- In
This Issue:
CEELI
Holds First Focused Discussion Group
Council
of Europe-Albanian Center for Human Rights NGO Forum
Positive
Evaluations of NGO Forums
Tri-Parliamentary
Delegation Visits
Fourth
Meeting of the Constitutional Commission
Fifth
Meeting of the Constitutional Commission
Greek
Government Sponsors Constitutional Expert
Results
of Albanian Mayors' Conference
Society
for Democratic Culture Takes Active Role
Roma
NGO Submits Proposal
Upcoming
Events
_________________________________________________
accapp/qakapp OSCE Presence Rr.
"Donika Kastrioti" Vila 6
Tiranë, Albania
355-42-40672 (v) 355-42-40673 (f)
[email protected]
ORT NGO Legislative Forum
On 18 January 1998, the ORT Democracy
Network Program hosted the second NGO
Forum on the Constitution. The forum--
focusing on legislative power--continued the
public participation phase of the constitution drafting
and education process. During the forum, Albanian
citizens and citizen groups identified issues relating to
legislative power that they feel should be addressed in
Albania's new Constitution.
More than fifty NGO representatives participated in
the forum. In a structured brainstorming exercise led
by Albanian and foreign facilitators, participants were
encouraged to freely raise issues they felt were
important for the constitution. After discussing the
issues raised, participants then voted to identify the
most important issues. Reporters for each group later
shared the results in a plenary session.
After the forum, ACCAPP combined the results from
each of the four groups into a single issue list for
presentation to the Constitutional Commission of the
Parliament. It is anticipated that the issues will be
addressed in Focused Discussion Groups, workshops,
and media events; and that they will ultimately be
addressed by Albania's constitution drafters.
The results of the Forum follow below. The issues
identified by the participants are generally listed
according to the number of votes received during the
Forum. While many participants expressed views as
to the potential resolution of some of these issues, the
purpose of this first Forum was to raise issues, not to
resolve them.
Structure of the Parliament: 2 Houses vs. 1 House
(Respective Powers)
Participants held that it is important for the
Constitution to provide whether the Albanian
Parliament will be composed of one house or two. In
determining the structure of the Parliament, the
Albanian tradition should be taken into consideration.
There were different ideas discussed, but all were of
the opinion that it is very important to clearly define
the powers of each house if there will be two houses.
Legislative Initiative
The participants considered it very important to
provide in the constitution which bodies are entitled to
initiate legislation. They suggested to include NGOs
in the list of bodies possessing the legislative initiative.
Procedures for Approving and Amending the
Constitution
The participants discussed the procedure to adopt and
amend the Constitution.
Sovereignty and Its Delegation
The issue generated a lot of discussion. Because of
the new orientation of Albania towards Europe and the
European Union, participants where interested in
clarifying its relationship to Albanian sovereignty.
Incompatibility of the Office of Minister with the
Position of Parliamentary Deputy
The participants considered it very important that this
issue be resolved in the Constitution. According to
most of the people who raised this issue, the ministers
should not have a seat in Parliament because of the risk
of an overlap of powers.
Position of the Parliament in the Separation of Powers
It is very important for the powers to be separated, and
at the same time, it is very important to provide for a
clear relationship between them. What is the role of
Parliament with regard to the other powers? Should
the Parliament be superior to other powers?
Who has the Power to Call and to Dissolve the
Parliament and When? Who has the Power
to Call for Early Elections?
The participants discussed the importance of
specifying the powers of the President and/or
Parliament concerning this issue.
Separation of Powers
The Constitution should specifically spell out the
separation of powers and the powers of each branch.
The Right of Veto
The right of veto should be provided, but the use of
this instrument should be specified in order to ensure
that it does not oppress or block democracy and the
independence of other bodies.
Guaranties on the Implementation of Laws
This is an issue on which there were different ideas
given. For example, which bodies will be entitled to
review the constitutionality of laws? Independently
from the different options, the implementation of
existing laws was stressed.
Drafting Procedures and the Right of Citizens to Raise
Important Issues in the Parliament
The participants discussed the right of citizens to
participate in the lawmaking process. It was
recommended that the drafters define in what way the
citizens may raise issues important to them at the
Parliament. The direct participation of the citizens in
consultations at the draft phase was considered very
important and a high form of direct democracy.
The Power to Remove the President
Which body will be entitled to remove the President
from his position? How will this issue be resolved in
case the President will be elected by direct vote of the
people?
Determination of the Form of Government
It is very important to provide in the Constitution the
form of government. This will resolve not only the
issue of the President's election (direct by the people
or by the Parliament), but also the respective powers of
the Parliament and President.
The Right of the Voters to Recall Representatives in
the Parliament: When, How and Why the Electorate
has the Right to Revoke a Deputy's Mandate
One option in a democracy is the possibility of the
electorate to recall a representative in the Parliament.
Participants considered this an important right of the
electorate and noted the need for specific procedures
related to that.
Number, Composition, and Internal Organization of
the Parliament
Participants emphasized the need for a clear picture of
the number, composition, and structure of the
Parliament. This structure should establish and
foresee public access and additional mechanisms of
democracy.
Publication, Interpretation, and Effectiveness of Laws
Participants stated that this issue has its importance not
only from the procedural point of view, but also for its
substantive impact on public participation. Under this
issue, participants focused on the fact that laws must be
adequately funded, or this will serve as an excuse for
implementation problems. Also, there should not be
"secret" laws and/or regulations.
Defining the Term of the Legislature
In this respect, there were two main discussions: the
effectiveness of using shorter legislative terms and the
cost that it implies.
Technical Parliamentary Commissions
Both ad hoc and permanent Parliamentary
Commissions should be created for specific reasons,
and there should be a clear distinction drawn between
them.
Who Appoints/Elects the President
The participants would like to know more about the
possible options.
Organization and Promulgation of Referenda
The Constitution should specify the groups entitled to
call a referendum on various issues.
Power of the Parliament to Control the Defense
Structures and the Defense Policy
Participants considered it important that the Parliament
should be entitled to control the military structures and
the defense policy of Albania.
Power to Determine National Policies
The participants identified as important the power of
Parliament to determine the national policies.
Contact Information:
ORT Albania Democracy Network Program
Rr. Vaso Pasha # 4
Tirana, Albania
Tel./Fax: 355-42-235-64
E-mail: [email protected]
Project Director: Lisa Davis
ORT International Cooperation
2025 I St., N.W., Suite 320
Washington, D.C. 20006
Tel: (202) 293-2560
Fax: (202) 293-2577
US Director: Celeste Scheib Angus
CEELI Holds First Focused Discussion Group
On 19 January 1998, ABA CEELI held the
first Focused Discussion Group at the
School of Magistrates in Tirana.
Approximately 20 persons attended,
including a cross section of high-level government
officials (e.g., the Minister of Justice and Chief of the
Constitutional Court). The Group discussed several
issues in a two-hour recorded session.
As explained in prior issues, the purpose of the
Focused Discussion Group is to bring together experts,
NGO leaders, and government officials to discuss the
issues identified as important in the NGO Forums.
CEELI is currently compiling the results of this
Focused Discussion Group for presentation to the
Constitutional Commission of the Parliament and
publication in a future edition of this newsletter.
Once all the NGO Forums and Focused Discussion
Groups have been completed, there will be a wealth of
information to introduce and discuss outside of Tirana.
At the Regional Discussion Groups, it is anticipated
that each participant will receive a packet of materials
containing Concept Papers, NGO Forum Results, and
Focused Discussion Results.
Contact Information:
ABA CEELI
Rr. "Ismail Qemali," Nr. 30
Tirana, Albania
Tel/Fax: 355-42-34950
E-mail: [email protected]
Legal Development Specialist: Robert Pulver
E-mail: [email protected]
Liaison: John Kelley
E-mail: [email protected]
Liaison: Kim Meyer
ABA CEELI
740 15th St., N.W., 8th Floor
Washington, D.C. 20005-1009
Tel: (202) 662-1950
Fax: (202) 662-1597
E-mail: [email protected]
Country Director: Lisa Dickieson, Esq.
Http://www.abanet.org/ceeli
Council of Europe-Albanian Center for Human Rights NGO Forum
On 11 February 1998, the Council of Europe
and the Albanian Center for Human Rights
held the third NGO Forum at the Rogner
Hotel. The forum--focusing on human
rights--continued the public participation phase of the
constitution drafting and education process. During
the first half of the forum, distinguished experts, local
and international, gave lectures on human rights.
During the second half, Albanian citizens and citizen
groups discussed the issues raised in the lectures, as
well as others of particular interest to the participants.
The Council of Europe and the Albanian Center for
Human Rights are currently compiling a report on the
forum. Results from this report will be shared with the
Constitutional Commission of the Parliament and the
public in the near future.
Contact Information:
Council of Europe
Directorate of Human Rights
F-67075 Strasbourg Cedex
France
Tel.: 33 3 88 41 23 07
Fax: 33 3 88 41 39 88
E-mail: [email protected]
Project Director: Hugh Chetwynd
Albanian Center for Human Rights
Rr. Kont Urani, Nr. 17
Tirana, Albania
Tel/Fax: 355 42 30630
E-mail: [email protected]
Director: Kozara Kati
Positive Evaluations of NGO Forums
At the CEELI-GTZ NGO Forum on the
Judiciary and the ORT NGO Forum on
Legislative issues, both sponsoring
organizations collected feedback from the
participants. Using evaluation forms, CEELI-GTZ and
ORT collected participant input on the format,
organization, and execution of these initial NGO
Forums. These two sponsors have shared the feedback
with ACCAPP, and a cross section of the major results
are as follows:
Participants suggested some new topics
around which to organize future forums like
the election of representatives, systems of
elections, legislative public initiatives,
referenda, etc.
Regarding the method used, the vast majority
praised the "brainstorming" method,
commenting on the fact that it was for them
a
new, democratic way to generate and collect
ideas. Also, participants expressed
appreciation for the organization, small group
discussion, and the professionalism and
competence of the Albanian and foreign
facilitators.
The success of these forums was also
demonstrated in the answers that participants
gave regarding future forums. Approximately,
80% of participants expressed a desire and
interest to participate in future NGO Forums
on constitutional issues.
Tri-Parliamentary Delegation Visits
On 22-23 January 1998, a European
Parliamentary Delegation, consisting of
parliamentarians from the Council of
Europe, European Union, and the
Organization for Security and Cooperation in Europe
visited Albania. The Delegation met a wide variety of
political leaders in an effort to break the political
impasse, which has hindered efforts to move the
constitution drafting process forward. At the
conclusion of their visit, the Delegation issued a
Declaration which expressed broad based
international opinion on a number of political issues.
Directly thereafter, the United States Government
issued a statement concurring in the text of the
Declaration. All political parties heralded the
Declaration as a positive step forward and a basis upon
which dialogue can begin. This Declaration is
reproduced below in its entirety:
Declaration of the
Tri-Parliamentary Mission
to Albania
A delegation composed of seven senior members of the
Parliamentary Assembly of the OSCE, the
Parliamentary Assembly of the CoE, and the European
Parliament, in Albania on 22 and 23 January 1998:
Met with a broad range of national leaders and
explored ways to overcome the troubling impasse in
the constitution drafting process;
Expressed serious concern about the difficult and
fragile political, socio-economic, and security situation
in Albania;
Reaffirmed the acceptability of the 29 June 1997
elections and the legitimacy of the current Parliament;
Rejected the suggestion of early parliamentary
elections; and
Sought ways to end the disturbing lack of proper
political dialogue, and called upon all parties to seek
compromise and work together in a spirit of national
reconciliation.
On the constitutional process, the delegation:
Underlined the need, as expressed by all political
parties, for a new constitution as the basis for enduring
political stability;
Agreed with political parties that a new constitution
would open the way for other needed legislation and
sustain international support for Albania;
Observed that the Constitutional Commission of
Parliament is a legally valid mechanism for drafting a
new constitution, as also noted by eminent
constitutional scholars;
Urged that all parties put the drafting process back on
track by participating constructively in the work of the
Constitutional Commission;
Acknowledged the willingness of members of the
Constitutional Commission to review its composition
and procedures if needed;
Pointed out that the new constitution should be based
on broad political consensus, and the necessary public
endorsement for the new constitution will be
established through the referendum that will follow the
adoption of a draft by Parliament;
Called on the Union for Democracy to promptly end
their boycott of the Parliament and to participate in
drafting the new constitution; and
Proposed that an international advisory group,
representing European parliamentary institutions, be
established to complement existing consultative groups
working with the Constitutional Commission, such as
the Venice Commission of the Council of Europe, the
Administrative Center for the Coordination of
Assistance and Public Participation (ACCAPP); and
domestic civil society organisations.
The delegation also:
Urged safeguarding of the independence of the
judiciary and the finding of a rapid solution to the
conflict between the Constitutional Court and the
Parliament;
Called for fair implementation of agreements
regarding the public media;
Stressed that the recruitment and appointment of the
civil service, armed forces, and police should be based
upon merit and professional qualification;
Emphasized that democratic standards of
parliamentary procedure be observed, including
respect for the rights of the parliamentary opposition;
and
Proposed that parliamentary practice be monitored by
international observers on a systematic basis.
Concluding its mission, the delegation hereby
expresses its hope and expectation that its visit has
provided the needed impetus for progress towards
political and parliamentary cooperation. The
delegation reconfirms the interest of the
international community in the consolidation of the
democratic state based on the rule of law in
Albania.
The delegation members are:
Leni Fischer (Germany), President of the Council of Europe
Parliamentary Assembly;
Frank Swaelen (Belgium), President Emeritus of the OSCE
Parliamentary Assembly and President of the
Belgian
Senate;
Renzo Imbeni (Italy), European Parliament Vice President;
Tana De Zulueta (Italy), Rapporteur on Economic Affairs of
the OSCE Parliamentary Assembly General Committee;
Doris Pack (Germany), Chairman of the European
Parliament Commission for Relations with Southeast;
Ren=82 van der Linden (Netherlands), Rapporteur of the
Council of Europe Parliamentary Assembly on
Albania;
Jordi Sole Tura (Spain), Rapporteur of the Council of
Europe Parliamentary Assembly on Albania.
Fourth Meeting of the Constitutional Commission
On 26 January 1998, the Constitutional
Commission of the Albanian Parliament met
to discuss a draft of the Commission Rules
of Procedure and other issues. With
approximately 10 of 21 members in attendance, no
substantive decisions were taken. There was optimism
that opposition members of the Union for Democracy
might attend following the Tri-Parliamentary
Declaration. However, they once again declined.
Fifth Meeting of the Constitutional Commission
The Constitutional Commission of the Albanian
Parliament had its fifth meeting on 16
February 1998. The Commission with
fourteen of its members had the following
items on its agenda:
Review of any comments on the Tri-Parliamentary
Declaration;
Review and approval of the draft Commission
Rules of Procedure; and
Review and approval of the Technical Staff
candidates.
There were only minor comments on the Declaration.
Thereafter, the Commission reviewed and approved
the Rules of Procedure and the Technical Staff.
For the first time, a representative from the opposition
Union for Democracy attended. The representative
was from the Party for Democratic Union, which is in
coalition with the Democratic Party in the Union for
Democracy.
Greek Government Sponsors Constitutional Expert
The Greek Government notified ACCAPP that it
will be sponsoring the well-known
constitutional expert, Professor Dimitris Th.
Tsatsos, to contribute to the constitution drafting
process. Professor Tsatsos' made his first visit on 19-
22 February 1998 where he met a wide range of
politicians, NGOs, and government officials.
During Greece's transition from military dictatorship
to democracy, Professor Tsatsos played a significant
role in the formulation of the new Greek Constitution.
Apart from his technical contribution, Professor
Tsatsos was also an active political reformer during the
transition period, and he was arrested and imprisoned
for his protests against the dictatorship.
Professor Tsatsos has a rich scholastic background,
and he has worked with a number of Universities,
including the University of Athens, University of
Thessalonika, University of Heidelberg, and the Max-
Planck Institute. Throughout his career, Professor
Tsatsos has been an active writer, and he has a number
of publications on constitutional issues.
Complementing his scholastic credentials are his
political credentials. Professor Tsatsos has maintained
an active political career in tandem with his scholastic
career. Since 1994, he has been a Member of the
European Parliament.
Results of Albanian Mayors' Conference
As reported in the last issue, on 13-14 January
1998 a meeting of the Albanian Association of
Mayors (AAM) was held. This meeting was
organized and sponsored by the PAPA-
Project, the Dutch Association of Municipalities
(VNG-SLGCP), and the Urban Institute. Twenty-two
participants representing 13 municipalities from
throughout the country were present. Organizers of the
Conference distributed a questionnaire developed in
consultation with ACCAPP. The two questions
addressed to participants through this questionnaire
were:
What are the three most important issues which
have to be covered by the new Constitution
of
Albania with regard to the role of local authorities
in public administration; and
What role could the AAM, as the representative
of
the local authorities, play in the development
of
the Constitution?
In answering the first question, participants noted four
major issues:
Clear Separation of Municipal Government from
Central State Government in all Aspects
Out of the 22 participants, 18 emphasized the need for
clear language in the new Constitution to address this
issue.
Financial Independence from Central Government
Thirteen participants stressed the importance of
financial independence from central government as a
prerequisite for strengthening local authority.
European Charter Ratification
Seven of the participants expressed the opinion that the
ratification of the European Charter is a necessity to
guarantee the local autonomy.
Determination of Which Public Assets Belong to
Central Government and Which Belong to Municipal
Government
Six of the participants expressed a desire to see this
issue clarified in the new Constitution.
In addition to the above issues, participants noted a
number of other issues, some phrased as
recommendations, that could be subject matter for the
new Constitution:
Municipalities Should Have Their Own Police
Municipalities Should Retain the Majority of Tax
Receipts
Pubic Services Should be Under the Authority of Local
Government
National and Regional Development Should be Based
on Mutual Cooperation
In response to the second question, participants made
the following suggestions:
The AAM could play a crucial role in the part of the
Constitution that relates to the local government. It
should have the characteristics of an organ that makes
suggestions and supplies Parliament with amendments
to the legal framework related to common issues.
Draft laws, prior to their completion by central
government, should be passed to the AAM so that they
are notified of developments and allowed to give input
on the pressing needs and concerns of the local
government, which mayors face on an ongoing basis.
At this crucial moment for Albania, the AAM should
not be neglected in any respect.
The representation of the AAM in the Constitutional
Commission of the Parliament is very important for
the part that belongs to local government.
The AAM should play a very important role in
developing the Constitution because they have a clear
understanding of the difficult problems encountered by
government officials regarding the law and budget
issues.
The law on local government should be developed on
the basis of the experience of local government and be
compiled with the AAM before submitting it for
adoption to higher structures.
The opinion of the AAM should be taken into
consideration not only in developing the Constitution
but also when adopting any law or draft. The AAM
could be deemed as a "senate" with 20-25
municipalities participating.
The role of the AAM is to protect the interests of
citizens versus the arbitrariness of central government
or ministries giving practical alternatives for resolving
conflicts.
Being co-operative and insisting that the
aforementioned items are included in the Constitution
with a view to achieving local autonomy.
The AAM organizing several meetings for exchanging
opinions and views amongst Mayors.
Contact Information:
Public Administration Project, USAID
Tirana International Hotel, Sheshi "Skënderbej"
Tirana, Albania
Tel: 355 42 325 24
Fax: 355 42 341 88
E-mail: [email protected]
Counselor for Economic Development: Bart Kennedy
Urban Institute
Ministry of Transport and Public Affaires
Tirana, Albania
Tel./Fax: 355 42 27945
E-mail: [email protected]
Resident Infrastructure Advisor: Steven M. Swanson
Association of Netherlands Municipalities VNG-
SLGCP
Rr. Vilave Gjermane, N.8/b
P.O. Box 1735
Tirana, Albania
Tel: 355 42 288 73
Fax: 355 42 352 35
E-mail: [email protected]
Project Manager: Erik Boven
Society for Democratic Culture Takes Active Role
The Society for Democratic Culture (SDC), an
Albanian NGO focusing on democracy issues,
has undertaken a wide range of activities,
aimed at getting citizens involved in the
constitution drafting process. SDC considers the
drafting of the Constitution a fundamental issue for the
Albanian people. To insure sufficient funding for
needed constitutional activities, SDC developed a
grant proposal, which resulted in a Democracy
Commission Grant from the United States
Government. With this support, SDC currently is
planning a variety of activities, including training
workshops, roundtables, debates, discussions, polls,
and publication of materials explaining constitutional
issues. Below is a summary of some significant
activities completed to date.
Organizing Two National Polls
To examine citizen knowledge and opinions on
constitutional issues, SDC has undertaken to organize
two national polls. The first was completed during
January 1998. The survey questions were drafted in
consultation with ACCAPP, NDI, Venice
Commission, and Albanian specialists in the field. It
was distributed on 17 January 1998, and SDC National
Staff gathered the answers (data) on 24 January 1998.
The survey contained 60 questions on the 5 main
constitutional issues:
Executive Power;
Legislative Power;
Judicial Power;
Local Government; and
Human Rights.
Basic data analysis was completed on 28 January
1998, and the results will be published each month in
conjunction with SDC TV debates. At the first TV
debate, SDC released the results relating to human
rights and freedoms. The answers to the 8 questions
on this issue are as follows:
I. If you include in human rights, the freedom of speech,
freedom of religion, freedom of assembly, education,
requirement of equal treatment, etc. would you say that
human rights are respected in Albania?
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
II. Should Albanians be asked to follow laws and
regulations that have not been published?
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
III. Should all persons accused of a crime be guaranteed a
lawyer?
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
IV. If there is no law granting you the right to do
something, does that mean that it is forbidden?
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
V. Are you in favor of the death penalty?
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
VI. Please circle all of the following crimes that should be
punished by the death penalty: (you may circle more than
one)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
VII. Please circle the things that freedom of speech should
protect:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
VIII. Please circle when you believe freedom of speech
should limited:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The sample of the national poll was defined with the
help of the Albanian Statistics Institute (INSTAT),
which suggested to SDC distribution of the
questionnaire in some specific districts of Albania.
This sample involved the main urban centers and their
nearby villages. SDC considers the sample as the
proper one to meet Albanian demographic demands.
The second poll will be performed by SDC after the
planned activities, and it will be used to evaluate the
increase in the citizens information and knowledge on
the constitutional issues.
Organizing TV Debates
SDC will organize debates on the 5 main constitutional
issues. More than 4,500 citizens will be involved in
discussions on draft constitution. The debates will be
organized in 5 cities of Albania, which have
universities, namely, Elbasan, Shkodër, Vlorë, Korçë
and Tiranë. These debates will be aired on the national
TV, and each of them will be followed by discussions
in SDC district branches. The project completion date
is estimated to be within the next 5 months.
The first TV debate was organized in Elbasan on the
issue of Human Rights and Freedoms. Over 60
citizens participated and 30 of them filled out forms
expressing their opinions on this matter. Some of
those opinions are listed as follows:
The law on the death penalty must be
strengthened;
The press freedom must not be unlimited, and
the
journalist must accept responsibility for
published
news;
The law must express not only rights, but
also
obligations of citizens; and
The human rights chapter must contain not
only
the international aspect, but as well, the
national
aspect.
Contact Information:
Society for Democratic Culture
Rruga "Hamdi Shijaku"
Pall. 6, Shk. 1, Ap. 3
Tirana, Albania
Tel: 355 42 27674
Fax: 355 42 30350
Director: Miranda Gaçe
Vice Director: Petrit Harizaj
An NGO representing the interests of the Roma
ethnic minority, Rromani Baxt, approached
ACCAPP concerning this minority in the
context of the constitution drafting process.
After discussions, Rromani Baxt shared with ACCAPP
its proposal for incorporating their minority in the
constitutional and legislative drafting process. This
proposal is reproduced in its entirety below:
A Concept About the Roma Minority
Based on Finnish Law
Roma people as citizens, settled centuries ago in
Albania, and this branch of people of Indian origin
spread in the whole of Europe and beyond (see U.N.
Doc. Ref.No. E/CN.4sub2/L.670, dt.26/08/1977). In
conformity with legislation, they enjoy autonomy on
issues related with language, culture, spiritual values
and lifestyle to such an extent as their interests do not
explicitly and openly contravene that of the State.
Among others, they enjoy the right to protect, raise
and develop their language and culture under their
administration and with the counseling and financial
support of the State. This can be done through the
public and/or private educational system (elementary
school, high school, university, long-distance and
preschool studies, with Roma language as the mother
tongue or as the second language) and through
publications and other means of communication.
Following the practice of European Institutions, in the
texts of political, social, public or scientific nature,
whether written or oral, Roma people will be
addressed only in their traditional name as ROMA and
not by any other name (as for example: arxhi, kurbat,
gabel, magjup, cigan, endacak, nomad etc.)
With the signing of the European Charter on Regional
or Minority Languages, the Government will notify the
Council of Europe that it will apply this Charter for the
Roma language and other non-regional languages
which might exist in Albania.
The determination of the Roma identity is made only
and completely with the decision of the individual.
This should be done in a free manner because it is a
decision which belongs to his/her conscience and will.
Roma identity should never be considered a negative
element. On the contrary, it should be considered a
human value and should be proudly treated by the
individual and with respect from others. Roma culture,
language and their help during the history of Albania
should be recognized as a component part of the
spiritual and material resource of our country.
The improvement of Roma people's conditions and
those of any other part of the population is a necessary
factor in the improvement of the welfare of all citizens
and the country's social stability in general.
After the approval of the constitutional law, Roma
people will be heard from in the Parliament on issues
related to them. The hearings will be carried out in
conformity with the procedure set out in the
Parliamentary Rules, by a group of representatives
among which:
A part will be selected directly from among
Roma
people;
A part will be nominated as agreed among Roma
associations and institutions in the country;
The other part will consist of specialists
of this
field and in cooperation with Roma institutions
and international organizations which deal
with the
Roma issue and which Albania has become a
member.
The representation of Roma people in respective state
institutions will be regulated by specific dispositions in
their regulations.
Submitted by Pëllumb Furtuna & Xheladin Taço
Source: Mr. Rauno Viemerö, OSCE, 29.09.1995
Roma Association "Rromani Baxt"
Tirana, Albania
Phone: 355 42 683 24
Fax:: 355 42 651 97
To ensure coordination of future constitutional
activities, ACCAPP requests that all interested
persons submit details of any planned
activities. ACCAPP asks that all sponsors
submit their name, organizational affiliation, address,
telephone and fax number, and e-mail address along
with information on upcoming activities.
27 February - 8 March - Constitutional
Commission Training in Washington, D.C.
CEELI-USAID with technical assistance from
GTZ, OSCE, and the Greek Government
6-8 March -Venice Commission Meeting
Council of Europe
12 March - Executive Power NGO Forum
ACCAPP/QAKAPP
17 or 18 March - Public Debate in Vlora
Society for Democratic Culture
April - Major Powers Workshop
CEELI
April - Public Debate in Korça
Society for
Democratic Culture
-----------------------------------------------------------------------
Administrative Center for Coordination of Assistance and Public
Participation
ACCAPP is an independent entity, formed at the request of the Government
of
Albania and sponsored by the Organization for Security and Cooperation
in
Europe. Its mission is to coordinate assistance and public participation
in
the drafting of a constitution for the Republic of Albania.
Staff:
Ardita Abdiu, Coordinator
Erinda Ballanca, Coordinator
Scott Carlson, Coordinator and OSCE Project Manager
Shkelzen Zeneli, OSCE Project Officer
Elda Gorenca, OSCE Project Officer
Contact Information:
accapp/qakapp
OSCE Presence
Rr. "Donika Kastrioti" Vila 6
Tirane, Albania
355-42-40672 (v)
355-42-40673 (f)