Recent developments in the political situation have revealed a very dangerous trend: frantic efforts to heighten tensions in order to create a casus for establishing a personal dictatorial power. Berisha’s regime is sick. The cause of this illness is the failed policy of the DP itself, directed directly by the president, who has taken all the reins into his own hands: those of the executive and of the ruling party. The serious, factual failures cannot be denied by citing the number of visits and meetings Berisha has held and continues to hold with foreigners. The failures and serious corruption cannot be defended with pathetic speeches and anti-Communist growling. The serious crisis and division in the DP cannot be covered up and hidden with the spectacles and applause of fanatics gathered at conferences. The severe economic crisis and mass poverty cannot be covered up with arithmetic that starts counting from zero, without accounting or accepting responsibility for reducing values to zero, for the destruction, for causing economic and political collapse, without reflecting on the implementation in Albania of shock therapy, of a zero-level kind, etc. Alarming prostitution, drugs, murders, organized and mafia crime, diseases or mass epidemics such as cholera, the resurgence of vigilantism and serious crime, the crisis of free speech, the strategy of heightening tensions. The statements and speeches made at DP forums, the claims of strong leadership at its press conference, the calls for revenge and division, for class struggle, and the politicization of particular events such as those of February 1991, are made in the service of implementing this strategy and achieving specific objectives to attack the Socialist Party. There is no doubt that President Berisha is the initiator and inspiration behind the widening gulf between the government and the opposition. The irresponsible, divisive statements that speak of a socialist black veil, that call Socialists enemies, or other declarations urging people to fear the Socialists, clearly demonstrate not only the strategy of tension and division, but also the fear and fever that have gripped President Berisha as he tries to hold on to power at any cost. All indications are that he is working to create a suitable casus for the public establishment of personal power. This would be a grave misfortune for democracy and the Albanian people. The times we are living through are not calm. They contain great dangers. They call for casting aside carelessness and every kind of euphoria. They call for a further revival of democratic thought and resolve, to say no to the strategy of tension, no to the division of the situation. De... against Albanian and national division, against the establishment of personal dictatorial power. Of course, the demand for a genuine recognition of the situation and responsibility should not be confused with the actual capabilities of those who want to establish personal dictatorial power. There is no room either for fear or for underestimation. Dictatorial power, as is well known, comes through violations of the laws and the constitution, through blackmailing parliament, expanding the scope for political-party interference, through demagoguery and deception about democracy and freedom; it comes with settling scores and beheading, with howling and calls for enmity and labeling people enemies and puhadorë, with an increase in anarchy, insecurity and fear, and the spread of criminality. All of these are currently present in Albania. Efforts to carefully identify them should lead one to call out: stop the new dictatorship. The responsibility is grave for those who want to establish dictatorial power, but all those who fail to block the way, in time, to the establishment of a new dictatorship also bear a grave responsibility before democracy and the interests of Albania and the nation. murders, organized and mafia crime, together with blood feuds, the killing of free speech and the imprisonment of the regime’s political opponents, etc., cannot allow you, Mr. President, to pompously proclaim spectacular successes in implementing the DP’s program. The great responsibility for failures in resolving the national question, that of Kosovo and of the Albanians living in their own territories in Yugoslavia, cannot be covered up by statements about the internationalization of the Albanian question, nor by the declared and undeclared meetings with Rugova and Bukoshi. Not only was nothing achieved of what Berisha publicly declared about this issue, but our brothers in Kosovo also lost the rights they had won through blood and sacrifice. Berisha’s declarations about recovering the situation after his complete failure, first and foremost, in the referendum of 6 November, cannot under any circumstances conceal the serious violations of constitutional law that he committed. After the 6 November referendum, under the leadership of President Berisha, a stra-

Interview with Dr. of Legal Sciences KOSTA GAZELI, given to our journalist Ardian Myslymi. Question: After the rejection of the draft presented to the referendum of 6 November, the opposition prepared and published another alternative draft. You were one of the authors in the drafting group. In your opinion, what factors led to the adoption of such a step? Answer: There are several factors that led to the drafting and presentation of the alternative draft Constitution. The first and most important factor is its very importance as the fundamental law governing the construction of every state, defining the main principles, the political and economic order, the separation of powers and their competencies, the freedoms, rights and duties of citizens, etc., and serving as the basis and principal source of all other legislation in different fields. Second, after the 1976 Constitution was repealed, our country was left without a Constitution. The overthrow of the communist system and the establishment of a democratic system in our country require an appropriate Constitution which, by embodying a democratic spirit, will enshrine the aspirations of the Albanian people for freedom and democracy, accurately define the democratic powers and institutions that will lead to consolidating the democratic achievements made so far, continuously improving democratic institutions, securing human freedoms and rights, and establishing the rule of law in Albania. It is true that during these three years of democracy, in the absence of a Constitution in our country, the Main Constitutional Provisions have existed, but for many reasons they can in no way take the place of a Constitution. Third, as is known, after the Main Constitutional Provisions were approved, Parliament and the parliamentary political parties produced several constitutional drafts, which were also consulted with specialized international bodies; but it seems that, in the absence of consensus with the opposition parties, the Albanian opposition had an obligation to take the initiative itself, as it did, to draft the Constitution project, which has now also been published in the press. In the context of the above alternative draft Constitution, it should also be emphasized that I think its approval as soon as possible will certainly help increase the chances of Albania’s admission to the Council of Europe. Question: But while the draft has been published and has begun to be discussed by various politicians and intellectuals, some officials in government have called it illegal. Can you explain the legal basis for your draft? Answer: I think that anyone, whether or not they are a government official or vested with power, must be accurate when characterizing an action as legal or illegal; otherwise, they should be cautious or refrain from comment. They should also be cautious about this draft constitution. I would ask those government officials who label it illegal: Which law has been violated, or which law says that drafting a bill or a draft constitution is prohibited? The only answer would be that no law has been violated and no law says that drafting laws or a draft constitution is prohibited. In this case, the working group drafted the proposal, but for it to become reality it must, in addition to the procedures for gathering opinions and consultations that each opposition party may undertake individually or together with others, necessarily undergo the legal procedure laid down in the Main Constitutional Provisions and in the Rules of Procedure of the Parliament Po- ... For this, groups of specialists are appointed. So, in the present case, what could be wrong if the opposition parties appointed a group to draft the proposal and, if this proposal is submitted for approval through persons who have legislative initiative, to the competent body? Surely even the most elementary logic, let alone legal and political logic, would say that there is no violation of the law and nothing wrong; on the contrary, this could speed up the process of giving Albania a Constitution. Question: What were the main areas of your work to ensure the independence of the judiciary in the draft? What are some of the advantages of the opposition’s draft over the one rejected in the Referendum? Answer: The alternative draft Constitution drawn up by the working group appointed by the opposition parties better guarantees the independence of the judiciary. This independence is not merely declarative, but is reflected in the unlimited duration of judges’ service; their material benefits cannot be reduced; the judiciary has a separate budget which it administers itself; Supreme Court judges are elected by Parliament on the proposal of the High Council of Justice; the President of the Supreme Court is appointed every two years, on a rotating basis, by the Supreme Court judges themselves. Criminal proceedings against a Supreme Court judge may be authorized by Parliament, by a majority of all MPs, when requested by the Prosecutor General and only after the consent of the High Council of Justice has been obtained; judges may be prosecuted or removed from office only by a decision of the High Council of Justice, and that decision is appealable to the Supreme Court; courts, in matters within their jurisdiction, may directly apply the Constitutional Provisions; and finally, ... After adoption of the Main Constitutional Provisions, Parliament and the parliamentary political parties drew up bodies. However, when submitted to the people for approval by referendum on November 6, 1994, they were not adopted: they lacked the support of the opposition political parties, did not pass through Parliament, and had shortcomings. In these circumstances, not only did the country and its people need to be given an improved draft constitution, but I would say that, in conditions where the party in power did not agree— The working group drafted the proposal in this case, but for it to become a reality, that each opposition party, or several of them together, may undertake, it must in all cases be subject to the legal procedure set out in the existing Main Constitutional Provisions and in the Rules of the People’s Assembly. This follows also from the content of Article 23 of the Main Constitutional Provisions, according to which legislative initiative belongs to the President of the Republic, the Council of Ministers, any member of Parliament, as well as a group of 20,000 voters. Thus, even if a member of Parliament were to call for the Government’s resignation, this may be requested by the Prosecutor General Justice, and that decision may be appealed to the Supreme Court; in matters within their jurisdiction, courts may directly apply the Constitutional Provisions; and, finally, the High Council of Justice itself is composed of the President of the Republic, the Minister of Justice, and nine members elected every one year as follows: four by the General Assembly of the Republic’s judges, three by the Bar Associations, and two by the assembly of academic staff. (Continued on page 3)

The spokesperson for the Greek Ministry of Foreign Affairs, Mr. Konstandinos Bikas, made the following statement: As you know, Greek-Albanian relations went through a period of crisis, as a result of which there was no dialogue between the two sides. The forthcoming visit of Foreign Minister Mr. Karolos Papulias to Tirana marks the resumption of dialogue between the two countries at a high level. I wish to reiterate that our aim is friendly relations with neighboring Albania, within the framework of respect for our countries’ national independence and sovereignty. For us, respect for the rights of the Greek Minority there, as well as the advancement of bilateral relations in all fields, in the interests of both peoples, are the fundamental pillars of our policy toward Albania. We believe, finally, that Greek-Albanian relations should and can contribute to the stability, security and development of the Balkans. Correspondent of “Zëri i Popullit”

At the meeting of the National Council of the Conference of Trade Unions of Albania, among other things, as is known, the government’s resignation was called for. Is this rebellion, as [the text is unclear]—or is it a legitimate demand arising from bad governance? The answer to this question can be found in Albanian reality, in the condition of workers, which is continually worsening. At almost all conferences for the election of district trade-union councils, the government’s resignation has been insistently demanded. “This government is against the people. It does not represent the people, but itself,” said the chairman of the Malësia e Madhe Trade Union Council. “What has it done in three years? Nothing! It has only divided and impoverished the people.” “What has the government done for us workers? It gave everything away. Those factories and plants, those enterprises that existed, were privatized, and a handful of people who support the government’s policy are taking them over.” “There are around 7,000 unemployed in Krujë alone,” said the chairman of the Krujë Trade Union Council. The trade unionists called for the government’s resignation, and they did not do so without reason. Mass unemployment is the greatest stain of the Meksi Government. “There is a lot of noise about increasing oversight to fight corruption. Who is corrupt? Who are they? Corruption has become a wound in society. Who takes bribes—the workers or the government officials?” asked the chairman of Elbasan. “That is why the trade unionists and work-” Workers are calling for the Government’s resignation. This Government is anti-people and antidemocratic. No law protects workers; they are all directed against them. Left without jobs, they are threatened by hunger. Now the securities will be distributed. In their market, the big sharks will gobble us up. This is what many speakers say. The government’s policy of deception is creating a group of people while impoverishing and exploiting most Albanians. So why do we need this Government? Pensioners do not receive even 1 dollar a day, while a foreign specialist is paid 1,000 dollars a day. How long will this pressure continue? Poverty has settled in with its legs crossed. There are more than half a million pensioners whom this Government has neither listened to nor ever helped. So why do we need this Government? The trade unions have continually made demands. The Government has called them justified. Yet it does nothing to meet them. Our trade unionists have been terrorized during the three years of democratic rule. The Government fears genuine trade unionism because it shakes the seats beneath it. Therefore, this Government must leave its seats together with the heating [word corrupted in source: ngroh\u0000]. These were the pressures and these were the harsh reactions that led to the unanimous decision calling for the Government’s resignation. But will the Government budge? If it does, we will all be destroyed by...

Stop the strategy of tensioning the situation, division, and establishing personal power — Although the king’s nakedness [the text is unclear] (or, as is known, there is also a [unclear] when the DP tries to cover it up). Alongside this, its propaganda was that it did not aim at enrichment for its own sake [the text is unclear]; it did not seek power in order to create a democratic state, establish democracy, respect freedoms and human rights, or build a new, modern state, etc. Meanwhile, the DP’s inclination toward establishing a new state (?), a regime of Illusion, cannot be denied. To see this, it would be enough to recall what was to happen with the privatization of public property and the political spectrum’s privatization plan, including that of the opposition. It says: “For ...” ... privatization would be carried out by distributing free securities to the adult population, which they would be entitled to exchange freely and as they wished for shares in enterprises to be privatized over the four-to-five-year period. In this way, everyone would become an owner of the existing capital. Privatization with free securities would also be carried out for the existing vouchers. Former owners were promised that “we recognize their legal right to the possible return or compensation, to the extent provided for by law, of property formerly owned by them, taken from all parties by the communist regime.” “We will settle the co-” ... confiscated [property] to its former owners—FP is published under the existing land law, principally on two fundamental points: private ownership and the criterion of proportionally allocating land per person; the DP [unclear] the land distributed under this law. The democratic state guarantees by law that former landowners, regardless of boundaries, will receive compensation in value, to the extent possible, for the land property they owned before the 1946 agrarian reform. The criteria for distribution will be compensated only to the extent of the necessary [unclear]. Meanwhile, it has been declared that “our firm [position] against the regime will be...” (Continued on page 2)

Fists against the chief of criminal police, stones against the branch chief’s car Fortunately, an incident at the Hani i Hotit customs post a day ago did not cause a tragedy. The chief of the criminal police of the Malësia e Madhe district, Mr. Gjelosh Vushaj, was involved in an incident with several people at this customs post. Accounts of the event differ. The scuffle lasted several minutes. A car that was there was also pelted with stones, breaking its windows. It is said that this was the car of the prefect of Shkodër, in which the head of the internal affairs branch had arrived... (Continued on page 2)