WITHDRAWAL FROM THE IDEA OF A CONSTITUENT ASSEMBLY – THE PRESIDENT’S POLITICAL FAILURE Albanian political parties respond to President Berisha’s proposal to approve the constitution by referendum SERVET PËLLUMBI, Deputy Chairman of the Socialist Party of Albania The Socialist Party has unequivocally opposed the idea of the President of the Republic that the new Constitution be approved by a constituent assembly appointed by decree, since it conflicts with the principal constitutional provisions (Articles 15, 16, 2, 43, etc.), which, in the absence of a constitution, have the same importance, value and binding force. However, although we have opposed this idea, we have supported a Constituent Assembly elected by the people, which could fulfil the function of approving the Constitution if Parliament were to grant it that authority by a two-thirds vote. We noted with satisfaction that other political forces, such as the PSD, AD, etc., also opposed the idea as such. The idea has also been criticised in the press by well-known politicians and jurists. In these circumstances, the President of the Republic abandoned the idea. His withdrawal from it is the President’s political failure, since this power is expressly established in point 2 of Article 16 of the Law on the Main Constitutional Provisions: “The Constitution: The People’s Assembly...” approves, amends or repeals the constitution and other laws. The same follows from the wording of Article 43 of this law. The special commission for drafting the constitution is obliged to submit the constitution to the People’s Assembly, not to other bodies. Consequently, failing to approve the draft in Parliament and proposing a referendum without its prior approval by Parliament means sidelining the legislative power from its most important responsibilities, with political and legal consequences. Regarding the proposal for a referendum, Berisha must first understand clearly what kind of referendum is meant. If it is proposed that, after approval in Parliament, the Constitution be put to the people in a referendum, we would agree, because this procedure respects [the text reads «kursesi»] ... with the game of appeals to the people by the leaders and their pledges of freedom and democracy! We reject the “message” and the accusations contained in the President’s “message,” according to which we supposedly intended to leave the country without a constitution and had not given our consent to the method of approving the constitution. But we are confident that the country’s healthy democratic opposition, and others beyond it, know our position on the constitution and the fact that the President has never sought the opposition’s consent and has not responded to our repeated proposals to revitalise the parties. We will oppose to the end, by legal and democratic means, inside and outside Parliament, the President’s monopolisation of constitutional issues, which reflects a weak democratic culture and casts doubt on Albanians’ ability to reach agreement on such crucial matters. By acting this way, the President should not imagine that he is alone... He should not imagine that he will go down in history as the president preparing “the first democratic Constitution,” as he claims, but rather as an observer of democracy, as a president who recognises neither compromise nor consensus nor the true value of the people’s vote. With what he is doing, there is no longer any constitutional guarantee: further violations will follow according to the schemes he is implementing. Apparently, in matters such as these he is also seeking originality and the distinction of making the first such decision in Europe and the world. (Continued on page 3) in such a way as to cause as little political and legal conflict as possible. In any case, we proposed a referendum; first, Berisha needs to understand clearly what kind of referendum he means. If he is proposing that, after parliamentary approval, we would agree, since this procedure respects the law and, at the same time, the people. The PS has expressed this position for some time and adopted it at its Second National Conference, held on February 7–8 of this year. But if his idea is conceived as a referendum that takes parliament out of the “game,” and, moreover, makes no fundamental changes to the law “On the Main Constitutional Provisions,” we will oppose it, since it would in itself be unconstitutional; it would be a “coup” of its own kind that could not be covered up with the Constitution. in an appointed Assembly—a proposal supported by the PD—did absurd; it is a grave violation of the law.

VASIL MËLO Chairman of the “BDNJ” Party The President’s retreat from his earlier position regarding the procedure and forms for approving the constitution was certainly prompted by the strong opposition he encountered from all the country’s political forces. The idea of approving the constitution through a Constituent Assembly convened by presidential decree, with a preferential configuration, was rightly described as an unconstitutional act. Although Parliament had already been excluded from this right, naturally because calculations showed that the required number of votes (2/3) for approving the constitution could not be reached, the last resort was a referendum—which, in fact, is neither the most suitable nor the most logical course. On the surface, this idea is dressed in a veil of populism: supposedly, we are leaving it to the people to express their opinion, that is, their will, but in essence it is unconstitutional. It is used as a free “umbrella,” because none of those options had been studied or put up for discussion at the political table among the parties; that is why he has moved from one option to another. We are interested in seeing Albania’s new Constitution properly drafted. For the Socialist Party, as we have stated before, Parliament is the sole authority for approving the...

Familiarisation with the contents of the Inter-Parliamentary Union Council’s materials concerning the “Nano Case” has been a central focus of the Mallakastër district Socialist Party Steering Committee. Following the Presidium meeting, where a very full programme of work was approved for implementation, meetings of the area councils and party organisations were held. To make these meetings as effective as possible, the district Steering Committee provided each area and organisation with the necessary materials, mainly copies of the newspaper “Zëri i popullit,” in which the Report and Resolution of the Inter-Parliamentary Union Council had been published, as well as other materials and articles relating to this important document. Reading and discussing these materials in the party organisations clearly and fully demonstrated the justice of the Socialist Party of Albania’s struggle and efforts in the “Nano Case,” the integrity of the Member of Parliament and/or Chairman of the Socialist Party of Albania, Comrade Fatos Nano, and his embodiment of human freedoms and rights, particularly those of a Member of Parliament, in the circumstances of his arrest and trial. Through these materials, they also learned about the efforts made by PD MPs to manipulate this issue in European and international organisations. Collective readings and discussions have been and are being held in various communes in the district, as well as in socialist councils. In this context, the district PS Steering Committee will also organise an expanded meeting with socialist councillors from the municipality and villages, as well as with supporters of the Socialist Party in the town of Ballsh. Alongside highlighting positive facts, meetings with Socialist Party members and supporters have also heard concern about the deliberate silence maintained by senior officials regarding these documents, which are extremely important for the further development of genuine democracy in Albania. At these meetings, messages of protest are being adopted against the unconstitutional and [unclear in source: “prustit kurshëm”] stance of the President of the Republic himself, the People’s Assembly and the Government. All this activity has further strengthened the confidence of Socialist Party members and supporters in European and international democratic organisations, and in the just struggle that the PS has waged and will continue to wage in the future over the “Nano Case” through democratic means and methods. Evidence of this good work and of the feelings supported by arguments is the growing number of requests to join the Socialist Party, especially from younger people. J. SIMAKU

Yesterday, before the heavy rain that fell in the city of Laç and the surrounding area had let up, the main national highway was blocked in the Sanxhak neighbourhood and the village of Gorem. Thousands of cars travelling in both directions had great difficulty getting through, since the traffic police were not at the scene until 11:00 to direct traffic. This large accumulation of water was caused by the drainage system not functioning, and the local authorities should respond more quickly.

Excerpt from an interview with Deputy Prime Minister rith Kopliku “... Oh God, oh Lord! These are a suffering people. Do not poison them. We have separated the powers. This Deputy Prime Minister you have here in bed has no right whatsoever, legal or constitutional or otherwise, to order that a person be put inside or not be put inside. Even when I was Minister of Public Order and gave commands over the radio, I would hear my command repeated and the words: ‘The Minister has ordered it!’ Stop this car!..’ ‘Come on, my dear brother,’ I would tell him, ‘the Minister didn’t order it, you fool—the law did.’”

PASKAL MILO, Deputy Chairman of the PSD and member of the Parliamentary Commission on the Constitution. 1. How do you explain the President’s withdrawal from his initial idea of a constitution approved by an appointed Assembly? The withdrawal is the result of the total and forceful opposition to the idea put forward by the President for an appointed assembly from the entire Albanian political spectrum, from all the left-wing parties, with the exception of the PD. I also think that the President’s proposal was a tactical move to take the measure of the mood and to break through, as he did, with an appropriate response that had been sitting in the desk drawers for some time. What is your opinion about sidelining Parliament from approving the Constitution? — There is no doubt that sidelining Parliament from approving the Constitution, an authority belonging exclusively to it under the Constitution...? (Continued on page 3)

PREÇ ZOGAJ, member of the Presidency of the Democratic Alliance The President of the Republic’s proposal to adopt the Constitution in an appointed Assembly—a proposal supported by the DP—did not pass. This happened because the opposition parties in Albania and public opinion in general, as well as many legal experts, regarded the president’s proposal as a violation of the existing Constitution and as an unprecedented act in global practice for adopting a Constitution. The debate became very heated, at times quite fierce. All sides put forward their arguments. But ultimately, what remained on the surface from this entire debate was the fact that adopting such an appointed assembly is absurd; it is a grave violation of the law. (Continued on page 4)

IDAJ BJORI, Chairman of the UKSH Party 1. The President initially played his card, so to speak, in the form most acceptable for a political retreat and for the Albanian public: adopting the Constitution through an assembly appointed by him. In this particular case, the approach was: “If the Albanians swallow this version, let us proceed; otherwise, we’ll bring out the democratic version...” And with that, the popular referendum, which no one can oppose. However, for some time now, Albania’s progressive political forces and the Albanian people themselves have made their position clear: when a nation reaches the point of having to make a decision, its position and action must be firmly established and made clear (today, other matters, but not things that can be changed by anyone...?...) In fact, it is said that this is the position of the UKSH Party. After the President’s fanatical idea of an appointed assembly, intended to eliminate the absolute majority of votes, Berisha, without convening a meeting of the political parties on this cardinal national issue and without securing consensus with the country’s political forces, puts forward to the people the idea of adopting the Constitution by referendum. Viewed from the legal angle, and chiefly in its juridical context, as this issue must be, and considering the real reasons why Berisha wants to bypass parliament and go directly to a popular referendum, we declare that this option is just as wrong as that of an appointed assembly, but dressed up ... (Continued on page 3)

PETRIT KALAKULA (MP), chairman of the PDD First, in Albania we do not have rules governing referendums. Second, this referendum must be approved by parliament with a two-thirds majority, because it is a constitutional law. Second, the Constitution cannot be adopted by referendum because the Constitution has so many articles and provisions. The people would have to discuss each article separately. To hold a referendum, the referendum (Continued on page 4)

Pukë: Social tensions are taking on criminal proportions. The two murders committed some time ago in Art-Miliska and Mërtur, still unsolved, were joined in recent days by another tragic incident: the stabbing to death, in broad daylight, of a young man about 24 years old in the town of Fush-Arrës. The perpetrators have fled. Shkodër: Tonin Tërshana in his hometown. Not for a recital or with an ensemble. After a long career in Tirana, the well-known singer and distinguished artist has returned to live in the city of Shkodër and will also take to the stages to perform the songs he loves. Kukës: For about a month now, trucks loaded with Dibër plums have been making the journey from Kukës to Peshkopi and back. After processing, they return to Dibër as rakí. Meanwhile, the large food-processing complex in Peshkopi has closed all its doors while awaiting privatization. Tirana: Reports indicate that Shpëtim Aliu, one of the most prominent figures of the December 1990 student movement at the University of Kamzë, has been arrested. Tirana: The Council of Ministers has approved new draft laws. Under the draft decision “Increasing Pensions” and “On Increasing the Basic Pension Amount,” full urban pensions are to rise by 15 percent, or 300 lekë, while other pensions are to rise by 7 percent, or 150 lekë. The total increase is projected at 35 percent.

- Approximately 3,000 opposition members gathered on Monday in a Moscow square to protest against the massacre carried out by the army against the Russian parliament on October 4, 1993. The demonstrators assembled in Smolensk Square, in front of the Ministry of Foreign Affairs, and were supposed to proceed to the city hall. - The Germans celebrated the fourth anniversary of the country’s reunification while still preoccupied with East-West relations and how to solve the problems created by these challenges. Chancellor Kohl and President Herzog called on Germans in both parts of the country to show greater understanding for one another and patience in the face of the problems created by the country’s reunification in 1990. - American troops attacked Haiti’s main paramilitary group with tanks and machine guns and disarmed the Haitian police who had been called to the scene. A US soldier at the site said there had been no casualties during the attack, which was still under way. Helicopters circled the area, military vehicles rumbled, and a crowd of Haitians cheered. Experts from the United States and North Korea met on a project to “clarify an agreement that will prevent a formal agreement on an international plan to transform the nuclear energy industry in Pyongyang.”

THE LAW AND THE [unclear: “MALLQ”]!