Doc. 8771

14 June 2000

Honouring of obligations and commitments by Albania

Report

Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)

Co-rapporteurs: Mr Jerzy Smorawinski, Poland, Group of the European People’s Party and Mr Jordi Sole Tura, Spain, Socialist Group

Summary

The report concerns three fact-finding visits — on 24 - 26 February 1999, during the Conference in Rambouillet and before the NATO intervention in the Federal Republic of Yugoslavia, on 5 – 7 July 1999, after the end of the NATO intervention and the return of most refugees and on 24-28 May 2000.

The Albanians are to be commended on their self-control and restraint during the Kosovo conflict, their hospitality towards the refugees and their co-operation with the international community.

Since July 1999, when most humanitarian problems had been solved, the Albanian authorities have achieved substantial progress in the honouring of Albania’s obligations and commitments. They have renewed political dialogue between majority and opposition, they have approved a new Constitution, they have abolished de facto the death penalty, they have signed and/or ratified a number of Conventions and have taken various legislative initiatives.

Within the framework of implementation of the Stability Pact for southeastern Europe, they must consolidate and intensify this process and ensure that the upcoming local and general elections, respectively foreseen for October 2000 and June 2001, reflect in a fair and free way the political choice of the Albanians.

I.       Draft resolution

1.       The Parliamentary Assembly commends the Albanian authorities and the Albanian population on their self-control and restraint during the Kosovo conflict, their hospitality towards the refugees and their co-operation with the international community.

2.       After years of political instability, characterised by the failure to draft a new constitution and by non-participation of the opposition in the parliamentary process, Albania has made substantial progress in the honouring of its obligations and commitments as a member state of the Council of Europe:

a.       notwithstanding an extremely serious economic and social crisis in 1997 and the dramatic consequences of the Kosovo conflict in 1999, Albania is establishing the rule of law all over its territory:

i. it has taken measures to ensure security in all regions;

ii. it has re-organised the judiciary and the police;

iii. it is fighting organised crime and corruption;

b.       Albania has introduced an appropriate electoral system based on a new electoral law which was elaborated with the assistance of OSCE and Council of Europe experts and which meets the conditions of a pluralist democracy;

c.       it has signed and ratified the European Convention on Human Rights and Protocols 1,2,4,7 and 11;

d.       it has approved by referendum a new constitution in accordance with Council of Europe principles and values;

e.       it has signed Protocol N°6 to the European Convention on Human Rights on abolition of the death penalty;

f.       it has signed and ratified the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the Framework Convention for Protection of National Minorities, the European Convention on Extradition, the European Convention on the Transfer of Sentenced Persons, the European Convention on Mutual Assistance in Criminal Matters, the General Agreement on Privileges and Immunities of the Council of Europe and the European Charter of Local Self Government;

g.       it has enacted a law on electronic media;

h.       it has enacted and implemented a law on the organisation of justice;

i.       it has made substantial peaceful contributions to the settlement of the Kosovo conflict;

j. it has fully co-operated in the monitoring procedure.

3.       The Parliamentary Assembly notes that after two periods where Parliament was boycotted by the main opposition parties (September 1997 – January 1998 and July 1998 – July 1999), pluralist democracy is functioning again with the return to Parliament of the Democratic Party. The Assembly welcomes this return and urges the Democratic Party to fill the seats which have been assigned to the opposition in Albanian institutions such as the ad hoc Committee on the Stability Pact, the Civil Service Commission and the National Council for Radio and Television.

4.       The Parliamentary Assembly calls on all political forces in Albania to work together to consolidate these achievements, to intensify and secure the political dialogue and to ensure implementation of the provisions in the conventions which Albania has ratified and in the legislative texts which have been enacted.

5.       On the other hand, the Parliamentary Assembly observes that the Albanian authorities have set in motion a number of procedures:

a. ratification of Protocol N° 6 to the European Convention on Human Rights on the abolition of the death penalty;

b. adoption and subsequent implementation of the draft law on the press;

c. elaboration of a law on the organisation of the Office of the Prosecutor General;

d. ratification of the European Social Charter, signed on 21 September 1998, and the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, signed on 4 April 2000;

e. examination with a view to ratification of the European Charter for Regional or Minority Languages.

6.       The Parliamentary Assembly encourages the Albanian authorities to accelerate these procedures and conclude them successfully: the death penalty must be removed from Albanian legislation, the bills before Parliament must be examined, voted and implemented and the conventions must be ratified.

7.       In order to provide further assistance and advice in this process of consolidation of democratic stability and development of the civil society, and to help Albania complete the honouring of its obligations and commitments, the Parliamentary Assembly decides to follow closely further developments in Albania, including implementation of the Stability Pact for south-east Europe.

8.       The Parliamentary Assembly is in particular concerned that the forthcoming local and general elections in Albania, respectively foreseen for October 2000 and June 2001, will be held in accordance with the new Electoral Law, that they will be fair and free and that their results will be accepted by all political parties.

9.       It is in the light of the results of these elections and of further legislative and administrative measures taken in the framework of the monitoring procedure, that the Parliamentary Assembly will be able to decide whether Albania can be considered as having honoured its obligations and commitments as a member state of the Council of Europe.

10.       The Assembly resolves to hold a debate on the issue after the parliamentary elections in Albania foreseen for June 2001.

II. Explanatory memorandum by the Rapporteurs

TABLE OF CONTENTS

Acknowledgement

INTRODUCTION…………………………………………………………………………………..5

A.       GENERAL SITUATION…………………………………………………………………...6

      Council of Europe Office……………………………………………………………………6

      Friends of Albania…………………………………………………………………………...7

      General political context…………………………………………………………………….8

      Political dialogue…………………………………………………………………………….9

External relations……………………………………………………………………… .…10

B.       HONOURING OF COMMITMENTS………………………………………………….. 12

      Council of Europe Conventions……………………………………………………………12

      Rule of Law…………………………………………………………………………………12

      Death penalty……………………………………………………………………………….13

      Independence of the judiciary……………………………………………………………...13

      Prison reform……………………………………………………………………………….15

      Public order…………………………………………………………………………………16

      The Hajdari case……………………………………………………………………………17

      Media………………………………………………………………………………………. 17

      People's Advocate…………………………………………………………………………..19

      Local and regional autonomy…………………………………………………………….. 19

C.       FINAL REMARKS………………………………………………………………………..20

APPENDICES

I.       List of texts adopted by the Parliamentary Assembly concerning Albania………………....22

II.       Programme of the visit to Albania on 24 – 26 February 1999……………………………...24

III.       Programme of the visit to Albania on 5 – 7 July 1999……………………………………...25

IV.       Programme of the visit to Albania 24 - 28 May 2000………………………………………26

V.       1999 Annual report of Activities for the Development and Consolidation of

Democratic Stability (ADACS) as regards Albania ……………………………………….27

VI.       Treaties of the Council of Europe signed but not ratified & Treaties

of the Council of Europe ratified by Albania……………………………………………….32

VII.       State of play in respect of honouring obligations and commitments…………………...…..35

Acknowledgement

The co-rapporteurs express their gratitude to the Albanian parliamentary delegation and its secretariat for the perfect organisation of their visits to Albania and the excellent co-operation. They are also grateful to the Albanian authorities for the frank and sincere information which was supplied in the course of the various meetings and which is an essential condition for the success of the monitoring exercise.

The co-rapporteurs wish to thank the representatives of the diplomatic community in Tirana and of the OSCE Mission for their briefings and in particular the Chargé d’Affaires of Hungary, who organised the briefing in February 1999 in his capacity as representative of the Chairman-in-Office of the Committee of Ministers, the Special Representative of the Secretary General of the Council of Europe, Mrs Reyhan Akant, who hosted the briefing in July 1999 and the Ambassador of Italy who hosted the briefing in May 2000 as representative of the Chair of the Committee of Ministers.

INTRODUCTION

1. Albania acceded to the Council of Europe on 29 June 1995, following Opinion N° 189 (1995) of the Parliamentary Assembly and Resolution (95) 8 of the Committee of Ministers.

2. The Committee on Legal Affairs and Human Rights opened the monitoring procedure under Order N° 508 (1995) on 6 November 1995. The Monitoring Committee continued this procedure under Resolution 1115 (1997).

3. Since Albania’s accession, a great number of visits have been made, by rapporteurs and other members of the Assembly, to discuss the political situation, to monitor the honouring of commitments or to observe elections or referenda:

      3 – 5 January 1996: rapporteurs of the Political Affairs, Legal Affairs and Non - Member Countries Committees;

      27 – 30 August 1996: ad hoc Committee of the Bureau and rapporteurs;

      17 - – 22 October 1996: ad hoc Committee to observe local elections;

      25 – 28 October 1996: idem;

      6 – 7 March 1997: rapporteur of the Political Affairs Committee;

      4 – 5 April 1997: rapporteurs of the Political Affairs and Monitoring Committees;

      4 – 5 May 1997: chairmen of the political groups

11 – 12 September 1997: rapporteurs of the Political Affairs and Monitoring Committees;

22 – 23 January 1998: Tri-Parliamentary Mission (PACE, OSCE-PA, EP) including the co-rapporteurs of the Monitoring Committee;

12 – 15 March 1998: co-rapporteurs of the Monitoring Committee;

29 – 30 June 1998: Second Tri-Parliamentary Mission including the co-rapporteurs of the Monitoring Committee;

6-9 July 1998: rapporteur of the Social, Health and Family Affairs Committee;

21 – 23 November 1998: ad hoc Committee of the Bureau to observe the referendum;

23-24 November 1998: rapporteur of the Social, Health and Family Affairs Committee;

24 – 26 February 1999: co-rapporteurs of the Monitoring Committee.

4-5 June 1999: President of the Parliamentary Assembly of Council of Europe

5 – 7 July 1999: co-rapporteurs of the Monitoring Committee, accompanied by the rapporteur of the Political Affairs Committee

10 December 1999: sub-committee on Children of the Social, Health and Family Affairs Committee;

24-28 May 2000: co-rapporteurs of the Monitoring Committee

4.       A list of the texts adopted by the Parliamentary Assembly on the subject of Albania appears in Appendix I to this report.

5.       The first fact-finding visit under the new monitoring procedure ex Resolution 1115 (1997) was made on 12 – 15 March 1998 by the co-rapporteurs Mr Jordi Sole Tura (Spain, SOC) and Mr René van der Linden (Netherlands, EPP/CD). Provisional notes on this visit were presented to the Monitoring Committee in Doc AS/Mon (1998) 24 rev. 1. The Committee examined these notes, but did not transmit them to the Albanian authorities for their comments.

6.       On 28 January 1999, the Committee designated Mr Jerzy Smorawinski (Poland, EPP/CD) to replace co-rapporteur Mr van der Linden who had left the Assembly.

7.       On 24 – 26 February 1999, the co-rapporteurs Sole Tura and Smorawinski visited Tirana. They agreed to bear in mind the provisional notes on the March 1998 visit, when drawing up an information report on this second visit under the new monitoring procedure. The programme of this visit appears in Appendix II.

8.       In the light of the subsequent Kosovo crisis and the ensuing flow of refugees, which changed considerably the political environment and the priorities in the government’s policy, the co-rapporteurs decided not to distribute their report on this second visit, but to wait until the situation would have returned to normal.

9.       On 24 June 1999, the Committee authorised the co-rapporteurs to return to Albania to assess the situation after the return of most of the refugees; this visit took place on 5 – 7 July 1999. The programme of this visit appears in Appendix III.

10.       This visit was combined with a visit of the rapporteur on Albania of the Political Affairs Committee, Mr Matyas Eörsi (Hungary, LDR), who is also a member of the Monitoring Committee. Mr Eörsi attended all meetings held in the framework of this visit. The co-rapporteurs drew up a preliminary draft report based on the Provisional notes on the fact-finding visit made in November 1998 and updated in the light of the conclusions drawn from their visits in February and July 1999.

12.       On 18 February 2000, the Albanian authorities presented their comments on this preliminary draft report. The Committee took note of these comments on 8 March 2000.

13.       On 4 May 2000, the Committee authorised the co-rapporteurs Smorawinski and Sole Tura to visit the country again on 24 – 28 May 2000, in order to assess developments and changes in the political situation in Albania and to update their preliminary report in the light of the comments of the Albanian authorities and the co-rapporteurs’ conclusions. This visit fell in a very busy period in Albania, when many personalities whom the co-rapporteurs had asked to meet were abroad. The programme of this May 2000 visit appears in Appendix IV.

A.       GENERAL SITUATION

Council of Europe Office

14.       On 5 July 1998, a newly appointed Special Representative of the Secretary General of the Council of Europe, Mr Andreas Papaconstantinou (Greece), took office in Tirana, in the Headquarters of the OCSE Presence. The mandate of the Special Representative is to establish a political presence of the Council of Europe in Albania, to increase the Organisation’s visibility and enhance the implementation and co-ordination of co-operation programmes. A Memorandum of understanding concerning the Council of Europe secretariat offices in Tirana has been concluded with the Albanian authorities, by which the Office has been granted the status of a diplomatic mission.

15.       On 31 March 1999, Mrs Akant (Turkey) succeeded Mr Papaconstantinou. On 23 May 2000, Mr Jǿrgen Grünnet (Denmark) started his term of office as the Secretary General’s Special Representative.

16.       During their fact-finding visits, the co-rapporteurs were briefed by the respective Special Representatives on the situation in Albania.

Friends of Albania

17.       Apparently on the initiative of President Clinton and, in any case, pushed by the OSCE, a Group “Friends of Albania” was created in March 1998 in Brussels, to co-ordinate action in favour of Albania undertaken by the international community and individual countries. The Group was created without any preceding consultation of the Council of Europe, its statute does not refer to the Council of Europe and the Organisation has not been given any specific responsibility. Nevertheless, the Committee of Ministers has welcomed this new structure and pledged full co-operation with it.

18.       “Friends of Albania” is chaired by the European Union and the OSCE, although the co-rapporteurs have the impression that the driving force behind the Group was the OSCE Presence in Albania. The Council of Europe participates in the Group’s activities through the Director of Political Affairs and the Secretary General’s Special Representative in Albania. Co-operation seems to be very good, even if some overlap between OSCE and Council of Europe cannot be excluded, e.g. in the field of monitoring of human rights (OSCE Human Rights Alert Programme Office) or of prison reform. 19

19.       The co-rapporteurs’ February 1999 visit to Albania coincided with a meeting of “Friends of Albania” in Vienna on 24 February, on which the co-rapporteurs were briefed by the Secretary General’s Special Representative on 25 February. The conclusions of the Vienna meeting appeared to be largely the same as those reached by the co-rapporteurs.

20.       During their visit in July 1999, the co-rapporteurs were briefed by the outgoing Head of the OSCE Presence in Albania, Ambassador Daan Everts, who had been appointed Head of the new OSCE Mission to Kosovo and Deputy Special Representative of the UN Secretary General for Institution Building. The co-rapporteurs thanked Ambassador Everts for the excellent co-operation, all through his term of office in Tirana, which had existed between the OSCE Presence and the Parliamentary Assembly of the Council of Europe and wished him well in his new and delicate tasks in Kosovo.

21.       During their visit in May 2000, the co-rapporteurs met the Deputy Head of the OSCE Presence, Mr Robert Owen, who replaced the successor of Mr Everts, Ambassador Geert-Hinrich Ahrens, who had been called to a meeting outside Albania on short notice. Mr Owen underlined the importance which Ambassador Ahrens attached to co-operation with the Council of Europe, in respect of both the monitoring procedure of the Parliamentary Assembly and the technical assistance under the ADACS Programme¹. He said that one of the priorities of the Head of the OSCE Presence was to promote co-ordination of the many different activities of the international community in Albania and to avoid any overlapping with Council of Europe initiatives.

General political context

22.       Since the 1997 parliamentary elections², Albania has a ruling majority coalition dominated by the Socialist Party. After the resignation of Mr Fatos Nano as Prime Minister, Parliament approved on 8 October 1998 a new coalition government headed by Mr Pandeli Majko.

23.       On 20 January 1999, Mr Nano stepped down as Leader of the Socialist Party. The Socialist Party held a congress in September 1999 in which the chairman of the party was elected. Mr Nano won with 34 votes more than the second candidate Mr Majko. Consequently, the latter resigned from office as Prime Minister to be succeeded by Mr Ilir Meta, Deputy Prime Minister in the Majko government.³

24.       The Union for Democracy, led by the Democratic Party under Mr Sali Berisha, is the main opposition force. The Union started to boycott Parliament in September 1997; after the visit in January 1998 of the First Tri-Parliamentary Mission⁴ the Union returned to Parliament, but on 7 July 1998, after the Second Tri-Parliamentary Mission⁵, the Democratic Party decided to withdraw again from parliamentary activities. In their comments of 18 February 2000, the Albanian authorities explained that the Democratic Party was attending parliament sessions, but had failed to fill the three seats allotted to their parliamentary group in the Ad Hoc Committee on the Stability Pact set up by the Parliament.

25.       Inside the Democratic Party, a Reform Movement has started which criticises the authority of the current DP leadership and calls for certain reforms of the party. The five leading members of the Reform Movement⁶ have not been excluded from DP membership, but have been expelled from the Democratic Group in Parliament. This expulsion is, however, not recognised by Parliament and the five members continue to sit as members of the Democratic Group.

26.       A delegation of the European Democratic Union (EDU) made a fact-finding visit to Albania (3-4 February 2000) prompted by the moves of the party leadership under Sali Berisha to exclude from office a number of senior Democratic Party figures. In May 2000, the co-rapporteurs were told that the EDU delegation concluded that the DP suffers from lack of internal democracy.

27.       As could have been expected, the discussions which the rapporteurs had in February 1999 with the various politicians were overshadowed by the then ongoing negotiations – suspended on 23 February to resume on 15 March – in Rambouillet on the situation in Kosovo.

28.       On the one hand, the risk of disagreement in Rambouillet and the ensuing violence in Kosovo, which would result in new waves of refugees and a total change in political priorities, was as much on the mind of the various interlocutors as the internal obstacles on the way towards full implementation of Albania’s commitments.

29.       On the other hand, however, this national threat seemed to be bringing together the political forces; although the political dialogue was still far from being a reality, the fact that the Prime Minister and the leader of the opposition had met twice could be interpreted as a first token of growing awareness that in the prevailing circumstances unity was called for.

30.       In this context, the co-rapporteurs took note with interest of the Memorandum which all Albanian parliamentary parties addressed on 4 February 1999 to the Contact Group, to express support for the Rambouillet Conference.

31.       Notwithstanding the change in government and apart from the shadow cast by the Kosovo issue, the internal political climate in Albania in February 1999 had not changed much since the fact-finding visit in March 1998. This impression of the co-rapporteurs was confirmed during their visit in July 1999.

32.       In July 1999, various interlocutors said that the Kosovo conflict had indeed frozen the animosity and brought together the political forces in Albania – albeit outside the Parliament - but that this solidarity was waning very quickly and might even be reduced further now that the imminent threat of a war in the Balkans had been dissipated and Albania would have to return to its domestic problems.

33.       In May 2000, the co-rapporteurs found that once again the political atmosphere in Albania was very much determined by the deep rift between the Socialist Party and the Democratic Party, under the leadership of, respectively, Mr Nano and Mr Berisha. Although the Socialist dominated government under Prime Minister Meta had taken a number of laudable initiatives, many of the activities in Parliament were paralysed or blocked by the opposition under the Democrat Party.

34.       The fact that the Democratic Party was enabled and able to hold an important rally on 14 May 2000 in the southern city of Vlora – the place where in 1997 the uproar started – without any significant violence⁷, is a sign that Albania is returning to normal political life and that the respect of important human rights such as freedom of association and freedom of expression can again be guaranteed on Albanian territory.

Political dialogue

35.       Since the Constitution was approved in the referendum of 22 November 1998⁸ (see paragraph 57 hereafter), the co-rapporteurs have heavily insisted, in their discussions with the various political forces, on the importance of a permanent dialogue between the political forces – particularly in the light of developments in Kosovo and subsequently the implementation of the Stability Pact – as the only possible way to create an Albanian State.

36.       With the return of the Democratic Party to Parliament, the main condition for a productive political dialogue has been met. The co-rapporteurs congratulate the Democratic Party – and all other parties in the Democratic Union who returned to parliament earlier – on their decision which bears witness of the political maturity and wisdom which Albania needs more than ever.

37.       The co-rapporteurs call now on all political forces in Albania to ensure that this renewed political dialogue be kept going and preserved against any possible interruption. This is the responsibility of all politicians in Albania, whether they belong to the majority or to the opposition. They must talk with each other, not at each other, and they must do that mainly in Parliament.

38.       For the opposition, this implies that they must assume all responsibilities that are theirs in a pluralist democracy, independently of the risk of being overruled by the majority. The opposition should recognise the outcome of the referendum on the Constitution and therewith the validity of this instrument. Members of the parliamentary opposition parties must participate in all parliamentary activities, speak up when they feel this useful, make constructive proposals and advise on proposals of others, - always in the interest of the Albanians who elected them.

39.       The parliamentary majority must respect the rights of opposition parties in the framework of a parliamentary democracy: the opposition must be enabled to work in safety and security, they must have full and timely access to information, they must be given the responsibilities to which they are entitled, they must be allowed to speak up and make their contribution to governing the country, in accordance with the rules of procedure of the Albanian Parliament.

40.       Instead of practising a policy of “empty chair”, the Democratic Party should participate in important activities such as the preparation of implementation of the Stability Pact and without delay fill its seats in the Working Party set up for that purpose. It should assume its responsibilities for the functioning of the National Council for Radio and TV and the Civil Service Commission. It should also contribute to ensuring that the new Electoral Law be implemented, that the Central Election Committee becomes operational and that the upcoming local elections will be fair and free.

41.       Above all, the co-rapporteurs call on all actors on the Albanian political scene to forget about the past and never to allow their personal feelings taking priority over the interests of Albania. Now that the immense problems caused by the Kosovo crisis have been overcome in a joint effort, the political forces should be careful not to fall back in their pre-Kosovo rivalries. Albania’s future and the well-being of the Albanians lie ahead, the Stability Pact offers a unique possibility for progress over the whole Balkan area and Albania must not get behind the other countries because of internal political quarrels.

External relations

42.       In their comment of 18 February 2000, the Albanian authorities explain that the Albanian foreign policy’s main goal is stability in the region. A remarkable improvement in the relations with the neighbours has been noted recently. President Meidani, Prime Minister Meta and his predecessor as well as various ministers have paid a series of visits to neighbouring countries. Two tripartite meetings at Prime Minister level have also been organised: Albania-Montenegro-Macedonia and Albania-Greece-Macedonia.

43.       According to the Minister of Foreign Affairs in July 1999, Albanians are aware that they had never so much international support as during the Kosovo conflict and that this support is weaning gradually. They also realise, however, that Albania is a key element for stability in the region. The sheer endless stream of visiting presidents and prime ministers has come to an end and no more diplomatic promises are made. Normal political contacts should be re-established, to be transformed into concrete action. Such action should include starting the process of integration of Albania into European and Atlantic structures. Pending Albania’s admission as member State of NATO, NATO forces should stay, to finalise the humanitarian projects and to provide logistic support for the troops in Kosovo.

44.       Albania’s external relations are focussed primarily on the post-Kosovo era and in particular on implementation of the Stability Pact for South Eastern Europe (“an opportunity that comes only once”). In this Pact, the government has given priority to regional projects and to Albanian projects; for this purpose they had duly prepared their requests for the Donor Conference of Sarajevo, on 30 July 1999. These included improvement of the regional infrastructure and a common system for the distribution of energy.

45.       Implementation of the Stability Pact dictates also Albania’s relations with the neighbouring countries, because of the common interests at stake and the ensuing need to work together. According to the Minister for Foreign Affairs in July 1999, in the present foreign policy of Albania, the Kosovo conflict does not exist any more and the temporary tensions with neighbours belong to the past.

46.       In this way, relations with Greece, which were at one stage clouded because of the support of the Serbs by the Greek public opinion, have been fully restored. Between 40.000 and 70.000 Albanians of Greek origin are said to be living in South Albania, whilst the number of Albanians residing permanently or temporarily in Greece is estimated at 400.000. The Albanian and Greek governments are preparing negotiations to establish quotas for legal seasonal labour. The co-rapporteurs intend to examine this situation more closely in the future.

47.       After some problems created by the reception of Kosovar Albanian refugees in Macedonia, the relations with that country have been improved partly because of the common interests at stake, partly because of the important role of Albanian political parties in maintaining the fragile ethnic equilibrium in Macedonia. On 17 June 1999, the Albanian and Macedonian Prime Ministers announced in Skopje an agreement to accelerate the resolution of outstanding issues concerning the Albanian minority in Macedonia. On 22 June, the Albanian President, Prime Minister and Foreign Affairs Minister had meetings in Skopje with President Clinton and their Macedonian counterparts. On 8 July 1999, the President of Albania visited the President of Macedonia, to discuss also bilateral co-operation within the framework of the Stability Pact. On 25 February 2000, Macedonian and Albanian Public Prosecutors met in Tirana to discuss measures to improve cross border investigation and exchange of information.

48.       Relations with Bulgaria (President Stoyanov has visited Tirana on 29 May 2000), Romania, Turkey and Italy are qualified as very good. Since the democratisation of Albania, Italy has assisted the country on both bilateral and multilateral bases.

49.       Relations with the Federal Republic of Yugoslavia depend on the democratisation of the country, which, in the opinion of the Albanian government, is impossible under President Milosevic and the presently weak opposition. In May 2000, the Albanian Deputy Minister for Foreign Affairs said that in 1999 Belgrade had broken the relations with Tirana.

50.       10% of the 66.000 population of Montenegro are ethnic Albanians, who have cultural, social, religious and economic links with Northwest Albania. Albania supports Montenegro in its quest for a confederation with Serbia.

51.       In their comments of 18 February 2000, the Albanian authorities state that in their relations with Montenegro Albanian politicians have also sent encouraging signals. MM. Nano and Djukanovic have met on two occasions, and many other lower level meetings have been held. On 24-25 April 2000, Foreign Affairs Minister Milo paid an official visit to Montenegro and signed a number of agreements. The Prime Ministers of Albania and Montenegro met on 24 May 2000 in Shkodra to discuss bilateral projects. The improvement of relations has led to re-opening the long time closed frontier between Montenegro and Albania.

52.       The Albanian government does not favour the idea of Montenegro obtaining its independence; this would change the map of the Balkans and increase the risk of an evolution towards a Great Albania. Rather than encourage such dreams of Great Albania – which according to Albanian authorities never existed anyway – the Government advocates an integration process of all areas with an ethnic Albanian population (Albania, Macedonia, Montenegro, Kosovo and even Greece,– a European Union member State bound by the Schengen Agreement – , with open borders and free movement without any visa requirements.

53.       The President of Albania visited Pristina on 25 May 2000 where he met with the representatives of the international community and the leaders of nearly all political parties, except Mr Rugova. The Albanian authorities attach great importance to the forthcoming local elections in Kosovo, foreseen for end October 2000.

B.       HONOURING OF COMMITMENTS

Council of Europe Conventions

54.       Out of the conventions Albania committed itself to accede to, it ratified the Convention for the Protection of Human Rights and its Protocols 1, 2, 4, 7 and 11 on 2 October 1996; the European Convention for the Prevention of Torture and Inhumane or Degrading Treatment or Punishment on 2 October 1996; the European Convention on Extradition on 19 May 1998, the General Agreement on Privileges and Immunities on 4 June 1998. The Framework Convention for the Protection of National Minorities signed on 29 June 1995 was ratified by Parliament on 3 June 1999. On 4 April 2000 Albania ratified the European Charter of Local Self Government, the European Convention on the Transfer of Sentenced Persons and the European Convention on Mutual Assistance in Criminal Matters and its Protocols.

55.       Albania signed the European Social Charter on 21 September 1998. On 4 April 2000, Albania signed Protocol N°6 to the Convention for the Protection of Human Rights concerning abolition of the death penalty (see paragraph 65 hereafter) and the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime.

56.       Albania has not yet signed the European Charter for Regional or Minority Languages. The other Conventions ratified or signed by Albania appear in Appendix VI.

Rule of law

57.       The approval, in the referendum of 22 November 1998, of the new Constitution, drawn up in co-operation with the Venice Commission, is a milestone on Albania’s road to democratic stability and the establishment of the Rule of law. What seems important now is to ensure full respect of the Constitutional provisions and this would include that existing legislation is screened for compatibility with the new Constitution. This is the task of the Constitutional Court.

58.       The Constitutional Court was created in 1992, to monitor the compatibility of laws and regulations with the Constitution and to examine violation of Constitutional provisions. From January till May 2000, it has received 33 appeals. The judges said that the Court has no proper building, no deliberation room, an inappropriate courtroom and not enough offices.

59.       The Constitutional Court is functioning well, notwithstanding this general lack of means and equipment. A further handicap is that so far the Court is not recognised – and therefore not used – by the opposition, partly because the removal of the Court’s former president has not been accepted, partly because the opposition contests the approval of the Constitution itself during the referendum of 22 November last. In May 2000, the leader of the Democratic Party confirmed this attitude.

60.       Since on certain conditions individuals can have access to the Constitutional Court to appeal against alleged violations of their human rights, there might be a risk of overlap or misunderstanding in respect of the jurisdiction of the Constitutional Court and the Supreme Court.

61.       Between 1993 and 1997 the Council of Europe has conducted two successive Joint Programmes with the European Commission, mainly for assistance to legal system reform in Albania. Major outcomes were the Albanian Civil, Civil Procedure, Penal and Penal Procedure Codes and the establishment of the School for Magistrates. After the parliamentary elections of 1997 the programmes were reshaped to respond to Albania’s most urgent needs in the fields of Human Rights, legislation, constitutional reform, justice, law enforcement, media, local government and education.

62.       The Third Joint Programme, which is operational since 5 January 1999, constitutes the framework for the international conference on “Abolition of death penalty in Albania”, which was held on 31 March-1 April 2000 to launch a comprehensive awareness-raising campaign in favour of abolition of the death penalty in Albania.

63.       According to Albanian authorities, criminality has not increased during the Kosovo conflict nor thereafter, whilst the percentages of discovery of crimes and of capture of perpetrators are growing. In May 2000, the co-rapporteurs were told that the number of armed gangs has strongly diminished.

64.       In their comments of 18 February 2000, the Albanian authorities observe that the Ministry of Public Order is seeking co-operation with MAPE and countries like Greece, Italy, Germany, in order to obtain the necessary assistance and modern equipment for the fight against criminality.

Death penalty

65.       By its Decision n° 56, dated 10 December 1999, the Albanian Constitutional Court declared that the death penalty was incompatible with the Constitution of Albania.

66.       The co-rapporteurs warmly welcome the signature on 4 April 2000 of Protocol N°6 by the Albanian Prime Minister. They encourage Parliament to ratify it as soon as possible and to make the necessary amendments to the Penal Code, thus lifting an important barrier on Albania’s road to compliance with its obligations and commitments.

Independence of the judiciary

67.       On 12 January 1999, an Action Plan for the judicial and legal reforms in Albania was signed by the Albanian authorities and representatives of the Council of Europe and the European Commission. This Plan defines the framework for the short and medium term reforms, including the development of the institutional capacity for the effective enforcement of the legal framework.

68.       On 18 and 19 January 1999, a Conference on Legal Reforms in Albania was held in Strasbourg, attended by various Albanian ministers and magistrates, representatives of the international organisations concerned, experts and senior Council of Europe staff. The participants had welcomed the progress achieved by the Albanian authorities in reforming the legal system, but acknowledged nevertheless that significant work had to be undertaken: the legal and institutional framework had to be completed and the judiciary’s independence and credibility had to be reinforced. In this respect, the participants had called for instance for a law on the organisation of the Ministry of Justice and for a definition and organisation of the judicial police; they also underlined the importance of training of future judges and prosecutors at the Albanian School for Magistrates, as well as the continuous training of judges and magistrates in office.

69.       A second Conference on Legal Reforms in Albania was held in Tirana in November 1999. It was attended by senior officials of the Ministry of Justice, representatives of the judicial power, the General Prosecutor’s Office and interested international organisations, including the Council of Europe, as well as experts.

70.       In their comments of 18 February 2000, the Albanian authorities explain that preparatory work on the laws concerning reorganisation of the Ministry of Justice and of the Judicial Police is drawing to an end. The training of judges and prosecutors at the School of Magistrates continues; the first 20 graduates have been appointed judge at the courts of first instance, a second wave of graduates is to be appointed in September 2000.

71.       In May 2000, President Meidani suggested the creation of a Task Force, composed of a dozen of retired and experienced judges from abroad, to accompany young Albanian judges in their work and to teach at the Tirana School of Magistrates.

72.       An additional problem, also recognised by the Strasbourg Conference, is the obstacle of corruption to the development of a fully independent judiciary. The authorities concerned should actively combat the factors which contribute to corruption in the Albanian judiciary, within the framework of the Octopus project of the Council of Europe and the European Commission and the project supported by the World Bank. In July 1999, the Albanian Prosecutor General said that a group of prosecutors had been instructed to investigate corruption amongst judges.

73.       In December 1998, a Law on the organisation of justice was adopted, which aims at reinforcing the independence of the judiciary. In their comments of 18 February 2000, the Albanian authorities note that the Law had been amended and is now in full compliance with the Constitution.

74.       In their comments of 18 February 2000, the Albanian authorities explain that the Law on the organisation of justice provides that judges of the first-instance courts, with a seniority of no less than 10 years in judicial work, must pass an examination. This provision was included to identify and remove from the judiciary those judges who would be found not to have the necessary professional background. The Law did not specifically aim at removing judges who had only followed a six-month training course.

75.       Precise procedures for implementing the related provisions of the law have been established in co-operation with experts from the Council of Europe’s Legal Affairs Directorate. In July 1999, 6 judges out of 200 had failed the test and 2 of them were given the right to take again the exam. In their comment of 18 February 2000, the Albanian authorities note that these judges were not obliged to resign, but depending on the results of their exam the High Council of Justice would decide whether they should be removed from office or not, with a possibility to appeal to the Supreme Court afterwards. However, the Constitutional Court has declared this provision of the law to be anti-constitutional, and now failure to pass the examination is not considered as a ground to remove the judge from his office.

76.       In May 2000, the Minister of Justice said that about 30 judges had refused to participate in the exam; these judges had been removed from office for violation of disciplinary rules.

77.       A law on the organisation and functions of the Prosecutor General’s Office is being prepared. In its present form, this Office is the subject of much criticism. On the one hand, reproaches are made that the Prosecutor General has not made sufficient progress in prosecuting crimes and other violations of the law, notably in the Hajdari Case (see paragraph 93 hereafter). On the other hand, it is argued that no political control is exercised over this Office, which enabled it to start politically suspect investigations at the wrong times, such as the arrest of six DP leaders⁹. The Council of Europe organised in March 1999 a meeting in Tirana and is providing expertise on the reform of the Prosecutor General’s Office.

78.       In May 2000, the Minister of Justice told the co-rapporteurs that a draft Law on the functioning of the Prosecutor General’s Office had been sent to the Prosecutor General and to the High Court of Justice for opinion.

79.       In July 1999, the Prosecutor General said that the average ratio of solving crimes was between 60 and 70% and even higher in some regions. In May 2000, the Director of Police of the district of Shkodra said that in his district the average percentage of capture of persons suspected of crimes was 75%.

80.       The Court of Cassation has been replaced by a Supreme Court, for which the Council of Europe has provided expertise. The President of the Court has been dismissed because his constitutional mandate had come to an end – which he contests¹⁰. On 7 June 1999, the President of the Republic appointed former Minister of Justice Mr Kondi as President of the Supreme Court.

Prison reform

81.       In July 1999, the Deputy Minister of Justice said that following the report of the Anti-Torture Committee on its visit in December 1998, attention was given to improved respect for the rights of convicts. In general, Albania was open for any advice on training prison staff, on young offenders and on female prisoners and on enlarging the capacity of prisons, but financial means were lacking to implement such advice. A new prison is being build in Lezhe with a capacity of 600 inmates and an Italian project for the construction of another prison for 350 people has been approved by the government.

82.       In accordance with the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the Albanian Parliament has approved a law on the appointment of a co-ordinator.

83.       In May 2000, the Minister of Justice said that a General regulation on prisons had been established by government.

Public order

84.       The co-rapporteurs saw improvement in the security conditions at least in Tirana and Shkodra, but they were told that some security problems subsist in Albania. According to the Minister of Public Order, the national roads are now secure and security in the cities is improving. In May 2000, President Meidani said that the level of criminality in Albania was comparable to that in the main cities in Western Europe.

85.       Notwithstanding the efforts undertaken by the government, including the adoption of a special law and, on a regional basis, by the UN in the “Weapons for Development Programme”, to collect arms from the population¹¹, violence is still frequent although the number of armed gangs is said to be decreasing. In May 2000, 140 police officers had been killed since 1997.

86.       During the Kosovo crisis, the Albanian police managed to overcome the enormous problems created by the sudden flow of over 500.000 refugees, although the Minister of Public Order in July 1999 said that he was not entirely satisfied and had started to analyse the difficulties encountered.

87.       Following approval in December 1999 of the Law on the State Police, the Ministry of Public Order, with the assistance of the Multinational Advisory Police Element (MAPE – a WEU contribution) and Italian Police Forces, is restructuring the police forces, recruitment procedures are being improved and 95% of the police stations are now headed by graduates from the Police Academy. In every prefecture, a special unit has been set up to improve the relations between the police and the public.

88.       The assistance of MAPE is essential, even if its mandate, which has to be renewed every year, is limited to advising and training and does not include implementation of the law. In July 1999, 112 out of the 150 MAPE police officers were operational. Although their assistance is merely of a technical nature, their presence all over the territory implies a “masked monitoring mission” which contributes to improving security in Albania. In May 2000, the Deputy Minister of Public Order said that the assistance of MAPE was still indispensable, and an agreement was to be signed to extend the MAPE-mission.

89.       In their comment of 18 February 2000, the Albanian authorities explain that to implement the law on the State Police regulations have been prepared with the assistance of the MAPE Mission, for examination by government and parliament.

90.       Despite these measures, the Chairman of the Democratic Party has proposed an Anti-Crime National Pact, in which he calls for an agreement of all national and local political powers, the total reconstruction of the Ministry of Public Order and of the Prosecutor General’s Office and new legislation. According to Mr Berisha, this Pact has been rejected by the Minister of the Interior. The general point of view of the coalition is that, to be examined, the Pact should be presented in Parliament, which could then also test the compatibility with the Constitution of proposals such as the appointment of crime investigators by the political parties.

91.       Corruption is said to be increasing. At Rinas airport a senior police officer was arrested on 22 February 1999 for allegedly taking bribes from illegal immigrants. According to the opposition, corruption has led to a decrease of 40% in foreign investments. The co-rapporteurs therefore welcome the signature by Albania on 27 January 1999 of the Criminal Law Convention on Corruption and they recommend the country to join the Group of States against Corruption (GRECO), established in May 1998 to monitor implementation of the Convention.

92.       Notwithstanding the adoption, early February 1999, of a detailed Customs Code, illegal trafficking of persons and goods is increasing. In their comments of 18 February 2000, the Albanian authorities explain that the Ministry of Public Order has taken measures in order to increase and reinforce police control both at border crossing points and at seaports and airports. This has led to replacement of police officers and border officials involved in fraud. Agreements have been concluded with Greece and Italy and other neighbour countries in order to fight this traffic. The Ministry of Public Order has also organised controls on the main Albanian roads.

The Hajdari case

93.       Notwithstanding the work done by a team of 7 investigators at the Prosecutor General’s Office, investigations into the killing of the senior DP member Mr Hajdari have not shown much progress. In July 1999, the Prosecutor General explained that the investigations immediately after the attack had been hampered by the lack of co-operation of the principal witnesses, either because they were unwilling or they were under pressure, whilst interrogation of certain key persons residing in the North-eastern part of the country or abroad appeared to be difficult.

94.       In their comments of 18 February 2000, the Albanian authorities explain that the Prosecutor’s Office is conducting investigations with international assistance. These investigations are still going on at a slow pace. The Prosecutor’s Office is of the opinion that this delay in investigations is caused by the leaders of the Democratic Party who refuse to testify.

95.       In these circumstances, the Democratic Party has prepared a draft law to establish an independent prosecutorial group, headed by a DP nominated director, to investigate the Hajdari murder. Although this proposal had not been rejected by the Prime Minister, some coalition members have indicated that any investigation must be conducted under the exclusive responsibility of the Prosecutor General’s Office and that anyway draft laws must be discussed in Parliament.

96.       In a first reaction, both the OSCE and the Council of Europe have observed that parts of the draft law proposed by the Democratic Party would not be compatible with the Albanian Constitution.

97.       The co-rapporteurs wish to recall Recommendation 1386 of 24 September 1998, in which the Parliamentary Assembly strongly condemned the murder of Mr Azem Hajdari and his bodyguard and called on the Albanian authorities to prove to the international community that they are making every effort to bring those responsible to justice as soon as possible and to allow for independent international investigation. The co-rapporteurs urge the authorities concerned to follow this Recommendation without further delay.

Media

98.       In July 1999, there were 30 private TV and 30 private radio stations broadcasting in Albania. In May 2000, the co-rapporteurs were told that 130 private TV and Radio stations had applied for licences.

99.       A new law on electronic media was passed on 30 September 1998. This law was drafted with the assistance of the Council of Europe and according to the OSCE Representative for Freedom of the Media, Mr Freimut Duve, it should create good conditions for the editorial independence of the electronic media and lead to a fair system of public broadcasting.

100.       In February 1999, the representatives of the media said to welcome this legislation – on the condition that it be implemented efficiently and the National Council for Radio and TV become operational – which will transform the State TV into an independent public TV and regulate the granting of licences.

101.       In July 1999, the Minister of Information said that to change the State TV into a Public TV much money would be needed, staff should be trained but above all, the mentality would have to change. The 15 member National Council consisted of representatives of the public (who had the majority), three members designated by the opposition, one by the Greek minority and one by the President of the Republic. In May 2000, the opposition had not filled its three seats – which to a certain extent paralysed the National Council.

102.       Additional problems are raised by the conflicting rules of, on the one hand, the World Trade Organisation, which wishes the audio-visual market to be privatised and, on the other hand, the Council of Europe’s conventions which aim at imposing a minimum of European programs, as well as by the attribution to Albania of not more than 4 frequencies – notwithstanding its requests for 2 supplementary frequencies.

103.       The media are satisfied that journalists are no longer imprisoned or physically attacked because of their professional activities; they complain, however, that like all other citizens in Albania, journalists are hampered by the general insecurity in Albania. In July 1999, the then daily newspapers were sold on only 40% of the territory and their circulation was said to have dropped from 85 000 to 75 000. Journalists complained also about the very high taxes imposed on them, notwithstanding an agreement signed with the assistance of the Council of Europe.

104.       In July 1999, the Minister of Information said that only in two cases journalists had been persecuted, in September 1999, not because of what they wrote, but because of their alleged participation in the occupation of a TV studio. On the other hand, legal action taken by government officials against journalists had not been successful. As for the taxes imposed on media, these were not higher than elsewhere, and about 50% of the Albanian media received subventions from the State. The printed media were faced with high costs because of the competition by the 30 private TV stations.

105.       The Minister said also that the government pursued a policy of transparency, based on the Constitutional provisions on freedom of speech and the right on information. Parliament had adopted on 3 June 1999 a new Law on the right on Information which provided for access to official documents. Every department had its information office and every week spokesmen of the various ministries met to prepare access to government information. During the Kosovo conflict, a daily bulletin with all available information on humanitarian aid to the refugees had been published for the odd 3000 journalists present in Albania.

106.       In May 2000, a Law on the protection of personal data has been adopted, which complies with the Convention on the protection of personal data of the Council of Europe.

107.       In May 2000, a new Law on the press was being prepared in co-operation with the Council of Europe, to replace the 1993 Law which was abrogated in September 1997. Legislation is also being prepared on copyright and on broadcasting frequencies.

People’s Advocate

108.       Following adoption of a Law on the People’s Advocate in February 1999, the co-rapporteurs welcome the election by Parliament on 17 February 2000 of an Ombudsman, Mr Emir Objani. In May 2000, the Deputy Ombudsmen reported that pending the attribution of adequate premises, the Ombudsman was organising his services, recruiting staff and launching an awareness campaign. Although the Office was not yet operational, it had already received several complaints.

Local and regional autonomy

109.       Local elections were held in Albania on 20 October 1996. A delegation of the Council of Europe, which consisted of members of the Parliamentary Assembly and of the Congress of Local and Regional Authorities of Europe, believed that these elections were free and fair and reflected the will of the electorate¹².

110.       These elections resulted in 90% of the town-halls, 86% of the municipalities and 53% of the regional councils being won by the Democratic Party. Taking into account the cumbersome political dialogue at national level – which will hopefully improve rapidly, see paragraph 35 above - the co-rapporteurs welcome the improved relations between the central and the local authorities, in particular the establishment by the Ministry of Local Government and the Local Authorities Associations of a “Decentralisation Platform” and they wish to encourage both sides to continue on the road to decentralisation and local autonomy.

111.       On 11 November 1999 Albania ratified the European Charter of Local Self Government. Albania also adopted a national strategy on decentralisation.

112.       According to the new Constitution, municipal councils will be elected directly, whilst regional councils will be elected indirectly by the municipal councils.

113.       At the request of the Albanian Ministry of Local Government, the OSCE Presence in Albania and some partners, including the Congress of Local and Regional Authorities of Europe, have started a project which aims at analysing international expert proposals on local government issues in Albania.

114.        Local elections are due to take place in Albania in October next. The Government has started preparations for this process in cooperation with international experts, in order to revise the electoral procedures and to adopt new electoral legislation in accordance with the new Constitution and international standards. The draft for a new electoral law, prepared by Government was examined and amended by a Working Group set up on the initiative of OSCE and consisting of representatives of the coalition parties, the opposition, international organisations and experts (including experts of the Council of Europe and the Venice Commission). Not all amendments proposed before the agreed deadline (7 April 2000) by representatives of the opposition were accepted and the opposition boycotted several meetings. The new Electoral Law was adopted by Parliament on 8 May 2000, in the absence of the opposition.

115.       In addition, a permanent and independent Central Election Commission (CEC) was created last summer to replace the bi-partisan commission, as required under the new Constitution. The new CEC is so far only provisionally established; out of the seven members foreseen two have resigned whilst a second member to be designated by Parliament has not yet been nominated. The opposition opposes the designation of three members by the High Judicial Council, chaired by the President of the Republic who may in that capacity also designate two members. The CEC is also lacking statutory regulations specifying its responsibilities. The process is now blocked because of a disagreement within the Government about the Commission’s competencies and especially because of disagreement between the government and the opposition over the appointment procedures and the current composition of the body.

116.       In May 2000, the Chairman of the Democratic Party said his party would not boycott the local elections. However, representatives of some opposition parties have threatened to boycott the local elections if their concerns are not met. The co-rapporteurs deplore any such threat and call all political forces to find an acceptable compromise which would not put at risk the success of the important local elections. The co-rapporteurs welcome the decision of the majority to grant the opposition’s request that local authorities be entrusted with registration and composition of the voters’ lists.

C.       FINAL REMARKS

117.       The co-rapporteurs wish to commend the Albanian nation and the authorities, President, government, parliament, opposition and ruling coalition, on their attitude all through the Kosovo crisis, their restraint and their determination not to intervene in any way in the conflict, their hospitality and readiness to give priority to humanitarian assistance to the mass of refugees that crossed the borders, and their co-operation with the international community.

118.       This co-operation with the international community has been exemplary all through the pre-Kosovo period, during the conflict and in the aftermath of the crisis. It included co-operation with NATO and AFOR, OSCE, Council of Europe, European Union, Western European Union, UNHCR, UNDP, World Bank¹³, IMF and other international organisations, both governmental and non governmental, in their efforts to help solve the many problems Albania was confronted with.

119.       The Albanians should realise, however, that the centre of attention has now moved to Pristina, that the activities of the international community will be focussed on Kosovo and that Albania will again have to take things in hand. This does not mean that the current international co-operation will be stopped: the Council of Europe, the OSCE, the European Union and the Western European Union will continue their assistance programmes. The UNHCR will finalise its repatriation programme and help legalising illegal migrants. AFOR may stay as long as UNHCR will stay. NATO has kept 1.300 troops for logistic support of the NATO forces in Kosovo. However, the Albanian authorities must explain to the citizens that the international community has drawn up the Stability Pact for south-eastern Europe as a framework for stability and prosperity in the region, that they will assist in the implementation of the Pact, but that the work proper must be done by the Albanians themselves. All political parties must join forces to seize this unique opportunity and ensure that Albania will defend its own interest in the reconstruction of the Balkan region. From retro-active, Albania must become pro-active.

120.       In respect of the monitoring procedure, the co-rapporteurs understand and accept that during the Kosovo crisis, among the commitments listed in Opinion N° 189 (1995), priority was given by the Albanian authorities to Albania’s humanitarian obligations towards the refugees and displaced persons from Kosovo and that action to honour other commitments was temporarily interrupted. Within the implementation of the Stability Pact, Albania should now continue its efforts to honour its outstanding obligations and commitments as a member state of the Council of Europe.

121.       The co-rapporteurs welcome the substantial progress made on a number of issues such as approval of a new Constitution, de facto abolition of the death penalty, ratification of conventions, enactment of existing legislation and preparation of new legislation on the independence of the judiciary, the media, the People’s Advocate, co-operation in the monitoring process and in particular, the renewal of the political dialogue.

122.       The co-rapporteurs also wish to underline that on other major issues they have not yet seen enough concrete improvements for them to recommend the monitoring procedure to be concluded. The renewed political dialogue must be consolidated, used and intensified for the Albanian democracy to function satisfactorily and the economic recovery to be pursued energetically; the security must be improved, the reform of the judiciary must be finalised and crime and corruption must be combated more efficiently.

123.       In order to provide further assistance and advice in this process of consolidation of democratic stability and to help Albania complete the honouring of its obligations and commitments, the Parliamentary Assembly should continue to follow closely further developments in Albania, including implementation of the Stability Pact for south-east Europe.

124.        The co-rapporteurs are in particular concerned that the forthcoming local and general elections in Albania, respectively foreseen for October 2000 and June 2001, will be held in accordance with the new Electoral Law, that they will be fair and free and that their results will be accepted by all political parties.

125.       It is in the light of the results of these elections and of further legislative and administrative measures taken, that the co-rapporteurs will be able to advise the Assembly on whether Albania can be considered as having honoured its obligations and commitments as a member State of the Council of Europe, and consequently, whether the monitoring procedure in respect of Albania can be concluded.

APPENDIX I

List of texts adopted by the Parliamentary Assembly concerning Albania

(Special guest status since 25 November 1991)

Application submitted by Mr Alfred SERREQI, Minister for Foreign Affairs of Albania to the Secretary General, on 4 May 1992

Doc 6406 Addendum II Information report on parliamentary elections in Albania (31 March - 7 and 14 April 1991 (Rapporteurs: Mr PFUHL and Mr BOWDEN)

Doc 6603 Addendum I Information report on the elections in Albania (22 and 29 March 1992) (Rapporteur: Mr Stig GUSTAFSSON, Sweden, Social Democrat)

Doc 6638 Request for an opinion from the Committee of Ministers to the Assembly on the accession of Albania to the Council of Europe Resolution (92) 9 on Albania (adopted by the Committee of Ministers on 21 May 1992 at the 476th meeting of the Ministers' Deputies)

AS/Bur/Albania (44) 1 Report on human rights in the Republic of Albania prepared by Mr Loukis G. LOUCAIDES, Member of the European Commission of Human Rights and Mr Jerzy MAKARCZYK, Judge at the European Court of Human Rights

Doc 7304 Report on the application by Albania for membership of the Council of Europe (Rapporteur: Mr KELCHTERMANS, Belgium, Group of the European People's Party) (AS/Pol)

Doc 7338 Opinion on the application by Albania for membership of the Council of Europe (Rapporteur: Mr COLUMBERG, Switzerland, Group of the European People's Party) (AS/Jur)

Doc 7339 Opinion on the application by Albania for membership of the Council of Europe (Rapporteur: Mr RUFFY, Switzerland, Socialist) (AS/NM)

Opinion No 189 Application by Albania for membership of the Council of Europe (unanimously adopted by the Assembly on 29 June 1995 (22nd sitting))

Doc 7362 Communication from the Committee of Ministers Resolution (95) 8 inviting Albania to become a member of the Council of Europe (adopted by the Committee of Ministers on 10 July 1995 at the 541st bis meeting of the Ministers' Deputies)

Ratification of statute: 13 July 1995

* * *

Doc 7587 Recent parliamentary elections in Albania (Rapporteur: Lord FINSBERG, United Kingdom, European Democratic Group)

Doc 7592 Opinion on the recent parliamentary elections in Albania (Rapporteur: Mr COLUMBERG, Switzerland, Group of the European People's Party)

Res 1095 (1996) Recent parliamentary elections in Albania (adopted by the Parliamentary Assembly on 26 June 1996 at the 21st sitting)

Order 524 (1996) Recent parliamentary elections in Albania (adopted by the Parliamentary Assembly on 26 June 1996 at the 21st sitting)

Addendum III to Doc 7633 Information report on Albania (Rapporteur: Mr RUFFY, Switzerland, Socialist Group)

Doc 7699 Addendum I Addendum I to the progress report of the Bureau of the Assembly and the Standing Committee - Information report on local elections in Albania (20-27 October 1996) (Rapporteur: Sir Russell JOHNSTON, United Kingdom, Liberal, Democratic and Reformers' Group)

* * *

Rec 1312, Res 1114 (1997) Honouring of obligations and commitments by Albania Doc 7716 (Rapporteur: Mr COLUMBERG, Switzerland, Group of the European People's Party) (adopted by the Parliamentary Assembly on 29 January 1997 at the 5th sitting) Doc 7738 Opinion on the honouring of obligations and commitments by Albania (Rapporteur: Mr VAN DER LINDEN, Netherlands, Group of the European People's Party) (AS/Pol)

AS/Bur/Alb (1997) 01 Ad hoc Committee of inquiry into the state of emergency in Albania - Information report on the visit to Tirana (6-7 March 1997)

Recommendation 1316 (1997) State of emergency in Albania (adopted by the Standing Committee on 19 March 1997) Doc 7780 (Rapporteur: Mr van der Linden) (AS/Pol)

Rec 1328 (1997) State of emergency in Albania - Doc 7806 (Rapporteur: Mr VAN DER LINDEN) (AS/Pol) Doc 7807 opinion (Rapporteur: Mr IWINSKI) (AS/PR) Doc 7810 opinion (Rapporteur: Mr Ruffy) (AS/NM) - CR 1997/15

Dir 532 (1997) State of emergency in Albania - Doc 7806 (van der Linden) - CR 1997/15

Doc 7830 Addendum II Information report on the visit of the ad hoc Committee of Chairmen of Political Groups to Albania (4-5 May 1997) (Rapporteur: Mr Peter SCHIEDER, Austria, Socialist Group)

AS/Bur/AHALB (1997) 4

Doc 7902 Addendum I Information report on the parliamentary elections in Albania (29 June and 6 July 1997) (Rapporteur: Mr HADJIDEMETRIOU)

Res 1133 (1997) Situation in Albania Doc 7892 (Rapporteur: Mr VAN DER LINDEN, Netherlands, Group of the European People's Party) (AS/Pol)

AS/Bur/AHGP (1997) 5 Draft report on the visit to Albania (19-21 November 1997) (Rapporteur: Lord RUSSELL-JOHNSTON, United Kingdom, Liberal Group)

Doc 7978 Addendum II to the Progress Report Visit to Albania by the Ad Hoc Committee of Chairmen of Political Groups (19-21 November 1997) (Rapporteur: Lord Russell-Johnston, United Kingdom, Liberal, Democratic and Reformers Group)

Doc 7978 Addendum IV to the Progress Report Tri-Parliamentary Mission to Albania (22-23 January 1998) (Mrs Leni Fischer, President of the Assembly)

AS/Bur (1998) 90

Doc 8195 Addendum I to the Progress Report Second tri-parliamentary mission to Albania (29 and 30 June 1998) (Rapporteurs: Mr René van der Linden, Netherlands, European Democratic Group and Mr Jordi Sole Tura, Spain, Socialist Group)

Rec 1386 (1998) Latest developments in Albania - Doc 8208 (Van der Linden) - CR 1998/31

Doc 8211 rev. Joint Council of Europe-EU-OSCE-WEU Declaration on Albania

Doc 8292 Addendum III Information report on the referendum in Albania (22 November 1998) (Mr Victor Ruffy, Switzerland, Socialist Group and Mr Charles-Ferdinand Nothomb, Belgium, Group of the European People's Party)

Rec 1398 (1999) Situation of children in Albania - Doc 8284 (Mrs Pozza Tasca) - CR 1999/8

Dir 548 (1999) Emergence of a "culture of children" in Albania - Doc 8284 (Mrs Pozza Tasca) - CR 1999/8

APPENDIX II

Programme of the visit to Albania

(24-26 February 1999)

Wednesday 24 February

Afternoon       Arrival of the delegation at Rinas Airport 

4.00pm       Meeting with Ambassadors:

the Head of the OSCE Presence in Albania and the Special Representative of the Secretary General of the Council of Europe

5.00pm       Meeting with leaders of the main political parties

7.00pm        Meeting with the Speaker of the Parliament, Dr. Skender Gjinushi

8.30pm        Working dinner with the Albanian Parliamentary Delegation to the Parliamentary Assembly

Thursday 25 February

8.30am       Meeting with the leader of the opposition, Dr. Sali Berisha

10.00am       Meeting with representatives of the media

11.00am       Meeting with the Chairman of the Court of Cassation, Mr Avni Shehu

12.00am       Meeting with the Prosecutor General, Mr. Arben Rakipi

4.30pm       Meeting with the Chairman of the Constitutional Court, Mr Abdiu

5.30pm       Meeting with the Minister of the Interior, Mr. Petro Koci

6.30pm       Meeting with the Minister of Justice, Mr. Thimio Kondi

8.00pm       Meeting with the Special Representative of the Secretary General of the Council of Europe, Mr. Andreas Papaconstantinou

Friday 26 February

9.00am       Meeting with the Minister of Foreign Affairs, Mr Paskal Milo

10.00 am       Meeting with the Prime Minister, Mr Pandeli Majko

11.00am       Meeting with the President of the Republic of Albania, Mr Rexhep Meidani

afternoon       Departure.

APPENDIX III

Programme of the visit to Albania

(5 – 7 July 1999)

Monday 5 July

Afternoon        Arrivals at Rinas airport

6.00 pm       Meeting with Mr Namik DOKLE, Deputy Speaker of the Parliament, Head of the Albanian Delegation to the Parliamentary Assembly of the Council of Europe

7.00 pm       Meeting with Mr Sokol COMO, Deputy Minister of Justice

8.30 pm       Working dinner offered by Mr Namik DOKLE. Invited are: Mr SOLE TURA, Mr SMORAWINSKI, Mr EÖRSI, Mrs AKANT, Mr Genc POLLO, Mr Jonuz BEGAJ, Mr Haxhi ALIKO, Mr Leon SHESTANI (Villa 31)

Tuesday 6 July

9.00 am       Meeting with Mr Musa ULQINI, Minister of Information

10.00 am       Meeting with Mr Spartak POCI, Minister of Public Order

11.00 am       Meeting with Mr Paskal MILO, Minister of Foreign Affairs

12.00 am       Meeting with Mr Pandeli MAJKO, Prime Minister

1.00 pm       Meeting with Mr Arben RAKIPI, General Prosecutor Free lunch

2.30 pm       Meeting with Mr Vasil MELO, Mr Skender GJINUSHI, and Mr Neritan CEKA, representatives of the government coalition parties

4.00 pm       Meeting with Mr Zef BUSHATI, Mr Teodor LACO and Mr Remzi NDREU, representatives of "Union for Democracy"

5.00 pm       Meeting with Mr Sali BERISHA, President of the Democratic Party

6.00 pm       Meeting with Mr Micheal PERETTI (EU), Mr Hasim UKTAN (UNHCR), Mr Daan EVERTS (OSCE), Mr Alain LABROT (MAPE) and Mr John REITH (AFOR)

8.00 pm       Working dinner with the Ambassadors of France, Switzerland, Poland, Hungary, Germany, Austria and the Chargé d'Affaires of Italy, hosted by the Special Representative of the Secretary General of the Council of Europe

Wednesday 7 July

10.00 am       Meeting with Mr Fehmi ABDIU, Chairman of the Constitutional Court

11.00 am       Meeting with Mr Rexhep MEIDANI, President of the Republic

Afternoon        Departure from Tirana

APPENDIX IV

Programme of the visit to Albania

(24-28 May 2000)

Wednesday 24 May

Afternoon        Arrival at Rinas Airport

06.00 pm       Meeting with Mr Robert Owen, Deputy Head of the OSCE Presence and Mr Micheal Peretti, Head of the European Commission Delegation

Thursday 25 May

7.00 am        Departure to Shkodra

10.30 am       Meeting with Mr Gjok Jaku, Prefect of the district of Shkodra

11.30 am       Meeting with Mr Bahri Borici, Mayor of Shkodra

12.45 pm       Meeting with Mr Arben Zylyftari, Head of the Police

1.45 pm       Meeting with Mr Dashmir Dini, Chairman of the Socialist Party

2.30 pm       Meeting with Mr Astrit Bushati, Chairman of the Democratic Party

4.00 pm       Return to Tirana

7.00 pm       Meeting with, Mr Mario Bova, Italian Ambassador and Mr Robert Owen, Deputy Head of the OSCE Presence

Friday 26 May

09.00 am       Meeting with MM. Spartak Poçi and Sabri Lapi, judges at the Constitutional Court

10.00 am       Meeting with Minister of Justice, Mr Ilir Panda

11.00 am       Meeting with Deputy Minister of Foreign Affairs, Mr Pellumb Xhufi

12.00 noon       Meeting with Deputy Minister of Public Order, Mr Bajram Yzeiri

01.00 pm       Meeting with Chairman of Albanian Delegation to the Parliamentary Assembly of the Council of Europe, Mr Namik Dokle

02.00 pm       Meeting with MM. Jorgo Dhrami and Agron Caushi, Deputy Ombudsmen

06.00 pm       Meeting with State Minister, Mr Ilir Zeta

06.45 pm       Meeting with the President of the Republic, Mr Rexhep Meidani

8.00 pm       Working dinner with Albanian Delegation to the Parliamentary Assembly of the Council of Europe

Saturday 27 May

10.00 am       Meeting with representatives of the Socialist Party

11.00 am       Meeting with Mr Sali Berisha, President of the Democratic Party and other representatives

12.00       Representatives of the media

Sunday 28 May

      Departure from Rinas Airport

APPENDIX V

1999 Annual report on Activities for the Development

and Consolidation of Democratic Stability

as regards Albania

(ADACS)¹⁴

INTRODUCTION

Further to the prioritisation by the Committee of Ministers, a very ambitious programme, consisting of more than 160 activities, was developed for Albania for 1999. The Council of Europe emphasised in particular activities ensuring legislative compatibility with the new Constitution of November 1998, as well as with the European Convention of Human Rights.

The Third Joint Programme for Albania between the European Commission and the Council of Europe played a very visible role, in particular, through its ambitious activities for legal system reform. The Council of Europe assisted with the drafting of a number of essential laws, such as the law on the Supreme Court, the electoral law and the law on State Police. The Council of Europe took part in the examination of judges’ competencies in May 1999 and organised two major conferences on Albanian legal system reform during 1999 (18-19January in Strasbourg and 18-19 November in Tirana).

However, the war over Kosovo, which started on 24 March 1999, led the Council of Europe to redirect its efforts to helping Albania cope with the influx of some 450,000 refugees. The Council of Europe offered assistance with the monitoring of the refugees registration and issuance of identity cards, provided awareness and training for NGOs dealing with human rights violations, offered assistance with the education of Kosovar children and established measures against trafficking of women.

The Secretariat Office in Tirana continued to play a very important role in the co-operation with Albania, particularly in times of crisis (as had been the case in September 1998). Mr Andreas PAPACONSTANTINOU finished his term as Special Representative of the Secretary General in Albania on 31 March 1999. Ms Reyhan AKANT succeeded him until 31 December 1999.

Most of the obligations and commitments undertaken at Albania's accession to the Council of Europe in 1995 are now completed. In particular the Framework Convention for the Protection of National Minorities was ratified by the Albanian Parliament on 3 June 1999 and the European Charter of Local Self-Government on 11 November 1999.

An important obligation that needs still to be honoured is the signature and ratification of Protocole N° 6 to the European Human Rights Convention. On 10 December 1999, however, further a request for clarification by the Supreme Court, the Albanian Constitutional Court declared the death penalty unconstitutional. Considering this positive development the Council of Europe started to prepare a major campaign of public awareness raising against the death penalty.

Human rights

10-16/04/1999 Preliminary mission to assess contribution of Council of Europe in protecting and promoting human rights in the context of the refugee influx from Kosovo.

26-30/04/1999, Tirana – Training course on human rights for students and lecturers at the School of Magistrates.

26/04-31/05/1999 Training programme for members of Albanian NGOs in interviewing refugees from Kosovo on Human Rights violation.

03-04/05/1999, Strasbourg – Study visit in the framework of preparation for the ratification of the Revised European Social Charter, for the Minister of Labour and Social Affairs of Albania.

      Joint Programme EC/CoE

12-16/04/1999, Paris – Study visit to Paris by two Albanian officers in connection with the activity on “Police and Human Rights, 1997-2000”.

08-10/11/1999, Strasbourg – Study visit by the Albanian Government Agent, in connection with the assistance granted to the Office of the Government Agent representing Albania before the European Court of Human Rights.

      Voluntary contribution

08-10/04/1999, Tirana – Conference on « police combatting violence against women ».

05/07/1999, Elbasan – Training programme for members of Albanian NGOs on evaluating and documenting human rights abuses.

20-22/07/1999, Tirana – Workshop for members of Albanian NGOs on techniques for drafting human rights reports.

Equality

May-August 1999 – Prevention campaign against trafficking in human beings for the purpose of sexual exploitation, in particular women and girls, including in the refugee camps.

13-14/12/1999, Tirana – Seminar on the prevention of trafficking of human beings for the purpose of sexual exploitation.

Media

04/10/1999, Tirana – Advisory mission to the National Radio and Television Council of Albania on the establishment of its secretariat.

23-24/11/1999, Tirana – Seminar on freedom of expression, for policy makers in the media field and public information officers.

      Training programme for media professionals

01/05–31/12/1999, Tirana – Contribution to a training programme for young journalists, organised by the Alternative Information Network (AIM).

10-12/11/1999, Tirana – Contribution to a seminar on access to information, organised in co-operation with the European Journalism Centre.

Education

07/01/1999, Vienna – Seminar for Albanian multipliers (preparatory meeting).

14-21/03/1999, 27-29/03/1999, Tirana and Vienna – Democratic change in Albania - School and Community Based Initiative. Training activities.

07-12/04/1999, Vienna – Democratic change in Albania – School and Community Based Initiative. Training activities.

19/04/1999, Strasbourg – Democratic change in Albania – School and Community Based Initiative. Consultation meeting (Albania, the "Former Yugoslav Republic of Macedonia", Kosovo).

17/05/1999, Strasbourg – Democratic Change in Albania – School and Community Based Initiative – Steering Group meeting.

24/08-03/09/1999, Tirana – Democratic Change in Albania – School and Community Based Initiative. Training activities.

21-23/09/1999, Tirana – Seminar on “Textbook writing concerning modern languages”.

06-08/10/1999, Tirana – Seminar « the reform of history teaching : curriculum, textbooks and teacher training ».

10/11/1999, Vienna - Democratic Change in Albania - School and Community Based Initiative (preparatory meeting).

25-28/11/1999, Tirana – Exploratory visit for the development of a site of citizenship.

Youth

27/02–7/03/1999, Durrës – Training Course for Albanian Youth NGO Leaders and Civil Servants in charge of Youth Questions.

02-09/11/1999, Tirana – Assistance on elaboration of a draft law concerning youth.

Social Issues

17-18/11/1999, Tirana – National Round Table on Integration and Community Relations in Albania.

25-26/11/1999 Tirana – Expert visit assisting in defining a social security Framework in Albania compatible with the European Code of Social Security.

Local authorities

09–10/03/1999, Tirana – Meeting on the restructuring of the Albanian Ministry of Local Authorities.

13-18/09/1999, Tirana – Assistance with the elaboration of the draft law on the Organisation and Functioning of Local Government, and the draft law on local Governement Budget for Albania.

       Co-operation with CLRAE

16/06-31/07/1999, – Congress of Local and Regional Authorities in Europe initiative to provide help for municipalities hosting refugees in Albania.

26/07-15/08/1999, –Expert mission for the Task Force on Decentralisation headed by the Albanian Vice-Minister of Local Authorities.

16-17/11/1999, Tirana – National Conference on the Albanian Strategic Decentralisation Plan.

Legal co-operation

26-27/1/1999, Tirana – Seminar on the role of the Ministry of Justice in a State governed by the rule of law.

05-06/02/1999, Tirana – Legal expertise on the draft law "on protection of personal data and the right to information on data of public interest".

23-24/02/1999, Tirana – Seminar on the ethical and organisational aspects of health care in prisons.

11-18/04/1999, Tirana – Emergency measures for refugees from Kosovo. Expert advice on setting up the system to register refugees and establish their identity.

27/04-04/05/1999, Albania – Legal advice on the registration of refugees.

17-20/05/1999, Albania – Legal advice on the registration of refugees from Kosovo.

18/05-09/06/1999, Paris and Strasbourg – Training programme for the Director of the State Publications Centre at the "Direction des Journaux officiels" and visit to the Council of Europe.

22/06-03/08/1999 – Monitoring of the registration of Kosovar refugees (in co-operation with UNHCR)

06-09/07/1999, Lisbon – Study visit on extradition for a member of the Department of external relations of the Ministry of Justice.

07/1999 – Expertise on the draft statute of civil service.

07/1999, Strasbourg – Study visit for the Minister of Justice from Albania.

26-27/08/1999 – Expert mission on a training curriculum for bailiffs.

16/09/1999, Tirana – Seminar on « Setting up sections for minors in the courts ».

18-19/11/1999, Tirana – Second conference on legal system reform.

08-10/12/1999, Tirana – Seminar on the application for the European Convention on criminal matters.

      Joint Programme EC/CoE

18-19/01/1999, Strasbourg – First conference on the reform of the judicial and legal system in Albania.

18/01-26/02/1999, Strasbourg – Study visit of the Director of Foreign Relations of the Ministry of Justice.

19-20/2/1999, Tirana – Expert mission on electoral legislation.

22-25/02/1999, Tirana – Meeting on the definition of the modalities of an evaluation of the qualification of judges.

24-25/02/1999, Tirana – Seminar on health care in prisons.

26/02/1999, Tirana – Meeting of the steering Group for prison reform in Albania.

15-17/03/1999, Tirana – Expert meeting on the "Organisation of the judicial system".

18-19/03/1999, Strasbourg – Expert meeting on the draft law on the prosecution office.

01-02/04/1999, Rome – Expert meeting on the training of prison staff.

03-04/05/1999, Strasbourg – Expert meeting on evaluation of the judge's qualification.

May 1999 – Expertise on the draft law on the State Police.

09/05 and 15/05/1999 – Participation in the monitoring of the qualifying examination for judges..

27-28/05/1999, Strasbourg – Seminar on the execution of court decisions in civil and commercial cases.

01-02/06/1999, Rome – Meeting of experts on the draft law on the organisation of the Ministry of Justice.

04-05/06/1999, Tirana – Seminar on the reform of the law on the Supreme Court.

12-18/06/1999, Sweden – Study visit to establish a system for treating data.

30/05-06/06/1999, Brussels – Training course for ten lawyers from the Albanian Bar Association and one interpreter, held in co-operation with the Council of the Bars of the European Community (CCBE).

23-30/06/1999, Strasbourg, Stuttgart (D) and Zurich (CH) – Study visit for 23 students from the School of Magistrates.

16-27/08/1999, Straubing (D) – Study visit for prison staff.

09/1999 – Expertise on the draft law on the Supreme Court.

06-07/09/1999, Newbold Reval (GB) – Study visit for prison staff.

25/09-01/10/1999, Kaliez (PL) – Study visit for prison staff.

06-15/10/1999, Rome – Study visit for prison staff.

26-28/10/1999, Tirana – Steering Group for prison reform in Albania.

01-03/11/1999, Tirana – Meeting of the Committee of experts in charge of carrying out a global analysis of the training curriculum in initial and continuous training of magistrates.

01-03/11/1999, Tirana – Meeting of the expert group in charge of setting up a general analysis of the initial and continuous training programme for magistrates.

03-04/12/1999, Tirana – Albanian national judicial Conference.

06-08/12/1999, Munich (D) –Study visit for five Court registrars.

08-09/12/1999, Tirana – Meeting of experts to examine the draft of the future Albanian family act.

13-15/12/1999, London – Study visit on the media for the spokesman of the Ministry of Justice.

      Voluntary contribution

15/02/1999, Paris – Meeting of experts on the draft law on the organisation of the Office for State Publications.

Civil Society

15-16/10/1999, Tirana – Meeting on “NGO partnerships helping to strengthen democracy” organised by the European Centre for Non-Profit Organisations (CEAVA).

Legislative expertise

01-02/06/1999, Rome – Expert meeting on the draft law on the organisation Justice in Albania.

04-05/06/1999, Tirana – Expert meeting for the reform of the law on the Supreme Court

Minorities

Joint Programme EC/CoE

14-18/06/1999, Budapest and Prague (CZ) – Study visit on the work and functioning of governmental offices for national minorities.

APPENDIX VI

Treaties of the Council of Europe

Signed but not ratified by Albania

Ets No.       Treaty, Date of Signature

051       The European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, 9 June 2000

062       The European Convention on Information on Foreign Law, 9 June 2000

070        The European Convention on the International Validity of Criminal Judgments, 9 June 2000

090       European Convention on the Suppression of terrorism, 4 April 2000

092       The European Agreement on the Transmission of Applications for Legal Aid, 9 June 2000

097       The Additional Protocol to the European Convention on Information on Foreign Law, 9 June 2000

106       European Outline Convention on Transfrontier Co-operation Between Territorial Communities or Authorities, 7 May 1999

132       European Convention on Transfrontier Television, 2 July 1999

135       Anti-Doping Convention, 2 February 1995

141       Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime, 4 April 2000

159       Additional Protocol to the European Outline Convention on Transfrontier, Co-operation Between Territorial Communities or Authorities, 7 May 1999

163       European Social Charter (Revised), 21 September 1998

165       Convention on the Recognition of Qualifications concerning Higher Education in the European Region, 4 November 1999

166       European Convention on Nationality, 7 May 1999

169       Protocol No 2 to the European Outline Convention on Transfrontier Co-operation Between Territorial Communities or Authorities, 7 May 1999

173 Criminal Law Convention on Corruption, 27 January 1999

174       Civil Law Convention on Corruption, 4 April 2000

Treaties of the Council of Europe

ratified by Albania

Ets No.       Treaty, Date of Signature

001       Statute of the Council of Europe, 13 July 1995

002       General Agreement on Privileges and Immunities of the Council of Europe, 4 June 1998

005       Convention for the Protection of Human Rights and Fundamental Freedoms, 2 October 1996

009       Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, 2 October 1996

010       Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, 4 June 1998

018       European Culture Convention, 25 June 1992

022       Second Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, 4 June 1998

024       European Convention on Extradition, 19 May 1998

030       European Convention on Mutual Assistance in Criminal Matters, 4 April 2000

036       Fourth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, 4 June 1998

044       Protocol No 2 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Conferring upon the European Court of Human Rights Competence to give Advisory Opinions, 2 October 1996

045       Protocol No 3 to the Convention for the Protection of Human Rights and Fundamental Freedom, Amending Articles 29, 30 and 34 of the Convention, 2 October 1996

046       Protocol No 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Securing Certain Rights and Freedoms other than those Included in the Convention and in Protocol No 1, 1, 2 October 1996

055       Protocol No 5 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Amending Articles 22 and 40 of the Convention, 2 October 1996

073       European Convention on the Transfer of Proceedings in Criminal Matters, 4 April 2000

086       Additional Protocol to the European Convention on Extradition, 19 May 1998

098       Second Additional Protocol to the European Convention on Extradition, 19 May 1998

099       Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, 4 April 2000

104       Convention on the Conservation of European Wildlife and Natural Habitats, 13 January 1999

112       Convention on Transfer of Sentenced Persons, 4 April 2000

117       Protocol No 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms, 2 October 1996

118       Protocol No 8 to the Convention for the Protection of Human Rights and Fundamental Freedoms, 2 October 1996

120       European Convention on Spectator Violence or Misbehaviour at Sports Events and in particular at Football Matches, 28 September 1999

122       European Charter of Local Self-government, 4 April 2000

126       European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 2 October 1996

137       Fifth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, 4 June 1998

151       Protocol No 1 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 2 October 1996

152       Protocol No 2 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 2 October 1996

155       Protocol No 11 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, Restructuring the Control Machinery Established Thereby, 2 October 1996

157       Framework Convention for the Protection of National Minorities, 28 September 1999

162       Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, 4 June 1998

Appendix VII

State of play in respect of honouring

obligations and commitments

Implicit commitments	Source	Honoured	Measures taken	Not honoured
Policy towards minorities	Opinion 189 Par 13		- Letter 13.02.95 by the Speaker Albanian Parliament - Convention ratified
Accept rule of law and enjoyment of Human Rights and collaborate in realisation of CE aims	Par 16
Commitments
Sign and ratify ECHR and Protocols 1,2,4,7 and 11	Par 17 i.	Ratified	ECHR and Protocols ratified on 02.10.96
Sign, ratify and apply Protocol 6 within 3 years and respect moratorium	Par 17 ii.	signed : 04.04.2000	Moratorium for 3 years on 29.06.95	Protocol not ratified
Sign and ratify Torture Convention within 1 year	Par 17 iii.	Ratified: 02.10.96
Sign and ratify Minorities Convention within 1 year	Par 17 iv.	Ratified : 28.09.99
Freedom of expression	Par 17 v.		Law on electronic media 30.09.98
Transform Prosecutor’s Office	Par 17 vi.		Bill in preparation
Independence of judiciary	Par 17 vii.		Law on organisation of judiciary: Dec. 1998
Establish Constitutional Commission	Par 17 viii.	Constitution approved: 22.11.98	Constitution Committee established 1997
Settle international disputes by peaceful means	Par 17 ix.		Full co-operation with international community
Co-operate in monitoring process	Par 17 x.		Full co-operation
Study Social Charter Local Self Government Ch. Minority Languages Ch.	Par 17 xi.	- Ratified : 4.4.200	- Signed: 21.09.98	Social Charter not ratified Minority Languages not signed
Study 4 CE Conventions on penal law	Par 17 xii.	Ratified: Extradition, Assistance and Transfer Conventions
Sign and ratify Privileges Agreement within 1 year	Par 17 xiii.	Ratified: 04.06.98

Reporting committee: Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe.

Reference to committee: Resolution 1115 (1997) of 27 January 1997.

Draft resolution unanimously adopted by the committee on 9 June 2000.

Members of the committee: MM. Mota Amaral (Chair), Sole Tura, Sinka, Ms Severinsen (Vice-Chairs), Ms Akgönenç, MM. Atkinson, Attard-Montalto, Bársony, Baumel, Bindig, Christodoulides, Dagys, Davis, Demetriou, Diana, Dumitrescu, Ms Durrieu, MM. Enright, Eörsi, Evangelisti, Eversdijk, Ms Feric-Vac, MM. Frey, Frunda, Gjellerod, Gross, Gürkan, Gusenbauer, Haraldsson, Holovaty, Irmer, Ivanenko, Jansson, Jaskiernia, Jurgens, Ms Kautto, MM. Kostytsky, Koulouris, Kuzmickas, van der Linden, Magnusson, Marmazov, Moreels, Myrvoll, Nedelciuc, Ms Nemcova, MM. Pahor, Pollo, Pollozhani, Ms Poptodorova, Mr Ramirez Pery, Ms Ringstad, MM. Saakashvili, Saglam, Sehnalova, Shaklein, Smorawinski, Soendergaard, Solonari, Steolea, Ms Stoyanova, MM. Surjan, Taylor, Vahtre, Vella, Weiss, Ms Wohlwend, Mr Zierer.

N.B. The names of those members who took part in the meeting are printed in italics.

Secretaries to the committee: Mr Ausems, Mr Dufour, Ms Chatzivassiliou and Ms Trévisan.

¹ For example, the 1999 annual report on Activities for the Development and Consolidation of Democratic Stability

(ADACS) as regards Albania appears in Appendix V.

² See Information Report on the parliamentary elections in Albania, Doc 7902, Addendum I.

³ The current coalition is composed of the Socialist Party, Social Democratic Party, Democratic Alliance, Human Rights Party and Agrarian Party.

⁴ A mission composed of delegations of the Council of Europe Parliamentary Assembly, the OSCE Parliamentary Assembly and the European Parliament. See Addendum IV to the Progress Report, Tri-Parliamentary Mission to Albania, Doc 7978 Addendum IV.

⁵ See Addendum I to the Progress Report, Second tri-parliamentary mission to Tirana, Doc 8195 Add I

⁶ MM. Pollo, Demi, Shehu, Xhaferri and Vejsiu

⁷ One of the demonstrators was found dead 6 hours after the rally but this seems not to be directly connected to the demonstration.

⁸ See Information Report on the referendum in Albania, Doc.8292, Addendum III.

⁹ The six DP members were released from house arrest on 22 February 1999.

¹⁰ Mr Shehu told the co-rapporteurs that he became a judge in the Court of Cassation in 1987 and president of that Court in 1995, with a mandate of 7 years. In accordance with the new Constitution, the Court of Cassation became the Supreme Court in December 1998 with Mr Shehu as President. On 7 May 1999, he was told that his mandate was finished, but he was not given a written decision. On 21 May 1999 a new president was elected by Parliament. Mr Shehu appealed at the Constitutional Court, which rejected his request.

¹¹ In May 2000, the Deputy Minister of Public Order said that in March and in April 2000 as many weapons had been collected as over the whole year 1999.

¹² See Information Report on the local elections in Albania, Addendum I to the Activity Report, Doc 7699 Addendum I.

¹³ On 19 July 1999, an agreement was signed in Tirana for a loan of $40 million. Since 1991, Albania has received loans totalling $482 million from the World Bank.

¹⁴ Document prepared by the Directorate General of Political Affairs and published in February 2000