The resignation of the director is demanded Kristaq Toli, chairman of the branch of the Union for Human Rights Party, Resul Llongo, chairman of the branch of the Socialist Party, Vladimir Qirjaqi, chairman of the branch of the Democratic Alliance party, and Edmond Fika, chairman of the branch of the New Republican Party— (Continued on page 4)

An appeal to everyone: WE PROPOSE «STANDING TOGETHER FOR THE CONSTITUTION» — An appeal by the DA addressed to the political parties — An appeal to everyone: NO TO VIOLATORS OF CONSTITUTIONAL LAWS NO TO SALI BERISHA’S UNLIMITED POWER NO TO CIRCUMVENTING, VIOLATING AND TRAMPLING THE PARLIAMENT WE PROPOSE «STANDING TOGETHER FOR THE CONSTITUTION» — An appeal by the DA addressed to the political parties — On 6 and 10 October, Democratic Party deputies sealed the constitutional coup by voting for the unconstitutional law and decision of President Berisha on the referendum. On 11 October, President Berisha swiftly announced the date of the referendum, disregarding the requirements of the Main Constitutional Provisions and the requests of five parliamentary parties that the draft of the new Constitution first be submitted to Parliament. The Democratic Alliance considers that these hasty acts carried out by Berisha and his puppets, Democratic Party deputies, constitute not only the greatest challenge to the law and the Parliament currently in force, but also a clear precedent for dismantling democratic institutions and installing dictatorship in Albania. The Democratic Alliance Party, the Right Democratic Party, the Socialist Party, the Social Democratic Party and the Human Rights Party voted in Parliament against the constitutional coup of 6 and 10 October, but failed to stop it. All these parties, individually, declared themselves co-responsible, but we in the DA believe that our shared responsibility to the nation and to pluralist democracy does not end here. For this reason, seeing that Berisha and the DP have no intention of bringing the constitution before Parliament; Seeing that their unconstitutional course now fears neither the Constitutional Court nor any other court; With a profound sense of responsibility toward the people, who seek a democracy under the rule of law, in which freedom, justice and pluralism are guaranteed; The Democratic Alliance proposes STANDING TOGETHER FOR THE CONSTITUTION. This proposal means that each party individually, and all of them together, commit to defending the constitution’s legitimacy. The Democratic Alliance believes that programmatic differences among the Left, the Centre and the Right should not become an obstacle to standing together for the Constitution, which stands above the parties and their programs. It belongs to all the people and requires everyone’s consensus. Defending the law is a matter of principle for democracy. Democratic Alliance Tirana, 13.10.1994

It has been characterized by almost all Albanian political forces as a «coup» against the Constitution; as an unconstitutional act; as «the murder of parliamentarianism and the trampling of the dignity of deputies»; as legal populism; as the installation of a dictatorship: the decree by the President and its approval by the parliamentary group of the Democratic Party of the law «On the Referendum» and the People’s Assembly decision «On the Approval of the Constitution of Albania by Referendum». In the course of this legal sprint, aimed at not letting opposition opponents catch their breath and at taking them by surprise, etc., President Berisha, in order to «reap the fruits» of these unconstitutional acts, pushed for the decree setting 6 November (in less than a month) as the date for holding the referendum on his draft Constitution. To challenge the entire unlawful and unconstitutional framework of these actions, the parliamentary groups of the Socialist Party and the Social Democratic Party, relying on Article 25 of the Law «On the Main Constitutional Provisions», petitioned the President and his deputies to declare them unconstitutional, on the basis of irrefutable reasoning grounded in the constitutional provisions, and to suspend the implementation of the laws (the decree and decision on the Referendum) and their effects. It should be emphasized that this is part of the «ABC» of lawful action: challenging something under the law, in accordance with its requirements and at the proper time, when the law grants this right; and, until the appeal (complaint) is reviewed by the competent body (the Constitutional Court), the bodies concerned and involved in issuing and implementing these laws (the President and the People’s Assembly) must immediately suspend the operation of these laws or the issuance of other laws supporting or connected with them. But in Albania, although there is a supreme body, a Constitutional Court which determines (at least formally, and is to be respected) the constitutional basis of the laws of the President and Parliament, the latter (the President, the Presidium of Parliament and the group of De- which support and are the Presidium of Parliament and the group of DP deputies—with anti-constitutional competence—

Says Mr PETRIT KALAKULA, chairman of the PDI — I believe that the present situation is the result of Berisha’s thirst for unlimited power. All of this is maneuvering, apparently planned well in advance; this entire transition period has been an interim period intended to create the preconditions for a constitution through which Berisha could consolidate his personal power. — ...In this way, Mr Berisha chose people who submitted completely to him and, in effect, for me there is no longer a DP, but only one Sali commanding a group of administrators who act as their conductor tells them. This was clearly seen during the vote on the draft law on referendums. Some of the deputies who voted «for» understood perfectly well that they were committing a crime against democracy and Albania’s national interests. — I do not want to mention names, because you understand very well that reprisals could be taken against them, but I can confirm that I have had several conversations with DP deputies who told me that, by their action, they had voted for an act of national treason. — Regarding the vote on the referendum law and Berisha’s announcement of the referendum decree, Mr Kalakula says: Failure to submit the draft law to Parliament is illegal. The vote itself was illegal; the required number of deputies was not always present in the chamber. Furthermore, the law on decrees of this kind provides for their passage by a two-thirds vote of the deputies; — We will systematically call on the people to vote against the Constitution. We will leave people to decide for themselves. We make the appeal to those who will vote. This Constitution sanctions Berisha’s personal power and creates a serious institutional threat to territorial integrity itself and to the national question. While the 1976 Constitution sanctioned the dictatorship of the proletariat, the President’s 40 direct and indirect powers in today’s draft point to a personal dictatorship. From one dictatorship, whose dictator was born in Gjirokastër, to installing a dictator born in Tropojë. — I was a member of the constitutional commission. When the draft inspired, certainly, by Berisha arrived, entitled «Albania: Democratic Republic»—a disguised form of a presidential republic—I rose in protest and voted against it. I believe that Albania, and the other members of the commission who rejected that version, did so while retaining the wording «Parliamentary Republic». Later Berisha summoned me and subjected me to tremendous pressure; I clashed very sharply with him during that period. He asked me to submit my resignation from ... These days you have lined up alongside the other parties? Do you have any reservations? — On matters of cardinal importance for the fate of democracy and the nation, we do not have a monopoly on direction. We are not making a political agreement with the Left, but here we are united by our position as opposition parties. (Excerpted with omissions from the newspaper «Koha e jonë», with the author’s permission).

Mr Berisha is taking the Constitution to a referendum because he cannot secure the two-thirds majority required for its passage in Parliament. One reason cited for Albania’s move toward adopting a new constitution is its desire to be accepted as a member of the Council of Europe, says Gabriel Paroshi. But Albania’s failure to put a new basic law into force is only one of the reasons it has not yet been accepted into the Council of Europe. The first two Eastern European countries to join the Council of Europe, Hungary and Poland, do not have post-communist constitutions. These countries led the transition to democracy in 1989 and, despite many shortcomings in their political practices, continue to consolidate themselves as countries where democratic values and human rights are upheld better than anywhere else in the region. Like Albania, they have adopted interim constitutions that oblige them to navigate the difficult political terrain created by the transition from a one-party regime to a de- (Continued on page 4) (Continuation of the missing text above:) Constitutional Court to review laws issued by the government of ... Berisha is sending the Constitution to a referendum because he cannot secure two-thirds in Parliament — Comment by Gabriel Paroshi — BBC — The absence of a constitution is only one of the reasons Albania has not been accepted into the Council of Europe

VASIL MELO, Chairman of the PBDNJ In situations of such political tension, all political party leaders, deputies and intellectuals, and every worker, are called upon—intellectuals and ... to ... and ... in the countries of ... . In all these cases, reflection is required and, in the countries of ..., to decide what ... the ... arbitrary use of these procedural forms ... in ... PBDNJ, while ... and ... and ... ... political forces across the entire parliamentary spectrum must stand together and stop anyone who seeks to usurp powers and competences that do not belong to them, using methods and forms that remind us of a dark past and of what we painfully ... only recently ... . In truth, we are not concerned only about specific provisions of the Constitution ... such as ... with powers and competences outside the framework of the form of government that ... according to ... of the Parliamentary Republic, and ... exercise over ... the preconditions for establishing a personal and uncontrolled power. We are also concerned about the manner in which this Constitution is to be adopted: by means of diktat, trampling Parliament, this supreme institution of the democratic state, and the people’s legitimate representatives. In the face of such actions, every deputy, regardless of party affiliation, should feel that their dignity and personality as a representative of the people have been insulted. The people expect this Constitution to be adopted, one that bears the name of an individual, but they want a Constitution inspired by and respectful of policy and ... in Parliament. Recent history ... has conveyed a great lesson: nothing substantial, lasting or of enduring value can be built through unjust and unlawful means, arbitrariness and violence. Such a constitution ... is a worthless leaflet, as it was a few years ago. We will never know what ... this history ... lest it be repeated.

The Democratic Alliance’s appeal is a call that sets aside programmatic differences. We have long said that the Social Democratic Party has no prejudices about matters that run counter to its own program, much less about matters that violate the law, especially constitutional law. The SDP will maintain its own position, regardless of whether that position resembles the position of a right-wing or left-wing party, the Socialists or the PDD. Such prejudices are unacceptable in a democracy. This common approach, as we are calling it, is essential to move forward. What I particularly have in mind is the united stand arising from the need to defend constitutional law. Defending the dignity of Parliament requires that the Constitution not be adopted through unconstitutional means. Such a constitution would be illegitimate and would open the way to further violations in the future. The essential thing is to prevent the violation of the law through this unlawful referendum, as well as through the work of the special constitutional commission, whose essential points and composition in the PDD, PS and AD broadly reflect the objections raised by the Social Democratic Party. This too is something these parties have in common. We do not accept this proposal of these parties, and this is fundamental. The draft is seriously defective and gravely undermines the judicial system. This is unacceptable to us. All the parties mentioned above have sought consultations with our party throughout this period on these matters in Parliament and have generally sought its views. At first, the issues concerned procedures and the implementation of constitutional law for the adoption of the Constitution. The position of the major parties remained the same, first and foremost by their own choice. In this context, we congratulate the Democratic Alliance on its course and consider it faithful to our positions, and consequently aligned with this common position of the Democratic Alliance and several other parties. This is not about party coalitions, since coalitions are conceived for other matters, such as problems of joint government. More specifically, this is about a joint initiative by several parties to defend constitutionality or the Constitution, and to adopt a common position that became evident in Parliament as a result of the people’s own mobilization at a time when each party was defending legality. It is a joint action born of everyone’s will. This common position was not based on political or ideological considerations.

FROM THE COUNTRY — FROM THE WORLD FROM THE COUNTRY - From Skrapar, Qani Sako raises a concern in his letter: The Poliçan Hospital is on its way to becoming a simple ambulance station. This situation began when work at the combine was halted; now, even though people are not working, the services provided to them have deteriorated as much as possible. ★ ★ ★ - Tirana: Trial of those accused of smuggling. After the charges were presented and the defendants were heard first, the second day of this trial continued. It is being held against seven Albanian citizens employed by customs and one Lebanese citizen, over the smuggling of cigarettes into Albania. ★ ★ ★ - Berat: 509 hospitalized and ten dead from the cholera epidemic in this district. According to data from ... through October 11, there were 125 hospital admissions and four deaths. FROM THE WORLD - Two people drowned yesterday and at least 10 are missing after two boats carrying more than 40 Albanians sank as they sailed through the rough waters off southern Italy, port officials said, according to a Reuters report. ★ ★ ★ - The British government, not wanting to present itself as a government making concessions to the European Union, has opposed a German proposal that the national flags of the member states and the European Union flag be displayed at all embassies of EU member countries. ★ ★ ★ - The crisis of the beta-something of the fubjes, which [is] an attempt to replace the government and a Russian vice president, apparently commenting on ... , at the same time as [something] was achieved on Russia’s foreign-exchange market.