Report on the situation in Albania
Doc. 7892
22 September 1997
Rapporteur : Mr. René van der Linden, Netherlands, Group of the European People's Party
Table of contents
II. Explanatory memorandum by the Rapporteur
I. THE INSTITUTIONS
II. THE POLITICAL SITUATION
III. INTERNATIONAL INVOLVEMENT
Departure of the multinational force on 12 August 1997
Programme of the visit to Albania of Mr. van der Linden and Mr. Sole Tura Rapporteurs of the Political Affairs and Monitoring Committees of the Council of Europe Parliamentary Assembly
Council of Europe Co-operation Projects
2.1. Law, Justice and Law Enforcement
2.2 Media
2.3 Local Government and Administration
2.4 Education
2.5 Cultural Heritage
2.6 Constitution
2.7 Human Rights Protection
2.8 Fight against organised crime
2.9 Working methods and information
International Conference on Albania (Rome, 31 July 1997)
The political situation in Albania remains confrontational.
International assistance can only be continued, and be effective, if government and opposition work together in a spirit of reconciliation.
A new constitution must be based on a wide political consensus.
The government should ensure proper security throughout the country, the normal functioning of elected local and regional authorities, and full freedom of the media. Recruitment to public services should be based on merit. New legislation should be in conformity with the Council of Europe's standards and principles.
The opposition should fully participate in the work of the new parliament.
The Assembly stands ready to provide further assistance, notably in developing political consensus.
1. The Assembly notes the Final Report by the OSCE Special Co-ordinator Catherine Lalumière, the Head of the Council of Europe Parliamentary Delegation Lord Russell-Johnston and the President of the OSCE Parliamentary Assembly, Mr Javier Ruperez, declaring the parliamentary elections in Albania acceptable, given the prevailing circumstances.
2. The combined effort and close co-operation between the OSCE, the Council of Europe and the European Union generated the necessary political pressure on the Albanian political forces to hold the elections. It is indispensable that this co-operation continues also after the elections. The international response to the situation in Albania provided a useful lesson for dealing with similar crises in the future.
3. The large number of weapons still illegally in private hands and the precarious economic and social conditions constitute a permanent threat to the stability of the country. This situation continues to encourage illegal emigration to neighbouring countries and complicates the return of those who left the country during the crisis.
4. The Assembly strongly condemns the recent shooting incident in the Albanian Parliament. It demonstrates that the political situation remains highly confrontational. The Assembly therefore urges government and opposition to work together in a spirit of national reconciliation. Only thus can assistance by the international community be continued and be effective.
5. The necessary new constitution will only contribute to political and institutional stability if based on a wide political consensus, both on substance and on procedure, between the main political forces. Public information and debate are equally essential. The preparatory parliamentary work thus requires genuine political dialogue. While the government should not impose deadlines, the Democratic Party should make a constructive contribution.
6. The Albanian government should make further progress towards the fulfilling of commitments and obligations towards the Council of Europe. In particular, it should ensure:
a. proper security throughout the country, notably by reorganising the police and the armed forces, recovering illegally held weapons, and breaking up criminal gangs;
b. the normal functioning of regularly elected local and regional authorities;
c. full freedom of the media, including unimpeded distribution of the press throughout the country, non-discriminatory public advertising and promotion of pluralism of the press also through preferential tax rates;
d. that recruitment and appointments to the civil service, police and armed forces are based on merit, assessed on the basis of objective and transparent criteria;
e. the compatibility of new legislation, including laws recently adopted, such as on the High Council of Justice, with the standards and principles of the Council of Europe, by seeking and implementing the opinion of the Committee for Democracy through Law (the Venice Commission) or other Council of Europe experts as appropriate.
7. The Democratic Party should participate fully and constructively in the work of the Parliament, also by taking up the official positions it was accorded.
8. The Assembly welcomes the conclusions of the International Conference on Albania (Rome 31 July 1997) and the priorities identified by the Conference for further action of the international community. These include a number of areas in which the Council of Europe has a considerable expertise and experience and in which a long-standing co-operation with Albania already exists. This concerted international action should continue in a pragmatic and flexible way, based on complementarity and most effective use of existing assistance programmes and activities. It is therefore essential that the Council of Europe be represented at the highest level at the Ministerial Conference scheduled to take place in Rome this autumn.
9. The Assembly welcomes the Secretary General's priority programme of action for co-operation with Albania, such as the setting-up of a School of Magistrates, expert assistance with legislation, police and prison staff training and support for civil society in the human rights field. It encourages the setting-up of a new joint assistance programme with the European Commission.
10. The Assembly resolves to continue closely to monitor the situation in Albania, as requested by both government and opposition, and to pursue political dialogue with Albanian political forces, in particular with the new Albanian parliamentary delegation to the Assembly.
11. It reiterates its readiness to provide assistance to the Albanian Parliament in the framework of the inter-parliamentary co-operation programme. In particular, the Assembly is well placed to make a specific, political, contribution towards constitutional consensus-building.
II. Explanatory memorandum by the Rapporteur
1. Parliamentary elections took place in Albania on 26 June and 6 July 1997 in an attempt to end the political crisis, which started in January 1997 with riots caused by the collapse of pyramid saving schemes. On 10 August 1997, the vote was re-run in two northern regions, where results had to be invalidated because of irregularities. The Final Report by the OSCE Special Co-ordinator Catherine Lalumière, the Head of the Council of Europe Parliamentary Delegation Lord Russell-Johnston and the President of the OSCE Parliamentary Assembly, Mr Javier Ruperez, declares the parliamentary elections in Albania acceptable, given the prevailing circumstances.
2. A report by Mr Takis Hadjidemetriou, Rapporteur of the ad hoc Committee on the Observation of Parliamentary Elections in Albania, was presented to the Bureau on 2 September 1997.
3. The Rapporteur visited Albania from 11-12 September 1997, together with Mr. Sole Tura, Rapporteur of the Monitoring Committee. The Rapporteur would like to thank the Albanian authorities, the European Community's Monitor Mission (ECMM), the representative of the OCSE and the ambassadors of Council of Europe member and observer States for their kind co-operation. (The programme is set out in Annex 1.)
I. THE INSTITUTIONS
4. The final election results gave the Socialist Party 102 seats and their coalition allies a further 17 seats in the 155-seat parliament. The opposition Democratic Party has 27 deputies, including Mr Berisha. The Socialist Party has a vice-Speaker and chairs 6 of the 13 Committees, including the legal, economic and public order committees. The Democratic Party also has a vice-Speaker and chairs the defence, industry and science committees. However, it has so far declined to take up these posts since it considers that the positions accorded do not respect the pre-electoral agreement with the Socialist Party. The leader of the Republican Party (opposition), Mr. Sabri Godo, chairs the Foreign Affairs committee.
5. On 24 July, Parliament voted unanimously to lift the state of emergency imposed on 2 March. It also elected Social Democratic party leader, Mr. Skender Gjinushi, whose party is the Socialist' main coalition ally, as Speaker of the Parliament.
6. President Berisha resigned on 23 July 1997. His party formed a centre-right opposition alliance called the Union for Democracy with four smaller parties.
7. On 24 July, after lifting the state of emergency, the Parliament elected Mr Rexhep Meidani by secret ballot as the new President of the Republic of Albania. 122 deputies attended the voting of which 110 voted in favour of Mr Meidani, proposed by the Socialist Party, 3 were against, 2 abstained and 7 ballots were considered invalid by the voting commission. The parliamentarians from the Democratic Party were not present in the Parliament during the vote, firm on their position not to participate in the first parliamentary sessions.
8. Mr Meidani served shortly as a rank-and-file Socialist before becoming the party's secretary-general last September. He resigned from all his party positions, excluding himself even from the party membership, saying he wanted to strengthen his integrating role above party politics. His post as member of the presidency of the party was taken by Mr Fino.
9. He pledged to work for the rebuilding of the state institutions, integration of Albania in European structures and to cooperate with European countries, the United States and international organisations. He also pledged to work for the creation of the state of law and called on all Albanian emigrants to return and contribute to the reconstruction of Albania.
10. The Socialist party is in favour of constitutional changes to limit the powers of the Office of the President to a widely honorific post. The Prime Minister is expected to hold the main executive powers.
11. President Meidani asked Socialist Party chairman Fatos Nano to form a cabinet. The latter was appointed Prime Minister on 25 July 1997. During the communist era, Mr Nano held posts of secretary-general of the Cabinet of the Prime Minister and Deputy Prime Minister. After the first multi-party elections in 1991 which were won by the Socialist party, he became Prime Minister. He was later imprisoned on allegedly politically motivated corruption charges. He was pardoned by President Berisha in March 1997 at the height of the revolt.
12. On 28 July, Mr Fatos Nano took the oath of office before the new President. He distanced himself and his party from the Stalinist regime of Enver Hoxha. The new 21-member cabinet is made up of 13 ministers from the Socialist Party, three from the democratic Alliance, two from the Socialist Democratic Party, one from the Agrarian Party, one from the Human Rights Union Party and one independent. Outgoing interim Prime Minister Bashkim Fino became Deputy Prime Minister.
13. President Meidani signed the decree on the composition of the Socialist-led five party coalition government. On 29 July, Parliament passed a vote of confidence in the Government.
14. More than 2,000 people were killed in Albania since March 1997. Interior Minister Ceka told the Rapporteurs that the entire territory was now under Government control and the all the roads had been cleared. Most armed gangs had been dissolved and its members were either arrested or in hiding. Border crossings were also under Government control.
15. The Minister expressed the clear wish for the WEU's mandate (for police training) to be extended and prolonged. Representatives of the international community stressed that low salaries continued to be a major cause for corruption within the police. The Minister also asked for Council of Europe advice on the restructuring of the Ministry of the Interior, which was still a military institution.
16. While the European Community's Monitor Mission (ECMM) confirmed that the territory and roads had been brought under Government control, they considered the borders still to be unsafe. In particular, ECMM reported criminal gangs to be operating against returning migrant workers. ECMM, which deploys 24 monitors throughout the country, also estimated that over a million weapons were still at large and that it would take a very long time before they could be recovered by the authorities. Although there had been incidents at the Serbian and Macedonian borders, ECMM said it had no indication that weapons were being massively transferred to either Kosovo or the former Yugoslav Republic of Macedonia for political purposes.
17. Violent incidents continue to be reported, clearly underlining the need, which was also stressed by representatives of some of the smaller political parties the Rapporteurs met in Tirana, of disarming the population as rapidly as possible. The Democratic Party, in this context, has warned against politicising the issue.
18. The Democratic Party has complained about violence and legal action taken against regularly elected mayors and local councillors, in particular in Lushruje, Saranda and Gramsh. The Government considered that the incidents resulted from private feuds. The Congress of Local and Regional Authorities (CLRAE) should be asked to investigate these allegations.
19. The Democratic Party has accused the Government of denying it access to State television. To underline the protest, on 19 August 1997, Mr. Pjetr Arbnori, member of Parliament and former Speaker, started a hunger strike. The President of the Assembly expressed her concern to the Speaker of Parliament, Mr. Gjinushi.
20. Following an intervention by President Meidani an agreement was reached on an amendment to the law on the media under which the air time devoted to each political party would be based on the number of votes won during the elections. Consequently, Mr. Arbnori announced that he would end his 20-day hunger strike (see Annex 3).
21. The Rapporteurs visited the former Speaker of the Parliament and long-term political prisoner under the communist regime, Mr. Arbnori in hospital. Although still obviously physically weak, he appeared in high spirits and was looking forward to his return to political life. He reiterated his thanks for the widespread international support he had received.
22. Representatives of the League of Journalists, as well as the Democratic Party, complained about the impossibility of distributing certain newspapers in the South of the country. Moreover, they reported the killing of a colleague and the physical intimidation of others. A further complaint was the increase in value added tax rates (VAT) from 12% to 22% with effect from 1 October 1997, which, it was feared, would put several newspapers out of business. In this context, they also complained that they had no more revenue from public advertising, as the Government only advertised in newspapers supporting its policy.
23. The Government admitted that there had been problems with the distribution of certain newspapers to the South in the past. However, it was claimed that the situation had now been resolved. According to the Government, people in the South no longer wished to buy newspapers which had supported the previous government. This matter obviously requires further investigation by the Assembly. As regards the increase in VAT, the Government stated that this had been requested by the IMF.
24. It would appear essential that the free circulation of newspapers be effectively guaranteed by the Government. Moreover, to promote political pluralism, special, lower tax rates for the press, which also exists in other Council of Europe member States, should be introduced.
25. The recent shooting, in the Albanian parliament, of a leading member of the Democratic Party, Mr. Azem Hajdari, by a member of the Socialist Party, Mr. Gafur Mazreku, is to be strongly condemned. It demonstrates that the political climate in Albania remains highly confrontational. It has been described by representatives of the international community as still in the post-election phase. On 14 August 1997 the Parliament decided to begin work on a new constitution. The Democratic Party opposed this decision since it considers that the present Parliament, given the particular circumstances of its election, is not qualified to adopt such a constitution. Meanwhile, a parliamentary commission for the drafting of the constitution, composed of 21 members, was set up with Mr. Sabri Godo (Republican Party - opposition) and Mr. Arben Imami (Democratic Alliance Party) as co-chairmen. It has been announced that a referendum on the constitution is to be held on 8 March 1998.
26. Although it participates in the work of the parliament as such and has pledged to act as a constructive and loyal opposition, the Democratic Party continues to refuse to take part in the work of this parliamentary committee. It agrees that the new constitution is necessary but considers this should be done through a round-table of all parliamentary parties. It further considers that the conditions are not appropriate for a popular referendum.
27. Several representatives of the international community also expressed their concern about preparing a constitution within a very short period and without the necessary broad political consensus. It was felt that a thorough public discussion, to be preceded by information and education, was necessary before a meaningful referendum could be held.
28. The Rapporteur would share this opinion. A new constitution will only contribute to political and institutional stability, if based on broad political consensus, both as regards substance and procedure. Public awareness-raising and discussion are equally indispensable. The Government therefore should not set a deadline for the preparation of a draft constitution by Parliament. On the other hand, the opposition should constructively participate in the preparatory work on such a constitution.
29. The Government's decision to seek the advice of the Commission for Democracy through Law (Venice Commission) is to be welcomed.
30. The Government has defined reform of the judicial system and strengthening of the rule of law as policy priorities.
31. A controversy has arisen around the amendments by Parliament on 27 August of the constitutional law on the High Council of Justice. The amendments which modify the mode of appointment of members of the High Judicial Council, were severely criticised by the Presidents of the Court of Cassation and of the Constitutional Court as well as by the Democratic Party. The Government contended that the amendments constitute an improvement and go in the direction earlier suggested by Council of Europe experts. However, it is to be noted that the adopted law as such was not submitted for advice to the Venice Commission or other Council of Europe experts.
32. In view of the importance of an independent judiciary it is essential that the amended law on the High Council of Justice be submitted to the Venice Commission for opinion.
33. In addition it should be stressed that an independent judiciary, together with strict respect for the rule of law, is essential if foreign investment is to be attracted.
34. The Democratic Party has accused the Government of carrying out purges, both in the civil service and in the police and armed forces. Details and comparisons were submitted to the Rapporteurs.
35. The Government pointed out that when it took office, there was no political pluralism in any public service. The Government claims that recruitment and appointments take place on the base of expertise and merit.
36. In the absence of a precise and detailed investigation into the situation - to be carried out by the Assembly - a fair assessment is impossible. However, it would appear essential that appointments and recruitments be based on merit, according to objective and transparent criteria.
37. The Government has to halt a further erosion of the gross domestic product as well as soaring inflation, expected to reach up to 50% by the end of 1997.
38. On 30 July, Parliament passed a draft law to regulate the remaining high-yield investments schemes and prevent a re-occurrence of the pyramid scheme scandal. The bill, proposed in co-operation with experts from the World Bank and the International Monetary Fund (IMF), authorized the Government to appoint foreign or local firms to administer the high-interest schemes. The law was approved ahead of an international donors' conference to be held in Brussels. However, the draft law does not concern the collapsed schemes.
39. The Socialist Party secretary-general, Mr Majko, has called for a round table on usuries and a chief inspector of usuries has been appointed.
40. On 5 September, the World Bank announced it was prepared to give Albania a loan of roughly 20 million US dollars which would be used in 1998 for social assistance and unemployment programs, repair of schools, medical centres, roads, water system and sanitation. This Albania Rehabilitation Credit (ARC) should supplement a recovery program being prepared by the IMF.
41. The IMF has agreed, in principle, to a 3-year emergency assistance program of around 13 million dollars. But it has imposed several conditions on the government, including reducing the budget deficit, closing down all the pyramid schemes and reforming the banking sector. The assistance will be considered by the IMF board in late October.
42. The Albanian Government has pledged to undertake measures to control the budget deficit, currently 300 million dollars,and inflation.
III. INTERNATIONAL INVOLVEMENT
Departure of the multinational force on 12 August 1997
43. The 7,000-strong multinational security force deployed in April and led by Italy to help restore order and secure safe elections completed its withdrawal on 12 August.
44. Greek and Italian forces have been deployed in a new mission to help Albanian police restore order. They will help to protect main ports, international airports and border crossing points.
45. Albania and Italy signed an agreement on military cooperation on 28 August aimed at rebuilding military and police forces. Some 300 Italian military, based in Tirana and in Durres, will be involved in the programme in Albania. Some Albanian military personnel will be trained in Italy.
46. The Albanian government considers relations with Italy as a priority. The issue of refugees - about 16 000 - is a major element. About 6 000 were sent home, while the rest were given three-month humanitarian visas.The repatriation of Albanian refugees from Italy, initially set on 31 August, was extended by a further 60 days.
International Conference on Albania
47. On 31 July 1997, Mr Lamberto Dini, the Italian Minister of Foreign Affairs convened in Rome an international conference on Albania with representatives of more than 20 countries and international organisations. The aim was to assess the situation following the elections and to plan for future action with a view to the stabilisation of Albania and its social, political and economic life.
48. The Conference took note with satisfaction of the joint final report on the elections by Mrs Lalumière, OSCE Special Coordinator for the Albanian parliamentary elections, Lord Russell-Johnston, Head of the Council of Europe Parliamentary Delegation, and Mr Javier Ruperez, President of the OSCE Parliamentary Assembly.
49. Prime Minister Nano presented the programme of the new Government as a "draft on Albania's recovery on the road of development". The Conference called upon the new Albanian leadership and members of the opposition to work together for political reconciliation.
50. The international community affirmed it stood ready to assist Albania in its efforts to achieve these goals. But it conditioned its help on the restoration of public order, improvement of human rights and the adoption of sound economic policies.
51. It was agreed at the Rome Conference that the OSCE would continue to serve as a framework for co-ordination of international support to Albania and that the Working Group under the chairmanship of Mr. Vranitzky, should continue its work.
52. The Office for Democratic Institutions and Human Rights of the OSCE (ODIHR) presented a programme of assistance focusing on post-election technical assistance, human rights eduction and training and institution-building.
53. The European Council's President-in-office, Deputy Foreign Minister Mr Georges Wohlfart, told the European Parliament on 16 July 1997 that the election results had to be respected and the new Government had to be recognised. He insisted that EU relations with Albania depended on the restoration of democracy - particularly respect for human rights - on the development of a liberal market economy and on Albania's relations with its neighbours.
54. According to Commissioner Hans van den Broek, international assistance would be needed both in terms of economic support and humanitarian programmes.
55. On 17 July, the European Parliament adopted a resolution "on the elections in Albania and the mandate of the Multinational Protection Force", calling for respect for the election results and for the authorities to disarm civilians.
56. On 22 July, the EU General Affairs Council, re-issued a call for national reconciliation, political and economic reform and the re-establishment of public order and respect for human rights. Providing the reform conditions are met on the Albanian side, the EU Foreign Ministers said that they were prepared to resume aid to the country and to reinforce the political dialogue set up under the 1992 EU-Albania Co-operation Agreement. They gave their backing to a common international action plan to be worked out in collaboration with other international organisations and the Albanian authorities.
57. A European Union monitoring mission has opened an office in southern Albania to observe the post-election situation. A six-member EU team will operate from the town of Gjirokaster. The assignment is for an indefinite period.
58. A Donors Conference will be held in Brussels in October 1997, under the auspices of the European Commission and the World Bank, after an agreement has been reached between the Albanian Government and the IMF on an economic reform programme. The Conference should examine ways to provide aid to Albania in the form of approved projects. A Ministerial Conference on Albania will again be held in Rome in the Autumn. It is essential that the Council of Europe be represented at this meeting at the highest level.
59. The priorities of the Council of Europe as presented at the International Conference on Albania on 31 July 1997, have been defined on the basis of the experience of a long-standing co-operation with Albania, the need to assist Albania in fulfilling its commitments as a member State of the Council of Europe, as well as the analysis of recent developments. They concern the fields of law, justice and law enforcement, media, local government and administration, education, cultural heritage, preparation of a new constitution and the protection of human rights (see Annex 4).
60. The permanent representation of the Council of Europe in Albania is to be welcomed. It would be preferable, however, to ensure that it is at the same level as other institutions, such as the OSCE.
61. The political climate in Albania remains confrontational and is still at the post-election phase. Political dialogue is virtually non-existant. On many issues, the Rapporteurs were given diametrically opposed views by the Government and the opposition. In the course of the short visit a thorough assessment of the various allegations was, of course, not possible.
62. However, it would appear essential that the Assembly take a clear position on some of the most controversial issues, such as the constitution, freedom of the media, recruitment to the public administration and new legislation.
63. As regards the constitution, Government and opposition agree that a new constitution is necessary. They do differ on substance and, above all, on procedure. While the Government considers that the new constitution should be adopted as soon as possible, following a referendum to be held in March 1998, the opposition considers that the present parliament, given the particular circumstances of its election, is not qualified to prepare such an important text. It is clear that a new constitution will only contribute to politicial and institutional stability if based on a wide political consensus. Public information and debate are equally essential. Therefore the Government should not impose deadlines, while the Democratic Party should start participating constructively in the preparatory work.
64. Serious allegations were raised as regards interference with the freedom of the media. The Government should ensure the unimpeded distribution of the press throughout the country. Moreover, there should be no discrimination as regards public advertising and the political pluralism of the press should be encouraged by preferential tax rates.
65. Recruitment and appointment to the civil service, police and armed forces were strongly contested by the opposition, which accuses the Government of purges. Here, as on other issues (such as freedom of the media and the situation of local authorities), a more detailed examination will be necessary. However, already at this stage it should be stressed that recruitment and appointments should be based on merit, assessed on the basis of objective and transparent criteria.
66. As regards the compatibility of (draft) legislation with the standards and principles of the Council of Europe, it would seem essential that the advice of the appropriate Council of Europe experts, such as the Committee for Democracy through Law, be sought and implemented.
67. Finally, the Democratic Party should be called upon to participate fully in the work of the parliament and take up the official positions accorded.
68. As regards co-operation with the Council of Europe, the projects envisaged by the Secretary General are to be welcomed. It is essential that the role of the Council of Europe be better known . The Organisation should therefore be represented at the highest level at the forthcoming ministerial conference in Rome.
69. The Assembly resolves to continue closely to monitor the situation in Albania, as requested by both government and opposition, and to pursue political dialogue with Albanian political forces, in particular with the new Albanian parliamentary delegation to the Assembly.
70. The Parliamentary Assembly, of course, should stand ready to provide assistance to the Albanian parliament in the framework of its inter-parliamentary co-operation programme. In particular through the considerable expertise in the constitutional field of many of its members the Assembly is well placed to contribute to the necessary political consensus-building in Albania.
List of Annexes
1. Programme of the visit to Albania of Mr. van der Linden and Mr. Sole Tura, Rapporteurs of the Political Affairs Committee and the Monitoring Committee
2. Law Nr. 8234 of 27.8.97 on change in Bill Nr. 7491 "The Main Constitutional Previsions"
3. Message of Mr. Pjeter Arbnori, dated 8 September 1997
4. Council of Europe Co-operation Projects on Law, Justice and Law Enforcement
5. Conclusions of the International Conference on Albania, 31 July 1997
Programme of the visit to Albania of Mr. van der Linden and Mr. Sole Tura,
Rapporteurs of the Political Affairs and Monitoring Committees
of the Council of Europe Parliamentary Assembly
(11-12 September 1997)Thursday, 11 September 1997
15h00 President Meidani and Mr. Namik Dokle, Vice-Speaker and Chairman of the Albanian Delegation to the Parliamentary Assembly of the Council of Europe
16h30 European Community Monitor Mission
17h00 Ambassadors of the Council of Europe Member and Observer States, OSCE
18h00 Mr. Namik Dokle, Vice-Speaker of the Albanian Parliament
19h00 League of Journalists
20h00 Mr. Avni Shehu, President of the Court of Cassation
20h30 Mr. Rustem Gjata, President of the Constitutional Court
21h00 Dinner hosted by Mr. Namik Dokle, Chairman of the Albanian Delegation to the Parliamentary Assembly of the Council of Europe
Friday, 12 September 1997
8h30 Mr. Pjeter Arbnori, MP, at Tirana Hospital
9h30 Chairmen of the Parliamentary Groups:
Mr. Aliko, Socialdemocratic Group
Mr. Melo, Group of the United Centre
Mr. Fejzo, Centre Liberal Group
10h10 Representatives of the Democratic Party
10h50 Representatives of the Socialist Party
11h30 Mr. Thimio Kondi, Minister of Justice
12h30 Mr. Neritan Ceka, Minister of Internal Affairs
13h30 Prime Minister Mr. Fatos Nano
15h00 Departure
Council of Europe Co-operation Projects
2.1. Law, Justice and Law Enforcement
2.1.1 Organisation of the judicial system
A law which modifies the composition of the High Council of Justice has been passed by the new Parliament. The provision of this new law is contested by the opposition in Parliament and the President of the Cassation Court.
A general legal framework for the reform of the judiciary will be drafted once the new Constitution is adopted. It has nevertheless been agreed that some provisional amendments will be introduced to the existing legislation, on the basis of the Council of Europe experts' recommendations, to modify in particular:
- disciplinary procedure regarding judges,
- the system of "assistant judges" (to be suppressed),
- the organisation of the Court of Appeal system,
- the internal regulation of the High Council of Justice.
These draft amendments will be submitted to further Council of Europe's expertise.
2.1.2 School of Magistrates
i. Assistance (including physical rehabilitation of the premises) in the setting-up of the School of Magistrates, to open on 1st October 1997, in accordance with an agreed action plan (see Appendix 2).
In this context, a Council of Europe expert will go to Tirana between mid-September and the beginning of October to assist the School's Board and the teaching staff in:
- the preparation of the draft curricula for initial and continuous training,
- the drafting of the School's internal regulations,
- the preparation of the examination for the selection of students,
- the participation in the selection of students.
Additional experts from judges training schools of France, Portugal and the Netherlands will be on stand-by to assist them during this period upon the request of the School's Director.
ii. When functioning the on-going assistance to the School of Magistrates could include the following activities:
- Assistance in incorporating human rights standards into the curriculum of the School of Magistrates (in particular standards relevant to the domestic implementation of the European Convention on Human Rights), as well as in service training seminars on important aspects of the European Convention on Human Rights,
- Organisation of round-table discussions with members of the Court of Cassation and other leading members of the Albanian judiciary together with Judges of the European Court of Human Rights and other experts on the European Convention on Human Rights,- Study visits to Strasbourg for staff of the School of Magistrates and for Albanian judges, in order to follow hearings of the European Court of Human Rights and become familiar with the working of the organs established under the European Convention on Human Rights,
- Creation of a Human Rights Chair within the School of Magistrates,
- Provision of a human rights library for the School of Magistrates.
2.1.3 Law on the Ministry of Justice
A new structure of the Ministry of Justice has been drafted by the Ministry on the basis of the Council of Europe's expertise ( November 1995).
A draft organic law on the Ministry of Justice is being prepared and will be submitted to the Council of Europe's expertise. When in Tirana, the Secretariat was informed of a mission by three experts appointed by ODIHR to assist in the reform of the Ministry of Justice. Co-ordination with the previous activities of the Council of Europe would be necessary.
2.1.4 Creation of a State Publications Office
The Albanian Council of Ministers is due to take decisions concerning:
- the Ministry of Justice's responsibility for the management of the Office,
- the allocation of the premises for the Office.
Upon receipt of these decisions, the Council of Europe will provide further expert advice on a decree governing the operation of the Office, as well as equipment (from a voluntary contribution by Norway).
2.1.5 Development of the Bar
The Council of Europe has received a request from the President of the Bar Association to assist the Bar in:
- the drafting of a new "Advocacy law" aimed at organising the profession,
- the organisation of the continuous training for lawyers,
- the creation of an Office of the Bar Association (mainly material assistance).
The Minister of Justice supports these requests and proposes that the Council of Europe works directly with the Bar Association.
Additional activities could include:
- Support for training activities of the Bar Association, including training of practising lawyers on how to use the European Convention on Human Rights in domestic law and how to lodge applications with the Human Rights institutions in Strasbourg,
- Study visit to Strasbourg for practising lawyers to follow sessions of the European Court of Human Rights and to gain knowledge and experience of the procedures under the European Convention on Human Rights.
Assistance to the Bar Association (including its possible connection to Human Rights data banks) could be one project to be included in a new Joint Programme with the European Commission.
2.1.6 Prison System
The co-operation regarding the prison system is being co-ordinated with the Italian authorities which are developing a major effort in this context. The Council of Europe will focus its activities on:
- written expertise of the draft law on the execution of criminal sentences and the draft law on penitentiary police, followed if necessary by two workshops,
- the development of prison staff training, mainly through the Prison Staff training Academy, in particular assistance in including European human rights standards in the new curriculum and in-training staff (including refresher training for serving staff) and students of the Prison Staff Training Academy on European human rights standards.
2.1.7 Police
The Council of Europe proposes to contribute to the training within the Police Academy, focusing on teachers training in matters pertaining to the Organisation's mandate, particularly human rights protection and aspects of community policing.
It is intended to organise expert meetings to draw up training curricula for senior and low ranking police officers as well as to provide material assistance. During its visit, the Delegation met representatives of WEU in order to co-ordinate their respective activities which could include the following:.
- Assistance in incorporating into the curriculum human rights, human dignity and ethics (to be carried out in co-operation with the Western European Union (WEU),
- Participation of Council of Europe experts in training on human rights, human dignity and ethics for the Albanian Police,
- Preparation of human rights training materials for the police, using as a starting point the draft Albanian Human Rights Manual previously prepared with the assistance of the Council of Europe,
- Study visits for members of the Police Academy and other senior police staff to examine methods and procedures for ensuring protection of human rights within the context of policing.
2.1.8 Reorganisation of the Office of the Prosecutor General
The workshop on the internal rules of the Prosecutor General's Office (postponed in April 1997 due to the political situation) will take place before the end of the year, as well as study visits for prosecutors.
A feasibility study on the setting up of a computer network in the Office of the Prosecutor General is under way.
The following additional activities have been identified with the newly-appointed General Prosecutor :
- In service training seminars on important aspects of the European Convention on Human Rights, with particular reference to its application in domestic law,
- Study visits to Strasbourg for prosecutors in order to follow hearings of the European Court of Human Rights and become familiar with the working of the organs established under the European Convention on Human Rights.
2.1.9 Legislative expertise
a. Administrative law
A final expert meeting of the draft Administrative Code will be organised as soon as the last translated version is sent to the Secretariat.
b. Family Law
A second expert meeting for the drafting of the Family Code, with an enlarged group of Albanian experts, will take place in Tirana this autumn.
c. Private International Law
An assessment meeting for the structure of the draft law on Private International Law will take place in Tirana this autumn.
2.2 Media
In addition to the projects mentioned in the Secretariat's contribution to the Rome Ministerial meeting, the following additional activities should be added:
- Expertise on current or proposed draft media legislation (to include, legislation concerning the written press, broadcasting, etc.).
Having in mind the present situation in the media sector - the audio-visual sector in particular - and the on-going debate on the status of the State Television, it is proposed to support a two-day round-table discussion on the reform of the two principal media laws in Albania to be organised by the Association of Professional Journalists of Albania in September 1997.
2.3 Local Government and Administration
The Delegation did not discuss co-operation projects in the field of local government. It only raised the question of local elections (in particular in cities where the Mayors have resigned or left their position); according to the Albanian authorities there are no plans for new elections in the near future. The matter will have to be taken up again by the competent secretariat department, in liaison with the C-L-R-A-E.
2.4 Education
Bearing in mind the conclusions of the Conference of European Ministers for Education in Kristiansand (24-26 June 1997), the Minister of Education has mentioned the following subjects for co-operation with the Council of Europe:
- Assistance in the field of curriculum development,
- Assistance in the organisation of education at the local level,
- Harmonisation of legislation, in particular legislation concerning higher education and scientific research (including the various models for the Academy of Science),
- Material assistance for the schools, in particular printing and publishing of textbooks and translation of materials into Albanian,
- Teacher training,
- Civic education including the teaching of human rights in the curriculum,
- History teaching (in particular through examining how other countries have managed to approach revision of this subject).
These various proposals will be examined further in the appropriate bodies under the European Cultural Convention.
2.5 Cultural Heritage
Bearing in mind the results of the previous co-operation with the Council of Europe the Minister of Culture, Tourism and Sport has made an urgent request in continuing the initiated project on the preservation of the fortress of Kruja, a symbol of Albanian identity which is under serious threat of destruction. She also drew attention to the old cities of Gjirokaster and Berat. Museums and libraries were also mentioned as fields in urgent need of assistance.
2.6 Constitution
The Albanian authorities at the highest level have requested the assistance of the Venice Commission for Democracy through Law in the drafting of a new Constitution.
The assistance could include the availability of experts to be mobilised at short notice ('stand by experts') to provide expertise on specific points under discussion.
The Council of Europe (and the Venice Commission) could also provide assistance (experts, documentation etc.) to the 'Constitutional hub' (or Information Centre on Constitutional matters) to be set up under the aegis (and in the premises) of the OSCE mission in Tirana, at the request of the Albanian Government.
2.7 Human Rights Protection
i. Compatibility of domestic legislation with the standards of the European Convention on Human Rights, its Protocols and its case-law, including :
- meeting in Tirana (Autumn 1997) to take stock of work already carried out in identifying incompatibilities under Albanian domestic law,
- assistance in revising and completing the compatibility reports already drafted,
- expert comment and assistance on the completed compatibility study, to include possible further expert assistance in bringing legislation and practice into line with the requirements of the Convention.
ii Assistance in establishing the Government Agent's Office, to include possible expert assistance in Tirana and possible study visits to member States to see the organisation and functioning of a Government Agent's Office
iii. Assisting the Albanian authorities in meeting their commitments on Albania's accession to the Council of Europe, including:
- Preparations for signature and ratification of the Framework Convention for the Protection of National Minorities (through information meetings and expert working meetings with the authorities),
- Preparation for signature and ratification of the (Revised) European Social Charter, to include information meetings, expert working meetings with the authorities and the preparation of a compatibility study on domestic legislation's conformity with the provisions of the Charter (such as through a "zero" report).
iv. Elaboration of an integrated programme of human rights education and awareness, to include:
- support for human rights civil society initiatives,
- support for human rights awareness raising campaigns,
- training of NGOs in promoting and protecting human rights,
- training of professional groups in human rights standards,
- preparation of relevant human rights materials (human rights manuals, textbooks, brochures, posters, video materials, etc.). In this context it is proposed to start with translating Human Rights every day, the video Stand up NOW for Human Rights and a selection of most important judgments of the European Court of Human Rights.
This latter project could be implemented in co-operation with various local and international institutions; it could be included in a possible new Joint Programme with the European Commission.
2.8 Fight against organised crime
In addition to those mentioned in the Council of Europe Contribution for the Conference in Rome on 31 July 1997, this field of activity has been identified with the competent Albanian authorities as an important political priority.
The recommendations made in February 1997 by the Council of Europe's expert within the framework of the Joint programme EC-CoE "Octopus" have been transmitted to the Minister of Justice. The principle of an expert mission in Tirana to develop these proposals has been agreed by the Minister of Justice and the Prosecutor General.
2.9 Working methods and information
The continuation of a permanent presence of the representative of the Secretariat in Tirana in this period of extensive legal and institutional reforms has been commended by all interlocutors (Albanian and international). The Secretariat proposes to continue the activities of the present Office in Tirana with the regular presence of a permanent member of staff, until the end of the year.
On their part, the Albanian authorities have expressed their strong wish that an Information and Documentation Centre on the Council of Europe could be established in Tirana in 1998.
International Conference on Albania (Rome, 31 July 1997)
Conclusions
1. An international conference on Albania was held in Rome on 31 July 1997, under the chairmanship of the Italian Minister for Foreign Affairs, Lamberto Dini, in order to assess the situation in the country following the parliamentary elections and to plan for future action with a view to the stabilisation of Albania and its social, political and economic life.
The meeting was attended by representatives of Austria, Belgium, Denmark, Finland, France, Germany, Greece, Japan, Ireland, Luxembourg, the Netherlands, Portugal, Romania, Russia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States and the following international organisations: the European Union, including the European Commission, OSCE, Council of Europe, WEU, Nato, UN and related agencies, IMF, WB, EBRD, EIB, ICRC.
Albania was represented by the President of the Council of Ministers, Fatos Nano, the Vice-President of the Council of Ministers, Baskim Fino, the Minister for Foreign Affairs, Paskal Milo, and the Minister for Finance, Arben Malaj.
The personal representative of the OSCE CiO, Chancellor Vranitzky, provided an overview of the events in Albania since the preparatory meeting of 26 May 1997 and perspectives for the future.
The conference congratulated Albanian President, Rexhep Mejdani, and Prime Minister, Fatos Nano, on their appointment by the Albanian Parliament, looking forward to working with the new Albanian Government as it undertakes the difficult tasks of restoring public order and economic health. The conference called on the new Albanian leadership and members of the opposition to work together for political reconciliation and sound economic policies. The international community stands ready to assist Albania in its efforts to achieve these goals.
2. The conference took note with satisfaction of the final report by Mrs Lalumière, OSCE special co-ordinator for the Albanian parliamentary election, Sir Russell Johnston, Head of the Council of Europe parliamentary delegation, and Mr Ruperez, President of the OSCE Parliamentary Assembly, on the way the elections were held.
The conference praised the Albanian people for such a positive step forward. It acknowledged the invaluable work done by Chancellor Vranitzky, as well as the ODIHR capability to successfully assist the process in such a short period of time.
It recognised that this positive development has been made possible by the Multinational Protection Force and the full support it gave to the Albanian authorities, to the OSCE and to the ODIHR operators, in terms of contributing to a secure environment on the basis of the mandate of UN Security Council Resolutions 1101 and 1114, and providing an essential logistic support to the international monitors during the electoral process.
The elections should mark the beginning of a new phase in the country with new priorities focused on the rehabilitation of state institutions, the return of the country to an orderly life and the reform of the economic and financial system, to be achieved with the advice and support of the relevant international organisations.
3. The conference stressed the need for a comprehensive approach to tackle the problems facing Albania in the coming months, which are to some extent interlinked. It recalled the conclusions of the preparatory meeting in Rome on 26 May and confirmed the international community's willingness to promptly assist Albania in all the mentioned fields, on the basis of the agreed conditionality. All the Albanian parties must recognise that the responsibility of stabilisation lies primarily in their own hands, and that international assistance will depend on the degree of co-operation that they will provide to the international community.
The conference considered that democratic normalisation in Albania, on the basis of the electoral results, is fundamental in order to achieve the goal of stabilisation, to restore confidence of the Albanian population in their future, and to enable the international assistance to develop at its fullest. The international community expects a major effort from all the Albanian parties towards these aims. Law and order must be restored in Albania, and respect of human rights and democratic standards enhanced.
The conference identified the following priorities for action:
— democratic normalisation and strengthening of civil society, including constitutional reform;
— institutional reforms, namely the reform and training of the judiciary and the development of human resources;
— internal security, namely re-establishment of the authority of the state in all parts of the country, security of movement and effective control of border points;
— external security, namely the reorganisation of armed forces under democratic control;
— economic stabilisation, also dealing effectively with pyramid schemes.
The conference welcomes the programme of the government for co-operative relations with neighbouring countries and a regional policy conducive to enhanced stability.
Concrete actions in these areas will contribute to the normalisation in the country and to the establishment of a better environment and, inter alia, to discourage emigration, which deprives Albania of vital resources for its future.
As for the democratic process and the political reconciliation, the conference took positive note of the programmatic declarations of the new government before the parliament as well as of today's statements of good will in relation to a comprehensive reform of the state towards a better democracy. It encouraged the government to implement the announced guidelines of co-operation, political coexistence and national reconciliation.
Participants took note of the programmes of assistance and co-operation proposed by the Council of Europe, ODIHR, EU and bilateral donors in these areas.
4. Following a presentation by the Albanian Government, participants discussed the problem of security in the country in view of the departure of the Multinational Protection Force, which effectively contributed to a secure environment during the recent months. They stressed the need to urgently take appropriate measures, noting that without them the international community will not be able to efficiently carry on its assistance activities.
Participants took note of the three-phase plan envisaged by the Albanian Government to re-establish public order in the country, by means of securing roads, rehabilitating custom posts, fighting criminality, gradually disarming the population and extending territorial control of security forces, requalifying police personnel and improving their standard.
The conference also discussed the Albanian request for assistance to the reconstruction of the police force. It welcomed the WEU short-term programme, as established according to the decisions of 2 May and 18 June 1997, for the management of public order, border policing and support of the police academy. It also welcomed the intention of the WEU to consider a long-term programme. It appreciated that bilateral initiatives are also ongoing at the request of the Albanian authorities. It considered that bilateral and multilateral programmes should be mutually reinforcing and that the OSCE could play a role in this respect.
As far as the Albanian army is concerned, participants noted the assessment and the suggestions made by the FMP Command on the basis of its experience on the ground and the ideas presented by the Albanian authorities for Nato assistance through the Partnership for Peace co-operation programme.
The conference welcomed Nato's readiness, in principle, to assist in the reconstruction of the Albanian armed forces through Partnership for Peace, and to participate in developing, upon request of the Albanian authorities, an individual partnership programme tailored to meet the needs of Albania for subsequent consideration by the North Atlantic Council. Participants noted that several countries present at the conference are planning and ready to contribute to these programmes.
5. Economic stabilisation requires as a precondition the adoption and implementation of an appropriate legal framework for dealing effectively with the pyramid schemes, including the appointment of independent administrators and auditors of international repute and prevention of resurgence of any such scheme. The conference took note of the statement by the Albanian delegation announcing the approval by Albanian authorities of legislation to this effect. The conference welcomed the readiness of the World Bank and IMF to advise on implementation of such legislation and to mobilise financing from the donor community exclusively for the required technical assistance to this end.
The conference recalled that other conditions for effective donors' assistance are the adoption, in agreement with the IMF, of sound budgetary and monetary policies and in particular a viable budget for 1997, requiring an improvement of revenue collection, including customs and tax enforcement.
The conference welcomed the intention of the IMF to initiate, as a first step towards a comprehensive economic reform, negotiations on post-conflict emergency assistance. Participants also welcomed the readiness of the World Bank to assist in the implementation, with donors' contributions, of a "Quick Impact Programme for Economic Recovery", tailored to support Albania in dealing with the most urgent short-term problems, such as rapid employment generation and assistance to the poorest sections of the population and to provide the technical assistance required for institution-building and administrative reform in the relevant public sectors. This in the framework of a strategy being prepared by the European Commission, the EBRD and the World Bank in consultation with IMF under the heading "Directions for recovery and growth" to be implemented with the support of the international community.
The conference identified the following medium-term objectives for economic and social reform:
— achieving medium-term financial and budgetary sustainability as well as monetary stability in the frame of a medium-term programme to be supported by the IFI's and in particular by an "Extended structural adjustment facility" by the IMF;
— strengthening the formal financial system, reforming the banking system and preventing illegal financial activities;
— reducing unemployment, resuming private economic activity, foreign investment and privatisation;
— ensuring continuation of agricultural production and pursuing agricultural sector reform;
— ensuring availability of adequate infrastructure and improving management and efficiency of public utilities.
6. The conference welcomed the proposal of an international agenda for Albania presented by the European Union in view of the Ministerial Conference on Albania scheduled in autumn in Rome. This proposal together with the document mentioned at paragraph 5 "Directions for recovery and growth in Albania" should provide a basis for the development of future institutional and economic assistance to Albania.
The conference also encouraged the Albanian authorities to engage in a constructive dialogue on the directions for recovery and growth with the institutions concerned.
A donors conference will be convened in Brussels by the European Commission and the World Bank after an agreement has been reached between the Albanian Government and the IMF on an economic reform programme.
The conference welcomed the readiness of the OSCE to continue to serve as a framework for co-ordination of international support to Albania. It also welcomed the continuing contribution by the working group under the chairmanship of Chancellor Vranitzky. The conference underlined the need to continue the monitoring of progress made in Albania.
Reporting committee: Political Affairs Committee.
Budgetary implications for the Assembly: to be assessed
Draft resolution adopted by the committee with two abstentions on 22 September 1997.
Members of the committee: Mr Bársony (Chairman), Sir Anthony Durant (Vice-Chairman), Mr van der Linden (Vice-Chairman), Mrs Ojuland (Vice-Chairman), MM Aloglu, Antretter, Bakke, Baumel, Mrs Belohorska, MM Belyaev, Bergqvist, Bernardini, Björck, Bloetzer, Chircop, Chornovil, Deasy, Diacov, Domljan, Evangelisti, Galanos, Gjellerod, Hardy, Hornhues (Alternate: Mr Bühler), Irmer, Iwinski, Kalus, Mrs Kautto, MM Kirilov, Kuzmickas, Mrs Lentz-Cornette, MM Lopez Henares, Lupu, van der Maelen, Maginas, Martínez, Medeiros Ferreira, Meier, Melescanu, Mota Amaral, Mühlemann, Musto, Oliynik, Pahor (Alternate: Mr. Jaki_), Palmitjavilo Ribo, Popovski, Prusak, Mrs Ragnarsdottir, MM Risari, Schieder, Schwimmer, Selva, Sinka (Alternate: Mr. Boka), Sir Dudley Smith, Mr Spahia, Mrs Stepova, Mrs Suchocka, MM Toshev, Urbain, Vrettos, Woltjer, Ziuganov (Alternate: Mr. Zhebrovsky).
N.B. The names of those members who took part in the meeting are printed in italics.
Secretaries of the committee : Mr Kleijssen, Mr Gruden.