Overall, this party had taken Medi Taci until now no information. ALBANA DREJTESA

The articles violated by the accused Nikollë Lesi have been determined

Yesterday, as we were informed by a reliable source at the General Prosecutor’s Office, the investigative team for file 217 (the case against Nikollë Lesi), director of the independent newspaper «KOHA JONE», made its final determination: Nikollë Le- Yesterday, as we were informed by a reliable source at the General Prosecutor’s Office, the investigative team for file 217 (the case against Nikollë Lesi), director of the independent newspaper «KOHA JONE», made its final determination: Nikollë Lesi violated Law 6942 dated 25.12.1984 and Decision No. 70, dated 11.3.1985. In the latter, you violated Article 32 and Article 34. You also violated point 3-a of Council of Ministers Decision No. 227, dated 10.12.1973. Thus another charge was added against Nikollë Lesi: a Council of Ministers decision from nearly 20 years ago!

Protest in the Name of 40,000 Residents

Once again, we are addressing you, Mr. President, concerning the Draft Law on the restitution and compensation of property. The organizing committee, gathered to defend the interests of 40,000 people who have built residential homes and commercial service premises on municipal land in the city of Tirana and its surrounding area, have very recent mortgages together with the buildings we have constructed with great effort and sweat. What sin have we committed that, under Article 12, we are deprived of the right to the land and must pay rent to the landowner? Are we to move forward or go backward? Is this DEMOCRACY? From a legal standpoint, [illegible] … … otherwise, the present state itself is not in a satisfactory condition. Why is the game of cat and mouse being played again? Who are those playing with us here? We believe that land rent should be paid by those families who did not obtain permits when they built homes wherever they pleased, with “boldness,” not by us. Otherwise, what is the difference between us and those who built illegally, who have not had a thorn in their side up to now? They should pay rent continuously, not us. In view of the above, we once again request that Article 12 be removed. Article 16 fully addresses the method of compensation for our permanent buildings. Indeed, all land within the yellow lines of cities and in their outskirts should remain state-owned (or municipality-owned), to be used to meet the housing needs of homeless residents (including political prisoners), or to build premises that will strengthen the market economy. The former landowners should be compensated in monetary value, with the provision of vacant plots, but not by giving them premises that this very state sold to the sellers who possessed them. Otherwise, ownership will be imposed in this way. The organizing committee, representing 40,000 residents

We wish all Muslim believers a «Happy BAJRAM holiday»