On the legal ruins of parliament, only a personal dictatorship can be built Discussion by deputy MAQO LAKRORI The letter of 30 September 94 addressed to the deputies and the President’s draft law on referendums appear, at first glance, to be wholly devoted to democracy. But the contradictions and incoherencies they contain lead one to believe that they conceal other aims as well. I will point out a few of them. In his letter, the President reminds us of the main Constitutional provisions, including the sovereignty that the people “exercise both through their representative bodies and directly by means of a referendum.” But after that, taking advantage of the absence of a special law on referendums (no one objects to the usefulness of such a law), —although Mr. Berisha knows that there is a constitutional provision which designates parliament as the body competent to approve the Constitution; —although he knows that any constitutional provision can be amended only by a two-thirds majority of the votes in parliament; —although he knows very well that somewhere “the people” were obliged blindly to carry out whatever the party-state decided (quoted from Mr. Berisha’s letter to the deputies). So, although Mr. Berisha knows all this, among other things he offers us a referendum to “approve...” The existing Constitutional provision (that is, by a two-thirds majority, to relinquish its right), and after that, again by a two-thirds majority, to decide on another method—why not, perhaps, by referendum; why not by referendum alone. But instead of this, with a two-thirds majority and the other possible options that might be proposed at some future time by consensus, the President invites us to vote, as in a referendum (with 50+1), on a constitutional article that requires two-thirds of parliament’s votes. In other words, he invites us to become co-authors of a legal “coup d’état” against parliament (this representative of the sovereignty of the people, about which the President speaks so much)—and against the Constitutional Provisions. Unfortunately, Mr. Berisha has already carried out this legal “coup d’état,” not only in practice but publicly as well. In his message to the people, read on TV on 3 October, Mr. Berisha says: “...it is true that the constitution could also have been approved in parliament...” (RD, e.g., 4 October, message by S. Berisha). First, the statement is clearly made in the past tense (and even in the conditional), meaning that the President has, a priori and publicly, treated the sidelining of Parliament and the violation of the Constitutional Provisions by him personally as a fait accompli. In his letter, he asks us, the deputies, to sign off on this unconstitutional act and become his accomplices.

Discussion by dr. ETHEM RUKA In the many interviews conducted by our “independent” TV, a respected poet referred to lines by another poet, even a socialist; their essence was: “If a political force has no faith in its own people, let it find another people.” An excellent point, but I would add that some philosophers have formulated another, equally valuable axiom: every people deserves the government it has and, consequently, the parliament it has elected. By analogy, if a people does not want its own parliament, let it elect another parliament—yes, let it elect another parliament. Good or bad, this is a sovereign parliament which, in accordance with constitutional provisions, paves the way for the approval of all the other laws aimed at institutionalizing the rule-of-law state and the free market economy. Today we are faced with a draft law that paves the way for a referendum to approve the constitution, a proposal that has sparked debate, more inside than outside the walls of this parliament. In truth, we are at a historic moment, the moment that will give Albania its new constitution, on the basis of which the Albanian state will be built. But the propaganda machine does not point its microphone and camera at the politician or specialist; instead, it exploits selected “specimens,” as it has done before. So everyone says Yes to the Constitution; it is only over the way it is to be approved, according to the submitted draft, that bickering begins between the political forces and their electorates. We have been accused of being against the constitution and its approval in the Council of Europe. Only a few days ago we heard this specious accusation from the Speaker of Parliament, Mr. Arbnori, at a meeting held in the city of Kukës. But those who are concerned are not forgetful. The people there were not brainwashed by the 50-year totalitarian system, let alone now by certain politicians who, through their usurpation of the state media, follow the path of communist mentalities, according to the principle that the logic of the strongest (understand: those who hold power) is the best. Yet we have consistently called for a constitution. Our aim has been entirely in keeping with the logic of building a rule-of-law state and paving the way for acceptance into the European family. But who has obstructed this?—Gentlemen, you tried and insisted on entering this Council only on the basis of (Continued on page 3) …guti. proposal that has further inflamed the debate inside and facing new constitution, on the basis of which the foundations of the new democratic state, the state governed by the rule of law, will be built. Could there be any Albanian, inside or outside the parties, who would agree to oppose a referendum on the new constitution, even if it were put to a referendum? I do not believe anyone would be against it— on the grounds that—… … it was better that somewhere “the people” were obliged to blindly carry out what the party-state decided (quoted from Mr Berisha’s letter addressed to the members of parliament). So, although Mr Berisha knows so much, among the cases in which a referendum could be held he offers us “the approval of the Constitution and its amendments” as well. I would welcome, for example, a proposal for a referendum on the Constitution after its approval in parliament by a two-thirds majority, or a proposal that parliament first repeal by a two-thirds majority

Discussion by deputy MAQO LAKRORI

Meeting of the Presidency of the Socialist Party Yesterday, under the chairmanship of the Socialist Party’s deputy chairman, dr. Servet Pëllumbi, the Party Presidency met to analyze the current political situation and determine its tasks for the future. The meeting stressed that the Socialist Party would fight with all its strength and by all democratic means to ensure that Albanian democracy was not violated and that elected institutions were not reduced to mere formalities. The ongoing conduct of today’s government was clearly apparent in the events of recent days, when efforts were being made to sideline the elected parliament under the guise of democratic terminology. The justification of the law on referendums, without the consensus of the other political parties in parliament and with only the voting cards of some DP deputies, while openly violating the constitutional provisions in force, shows the dangerous path being followed by today’s rulers. The Party Presidency supported and congratulated the Party’s Parliamentary Group, which, in the circumstances that had arisen, had shown political maturity and a great sense of responsibility for the fate of democracy. The constructive spirit of the parliamentary group’s work was noted, as it continued its efforts to find the necessary consensus both on approving the law on referendums and on how to approve the constitution as a whole. The Presidency of the Socialist Party stressed that this spirit would continue, despite the extremism of the DP leaders, who seek to avoid constructive debate and criticism from the people. The monopolization of state information media by the Democratic Party and the manipulation of public opinion were also noted. The use of television and radio microphones was shut down during the debate on the law on referendums, at a time when it is extremely important for the people to hear the opinions of their deputies. The Party Presidency reiterated its conclusion that the statute of the Democratic Party cannot be Albania’s constitution. The Constitution belongs to all Albania and is not meant for only one legislature. Discussion and approval of the Constitution in Parliament, followed by its submission to a popular referendum, is the best way to approve the Constitution. The joint position of many political parties on this was also recognized. The Party Presidency decided to submit the issues concerning today’s political situation, as well as those relating to the celebrations on 29 November, the 50th anniversary of the liberation of the homeland, to a meeting of the Party’s General Steering Committee, which was scheduled to meet on Monday at 10 o’clock. Correspondent of “Zëri i popullit”

Discussion by deputy Leontiev Çuçi Articles 5, 15, 16 (points 2 and 7), 23, 43 and 44 of the main constitutional provisions establish categorically and absolutely that the People’s Assembly is the only institution with the legitimate authority to make any kind of revision concerning the Constitution. Specifically, the “Main Constitutional Provisions” state: Article 5 says: “Legislative power belongs to the People’s Assembly of Albania.” Article 15 says: “The People’s Assembly is the highest organ of state power and the sole legislative body.” Article 16/2, which deals with the powers of the People’s Assembly, says that this Assembly “approves and amends the Constitution and laws, makes final decisions on the incompatibility of laws with the Constitution, and interprets them.” Article 16/7 also says that the People’s Assembly “decides on referendums.” Article 23 stipulates that every constitutional law is approved by two-thirds of the votes. Article 43 states that “Amendments (meaning constitutional amendments) are approved by the People’s Assembly by a majority of two-thirds of all deputies.” Article 44 emphasizes that “The provisions of this law shall remain in force until the Constitution of the Republic of Albania is approved, the draft of which shall be drawn up by the Special Commission appointed by the People’s Assembly.” The composition of the commission and the deadline for submitting the draft Constitution are determined by a separate decision of the People’s Assembly. Therefore, neither the President, nor the DP, nor any other party can place itself above the People’s Assembly, whether by decrees or by laws on referendums. President Berisha in Tirana and Eduard Selami in Strasbourg, from what we have heard, are demanding that the new draft Constitution be approved only by referendum, without being put before Parliament, on the pretext that “some parties do not give their consensus.” Let us suppose that, as always, this time too the majority-vote mechanism will achieve its “great victory.” For this victory truly to be such, it must be supported by the future of its history; in other words, it must satisfy both today’s generations and those to come. Without dwelling on hypotheses about tomorrow, as is becoming apparent from develop- (Continued on page 3)

How much is the Albanian parliament worth? The “stock” of the Albanian Parliament fell sharply when the President of the Republic decided to “snatch” from it the Commission, together with the constitutional draft prepared for Parliament. This became clear on Thursday, during the debate on the draft law on referendums. Really? Albanian Television paid no attention at all to this heated debate, which lasted several hours. And what value did this debate have, when parliament itself has no value anymore? If you want to learn the value of things today, you have to watch Albanian Television. you have to watch Albanian Television. you have to watch Albanian Television. you have to watch Albanian Television. you have to watch Albanian Television. And all this is happening when Albanian Television is directly subordinate to parliament. And all this is happening when the Constitution has not yet been approved by referendum. What will happen when this Constitution is approved? God knows what will happen. For now, all that can be said is that even the Television that depends on Parliament no longer “gives a damn” about it. God help us tomorrow! Rafe Rendimi

— One Party and one President, a majority that does not know what it is doing, is not the Father, the Son and the Holy Spirit of the Constitution — President Berisha too has tried this strong-arm tactic, as has his initiative to resolve the matter, backed by the propaganda slogan “the constitution should be approved by popular referendum.” Five opposition parties have achieved success in the parliamentary chamber in their effort to denounce a “constitutional coup,” according to which the entire ruling “Democratic Party” is trying to turn Sali Berisha’s Parliament—which was considered a provocation intended to set the people against the opposition’s government—into something that had… …as its aim domestically the establishment of the strong rule of the ONE, while abroad, in Europe? … an official aim of a vote of no confidence over the non-approval of the constitution in ALB., which is a primary condition for its acceptance into the Council of Europe. The domestic aim could be achieved only by bypassing the legitimate body, Parliament. And Berisha did not hesitate; he did this galactically with ne- (Continued on page 3)

Having failed to obtain a complete and clear “explanation of the word referendum” from the deputy minister of justice, the television station asked for a helicopter and went to find one in the country’s most remote areas. It is known that the older people are also the wisest, so they put a microphone and camera in front of an old man nearing 90. He explained the broad layers of meaning of the word (its multiple meanings) and, in the end, gave them their name: “referendum.” PDTV’s dum-dums. The telelinguist

— Agreement signed to implement the 20 million ECU allocated last year — Minister Ilir Manushi and the EU Ambassador in Tirana, Mr Elio Germano, yesterday signed at the Ministry of Construction, Housing and Territorial Planning the agreement to implement the aid of 20 million ECU allocated to Albania last year under a cross-border programme; part p- (Continued on page 4)

On Monday, at twelve o’clock, Russian Ambassador Viktor Nerujballov went to visit the family of People’s Hero Haxhi Lleshi. Comrade Haxhi greets him on the stairs. He is very happy. It is a special visit. Ordinary people from the community have come to see him from… … Haxhi has many well-wishers. They have come and congratulated him after the serious illness he went through. They have come and cheered him up. - Welcome, Mr Ambassador! (Continued on page 4)

Macedonia on the eve of the ’94 elections On 16 October this year, our eastern neighbour, the Republic of Macedonia, will hold regular parliamentary and presidential elections. The electoral campaign is now at its peak. Coalitions and parties, individual parties, independent candidates for parliament, and four contenders for the post of head of state are competing. Around 400 independent and party candidates—Macedonians, Albanians, Turks, Roma, Vlachs and Serbs—are spread across (Continued on page 4)

- Tropojë: Agron Gjedja reports that these days the branch of the Albania-Germany Friendship Association commemorated the fourth anniversary of the fall of the Berlin Wall. In addition to association members and local government officials, the ambassador of the FRG in Tirana, Mr K. Wollert, also took part. - Durrës: A notice from the “Privatisation Front” in this district says that the ship “Durrësi” is being put up for sale for 70.5 thousand dollars, when its bow alone is said to have cost around 200 thousand dollars this year! - Tirana: The Second National Conference of the Association of the Blind of Albania held its proceedings. After assessing the work done by its governing bodies, the Conference recommended that the Government be pressed more vigorously to make the promised premises available. The Conference approved the Statute and elected the governing bodies. Mr Sinan Tafaj was elected Chairman of the Association. - The Mediterranean Film Festival opened in Brussels, where 54 feature films from the film industries of 14 countries in the region will be presented. For the first time, six Albanian films are also among them: four from Albania and two from Kosovo.

On Monday, 10. 10. 1994, at 1000, a meeting of the General Steering Committee of the SP will be held at the Socialist Party headquarters in Tirana.