CONSTITUTION OR ELECTIONS - THAT IS THE QUESTION
AIM Tirana, 30 January, 1998
Despite repeated demands of the opposition, especially the Democratic Party of former president Sali Berisha, it seems that early elections are further and further away from the horizon of the stormy political scene in Albania. The joint delegation of three European parliaments (European Parliament, Parliamentary Assembly of the Council of Europe and OSCE Parliamentary Assembly), during their visit to Albania in the end of January, not without nervousness, gave up on diplomatic terminology and "rejected suggestions for early parliamentary elections". This demand was made by the opposition towards the end of last year, just a few months after June elections in which former president Berisha lost power.
In the end of September 1997, the opposition abandoned the parliament after a deputy of the Socialist majority had wounded one of the leaders of the opposition with a gun right in the parliament building. After that, Berisha boycotted the process of drafting the new constitution, almost blocking it, making Albania the only former communist country which has not managed to adopt the new constitution, not even seven years after the fall of communism. Not long after that, the demand for new parliamentary elections arrived, and the Democrats even set the date for them - 22 March. Every day at noon, at endless press conferences, the former president who is refusing to accept the fact that he had lost power, demanded overthrowing of the current government and establishing of a technical government which would prepare the fifth in a row parliamentary elections in the seven years of multiparty system in Albania.
And just as it has become customary in Albania to have foreigners resolve internal political disagreements, it was necessary for the delegation of the European parliamentary "three" to come in order to disperse the political mist concerning new elections which the opposition was already hurriedly preparing for. New elections would be an excessive luxury for demolished Albania, declared one by one all those who visited this country in these cold winter days.
1999 - Year of Constitution or Elections?
That is the question. On the last day of last year, Albanian President Mejdani declared for the press that "1998 will be the year of the Constitution for the Albanians". His predecessor, nowadays the leader of the opposition, at the first press conference, declared to the journalists that they were "completely ready and sure of a great victory in the new elections this year".
The Democratic Party corroborates the need for new elections by the lack of stability in the country due to the high level of crime, failure to collect about one million pieces of arms which are still held by the civilian population, as well as due to accusations of the current civil servants for corruption and participation in illegal trade, which did not bypass even the highest state officials. The parliament which was in the beginning recognized by the Democrats, is nowadys considered to be illegitimate. However, just a few hours after such declarations, the predecessor of Sali Berisha at the post of the president of the Democratic Party, Trihan Shehu, declared that "it would be good if the elections which Berisha and persons around him demand be scheduled after the Constitution is adopted. The elections are not the only solution, but they are one of the reasons for agitation of the political climate in the country once again". This idea was confirmed by former deputy prime minister of Berisha's administration, Bashkim Kopliku when he said that "in 1998, Albania should get its constitution". The country does not need new elections. The political group called the United Albanian Right formed of rightist traditional parties which have several deputies in the parliament, consider the declaration on scheduling new elections "a destructive and adventuristic stand".
The Albanian parliament, due to this demand, is forced to work only on adoption of laws necessary for functioning of everyday life, while the parliamentary commission for the constitution has remained practically blocked.
Passing by the Stalemate
In mid January, it seemed that the Albanian political life was coming to a s stalemate. When the opposed political parties in the country took positions on two opposite sides of the barricade consisting of the issue of the elections, intervention of international institutions was necessary to prevent this wall from growing. The president of the Venice Commission "Democracy via Law", Antonio la Pergola, was the first who declared that "the Albanian parliament is legitimate. The constitution must be passed by the parliament via its commission". On the other hand, director of the OSCE Office for Democratic Institutions (ODIHR), Gerard Studmann, demanded from prime minister Nano in Tirana "not to withdraw under the pressure of the Democratic Party. You should continue the program without that party, although you are faced with extra-institutional pressures". On the same day, in Bonn, Germany, there was ameeting of the political commission of the Parliamentary Assembly of the Council of Europe. In the discussion on joint initiative of the Council of Europe and OSCE on acceleration of the process of adopting the constitution in Albania, the main rapporteur for Albania, Van der Linden, referring to the political actions of the Democratic Party, declared that "there can be no democracy outside the parliament". On 22 January at the meeting of ministers of the European three in Warsaw, it was demanded that "the Democratic Party returns to the parliament". This party was called "to interrupt the boycott and to participate in the procedure for adoption of the constitution".
All these stands of the international community concerning the political behavior of the Democrats headed by Berisha were confirmed by the visit of the delegation of the Council of Europe, the European Parliament and the OSCE, on 22 and 23 January in Tirana. After recognizing legitimacy of the elections of 29 June 1997 and the parliament which resulted from them, in their declaration, they "rejected suggestions for new early parliamentary elections". After that, the three "called the political group headed by Berisha to interrupt the boycott of the parliament and participate in creation of the constitution". This document evaluated as the so far clearest political message given by the international institutions concerning Albania, in the most critical tone about political alternative of the former stubborn president, was read in Tirana by the chairman of the Parliamentary Assembly of the Council of Europe, Lennie Fisher, who used to be considered as one of the greatest supporters of former president Sali Berisha. The message is clear: in his demand for new elections, Berisha is not supported any more even by his most ardent supporters.
The statement of the three assemblies was accompanied that same evening by the statement of American State Department, which seems to have studied everything that was happening in Albanian policy and at the same time waiting for a resolute stand of Europe. Finally, on 27 January, at the seat of EU in Brussels, a session of political dialogue was organized for 15 foreign ministers of member countries and the Albanian delegation. "The Democratic Party should participate in the work of the parliament and in the process of drafting the constitution", it was said then.
After this series of declarations, the Democrats and their leader Berisha, moderated their tone concerning their return to the parliament after having boycotted it for four months, without even repeating the demand for new parliamentary elections. It is, therefore, expected that there will be no more empty seats in the Albanian parliament as of next week.
Elections Withdrawing from the Horizon
After this political Odyssey, it seems that the clouds of new elections have dispersed from the stormy horizon of the Albanian political scene. It is now certain that the Constitution will be the topic of a great debate. Berisha has already once come out of this game defeated in 1994, when about 60 per cent of the Albanians rejected the project presented by him at the constitutional referendum. Chances for creation of the new constitution by mediation of some kind of constitutional assembly are small because the government coalition has international support to carry out this job according to the formula: constitutional commission - parliament - national referendum.
The referendum certainly remains, because the Albanians will not miss the opportunity to vote this year but not for early elections, but for the fundamental document of the state. Later on, perhaps the topic of new elections may be put on the agenda again.
AIM Tirana
Alfred PEZA