28/02/1995
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Zëri i Popullit

28 February 1995

ALBANIAN OPPOSITION COMPLETES ALTERNATIVE CONSTITUTION DRAFT

- Joint statement by PAD, PBDNJ, PSD, PS - The four parliamentary political parties, PAD, PBDNJ, PSD and PS, with the aim of speeding up the drafting and approval of the new draft Constitution, took the initiative to prepare an alternative draft, setting the end of February as the deadline. For this purpose, the above-mentioned parties commissioned a group of specialists renowned in the field of constitutional law, and after discussing it article by article, the parties approved it by consensus as an alternative that meets Albania’s democratic requirements and international standards. In drafting this proposal, the experience of the constitutional law of the Parliamentary Republics of the European Union was taken into account. This draft was also based on the current constitutional framework (the Constitutional Provisions in force), as well as on the work of the Parliamentary Commission that drafted the Constitution proposal rejected by the people in the 6 November Referendum. Respecting the people’s verdict, the new alternative draft has taken into account and reflected on the observations, suggestions and objections arising from the 6 November vote. Taking into account the people’s wish for Albania to have its Constitution as soon as possible, the four parties decided by consensus to publish the full text of the draft in the press, not only as an expression of our contribution and determination to overcome the constitutional crisis as soon as possible, but also as a necessity for consultation on the opinions, observations and suggestions of citizens, intellectuals, etc. The drafting, discussion and approval of the draft Constitution will follow the legal process, passing through Parliament. Convinced that the Constitution, as the fundamental law of the state, belongs to everyone, and wishing for the broadest possible consensus on it, we invite PD, PDD, PR, their members of parliament, as well as all the country’s political parties, to work together on this specific draft, in order to give Albania its democratic Constitution as soon as possible. DEMOCRATIC ALLIANCE PARTY HUMAN RIGHTS UNION PARTY SOCIAL DEMOCRATIC PARTY SOCIALIST PARTY Tirana, 27 February 1995

President of the Federal Republic of Germany, Prof. Dr. Roman Herzog, in Tirana

How to accelerate the conditions for Albania’s membership in the Council of Europe [The article continues in the column beside the photo.] ...will speak in the People's Assembly of Albania, will meet with representatives of the parliamentary parties, etc.; a Joint Declaration equivalent to a treaty of friendship between the two countries will be signed. The visit of the German president to Albania is the first visit by a German head of state, symbolizing the highest level of political relations and exchanges between Albania and Germany. The visit is expected to give further impetus to relations between our two countries, in the political as well as the economic and social fields. In addition to its bilateral dimension, this visit is also of particular importance for Albania's relations with the European Union and with other European institutions and mechanisms. As is known, Germany is one of the European countries that has contributed, both directly and through the EU, emergency aid to help Albania overcome the difficult, critical period it experienced during the hard early years of the transition. Now that this emergency phase has passed, Germany is helping Albania— (Continued on page 6) Today, a distinguished friend from Germany, the president of this great European country, Prof. Dr. Roman Herzog, begins an official visit to Albania. He will meet with Albania’s highest-ranking officials.

Leaders of Albanian newspapers returned from Denmark

On Sunday, the group of leaders of Albanian newspapers returned from the Kingdom of Denmark, where they had made a one-week working visit at the invitation of the Danish School of Journalism. During their stay in Denmark, the chief editors of the Albanian newspapers met with prominent figures and journalism professors, visited and held meetings at Denmark’s leading newspapers, and met with Danish political figures in the Danish Parliament and officials from the Ministry of Foreign Affairs. This was the first joint activity between the Danish School of Journalism and the Albanian newspapers, as part of a broad program of activities and training lasting two years. As has been announced, in March a second group of 12 journalists will depart to specialize at the Danish School of Journalism for a two-week period, as part of the preparation of journalism trainers for the Institute of Press and Media in Tirana. This program is funded by the government of Denmark. Correspondent of «Zëri i popullit»

CLASH BETWEEN SELAMI AND SPAHIA

In support of Mr. Selami’s argument, various DP activists stated that, if a second referendum were held, not even half the votes cast on November 6 would be secured in Korçë. Those attending the meeting had the opportunity to «enjoy» at close quarters the exchanges between the two delegates, Selami and Spahia, and their scuffle over each other’s hands as they vied to grab the microphone first to address the hall. “I know that the March 5 meeting will be held to dismiss me,” Selami addressed the hall, “but I will always remain a democrat.” “You yourself asked to resign,” Ali Spahja interjected, thereby con-

From DP meetings in the districts

Korçë CLASH BETWEEN SELAMI AND SPAHIA firming Mr. Selami’s statement. The exchange continued for some time, and Selami addressed the press and TV correspondents present in the hall, asking that the proceedings of this meeting be broadcast accurately so that the people could have the opportunity to learn his version of events. The applause that broke out whenever Mr. Selami took the floor showed that in Korçë he had found the support he was seeking. What is surprising, however, is that it remained confined to this meeting, since the repeated interventions by Spahiu carried the message: on March 5, you can’t speak to them in this manner. MUHARREM MEKO Elbasan KOPLIKU AGAINST SELAMI The microphone placed on the podium at the meeting of the extraordinary DP activists in Elbasan was snatched from Selami’s hands, with evident agitation, sometimes by Bashkim Kopliku, sometimes by Gen[?] Pollo, even though all three had entered the hall beforehand together. According to reliable sources among those attending the meeting, it is reported that the meet- (Continued on page 3)

ALBANIA NEEDS A CONSTITUTION THAT WILL GUARANTEE THE FUTURE OF DEMOCRACY AND INTEGRATE IT INTO THE FAMILY OF THE CIVILIZED NATIONS OF EUROPE

Draft Constitution of the Republic of Albania

Part One FUNDAMENTAL PRINCIPLES Article 1 FORM OF THE STATE 1. The Republic of Albania is a sovereign, unitary and democratic state. 2. Its territory is indivisible and inalienable. Article 2 THE CONSTITUTION The Constitution is the Fundamental Law of the Republic of Albania. Article 3 SOVEREIGNTY National sovereignty belongs to the people, who exercise it in the forms and within the limits provided for by the Constitution. Article 6 POLITICAL PARTIES 1. Political parties participate in the formation and expression of the people’s political will, primarily through elections. 2. They may be freely established. 3. The activity of parties that, through violence, threaten the existence of the Republic or of its fundamental democratic institutions is prohibited. Article 7 PROTECTION OF ALBANIANS LIVING ABROAD The Republic of Albania protects the rights of its citizens who reside temporarily or permanently outside its borders. Article 8 SUPPORT FOR THE RIGHT TO SELF-DETERMINATION In the spirit of generally accepted international documents, the Republic of Albania supports the right to self-determination of the Albanian people outside its borders. Article 11 The organization and functioning of the bodies provided for in the Constitution shall be regulated by law. 2. the Constitution shall be regulated by law. 3. No state function or civil-service position may be created or abolished except by law. 4. State bodies, political parties, organizations and citizens are obliged to respect the Constitution and the laws. Article 12 DUTIES OF THE ARMED FORCES The Armed Forces ensure the sovereignty and independence of the Republic of Albania and protect its territorial integrity. Article 13 THE NATIONAL ECONOMY The national economy is based on a diversity of ownership and the free initiative of all economic entities. Article 14 OFFICIAL LANGUAGE In the Republic of Albania, the official language is Albanian. Article 18 THE CAPITAL. The capital of the Republic of Albania is Tirana. Part Two HUMAN RIGHTS AND FREEDOMS Article 19 THE RIGHT TO LIFE 1. Every person’s right to life is protected by law. 2. No one may be deprived of life except by a court decision for an extremely serious crime committed intentionally, for which the most severe penalty is provided for by law. 3. The death penalty may not be imposed on young people who were under the age of 18 when they committed the crime, or on women. Article 20

The Constitution is the Fundamental Law of the Republic of Albania.

provided for by the Constitution. Article 4 SEPARATION OF POWERS The legislative, executive and judicial powers are separate and independent. Article 5 INTERNATIONAL LAW AND DOMESTIC LEGISLATION 1. The Republic of Albania recognizes and respects the generally accepted norms of international law, as well as the principles and norms of the international treaties and agreements to which it is a party. 2. When the rules of domestic law conflict with the generally accepted norms of international law, the latter take precedence.

Article 8 SUPPORT FOR THE RIGHT TO SELF-DETERMINATION

the Republic of Albania supports the right of the Albanian people outside its borders to self-determination and to resolving the national question in a democratic and peaceful manner. Article 9 SECULAR CHARACTER OF THE ALBANIAN STATE 1. Religion is separate from the State. The Republic of Albania guarantees the freedom and equality of every religious faith. 2. The use of religion for political purposes is prohibited. Article 10 The Republic of Albania grants political asylum to persons persecuted for political reasons. Article 11 THE PRINCIPLE OF LEGALITY 1. State power is exercised only by bo-

Article 14 OFFICIAL LANGUAGE

is Albanian. Article 15 NATIONAL FLAG The national flag is red, with a black double-headed eagle in the middle. Article 16 NATIONAL ANTHEM The national anthem of the Republic of Albania is «Rreth flamurit të përbashkuar». Article 17 NATIONAL HOLIDAY The national holiday of the Republic of Albania is Flag Day, 28 November.

Article 20 FREEDOM OF EXPRESSION OF THOUGHT

committed the crime, or on women. Article 20 FREEDOM OF EXPRESSION OF THOUGHT 1. Freedom of expression of thought, conscience and religion is inviolable. 2. No law may be enacted that abolishes or imposes prior restrictions on freedom of speech, the press or other means of communication, except in cases involving the protection of children’s interests or people’s lives. 3. Everyone is free to express their thoughts through speech, writing or any other means of dissemination, but is liable under the law for abuse of this freedom. 4. The right to be informed may not be de- (Continued on page 4)