SOCIALISTS: The state should play an active role in employing the population Speech by MP Ermelinda Meksi on behalf of the parliamentary group CHRONICLE The Labour Code came up for approval at yesterday’s plenary session of the People’s Assembly. It is the fourth Code to be approved by Parliament. The constant calls for its drafting and approval stem from the need to fill the gap in existing legislation, which was based on the relations of an economic and social system that has now been superseded, while raising and encouraging the market economy. But despite its importance, which the deputies themselves have expressed several times by calling for it to be drafted and approved by Parliament as soon as possible, yesterday’s session did not do justice to that importance. The approval of the Draft Labour Code of the Republic of Albania took place just like a “concentrated strike” campaign. Every statement about its importance and the care that should be taken in approving it was devalued when, in about an hour, all 215 articles of the Code were put to a vote, article by article. Its rapid approval left a bitter impression: that its implementation would later give rise to many problems. After the specialists had given their answers, representatives of the parliamentary groups took the floor. The Labour Code is the fourth among the codes approved by this Assembly. Given the nature of the relations it governs, it has rightly been called the constitution of labour. Consequently, we have the honour and the obligation to exercise care and responsibility during its review and approval. The draft Labour Code has, in general, achieved its purpose of comprehensively regulating labour relations and, in particular, providing legal regulation for new elements that have emerged under the conditions of a market economy. Thus, it seeks to fill the gap in existing legislation, which had been created to regulate these relations in a different economic and social system. This draft is the result of historical evolution. It combines many achievements of the past with improvements arising from changing conditions and circumstances, which must necessarily be reflected in this Code. It is essential to combine simplicity with clarity in the law, so that there are no differing interpretations by employers and employees, the people the law is meant to serve. 1. This draft Code is based on the Law “On Fundamental Human Rights,” because this draft, like the law, recognizes the right to choose one’s work and profession. Indeed, following a proposal by Socialist deputies on the Economy Commission, this draft has been improved in this respect compared with the law, because the addition of the phrase “the state plays an active role in employing the active forces of the population” involves the state in regulating labour relations (Article 7). This draft Code will help us move beyond the passive fight against unemployment pursued until now through assistance, towards an active fight against it, making the state responsible for this role. With this proposed improvement, we also respect the UN International Covenant (Article 6), according to which a State Party to the Covenant shall take measures to protect the right to work and, among other things, to achieve full and productive employment. Since the Constitution in Albania has not yet been approved, this proposal creates no contradiction; on the contrary, it improves this Code in line with the experience of all other developed countries. The difficulty in reviewing it stems not only from its importance, but also from the challenges involved in formulating the draft. Since it was prepared by a foreign professor of labour law, it is difficult to understand. We think that if an Albanian specialist in the field, of whom there is no shortage, had worked with this professor, the draft would have been clearer, more understandable and easier to implement. Within the structure of the Ministry of Justice there is a directorate called the Codification Directorate. We do not understand why, in drafting and reviewing this Code, the director of the directorate did not take part in the commission’s work, when this is an obligation and the directorate must even submit its written opinion to the Ministry of Justice on every draft law sent to the People’s Assembly for review. We consider this a lack of seriousness and responsibility in drafting legislation, particularly in the case of a draft code such as this, which contains strictly legal provisions. Considering this draft to be the fundamental law governing labour relations, we also have this general comment regarding consultations with specialists and the proposals we have received from various trade unions in the country. These are comments whose reflection in the draft can only improve it. First: We think the Code should be restructured. This is because there are insurmountable jumps from one legal institution to another. For example, the fundamentals of labour legislation are discussed at excessive length at the beginning, without identifying the parties to these relations. Important elements of labour relations are often passed over superficially in this draft [cut] (Continued on page 3) [Fragment cut off at the beginning] ...as was shown during its approval, which was assessed [unclearly], when, over the course of about an hour, all 215 articles of this Code were voted on one by one. Its rapid approval led one to fear that many problems would arise later in its implementation. parliamentary groups took the floor. Speaking on behalf of the PSD, MP Milo expressed his support for it, calling it extremely important and a contribution to the market economy. Meanwhile, speaking on behalf of the parliamentary group of the Socialist Party, MP Ermellinda Meksi said: of comprehensively regulating labour relations, and especially of legally regulating the market economy.” But, she added, this law would achieve its full potential if it performed its fundamental functions well. (Continued on page 8) [Fragment cut off at the beginning] ...many achievements of the past. Improvements arising from changes in conditions and circumstances employers and employees do not interpret it differently, while the law should serve to resolve conflicts between them. these fundamental functions well: 1. To facilitate and support private initiative, as well as voluntary private relations such as private contracts. 2. To resolve conflicts that arise in labour relations. 3. To establish minimum standards for workers, such as a minimum wage and health and safety standards. Among the positive achievements of this code, we can mention: [Fragment cut off at the beginning] ...to take measures to protect the right to work and the protection of workers’ rights. Since the Constitution in Albania has not yet been adopted, this programme in line with the experience of all the other developed countries that have ratified this pact. 2. During the discussion of this draft code, all the committees approved, without any changes, the proposals of the government organizations concerning the status of women in this code. 3. Under this draft, the right to leave is longer—three weeks a year—and is accompanied by payment of one month’s salary. 4. Following a proposal by Socialist MPs on the Economic Commission, this draft makes, for the first time, an attempt to define the subsistence minimum. Despite these achievements, particular care is necessary regar-

Tirana: BERISHA-DEMIREL: Yesterday morning, the President of the Republic of Turkey, Sulejman Demirel, arrived in Tirana at the head of a large delegation, accompanied by the foreign minister and a number of businesspeople. At Rinas Airport he told the press that he was happy to be coming again to a friendly, brotherly country, after a three-year period, now in the position of President of the Republic. He praised the achievements made during this time. (Continued on page 4)

— Socialist Party vice-chairman Mr Servet Pëllumbi tells Turkish President Demirel — In the afternoon, President Demirel of Turkey also met with the leaders of the parliamentary political parties. In connection with this meeting, the Socialist Party vice-chairman, Mr Servet Pëllumbi, said: “The meeting was warm and friendly. All the political forces considered the visit successful, a visit that will contribute to qualitatively improving cooperative relations between Albania and Turkey. “On behalf of the Socialist Party, I thanked the Turkish president for his successful visit to Albania, as a good friend of our people who has contributed, at difficult moments in the transition, to helping our people. At the same time, I stressed that relations between Albania and Turkey, thanks now to President Demirel’s contribution, are stable relations, institutionalized relations, relations that are growing. I expressed the hope that the aspirations that exist in the economic sphere could create opportunities for their further development, so that they reach the levels attained in the political and military fields. I also emphasized the role this friendship and cooperation play in stability in the troubled Balkan region, which undoubtedly has an impact on finding the most optimal solutions to these problems that now require resolution. Prepared by: LULZIM ÇOTA

The councillor was treated as a socialist councillor BULQIZË The decision of the Bulqizë court has become final, according to which Mehmet Lec, a teacher with higher education in Gjoricë and a member of the Bulqizë district council (representative of ...) It is reported that, despite the postponement of the meeting by more than two hours by the councillors, the meetings at the Bulqizë council and the representatives of the prosecutor[?]’s office, who insisted

[Headline above cut off] declared innocent This is how a Socialist councillor was treated of the Socialist Party), is innocent. Mehmet Leci, a teacher with higher education, was [date as printed: “1 February 1995”], following a criminal complaint initiated by the district prosecutor, Seim Kaloshi, and was held in the damp cells of Peshkopi prison until 8 June 1995, when the prosecutor at the hearing, in the courtroom, declared the case closed and the defendant innocent. It is reported that, despite the councillors’ postponing the meeting by more than two hours in order to hold the Bulqizë council meeting, and the insistence of the prefecture’s representatives that the Socialist councillor should not attend the meeting because he had been in prison, a firm answer was given: “Mehmet Leci is innocent; he is just like all of you.” He has received the corresponding councillor’s compensation and will receive the employee’s salary for the entire period. A. ASHKUT

DURRËS Although people speak of the independent operation of a “strong” customs police at the port, which thoroughly inspects every entry or exit of goods by ferry, there are quite a few cases of its making secret agreements with certain individuals or officials to sidestep and conceal many flagrant cases of corruption. Everyone knows that it is precisely within the ranks of this customs “stronghold” that the inextricable roots of corruption begin. Legal violations in the work of this police force are not uncommon, especially when they are backed and supported by senior officials. A case in point occurred two weeks ago. A 25-ton truck loaded with goods arrived by ferry from Italy at the Port of Durrës. According to the documents presented, the truck was to unload a considerable quantity of carbonated water in Albania. But during an inspection by the customs police, it turned out that a large number of colour televisions had been hidden inside the shipment displayed under “proper documentation.” Avoiding the payment of high customs duties was one of the main reasons for concealing the imported goods, which were to be distributed at various locations around the country. After discovering this, Durrës Customs immediately ordered the suspension of the shipment loaded with smuggled goods and its immediate seizure. But it was not long before a second order cancelled the first. Although the customs police had immediately reported this discovery to State Control, it was precisely this body that ordered the scandal covered up and the truck carrying televisions from Italy released to proceed to its designated destination. Indeed, people within the customs police say that the head of State Control himself, Blerrim Çela, directly influenced the matter and insisted emphatically that this case of corruption be closed. And, on the firm order of State Control and its head, the customs police at the Port of Durrës decided to close this not isolated case of smuggling and let the truck loaded with televisions proceed to its designated destination, despite the customs duties remaining unpaid. MIRELA NDINI

SOCIAL: — An agreement has been signed between the Ministry of Labour and Emigration and SOS Kinderdorf International, headquartered in Austria. — The village is not an institutional orphanage where orphaned children can be adopted, but a group of family homes for their proper upbringing and education. The first modern village in Albania for the upbringing of orphaned children, established by the SOS Kinderdorf International association headquartered in Austria—an association founded in 1949 and active in 123 countries around the world—has been completed in Sauk, Tirana. The village built in Sauk, equipped with all the interior amenities and looking almost like a tourist facility, has 13 family homes, a kindergarten, an administration building and a school where the orphaned children will study. Six to eight children will live in each family home, cared for by an SOS mother. The staff have been selected according to set criteria, because the main characteristic of these buildings must be the motivation and ability to give these children, who have suffered so much, love and kindness, and prepare them for the future, so that they are willing to live happily and to help one another alongside these children, whose parental warmth has been cut short. This is precisely the purpose of the SOS mother. In this way, the aim of the organizers of this modern village is not only [cut]. (Continued on page 3)

A few days ago, law-enforcement authorities in the district of Durrës managed to apprehend Dritan Pali (22), after he attempted to rob a boat but was forced to [stop] after encountering resistance from it and from the people nearby. The available materials concerning the case have been forwarded to the prosecutor’s office, and it was announced that the criminal police would pursue the matter further, since reliable sources within the law-enforcement branch suspect an organized group was involved. M. N.

Burrel A mysterious incident has occurred at the Burrel brigade. Without warning, during a mysterious robbery, a weapon was apparently found. A shortage was discovered after an inventory was conducted at the weapons depot. The competent authorities were notified immediately, as was the Ministry of Defence. Sources say that during the process the police beat 12 officers and non-commissioned officers from the unit. The most seriously injured was the weapons-storekeeper, non-commissioned officer Osman Osmani, who has now ended up in Tirana’s military hospital. According to the same sources, the military police arrived from Tirana after the Burrel military police and its chief, Skënder H. smetaj, refused to use violence against the servicemen. B. Z.

An extremely painful, tragic incident occurred the day before yesterday near Mamurras as a result of a car accident. A van belonging to the superphosphate plant, while returning from Tirana to Laç, collided with a “Skoda” bearing Kruja plates, causing a tragedy. The plant director, Simon Meca, and the driver, Zef Prenga, died instantly. This incident has shaken public opinion throughout Kurbin. Correspondent of «Zëri i popullit»

A note from our correspondent Local government authorities have identified nearly a thousand unauthorized buildings in the city of Shkodra, but are unable to tell their owners what will happen to them. Meanwhile, a sporadic operation undertaken by law-enforcement authorities to demolish them has failed. The number of buildings has continued to grow. Thus, the “pull but don’t tear down” approach in this regard is turning Shkodra into Bahtore. However, while representatives of the local government have not refrained from threatening those who built these structures, no one is holding the authorities and officials responsible within the structures of this government to account for allowing and continuing to allow buildings of this kind to be erected. Instead of acting lawfully before construction began, the authorities go after a citizen for building without a permit only after the house has been built and the family has moved in and is living there. At the same time, this opens the way to unnecessary social tensions. The example of Bathore is highly significant and illustrates the critical situation in cases of this kind. Another problem is also emerging in connection with these buildings. The overwhelming majority of them have been built in places [cut off] (Continued on page 2)