- Socialist Party press conference -
News report Yesterday, the Socialist Party of Albania held a press conference about the referendum on the approval of the draft constitution and the latest political developments in the country. Deputy editors of various press organizations, RTV, etc., and representatives of the diplomatic corps accredited in Tirana took part. The conference was opened by the SP spokesperson, MP Bashkim Zeneli, who gave the floor to the deputy chairman of the Socialist Party, Comrade Servet Pellumbi. He presented those present with a statement on the positions of the Socialist Party Presidium regarding the referendum on the approval of the draft constitution. He then answered journalists’ questions. Question: Do you see any connection between this draft constitution and the Nano issue? Answer: At first glance, perhaps there is no direct connection, but it occurs to us that there is, because the President of the Republic also made such a connection at his press conference, when he declared that a head of state does not concern himself with the findings of international institutions. On this occasion, we would like to say that a president who seeks Albania’s integration into Europe should be very interested in the opinions and findings of European democratic institutions. It also occurs to us that the surprise with which the president handled the referendum issue is a kind of postponement of the problem and of the response sought by the Inter-Parliamentary Union regarding the “Nano issue.” It is no coincidence that the Inter-Parliamentary Union has announced that a delegation will come at the beginning of December to examine the Nano issue directly. We think that when people go to the ballot boxes, not only the SP electorate will bear the “Nano issue” in mind. Question: According to one article of this draft constitution, how is it possible that the head of the Orthodox Church of Albania, Janullatos, should leave Albania? What is the SP’s position on this issue? Answer: It is well known that this is not a constitutional matter, just as it is well known that President Berisha himself approved Janullatos’s arrival in Albania. We believe that issues of this kind, concerning religious beliefs, the feelings of believers and religious communities, and especially the question of Janullatos’s status, should not be handled for purposes of opportunistic politics. Question: Before the elections of 26 September 1992, Nano made a prediction that he would win 50 percent. What is your prediction now for the referendum? Answer: That was not Nano’s prophecy, but a prediction made by Fatos Nano and the PESH congress, and of course we are pleased that it came true. We can make a prediction now as well, because our sociological research department has conducted a study according to which the draft constitution will be rejected by an overwhelming majority. We think this result could be different only if the constitutional violations committed so far are joined by pressure, violations of voting procedures, and especially the manipulations that are an integral part of that “BB scenario,” which apparently means “Berishian surprise.” If we observe such things, we declare that we will denounce the voting results and will not recognize them. Question: Representatives of all parties were on the constitutional commission. You say that five parliamentary parties and 11 non-parliamentary parties will vote “no” to approval of the constitution by referendum. Would it not have been better for these 16 parties to mobilize so that Albania could have a constitution that was as modern as possible—in other words, to have a constitution? Answer: I will begin my reply at the end of the question. Of course, that would have been best, and we have worked toward that for nearly three years. Indeed, in June 1993, together with the Social Democratic Party and at its initiative, we boycotted parliament as a means of pressure for a constitution. We have continually called for consensus on its issues. We believe that such consensus could have been achieved. The relevant amendments to those parts that make the draft constitution unsuitable were possible, but we observed a marked lack of willingness on the part of the parliamentary majority and, in particular, the President of the Republic, who used the parliamentary majority as “his own pet.” In such circumstances, the five parties represented in parliament and the 11 parties that issued a statement against this draft constitution had no other way out. Therefore, we have emphasized—and emphasize today—that we will never stop working to have a truly long-lasting constitution: a constitution that expresses the interests of the people and is not a “code” in the hands of a political force to remain in power as long as possible or to install personal rule. Question: When the law on human rights was put to a vote, the SP parliamentary group voted against it, while now this is not mentioned as a shortcoming of the constitution. So why did you vote against it? Answer: Since speculation about the law on human rights continues, I will clarify once again that we did not vote against this law; we abstained. install personal rule. Question: A brief question about human rights: why did you vote against it? Answer: I don’t know where you got your information, but I have not made any such statement anywhere—not in Tropojë, Pukë, Has, or Kukës. (Continued on page 2)
Statement by the Presidium of the Socialist Party of Albania
The Presidium of the Socialist Party of Albania informs domestic and international public opinion of its assessment of the situation the country is going through following the announcement of the referendum on the approval of the Constitution of the Republic of Albania, and of its positions regarding this referendum.
1. Our country is experiencing today the deepest political, social, and institutional crisis since 22 March 1992. This crisis has been deepened by the unconstitutional actions of the President of the Republic, the leader of the DP, and its parliamentary group, who, by approving the law “On Referendums” and the “Decision on the Referendum,” violated the existing constitutional law by depriving parliament of its exclusive right to approve the Constitution of the Republic. 2. The events of the three years that the DP has been in power, and those of recent days in Albania, have fully proved that the DP does not want to approve a democratic constitution for all Albanians. Rather, compelled by pressure from European democratic institutions, it seeks to approve, by undemocratic means, a party code that will enable it to remain in power as long as possible. 3. Over the last three years, the Socialist Party of Albania has been fully committed to approving, as soon as possible, a modern constitution in keeping with the standards of developed democratic countries. To this end, it took all necessary steps, contributing to the constitution’s prompt approval in Parliament through consensus. Its efforts in this direction continued until the final day of the violation of the Constitutional Law, 6 October of this year. 4. The Socialist Party regards popular referendums as a democratic means of exercising the sovereignty of the people. At the press conference held in January and at the Party’s National Conference held in February of this year, it proposed a popular vote of confidence on the constitution through a referendum, after its approval by two-thirds of the members of parliament. It also advocated this at the parliamentary session approving the law “On Referendums,” in the hope of reaching a consensus. 5. The Socialist Party considers for the Approval of the Constitution” unconstitutional, because they violate Article 16-2 of the Constitutional Law. The SP Presidium believes that approving the Constitution under the aforementioned laws is an attempt to manipulate the people’s desire to have a constitution. The haste with which the President of the Republic and the parliamentary majority acted, without giving the people sufficient time to become acquainted with the draft constitution, shows that the DP does not favor the people’s sovereignty being violated either. The Socialist Party considers it a historic responsibility and its duty to the Albanian electorate to continue its efforts to expose the unconstitutional nature of the current procedures for approving the Constitution. 6. The Socialist Party opposes the draft constitution proposed by President Berisha, particularly those parts that run counter to the requirements for a parliamentary republic, concentrate powers in the hands of the president, and fail to guarantee the complete independence of the judiciary in Albania. The abuse of personal power during these three years of DP rule and the lack of independence of the judicial bodies compel the Socialist Party to warn of the danger facing the country from an imbalance of powers and the rule of a “strong hand.” In the SP’s view, there is no guarantee that what was violated today for obscure party interests will be respected tomorrow. This is the most dangerous precedent President Berisha has introduced into the arena of Albanian political developments in the service of his personal power. 7. In addition to our political denunciation, we have also filed a legal complaint with the Constitutional Court. The SP has also requested that implementation of the decision on the referendum be suspended. (Continued on page 2) …the governing bodies of the district SP committee, the chairpersons of the councils as well, the mayor, the chairperson of the district council, and the heads of the communes where the Socialist Party won. Also participating, sent by the PSSH Presidium, were its vice-chairman Luan Hajdaraga and MP Alfred Paloka. (Continued on page 4)
How are the minutes drawn up, and who receives them?
A phrase has been forgotten in one of the articles of the law “On Referendums”
As is well known, the law “On Referendums” was published somewhat hurriedly. It was sent to press on 7.10.1994 and came off the press that same day, 7.10.1994. In its numbered provisions, this law refers to Decree No. 7573, dated 16.6.1992, on the election of local government bodies. This law is indeed in the Official Gazette containing the decisions of the People’s Council of 1992, but, strangely, it had not been included. The materials for this newspaper are prepared and sent to press on 15.9.1992, that is, three months after the law was approved by the People’s Assembly. …llor, as well as two months after the elections of 26 July, the result of which is already known.
We will not discuss the official or technical aspects of publication, but will focus on another omission, following the one made here by “RD” concerning the law on elections to local government bodies, which it later partly corrected. I say partly because a phrase has also been omitted from Article 76 of the law on local government elections: “Every electoral subject, as well as the associations specializing in observation…”
(Continued on page 3)
The Second Congress of the Republican Party
- Selami seeks salvation at the Republicans’ Congress -
The Second Congress of the Albanian Republican Party was marked by harsh tones, thus signaling a new stance by everyone toward the Democratic Party. Taking the floor, the party chairman, Mr. Godo, said that the PRSH was created to move toward democracy together with the Democratic Party, but some people in power—and the authorities themselves—have abused this freedom up to the limits they reach, or, more precisely, the limits that suit them in order to keep this freedom under their control. Citing the case of the strike by the persecuted and that of Kukës, he said he went to observe the dialogue; expressing the Republican Party’s … and position, he said: “We do not agree with actions that lead to autocracy; we do not want a typically Albanian democracy.” Reasoning from this, he said, urgent measures must be taken to improve the situation.
Although in his speech he said a few positive things about economic reform under the DP program, overall he spoke against it, noting that the results achieved leave room for further effective and necessary measures. The platform is missing…
(Continued on page 3)
By saying “No” to the draft constitution, we say “No” to a new monarchy in “democratic” garb
Members of the Lezhë district meeting included members of the Socialist Party’s governing committee, chairpersons of party organizations and local councils, as well as invited Socialist councilors on the district council, the municipal council and commune councils, and members and supporters of the Socialist Party.
Also taking part in this meeting were…
…Shaqir Vukaj, deputy chairman of the People’s Assembly, and Ermënleda Meksi, MP.
The meeting was opened by Kujtim Dashi, chairman of the SP in Lezhë. In his speech, he emphasized that, in order to approve the draft constitution by referendum, Berisha’s regime is trying to…
(Continued on page 3)
By voting against the draft constitution, we vote for democracy
On 14.10.1994, at the Palace of Culture in Fushë-Krujë, the activist meeting of the Socialist Party of the Krujë district was ... . Party officials and councilors at all levels took part in the meeting. Also participating were the PS vice-chairman Luan Hajdaraga, MP Alfred Paloka and Elmaz Sherifi.
- The meeting was opened by the chairman of the Socialist Party of the district, Mr. Bashkim Marçaku, who informed those present about the purpose of the meeting.
- Then the floor was taken by the PS Vice-Chairman, comrade Luan Hajdaraga. He told the participants: You are fully informed that President Berisha has set 6 November as the date of the referendum. This is a very short period; therefore, the main task of the party bodies, the governing bodies and the electoral commissions is to take organizational measures to the utmost, so that they can administer every vote cast by our voters. The questions you are asking at this meeting also show that all of you are quite clear that the discussion is no longer about whether or not we agree with a referendum. The referendum is only the means President Berisha found to make the constitution, the constitution that…
(Continued on page 3)
Announcement
On Friday, 21.10.1994, at 16:30, at the «Puna» Sports Palace, the Durrës Socialist Party Committee, together with the other opposition parties, is organizing a public rally against the draft constitution.
Members and supporters are invited to attend.
Socialist Party Committee, Durrës
THE CONSTITUTIONAL COURT FACES A MAJOR RESPONSIBILITY
A response is requested to the application of the SP parliamentary group
To the Constitutional Court
Tirana
Mr. Chairman!
By our application dated 11.10.1994, we requested:
- That Article 2 of the law “On Referendums,” approved by the People’s Assembly on 7.10.1994, be declared unconstitutional.
- That the People’s Assembly decision “On the approval of the Constitution of Albania by referendum” be declared unconstitutional.
- That implementation of the aforementioned law and decision be suspended.
Seven days have passed since our application, and we have received no response. We are conscious of the necessity of your position, especially regarding our final request to suspend implementation of the law and the relevant decision, which is based on point 10 of Article 24 of the law “On the Main Constitutional Provisions.”
Since implementation of the aforementioned acts entails serious consequences for the people and our country, we ask you to issue your decision as soon as possible.
For the PSSH Parliamentary Group
Chairman
NAMIK DOKLE
Tirana, 19.10.1994
FROM SOCIALIST PARTY MEETINGS IN THE DISTRICTS
MAT
The referendum: a political test—not simply a “yes” or “no” on the constitution, but on democracy
At the end of the week, a meeting of the Socialist Party of the district was held in Mat. Its central topic was Republic of Albania. Members of the district SP committee’s governing committee, chairpersons of the local councils, heads of communes where the Socialist Party had won took part. Luan Hajdaraga and MP Alfred Paloka.
Rexhep Kurçyku, chairman of the Socialist Party of Mat, who spoke first, gave an overview of the political situation and state of the district and the party in Mat. Describing it as tense, he said that, as always, the people of Mat would know how to say “no” to the authoritarianism of personal rule, which they were seeking to institutionalize through the draft constitution being presented to us.
Mr. Luan Hajdaraga, who spoke next, said that on 6 November
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