- In
This Issue:
ACCAPP
NGO Executive Forum
Sixth
Meeting of the Constitutional Commission
Seventh
Meeting of the Constitutional Commission
Eighth
Meeting of the Constitutional Commission
Ninth
Meeting of the Constitutional Commission
USAID
Supports Constitutional Training
Law
School Contest
ORT
Focused Discussion Groups
Vatican
Suggests Language
Opposition
Groups Announce Issues of Concern
Article
19 & Albanian Human Rights Group Submit Proposal
Upcoming
Events
_________________________________________________
accapp/qakapp OSCE Presence Rr.
"Donika Kastrioti" Vila 6
Tiranë, Albania
355-42-40672 (v) 355-42-40673 (f)
[email protected]
ACCAPP NGO Executive Forum
On 12 March 1998, the ACCAPP hosted the
fourth NGO Forum on the Constitution. The
forum--focusing on executive 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 executive power that they
feel should be addressed in Albania's new
Constitution.
More than forty NGO representatives participated in
the forum. The forum started with short presentations
from local Albanian experts, Teodor Sollaku and Gent
Ibrahimi. These experts provided background on the
issues to be discussed. Thereafter, the forum
proceeded to 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. While many
participants expressed views as to the potential
resolution of some of these issues, the purpose of this
forum was to raise issues, not to resolve them.
Election of President
Many participants selected this issue as an important
issue. During the discussion, details and concerns
were raised: the manner of voting for the President;
the procedure for dismissal; electoral body;
membership in a political party; and the relations with
the political parties in general. Many were of the
opinion that from the moment of his/her election as
President, a person should halt all functions in a
political party and become neutral from political
parties.
Functions and Competencies of President
All participants discussed this issue at the Forum.
They discussed issues such as: incompatibility of the
President's office with other functions; removal of a
president; his/her relations with other powers; the
executive competencies of President--in the
nomination of the high ranking army officers,
competencies over the armed forces, relation between
the competencies of the President with those of the
Prime Minister, veto power, etc. One of the most
important issues according to the participants was the
determination of states of emergency and the
competencies of the President. Participants discussed
extensively on the role and the competencies of
President regarding issues of national security and the
secret service.
Selection of a System of Government
Selection from among, Parliamentary, Semi-Parliamentary, Presidential
or Monarchial systems was
considered. Some suggested that such issue should be
an issue for the constitutional referendum.
Executive Role During Time of Government Crisis:
Mechanisms for Peaceful Transition
Participants identified as important the determination
of the procedures to be followed in cases of
government crises. Constitutional provisions should
help achieve a peaceful shift of power by avoiding
conflicts which can damage the state and the wealth of
the society in general.
Executive Exercise of Legislative Power
On this issue, participants expressed that the Cabinet
should have the right to legislate, but only for those
cases where the Parliament is not able to do such thing
and there is a necessity under the given circumstances.
Structure, Function, Role and Competencies of the
Council of Ministers
Many participants discussed the issue as one of the
most important for the Executive power. Within this
context, they discussed the composition of the Council
of Ministers and political criteria for the nomination of
its members and the state administration generally.
Furthermore, they mentioned the need for a review of
the relations the Cabinet should have with the general
public and NGOs specifically. The relation between
confidentiality within the Cabinet with the public
interest, was another important issue participants
suggested should be addressed in the constitution.
Some participants discussed even the need for a set
structure of the Cabinet in the constitutional
dispositions.
Election and Competencies of the Office of Prime
Minister
Participants, were concerned on the manner and the
procedure for electing the Prime Minister.
Furthermore, they discussed the relation that the
competencies of this official should have with those of
the President of the country. Some participants
emphasized that these competencies specifically
should be regulated in emergency cases.
Relationship of Central Government and Local Power
Participants raised different points regarding this issue
but agreed upon the need to strengthen local power.
Specifically, participants asserted that local authorities
should have the power to tax.
Relationships Between Political Officials and Civil
Servants
Regarding this issue, participants raised their concern
about the need to improve existing legislation aimed at
the clarification of this relationship. Albanian civil
servants--emphasized most of the participants--must
be protected in the performance of their duties. A
clearer definition of the responsibilities of the
ministers and civil servants is a necessity. On this
issue participants discussed about political affiliation
and membership in the Cabinet. They also raised the
question of what professional qualification criteria
should apply and what type of immunity should or
should not apply for acts taken.
Sixth Meeting of the Constitutional Commission
On 25 February 1998, the Constitutional
Commission of the Albanian Parliament
held its sixth meeting. The meeting had the
following items on the agenda:
To discuss the draft of a list of main
constitutional issues prepared by the Technical
Staff. (These issues will be subject
to a
special voting process based on the
Internal
Regulation of the Constitutional
Commission.);
To review and approve new Technical
Staff
members; and
To set up a calendar and plan for the TV and
tape recording of Commission meetings.
In addition, the Commission heard from:
Prof. Dr. Jur. George Brunner of the Law
Institute at the University of K”ln on
constitutional issues and process. Also,
Mr.
Brunner offered his expertise and assistance
to
Parliamentarians on the constitutional drafting
process during his stay in Albania;
ORT Democracy Network on the results and
issues which were raised at the second NGO
Forum, dealing with legislative issues.
This
report was presented by Program
Representative Juli Hoxha;
ABA CEELI Liaison John Kelley on the
USAID constitutional training program
scheduled in Washington, D.C.
In addition to the normal Commission Members,
Speaker of Parliament, Skender Gjinushi, attended.
Seventh Meeting of the Constitutional Commission
On 27 February 1998, the Constitutional
Commission met to discuss the list of
Fundamental Issues for the Draft
Constitution. Technical Staff members presented each
of the issues by explaining them to the commission
members. The list of issues was adopted with minor
changes. At the conclusion of the meeting Co-Chairmen Sabri Godo
and Arben Imami requested that
the Technical Staff prepare a Preamble and an initial
chapter dealing with basic issues such as the national
symbol.
Eighth Meeting of the Constitutional Commission
On 13 March 1998, the Constitutional
Commission opened their meeting with a
discussion of the participation of opposition
party members. Co-Chairman Godo moved that
substantive business be postponed to give time for the
opposition members, who returned to Parliament on
March 12th, to formally appoint Commission
representatives. After discussion and debate, this
motion was agreed to. Thereafter, a short presentation
was given by an ABA CEELI representative,
describing the USAID training. Representatives of the
major religious communities were present as
observers.
Ninth Meeting of the Constitutional Commission
On 18 March 1998, the Constitutional
Commission of the Albanian Parliament
held its ninth meeting. This meeting had
the following agenda:
Review and discussions on the draft of the
Preamble and Chapter I, presented by the
Technical Staff;
Distribution of a draft of Chapter II on Human
Rights, presented by the Technical Staff ;
Distribution of a proposal for an article
on
freedom of speech drafted by Article
19 and
the Albanian Human Rights Group.
Again, representatives of the major religious
communities were present. Responding to the
presence of an Orthodox representative, Balli
Kombetar Commission Member, Hysen Selfo,
declined to enter the meeting and participate in the
Commission meeting.
USAID Supports Constitutional Training
The week of 1-7 of March, four members of
the Constitutional Commission of the
Parliament and two supporting legal scholars
attended an intensive training session in Washington,
D.C., sponsored by the United States Agency for
International Development (USAID). The Albanian
participants were:
Fehmi Abdiu, Member of Parliament (Socialist Party);
Member of the Constitutional Commission, Chair of
Legal Commission of the Parliament.
Zamira Çaka, Member of Parliament (Socialist Party);
Member of the Constitutional Commission.
Petrit Kalakula, Member of Parliament (Right
Democratic Party); Member of the Constitutional
Commission.
Vladimir Metani, Member of Parliament (Socialist
Party); Member of the Constitutional Commission;
Member of the Commission for Constitutional Issues
and Local Government.
Ilirjan Rusmali, Constitutional Law Scholar; former
Professor of Constitutional Law; Legal Advisor to Ex-President
Sali Berisha.
Teodor Sollaku, Constitutional Commission Technical
Staff; Legal Advisor to Presidents Rexhep Meidani and
Sali Berisha.
The training was designed and executed by the
American Bar Association Central and East European
Law Initiative (ABA CEELI) and World Learning with
the assistance of ACCAPP, the OSCE Office of
Democratic Institutions and Human Rights (ODIHR),
the Center of European Constitutional Law, and GTZ.
The training consisted of a series of moderated
roundtable discussions focusing on the following basic
topics:
Executive Power;
Legislative Power;
Judicial Power;
Local Government;
Human Rights;
Amending the Constitution; and
Legislative Drafting Principles.
With each topic, a member of the Albanian Delegation
opened the session with a brief description of problems
and challenges facing Albania on that topic.
Following this description a foreign expert was asked
to give a general response to the concerns. Thereafter,
other foreign experts were asked to elaborate and
comment on all the aforesaid. Members of the
Albanian delegation were free to intervene and seek
clarification on all points.
The foreign experts represented a wide range of
nations, including Germany, Greece, Italy, Poland, the
United States. With this multinational gathering, the
Albanian Delegation was able to participate in a
detailed discussion of similarities and contrasts in the
legal systems and structures employed in today's
democracies.
At the close of the program, participants were asked to
evaluate the program, and the overall assessment was
extremely positive. Participants expressed a desire to
continue this type of intellectual dialogue on additional
issues as they arise in the drafting of the constitution.
Contact Information:
ABA CEELI
Rr. "Ismail Qemali," Nr. 30
Tirana, Albania
Tel/Fax: 355-42-34950
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
World Learning--Transit Europe
USAID Participant Training Program
Rr. "Ali Demi," #24, 2nd Floor
Tirana, Albania
Tel: 355-42-40305
E-mail: [email protected]
Country Director: Matty Thimm
At the close of the NGO Forum on Executive
Issues, ACCAPP announced the winners of
the University of Tirana Law School Concept
Paper Contest. The prizes were sponsored by the
United States Information Service (USIS). The
winners, their paper topics, and their prizes are as
follows:
Dritan Mishto, The Role of the General
Prosecutor with Regard to the Judiciary--
prize, Black's Law Dictionary;
Ditmir Bushati, Constitutional Review of
Laws--prize, an American Heritage
Dictionary;
All participants were recognized for their
hard
work with copies of the Federalist Papers.
In a noble gesture, Mr. Mishto immediately
volunteered to share his prize with all University of
Tirana Law Students, offering to make it available at
the Law School Library.
On 19-20 March 1998, the ORT Democracy
Network Program held a series of Focused
Discussion Groups in cooperation with the
local NGOs, the Center for Economic and Social
Studies and the Foundation for Juridical Culture, and
the University of Tirana Law Faculty. ACCAPP
provided additional organizational and material
support.
The Focused Discussion Groups were structured
around the issues identified at the ORT NGO Forum on
Legislative Power. This list of issues was divided into
two groups, half of which were discussed on the 19th of
March and the other half on the 20th. Seven
representatives from different NGOs presented the
issues to all participants, commenting on each issue
from their perspective as NGO representatives. In
many cases, they directed specific questions to the
experts and the lawyers who attended. Each group
discussion had approximately twenty-five participants,
including economists, lawyers, law professors,
university rectors from throughout Albania, and
members of the Technical Staff of the Constitutional
Commission.
The Focused Discussion Groups were moderated by
two lawyers, provoking interesting dialogue and
leading the discussions. With each topic, they
summarized the suggestions, taking into account all
sides of the arguments expressed by different
participants. Each session was recorded with a tape
recorder and rapporteur. In the near future, ORT will
summarize the results and produce a report detailing
the points and suggestions which arose in this public
discussion.
Contact Information:
ORT Albania Democracy Network Program
Tirana, Albania
Tel./Fax: 355-42-
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
At the 27 February meeting of Constitutional
Commission, the Co-chairman Sabri Godo
read aloud a submission from the Holy See.
This submission provided suggested language for a
provision on freedom of religion. The suggested
language is provided in it entirety below:
Freedom of Religion and Conscience
i) All religious communities are equal before the law
and separate from the state. Those involved respect
these principles in reciprocal agreement and in
cooperation to improve their common society.
ii) The Republic of Albania unequivocally declares its
will to respect and guarantee the fundamental right of
freedom of religion and conscience, as foreseen in
international agreements which it has signed.
Opposition Groups Announce Issues of Concern
Referring to the Tri-Parliamentary Declaration,
the Parliamentary Group of the Democratic
Party and the Parliamentary Group of the
Right of Center issued a formal list of concerns on the
17th of March. This list presented issues that these
groups felt should be addressed in conjunction with
their full participation in the Constitutional
Commission of the Parliament. The list stated the
following requests:
1) To discuss the composition of the
Constitutional Commission, allowing the two
groups, which concretely have 30 deputies
and
around 32% of the votes proportionally, the
right to act as a blocking minority, a thing
which would help consensual decisions;
2) The Co-chairman of the Commission
representing the opposition, to be elected
by
the opposition parties;
3) The leadership of the Commission to not
have a member of the government cabinet.
Article 19 & Albanian Human Rights Group Submit Proposal
At the 26 March meeting of the Constitutional,
ACCAPP transmitted a proposal from Article
19 and the Albanian Human Rights Group.
These two organizations met with ACCAPP and
discussed their views and shared draft language for an
article on freedom of expression and information.
Their proposal is reproduced in its entirety below:
Freedom of Expression and Information
i) Everyone shall have the right to freedom of
expression and information. This right shall include
the freedom to hold opinions and to seek, receive, and
impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in
broadcast media, in the form of art, or through any
media of his or her choice without interference by
public authority.
ii) This article shall not prevent States from requiring
the licensing of broadcasting enterprises because of
technical limitations and based on non-discriminatory
criteria. Printed media shall not be licensed.
iii) There shall be no prior censorship.
iv) The exercise of these freedoms may be subject only
to such formalities, conditions, restrictions or penalties
as are described by law and are necessary in a
democratic society
(a) for respect for the rights and reputations of others;
(b) for protection of national security, or of public
order, or of public health or morals.
v) there shall be a right of access to government-held
information for all citizens subject only to the
restrictions set forth in paragraph (iv).
Contact Information:
Article 19
International Centre Against Censorship
Lancaster House
33 Islington High St.
London N1 9LH
United Kingdom
Tel.: 44 171 278 9292
Fax: 44 171 713 1356
E-mail: [email protected]
Project Director: Helen Darbishire
Albanian Human Rights Group
Rr. "Myslym Shyri", Pall. 44, Shk.4, Ap.37
Tirana, Albania
Tel/Fax: 355 42 250 60
Mobile: +382023950
E-mail: [email protected]
Director: Elsa Ballauri
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.
3 April - Focused Discussion Group
CEELI & GTZ
9-10 April - Focused Discussion Groups
ACCAPP/QAKAPP
April - Public Debate in Korça
Society for
Democratic Culture
13- 15 May - Major Powers Workshop
CEELI & GTZ (Note the new date.)
April - June - Regional Discussion Groups
Various Donors (Planning in progress)
----------------------
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)