Social Studies Vol. 6, No. 1, 2012

Ali PAJAZITI & Hasan JASHARI • Irida LAÇI • Enkelejda CENAJ • Ledia HYSI • Lorenc XHAFERRAJ • Lorela HYSA • Jani SOTA • Elmaz SHERIFI • Jorida XHAFAJ & Eriona KATRO • Migena ALIMEHMETI • Lekë SOKOLI & Eurona LEKA & Jonida LAMAJ • Aurela BOZO & Klajdi MONE Studime Sociale Vëll. 6, Nr. 1, 2012

SOCIAL STUDIES / STUDIME SOCIALE

Vol. 6, No. 1, 2012 / Vëll. 6, nr. 1, 2012 DIRECTOR / DREJTOR LEKË SOKOLI EDITOR IN CHIEF / KRYEREDAKTOR SEJDIN CEKANI EDITORIAL BOARD / BORDI BOTUES SERVET PËLLUMBI ANJEZA HOXHALLARI Chariman KARL KASER MARTIN BERISHAJ NEVILA KOÇOLLARI ALBANA CANOLLARI PAJAZIT NUSHI TONIN ÇOBANI ALI PAJAZITI ZYHDI DERVISHI ROBERTO CIPRIANI KRISTO FRASHËRI GËZIM TUSHI ILIR GËDESHI ALFRED UÇI EGLANTINA GJERMENI BRUNILDA ZENELAGA

International Conference of Albanian Institute of Sociology; Albanian University; Mediterranean University of Albania

Tirana-Albania, 21-22 November 2011 (Proceedings, II)

ISBN: 978-9928-4000-3-1

© Albanian Institute of Sociology / Instituti i Sociologjisë

Ed: Lekë Sokoli Arti Grafik: Orest Muça

Scientific Journal, certified by the Highest Scientific Committee of the Republic of Albania; Decision no. 170, date 20th of December 2010

Contacts / Kontakte: Rruga “Abdyl Frashëri”, pall. 3/3, Tiranë Mobile: 0694067682; 0682236949; E-Mail: [email protected]; [email protected] www.instituti-sociologjise.al; MARRËVESHJE PËR BASHKËPUNIM INSTITUCIONAL

1. PALËT E MARRËVESHJES Sot më datë 14 01 2012, në Tiranë, nënshkruhet kjo marrëveshje bashkëpunimi ndërinstitucional ndërmjet ALBANIAN UNIVERSITY, përfaqësuar nga Rektori Prof. dr. Pavli KONGO, dhe INSTITUTIT TË SOCIOLOGJISË (ALBANIAN INSTITUTE OF SOCIOLOGY), përfaqësuar nga Drejtori Ekzekutiv i tij dr. Lekë SOKOLI, me qëllim mbështetjen reciproke, si dhe nxitjen e shkëmbimeve të eksperiencave sipas objektit të veprimtarisë së tyre, pa cënuar misionet respektive. Palët në këtë marrëveshje, bien dakort të bashkëpunojnë për realizimin e veprimtarive të poshtshënuara në varësi të burimeve dhe potencialit të disponueshëm nga secili institucion. 2. PARIMET E BASHKËPUNIMIT: Institucionet nënshkruese të kësaj marrëveshje konfirmojnë nevojën e përpjekjeve në drejtim të konsolidimit të vlerave kulturore, shkencore dhe akademike në vend, e cila ndikon pozitivisht në drejtim të forcimit të klimës së shtetit të së drejtës dhe impenjohen: 1. Të punojnë së bashku në frymën e barazisë, reciprocitetit, transparencës, lehtësimit të pjesmarrjes dhe zhvillimin e kapaciteteve të nevojshme në drejtimin e studimeve shkencore; 2. Të promovojnë iniciativat shkencore dhe të shkëmbimit kulturor me qëllim rritjen e kapaciteteve njerëzore në drejtimin e studimeve shkencore; 3. Të nxisin promovimin e standarteve më të larta në cilësinë e kërkimit si edhe të integritetit etik në punën kërkimore. 3. DREJTIMET E REALIZIMIT TË BASHKËPUNIMIT Bashkëpunimi ndërmjet dy institucioneve do të përfshijë dy drejtime. A) Bashkëpunimi i përgjithshëm institucional nëpërmjet: • Përcaktimit të fushave kërkimore me qëllim integrimin midis strukturave për aktivitetin didaktiko- teoriko-praktik, të zhvilluar në mbështetje të kurseve universitare dhe pasuniversitare; • Shkëmbimit të kapaciteteve të burimeve njerëzore të institucioneve në aktivitete didaktike, projekte të kërkimit shkencor me interes të përbashkët si: konferenca, seminare, bashkëbisedime me studentë të tjerë; • Mbështetjes së kërkimit shkencor të orientuar drejt praktikës duke u mbështetur nga metodologji të bazuara në vëzhgime të thelluara dhe të situatave komplekse, raste studimore, anketime ose racionalizëm të përvojës së akumuluar menaxheriale dhe konsultative të institucioneve; • Organizimit të përbashkët të kurseve specifike, trajnimeve, leksioneve të hapura apo seminareve në lidhje me tematika që kanë interes studimor ose praktik. • Shkëmbimit të materialeve dhe rezultateve të punës studimore dhe shkencore që realizohet në të dy institucionet; • Krijimit të lehtësive për kryerjen e praktikave mësimore të studentëve të “Albanian University” pranë institucionit përkatës; B) Bashkëpunimi në fushën e studimeve të doktoraturës do të konkretizohet nëpërmjet: • Mbështetjes dhe bashkëpunimit reciprok në organizimin e projektit kërkimor shkencor të Albanian University si dhe në organizimin e programeve të studimeve doktorale në fusha të ndryshme. • Gatishmërisë së Institutit të Sociologjisë për të mirëpritur studentët e regjistruar në programet e doktoraturës për të konsultuar materialet e ndryshme të institucionit me qëllim kërkimin shkencor sipas rregullave të këtij të fundit. • Mbështetjes dhe bashkë-udhëheqjes të studentëve të ciklit të tretë të studentëve të doktoraturës gjatë realizimit të projektit shkencor. • Krijimit të lehtësirave të nevojshme nga ana e institucionit për realizimin e studimeve të doktoraturës në Albanian University. NDRYSHIMI/REVOKIMI I MARRËVESHJES Çdo parashikim i kësaj marrëveshje mund të ndryshohet apo të revokohet në çdo kohë, pas një konsultimi dhe mirëkuptimi reciprok ndërmjet dy institucioneve. HYRJA NË FUQI Kjo marrëveshje hyn në fuqi menjëherë, pas nënshkrimit nga përfaqësuesit e institucioneve përkatëse. Nënshkruar në Tiranë më, 14 janar 2012.

Albanian University Instituti i Sociologjisë Rektori: Drejtori Ekzekutiv: Prof. Dr. Pavli KONGO Dr. Lekë SOKOLI Contents:

Lekë SOKOLI AIS as a new beginning of the development of sociology and social sciences in Albania...... 5 Ali PAJAZITI Higher education in the Republic & Hasan JASHARI of Macedonia: The challenges and the perspectives of the information society and the Bologna Proces...... 9 Irida LAÇI The travel of the mythological europe which marked our European identity...... 19 Enkelejda CENAJ Chains that cannot be easily broken: women and divorce in Albania...... 25 Ledia HYSI Migration, free Movement of persons and readmission agreements...... 35 Lorenc XHAFERRAJ Is decentralization in Kosovo delivering on its democratization?...... 43 Lorela HYSA Albania and its difficult road towards the European integration...... 51 Jani SOTA Austria-Hungarian role in opening and subsiding albanian schools in the Albanian lands during the Second Half of 19th Century until 1912...... 57 Elmaz SHERIFI Comparative assessment for Albanian Convention, Congresses and National Assemblies 1912-1920...... 67 Jorida XHAFAJ Freedom of Information an Internationally & Eriona KATRO protected human rights...... 75 Migena ALIMEHMETI Cognitive psychology as a key mechanism in the learning process...... 87 Lekë SOKOLI & Eurona LEKA Education and teaching in the perception of & Jonida LAMAJ albanian citizens and senior high school students - an empirical approach...... 97 Aurela BOZO & Klajdi MONE Social aspects of violence in family relations and their reflections in the enforcement of the albanian family legislations...... 105

Balkan Sociological Forum (BSF)...... 113 Statutes of the BSF...... 114 Founding members of BSF...... 118 Founding Representative Council of BSF...... 118

AIS AS A NEW BEGINNING OF THE DEVELOPMENT OF SOCIOLOGY AND SOCIAL SCIENCES IN ALBANIA

(Welcoming speech of the AIS 6th International Conference)

Lekë SOKOLI - Executive director of Albanian Institute of Sociology; Chair of the Organizing committee of 6th AIS International Conference (21-22 November 2011)

o the chair of Plenary Session: who have come from far and near, from Thank you very much professor. other Countries and from other cities of TLet me take it from here: Professor Albania as well. Welcome to Tirana – the Servet Pellumbi is a renowned professor city’s a bit noisy but is the City we love of politics, but what’s not well known with real love. Welcome to Tirana, the is the fact that, in 1986, with a semi Capital of the Republic of Albania, but legal permission, he began to teach also (let me call so) the ‘Capital Gate’ of here, in this very building, the very first the Albanian world, generally speaking. It sociology lesson in the history of Albanian is a well known fact that there are many universities. He was my professor too, more Albanians living abroad than inside right here, 25 years ago, and for that I can Albania itself. never thank you enough… And I’m also happy to bring to I am honored to address - on behalf you the greetings of all members of the of the Organizing Committee - this Albanian Institute of Sociology for non welcoming speech to the participants of member participants of this conference this Conference of the Albanian Institute as well as the greetings of sociological of Sociology and other well known community for non sociologists’ speakers institutions, Albanian University & of this conference. We can confirm now Mediterranean University – in my view - that the founding of the Albanian Institute all ‘five star’ partners. of Sociology, five years ago (exactly in this I would like to welcome you all, those date and time) was a New Beginning for

Social Studies 2012, 1 (6): 5-7  6  AIS as a new beginning of the development of sociology and social sciences in Albania the development of sociology and other Dear professors, colleagues and friends, social sciences in Albania; to confirm Our collective project is to develop that a great collective project was in sociology and social sciences in Albania, our Collective Mind of that time. We being conscious of the fact that our country have today an organized community of does not have a Long Tradition in the field. sociologists and social scholars and can Looking back at the second half of the say that the first five years history of the 20th Century, sociology was considered as Albanian Institute of Sociology has been hostile to the leading ideology. The fight a history of success. against sociology was also considered It is quite simple to measure the part of the so-called class struggle. And progress of an organization: count the we all know now what class struggle in number of members, participants and communist Albania meant. Let me examine registrants. The figures show, clearly, how a passage from the book “The Currents of few things have gone wrong and how Political and Social thought in Albania” many have gone right. Since its Embryonic a “prestigious” book of the Albanian Meeting of five years ago the AIS is Academy of Science of 1985, written just overgrown: from 35 founding members, Four Years before the collapse of the Berlin today there are 7-8 times more; in our 1st Wall. It referred to sociology, and I quote: Conference of 2007 there were only 12 authors. In this one there are about 230. The French sociologists Ogyst Comte is As far as Albania goes, we have broken known as the first Creator of the Bourgeois every record. Sociology. The positivist sociology of I would like to thank today all those Comte emerged as Reaction against who have inspired us, supported and helped Marxism, to reconcile the contradictions us throughout these years… We meet today between the proletariat and the bourgeoisie under the Symbolic shadows of some great class, to sabotage the war of the classes that professors from the 60 year old University was strengthening... of Tirana. Prof. Hamit Beqja was one of those who inspired us most, inspired... So, a reaction to Marxism; to sabotage to do Great Things. He was the ‘Invisible the class struggle…; this is obviously not Hand’ of the AIS; he was its Honorary the case. Because when Comte articulated President up to the last days of his life, the concept of “Sociology,” for the first two months ago (It’s still so hard to believe time (1824), Karl Marx was only six it). He was, he still is, and he will forever years old. In this book and others of that be, simply “Our professor”. time, sociology is considered Bourgeois, Every success holds its secrets. A big Reactionary, Racist, and Anti-humane part of it is the fact that in this institution, and even an Imperialist science. Even up the male members are the minority. The until 1990, all sociologists of the world female members account for more than 60 were considered dangerous; every school per cent. I would like to express a Special of thought was prohibited, except a local Thank You to the female members of the “Albanian version” of Marxism. No one AIS. In particular, I would like to thank referred to sociology as a science; sociology one of its founding members. She has been was totally excluded from the university involved in every detail of our collective curricula; there were no exchanges with projects, including this conference. Her the sociological community of the world name is Nora Malaj, the current Vice and so on. Minister of Education and Science. In this context, we can better Social Studies  Vol. 6  No. 1  7  understand the extraordinary efforts of (BSF), in order to establish a permanent those who have promoted sociology in cooperation between the current and future Albania, including the Albanian Institute national associations in Balkan countries, of Sociology and its members. Despite as well as between the Universities of the the difficulties, sociology exists now, even region; to organize the Annual Conference in Albania. Today we are an Organic Part (Congress) of BSF – which each country of the broader international community. would take turns hosting; to promote Since 2009, the Albanian Institute of activities and to exchange: programmes, Sociology has been a regular and collective professors, students, experiences, and more member of the International Sociological than this: responsibilities. I am deeply Association. I repeat: a “Collective and moved by the strong support we have regular member of the ISA, the highest received from the National Associations possible status of membership in this of Balkan countries, universities, and organization. Only 57 organizations personalities, beginning with Michael worldwide have achieved this status. Burawoy, the present President of the Based on this experience, we can International Sociological Association, openly declare our strategy for the near who has extensively supported this “great future. First, we aim to become the most initiative” (as he said). And Professor democratic institution in the world (don’t Burawoy, one of the greatest social scholars be too surprised). In a country eager of our time, is the newest Member of the for democracy - a democratic model Albanian Institute of Sociology. matters. Secondly, we intend to double I would like to thank all of the our members (in good standing) over institutional partners of the Albanian the next two years, so up to the next Institute of Sociology, such as: Marin Assembly of 2013. Thirdly, we intend Barleti University, Aleksander Moisiu to create a special School of Thought in University of Durres, Kristal University Tirana, a school of sociology and social and others, including the perfect organizers sciences, as well. Our greatest objective of this conference. Today a new collective is to create a ‘social fabric’ in Albania, to project begins, with two other partners: have a real impact on the development the University Ismail Qemali and the of Albanian society, a society that is University Pavaresia - both located in problematic in many respects. And yes, Vlora, where our next conference will we believe that everything is possible. Just be held. We, again, invite scholars from for this conference, hundreds of minds of everywhere to join us in Vlora and discuss social scholars have been put in motion. some of the most Critical Themes of our And this is – in fact - a contribution to time, regarding “Identity, image and social the development of sociology and social cohesion in our time of interdependence”. sciences in Albania, and not only. I am convinced that everything is Furthermore, we intend to build prepared for the best possible conference. bridges, to promote cooperation in the I wish you all a great meeting; and a great Balkans – first – and then in Europe. That’s year, leading up to the 2012 conference in why we have invited our Colleagues from Vlora, on Albania’s 100 Anniversary of all the Balkan countries to come here and Independence. create the Balkan Sociological Forum Thank you.

HIGHER EDUCATION IN THE REPUBLIC OF MACEDONIA: THE CHALLENGES AND THE PERSPECTIVES OF THE INFORMATION SOCIETY AND THE BOLOGNA PROCESS

Ali PAJAZITI - South East European University, Tetovo-Macedonia E-mail: [email protected];

Hasan JASHARI - South East European University, Tetovo-Macedonia E-mail: h.jashari@ seeu.edu.mk;

Keywords: information society, university, RM, education, Bologna Declaration, reforms in education, e-learning

1. Introduction with knowledge and science it brings the overall transformation of the society. Sociologists characterize the era we So the thesis is as follows: The more are living in, of belonging to the third qualitative the education is, especially the wave, after the first wave has finished (the higher one, the more advanced is the society agricultural society) and the second one in the global competition of knowledge. In (the industrial society), now since we Macedonia the higher education is in have already entered the information one, the phase or process of passing from the when it is not important the mastering traditional into a postmodern one, based of the technical sources, as well of on the mutual European space which the machines which transform them, targets the creative knowledge. but the mastering of- knowledge. The This research is illustrated with Republic of Macedonia is a society with empirical-qualitative facts connected an overprolonged period of transition, a with the study research in Macedonia, phenomenon which generates different with a special emphasis of the Albanian problems in different social spheres. higher education in the country ( SEEU Education as a dominant paradigm of the and SUT), including the whole Albanian information society is a determination of academic space, that is the trends of the the development streams and combined countries of SEE.

Social Studies 2012, 1 (6): 9-17  10  Higher education in the Republic of Macedonia

2. The widespread education, the is a factor through which the able and the University and “the new mission” successful ones can climb the higher social strata, from the lowest ones. (Drucker, Education is the basis and the main 1992:214) criteria of the progress of every single Today, in the new millennium and in community. It means a thorough mastery of the XXI century all the questions being the system of knowledge, the creation of the asked dealing with the University are above abilities and the practical habits, the creation others the following ones as well: What of our forces and cognitive capacities, the is the mission of the University? In what creation of the scientific attitudes about manner the University can accommodate the the world, connecting knowledge with essential characteristics of our age? How can the practical and professional activities. be found the balance between the traditional Education encompasses all the means, mission of the Univesity and the changes of instruments and the methods which our age? are oriented toward “the change of the Today, the great number of researches behaviour of the people, either through shows that the high education has a great the enlargement of the knowledge, or impact on the creation of knowledge, which through the changes of the attitudes”. is based on the development of economy and (Arsenijevic & Andevski, 2010: 32) The of the democratic society. (The World Bank, different researches done in economics 2002) The ability of the society to produce, and sociology, have shown that the highest select, accommodate, make trade, and use level of knowledge influences positively in the knowledge is shown as a critical factor for productivity, innovation, democratization the stable economic development factor and and the social cohesion. (Ibidem, 36) the improvement of the life standard. In this The learning life of the formal education direction, instead of telling the public what achieves its culmination in the University, in will be tought to the students, it has to be this universe of knowledge and research. The thought much more about the educational University as a link of a lifelong education objectives of what the students will be able to and a phase of the postsecondary education1, understand and implement after they finish throughout history and even now with the their studies. (Kwiatowski & Sadlak, eds., huge groups of sudents is spiritus movens 2003) So, the today’s university education of the society, it is an instigator of the should concentrate much more in the advancement and the social progress, of learning outcomes. In this context the whole the radical changes, of constructivism and educational process is not concentrated on creativity which triggers the welfare steps in the teacher, it is not (teacher- centred), but the society. The University, and the school in on the student (student-centred), while the general, instigates the social mobility, which teacher is a facilitator or a manager.

Fig. 1. The teacher’s and student’s perspective according to Biggs (2003b)

The teacher’s perspective: The aims → The desired teaching results → Teaching activities → Evaluation The student`s perspective: Evaluation → Learning activities → Results

1 Postsecondary education, which otherwise is called a high education or tercial education, shows an optional level of study above that which is asked by the law. Social Studies  Vol. 6  No. 1  11 

The question that will be asked in the the creation of the new states generated future will not be “what have you done to new systems which according to their get your diploma?”, but “what can you do individual conditions were developed and after you have got your diploma?” This transformed in different ways and dynamics. approach is very important in the labour Slovenia very quickly finished the war and market and is very meaningful when we take that quickly made the needed reforms into consideration the matters of a lifelong especially those concerning the curricula. learning, of the non-traditional learning, as (Zgaga, 2011:4-9). Croatia relying on its well as the non-formal educational forms. long educational tradition did not embrace (Purser, Council of Europe, 2003) Even the Bologna immediately. In Bosnia after the international instances such as EU, as we year 1995 even the high education, just can see by the decision of the Council of like everything in the overall society, was Europe approved in Lisbon, 2000 have the divided in political and ethnical lines. From following target-to be “a more competitive one University, the one of Sarajevo, were and dynamic economy in the world, based created two basic centres: the one of Sarajeva on knowledge, able for an economic stable and the other one of Mostar, but there were development, for better jobs and a bigger other Univesities that were established in cohesion in the society”, in order to built other cities like in Tuzla, Zenica etc. In the the knowledgeable European society. Balkans, the number of the students who get enrolled in the public Universities and the 3. The trends of the higher private ones as well, in the last 10 years has educationin South-East Europe been increased. The following diagram we can see that in 2005 from all the countries of The educational tradition of the South Eastern Europe, the highest percentage Western Ballkans or SEE, is rather complex. of enrollment in the high education is present Ex-Yugoslavia had more or less a unique in Slovenia (83.2 %) and Croatia (36.3 %), centralized and ideologozed educational while the lowest Macedonia (21.2%) and system. After 1991 political separations, Albania (21.7%).

Fig. 2. The percentage of the enrollment in high education in some transitional countries, 2005

The Source: Data base TransMONEE, 2006.  12  Higher education in the Republic of Macedonia

This situation, as far as Macedonia is which are more opened toward the private concerned, has been changed a lot, and in education (Albania, Macedonia, Bulgaria, 2010 this percentage has been increased Romania andhe Kosova) and those that are more than 90 %. more close toward this matter (Bosnia and The percentages of graduation in Croatia). According to statistical sources the Universities of the above mentioned connected with the high education where countries are very low. For example, in the Albanians live, the following tendencies Serbia there are only 20% of the students are present: who graduate on time, while in Croatia Even in Macedonia, the period of only 10-15 % (2007). These percentages go transition brought the birth of new together with the percentages of withdrawal universities, and in many cases they which are much higher than the average of described it as a “University boom”. The the countries of OECD - 30 % (OECD, chart of the places of the high education in 2007). This region has got problems even the Republic of Macedonia brings in front with the quality of the high education: there of us these institutions, the state one “Ss. prevails encyclopedization, the old methods Cyrilus and Methodius”, “St. Climent of of lecturing, as well as the examinations Ohrid” (Bitola), The State University of through which is tested learning by heart Tetova”, The University “Goce Dellçev” in and factual memory (see: EUA, 2003). The Shtip, SEEU, FON, European Univesity, Balkans countries on the one hand have a University “American College”-Skopje , very low degree of the students mobility, The Faculty of Tourism, The Faculty for while on the other hand a high percentage Bussiness-Economy, Accademia Italiana etj. of the students who are sent abroad for their The number of the students, either in high education. In 2004 the only country public universities as well as in the private who attracted more students was Bulgaria ones in the Republic of Macedonia is (3.63 %), then Romania (1.53%), Slovenia increasing. (1.06 %), than less then any other country Macedonia (0.25 %). These data are much • According to the data of the State lower than of the 27 countries of EU (6.32 Statistical Office in Macedonia, in the %). (EC, 2007) The Universities can not academic year 2008/09, have been manage to direct their limited sources registered: 63437 students. From in research activities where they would those 81.6% have enrolled in the state have had comparative advantages, having Universities and 18.4 % in the private thus strategic connections with the othe universities. That year have fonctioned institutions of the SEE, and even wider. 94 faculties with 2108 lecturers. (Linden, 2008:16) The investments of the state with public income are very low So we can coclude that in Macedonia compared with the countries of the EU, still prevails the high public education vis- and so this percentage is 1.1. % of GDP. a-vis the private one, compared to Albania After the year 2000 as a charasteristic and Kosova where there is a balanced of the innovations in education, have been situation. the private universities and their role in According to Linden and the others, the society with their enrichment of the the countries in Southeastern Europe spent offer and the increase of the students’ lot of time in the bureaucratic changes inside approach. When speaking about the private the University, without making the needed education, the countries of the Southeastern changes of the curricula and the lecturing can be divided in two categories, into those practice. “It is believed that the talented Social Studies  Vol. 6  No. 1  13  people of these countries leave their home campagne pro-education with the slogan to search for their fate somewhere else than “Education is force, knowledge is power”. the citizens of other European countries”. In the meantime happened the (Linden et.al., 2008:vii) changes in the Law of high education dealing with accreditation and evaluation, 4. The reforms of the high education which mingled with the academic circles. in the Republic of Macedonia as an The professors of the University of Skopje outcome of the Bologna process came out and protested in the streets to defend the autonomy of the university On June 1999 the representatives and the dignity of the profession of of the Ministers of Education of 29 the scientist. The idea of these changes European countries signed a contract in in the Law was to implement the so Bologna (Italy) to formulate the Bologna called already accepted standards in Declaration, in order to establish a the European area of education. These European area for the high education standards are implemented by ENQA- (EHEA-European Higher Education Area European Network for Quality Assurance, The liberalization of the enrollments and others as well. This evaluation is made in Macedonia especially during the by commissions of different fields from at academic year 2010/2011 devastated least three professors of internationally the earlier criteria of enrollments and recognized Universities. In the so far the positions of the balance between the laws for the high education from 2000 private universities and the public ones. and 2008 the process of evaluation The Government made almost free the and accreditation have been separated enrollment in the public universities, a procesess. There was the Accreditation step that harmed the private universities Board and the Evaluation Agency. While and the competition. on one hand the Accreditation Board The Republic of Macedonia became functioned on a permanent line, The a member of the Bologna Process in Evaluation Agency worked from time to 2003, while it began the changes of the time. It did not have any meeting, as is the system of high education since 1999. case in 2004-2007. In the new Law of 11 In this direction has been approved the February 2011, is formed a new mutual Law of high education and the reforms Board for evaluation and accreditation, in that followed made the Universities to order to establish a system of values and begin the affirmation of the lifelong quality of the high education. learning, the implementation of ECTS, According to the Decree of the of the studying programes according to Goverment for the regulations and Bologna, integrated universities, the use of standards for the establishment of the IT (information technologies), the system activity of the institutions of the high of three cycles, the implementation of the education(Official Gazette of the Rpublic concept for good learning results, putting of Macedonia, nr. 168 from December into practice the supplement diploma, the 24, 2010 ): joint degrees, the mobility of the students and the teachers, the internal and external The existing institutions of the high evaluation etc. (Programi nacional..., education which realize studying programes 2006:250-262) The Government of the of the third cycle/PhD, the mentor should Republic of Macedonia has been making have: in 2010, at least two reviewed works for a longer period of time a medial in scientific international magazines, in the  14  Higher education in the Republic of Macedonia

specific field; and at least one participation the modern educational trends, so that during the last five years in an international it has opened the faculty of Applicative conference; Sciences, with very inventive syllabi as From the 1 January 2011, at least three megatronich, economic engineering, revised works published in international architecture etc. It cooperates with wordly scientific magazines, in the specific field, famous universities, such as George at least two participations in international Washington University, University of conferences, and from January of 2012, Ljubljana, University of Zurich, University 4 publications and 2 particiations in of Stuttgart etc. (Tempus, 2008: 6) SUT, international conferences. despite all the difficulties it had faced, has In 2015 are requested publications in managed to create a history of 15 years and international magazines with impact factor. to turn into a real cradle of the Albanian public education. The other changes have to deal with The of South-East Europan University, the criteria of realizing the third cycle of open in the November of 2001 in order studying programes. (The Official Gazette to advance the Albanian high education of the RM, nr. 168, December 24, 2010 in the Republic of Macedonia, is a and nr. 17, February 11, 2011) modern educational institution of the non- profitable character. It has got 5 faculties 5. The higher education in Albanian and 2 Training Colleges, an institute, language in the RM with 23 programmes in the first cycle and 29 in the second one. This University Albanians, as the second ethnic has got very comfortable buildings, group in the RM, have been studied in four amphitheatres, 50 classrooms, their mother tongue since 1994 when modern offices, computeric centres, the University of Tetova was established. library (with more than 30000 books) Before this date the high education in and areas for the accommodation of this country, except the Teacher Training 450 students. The technological system School in Skopje, did not exist. of information has got a satellite which The State University of Tetova, with enables videocommunication and a quick its seat in Tetova, with the initiative of the exchange of information. This University Albanian intellectuals from Gostivar, Dibra, has managed to become a model of Skopje, Albanian political parties as well high education in the region, since its as some non-govermental organziations, foundation. It offers accredited curricula has been established on December 17, of a high quality in accordance with the 1994 and officially has been recognized international trends (ECTS, e-learning, on January 2004. SUT is a center of the e-service, e-grading), in accordance high education and it has got 10 faculties, with the Bologna Declaration and with 34 study programes and 85 profile the needs pf the local and international orientations. The number of the students labour market. This University has the is three times bigger during the last three principle that education enables the years, which is over 10000 students. Only advancement of science, technology during 2006/2007 have graduated 933 and cooperation, thus contributing in students from different profiles. About the development of the society. SEEU 10 % of the students are non-albanians, a promotes equality, as a segment of the fact which shows the multicultural vision mission which begins with the slogan of this University. SUT tries to follow “opened for everybody, implementing Social Studies  Vol. 6  No. 1  15  the laws and merits, advancing the (Pajaziti & Abazi, 2010) This university inter-ethnic understanding”. It gives tries to be internationally recognized by a lot of importance to the multilingal offering teaching and developes excellent and multicultural geographic specifics researches fo Macedonia and the region, to of the globe; it is a model institution in be transformed into the “the first university which the other and the otherness are a of the third generation”. The former EU connecting bridge among the different Commissioner for Enlargement, Olli cultural elements. This university, which Rehn, by giving his support to SEEU said: promotes the open and rational society, “The South East European University is is a successful story which combines the the most European creature of the Western American university experience as well Balkans.” as the European ones2, synthesysing all From this data we can conclude that of these in its specifics. In this European continuining studies from the secondary university study more than 7500 students into the high education is 10 times lower (82 % of the students are Albanians, 15 % in the Albanian population than the Macedonians and 3 % turks, Bosniaks,...). Macedonian one. So there are 46928 to

Table 1: The students enrolled in bachelor’s studies, citizens of the Republic of Macedonia, according to their ethnicity and gender, 2009/2010

Gender Total Macedonians Albanians Turks Roma Vllachs Serbs Bosnians Others Unknown

Total Total 56 788 46 928 6 583 931 205 359 591 259 393 539 Females 30 036 25 756 2 681 426 103 179 294 131 187 279

Public high Total 1 868 1 800 15 13 3 15 10 3 9 - professional schools Females 1 526 1 480 8 10 3 10 8 - 7 -

State Faculties Total 43 585 39 280 1 820 583 158 309 538 188 279 430 Females 23 967 21 783 895 291 82 156 269 104 142 245

Religious faculties Total 201 139 59 3 - - 1 - - - Females 49 17 30 2 ------

High professional Total 227 208 4 1 3 4 2 3 2 - schools Females 120 108 3 1 2 2 1 2 1 -

Private faculties Total 10 906 5 501 4 685 331 41 31 40 65 103 109 Females 4 374 2 368 1 745 122 16 11 16 25 37 34

Source: The State Statistical Office of the RM /stat.gov.mk, 2011

2 Cooperates with Indiana University, Pittsburg University, LSE, Paris 12, the University Vienna, Bamberg University, University of Jonköping etc.  16  Higher education in the Republic of Macedonia

6583 Albanian ones. In the academic Stressing the fact that the higher year 2010/2011 and 2011/2012 there is a education in Albanian Language in largening of the SUT and this enlargement FYROM suffers from an internal is much bigger compared to the results of competiton which frequently seems the above table. irrational when we take into consideration From 2001 and on there is a continous the fact of “the competition for clients” increase of the number and the percentage (students) instead of the encouragment of of the Albanian students. While in the the deficit spheres, quality competition... academic year 2001/2002 there were This “silent war” is tragical when 3040 (6.68%) Albanian students, in taking into account that the wave of the the academic year 2002/2003 4292 discrimination of the high education in the (8.98%), in 2003/2004 5335 (10.40%), Republic of Macedonia.3 The interference while in 2004/2005 9540 (15.50%) of the Albanian politics in universities has Albanian students. (Programi nacional..., damaged a lot the image of the albanian 2006:249). high education. (The case of SUT).

Table 2: Teachers and associates according to the scientific qualifications, and ethnicity, 2009/2010

Total Macedonians Albanians Turks Vlahos Serbs Bosniaks Others

Total 3464 2902 299 19 47 47 3

Doctors of sciences 1876 1644 106 9 18 29 1 23

MA specialists 895 719 76 5 4 13 1 4 201 133 51 1 1 1 - 1

Tercial education 492 406 66 4 4 4 1 7

Source: http://www.stat.gov.mk/Publikacii/2.4.11.11.pdf

From this table we can conclude that 6. Conclusions and recommendations from the ethnical point of view the number of the Albanian staff and the associates In the new millennium the university is according to the professional qualifications facing new challenges, because new changes is in a disfavour compared with the are to be made which are resisted firmly Macedonian one. From 1876 PhD`s there within the academic society. Serious scientific are only 106 Albanians, while from 895 analysis says that the university must pass MS`s only 76 are albanians. from the phase of critical judgement into

3 SUT has got almost twice more students (9.864) than the universiy ”Goce Dellcev” in Shtip (5.784), while the incomes from the state budget are very low. The annual incomes per student in SUT are only 22.873 denars (or 372 euros), while in “Goce Delchev” are 48.000 denars (or 780 euros), that is 110% higher! (Shenja, 03, July 2011, p. 37). Social Studies  Vol. 6  No. 1  17  the one of creating projects and searching Albanian space, region should be for financiers. (Turaljić, 2006:13) increased. Cooperation with prestigious From everything that has been said so european and global universities. far we can conclude that: - The cooperation among the university - The countries from the Ballkan still and different companies of different suffer from the consequences of the ex sectors should be increased. system and the authority of the lecturer, - The evaluation and the self-evaluation in the period when the student should should be transformed into an be the center of the educational process. important mechanism of the control - The universities in the Republic of over the academic progress. Macedonia should work harder to keep - Different projects from the international the real pace of Bologna. union should be used like FP7 and - There should be more investments others for the sake of innovative in the ensurance of the quality of research that will be utilitized from the education and in the field of scientific community. researches. - The students should be encouraged to - There should be made changes in take an active role in the increase of the considering the diploma the oly finder quality. of a job, but the fact that a diploma - The concept of the learning outcomes accompanied with applicative abilities should be implemented. creates jobs, should be taken into - Deficient fields of Albanian higher consideration. education in RM, in particular natural - The cooperation among the Albanian and technical sciences shoud be universities in the RM and the overall advanced.

REFERENCES

Arsenijević, Jasmina & Andevski, Milica. 2010. “Multiculturalim, Interethnic Coexistence Menadžment obrazovanja za društvo koje uči. And Higher Education: An Example From Novi Sad: Filozofski Fakultet. SEEU”. International Congress Islamic Biggs, John. (2003) Aligning teaching and Civilisation in the Balkans”. Skopje: IRCICA assessing to course objectives. Teaching and and Macedonian Academy of Sciences and Learning in Higher Education: New Trends Arts. and Innovations. University of Aveiro, 13 – Programi nacional për zhvillimin e arsimit në 17 April 2003. RM 2005-2015 me dokumentet shoqërues Drucker, Peter. 1992. Nova zbilja. Zagreb: Novi programore. 2006. Ministria e Arsimit dhe Liber. Shkencës. Shkup. Kwiatowski, S., Sadlak, J.(eds). 2003. Intellectual State Statistical Office of the Republic of Macedonia. Entrepreneurship through Higher Education”, Shenja, 3 july 2011. Leon Loyminski Academy of Entrepreneurship Turaljić, Srbijanka. 2006. Univerzitet i država - and Management. Warsaw. misija, autonomija, odgovornost. Beograd. Linden, Tobi, Arnold, Nina & Vasilev, Kiril. USHT: Fakulteti Ekonomik. 2008. Tempus Project. 2008. “Od Fragmentacije do saradnje: ‘BEE Tetovo, CD_JEp-19103-Tetovë. Visoko obrazovanje, istrazivanje i razvoj u Zgaga, Pavel. 2011. The Role of Higher Education In Jugositocnoj Evropi”, Education Working National Development: South-Eastern Europe Paper Series, No. 13, World Bank. and Reconstruction of the Western Balkans. Pajaziti, Ali & Abazi, Alajdin. (2010). The Europa World of Learning. Routledge.

THE TRAVEL OF THE MYTHOLOGICAL EUROPE WHICH MARKED OUR EUROPEAN IDENTITY

Irida LAÇI - The Ministry of Foreign Affairs, Albania E-mail: [email protected];

ABSTRACT

At the very heart of the myth - based story of Europe we find the dynamism of the transformation of our continent, full of beauty, charm, violence, regeneration and hybridization. The purpose for talking about the mythological Europe is not to tell a story about big events or idealistic deeds, on how beautiful and peaceful Europe was. It is not even the aim to transform the story into a propaganda tool by giving “facts”. The main reason for telling the story is to draw lessons from this tale, being it fictional or real. Our approach to the myth does not intend to label with idealism the coexistence in the European family, but to awaken a political and social consciousness in order to engage seriously in the project of a “European family”, without prejudice, without absolutisms, not from the Brussels or Strasbourg offices, but from our daily environment. Keywords: Myth, Europe, transformation, coexistence of diversities.

hoever is trying to deal with the could live in harmony while sharing their issue “Europe” and its history past, their symbols, dreams and objectives? Wis faced with some inevitable These and many other questions have questions. What is Europe? What is its continuously troubled the Euro-enthusiastic genesis: Asia, the ancient Greece, the as well as the Euro-skeptics, who with a lot Roman Empire or the Christian Middle of arguments and counterarguments are Ages? How to understand Europe beyond trying to define their ideas on this ancient its geographical borders, what is it: a set of continent. cultural, civil and moral values, or just an Personally I belong to the Euro- economic and somehow political entity? enthusiastic generation, not simply for the Which populations belong to the concept of fact that I come from a country with a long Europe, because of which history, costumes tradition of isolation and hostility towards or other cultural or political traditions? Will anything or anyone existed beyond the there ever be fulfilled the dream of a Europe boundaries of my country, Albania, until without dividing lines, where Europeans recently considered an “Eastern country”,

Social Studies 2012, 1 (6): 19-24  20  The travel of the mythological Europe which marked our european identity but most of all because I had the possibility its disposal, starting from the mythological to be educated for many years in a “Western” character of the girl Europe, one of the most country. Like many of my peers educated beautiful figures of the classical world. abroad, I found myself at a crossroad between From the ancient times until nowadays, “East and West”, two worlds that until the the legend of Europe has provided a very late 1980’s had been considered as opposite, rich iconography, literature as well as various incomparable, far away from their political, philosophical thoughts and historical studies. economic, social and cultural standpoint. The Greek mythology1 describes Europe as Moreover the reality we experienced made a very beautiful girl, daughter of Agenor, us feel rather ill at ease with that spontaneous the Phoenician King of Tyre, (today’s feeling of many “Europeans” towards the Lebanon). While she was gathering flowers extra – communitarian foreigners, excluded in a lawn along with other nymphs, the from the “European civil and political Father of Gods, Zeus, fell in love with her. community”. However the differences He transformed himself into a tame white between these two “opposites” were not so bull2 and mixed in with her father’s herds. insurmountable, on the contrary, in many Europe saw the bull, caressed his flanks, and aspects they were artificial. To the matter of eventually got onto his back. Suddenly the fact, in these two last decades, a good part bull rushed over the sea abducting Europe. of the “new Eastern barbarians” have joint In his work Metamorphosis3 (II 833 to that so much desired community called 875) the poet Ovid describes the seduction “European”. Nowadays we are experiencing of Zeus and the abduction of Europe like the expanding of the geopolitical concept of this: the European Union, while the concept of Her right hand grasped Eastern Europe is ever-shrinking towards the A horn, the other lent upon his back geopolitical concept of the Western Balkans. Her fluttering tunic floated in the breeze The European Union is so far the After crossing the Mediterranean Sea, largest multinational reality in the world. Zeus brought Europe to the Mediterranean The extension to the east, up to the border island of Crete. Europe became the first with Russia, and to the south, up to a queen of Crete and together they had potential inclusion of Turkey, has increased three sons: Minos4 (who built the famous the ethnic, cultural and religious variety Labyrinth), Rhadamanthus and Sarpedon. of this community. As a consequence the Symbolically, in this passage of the Princess challenges it has to face are not just simply of Phoenix to Crete, Zeus transfers the fruits economical and political, but above all social of the ancient eastern Asian civilization and cultural ones. To this end, the social and towards a new Aegean island. cultural education is an essential aspect in The story continues with the father the reconstruction of a European identity. of Europe, Agenor, who sent out his three If the EU really wants to create a stronger sons in search of their sister. One of them European identity it should begin to look for Cadmus arrived to Thebe and became the that from the very roots, from its common founder of the Theban city5, one of the myths. The whole ancient mythology is at most important centers of classical Greece.

1 The World Book Encyclopedia, Vol. 6, 1992 – 1993, New York, World Book Inc. pp. 359. 2 Rossi, Giusi, 2003, “Il mito di Europa” , Revista Politiche Europee, Nr. 7, pp. 16 - 19. 3 Ovidio Publio Nasone, 2005, Metamofosi, Classici Latini, Torino, UTET. 4 Aligheri, Dante. 1997, Komedia Hyjnore, Ferri, Tiranë, Dituria, pp. 227. 5 The World Book Encyclopedia, Vol. 19, pp. 210. Social Studies  Vol. 6  No. 1  21 

However, the oracle told Cadmus that his controversial war in European history: the search was in vain. Trojan War. Cadmus and Europe never met each The story told by Herodotus is a other; however, thanks to their “travel” they rational one, because it aims at answering to spread their seed all over the “European” the raised issues through the interpretation of territory, thus creating new nations and evidences9. This historian is well known for ethnicities, in an Egyptian, Phoenician, many of his travels in the Persian Empire, in Greek and Asian blood mixture.6 Athens as well as in Greece. On his way he The great Greek philosopher, Herodotus tried to collect information and testimonies (484 – 420 BC) is well known for the for his stories.10 passage from the legend into the science of According to him the period in which history. In his version, he does not present the abduction events happened is unclear, but a union of the divinity with a human, but it may be said that they occurred around the a rationalized version of the myth, in the XVI – XIII BC, period in which it is believed meaning of a real case of war “an eye for an to have taken place the Trojan War. eye”. Thus, according to him, the kidnapping This historical version of facts, according of Europe was a banal incident of ancient to Herodotus is also painted in some Greek wars, which were marked by the kidnapping vases, where Europe is designed as the “apple of women. In his work “History7”, he wrote of discord” between Greeks and Trojans.11 that some Phoenician traders made port to At the very heart of the myth - based Argo (Hellas). While they had almost sold story of Europe we find the dynamism all their goods, a considerable number of of the transformation of our continent, women came to the shore. Among them thus admitting that since the ancient was the daughter of the king Inachus, whose times the metamorphosis, the beauty, the name was Io. The Phoenicians rushed at the charm, the violence, the regeneration or girls and sized Io along with some others. hybridization are the typical images which They were thrust on board, after which the have accompanied the history of Europe. ship made off for Egypt. Sometimes later The story of the myth teaches us that Europe certain Greeks, most probably Cretans, went is not a natural entity, as Africa or Australia, to the Phoenician port of Tyre and carried but the result of a long spiritual and historical off the king’s daughter, Europe. They got the evolution. If Europe today has its own girl out of Asia on a ship with the shape of identity we must first acknowledge that it a bull. The story of abductions went on for has derived from the non-European origins two generations until the Persian Paris, son of Europe. Our itinerary towards the future of Priam, influenced by these stories, decided should starts precisely from our inception. to use abduction to get a wife from Greece. Our name “European” was given to us by He carried off Helen8 the wife of Menelaus, the Phoenicians (Asians) who named us like whose brother Agamemnon, formed the this before our existence. In other words, army, crossed the sea and began the most being European is dedicated to a historical

6 Turroni, Federika “Il vagare di Cadmo”, Kumtesë, Universiteti i Bolonjës, 8 shkurt 2005. 7 Erodoto, 2006, Le Storie: Libro Primo, Torino, UTET, pp. 59. 8 Herodotus, S. Shirley, J. Romm. 2003. On the war for Greek freedom: Selection form the Histories.SHBA, Sheridan Books Inc. 9 Sinani, Gjergj. 1999, Hyrje në filozofinë e historisë, Tiranë, SHBLU, pp 14. 10 Giglioni, Gabriela. 2002, Erodoto e i sogni di Serse: L’invasione persiana dell’Europa, Pisa, Donzelli Editore, pp 34. 11 Davies, Norman. 1996. Europe: A history, the United States, Oxford University Press Inc., pp. Xvi – Xvii.  22  The travel of the mythological Europe which marked our european identity paradox that has the Asians as protagonists. and that “the Center of Europe” is in reality Meanwhile, from the paradox arises the made up of many more conventional consciousness that the European represents centers. The fundamental model of the a social unity rather than a racial one. Even European Union is not that of many centers from the cultural point of view, the European competing with the main one. On the community is not the starting point of the contrary it is about many centers replaced European history, but the ultimate goal we by the CENTER thanks to a model made should reach. up of various concentric circles around the This myth-based story should make us EU. This is a brand new political geography, more aware that Europe has a “collective very different from the more traditional memory”, starting from the myth of geopolitical centers in competition with each Europe, being it an artistic, historical or other. This setup makes it possible that the academic presentation. The purpose is not to concept of “They / the others”/the different misinterpret the plot. Through a reasonable from me”, belongs to the past history of reading the story of myth does not include Europe and that those still remote circles the feeling of excessive pride, which in many have not to be defined as anti-Europe, but cases has provoked a sense of superiority for as “less Europe”.12 the “pure race”. On the contrary it clearly The main question that arouses shows that the “United Europe” should be nowadays is: Is it enough to affirm that aware of the fact that the long story of its “Unanimity of people is justified only by journey consists of the concept of relativity unanimity of the legal system13” in order to and not of absoluteness, of challenge and not belong to this CENTER? I am a citizen of of victory, of being open towards the others this legal entity, such as the EU and therefore, and not of selfishness. I am a European citizen who obeys to the The purpose for using the figure of the rules and norms. Does this statement make myth of Europe is not to tell a story about big it easier the coexistence in a community? events or idealistic deeds, on how beautiful Current realities and challenges facing and peaceful Europe was. It is not even the European countries today give a negative aim to transform the story into a propaganda answer to this question. The European tool by giving “facts”. The main reason for Union is still a “work in progress” and its telling the story is to draw lessons from this challenge is how to cope with threats or tale, being it fictional or real. Likewise, the concerns of daily living or cohabitation, history of myth does not intend to label with that is why it cannot be a “complete idealism the coexistence in the European work” in a simple, rational, logical way, by family, but to design a new European which accepting a Euro banknote or by signing overcomes atrocities. Our approach to a legal instrument. The way to cope with myth aims to awaken a political and social the new challenges is by seeking the roots consciousness in order to engage seriously in of the problem, to understand it in depth, the project of a “European family”, without to enter into the spiritual and emotional prejudice without absolutisms, but with an world of each person belonging to a different open mind. nationality and accept to get to know him/ The XXI century Europe is already her, being open towards “the other”. aware that power is relative and not absolute The history of the youngest members

12 Adler Emanuel & Barnett Michael, 2002. Security Communities, Cambridge, Cambridge University Press, pp. 17. 13 Kelsen, Hans: Allgemeine Staatlehre (1925), Vienna 1993, pp. 149. Social Studies  Vol. 6  No. 1  23  of the EU, clearly shows that the political or experience of the EU teaches us that “He monetary integration has brought with it a / the other / the different” should not be complex of social problems, mainly because excluded, prejudiced, labeled, but accepted. of the misinterpretation of the integration The story of the myth in itself is not built on process, by claiming homogeneity there a single population, territory, or culture, but where the myth leads us to the coexistence it is a complex of realities and allegories, just of diversity and pluralities, to a Europe like the human nature itself. It is up to us to of changing boundaries while adding the learn from the past and look forward to the number of spoken languages. future with enthusiasm. The validity of the myth today is its The “European Spirit15” and the creed “I message on the importance of accepting a love Europe” are expressed through a model plurality of life styles, social customs and of a community where everyone feels free, identities. It is not about an exclusive unit. respected and therefore committed to bring If we refer to Friedrich Meinecke14 academic forward the Community. Education through discussion on the dichotomy of a Europe this spirit makes it possible for the “Project as Staatsnation (civil / constitutional) or Europe” not to be considered as a “glass Kulturnation (sharing attributes, languages tower”, cold, closed, incomprehensible, and images of a common provenience), we ready to be broken after any economic or can affirm that Europe cannot ever be just a political threat, but a real project that affects Staatsnation and or just a Kulturnation, but our daily lives on daily basis: Europe as a an interaction between the two. Europe itself reality in which we deal with “the other” is built on dichotomies. If we consider them at school, at work long before we go to the as opposed or incompatible then we will fall Brussels or Strasbourg offices. into the mistakes of the past “us and them”, The myth expresses very clearly the idea but if the interaction of them is a “walking that there has never existed a “European together” we could enrich ourselves and Hero” to hold together the continent. more over we could render much simpler our From an artistic or academic image it is just living together. “We and They” belong to a transformed into a vision of the European “community” that has never existed before, spirit which generates a sense of belonging a community not in the sense of an “ethnic and unity: a myth of Europe to bring up group”, but a community within which we European citizens. That is why young identify ourselves as part of the norms, rules, Europeans need to be educated not just and and respect for human rights and respect for simply about the political institutions or the other’s culture and social traditions. how to use the legal instruments of the EU, It is therefore essential to tell, to read and but also how not to forget the bitter past, to interpret the myth of the European history to prevent the repetition of the history of in all its complexity, through illustrating its violence and non-tolerance. inherent dichotomies, and even its allegories Furthermore the interpretation of the with concrete examples of the dangerous myth of Europe must not be read in light precedent in our history. In this way we can of a religious credo upon others, but let’s draw the necessary lessons for the young believe in the fact that “God is one” while European generations. The interpretation the way we believe, worship or adore him is of the dichotomies of myth and the current up to the humans. In fact the image of the

14 Meinecke, Friedrich: 1907, Weltbuergertum und Nationalstaat, Munich. 15 Barroso Jose’ Manuel: A soul for Europe, Speech held at the Conference “A soul for Europe” Berlin, 17 November 2006, Speech/06/706.  24  The travel of the mythological Europe which marked our european identity bull itself is one of the most typical examples XXI century have undoubtedly experienced of polytheism in ancient Greece. everything. Let’s have a look back and ask “The myth – based identity supports ourselves what can we do to prevent that the process of political integration by future generation do not go through the reducing the complexity and denying era of Auschwitz, the two World Wars, the strangeness16”. This means that today we dictatorship, and even closer through the still exist and talk about the fulfillment of Sarajevo, Srebrenica or Kosovo massacres? a “Project Europe”, not because someone How shall we engage from our small daily or something led us far greater than us, world to live and share together a rich but because we share common experiences, multicultural and social variety? Let’s start common sufferings, common lessons, a then from the schools by telling and teaching common story/history to be told and from the myth of Europe which will lead to us which to draw lessons. That is the story/ other contemporary myths such as “the fall history of the myth of Europe. of the Berlin Wall”, “the orange revolution”, In his well-known work Also sprach “and the civil society”. Together in diversity Zarathustra (Thus spoke Zarathustra) the we could build an engine which will bring German writer Nietzsche wrote: “Whoever forward our journey towards the “Europe wants to understand everything that is human we love”: a journey not from the top down, must try everything17”. The Europeans of the but the other side.

REFERENCES

Aligheri, Dante. 1997, Komedia Hyjnore, Ferri, Vienna 1993. Tiranë, Dituria. Meinecke, Friedrich: 1907, Weltbuergertum und Adler Emanuel & Barnett Michael, 2002. Security Nationalstaat, Munich. Communities, Cambridge, Cambridge Nietzsche Friedrich, 2001 Kështu foli Zarathustra, University Press. Tiranë, Phoenix. Barroso Jose’ Manuel: A soul for Europe, Speech Ovidio Publio Nasone, 2005, Metamofosi, Classici held at the Conference “A soul for Europe” Latini, Torino, UTET. Berlin, 17 November 2006, Speech/06/706. Rossi, Giusi, 2003, “Il mito di Europa”, Revista Davies, Norman. 1996. Europe: A history, the Politiche Europee, Nr. 7. United States, Oxford University Press Inc., Sinani, Gjergj. 1999, Hyrje në filozofinë e historisë, pp. Xvi – Xvii. Tiranë, SHBLU. Erodoto, 2006, Le Storie: Libro Primo, Torino, UTET. Turroni, Federika “Il vagare di Cadmo”, Kumtesë, Giglioni, Gabriela. 2002, Erodoto e i sogni di Serse: Universiteti i Bolonjës, 8 shkurt 2005. L’invasione persiana dell’Europa, Pisa, Donzelli Schmale, Wolfgang: Europa ohne Mythos, 1998, Editore. in:Voelker-Rasor, Anette and Wolfgang Herodotus, S. Shirley, J. Romm. 2003. On the war Schmale, MythenMaechte – Mythen als for Greek freedom: Selection form the Histories. Argument, Arno Spitz, Berlin. SHBA, Sheridan Books Inc. The World Book Encyclopedia, Vol. 6, Vol 19. 1992 Kelsen, Hans: Allgemeine Staatlehre (1925), – 1993, New York, World Book Inc.

16 Schmale, Wolfgang: Europa ohne Mythos, 1998, in:Voelker-Rasor, Anette and Wolfgang Schmale, MythenMaechte – Mythen als Argument, Arno Spitz, Berlin, p.140. 17 Nietzsche Friedrich, 2001 Kështu foli Zarathustra, Tiranë, Phoenix, pp. 148. Social Studies  Vol. 6  No. 1  25 

CHAINS THAT CANNOT BE EASILY BROKEN: WOMEN AND DIVORCE IN ALBANIA

(Kukes Region case)

Enkelejda CENAJ - Aleksander Moisiu” University, Durres-Albania; Albanian Institute of Sociology E-mail: [email protected];

ABSTRACT

Divorce has become a disturbing phenomenon for the Albanian society lately. Family violence, economic issues and emigration are considered to be some of the main reasons to file for divorce. Aside from the constant changes, the Albanian society is still a society with patriarchal elements. Even when it comes to divorce, women are considered to be the guilty party. In this article I aim to investigate divorce in the Albanian society, focusing on the case of the Kukes Region (where the rates of divorce are considered low compared to other regions). Through direct interviews, I aim to investigate opinions and realities on divorce in this Region. I think that women in the Kukes Region, as most of the women throughout Albania, endure the burdens of unhappy and violent marriages. Old mentalities and negative opinions against divorced women persecute women and make the endurance of an unhappy marriage easier, than confronting their problems. Keywords: dicorce, patriarchal society, Kukes region, old mentality;

Introduction Debates on divorce as a social phenomenon, its causes and consequences, Every time the topic of marriage is continue to be strong nowadays between discussed, the ‘spoken promise’ comes to social researchers like sociologists, my mind, ‘until death do us part’. But it psychologists, and so on. Some may agree seems that over the last two decades, this that divorce is just a negative phenomenon is no longer the case in Albanian society. that is happening to our society; some It seems that it is more appropriate to say others may see divorce as a salvation ‘until divorce do us part’. from a bad and unhealthy relationship.

Social Studies 2012, 1 (6): 25-33  26  Chains that cannot be easily broken: women and divorce in Albania

Whatever maybe the case, divorce is a because the highest rate of migration of negative social phenomenon, but a bad men abroad during this period sprung family is even worse. from abandoning their families. Family According to the Albanian sociologist violence, economic issues and emigration Zyhdi Dervishi “The phenomenon of are considered to be some of the main divorce has been and continues to be reasons to file for divorce1. On the other one of the most disturbing problems hand, National Master Agency places of the Albanian society, as in peoples’ Albania in the 14th place in the world mentality and in reality” (Dervishi, for divorce rate, with 0.83 divorces per 2001: 141). Anyway, Albanian society 1000 people2. is still unfamiliar with this phenomenon, Many sociologists and psychologists although the number of divorces increases studied the causes and consequences of everyday. Most people would not believe divorce in society. Based on the study you if you say that Albania is becoming on divorce conducted by the social one of the states with the highest rates researches Beqja and Sokoli, the main of divorce in Europe ore Balkans, some causes of divorce stated by 810 observed others would laugh at you if you state that individuals, divorced in the last ten years divorce is one of the main problems that are (Beqja & Sokoli, 2000: 60- 62): disturb Albanian society. The number of divorces and requests • Because of differences in character filed for divorce deposited in court and temperament of the spouses – offices increase each day. Data from 29.9% of the respondents; courts and different reports on divorce • Wife ‘cheated’ on her husband or in Albania affirm the significance of the abandoned her family – 14.7% of the phenomenon. Some data place Albania as respondents; one of the states with the highest rates of • Husband ‘cheated’ on his wife or divorce in Europe, and some set Albania abandoned his family – 11.2% of the in first place in the Balkans. respondents. According to the INSTAT (Institute of Statistics) data, in 2008 there were Aside from the constant changes, 3610 divorces in Albania. The indicator Albanian society is still a society with of divorce per 100 marriages has patriarchal elements. Even when it comes increased from 8.4 in 2000 to 17 in 2008. to divorce, women are considered to the According to INSTAT, this indicator guilty party. is still low compared to some other The prejudices against divorced countries. This is because the Albanian women in this country are so harsh that women for their children’s sake or it takes a lot of courage for a woman to economic issues still chose to stay under file for divorce because, aside from the an unhappy marriage, where they may be divorce issues, women have to deal with physically and psychologically maltreated. and endure the eyes of others that look The highest rate of divorced is found upon her for fault in the person that she between couples without children. Almost is. I think that the number of divorces in 40% of registered divorces in 2002 are Albania would be greater if society was from couples without children. This is less patriarchal, less superstitious and not

1 www.instat.gov.al 2 www.nationmaster.com Social Studies  Vol. 6  No. 1  27  so negative toward divorced women. 6. Gender roles: like being a housewife, Because of the patriarchal society taking care of cooking, cleaning, and different social conditions in which raising children isolates women women and men are faced with, divorce within the walls of their homes is not handled the same between men and and make then dependent to their women. Even when it comes to divorce, husband for everything that the women in Albania are at a disadvantage family needs from the outside these compared to men. Making a request for walls, like incomes to afford the life. divorce is not just a simple act; it is an 7. In a patriarchal society as ours act of courage to endure all the social divorced women have many more issues that are related to it. Most of the difficulties to recreate a family or time, these social issues are so hard on to remarry, this often make women women that most of the women chose to to rethink filing for divorce. All the stay under unhappy and maybe violent factors mentioned above contribute marriages rather than facing them. What to make the possibilities of women to are these social issues that make women begin a new life very few compared to hesitate to file for divorce? to divorced men.

1. Most women depend economically Gloria La Cava and Raffaella Nanetti on their husband. found in their study that (La Cava and 2. Unemployment rate is bigger among Nanetti, 2000: 36): women than men. Because of their family duties they put their career • Divorced women without children are aside to hold their family, especially at risk of violence and marginalization; when children are involved. it is very difficult for them to remarry, 3. Giving birth and taking care of return to their families, or live alone. children is one of the most important • Women with daughters are also at reasons for women to hesitate to great risk of violence, marginalization, file for divorce. As the sociologist and poverty, as male children are the Zyhdi Dervishi states “…economic best hedge against desertion by the difficulties and especially obligations husband. toward their children do not permit • Divorced women who return to their women to escape from ‘hell of their family of origin are at risk of violence marriage’ (Dervishi, 2001: 146). from male members of her family. 4. Old and negative mentality toward • Divorced women who cannot return divorced women is very harsh on to their family and seek another male women in Albania. Divorced women protector for economic security are at are seen as the ‘black sheep’ of the risk of being forced into prostitution. family who shamed it, and usually • The risk of abandonment is greatest in they are the one who are blamed for the small northern and northeastern the divorce by people. towns and in coastal areas, which are 5. Domestic violence can be also a reason subject to the heaviest migration. to make women rethink divorce. • Males who migrate often divorce Because of the domestic violence their wives to form new families they can be afraid of their husband abroad. for themselves, their children or other members of the family.  28  Chains that cannot be easily broken: women and divorce in Albania

Chains that cannot be easily broken: – maybe because of the unfavorable legal women, divorce and Kukes region case system and the old legal framework of divorce, only a few women get divorced. The Kukes Region3 in considered to Also, the social pressures toward women be one of the poorest regions in Albania, impede them to get divorced; the divorced with severe social problems that disturb women probably will be isolated from the life of its inhabitants. But the rate society and family” (SZHQK, 2004: 38). of divorce is still low compared to other regions of the country. Why is there such Table 1: The number of files for divorce and a difference? What are the reasons behind divorces in Kukes District this low divorce rate? It is because the marriages are happy or other reasons that N. Year Number of files Divorced stand behind? for divorce In this article I aim to investigate divorce in the Albanian society, focusing 1 2003 36 22 on the case of the Kukes Region. Through 2 2004 43 31 direct interviews (In this study 400 3 2005 43 33 respondents from Kukes region are 4 2006 40 34 interviewed, 200 of them are female and 5 2007 48 34 200 male), I aim to investigate opinions 6 2008 52 36 and realities on divorce, marriage and 7 2009 39 36 women in this Region. I think that 8 2010 32 28 women in the Kukes Region, as most 9 2011 20 19 of the women throughout Albania, endure the burdens of unhappy and Based on the data taken on divorce violent marriages. Old mentalities and rate from the District Court of Kukes (refer negative opinions against divorced to table number 1) the number of filings women persecute women, even in their for divorce is pretty much the same each dreams and make the endurance of an year (from 36 requests in 2003 to 32 in unhappy marriage easier than confronting 2010). The divorce process is a long and their problems. complicated one, especially when children The number of divorces in Kukes city, are involved. From the table above you can although low comparing to the past, is see that there is a considerable number of growing day after day. Despite that, there filings for divorce still in process. are many women who endure unhappy The main causes declared in the court and violent marriages for a wide variety for these divorces are: of reasons. In the Development Strategy • Emigration (being re-married abroad) of Kukes Region it is stated: “The number • The bad economical conditions of the of divorces it is still low in Kukes Region two ex-spouses

3 The Kukes region lies in the northeastern part of Albania and includes three districts: Kukes, Has and Tropoja, with a population of 111,393 inhabitants (data taken from the Kukes Regional Council). It consists of three municipalities, 21 communes, 187 villages (89 villages in the Kukes District, 30 in Has District and 68 in Tropoja). A wide range of socio-economic issues disturbs the life of the inhabitants in this region, such as: poverty, unemployment, lack of investments, quality of educational system, and quality of medical services offered under developed infrastructure. (For more information, refer to The Development Strategy of the Kukes Region). Social Studies  Vol. 6  No. 1  29 

Table 2: Factors that impede women to file for divorce

Factors stated for impeding women A lot Somehow A little Not at all to file for divorce: (%) (%) (%) (%)

Mentality, opinion of others and female 10. 5 28 9.5 6.5 divorce male 15.5 20 9 5.5 total 26 48 14 12

Returning to their parents house female 15 19.5 9 6.5 (the family of origin) male 15.5 14 12 8.5 total 30.5 33.5 21 15

Divorce aggravates the relationships female 15.5 20 7 7.5 between in-laws and their families male 8.5 16.5 9 16 total 24 36.5 16 23.5

Giving birth and taking care of female 27 18 5 2.5 children male 22 16 5.5 4 total 49 34 10.5 6.5

Economic dependence of women female 25.5 10.5 8 6 from their husband male 24.5 14.5 6.5 4.5 total 50 25 14.5 10.5

Mentality is harsh on divorced female 38.5 5.5 3 3 woman, much than on divorced man male 28.5 11.5 9.5 0.5 total 67 17 12.5 3.5

A divorced man can easily remarry female 22.5 11.5 6 10 compared to a divorced woman male 25.5 16 7.5 1 total 48 27.5 13.5 11

People mostly blame women for female 30.5 10.5 4 5 divorce male 11.5 15 11 12.5 total 42 25.5 15 17.5

• Character differences between the ex- considered as low. By the data taken from spouses4 the district court in Kukes, most of the Although the rate of divorce in Kukes filings for divorce are registered by the Region is increasing each year still it is husbands. Which are the reasons that

4 Character differences are stated as another important cause for divorce. Maybe this is because in Kukes region, most of the marriages are made between people that have not known each other before marriage. There are cases when the persons engaged have not met each other before their wedding day, like the engagements made using photos when the man is abroad, or by just having a look physically to their future spouse.  30  Chains that cannot be easily broken: women and divorce in Albania impede the women in Kukes region to file Giving birth and taking care of for divorce? children: make women give up their Mostly, economic dependence is one of carrier and working outside the house, the main causes that keep women involved for their children’s sake they give up in a problematic marriage. We have to from their dreams. For their children’s remember that Kukes region has a high sake, women choose to give up their rate of unemployment, especially between felicity and live an unhappy marriage women and it is one of the poorest regions and may be violent. Many mothers state in Albania. The possibilities of women to that their children are the only one to find a job are few, especially when they make them rethink filing for divorce, by have not invested in their education or postponing the decision for an endless career to take care of their children and time. This is supported by the high other family duties. The private sector is percentage of respondents who agree that not well developed, and mostly the job children are one of the main reasons that opportunities in this sector are considered impede women to divorce their husbands. as male areas as they are related mainly Almost 49% of the respondents agree with construction and transportation. In that children are one of the main reasons general, women in Kukes region depend that make a woman endure an unhappy economically from their husband, which marriage (27% of the respondents are makes their divorce very difficult as they women and 22% are men). Only 6.5% of can remain without economic support if the respondents disagree. “My marriage is they request divorce. Almost 50% of the not the happiest one. There are cases that I respondents agree that the economical want so badly to run away and I would have dependence from their husband impede done that if it wasn’t for my children. I do women to ask for divorce. not want my children to be pointed by the What is the role of old mentality others as the one with divorced parents; I do and people opinions to impede women not want people to feel sorry for them. At least to get divorced? Almost 26% of the here they have a home and my husband brings respondents agree that the old mentality food at the table for them. I do not want to be and people’s opinions toward divorced selfish and think about my happiness, they do women are one of the main causes that not have to pay for my choices” stated a 42 impede women to ask for divorce; only years old woman. 12% of the respondents disagree (Refer to Returning to the parents’ home table no. 2). People in Kukes know each after being married is very difficult for other very well and they live so close to women. Mostly, when a couple is divorced each other that they cannot ignore the women are the one that leave the home, other’s opinion. What others think is very even if by law they are entitled to a part important to them, and people’s opinions of the house, they are forced to leave due about divorced women are so negative that to the judgment and hostility of their can make her life very difficult. Regarding husbands’ relatives, from the rumors to this issue a respondent stated: “my that follow them everywhere they step. neighbor has a divorced daughter, lately she But, even in their parents’ home the is having health problems and I heard rumors atmosphere is not peaceful, even there she saying that she is paying for the bad things is a source of rumors by others around, the that she might have done to her marriage. I neighbors, other relatives who will assume know her, she is a great girl, but people like to and speculate on the causes of her divorce. rumor around and blame her for everything”. Almost 30.5% of the respondents think Social Studies  Vol. 6  No. 1  31  that the idea of returning to their parents’ quarreled to each other. The parents of the home is a strong reason to impede couples girl have threatened to kill the ex-husband to divorce, only 15% of the respondents of their daughter, he is abroad. The parents disagree (Refer to table no. 2). “My of the boy say that their ex-in-law daughter husband drinks a lot, he spends most of our is not worth, she did not behave while their income drinking…if I make it a problem he son was abroad…God knows how this will end may hit at me. Every time he says that he up!” – stated a 56 year old man. is sorry…How I endure this? What choices Divorce is not a positive phenomenon do I have? I have no job, I cannot return at that is happening to the society of Kukes my parents home… my parents are old, my region, but is it a good thing that brother is married and has his own family…a people (especially women) sacrifice their divorced sister is a big problem…no I have no happiness under an unhappy marriage just other choice..” stated a 36 years old woman. to satisfy the other people’s mentalities? The divorce between spouses Also from the interview results 24% of does not only bring the separation of the respondents agree with the statement their relationship but also brings the that divorce brings aggravation of the aggravation of the relationship between relationships between ex-spouses families the families of the ex-spouses. As others (Refer to table no. 2). As you can see opinion about divorced women is harsher from the table, the percentage of female than on divorced men, her family seems respondents who agree with the statement to be angrier with the ex-in-laws than is high (15.5%) compared with the 7.5% then his. Divorce in Kukes mentality is that disagree. This can be understandable considered as a phenomenon that happens by knowing that the burden of divorce is mostly when one of the partners betray placed upon women. (usually when women betray) or when the In the society of Kukes region, a husband maltreats the family members as divorced woman is seen as ‘the black a result people mentality is very critic and sheep’ of the society. They are judged and doubtful especially on divorced women rumored around and it is very difficult for morality. them to recreate a new family, especially On the other hand divorce is not in a patriarchal society in which we live. considered as a social phenomenon Also we should keep in mind that the that happens with the agreement of the report women/men is in women disfavor, partners and their mutual understanding especially because emigration. that they will be happier apart. On the From the interview results that men contrary, it is considered as a phenomenon can create a new family more easily than that happens only for weak reasons as a women after divorce. Mentality and result the families of the ex-spouses can people judgments on a divorced man are not get along with each-other when their smooth on them and as a result they are children are turned as a shooting table by not seen as critically as divorced women. the others judgments. We still are not used Almost 48% of the respondents agree with to civilly consider divorce as an individual the statement that man can create a new act between the spouses and that society family after divorce easier than divorced should not interfere, at least not to judge women, 11% of the respondents disagree. them. “I know two families that are hostile “…for a woman is very difficult to remarry if to each others because their children are her husband is dead, it is nearly impossible if divorced. Every time that they cross the same she is divorced…impossible if she has kids… street is a big danger, so many times they have for men, not at all, he can be remarried even  32  Chains that cannot be easily broken: women and divorce in Albania with a young girl” stated a 40 years old all the marriages deserve this lifelong respondent. opportunity”. Another reason why women have • They still blame women most for more difficulties to create a new life causing the divorce than man. “A good after divorce is that the phantoms of wife is the one that keeps divorce away” the old life chase after her and persecute said a respondent smiling; or “do or them wherever they step. It is not only they do not say that the husband is the an observation that divorced women head…but the neck is the woman…a are prejudged more than divorced men good neck keeps the head straight” stated because 42% of the respondents agree another respondent. with this statement with this, only 17.5% • But when it comes to answer the disagree. question: if they would marry a “Poor divorced women, if like they did divorced woman/man, they were not have enough they have to endure all the not so positive, especially male others that look down on them” stated a 25 respondents. As a respondent stated: years old woman. Another respondent, 31 “why not if I love her…but there are so years old stated: “Divorced women here are many unmarried girls, aren’t there…”. like celebrities but not to admire them… just • Regarding to the opinions, you to spy them in every step they make. People are could easily find gender differences on them like paparazzi are on VIP, thirsted in their attitudes toward divorce and for gossip… I feel sorry for them”. divorced woman. Female respondents were more flexible toward the issue Youth approach toward divorce in than male respondents. This is Kukes region understandable in a society with patriarchal elements like the one in During the process of conducting Kukes region. the research it was interesting to spot the attitude of younger generations toward In Conclusion divorce. Almost 102 of the respondents interviewed belonged to the age between It seems that divorced women cannot 18 to 25 years old (30% of them were escape from penalizations that society married; 25% of them were pursuing gives them by always judging them as the or had a degree in higher education). cause of the problems. Even when divorce The results found by the interviews were is discussed, despite whom/what the cause (compared to the other respondents): is; women are blamed as the cause of the divorce. As the judgment of males is not • They were much more flexible toward enough, divorced women have to face also divorce as a social phenomenon. If the judgment and lack of support from a marriage is not functioning, it is other women. better that it be dissolved. The women in Kukes region endure • They were more flexible toward the the burden of unhappy and violent statement that: A marriage should marriages, most of the time for their last till the death of one partner; as children’s sake. So that their children one of the respondents stated: “It won’t live apart, they chose to live under is better to be said: a marriage when an unhappy marriage. Old mentality both partners are happy is sacred and and judgment on divorced women should last to eternity, because not persecutes them even in their dream, when Social Studies  Vol. 6  No. 1  33  everybody blames you even when you are they are afraid for the consequences on not guilty. This old mentality is so unkind them but on what can happen to the that women chose to endure an unhappy people they love most, their children and marriage than face it. This is not because parents.

REFERENCES:

Albania NGO Shadow Report (2002) Convention e Kukësit (Kukës, Has, Tropojë) 1944-2000, On The Elimination Of All Forms Of Tiranë, Geer. Discrimination Against Women (CEDAW), INSTAT, (2004) Perspektiva gjinore në Shqipëri, TIRANA, OMBRA GVG VISUAL. Tiranë. Alison Clarke-Stewart and Cornelia Brentano INSTAT, (2007) Femrat dhe Meshkujt në Shqipëri, (2006) Divorce: causes and consequences, Tiranë. Printed in the United States of America. Këshilli i Qarkut Kukës (2004) Strategjia e YALE UNIVERSITY PRESS NEW zhvillimit të Qarkut të Kukësit mbështetur në HAVEN AND LONDON. OZHM (SZHQK), Janar. Beqja, Hamit & Sokoli, Lekë. 2000 Divorci, Këshilli i Qarkut Kukës (2006) Raport progresi Vrojtime e Refleksione, Tiranë, Dudaj & për strategjinë e zhvillimit rajonal të Qarkut Rinia. Kukës, Shtator. Cockburn, Cynthia (1991) In the Way of Woman. La Cava, Gloria, Nanetti, Raffaella (2000) Albania: London: Macmillan. filling the vulnerability gap, Volumes 23-460, By De Beauvoir, Simone (2002) Seksi i dytë II, faktet The world bank Washington, D.C. dhe mitet, Tiranë, Shtëpia Botuese Çabej. Studim i UNDP (2005) Përkatësia gjinore dhe Dervishi, Zyhdi (2001) Gratë në syrin e ciklonit punësimi në Shqipëri, çështje të integrimit të sfidave dhe perspektiva, Tiranë, Shtëpia gjinor në politikat e punësimit në Shqipëri, Botuese Jerusalem. Korrik, Tiranë. _____. (2004) Vullnetarizmi ind shumëfunksional Uçi, Alfred (2003) Mbi disa aspekte të i shoqërisë, Tiranë, Shtëpia Botuese albPaper. marrëdhënieve familjare e martesore në Halilaj, Isa (2002) Kukësi në sofrën e arsimit Shqipëri. Revista Politika & Shoqëria. Vëll. kombëtar: Zhvillimet arsimore në Qarkun 6, Nr. 1 (11), fq. 17-30.

MIGRATION, FREE MOVEMENT OF PERSONS AND READMISSION AGREEMENTS

Ledia HYSI - Ministry of Foreign Affairs of the Republic of Albania Treaties and International Law Department Email: [email protected]

ABSTRACT

The paper will have as main objective to analyze the movements of people in general, and the causes and reasons that push people to emigrate. Aspect of the analysis will be the migration policies. With attention in this paper is an analysis of Albania on the legal framework and its attitudes toward the phenomenon of migration. The paper will present an overview of the readmission agreements in contemporary Europe and the effect that they bring to the field of migration, the international obligations of states and international acts to which they rely. A specific focus in the paper will take the MARRI (Regional Initiative for Migration, Asylum and Refugees), which addresses issues of population movement in the Western Balkans, aiming at a closer regional cooperation and ensuring an integrated approach to contemporary issues of migration, border management, visa policies, etc., to reach European and International standards.

Migration, free movement of persons This is an ancient phenomenon, but and the readmission agreements for the first time in an organized manner begun after the First World War, where Movements of people in general, migrations were common in cases, as occur when a person, a family, a group of well as in quantity. In this period masses people or an undefined number of people of people migrated not only in different for different reasons, such as: political, European countries, but crossed the ocean economic, war, etc., leave their country of by going to the U.S., Australia, Latin origin and move to another country, either America, Canada, etc. These countries were temporarily, or for a long time. As such, not affected by wars and had large areas there was the readmission or refoulment of free land, and were sparsely populated. of certain people or groups of people from This kind of migration continued one country to another. even after World War II and, in this

Social Studies 2012, 1 (6): 35-42  36  Migration, free Movement of persons and readmission agreements period the first bodies were founded to the states is provided by improving security deal with the international regulation and cooperation process. Helsinki Process of migration. Besides the panned and offers to the participating countries a organized movements of population from communication channel, a prescriptive international organizations, spontaneous code of conduct (for inter-state and intra- movements, disorganized or clandestinely state relationship) as well as long term are inevitable. Various studies show that cooperation. This Act expanded the scope about 70% of foreigners enter illegally in of inter-state relations by introducing new the countries they stay. areas of cooperation, among which, human Readmission and refoulment from rights and protection of free movement of and to a country often go in conformity persons are the most significant. with each other. In cases of conflict, people Considering that international relations are forced to leave the country for a major should include a “human dimension” for the reason and of course after the change of benefit of the individual, the commitments the situation and the conflict resolution, in this area become matters of legitimate their return is possible and undeniable. concerns to all participating countries and These readmissions are inevitable and not not exclusively to the internal affairs of a necessarily the conclusion of an agreement. state. Free movement of persons is one of Free movement of individuals is a the most discussed issues in the world. concept that has evolved since antiquity. If Referring to the cooperation between at the beginning, moving form a place to states in various fields such as: trade, another one was considered a right of the tourism, economic cooperation, education, individual who will by its own choose where cultural activities, sports, etc., freedom of to stay and from which country to travel, movement is considered not only as an then was a movement controlled from vassal individual right but as a collective right and limited by its power. belonging to the state. Thus, the state should Nowadays, the concept of free create appropriate conditions for movement movement of individuals has changed not only of its own nationals, but also for completely. This concept has evolved in the the foreigners who enter its territory. In framework of relations established between this context, in addition to rights, there the individual and the state, as well as are mutual obligations, the fulfillment of between the States themselves. It is a right which creates the basis of trust and common and an obligation that must be respected at operations, not only between neighboring the same time. The approval and adoption of countries, but the whole region and beyond. Helsinki Final Act is based on all recognized To this end is required, to have a well- principles of international law, one of them organized border control system, valid is that of equal sovereignty and respect for travel documents, exchange information on the rights deriving from sovereignty. legislation for the treatment of foreigners States Parties undertake to respect and the existence of efficient structures for the sovereign equality and individuality the prevention of human trafficking, the legal of each other, as well as rights, including basis to readmit your own nationals and third in particular the right of each state’s countries nationals when crossing illegally legal equality, territorial integrity, political the territory of another state, as well as the independence and freedom. harmonization of the legislation and practice In the Helsinki Final Act provisions, regarding the asylum and refugee status. in accordance with the United Nations Sometimes a conflict between free Charter, the reciprocal relationship between movement principles and limitations Social Studies  Vol. 6  No. 1  37  imposed by any state to individual countries not only expresses a high degree of cooperation is observed. To deviate from this conflict among regional countries, but creates a basis a country ought to try to improve the for cooperation and communication in all political stability, to effectively fight against areas of common interest. illicit human trafficking, as well as to create The main goal consists in the exchange a positive “image” on the international of experiences and know-how in areas arena. The recent initiatives of the European of common interest. But it is even more Union consists in creating a legal framework important for countries to solve regional and effective structures for prevention issues with joint action. This includes not of human trafficking and the conclusion only a matter of policy, but also a matter of of readmission agreements with third concrete initiatives as the establishment of countries, by controlling and limiting in a a regional framework for the fight against way the free movement of individuals. organized crime, with a view to a joint Albania is fully committed to create the regional strategy which could be developed legal and structural framework suitable to and implemented with all the necessary meet the necessary standard cooperation with mechanisms. Having an expertise in the field the countries of the region and beyond. Its of border and immigration system will have approach in regard to strengthening border a significant impact in terms of synergy by control, cooperation in the fight against contributing to the exchange of technical trafficking, the conclusion of readmission experience, the cooperation of police forces agreements and facilitation of the free at a higher level and institutional reforms. movement of its citizens, is consistent with Creating all these conditions facilitates the the policy priorities of the region. reciprocal movement of individuals and Albania has taken concrete steps in the helps to consolidate the final state structures adoption of the Law on Foreigners and in conformity with European standards. all necessary acts to implement its laws in Meeting the criteria consists in having conformity with international law. It is also in a harmonized system of migration policy, the process of conclusion of the readmission treatment of foreigners, visas and procedures agreements with third countries, while not for the movement of foreigners. lacking bilateral and multilateral diplomatic The principle of free movement of contacts in order to facilitate the realization individuals, although provided in many of the free movement of citizens from one international instruments, is a fundamental country to another. right which must be respected by any person While multilateral contacts have been or authority. With the aim to be effectively very intensive and with concrete results respected, the states must establish the among the countries of the region, several basis for the implementation of this right. meetings are organized by regional initiatives, Creation of databases provides for a legal having on the agenda of discussions the system that respects the sovereignty of the facilitation of the movement of individuals in country and territorial independence. the region. Almost all countries participating Albania is fully committed to respect all in these events support the idea of free and international obligations dealing with free unlimited movement of individuals not movement of individuals, doing step by step only for tourism and studying, but also for adjustment of internal legal procedures with commercial purposes, international carriers, those accepted internationally, taking part etc., as reflected in the conclusion of bilateral actively in all regional initiatives, providing agreements on visa liberalization. information needed in this area and putting Facilitating the movement procedures, in practice all the commitments.  38  Migration, free Movement of persons and readmission agreements

In this way, Albania confirms the desire The readmission agreements provide a and willingness to act in unanimity with structure of the accountability of states for international organizations and in the same their citizens who enter or remain unlawfully time respect the objectives and initiatives of in the territory of another contracting party. the regional countries. Starting in late 1980, as a result of political changes in Europe, at the beginning of the Migration policy democratic process and fight against the communist regime, was envisaged that a Albania is aware of the fact that there movement of about 30 million people would might need to cope with the negative effects happen in the west and, therefore, would of the irregular movements of people. be very difficult to control this movement. Based on the National Strategy Only in 1989 from Eastern to Western on Migration1, and obligations arising Europe immigrated 1300000 people. After from the implementation of SAA2, the that time the countries of Central and Albanian government seeks a constructive Eastern Europe were gradually transformed management and control of migratory from a source of immigrants, in waiting flows, in the interest of internal stability and transit areas of migrants. The East and economic prosperity, which would European countries rather than Western contribute to greater use of the best human neighbors remain not as “attractive” for resources available on a flexible labor refugees or immigrants who simply seek an market and to increase the opportunities to improvement of living conditions compared enter into formal agreements, individual or to their countries of origin. collective, with other European countries. Readmission agreements require states In this regard it is required a commitment parties to readmit certain categories of to equal treatment of citizens of other persons in their territory at the request of countries who are legally resident in the another contracting party. Pursuant to these territory of the Republic of Albania, through agreements, persons who are citizens of a the approximation of legislation with state party and, in certain circumstances, European standards. The same commitment third country nationals or stateless persons is required to respect the rights of Albanian who have passed through the territory of emigrants in the countries where they live, the requested party or have a residence demanding equal treatment and respect of permit on the territory of that party should international standards in this field. be readmitted.

Overview of readmission agreements in Readmission agreements and contemporary Europe international obligations of States

Readmission agreements emerged in Based on the practice of international the practice of States the first decade after law, each state is obliged to readmit its World War II, mainly in Eastern European own nationals, even in the absence of a countries. Initially they provided the readmission agreement. The need for such regulation of border control and treatment an agreement arises when it comes to the of persons who illegally entered the territory readmission of foreign nationals or third of state parties to the agreement. country nationals, to a third country, who

1 Approved by the Council of Ministers, Decision no.760, 19.11.2004 2 Articles 46, 48 and 80 of SAA Social Studies  Vol. 6  No. 1  39  use the territory of a State to transit and others and for meeting the requirements of enter into the territory of another state that morality, public order and welfare for all. requires their readmission. 3. Article 12 of the Covenant for Civil The agreements are intended to prevent and Political Rights provides that every movement in transit to persons who are not person has the right to leave any country, in possession of valid documents needed to including his country. travel to enter in the neighboring country 4. Article 4 of the Covenant for Civil or country of destination. and Political Rights provides that no one can For the conclusion of readmission be deprived of the right to enter his country. agreements is required dialogue between An analogous provision is provided to the States, including confirmation of the European Convention for the Protection of principle of good relations on the basis Human Rights and Fundamental Freedoms. of reciprocity, in order to prevent illegal Furthermore it is stated: “No one shall be trafficking of persons and clandestine denied the right to enter the territory of the movements. Some states emphases that state whose citizen he is.” the aim to concluding the agreement is In the case of readmission, is faced the not the repetition of this obligation, but issue of state sovereignty over its citizens the facilitation of its implementation. Such with the territorial sovereignty of another agreements are necessary to determine the state. From the legal standpoint, the right to formalities required for readmission, the return at the country of origin corresponds type and level of evidence needed, and with the obligation to readmit persons who determining which party will bear the costs have been refused an extension of their of readmission, or return. residence from another state, who lawfully On the other hand, the conclusion exercises its territorial sovereignty. The of readmission agreements may create respect for human rights in case of return the impression that countries have an to country of origin will depend on the international obligation to readmit their willingness of the person to return. This is nationals only when it is provided in such based on an individual human right. agreement. To avoid this opinion, must be On the other hand, there is an obligation emphasized the role of the implementation of the State of origin to readmit the person, if these agreements. or group of persons, because they did not respect legislation in force, specifically Readmission of nationals of a state those related to enter, transit and stay in the based on these international acts: territory of another state. To put in other words, the basis of compelling a state to 1. Article 13 of the Universal accept its nationals remains a decision that Declaration of Human Rights, provides is personal according territorial sovereignty that every person has the right to return to of that state. International principles require his country. Refusal of return is inconsistent each state to oversee at least its citizens. with this Article. If these citizens are in other countries, 2. Under the terms of Article 29 of the they benefit from diplomatic protection Universal Declaration of Human Rights, the of the state of origin, which is authorized right of persons to return to their country, if necessary to exercise that protection in cannot be subject to restrictions other than the State of residence of citizens. Based those provided by law that are necessary in on the principle of reciprocity, the state of a democratic society to ensure recognition residence has the right to exercise its power and respect for the rights and freedoms of to send back in their country of origin the  40  Migration, free Movement of persons and readmission agreements foreigners who stay illegally in its territory. European Union, enlargement and The more sensitive and concrete readmission policies issue presented in Europe is between the European Union and other European European Union, through its countries where the crossing flows are institutions, is working to integrate all larger and more frequent from the Eastern these countries into the European family. the Western Europe. And the fact is that this family is growing. Readmission agreements are generally Thus, Poland, Czech Republic, the Republic understood as an instrument to prevent of Hungary, Estonia and Slovenia have the uncontrolled influx of immigrants become European Union member. This in countries that have concluded such fact implies that the right of free movement agreements. Eventually the conclusion of within the European Union countries will an agreement cannot solve the problem be guaranteed to all citizens of new members of illegal immigration, especially when countries. However, free movement cannot the other contracting party is not a “safe always be guaranteed since the first day country” within the meaning of the Geneva of membership. A transition period can Convention regarding freedom from be provided, as it was the case of Greece, persecution and abuse of fundamental Spain and Portugal, where a 7-year period human rights. it was considered necessary, in terms of In the same time the readmission accession to European Union treaties. agreements can play no role to prevent The implementation of the Schengen the migration of people who leave their Agreement (initiated in 1985, in force country for reason of poverty. From this from 1990) is indicative of a number of perspective migration is a choice of means positive developments in terms of common for improving the living conditions. migration policy such as: Certainly none of the European countries is - Harmonized policy in the issuance not able to accept hundreds of thousands of of visas; people in search of a better life conditions. - Legal Cooperation in admission Global development should be the goal of procedures and extradition; the international community. Readmission - Effectiveness in terms of legal agreements are only effective as a short- obligations that govern cross-border transfer term adjustment. and detention of wanted persons; There are different opinions on how - Cooperation in the fight against a scheme of readmission can efficiently trafficking of drugs; work. It must be admitted that, initially, the - Elaboration of common information emphasis should be placed on understanding center and updated information in to reach a voluntary return, taking into computerized system. consideration the impact on the mentality Only in the last 10 years, 70 acts have or the experience of migrants. been adopted on immigration and asylum, At this point there is a lot of discussion some of them binding and enforceable (e.g. and immediately noticeable, if we consider Dublin Convention: provides procedures the vocabulary used “identity”, “cohesion” for acquiring the status of asylum, police and “freedom” to proceed further with the cooperation, fight against illicit trafficking “legacy”, “culture” and “development “, people, drugs, etc..) which, almost all include expressions these needed to describe the provisions in their content of readmission unique concept of society and to justify a between the European Union countries and voluntary return. associated countries and their neighboring Social Studies  Vol. 6  No. 1  41  countries, the whole together aiming established in 2003, within the context of at creating a collective and harmonized the Stability Pact for Southeast Europe. European regime. The Amsterdam Treaty By June 2004 it has taken as regional aims to harmonize the will of the states for initiative under the auspices of the Southeast cooperation and interaction. The transfer of European Cooperation Process (SEECP). state sovereignty into interstate structures, of MARRI operates under the direction of course, requires the development of a process its six member countries: Albania, Bosnia that requires faith in the possibility and ability and Herzegovina, Croatia, Macedonia, of intergovernmental structures, while at the Montenegro and Serbia, which meets twice same time preserve the vital interests of states a year at the MARRI Regional Forum. and respecting “Burden-sharing” in the same MARRI addresses issues of population way. The readmission agreements concluded movement in the Western Balkans, aiming at from Albania provide in their content, not a closer regional cooperation and ensuring just the return of Albanian nationals who an integrated approach to contemporary illegally entered the territory of other States, issues of migration, border management, but even third-country nationals who have visa policies, etc.., with regard to the entered through the territory of the Republic European and international standards. of Albania to the territory of other States. The The priority development activity of immediate change in economic conditions, MARRI is to enhance regional cooperation unemployment and the need for higher living in the fields of activity among the region standards, caused a considerable number of itself as an essential part of the European Albanians to leave their own country. They integration process and in respect of the mainly migrated to neighboring countries, Thessaloniki Agenda for Western Balkan3. Italy and Greece, but also in other European The main objective of MARRI is to countries like the Federal Republic Germany, contribute to the free and regular movement Belgium, Switzerland, etc. On the other of people in the interest of security and hand, Albania was seen as a springboard for prosperity, working together in the fields Western European countries by nationals of of asylum, migration, integrated border developing countries. management, visa policy and consular cooperation, the return / resettlement of Regional Initiative on Migration, refugees and displaced persons. Asylum and Refugees (MARRI) MARRI Regional Centre with headquarter in Skopje, Macedonia, began Regional Initiative on Migration, its work in September 2004, meeting the Asylum and Refugees (MARRI) was political commitments of the participating

3 June 2003, in Thessaloniki, Greece, held European troika meeting on JHA with representatives of Greece, Italy, the European Commission, the Western Balkan countries: Albania, Bosnia-Herzegovina, Croatia, Macedonia, Serbia-Montenegro, the candidate countries: Bulgaria, Romania, Turkey and representatives of Europol, the Stability Pact, the EU representative in Bosnia-Herzegovina and Macedonia and UNMIK in Kosovo. Agenda provided inter alia: • Participating countries agreed to prepare a list of achievements, based on commitments made at the London Conference, November 25, 2002, reflecting the measures taken to effectively combat organized crime. This list of achievements will be officially presented at the Thessaloniki Summit in June. • Adoptions of National Action Plans, after the Thessaloniki Summit in order to effectively fight organized crime in the medium-term basis, with EU support. • Strengthen the cooperation of the relevant authorities of the countries of Western Balkans with the liaison officers of EU migration in the context of the creation of Network Migration Officers in order to successfully combat illegal migration and organized crime in general.  42  Migration, free Movement of persons and readmission agreements countries. All MARRI countries have their of Albania in the international arena. representatives in the center and act as a Until now it have been done a good job nucleus for consultation, dialogue, training, in terms of membership in international information exchange, analysis and other acts which address issues of fundamental regional activities. From 2004 to 2005 and freedoms and human rights, including free 2009-2010, Albania has had the presidency movement of individuals. In this context, is of the Regional Forum of MARRI. required not only to achieve the standards MARRI initiative addresses three required as equipping citizens with identity components that occupy a significant cards, effective control of borders and place in the visa policies of Western border movements, deceleration of the countries: the entry and exit of foreigners clandestine movement and in particular in the participating countries, asylum the prohibition of trafficking in human and migration. The main object of this beings, but above all an increase economic initiative during the presidency of this development standards. A specific role initiative from Albania have has been plays the cooperation with neighboring addressed issues regarding the facilitation countries and the region countries. There of the movement of people between have been commendable achievements in participating countries, concluded with almost all areas of cooperation, including signature of visa liberalization agreements not only politically, but also the social and with Montenegro, Kosovo, Macedonia, economic, finalized in a series of bilateral Serbia and Bosnia-Herzegovina. and multilateral agreements. In terms of readmission agreements, Conclusions Albania has respected all international obligations in this regard and has responded As referred to on the issue of free positively to any request for readmission of movement of persons and implementation its citizens, even to countries with which of readmission agreements, one of the there has been not concluded a readmission challenges for state authorities remain agreement. A problem that requires a drafting the legislation and its effective quick solution remains the treatment of implementation in practice, as well as nationals of third countries with which the awareness of the citizens to give their the readmission agreements are not yet contribution in presenting a positive image completed.

REFERENCES

National Plan for the implementation of the 14 July 1985; Stabilization and Association Agreement Council Regulation (EC) no. 2252/2004, The externalization of EU policies on migration 13/12/2004, “On the security standards and and asylum: readmission agreements and biometric in passports and travel documents comprehensive approaches. Dr. Agnes issued by Member States” Huswitz Council Directive dated 28 November 2002 “On Directive “On the status of nationals from countries the definition of unauthorized entry, transit not members of the EU’s long-term resident. and stay”; Council Directive, dated 28 June 2001, part of the Official Journal C 038, 17/02/2003 P. 0001 – 0024 paragraphs of Article 26 of the Convention http://www.marri-rc.org to implement the Schengen Agreement of http://ec.europa.eu Social Studies  Vol. 6  No. 1  43 

IS DECENTRALIZATION IN KOSOVO DELIVERING ON ITS DEMOCRATIZATION?

Lorenc XHAFERRAJ E-mail: [email protected];

ABSTRACT

After 12 years of international administration, although the independence already has been recognized by 83 countries (and counting), one thing is clear: Kosovo society is still divided. The international community failed to overcome the uncertainties of minority groups, to restore their faith in the political process and in terms of generating concrete policy toward multi-ethnicity and social cohesion. Despite frequent rhetoric of multi- ethnicity, the international community, in other words, has achieved little in terms of building the foundations in the entire Kosovo territory toward reaching a stable community, with democratic institutions and multi-ethnic society. In Kosovo the international community- supervised provisional institutions have legitimacy issues. The continued presence of ‘parallel’ institutions in northern enclaves, together with the lack of social cohesion, is contributing to the undermining of the capacity of government institutions to exercise their mandate. The main goal of my paper is to analyze the current implementation of decentralization process in Kosovo paying special attention to situation of social cohesion. By underlining the importance for achieving a sense of a common community and identity in Kosovo, the paper aims to identify to what extent democratisation in general and decentralisation, in particular, have reached their objective in creation of social cohesion among different ethnic communities in Kosovo. Keywords: Kosovo, multi-ethnicity, social cohesion, minorities

Introduction society has been the key message of any speech or action delivered by the Kosovo issue represents today the international community, with the sole most discussed topic at the diplomatic purpose to ensure peaceful processes toward and historian circles. In Kosovo, since building a democratic and prosperous the establishment of the UN Interim society in Kosovo. Administration in mid 1999, creating Despite frequent rhetoric of multi- a sustainable and cohesive multi-ethnic ethnicity, the international community, in

Social Studies 2012, 1 (6): 43-49  44  Is decentralization in Kosovo delivering on its democratization? other words, has achieved little in terms nationality, because the nation of Albanians of building the foundations in the entire had its own state in the neighboring Kosovo territory toward reaching a stable Albania. In addition, there was a fear of community, with democratic institutions Kosovo joining Albania and another fear and multi-ethnic society. By investing more that a republican Kosovo would create in the political, institutional and economic a Serbian political backlash against the development of Kosovo, the international national Yugoslav government. community failed to implement the notion According to the 1974 Yugoslav of multi-ethnicity beyond the existence constitution Kosovo had an equal status of ethnic groups living in separation. to that of the republics. For example, The strategy “standards before status” Kosovo had direct representation in the followed for several consecutive years Yugoslav federal bodies. It also had its by the international community, which own parliament, government, national had priority building and strengthening bank and police. In addition, until 1980 of political institutions on the ground, more Albanians participated in federal failed to create the necessary channels of institutions, giving them more political communication at the community level. power and governmental control over This situation raises serious questions about Kosovo. So that, all historians take it for the prospect of inter-ethnic relations in granted that within the structure of the the post-UNMIK, as it is thought that the Yugoslav government, Kosovo‘s status in mandate of UNMIK is artificially extended relation to Serbia was never clearly defined. and that we are witnessing that his powers In the late 1980s under Milosevic are gradually transferred towards EULEX. regime, Kosovo Albanians lost their economic and political power. Kosovo‘s Kosovo quest to independence autonomy was abolished and the power was transferred to Serbia. However, the The conflict between the Kosovo and majority of the population remained Serbia is often attributed to the long history ethnically Albanian, and in response to of ethnic and cultural tensions between Milosevic‘s policies, parallel Albanian Albanians and Serbs. A good starting point structures formed. These policies and to understand how political institutions structures provided schools, health contributed to ethnic conflict in Kosovo, services, and political representation serves the examination of political status through a parliament and president via under the Federal People‘s Republic of secret elections. Yugoslavia. The federation was a union At the time when Croatia and Slovenia of six federal republics namely: Croatia, became independent countries, Kosovo Bosnia, Macedonia, Montenegro, Slovenia, Albanians realized that attaining a republic and Serbia. Kosovo and Vojvodina held status within the Yugoslav federation was autonomous status within the Federal no longer possible, so that independence Republic of Serbia. was the new goal for them. The failure of There are several reasons why Kosovo the international community to intervene received a provincial status rather than on time in Kosovo and continuing Serbian a republican one. One of interesting aggression caused more extremist response fact to list here is that according to the from Kosovo’s. The Kosovo Liberation prominent historian Noel Malcolm the Army (KLA) was created and it exercised Kosovo Albanians under the Federal violence to the specifically targeted People‘s Republic of Yugoslavia were just a Serbian police and paramilitary. Heavy Social Studies  Vol. 6  No. 1  45  indebted by the massacres in Bosnia, the the independent Kosovo, it encountered Western powers finally decided to engage strong opposition from Serbia and Russia. the Kosovo and Serb leadership in peace As we speak today, after some 12 years talks1. However, once the Rambouillet- of international administration, although Paris talks failed, the Western powers the independence of Kosovo, which was had no choice but to send NATO forces declared on February 17th 2008, already to launch a 79 days military campaign, has been recognized by 83 countries, one mainly focused on air strikes again military thing is clear: Kosovo society is still divided. targets of Milosevic regime. The international community did not The military campaign ended with the succeed in overcoming the uncertainties withdrawal of Serbian troops from Kosovo. of minority groups, particularly Serbs and UNSC Resolution 1244 established the Roma, to restore their faith in the political UN Mission in Kosovo (UNMIK) and a process and in terms of generating concrete peacekeeping force led by NATO known policy at the service of multi-ethnicity and as KFOR. But, in 2004, ethnic riots social cohesion. between Albanians and Serbs occurred Marti Ahtisaari, Special Envoy of the again across Kosovo. The international Secretary General of the United Nations, community was unsettled by these new in his “Comprehensive Proposal for dramatic developments on the ground. Kofi Kosovo Status Settlement”, presented in Annan, then UN Secretary General, issued mid year of 2007, offering the option of a mandate to investigate whether or not it “conditional independence” supervised by was time to begin talks on the final, or at the international community, once again least future status of the province. From stressed the principle of multi- ethnicity, this mandate, the Ahtisaari Plan eventually a key principle for building a sustainable emerged. Its aim is to define the provisions peace and a prosperous society in Kosovo. necessary for a future Kosovo that is viable, Although the concept of creating a sustainable and stable. Specific provisions multi-ethnic Kosovo was accepted as a included the establishment of a democratic panacea to resolve all the problems that is multi-ethnic society, a constitution that facing Kosovo, one thing is clear on the protects human rights and minority ground- it is very difficult to achieve it. communities2, protection and promotion Even the Kosovo Albanians that accepted of the rights of members of communities, without hesitation the Ahtisaari Plan, decentralization specifically in regards to were pretty aware of the complexity of the Kosovo Serb community, repatriation issues related to implementing this task. of any refugees who wish to return and For example, at an interview that Mr. reclaim property, a multiethnic judicial Veton Surroi, then a prominent publicist system, and a multiethnic police force. and now a politician, gave to a journalist Although Mr. Ahtisaari won the Nobel of Institute for Peace and War Reporting Peace Prize, the Ahtisaari plan, which was (IPWR) on 24 March 2000, he clearly accepted without reservation by the Kosovar stated that “I would advocate a tolerant side and later became the constitution of Kosovo, but not necessarily a multi-ethnic

1 US Secretary of State, Madeleine Albright, vowed “to prevent what happened in Bosnia from happening in Kosova”. 2 Kosovo has one of the most liberal constitutions regarding minority and human rights in Europe. For example, parliament with its 120 seats has 100 seats secured through direct vote and 20 seats reserved for ethnic minorities: 10 for Serbs and 10 for other ethnic minorities.  46  Is decentralization in Kosovo delivering on its democratization? one. This reminds us of “brotherhood and legal and territorial ties. unity” in socialist Yugoslavia, which failed Another significant aspect is related in flames as we have seen3”. to creating a sense of belonging to a shared “imagined community” is reflected Social cohesion in Kosovo by creating a collective wish for living together within the same state. In the Sociologists say that cohesion is an case of conflict-affected societies, this ideal towards which societies have to can be facilitated through promoting and strive continually. It is a goal to which implementing participatory and inclusive they aspire, but never fully achieve. This aspects of democracy while postponing makes precise definition elusive. In its the implementation of its competitive literal sense, social cohesion is about what components in the immediate post-conflict binds societies together. All societies are era. This entails promoting channels of the result of interplay between the forces social communication and ensuring the of unity and the forces of division; the participation and inclusion of individuals things that bring people together and the in political and social processes. things that drive them apart; the interests There is a little trust between of the individual and the interests of the major ethnic groups in Kosovo. Serbs community. All societies strive to achieve a are convinced they would face heavy level of accommodation and compatibility discrimination if they accepted integration. between these forces, without aiming at In Mitrovica serbs complain all the time fully eradicating conflicts, because the and believe that attempts toward their later is a necessary and permanent feature integration are aimed at their destruction. of life in a society. The differences of opinion between the The achievement of unity entails the Serbs and Albanians regarding the future creation of a sense of cohesion within the status of the province reflect the absence of political elite and society. The notion of a sense of social cohesion, which weakens national unity in post-conflict societies the capacity of Kosovo’s provisional can be developed through undertaking institutions. a reconciliation process, promoting The language barrier reinforces social communication and developing division. Since 1999, there has been no an overarching collective identity across bilingual education on either side of the diversity. Reconciliation aims to transform Iber, and younger Albanians and Serbs relations between individuals and groups communicate in English. Older Serbs in from antagonistic to accommodative. the northern municipalities are far less likely Social communication, which is about the to speak or understand Albanian than their transmission of information within the kin in the southern enclaves. Educated in society, helps to bind a group of people as separated schools, the Albanian and Serb a nation, made up of individuals who are children and youth have had virtually no willing to continue living together within contact and communication in the last the same political community. National two decades. Relying on the nationalist identity, which can be created in different media circulating one-sided, politics- ways, is about the institutionalization of dominated news and information, the a collective identity constructed upon Serbs and Albanians have had no exchange cultural, linguistic, religious, political, of information or views. Fuelling the

3 See “Interview with Veton Surroi”, IPWR No. 127, 24 March 2000. Social Studies  Vol. 6  No. 1  47  already-existing prejudices and the sense structures. In building a sense of national of victimhood at the hands each other, cohesion and development of functional this situation has reinforced the divisions government institutions, it is of paramount between the two groups. The lack of importance that during the initial transition contact and communication between the phase, to set aside some competitive aspects members of the two groups has hindered of democracy, while implementing its other the opportunity for discussing the past and aspects that have a comprehensive aspect establishing a common ground for finding a and facilitate communication channels mutually acceptable solution to the conflict. between the parties. In this sense, the decentralization process, as it is being Decentralization: pros and contras implemented now in Kosovo, is one of the processes that should have been delayed. Under the Ahtisaari plan, the In the case of Kosovo, decentralization international community has pushed does not guarantee equity between ethnic the Kosovo government to implement groups. It seems to us, it would serve as a decentralization in order to maintain temporary solution to ease tensions and will stability between Kosovo Albanians allow Serb enclaves to have some political and Kosovo Serbs. The rationale for and cultural autonomy separate from the decentralization, according to the Ahtisaari Albanian dominated national government. Plan, was ―to promote good governance, With decentralization, Kosovo political transparency and effectiveness in public parties are organized according to ethnic services, recognizing the concerns of the groups, and ethnic enclaves form local Kosovo Serb community. According to communities. Citizens look to their political the provisions for decentralization, Serb parties rather than the national government majority municipalities have autonomy in as advocates of their particular interests. the areas of education and health as well as Thus, politics and the fight for political in finance and budgeting. power take on an ethnic perspective. In the This was one of the biggest long run, decentralization will not provide achievements in Kosovo in 2009, and has security and stability in Kosovo. enabled local communities from all ethnic Today we are witnessing the sad groups to have an influential role in the situation in the North of Kosovo, where municipalities where they live. Even more Serbia and Kosovo institutions intersect formal progress might have been possible and overlap without formal boundaries if the executive powers were used more or rules. The majority Serb and minority frequently, but this would in turn be a Albanian communities there live within threat to local ownership and popular separate social, political and security support for the peace building and reform structures. Virtually all Northern Serbs processes. Real societal changes demand reject integration into Kosovo and believe the involvement and support of local their institutions and services are far better stakeholders, while external interveners can than what is offered south of the Iber River, only facilitate and support them. especially in education and health care. From our point of view the These institutions still provide healthcare, achievement of national cohesion is of education, and wages to past civil servants particular importance because the absence to Serbs living in North Mitrovica. or existence of a weak sense of national Based on the well known fact that cohesion, are likely to undermine the decentralization is distinct from parallel capacity and legitimacy of institutions and structures, the existence of parallel  48  Is decentralization in Kosovo delivering on its democratization? structures in the north delegitimizes the of reinforcing prevailing and minority Kosovo government because it provides power relationships. state services and prevents the Kosovo For ages, both Albanians and Serbs government from functioning there. have competed for political and economic Serbs run the parallel institutions, and power. The lack of economic resources and the Kosovo government is seen as an the lack of equal access to political power Albanian representative. Therefore, an have served as the spark, igniting incidences ethnic division is reinforced between the of violence between the two groups. The two groups. current dire economic situation and taking Decentralization also creates divisions into consideration the fragile government by separating communities from each and the slow reconciliation process, the other because they are organized around ethnic violence is still possible. ethnicity. Decentralization of government There are many indicators showing structures along with mandatory minority problems of social inclusion in Kosovo. representation in parliament promotes According to the latest public opinion ethnic politics rather than integration. published by UNDP in March 2011, In some cases, decentralization works among the important factors of division because of the demography of the country within society, is an excessive gap between and because it allows ethnic groups to the rich and the poor. Economies based on have equal political and economic power the free market, like any other economic in segregated enclaves. However, in the system, produce differences of wealth case of Kosovo, decentralization does not and social status. Such differences will be guarantee equity between ethnic groups. tolerated as long as people feel that they Language is another barrier. Having have equality of opportunity to improve separate schools for Albanian students and their situation. If, however, the differences Serb students will be detrimental to the become too flagrant, and above all if the Serb population more than the Albanian less privileged feel that they have little real population. Serb students will not be hope of bettering themselves, that they are able to communicate outside the Serb trapped in a situation of poverty and social enclaves. Therefore, they will not have the exclusion, and that this handicap is passed same access to jobs as Albanians because on from generation to generation - in short, of the language barrier. Thus, they will that they have no stake in society because not be able to fully integrate into society. society has nothing to offer them - then In addition, Albanian and Serb students socio-economic divisions start to put social learn different histories, which impact cohesion seriously at risk. their view of Kosovo and of each other. In order to end the cycle of ethnic Furthermore, Albanians and Serbs in violence, political institutions need to change. Kosovo will face problems of interaction While decentralization is giving some sense since they are constantly segregated from of autonomy to minority communities it also each other. While integration does not encourages ethnic-based politics, which leads necessarily insure a ready peace or stability to conflict during tough economic periods. it does create conditions that necessitate Leaders of both communities on the local capacities for dialogue, between both level should facilitate more dialogues about every-day people and their representatives how the two ethnic groups can reconcile. in government. In this way, integration, Discussions could first start out on practical over time can necessitate new priorities matters in which cooperation is required such for fostering mutual engagement instead as on utilities. Social Studies  Vol. 6  No. 1  49 

Local mayors and the national within society and then design or facilitate government should also take the lead in mechanisms, processes and institutions supporting projects that promote discussion that prevent them from becoming so between communities on the local level. acute as to endanger social co- living They should openly discuss how to increase of all the ethnic groups in Kosovo. Serb participation in the government as Good governance is recognized by the well. Presently, there is Serb participation in international community as one of the the parliament and government of Kosovo, pre-conditions for social and economic but the government should advocate for progress. The fight against corruption is more Serb participation in the national of particular importance in this context. bureaucracy. In long term the government A social cohesion strategy involves action should build its capacity to allow equitable to combat poverty and social exclusion, access to political and economic power for particularly in areas such as housing, health, all individuals. education and training, employment and The only way the government can income distribution, education and social get rid of ethnic-based politics is if it services. Diversity is not in itself divisive. provides equal access to economic and As the all the countries in the Balkan political power. In addition, all Kosovo region aspire to the full integration into citizens need to have equal access to the European family, including Kosovo, health, education, and employment. they will better acknowledge the fact that Quality of these services is also important. Europe is united and gaining strength Decentralization may provide access but from its diversity. But, like anywhere and does not ensure equal quality. Kosovo especially in Kosovo, to manage diversity in Albanians, Serbs, and other minorities a way which releases its potential for good must see evidence that the government is is, however, a challenge. It involves a lot of promoting an equitable society based on preparatory work on the ground followed merit rather than based on ethnicity, social by determined action from all the relevant status or past political affiliation. national and international actors to step Finally, in Kosovo there is an urgent up the integration of all groups of society need to refine the social inclusion on the basis of respect for their differences approach. A strategy for social cohesion and full recognition and implementation of must first identify the factors of division their fundamental human rights.

REFERENCES

Dahl, Robert.1989. Democracy and Its Critics. Jessen-Petersen, Soren. “Challenges of New Haven: Yale University Press Peacebuilding: The Example of Kosovo”, Judah, Tim. 2008. Kosovo: What Everyone Needs Security and Peace, Vol. 24, No. 1, pp.6-10 to Know. New York. NY: Oxford University Malcolm, Noel. Kosovo: 1998. A Short History. Press. New York: New York University Press Judah, Tim. 1997. The Serbs: History, Myth and Ottaway, Marina, “Nation-Building”, Foreign Destruction of Yugoslavia. New Heaven and Policy, Nr. 132 September-October 2002; London: Yale University Press pp.16-22

ALBANIA AND ITS DIFFICULT ROAD TOWARDS THE EUROPEAN INTEGRATION

Lorela HYSA - University “Justicia”, Tirana-Albania E-mail: [email protected];

ABSTRACT

European Integration is one of Albania’s current challenges and stays in focus of all Albanian institutions. On 28 April 2009, Albania introduced the application for membership in the European Union Council during the Czech presidency. On 16 November 2009, the Council of General Affairs and External Relations (GAERC), asked to the Commission to prepare an Opinion for Albania. On 14 April 2010, the answers of the questionnaire drafted by the European Commission, are given to Brussels. The fulfillment of Copenhagen standards, the implementation of the Stabilization and Association Agreement and the adaptation of Albanian legislation with the European one, have and will have constant attention from Albanian institutions. This event is focused not only on the international relations context, but also on the internal area, making local institutions and the Albanian society, increasingly conscious about the obligations and advantages offered by the European Integration process. With the entry into force of the Stabilization and Association Agreement, the relations between EU and Albania are increasingly consolidated. All above-mentioned is particularized in this scientific work, wanting to make a general portrayal of this important process of European Integration. I tried to analyze some of the main strategies on which the EU has supported its enlargement policy, focusing also especially on Albanian’s efforts to become part of the great European family.

Introduction factor” in the reform process in Albania. The conditions of EU for the Albanian To become part of a large interstate legislation adoption with the “acquits”, organization such as European Union, constitute the main impetus for the is necessary to initiate many important reforms development in Albania. In this reforms in different sections of policy, proceedings the object of the analysis is: economy law etc. In the integration ”Albania and its difficult path towards context, the European Union plays on the European Integration”. The analysis important role as an “external influences consists of three subheadings:

Social Studies 2012, 1 (6): 51-55  52  Albania and its difficult road towards the European integration

The first subheading treats the relations SAP as a plank of EU policy towards the between EU and Albania. This part of Western Balkan countries.1 Since that analysis shows the perspective offered by time, one of the main priorities of EU EU for the integration of Western Balkan is preparing to integrate these countries and the Albania’s readiness, as part of this into EU.2 This strategy is used by EU region, to be integrated in the EU. The to avoid the possibility of cultivating a analysis makes a general portrayal of SAP, straining center in the Western Balkans including the Stabilization and Association region. SAA represents the main element Agreement (SAA) and represents the of SAP since the relations between position of Albania in this process. EU and each Western Balkan country The second subheading analyzes the become official through this deal. The standards that Western Balkan should Stabilization and Association Agreement fulfill to be part of the great European is an international legal agreement family. In this analysis are presented the between the signatory country and the general conditions of membership such as EU, whose function is to establish a legal those provided in the EU Treaty and the frame work for cooperation and gradual conditions set out in Copenhagen in 1993. adaptation to the European Standards The third subheading constitutes by the countries seeking to join the EU. the principal object of this paper. It Since the beginning of the Stabilization is completely dedicated to Albania and Association Process (SAP), Albania, and its efforts on the difficult path to as part of Western Balkan, has become EU integration. The analysis is based on active part of this process. After the on the latest progress- report drafted establishment of diplomatic relations by European Commission for 2011, between Albania and European Union analyzing all in all, the progress achieved in June 1991 immediately after the by Albania, but also those sectors were the establishment of the Parliamentary country has remained in cramp. Republic in March 1991, the two pairs signed the Trade Cooperation Agreement The Stabilization and Association in 1992 which concretized for the first time, Process the Albanian efforts to approach towards European Union. Since 1992, Albania’s The Balkan’s conflict in the nineteenth relations with EU have become closer and and twentieth century, prompted the EU have expanded in several different areas. to develop the necessary strategies for the After the difficult change of system in Western Balkan countries to support the Albania and after the events of 1997 as a peace, the stability and the prosperity of result of the collapse of pyramid schemes this region. In July 2000, the European and the fall of the state, it was necessary Council decided in Feira, that the Western to proceed with a Stabilization and Balkan countries: Albania, Macedonia, Association Agreement with Albania. The Croatia, Bosnia-Herzegovina, Serbia- General Affairs Council adopted in October Montenegro are “potential candidates for 2007 the negotiating draft directives for an EU membership”. The Zagreb Summit SAA and decided to open negotiations for decided in November 2000, to establish signing an SAA with Albania. The official

1 Zagreb Summit, Final Declaration, 24.11.2000. 2 Communication from the Commission to the Council and the European Parliament. The Western Balkans and the European Integration, Brussels, 21.05.2003, COM (2003) 285 final. Social Studies  Vol. 6  No. 1  53  opening of negotiations took place on 31 prerequisites and essential elements for all January 2003. subsequent EU membership.7 MSA regulates relations between the These are the conditions: EU and Albania in political and economic • As a condition to be part of EU, the plan and offers the possibility to reach a free candidate country must have achieved trade area between EU and Albania within the stability of their institutions that 10 years.3 This agreement brings Albania guarantee democracy, rule of law, one step closer to EU membership. It is a respect for human rights and minority prerequisite for a subsequent admission of protection. Albania to the EU and to be prepared for • This requires the existence of a its future EU membership. functioning market economy and the ability to cope with the competitive The conditions of EU Integration pressure and with the market forces inside the European Union. European Union has set same • The membership also requires each important conditions for the integration. candidate country to assume the Each state which requires the membership, obligations of membership and be should undertake and implement a wide able to make its own aims of political, variety of adaptation of its legislation with economic and monetary union.8 the EU one. The conditions required by Meanwhile in the Amsterdam Treaty the EU are divided in three categories: were established the political preconditions the political, economic and legal. The for the EU Membership. Article 49 of the political condition means the approach to Treaty of EU regulates the procedures of EU the fundamental values of EU which are: accession. Thus paragraph 1 provides that Democracy, the state of law, protection each state which respect the principles set of human rights, protection and respect out in Article 6, first paragraph of the EU for the rights of national minorities4; Treaty, can apply to join EU. Furthermore, Economic condition means establishing Article 6, paragraph 1 provides that every a functional market economy able to European country with a liberal-democratic withstand the competitive pressures form of government has the legal right to and market forces inside the EU. The make the application for EU membership. legal condition means the obligation of candidate countries to adapt the EU Albania and its integration challenges legislation, called “acquis”5; the conditions of Copenhagen represent an important Regarding the European Integration, part of the EU policy for the membership. Albania must undertake a wide range of They were formulated by the European important reforms. The success of this Council in Copenhagen in 1993.6 These reforms depends principally from the conditions are known and made as general consensus of political forces and from

3 http://www.europarl.at/europarl/default.pxml?lang=de&kap=62 4 Piazolo Daniel, The integration Process between Easter and Western Europe, Heidelberg, pg.5-7 AND European Council, Conclusions of the Presidency, Copenhagen, June 1993. 5 Commission Staff Working Document, Albania 2006 Progress Report, COM (2006) 649 final. Brussels, 08.11.2006, fq.10 6 The European Council Meeting in Copenhagen was realized in 21 and 22 June 1993. 7 Thessaliniki Summit 21 June 2003, http://ue.eu.int/ueDocs/cms_Data/docs/pressData/de/misc/76317.pdf. 8 Paragraph I.13 of the final requests of European Council.  54  Albania and its difficult road towards the European integration the approval that the population gives to has started since the general elections of these reforms. June 2009. Due to the political impasse, Specifically, what remains worrisome the progress of legislative review and of in Albania is: “the lack of political willpower the executive oversight function remains to be involved in a dialogue to find insufficient.11 consensual solutions to different situations, There has been limited progress in to overcome differences in attitudes and to the field of public administration reform, achieve a compromise which cam ensure which is the main priority of the Opinion. the function of democratic institutions.”9 Pending the adoption of the amendments The actual report of relations between to the Law on Civil Service, the civil service Albania and EU is characterized by the suffers from significant shortcomings, completion and entry into force of the particularly with regard to meritocracy SAA, of the temporary Agreement on trade principle during the recruitment process; area, the process of visa liberalization and promotion rules etc. the Albania’s efforts to gain the status of The civil service function continues to the candidate. suffer from politicization, particularly with But let’s make o research on the last regard to promotions.12 progress report of European Commission If we refer to the economic criteria, for the year 2011, regarding the progress although there have been same advances made by Albania with respect to the general in establishing a functional market conditions set by EU for the integration, economy, Albania needs to undertake including also those sectors where the further structural reforms, such as: Albanian progress has been more modest: strengthening the rule of economy policy, In the last progress report drafted improving labor market performance and by the European Council in Brussels protect property rights. in mentioned among other things, that The European Council also notes Albania has generally met the conditions that in the recent years, Albania has of the stabilization and Association Process. made enormous efforts to harmonize its Albania is strongly committed to regional legislation with the EU “acquis’’ cooperation. It plays a constructive role Albania has made progress in the area in the region and actively participates in of justice, freedom and security. Albania has regional initiatives. Bilateral relations with made progress in bilateral and multilateral the neighbors are generally good.10 relations and it is making progress with the If we refer to political criteria, we legislative adaptation in area of common may say that Albania’s political scene is security and defense policy.13 dominated by the persistence of political However, the country faces with big impasse and the partial boycott of parliament challenges in implementing and ensuring by the opposition. This political stalemate the legislation application.

9 Eduard Kukan, director of European Parliament Delegacy, June 2011 10 Commission Staff Working Document, Albania 2011 Progress Report, SEC (2011) 1205. Brussels, 12.11.2011, page 6. 11 Commission Staff Working Document, Albania 2011 Progress Report, SEC (2011) 1205. Brussels, 12.11.2011, page 7. 12 Commission Staff Working Document, Albania 2011 Progress Report, SEC (2011) 1205. Brussels, 12.11.2011, page 12. 13 Commission Staff Working Document, Albania 2011 Progress Report, SEC (2011) 1205. Brussels, 12.11.2011, page 26. Social Studies  Vol. 6  No. 1  55 

Conclusion Article 6 of EU Treaty; on the requirements of European Council Copenhagen in The European Council has supported 199316 etc. The present report of the in Thessaloniki Summit14, the idea of the relations between Albania and the EU is membership of Western Balkan countries characterized by the completion and the in EU. EU plays the main role as an entry into force of SAA , the temporary “external influences factor” in the internal Agreement on the trade area, the process of reforms of Western Balkans region. Albania visa liberalization and the Albania’s efforts takes parts of the countries on this region, to obtain the candidate country status. whose relations with EU are defined by Despite numerous warnings and the Stabilization and Association Process suggestions of the European Council on (SAP)15. The integration in the context the final opinion for 2011, regarding the of SAP enables the EU to influence and Albania’s progress, we must be optimist and promote internal reforms in Albania. we can say with complete security that this European Union has based its policy report confirms the commitment of bath of expansion on certain conditions. These parties, EU-Albania, in the hard but not conditions are laid dawn on Article 49 and impossible path of Inttegration.

BIBLIOGRAPHY

Anastasi, Aurela. 2004. Constitutional Law, Thessaloniki Summit Meeting between the Tiranë: Pegi. EU and the Western Balkan Countries: Calic, Marie-Janine. 2005. The Europeanization Statement dated June 21, 2003, 10229/03 Strategy for the Western Balkans. The Test (163); Process of Stabilization and Association The Thessaloniki Agenda for Western Balkans: Agreement (SAP), South-Eastern Europe The path towards EU Integration. 1/2005. Commission report on the possibility Lleshi, Sokol. 2007. “Albania and its difficult of an achievement of a Stabilization and Europeanization”, in Polis 4, scientific journal Association Agreement with Albania, COM of the political science and international (1999) 599, DATED November 24, 1999. relations department, European University Commission Document for Albania Stabilization of Tirana, autumn. and Association Report 2011 SEC (2011) Zajmi, Iva. 2010. European Law, Tirana: Tirana 1205, Brussels 12.10.2011. University. The final requirements of European Council in Puto, Arben. 2004. Public International Law, Copenhagen, Bull. BE6-1993, pg.8. Tirana: Albin. The Stabilization and Association Agreement Zagreb Summit, 24 November 2000; between Albania and EU;

14 Thessaloniki Summit, 21 June 2003. Available on internet: htpp://ue.eu.int./ueDocs/cms_Data/ docs/pressData/de/misc/76317.pdf. 15 The Stabilization and Association Agreement between EU and Albania. Avalable on Internet: http:// mie.gov.al/skedaret/1191399573-SAA%20Final%20Shqip%2002.06.06-1.pdf. 16 The final requests of European Council in Copenhagen, Bull. BE6-1933, pg.8.

AUSTRIA-HUNGARIAN ROLE IN OPENING AND SUBSIDING ALBANIAN SCHOOLS IN THE ALBANIAN LANDS DURING THE SECOND HALF OF 19TH CENTURY UNTIL 1912

Jani SOTA - “Aleksander Moisiu” University, Durres - Albania; Faculty of Education E-mail: [email protected]

ABSTRACT

This paper is devoted to the role of Austria-Hungary in the opening and financial support to primary schools in Albania as in Albanian parish and other Albanian territories, especially in Kosovo Vilayet during the second half of the 19th century until 1912. Also, in this paper deals with the politics of the Austro-Hungarian rule in relation to education in Albania and Albanian students’ education scholarships in Austrian schools and various institutions of the Empire. Given that until 1912, when it began the revival of the Albanian state, the largest number of Albanian students abroad were educated in Austria. Despite political and propagandistic character of these schools which were subsidized by Austria- Hungary, they served to the Albanian national inspiration, education and emancipation of the Albanian national awareness. Prompted by the outbreak of revolts of the years 1910- 1911, the Albanians were given chances to join for a wide national political and military struggle of independence. This unity was the basic foundation stone of gaining national freedom and independence for Albania. Keywords: Albanian school, education, liberal, financiers invest, students etc.

1. Introduction second siege of Vienna in 1683 and the Treaty of Karlovac dated 1699. Austria-Hungary for a long time was Balkan populations had their hopes the hope of freedom and liberation for based at Vienna after the victory of all Christians of the Balkan Christians, Austria against Turkey, in 1983, and other especially after its victory against the successes until 1699, when it relates to Ottoman Empire, in the outbreak of the Karlovac Peace Treaty (1699). This was

Social Studies 2012, 1 (6): 57-65  58  Austria-Hungarian role in opening and subsiding albanian schools also the hope the Albanians had under the credit” of the Austro-Hungarian rule2. Ottoman Empire rule.1 It should be emphasized that Albania The right of the Austro-Hungarian today is as according to the Conference cult-protectorate on Christians under the of Ambassadors in London of 1913, Ottoman Empire, according to the Treaty and part of northern Albania, especially of Karlovac of the year 1699 (article 13), the city of Shkodra, are the result of on the one hand, there was also a right Austria-Hungary’s efforts to establish an to protection of Freedoms and Human autonomous Albanian state in the Balkans Rights on religious aspects, [the plane and the ongoing war for freedom and of international law]. Treaty of Karlovac independence of the Albanians. (1699) and Reichstadt Treaty (1876), are Almost all of this work is grounded two very important events in the history and based mainly on archival sources of Albanian people, but also in terms of and written in Albanian history studies, development of international law, because not excluding other sources and foreign in the first one (1699), for the first time authors. An attempt is made to lighten was examined the Protection of Freedoms the new historical facts and unknown and Human Rights, while the second diplomatic, military, educational and (Reichstadt Treaty, 1876), for the first cultural sources, which, in a measure, time in circles of European diplomacy, clarify also an important part of our the question of forming an autonomous history in the context of the Albanian Albanian state. national time events and educational In this context, with these facts, developments, cultural and geopolitical in evidence and numerous archival Europe and the Balkans, and the national documents found, we see that there was political situation of the Albanians and an attempt to lighten the life segments Albania in relation to the Ottoman of political, diplomatic, military and Empire and the Balkan states. geopolitical changes in Europe and the Balkans, which inevitably, Albanians and 2. Institutions for the education of the their national issue, would connect and clergy (the Jesuit and Franciscan) create certain friendly relations, would foster a sense of sympathy and their hope Austro-Hungarian interests in Albania to Austria-Hungary. and the Albanians, especially the Catholic The Cult-protectorate right of the population of Northern Albania, started Austro-Hungarian over Albanians and from the seventeenth century. From the Albania had a duration of 219 years, so attitude of the Austro-Hungarian Empire when signed the peace treaty of 1699, to to major political events of Military the destruction of the Austro-Hungarian Russo-Turkish War, Peace of San Stefano Monarchy in 1913, although restricted by and Berlin Congress, Albanian patriots the Conference of Ambassadors in London, had taken courage to be heard. In terms in all documents of the Albanian state of creation and activity of the Albanian archives and documents of foreign material, League of Prizren, Austrian diplomats in it was described as “a special project and Scutari and Prizren, showed sympathy,

1 Jirecek, Josef Constantin. Act et diplomata res Albaniane media aetatis illustrantia. Vindobonae 1913- 1919, Vol. 1-2, pp. 356-357. 2 Zenelaj, Eqerem (2010). Çështja shqiptare nga këndvështrimi i diplomacisë dhe gjeopolitikës së Austro- Hungarisë (1699-1918), Prishtinë-Faik Konica, pp. 543. Social Studies  Vol. 6  No. 1  59  and this served as moral support for the of Cult-protectorate”, gained from the Albanian guerrillas. Ottoman Empire by the Peace Treaty of Since the year 1842, within the Cult- 1699 (“Article XII Carlovitz du Train de protectorate that Austria had in Albania, 1699”), then the provisions of the Treaty the initiative was taken to Vienna for the of Passarovitz the year 1718 (“Article 10 du opening of school in Shkodra, which were Traite de Paix conclu entre la Republique de funded by Austria3. Oldest educational Venise avec le Sultan Ahmed III a Passarovitz institutions in Albania were those religious en 1718”), and according to the Belgrade institutions which were set up with help and Peace Treaty of 1739 (“Article IX du Traite support of the “Franciscans” and “Jesuit”3. de Belgrade en 1739”)5. The formation of parish schools and Passarovitz Treaty, in the year 1718, other religious institutions subsidized by relapses and speaks for provisions that the Austria-Hungary, so those schools were define the Law of the Austrian Cult- opened in many Albanian lands, especially protectorate on Kosovo, where it stated: in major cities of Kosovo and Albania. “Article XI du Traite de Passarovitz” (Il On 9th April, 1880 Foreign Minister ressort de ce qui que la sauce au address of the Austro-Hungarian Empire, Heinrich vizirielle paper Kossovo Vilayet de 1309 Freicherr von Haymerle, had prepared a en date du Muharram in contient en new regulation for the system of subsidies aucune des nuovels mine Concession Qiu to Austria-Hungary, based on right and auraient ete faites et au Royal Imperial exercising within Cult-protectorate of Gouvermment report a la par Protection Austria in the Balkans. The regulation catholique du Cult. Mais Quelle n’est qu’un of subsidies, had approved by Austrian resume incomplet de l’usage sur les ab Emperor Franz Joseph I, dated April antiquo funds Traites Qiu et demontrant 11th, 1880. The main part of the Austro- avai toujors calls incite au mode de les Hungarian subsidies, provided only for interpreter et de les appliquer”6. Albania, capturing a total of 50% of Particularly important is the role all other subsidies given to the Austro- of Austria in the support and assistance Hungarian and allowed in the Balkans and for the establishment of Catholic faith beyond, close to the Near East4. institutions and schools where Albanian From 1896-1899, even more language was also used. Starting from the subsidies were given to the benefit of Cult- second half of the century, the imperial protectorate on Albania. These schools Austrian authorities sent Austrian state and institutions of Jesuit and Franciscan, qualified teachers for those schools7. Then, which were subsidized by the Austria- sometime in 1861, foreign teachers were Hungary, were based on International replaced with teachers who knew the Law and the support of the Albanians, it Albanian language. As the first schools reasoned with the provisions of the “Right in the beginning were for boys later were

3 Rexhepagiq, Jashar (1970). Zhvillimi i arsimit dhe i sistemit shkollor të kombësisë shqiptare në territorin e Jugosllavisë së sotme deri në vitin 1918, Prishtinë, pp. 163. 4 Schanderl Dieter Hans: Die Albanienpolitik Osterreich-Ungarn und Intaliens 1877-1908, verlag:”Otto Harrassovitz”, Wiesbaden, 1971, pp. 93. 5 Glenny, Misha: The Balkans, 1904-1999, Nationalism, war and the grat powers Granta Books, London 2000, pp. 161. 6 Zenelaj, Eqerem: Çështja shqiptare nga këndvështrimi i diplomacisë dhe gjeopolitikës së Austro-Hungarisë (1699-1918), Prishtinë-Faik Konica, 2010, pp. 543. 7 Ibid.  60  Austria-Hungarian role in opening and subsiding albanian schools opened schools for girls. Some religious teaching in the school was Latin and schools and religious institutions of the Italian. Subsidies for the Rubik Noviziatin Catholic clergy, subsidized, supported and Franciscan, capturing a total of 5932.36 open in Albanian lands with the help of k. were for a school of a small number of Austria-Hungary, in the second half of the students and these were only 9 students of 19th century until 1912, were these: Albanian Catholics13. School “Collegium Pontificium”, based School “Filozofati Franciscan” in in Shkodra, is known since 18548. The Troshan, was another school in Albania college had a religious character, the and had 2 programs. This school was a character of an institute to educate and school for Catholic clergy and two years it prepare cadres of these Albanian clergy, taught philosophy courses. This school was who would then be distributed and serve attended by a total of 6 Albanian Catholic to the entire country. National structure of students. The teaching staff consisted of students to the clergy in this college was: three teachers, who were also Franciscan 49 Albanians 4 Dalmatia9. fathers (of them, a Tirol and 2 Albanian)14. During the period 1854-1879, his The amount of total investment, subsidies Majesty the Emperor of Austria and Holy for “Franciscan Filozofati” in Troshan was Apostolic Office had approved a financial 6666.69 k15. For the third level of education subsidy for the city of Shkodra in an 14,500 k. were given from the state budget amount of 3,000 Austrian fl. in a year, to of Austria-Hungary16. held in Shkodra a clergy seminar10. After the year 1880 with the support of Austria, 3. Subsidy and other institutions of also increased the number of clergy of the education college, from 15 to 24 people, and gave them an annual subsidy in an amount of Another school in Albania, which 6,000 gulden annually. The total subsidy was subsidized by Austro-Hungary was for the college took the figure of 14,400 k. that of the Franciscan in Shkodra, which For 24 countries, and 210 k. for 3 and ½ was opened in 186117. It had the character of surplus places (monasteries)11. of a primary school and the organization Since 1898 the town of Rubik opened was 5-classroom school system and school a school which was called “Noviziati system with 2-classroom level, considered Franciscan”. This school could benefit as a citizens’ school. 205 Albanian from a subsidy of 300 Austrian fl., for a catholic students attended that school18. Novize, and 50 fl. Austrians for a monk12. Franciscan school teacher in Shkodra were Teacher Staffing consisted of two men, Franciscan fathers in the quality of external who were the Franciscan fathers. Language teachers and it also allowed graduates of

8 Ibid, pp. 544. 9 Ibid. 10 Mikel Prendushi, “Vështrim historik mbi zhvillimin e arsimit në Shkodër në shek. XIX”, në: Studimet Historike, Nr. 7, Tiranë, 1974, pp. 169-170. 11 Ibid, pp. 174. 12 Kalendari i Shoqenisë “Dija”, i botuar në: “Leka”, 1940, pp. 53. 13 Ibid. 14 “Leka”, 1913, qershuer, pp. 172. 15 Ibid, pp. 173. 16 Ibid. 17 Hylli i Dritës, nr. 11, 1934, pp. 550. 18 Ibid. Social Studies  Vol. 6  No. 1  61  institutions of learning from Klagenfurt (college) system operated with 6-classroom and Vienna, Austria to teach there. It primary school and 3-year school system25. must be stressed that, in the Franciscan In 1901, Consul General of Austria- school in Shkodra classes were held in two Hungary in Shkodra, Ippen, by the Vienna languages Albanian and German. government had requested the opening of This school received a subsidy of 3,000 a primary school, which would serve boys k, while the school was dedicated to the of “Rich Class” of the Highlands. In the distribution of food and a subsidy of 1,200 archive of Albanian diplomatic sources, it is k, and an additional subsidy for recreation seen that he had also written with the intent and vacations on Sundays with an amount and purpose of establishing the school and of 350 k19. For payment of salaries of boarding for the Albanian highlanders. teaching staff, it received an annual subsidy This goal was that the Austro-Hungarian of 8523.20 k20. All subsidies for the school Monarchy, through this school, would caught a total of 14.513.20 kroner per year. benefit, doing for them, even “the Albanian Also, since 1878 it functioned the Party Highlands” of Mbishkodra26. school Collegium Shkodra “Xaverianum School-internal highlanders in Shkodra Francisco”, which had the character of a was a primary school and secondary college education21. School Collegium school. The number of daily visitors to “Xaverianum Francisco” in Shkodra, was the mountain school was 25 pupils, while attended in total by 235 students. This the subsidy for them was the amount of school it implemented the structure 7,000 frcs27. of the three faiths: 24 students were Austria-Hungary, at the beginning of Muslim Albanians, 3 students were next took a rental facility, to turn it into Albanian Orthodox, and 228 students student internat mountaineer. In 1909, were Catholic Albanians22. Austro-Hungary, the parish bought the In 1889, the college of Shkodra, for building with a lot of 7,000 frcs. the first time it had received a subsidy Among the many schools were opened from the Austro-Hungarian monarchy in in Albania, the school was named “White a lot of 3,000 frcs. For a year and later it House Boys” in Shkodra, which began was increased to 4,000 frcs., and in 1900, operations in 189028. This school was the College “Xaverianum Francisco” from opened as a result of action called the Austria-Hungary received a subsidy, which “Congregation of Christian brotherhood totaled an amount of 7,000 frcs. in year23. schools.” Schools receive a subsidy for 25 Large amount of which was subsidized boys, “Boys orphan” in the money and the for this school in 1911, the subsidy was amount of 300 k catch, and about 900 k., increased in 7200 frcs. in year24. School subsidy for “Brothers of the school”29.

19 Vaina, Eugenio: La nazione Albanese, Catania, 1917, pp. 181. 20 Ibid, 182. 21 HHStA-Wien-P. A. I-Karton Nr. 710, Protokoll u. Arcihv fur politische Corresp.. des. k. u. k. Ministeriums d. Aeussern-Geheim: “Die Schulaktion in Albanien” - Wien, im Juli 1912, pp. 25 22 Ibid. 23 Ibid. 24 Ibid. 25 Ibid. 26 Spnessa e Shcypeniis, nr. 6, Raguza, 10.IX.1905, pp. 2. 27 Ibid. 28 Besa Shqyptare, Vjeta e VI, e Hane, 7 Fruer, Num. 11, Shkoder, 1916, pp. 4 29 Ibid.  62  Austria-Hungarian role in opening and subsiding albanian schools

Annual subsidy that the school received amount of the total amount of subsidy was a total of 13,500 k. and about 30 to school captured the total figure of students attend it. The school held classes 6,624 k34. In 1901-1908, the subsidy in Albanian and German30. for the nursery was 6,624 k. for a year. City of Shkodra was made center Kindergarten had a total of 471 children35. of schools of Austro-Hungarian, Italian, Teaching staff in the nursery-school were background etc. In early 1879, the “servants of Mary-London”. Apostolic Nuncio Msgr31. Jakobini, had School craft or “handicrafts”, which requested to Austro-Hungarian authorities was opened in Shkodra, was subsidized by the opening of a girls’ elementary school in Austro-Hungary, starting from year 1890 Shkodra. The school staff would prepare onwards36. Craft schools had the character Albanian catholic girls, which would of a private 1-classroom school. Agate Nik serve their missions in Albania. Apostolic Gjergji lead the school. As teaching staff at Nuncio of Austria-Hungary, Franz Joseph this school, beside Agate Nik Gjergji, was I, on 14th May 1879, had allowed a total also Gjyste Nik Gjergji37. amount of money 3000 frcs., to establish Craft classes took place only in the such an institution in Shkodra, such as the Albanian language and a total 41 Catholic Elementary School “Stigmatine Sisters”32. Albanian girls attended38. Since the This school was the primary beginning, in 1890, schools in Shkodra 6-classroom, which 307 Catholic girls were subsidized with 50 fl. For a year, then attended. In elementary school to the it was subsidized with 200 frcs. per year, Sisters’ Stigmatine “of Shkodra in the while last subsidy by the Austro-Hungarian Albanian language learning developed, but for craft school in Shkodra was in 191139. since the 3-rd grade, it was conducted in Craft school in Shkodra had similar Italian language teaching. The total number competitive school, like Italian. of teachers called “Sisters of our Lady” had In 1907, Shkodra was a step ahead in a total of 12, while the number of female the girls’ primary school. In this primary school teachers, which were called “Orphan Girl”, girls attend only Albanian Catholic faith, was 8 people., while the subsidy for this while the Franciscans kept Ordeni Shkodra. purpose totaled 3000 k. Character Girls Primary School in Shkodra In 1907, the subsidy of 3,000 frcs., was a primary school (3-classroom40. It grew up in a lot of 4,000 k, while in 1910, held classes in Albanian, while the number this subsidy to the school increased the of girls in this school, Albanian girl was 74. amount of 6,000 k33. Teachig staff were 4 Albanian nuns, Kindergarten for “Serviten Scwestern” who came from Stigmatine schools and in Shkodra, was set up in 1898. Subsidies girls of Shkodra, who taught at this school. of this school was 3600 frcs., while the Schools received a cash subsidy of 12,000

30 Ibid. 31 Ibid. 32 Nada Albanije, Nr. 6, Vjeta 1907, p. 2 33 Zani i Shkodrë s- Besa Shqyptare, Vjeta, 1916, pp. 2. 34 Nada Albanije, Nr. 11, Vjeta 1909, pp. 3. 35 Zani i Shkodrë s- Besa Shqyptare, Vjeta, 1917, pp. 2 36 Ibid. 37 Buletini - Shkencat shoqërore, 1962, nr. 4, p. 168. 38 Nova Europa, 1926, nr. 5, pp. 142-143. 39 Ibid. 40 La Nazione Albanese, 1898, pp. 7-8. Social Studies  Vol. 6  No. 1  63  v., and an amount of 60 v., which was given But in the town of Ferizaj, with the as presumptive school, who dedicated to its care of the Austro-Hungarian Consulate heating repairs. Girls’ schools in Shkodra in Skopje in 1906, it opened the Boys and had no other similar school like the Italian Girls School. It was the quality of parish competitors in this country. elementary school and had the character As a special feature in the opening and of a 3-classroom primary school. The subsidy-parish elementary school it was also children attended a total of 15 boys and in Kosovo Vilayet, by Austro-Hungary, girls catholic. Teaching was the only Vienna respected and conformed to the law Albanian language. This school was school norms and Turkey, with the claim subsidized by the Austria-Hungary and and to eliminate the Serbian and Bulgarian received a donation of 100 k45. schools in these countries. Another school opened in Kosovo Since the year 1889, with the proposal in recent years, the school was Catholic of the Austro-Hungarian Consulate in boys and girls in Pec, which originally held Skopje, school for boys and girls of this city by troops of the Franciscan teaching. opened quickly. It had the character of a This was considered as one of the oldest 4-classroom primary school with nursery schools of that period. Subsidized schools for children41. Skopje School frequented since 1898 by Austria-Hungary with a by 25 boys and 20 girls, 31 children and a total of 60 frcs for heating46. crèche. Regarding the national structures Referring to official statistics, shows were of Albanian nationality 71 pupils and that by the year 1900, there were 8 Albanian 5 others were ethnic Slavs42. schools directly funded by Austro- Even in Djakovica, in this period was Hungarian. But, until the proclamation open school for boys and girls of this area. At of independence of Albania in the Vilayet first the school was completed under the of Shkodra, the Vienna government auspices of the Franciscan teacher, but later subsidized 47 primary schools, of which also by local clergy. School in Djakovica also 10 schools for girls. Throughout the had a sum of 1110 frcs., and an additional school, religious institutions, in which fund of 60 frcs., which was used for heating students and clerics were educated, and school maintenance, an additional Albanians were a total of 2600 students47. amount of 200 frcs43. The whole process of Albanian school In 1901, at the request of the Austro- subsidies from Austria-Hungary catches Hungarian consulate in Prizren, a school an operating budget in the amount of opened to boys and girls in Zym of Has. approximately 148,000 k. It had the character of a small elementary The whole process of subsidizing school with a class. School in Has also was the largest Albanian schools by Austro- subsidized by the Austria-Hungary, who Hungary went up in 1910. This is because caught a total of 700 frcs., and an additional in 1911, since Turkey was intended to made donation of 60 frcs for heating44. efforts to disturb the learning activities of

41 Ibid. 42 Ibid. 43 Hadri, Ali - Perkaj, Millan: Pasqyrë e historisë nacionale shqiptare, Prishtinë, 1960, p. 125. 44 Ibid. 45 Ibid. 46 Hans Dieter Schanderl, Die Albanienpolitik Osterreich-Ungarn und Intaliens 1877-1908, verlag:”Otto Harrassovitz”, Wiesbaden, 1971, pp. 93. 47 Ibid.  64  Austria-Hungarian role in opening and subsiding albanian schools schools in Albanian by Austria-Hungary. like Hile Mosi, Ndue Paluca, Margjini Educational policy towards the Kole Kole Kodheli etc. To facilitate the Albanians Austro-Hungarian rule applied initial work of Albanian students in not only to the establishment of schools in Austria, who found trouble early because Albania, but also to attract young Albanian they didn’t know the language, they had by Austrian scholarships in various schools to do 1-2 years of additional studies prior and institutions of Empire. Given that to the German city of Shkodra, Tirana until 1912 when it began the revival of and Durres. This application conditioned Albanian state, the largest number of big needs for staff in Albania, especially Albanian students, who were graduated for education in the way of its recovery. overseas in Austria, it is necessary to note Also to learn German and it was offered the policy of the Austro-Hungarian rule to many officials of different levels. in relation to education in Albania and Albanian students in Austria. 4. Conclusions Even more important is that this phenomenon is evidenced by the fact that Opening the parish elementary school the Albanian historiography after World in Albania from the Austro-Hungarian War II, the Habsburg Empire policy has Empire, was accompanied by Italy’s had on the scheme, just as activity in competition, which was to spread its the service of an imperialist expansionist propaganda and to gain the sympathy for policy. It must be said that the most the Albanians to increase its elementary important centers for the education of the schools opening in Albania, in order Albanian clergy were in Salzburg, Schwaz to make competition for the Austro- and Bozen. In Salzburg Schwaz was in Hungarian Empire. attendance and 2-year courses in South Educational institutions opened Tyrol was 1-year-olds48. For the period of from Austria-Hungary in Albania and the late 80s centuries. Century up to the other Albanian territories, were directly Declaration of Independence of Albania, supported by the Government of Vienna, Ministry of Foreign Affairs of Austria- namely the relevant ministry. Turkish Hungary had granted a subsidy of its state Government’s position regarding the budget, that figure totaled 14,500 k49. opening of these foreign schools was quite ‘80-’90 During the 119th century restrained. were sent to different cities to Austria It should be noted that in Albania, to study theology and philosophy, some for a long time chaplains assigned by the Albanian students, which were part of papacy and the Holy See, who were under the clergy known as: Peter Gjura, Lazer the direction of Rome and the popes. Mjeda, Vinçens Prendushi, Anton Harapi, There operated with its propaganda, Matei Prendushi, Bumçi Luigj, etc50. “Propaganda Fide” in Rome, which In the years 1900-1905 there were published books and brochures and send sent to study in the Austrian school for in Albanian. teaching dozens of students. Among those Spreading the propaganda of Italy in names were important names for the future Albania, was favored first by the Ottoman of the education system history of Albania, authorities, to allow classes in Italian,

48 Uran Asllani, Studentët shqiptarë të Austrisë dhe veprimtaria e tyre, Tiranë, 200, pp. 113-114. 49 Hylli i Dritës, nr. 11, 1934, pp. 551. 50 Ibid. Social Studies  Vol. 6  No. 1  65  which for Austria-Hungary was it a big During the late 19th century until blow in the field of strategic political 1912, although schools were political propaganda, and in Vienna’s diplomacy. and full of propaganda for the financing Secondly, the role played by the arberesh states, but in this way they served to the of Italy, who also promoted to Italy was education, emancipation and national an obstacle to Austria-Hungary. awareness of the Albanians.

BIBLIOGRAPHY

Asllani, Uran (2000). Studentët shqiptarë të Nada Albanije, Nr. 11, Vjeta, 1909. Austrisë dhe veprimtaria e tyre, Tiranë. Nada Albanije, Nr. 6, Vjeta, 1907. Besa Shqyptare, Vjeta e VI, e Hane, 7 Fruer, Num. Nova Europa, 1926, nr. 5. 11, Shkoder, 1916. Rexhepagiq, Jashar (1970). Zhvillimi i arsimit Buletini - Shkencat shoqërore, 1962, nr. 4. dhe i sistemit shkollor të kombësisë shqiptare në Glenny, Misha (2000). The Balkans, 1904-1999, territorin e Jugosllavisë së sotme deri në vitin Nationalism, war and the grat powers Granta 1918, Prishtinë. Books, London. Schanderl, D. Hans (1971). Die Albanienpolitik Hadri, Ali & Perkaj, Millan (1960), Pasqyrë e Osterreich-Ungarn und Intaliens 1877-1908, historisë nacionale shqiptare, Prishtinë. verlag:”Otto Harrassovitz”, Wiesbaden. Hans, S. Dieter (1971). Die Albanienpolitik Spnessa e Shcypeniis, nr. 6, Raguza, 10.IX.1905, Osterreich-Ungarn und Intaliens 1877-1908, pp. 2. verlag: “Otto Harrassovitz”, Wiesbaden. Vaina, Eugenio (1917). La nazione Albanese, Hylli i Dritës, nr. 11, 1934. Catania. Hylli i Dritës, nr. 11, 1934, pp. 551. Zani i Shkodrë s- Besa Shqyptare, Vjeta, 1916, Jirecek, Josef Constantin. Act et diplomata 1917. res Albaniane media aetatis illustrantia. Zani i Shkodrë s- Besa Shqyptare, Vjeta, 1917. Vindobonae 1913-1919, Vol. 1-2. Zenelaj, Eqerem (2010). Çështja shqiptare nga Kalendari i Shoqenisë “Dija”, i botuar në: “Leka”, këndvështrimi i diplomacisë dhe gjeopolitikës së 1940. Austro-Hungarisë (1699-1918), Prishtinë- La Nazione Albanese, 1898. Faik Konica. Leka, 1913, qershuer. Zenelaj, Eqerem (2010). Çështja shqiptare nga Mikel Prendushi (1974)). “Vështrim historik mbi këndvështrimi i diplomacisë dhe gjeopolitikës së zhvillimin e arsimit në Shkodër në shek. XIX”, Austro-Hungarisë (1699-1918), Prishtinë- në: Studimet Historike 1974/ 7, Tiranë. Faik Konica.

COMPARATIVE ASSESSMENT FOR ALBANIAN CONVENTION, CONGRESSES AND NATIONAL ASSEMBLIES 1912-1920

Elmaz SHERIFI - “Wisdom University”, Faculty of Law E-mail: [email protected];

ABSTRACT

The comparative assessment of Conventions and Congresses in the timeline 1912- 1920, aims to argue about their constitutional sovereignty and the legitimacy of political institutions established by them; to analyze juridical norms on whose basis political institutions were established and their compatibility with the principles of the rule of law. Most often Albanians are treated as uncultivated people, rebels and disobedient, that do not accept state authorities and rules, they are led by instincts and common law. The truth is that since Medieval times Albanians have regulated their social relations with comparable statutes to those of Venice and Ragusa. Ismail Qemali was one of the collaborators for the creation of the first Constitution under the Ottoman Empire, whereas the Albanian from Struga Dr. Ibrahim Temo was co-founder of the Young Turks who brought Hyrjet. At the Congress of Manastir, chairman was Mit’hat Frashëri and Chairman of the Committee for the Albanian alphabet was the so-called “Albanian Homer” Gjergj Fishta, the technical expert of the delegation at the Conference of Peace in Paris. The first Speaker of the Dibra Convention was Vehbi Dibra who replaced Ismail Qemali at the Vlora Convention where he was elected as Head of Government. Aqif Pasha, one of the authoritative figures of the Dibra Convention, was elected as Chairman of the Lushnja Congress. Conventions, according to Temistocle Martines, are normally established based on agreements between political operators who found political institutions on constitutional and juridical norms. National Assemblies in Albania can be treated as a combination of indirectly elected assemblies with elements of appointed assemblies. The National Vlora Convention was developed in the context of a “constitutional vacuum”, such a vacuum does not breach the legitimacy of delegates’ election and legalization of the convention directing bodies. However, the lack of juridical norms of constitutional nature as a legal basis for the establishment of political institutions cannot be justified. Whereas at Lushnja Congress, the “Cannon Basis of High Council” were prepared; in

Social Studies 2012, 1 (6): 67-74  68  Comparative assessment for Albanian Convention fact only Lushnja Congress founded for the first time all the political institutions of the renascent Albanian state without the influence of the international factor by abrogating de jure all international acts which defined the status of the Albanian state. Keywords; National Convention, National Assembly, Council of Eldermen, High Council, Senate.

Comparative Assessment for commissions is congress at work and Albanian Convention, Congresses and congress in session is a public show 2* National Assemblies 1912-1920 The Albanian organizational National Conventions,Congresses tradition of National Conventions, and Assemblies, are organization forms by Congresses and Assemblies politicians who claim they represent people politically. Political theories assess such Albanians are treated as uncultivated organizations as conventions, congresses people, rebels and disobedient, that do and assemblies elected, appointed and not accept state authorities and rules, they combined. 1* Whereas the doctrine of are led by instincts and common law. As the constitutional right analyzes such a result Albanians have been labeled as institutions with respect to the scope and primitive people, of tribal organization mission that they have and classifies as and eastern culture, far away from the assemblies those which found institutions western civilization development, unable that exert influence on politics, control to establish political institutions and executive power and that are controlled incapable of self-governance. However, the by the executive power and used by it as historical truth is completely different. Since façade to legitimate its acts. Assemblies Medieval times, Albanians have regulated that establish institutions should have their social relations with comparable sovereignty and constitutional authority; statutes to those of Venice and Ragusa. they should have organizational coherence; This can be confirmed by the Statutes of and decision-making should be transparent Shkoder, Durres, Drisht, Ulqin, Tivar. The to ensure reliability and legitimacy of architect of the first constitution of the political and juridical acts. Meeting Ottoman Empire which was approved on these constitutional criteria requires a December 23rd 1876 was the Minister of preliminary and highly professional work Justice Mit’hat Pasha. Ismail Qemali, was for the preparation of juridical norms of one of its main supporters. 3* Albanians constitutional power, which according are the co-founders of Itihad ve Terakki to transparent procedures are made (Union and Progress) Association in 1908 available by the commissions or organizing which forced the Sultan to re-establish the groups such as the National Convention, Constitution suspended in February 1878. Congress or National Assembly; delegates The organization of Young Turks (Jeun or mandated representatives through Turquie) was founded by Ahmet Rizaj and convention debate grant the constitutional by the Albanian from Struga Dr. Ibrahim juridical power to the acts and as a Temo. Member of this organization which consequence the constitutional authority brought political rights and freedom were to the convention. This practice actualizes also Ismail Qemali, Hoxhë Kadria, Dervish what Woodrow Wilson, President of Hima, Jashar Erebara and Hamdi Ohri. USA in 1885 stated that the Congress Even on the military revolution aspect of is commissions’ government, work in the Young Turks, the military unit of Resnja Social Studies  Vol. 6  No. 1  69  was established under the command of an requirements of a political nature. They Albanian commander called Ahmet Njaziu asked for the union of Albanian vilayets in long before that. Such historical truths a single one; and recognition of Albanian attest that Albanians have in their genes nationality and establishment of Albanian liberal tendencies and a European spirit, schools. Conventions and Congresses of an that even for the political organization authentic political nature started with the they were not inspired by the East but by Vlora National Convention on November the West. Political powers gained by war 28th 1912. After Prince Vidi left there prepared the first politicians, members of were attempts to organize the Elbasan parliaments such as Ismahil Qemali, Dervish Congress on April 2nd 1916 and the Hima, Esat Toptani, Shahin Kolonja, etc. Tirana Congress on December 19th 1918. This gave rise to the premises and to the The initiative for the Elbasan Congress right for the preparation of the Congress of contains authentic values of a political Manastir and Elbasan and the Convention culture and democratic mentality of the of Dibra. Debates in such conventions initiating political group. On December served as the first political schools for the 25th 1918 the Durres Congress was held affirmation of some personalities which and on January 21st 1920 the Lushnja would later be the central figures in the Congress was held as the culminating point creation and organization of political of the Albanian movement.A comparative institutions in Albania after the separation study would serve us to know better the from the Empire. Chairman of the Manastir history of the establishment of political Congress was Mit’hat Frashëri, son of institutions, of the culture and mentality Abdyl Frashëri, leader of the national of the political elite of the years 1912- movement in Albania. Chairman of the 1920. This comparative study aims at Committee for the Albanian alphabet was knowing better the politicians who have the so-called “Albanian Homer” Gjergj made the political history, their ideological Fishta who introduced the “Fialuer i Ri tendencies and political interests.The i Sheypes” (a dictionary which is found Albanian historiography influenced by the in the National Library of Macedonia) state political party has had the tendency and protected the Latin alphabet. There to treat dates and events and “forget” or were Luigj Gurakuqi, Sotir Peci, Bajo “delete” from the “historical memory” Topulli, and Shahin Kolonja (the son in the real protagonists of the events. The low of Naim Frashëri). Whereas the Dibra Albanian political history seems to be Convention had as its first Chairman the really poor and with few political figures. Mufti Vehbi Dibra who replaced Ismal One gets the wrong impression as if the Qemali as Speaker of the Vlora National protagonist of the Albanian political history Convention after Ismail Qemali was elected were only Ismail Qemali, Esat Pasha, Fan as the head of the temporary government Noli, Ahmet Zogu and Haxhi Qamili. of Vlora. At the Dibra Convention debate, However, when one studies the political Aqif Pashë Elbasani (Chairman of Lushnja history understands better how many are Congress in 1920), Abdyl Ypi, and the political personalities who have put Hafiz Ali Korça stood out. At the Dibra the “cornerstone”in the foundation of Convention there other delegates such as the Albanian state and establishment of Sotir Peci, Feim Zavalani,Dervish Hima, its political institutions. History,as time Beniamin Nosi, etc. 4* Such events, even goes on, has the tendency to hide its though they did not have any political prints,says Shaban Sinani, whereas bed purpose, they presented and discussed policies and politicians urged by certain  70  Comparative assessment for Albanian Convention political interests aim not to discover these of delegates’ election and legalization of prints. We are not afraid of the truth of our the convention directing bodies. However, political history, but on the contrary, we the lack of juridical norms of constitutional should study it and treat it with a scientific nature as a legal basis for the establishment objectivity and realistic spirit. No value of political institutions cannot be justified. shall be taken away from Ismail Qemali, Conventions are normally organized on even if we had the tendency to dim his the basis of agreements between political undisputed values in the proclamation of operators who establish political institutions independence, but his intellectual capacity on the basis of juridical and constitutional shall be recognized as the co-designer of norms 6*. As regards to the organization the first parliamentary monarchy of the of the Vlora National Convention it empire. Knowing his conflicts with the was this criterion of agreement between Empire due to his liberal tendencies and political operators, but it was not created European spirit which became the cause under juridical and constitutional norms to of his leaving from Turkey in 1900, one establish political institutions. As regards cannot help but be surprised when the to the organization and development of Vlora National Convention had no project Lushnja Congress it was an agreement with juridical norms of constitutional between political operators but there were character for the foundation of democratic also some juridical norms of constitutional political institutions of the Albanian state character for the regulation of relations which on November 28th 1912 proclaimed between the National Assembly, National its freedom and independence under a Council (senate) “High Council” and the temporary government. 5* If we do not Cabinet. The legal package was named study the political history of these years, “Cannon Basis of the High Council” the socio-economic situation of the poor which is recorded in the history of law class, the political interests of groups and as the first document with constitutional their war for power, the anti-national and juridical norms and that is known as activity of anti-Albanians, the Haxhi Lushnja Statute. Qamilism and Dumbabist politics of In 1912 and in 1920, Constitutional modern times may repeat itself. Sovereignty was held by the National Assemblies. Not without purpose, in all Constitutional Sovereignty official communications with international of National Conventions, organizations, Vlora Convention and Congresses and Assemblies Lushnja Congress were called National Assemblies. Ismail Qemali, with his National Conventions, Congresses telegram addressed to the Ministries of and Assemblies in Albania can be treated Foreign Affairs of the six powers informed as a combination of indirectly elected that the National Assembly composed of assemblies with elements of appointed delegates from all Albanian areas had just assemblies. These features can be proclaimed the political independence of found in the organization of the Vlora Albania and established a temporary National Convention. The experience government. 7* And Aqif Pasha, at the of its organization has influenced the protest sent to the Conference of Peace, as organization of other conventions. Vlora Chairman of the National Congress of National Convention was developed in the Albania on February 2nd 1920, informs you context of a “constitutional vacuum”, such that the National Assembly gathered here a vacuum does not breach the legitimacy in Lushnje unanimously addresses to the Social Studies  Vol. 6  No. 1  71 

Conference of Peace and requests complete from all vilayets. As regards to the election independence. The Assembly has decided of delegates there has been no defined not to accept any foreign mandate or organizational norm, a fact which confirms protectorate. 8* The legitimacy of National that the convention is summoned only in Assemblies as holders of sovereignty stems the conditions of an emergency and from the national representation of without an organizing committee capable delegates. Election of delegates, legalization of meeting this requirement which for the of directing bodies of National Assemblies, said issue is a very important element to transparency in the development of give the constitutional authority to the Convention and Congress sessions, and Convention. With respect to the form of some voting processes are amongst the representation with delegates, some most interesting and with a highly practices are applied: the dominant practice developed democratic sense. Vlora National has been that of electing delegates from Convention had representatives from all representative organs of local power. The Albanian vilayets. Telegram, I will be there delegates had a representation document. before Friday. Gathering representatives in This fact is absolutely confirmed with the Durrës or in Vlorë is absolutely necessary. archive information for the Vlora Summon everybody. Until I arrive, maintain Convention, Durres Congress and Lushnja calm and unity. Our political issue is Congress. In the telegram of the sub- completely guaranteed. 9* The urgent issue prefecture of Tepelena for the organizers of of course. Did Ismail Qemali have a the congress it is stated “From our sub- program for the proclamation of prefecture it was considered necessary to independence of Albania? The national elect three representatives, two Muslims character of the Convention can be and one Christian: Aristidh Ruci from confirmed by the Telegram, 5 Third Fall Sheper village, shej Maksud Efendi Tepelena 1912, to Majors of Municipalities, of Clubs, and Sami Efendiu from the Chair of Directing bodies and the honest people, all Mezhgoran village who are capable, learnt Albanian vilayets,apart from that of and have faith in the people. Therefore, we Kosovo! Obviously this “oblivion” is have written this representation paper in corrected. In the telegram from Elbasan 8 three copies, one for each of them in order Third Fall from Midhat Frashëri addressed to have full permission to discuss and act to Surjeja Beu and Xhemil Beu in Vlorë he without any obstacle and without the need is informed that together with the to ask. 12* Even the delegates of Durres representatives from Dibra, also Mehmet Congress were elected by local representative Pashë Dëralla, Ajdin Bej Draga e Isa organs and were given a representation act Buletini shall come. 10* According to which they have called a Certificate.In the Eqerem Vlora, only the delegation coming document sent to the congress organizers from Peja, Gjakova and Prizreni had on October 5th 1918 it is stated: We, the representation mandates to participate in Directing Council in Korçë, citizens of the National Convention. The telegram of Korça and the Directing Council of Mid’hat Frasheri is confirmed also by Pogradec, have elected eldermen- Eqerem Bej Vlora. He states that Mid’hat representatives for the high summoning in was elected as a delegate from Kosovo Durrës, Qani Dëshnica and Sotir Peci” 13* people for the services that Abdyl had The representation process can be found delivered at the League of Prizren. 11* The more complete in the preparation of national character of the convention is Lushnja Congress. The organizing given by the representation with delegates committee had sent all sub-prefectures  72  Comparative assessment for Albanian Convention along with the instructions of delegates’ appointed as delegate as the representative election even the Congress program. In the of Durres Archbishop for all catholic letter the Chairman of citizens of Tirana on Albanians under his rule.At the Vlora January 12th 1920. Today, in a meeting held convention there were delegates and in our office from the head of Ylema,was representatives of the Albanian colony in decided that Tirana should participate in Bucharest. There were four representatives; this congress and the elected delegates that Dhimitrat, Zografi, Mborja, Berati and shall represent it should be sent” 14* In the Ilua. For instance, in this way as delegates meeting of the municipality of Elbasan on for Korça were elected Pandeli Cale, Thanas January 8th 1920, they presented their point Floqi and Spiro Ilo. Mustafa Kruja proposed of views for the congress summoning with for Shkodra to be represented by Luigj a decision. After long and detailed Gurakuqi. With the proposal of Azis discussions on the necessity of summoning Vrioni, Kristo Meksi was approved as a a general meeting. The Government has delegate of Tepelena, and with the proposal not completed its duty in the limits set by of Mufid Libohova, Veli Gërra from the Durres convention and it is working Rreshadia, Azis Tahiri from Ajdonati and against the self-governance of our country Rexhep Demi from Filatiu were approved and not within its rights and powers. as delegates of Cameria. An interesting case Therefore, it is considered as necessary to of representation was also the replacement have a general summoning and delegates due to health reasons of the delegate of to be sent in Lushnje”. Both opinions were Delvina Mehmet Ali Pasha with his son voted and the second won”. 15* It can be Avni Pasha. Delegates were added every day understood that in this decision-making is until the end of the proceedings. Ahmet felt the influence of Shefqet Verlaci who Zogolli came on the last day on December was against the congress. Even though 7th 17* Despite the way delegates were Verlaci was elected as Counselor of the elected, the Vlora National Congress and Nation by the congress, he resigned. What the Lushnja Congress had their Sovereignty is worthy to pay attention in this discussion to establish state political institutions. in the municipality of Elbasan is the Sovereignty stems from national demographic mentality and the institutional representation and strict organizational spirit of the elected delegates and the procedures for the election of directing seriousness with which the congress was bodies of the National Assembly and the being prepared. Another representation political institutions they establish. The form was realized with the request of convention started its proceedings at the authorities such as I. Qemali. This can be house of Xhemil Bej Vlora. The first confirmed with telegram third fall 1328- initiator of the meeting was Ismail Qemali, 1912, sent to Their Highness Aqif Pasha, he talked about the importance of the Shefqet Beu and Irfan Beu Elbasan. The meeting. Afterwards they verified the presence of their highness Aqif Pasha and mandates and when they found that the Shefqet Beu is necessary and no reason for majority of delegates were present, they stopping can be thought of, therefore started the election procedure for the obliged by the work necessity and driven directing bodies of the Convention. The by my patriotic duty, you are kindly asked delegate from Ipek, Rexhep Beu, proposed to participatte. 16* And the municipality as speaker of the convention Mr. Ismail of Elbasan elected them. Some delegates Qemali, and as Secretary Mr. Luigj were appointed as representatives of Gurakuqi and Shefqet Daiu. With such religious beliefs - Dom Nikolle Kaçorri was procedure, any decision taken by the Social Studies  Vol. 6  No. 1  73  convention would be legitimate. Lushnja considerable weight and influence in their Congress started its proceedings on January own areas. 19* The lack of organization 21st 1920 at the house of Kaso Fuga. The is obvious. At the Vlora Convention, the meeting was held on behalf of the organizing following did not participate: Fan Noli, committee by Ferid Vokopola. Aqif Pashe Faik Konica, Shahin Kolonja, Cerciz and Elbasani answered in highly patriotic Bajo Topulli, Ibrahim Temo, Hafiz Ali words. The Congress appointed the Korça, Hafiz Ibrahim Dalliu etc. Even the verification committee of the “representation relationship of Syrja Bej Vlora with his son paper” of the delegates. The ad-hoc Eqerem Bej Vlora was not an amicable one. committee was composed by Irfan Bej As regards to Elbasan Congress, there is Ohri, Qazim Kokoshi, Kristaq Kosta, Fazlli a very intensive activity from Aqif Pasha, Frasheri and Adem Peqini. The Committee Lef Nosi and Ahmet Zogu. Zogu, 21 year stated that the absolute majority of the old delegate of the Vlora Convention and delegates were not ensured. There were 58 supporter of Vid became a central figure. delegates. The Congress was postponed on As it may seem, the prediction of Esat Pasha January 28th. 18* Respect for procedures was coming true when he told Eqerem it is what gave to Lushnja Congress the Vlora: „Look at this boy, it seems like he organizational coherence as a premise for will go far enough and he will cut us out the legitimacy of the acts to be approved if we do not show him his place. 20* The by the Congress purpose of the Elbasan Congress was the return of Prince Vid. Protagonists of the Organizers and Opponents of Durres Congress were Mehmet Konica, Conventions and Congresses who was elected as its chairman, and Mufid Libohova. Against the Durres Congress As far as Vlora Convention is was the anti-italian „spirit“of the Albanian concerned, it is well known that Ismail patriots. Italians accepted only one “Bailiff Qemali was the initiator and his close Committee”. The Congress delegates, with collaborators Luigj Gurakuqi and some the proposal of Namik Delvina and Riza other representatives of the Albanian Dani, established a temporary government. colony in Bucharest. But that is all, because Lushnja Congress deserves a deeper the events flowed really quickly from the analysis with respect to the organizers and Balkans war and the defeat of the Ottoman opponents because little is said about this Empire.Eqerem Bej Vlora in his memories event. Lushnja Congress was organized claims that on November 27th 1912, I. by the Albanian national movement as Qemali together with his followers was a necessity to return to Albania the lost accommodated in the warm welcome of independence. The pro-Italian attitude of Vloraj, woefully, this first meeting was the delegation of the Durres government characterized by the lack of order. Apart accelerated it and decided to accept the from some chairmen who were notified Italian “mandate”. As a matter of fact, there since August by Syrja Bej Vlora, none are many personalities who worked for the of the others had taken from their area congress organization. Hafiz Ali Korça, in the necessary mandate to represent the The Seven Dreams of Albania, written in people and their will in this convention. 1924, 21* calls Ferid Vokopola the most Then, it was considered as necessary to active person. Ali Korça himslef united call representatives those people coming Aqif Pasha with Abdi Toptani in the house from the followers gathered in Vlora of Abdyl Ypi, Sotir Peci, Eshref Frasheri, from different areas and who cherished a Sali Vuçiterni, Halim Gostivari, Xhavit  74  Comparative assessment for Albanian Convention

Leskoviku and Sejfi Vllamasi, they all have British, the British Colonel and the consul discussed the acceleration of the Congress. Morton Eden, who left as soon as Shkodra Even Zogu with Fazlli Frasheri were was ruled by the Lushnja government active. 22* Albanian colonies have played on March 11th. 23* Opponents were the an important role. Sulejman Delvina, ministers Mufid Libohova, Fejzi Alizoti Pandeli Evangjeli and “Vatra”, but also the and Mustafa Kruja.

NOTES AND REFERENCES:

Heywood Andre, p.335. Dokumente e materiale historike 1917-1941, Ibid, p.345 f.15. Qemali Ismail, Kujtime p. Ibid, f.13 Ypi Abdyl, Kongresi i Dibres p.5. Nosi Lef, Instituti i Historisë Dokumente Nosi Lef, dokumente Historike 1912-1918 Historike 1912-1918, f. 67 p.179. Ibid, f. 178. Martines Temistocle “Dirito constituzionale” AQSH, F. 55. D. 62. f. 3. Milano 1997.p.51 Vllamasi Sejfi Ballafaqime politike në Shqipëri Nosi Lef, p.104. 1897-1942 f. 307. Dokumente e material Historike 1917-1941, p.17 Ficher Bernd, Ngritja e një Mbretërie f. 20. Nosi Lef, p. 69. Korça Ali, Shtatë ëndërra të Shqipërisë, f. 5. Vlora Eqerem, kujtime p. 303. Vllamasi Sejfi, Ballafaqime politike në Shqipëri Nosi Lef, f. 73. 1897-1942 f. 165. AQSH. F. 146. D. 71. Swire Joseph, Shqipëria ngritja e një mbretërie Ibid, F. 146. D. 51. f. 1. f. 260. Social Studies  Vol. 6  No. 1  75 

FREEDOM OF INFORMATION AN INTERNATIONALLY PROTECTED HUMAN RIGHTS

Jorida XHAFAJ - Albanian University, Tirana-Albania Department of Law E-mail: [email protected]

Eriona KATRO - Albanian University, Tirana-Albania Department of Law E-mail: [email protected];

ABSTRACT

The right to information has been recognized as a fundamental human right, intimately linked to respect for the inherent dignity of all human beings. The right to information is also a crucial underpinning of participatory democracy – Article 19 has described information as “the oxygen of democracy”1 – for without information citizens cannot possibly make informed electoral choices or participate in decision-making processes. The right to information is also essential to accountability and good governance; secrecy is a breeding ground for corruption, abuse of power and mismanagement. No government can now seriously deny that the public has a right to information or that fundamental principles of democracy and accountability demand that public bodies operate in a transparent fashion. The first section of this presentation looks at the increasing recognition of the right to information, first at the international level, including in relation to specific areas such as the environment and information about human rights. It then goes on to look at recognition at the national level, both as an explicit constitutional guarantee and through judicial interpretation. The constitutional analysis is followed by an overview of the adoption of legislation in Europeans countries, as well as by intergovernmental bodies. Finally, this section looks at the content of the right to information, as derived from these various developments. Keywords: Human rights, right to information, international standards, albanian legislation

1 The public’s right to know: principles on freedom of information legislation (London: Article 19, 1999), preface. Online at www.article19.org/docimages/512.htm

Social Studies 2012, 1 (6): 77-85  76  Freedom of Information an Internationally protected human rights

I. Introduction mismanagement. No government can now seriously deny that the public has a right to The notion of freedom of information information or that fundamental principles means that we have the right to get to know of democracy and accountability demand information of public interest, that we have that public bodies operate in a transparent the right to inspect official documents. The fashion. State, sustained on our own taxes, cannot hide its operations from society. II. Freedom of information legislation The shared purpose of freedom of information is to continue maintaining the The right to freedom of information, non-transparency of citizens in a world that and particularly the right of access to has undergone the information revolution information held by public authorities, while rendering transparency of the state. has attracted a great deal of attention The principles of freedom of recently. The public right of access to information habitually have their origins information is an essential element of a ascribed to the ideas of the enlightenment. functioning democracy. This has been However, its first legal source can be widely recognized worldwide in both found not in the French or American international conventions and national Enlightenment, but in Sweden, which was laws. Albania is among the nearly 80 the first country in the world to recognize, countries who have adopted a national law in the Act of Freedom of the Press of 1766, that on access to information. every citizen has the right to inform himself The earlier European laws (Sweden, on official documents (undoubtedly, this Finland, Norway, France and the became possible for the sole reason that Netherlands - all adopted before 1980) and between 1718 and 1772 Sweden was under the United States’ Freedom of Information parliamentary rule with rivaling parties). Act (FOIA, introduced in 1966, amended in There is a growing body of 1974 after the Watergate scandal2) codified authoritative statements supporting the administrative procedures for providing right to information, made in the context information to the public and focused of official human rights mechanisms, on administrative, rather than executive, including numerous special laws, giving legislative or judicial bodies. Hence these effect to this right have, in the last few years, early laws provide a right of access to official been adopted in all regions of the world. “documents” or “records” - i.e., those Many intergovernmental organizations formally created by the administration as now have in place information disclosure part of its functions - although some make systems which are reviewed and updated broader references to information as well. on a regular basis Following the seismic political The right to information is also shift that took place with the fall of the essential to accountability and good Berlin wall in 1989, Hungary became governance; secrecy is a breeding ground the first post-Communist country to for corruption, abuse of power and adopt a freedom of information law. The

2 The Watergate scandal was a political scandal during the 1970s in the United States resulting from the break-in of the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration’s attempted cover-up of its involvement. Effects of the scandal eventually led to the resignation of Richard Nixon, the President of the United States, on August 9, 1974; this has been the only resignation of a U.S. President Social Studies  Vol. 6  No. 1  77  law set standards for Eastern Europe, Committee of Ministers Recommendation including a reasonable timeframe for Rec (2002)2 to member states on access to receiving information, explicitly defined official documents. exemptions, and an oversight mechanism In May 2005, Albania signed the (the Parliamentary Data Protection and “Declaration on 10 joint measures to curb Information Commissioner, who must be corruption in South Eastern Europe” notified of refusals to provide information). which commits members of the Stability Throughout the 1990s and into the Pact for South Eastern Europe Anti- early years of the new century, the new Corruption Initiative (SPAI) to improve democracies of Eastern Europe adopted access to information as a mechanism in access to information laws, as they have the war against corruption. The agreement which increasingly become a “sine qua aims to enhance the free access to public non” of a democratic country. Civil society information and ensure regular cooperation, movements seeking a true break with the coordination and consultation among past demanded more information from— public authorities, the business community and greater participation in—government, and the civil society by establishing an spurring the trend which by 2005 resulted accountable and transparent institutional in many post-Communist countries having framework. passed access to information laws. Although, the legislative efforts of our In Albania, freedom of information is country in this area should be underline that contemplated in two distinct fundamental the existing system of access to information freedoms ‘enactments. The first is contained as has been functioning is not adequate. in article 23 of the Constitution of Albania3 This is both due to problems with the laws and the second in the special Law no. and more importantly with the practice and 8503, dated 30.6.1999 “On the right to implementation of the laws. information over the official documents”, which provides for the right of every person 2.1 International standards to access information held by state bodies and to attend public meetings. At the International level, Right Albania has also recognized through to Information and its aspects find international agreements that it realizes articulation as inalienable fundamental the importance of access to information. In human right in most important basic 2002, Albania ratified the Convention on human rights documents, namely, the Access to Information, Public Participation Universal Declaration of Human Rights, in Decision-Making and the Convention on the International Covenant on Civil and Access to Justice in Environmental Matters Political Rights and the International (Aarhus Convention) which requires Covenant on Economic, Social and Cultural that countries adopt laws on access to Rights. At a more regional level, there are environmental information. numerous other human rights documents, As a member of the Council of Europe, which include this fundamental right as the Albania has committed to follow the 2002 European Convention for the Protection

3 Article 23 of the Constitution of Albania provides for freedom of information. It reads as follows: 1. The right to information is guaranteed. 2. Everyone has the right, in compliance with law, to get information about the activity of state organs, as well as of persons who exercise state functions. 3. Everybody is given the possibility to follow the meetings of collectively elected organs.  78  Freedom of Information an Internationally protected human rights of Human Rights and Fundamental to hold opinions without interference and Freedoms, the Convention on Access to seek, receive and impart information and to Information, Public Participation in ideas through any media and regardless of Decision-Making and the Convention frontiers. on Access to Justice in Environmental Matters (Aarhus Convention). A number Freedom of information again was of international bodies with responsibility highlight as a key component of transparent for promoting and protecting human and accountable government. It plays a rights have authoritatively recognized the key role in enabling citizens to see what fundamental and legal nature of the right to is going on within government, and in freedom of information, as well as the need exposing corruption and mismanagement. for effective legislation to secure respect for Open government is also essential if voters that right in practice. are to be able to assess the performance of elected officials and if individuals are to 2.1.1 The united nations exercise their democratic rights effectively, for example through timely protests against Within the United Nations, freedom new policies. of information was recognized early on as The International Covenant on Civil a fundamental right. In 1946, during its and Political Rights, a legally binding treaty, first session, the United Nations General was adopted by the United Nations General Assembly adopted Resolution 59(1) which Assembly in 1966. The corresponding stated: provision in this treaty, Article 19, guarantees the right to freedom of opinion Freedom of information is a fundamental and expression in very similar terms: human right and … the touchstone of all the freedoms to which the United Nations 1. Everyone shall have the right to is consecrated. freedom of opinion; 2. Everyone shall have the right to These quotations highlight the freedom of expression; this right importance of freedom of information at shall include freedom to seek, receive a number of different levels: in itself, for and impart information of all kinds, the fulfillment of all other rights and as an regardless of frontiers, either orally, in underpinning of Democracy. In ensuing writing or in print, in the form of art international human rights instruments, or through any media of his choice; freedom of information was not set out 3. The exercise of the rights provided separately but as part of the fundamental for in paragraph 2 of this article right of freedom of expression, which carries with it special duties and includes the right to seek, receive and responsibilities. impart information. In 1948, the UN General Assembly Within the scope of the universal adopted the Universal Declaration of protection of the human right the law may Human Rights in which Article 19 describe limitations to this right in regard guarantees freedom of opinion and of the right to privacy or other weighty expression as follows: expression, states: considerations. It may therefore be subject to certain restrictions, but these shall only Everyone has the right to freedom of opinion be such as are provided by law and are and expression; this right includes freedom necessary: Social Studies  Vol. 6  No. 1  79  a. For respect of the rights or reputation The European Court of Human Rights of others; has considered claims for a right to receive b. For the protection of national security information from public authorities in at or of public order, or of public health least three key cases, Leander v. Sweden5, or morals. Gaskin v. United Kingdom and Guerra and Ors. v. Italy. In each case, the Court rejected 2.1.2 Council of Europe the notion that the guarantee of freedom of expression under the ECHR included The Council of Europe is an a right to access the information sought. intergovernmental organization, composed The following interpretation of the of 47 Member States4. It is devoted to scope of Article 10 from Leander features promoting human rights, education in similar form in all three cases: and culture. One of its foundational documents is the European Convention The right to freedom to receive information on Human Rights, which guarantees basically prohibits a Government from freedom of expression and information as restricting a person from receiving a fundamental human right at Article 10: information that others wish or may be willing to impart to him. Article 10 does 1. Everyone has the right to freedom of not, in circumstances such as those of the expression. This right shall include present case, confer on the individual a right freedom to hold opinions and to of access… nor does it embody an obligation receive and impart information and on the Government to impart… information ideas without interference by public to the individual. authority and regardless of frontiers. 2. The exercise of these freedoms, By using the words, “in circumstances since it carries with it duties and such as those of the present case”, the Court responsibilities, may be subject to such has not ruled out the possibility of a limited formalities, conditions, restrictions or right to access information held by the State penalties as are prescribed by law and under Article 10. are necessary in a democratic society, However, given the specific nature of in the interests of national security, the requests which were rejected in these territorial integrity or public safety, for three cases (see details below); it would be the prevention of disorder or crime, a very limited right. for the protection of health or morals, The European Court of Human Rights for the protection of the reputation has not, however, denied redress in these or rights of others, for preventing cases. Rather, in all three cases, it found disclosure of information received that to deny access to the information in in confidence, or for maintaining question was a violation of the right to a the authority and impartiality of the private and family like, life under Article 8 judiciary. of the Convention.

4 www.coe.int 5 Leander, the applicant was dismissed from a job with the Swedish government on national security grounds, but was refused access to information about his private life, held in a secret police register, which had provided the basis for his dismissal. The Court held that the storage and release of the information, coupled with a refusal to allow the applicant an opportunity to refute it, was an interference with his right to respect for private life. The interference was, however, justified as necessary to protect Sweden’s national security.  80  Freedom of Information an Internationally protected human rights

2.1.3 The European Union held by the Commission and the Council.” Access to any document must be refused The European Union (EU), a body where disclosure could undermine the committed to furthering the political, protection of the public interest, privacy, social and economic integration of its commercial and industrial secrecy, the Member States, has undergone a number of Community’s. major institutional changes over the years. In 1997, the European Parliament The EU’s predecessors – the European adopted its own rules on public access, Economic Community, the European which provide that “the public shall have Atomic Energy Community and the the right of access to European Parliament European Coal and Steel Community financial interest, and/or confidentiality. – were essentially completely opaque in Documents under conditions laid down terms of information disclosure. Meetings in this Decision. were often held in secret and minutes were not published. Moreover, public access to Neither the Declaration nor the Code documents held by the Communities was of Conduct explicitly confer a legal right not generally regulated by rules, but was a to access official information held by the matter of wide, often arbitrary, discretion. Commission and Council, and the European The Treaty of the European Union Court of Justice (ECJ) has refused to read (the Maastricht Treaty), which came into in such a right. force in 1993, represented the first major step towards openness and included a However, the Amsterdam Treaty, Declaration on the Right of Access to which amended the Treaty of Rome and Information which stated: The Conference came into force in 1999, does effectively considers that transparency of the decision- recognize this right in a new article, Article making process strengthens the democratic 255, which states: nature of the institutions and the public confidence in the administration. The 1. Any citizen of the Union, and any natural Conference accordingly recommends that or legal person residing or having its the Commission submit to the Council registered office in a Member State, no later than 1993 a report on measures shall have a right of access to European designed to improve public access to the Parliament, Council and Commission information available to the institutions. documents, subject to the principles This Declaration was put into effect and the conditions to be defined in by the Commission, the EU’s executive accordance with paragraphs 2 and 3. body and The Council, the EU’s main 2. General principles and limits on decision-making body, composed of grounds of public or private interest ministerial representatives from Member governing this right of access to States, through the adoption in 1994 and documents shall be determined by the the Commission, the EU’s executive body, Council, acting in accordance with the put this Declaration into effect through the procedure referred to in Article 251 adoption in 1993 and 1994, respectively, within two years of the entry into force of a Code of Conduct on public access to of the Treaty of Amsterdam. Commission and Council documents. 3. Each institution referred to above shall The Code of Conduct is guided by the elaborate in its own Rules of Procedure general principle that “the public will have specific provisions regarding access to the widest possible access to documents its documents. Social Studies  Vol. 6  No. 1  81 

To give effect to this Treaty right, the Laws for Protecting Classified in May 2001 a new code of access was Information adopted by the European Parliament and the Council adopted a regulation III. Meaning of freedom of information on access to European Parliament, Council and Commission documents. Freedom of information as dealt It will replace the Code of Conduct and with in this article deals with seeking the European Parliament rules from 3 information. Freedom to seek information December 2001. is not expressly mentioned in both Article The preamble, which provides the 10 of the European Convention on Human rationale for the Regulation, states in part: Rights and Fundamental Freedoms and in article 23 of the Constitution of Albania. • Openness enables citizens to However, it is expressly contemplated in participate more closely in the decision- a few other international documents (e.g. making process and guarantees that Article 19 of the Universal Declaration of the administration enjoys greater Human Rights and the draft Convention legitimacy and is more effective on Freedom of Information). On the other and accountable to the citizen in a hand, it could well be argued that the latter democratic system. two international instruments do not have • Openness contributes to strengthening the force of law in so far as they are not the principles of democracy and ‘hard law’ as defined in paragraph 1 of respect for fundamental rights. Article 38 of the Statute of the International Court of Justice: they are, “soft law” having The Regulation has several other no legally binding effect. positive features, including a narrow list Nevertheless, it must also be pointed of exceptions, all of which are subject to out that both the Convention and the a harm test and some which are subject to Constitution do permit any person who is a public interest override. Article 4 states: pursuing information and ideas in which he 1. The institutions shall refuse access to has an interest to seek it. In other words, a document where disclosure would although there is no explicit obligation on, undermine protection of: say, a Government authority to disclose (a) the public interest as regards: certain information in its possession, • public security, the individual is permitted to seek that • defence and military matters, information which is freely available on • international relations, the market. If, however, the information • the financial, monetary happens to be of a confidential nature, or economic policy of the then the individual would be debarred Community or Member State; from receiving such information as the (b) privacy and the integrity of Convention and the Constitution do not the individual, in particular in provide for such freedom. accordance with Community As Helen Fenwick6 argues, “... the legislation regarding the protection wording of Article 10 of the European of personal data. Convention which speaks in terms of c) information which is classified as the freedom to “receive and impart confidential or state secret from information”, thus appearing to exclude

6 Fenwick Helen, Civil Liberties, (London: Cavendish Publishing Limited, 1994).  82  Freedom of Information an Internationally protected human rights from its provisions the right to demand than those of Article 10(2). What is to be information; from the unwilling speaker. noted is that the law considers telephony, Moreover, the phrase “without interference telegraphy, posts, wireless broadcasting from public authorities” does not suggest and television as means of communication that Government would come under whilst in paragraph (b) any law which any duty to act in order to ensure that imposes restrictions upon public officers information is received’. which is shown to be reasonably justifiable Even the European Court of Human in a democratic society is considered as not Rights is of this opinion. In Leander v. running counter to freedom of expression. Sweden7 the Court held that Article 10 does not confer on an individual a right of access IV. International principles to a register containing information on his personal position. Nor does Article 10 Article 19 of the Universal Declaration embody an obligation on a Government to of Human Rights and the draft Convention impart such information to an individual. In on Freedom of Information has produced Gaskin v. U.K., whilst the Court reiterated a set of international principles – to set what it had established in the Leander a standard against which anyone can case vis-à-vis access to information, it did measure whether domestic laws genuinely grant access to information held by the permit access to official information. They local authority but in terms of Article 88. set out clearly and precisely the ways in Further, Article 10(2) indicates that the which governments can achieve maximum disclosure of confidential material would openness, in line with the best international be debarred inter alia under the ground standards and practice. of “national security”. Indeed, every Principles are important as standards, person is permitted to use all such means which has to be the frame of the activity at his disposal to seek information if such and relationships related to the access information happens to be in the public to information. They need to be used – domain. Nonetheless, apart from being by campaigners, by lawyers, by elected conditioned by the exceptions to Article representatives and by public officials. 10, freedom of information is restricted by They need applying in the particular other rights, notably. The right to respect circumstances that face each society, by for privacy contemplated under Article people who understand their importance 8 of the Convention or the right not to and are committed to transparency in interfere with one’s correspondence found government, improving governance in article 41. The exceptions to freedom and accountability and strengthening of information under article 41 are wider democracy across the world.

7 The case concerns a Swedish citizen, whose employment in a museum on a naval base was terminated for national security reasons after secret security checks were conducted on him. In other words, police files containing information about his private life were used for the purposes of assessing his suitability for the employment. At the time, the applicant’s request for access to those files was refused. Mr Leander (the applicant) filed an application against the Kingdom of Sweden with the European Commission, claiming an infringement of his human rights under Articles 6, 8, 10 and 13 of the ECHR. 8 Article 8 provides a right to respect for one’s “private and family life, his home and his correspondence”, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society”. This article clearly provides a right to be free of unlawful searches, but the Court has given the protection for “private and family life” that this article provides a broad interpretation, taking for instance that prohibition of private consensual homosexual acts violates this article. Social Studies  Vol. 6  No. 1  83 

They are the product of synthetic categories of information that must be study, analysis and drawing on extensive published. experience overseen by a lot of non Based on article Article 8 public government and government institutions authorities shall make available to the in many countries around the world, listed public in sufficient quantity and appropriate as below: formats, Official documents available without a public request such as: A. Freedom of information legislation should be guided by the principle of • information as where its central maximum disclosure and local organs are situated, the employees from whom, and the The principle of maximum disclosure methods whereby, the public may establishes a presumption that all obtain information, make submittals information held by public bodies should or requests, or obtain decisions; be subject to disclosure and that this • rules and methods on how different presumption may be overcome only in forms can be obtained, and instructions very limited circumstances. Public bodies as to the scope and contents of all have an obligation to disclose information papers and documents as well as and every member of the public has a instructions how this forms are filled; corresponding right to receive information. • general legal rules based on which the Everyone present in the territory of subject operates as well as the adopted the country should benefit from this policies and the changes thereon; right. The exercise of this right should • statements on methods and procedures not require individuals to demonstrate by which its functions are channeled a specific interest in the information. and determined. Where a public authority seeks to deny access to information, it should bear Also, in compliance with the existing the onus of justifying the refusal at each legislation public authority shall make stage of the proceedings. In other words, available for review and duplication, in the public authority must show that the anticipation of any request from the public, information which it wishes to withhold the following official documents: comes within the scope of the limited regime of exceptions, as detailed below. • final decisions on a given case, including concurring and dissenting opinions as B. Public bodies should be under an well as orders implementing them; obligation to publish key information • administrative staff manuals and instructions to staff that affect a Freedom of information implies not member of the public;. only that public bodies accede to requests • copies of data that have been given for information but also that they publish priory to at least one member of the and disseminate widely documents of public, regardless of their format and significant public interest, subject only to which the public authority estimates reasonable limits based on resources and that it will be important for other capacity. Which information should be persons; published will depend on the public body • indexes or registers of official concerned. The law should establish both documents. a general obligation to publish and key  84  Freedom of Information an Internationally protected human rights

C. Public bodies must actively promote courts. Where necessary, provision should open government be made to ensure full access to information for certain groups, for example those who Public bodies must actively promote cannot read or write, those who do not open government informing the public speak the language of the record, or those of their rights and promoting a culture of who suffer from disabilities such as blindness. openness within government are essential if the goals of freedom of information F. Costs legislation are to be realized. Promotional activities are, therefore, Individuals should not be deterred an essential component of a freedom of from making requests for information by information regime, depending on factors excessive costs. The cost of gaining access such as the way the civil service is organized, to information held by public bodies key constraints to the free disclosure of should not be so high as to deter potential information, literacy levels and the degree applicants, given that the whole rationale of awareness of the general public. behind freedom of information laws is to promote open access to information. D. Limited scope of exceptions It is well established that the long-term benefits of openness far exceed the costs. All individual requests for information In any case, experience in a number of from public bodies should be met unless the countries suggests that access costs are not public body can show that the information an effective means of offsetting the costs of falls within the scope of the limited a freedom of information regime. regime of exceptions. A refusal to disclose information is not justified unless the public G. Meetings of public bodies should be authority can show that the information open to the public meets a strict three-part test in cases as: Freedom of information includes the • the information must relate to a public’s right to know about government legitimate aim listed in the law; activities and to participate in decision- • disclosure must threaten to cause making processes. Freedom of information substantial harm to that aim; and legislation should therefore establish a • the harm to the aim must be greater presumption that all meetings of governing than the public interest in having the bodies are open to the public. Governing information. in this context refers to the exercise of decision-making powers, so bodies E. Processes to facilitate access which merely proffer advice would not be covered. A “meeting” in this context refers A process, which guaranties facilitate to a formal meeting, namely the official access means that requests for information convening of a public body for the purpose should be processed rapidly and fairly of conducting public business. and an independent review of any refusals should be available. A process for deciding H. Protection of the individuals who release upon requests for information should be information on misconduct – informer specified at three different levels: within the public body; appeals to an independent Individuals should be protected from administrative body; and appeals to the any legal, administrative or employment- Social Studies  Vol. 6  No. 1  85  related sanctions for releasing information widely recognized worldwide in both on irregularity, which in this context includes international conventions and national the commission of a criminal offence, laws. Albania is among the nearly 80 failure to comply with a legal obligation, countries who have adopted a national law a miscarriage of justice, corruption or on access to information. dishonesty, or serious maladministration In Albania, freedom of information is regarding a public body. It also includes contemplated in two distinct fundamental a serious threat to health, safety or the freedoms ‘enactments. The first is contained environment, whether linked to individual in article 23 of the Constitution of Albania9 wrongdoing or not. and the second in the special Law no. The “public interest” in this context 8503, dated 30.6.1999 “On the right to would include situations where the benefits information over the official documents”, of disclosure outweigh the harm, or where an which provides for the right of every person alternative means of releasing the information to access information held by state bodies is necessary to protect a key interest. and to attend public meetings. Albania has also recognized through V. Conclusion international agreements that it realizes the importance of access to information. In The right to freedom of information, 2002, Albania ratified the Convention on and particularly the right of access to Access to Information, Public Participation information held by public authorities, in Decision-Making and the Convention on has attracted a great deal of attention Access to Justice in Environmental Matters recently. The public right of access to (Aarhus Convention) which requires information is an essential element of a that countries adopt laws on access to functioning democracy. This has been environmental information.

LITERATURE

[1] Colin Braham, The Law of Freedom of Rights (Law of Human Right. Information: First Cumulative Supplement, [4] Peter Carey, Data Protection: A Practical Oxford. Guide to UK and EU Law. [2] Philip Coppel, Information Rights: Law [5] Transparency: Freedom of Access to and Practice. Information and Its Role in Society [3] Richard Clayton, The Law of Human (Hardcover - 28 Dec 2007).

9 Article 23 of the Constitution of Albania provides for freedom of information. It reads as follows: 1. The right to information is guaranteed. 2. Everyone has the right, in compliance with law, to get information about the activity of state organs, as well as of persons who exercise state functions. 3. Everybody is given the possibility to follow the meetings of collectively elected organs.

COGNITIVE PSYCHOLOGY AS A KEY MECHANISM IN THE LEARNING PROCESS

Migena ALIMEHMETI - Department of French Language; Faculty of Foreign Language University of Tirana-Albania E-mail: [email protected];

ABSTRACT

Cognitive psychology is the branch of psychology that studies mental processes. This wide field of cognitive science is also related to other disciplines like neuroscience, philosophy, linguistics and teaching. Cognitive psychology is about “thinking in a critical way” or, to put it more succinctly, “critical thinking”. Critical thinking is an important element of all professional fields. A number of teachers and educators share the same thought that school should be focused on teaching pupils how to think critically and on nurturing in them those intellectual skills necessary for this process. As for this study, we are going to analyse the critical reading of an argumentative essay during a class. Our target is the continuous control of the reading skills. The techniques used to achieve this are various and they will depend on the readers. Keywords: Cognitive psychology, critical thinking, critical reading, education, accuracy, precision, relevance, and fairness.

Cognitive psychology as a key the decision-making ability and how to build mechanism in the learning process strategies and models in order to improve as much as possible the learning process. Cognitive psychology is a branch of Since, as mentioned above, this branch psychology exploring mental processes. of psychology is connected to other This process includes the way people think, disciplines, this also implies that specialists perceive, memorize and learn. This branch of these areas are continuously updated and of psychology is also connected to other informed on the latest news of scientific disciplines such as neuroscience, philosophy studies in this field, such as for example and linguistics. Various practical studies are students interested in linguistics, artificial made in this area, such as regarding the intelligence etc, teachers and educators memorizing process, or on how to increase interested in as much knowledge as

Social Studies 2012, 1 (6): 87-96  88  Cognitive psychology as a key mechanism in the learning process possible regarding the methods and maturity, and clarity; interpret data, appraise ways how people learn and memorize evidence and evaluate arguments; recognize information, engineers, scientists and the existence of logical relationships artists. Cognitive psychology is a sub between propositions, draw warranted discipline of psychology which explores conclusions and generalizations; put to the internal mental processes. It studies the test these conclusions and generalizations way how people perceive, remember, think, regarding their stability and also render speak and find solutions to problems1. accurate judgments supported on real life Cognitive psychology is concerned basis about specific thoughts. with that aspect which is often called A well cultivated critical thinker: “thinking in a critical way” or “critical thinking” for short. Critical thinking - Raises important questions and clarifies goals, examines assumptions, problems, formulating them clearly discerns hidden values, evaluates evidence, and precisely; accomplishes different actions and draws - Gathers the relevant information; conclusions. - Comes to well-reasoned conclusions “Critical” in this context does not and solutions, testing them continually mean “disapproval” or “negative”. Critical against relevant criteria and basic thinking can occur whenever one has to standards; find a solution to a complex problem or - Thinks open-mindedly within alternative situation, in general whenever one must systems of thought, recognizing figure out what to believe and what to do, assumptions and implications; and do so in a reasonable and reflective - Communicates effectively with others way. Reading, writing, speaking and without being influenced by others’ listening can all and should be done under thinking on the topic. the influence of critical thinking. Critical thinking is crucial to becoming intelligent Critical thinking is about being both readers and essential writers. willing and able to evaluate one’s thinking. One becomes able to establish models, This should happen when somebody makes to make connections and to solve problems unjustified inferences, uses or fails to notice that may appear. This method will increase important implications. We come into the more one’s mental abilities. The list of conclusion that this person does not have core critical skills includes observation, the appropriate cultivated thinking skills. interpretation, analysis, inference, On the other hand, one’s thinking might be evaluation and explanation. criticized about developing the intention to Critical thinking calls for the ability be truth-seeking, open-minded, analytical, to: recognize problems, understand the confident in reasoning and prudent in importance of prioritization and order making judgments. of precedence of factors in problem Critical thinking is based on self- solving, gather pertinent information, corrective concepts and not on step recognize unstated assumptions and values, by step procedures2. Critical thinking comprehend and use language with accuracy, employs intellectual modesty, sensitivity,

1 Critical thinking: a statement of expert consensus for purposes of educational assessment and instruction. ERIC Document No. ED 315-423. 2 Paul R., Elder L. The miniature guide to critical thinking concepts and tools. Dillon Beach: foundation for critical thinking press, 2008. Social Studies  Vol. 6  No. 1  89  integrity, courage, autonomy, persistence, to use them, whereas for some others is belief in reasoning and other intellectual the contrary: some are disposed but lack characteristics. strong skills, and a third category does not Critical thinking is considered as an have any of them. important element of all professional fields. An educational curriculum aimed at This process involves the careful acquisition, building thinking skills would be a benefit interpretation of information and use of it not only to the individual learner, but also to reach a well-justified conclusion. Critical to the entire community. The importance thinking therefore takes various forms of critical thinking involves the complete according to the area where it is applied, learning process and this is considered in such as: the sociological, historical, political, two aspects: philosophical, ecological, mathematical, The first occurs when learners, for ethical and musical thinking, etc. Based the first time, construct in their minds the on the above mentioned, we arrive at the basic ideas, principles and theories that conclusion that critical thinking principles are inherent in context. This is a process are universal even though their application of internalization. to disciplines requires a process of reflective The second occurs when learners contextualization. effectively use those ideas, principles Many teachers and educators have and theories as they become relevant in arrived at the conclusion that the school learners’ lives in an effective way and this should focus in teaching students critical is called the process of application. Good thinking skills and building intellectual teachers should cultivate continually traits that should characterize these abilities. critical thinking at every stage of learning Edward Glaser3 emphasizes that the including initial learning in children ability to think critically involves three at pre-school stage. We are used to aspects: encounter in schools the “Socratic” manner of asking, but the rhythms of - An attitude of being disposed to social progress and development; where consider in a thoughtful way the school is the first institution involved in problems and subjects that come this change; require that teachers foster within the range of one’s experiences; critical thinking in students by asking - Knowledge of the methods of logical questions that stimulate thinking essential enquiry and reasoning; to the construction of knowledge. - Some skills in applying those methods. These questions are of a similar nature but with a different composition according Educational programs aimed at to the academic disciplines being part of developing critical thinking, both in it. Each learner should create and give children and adult learners, individually his opinion because the process itself is or in group work, in problem solving and individual for each person. Thus, critical decision making contexts. thinking, of whatever type it may be, The relationship between critical is never general but individual. Critical thinking skills and critical thinking thinking is self-oriented and personal. dispositions appears to be an empirical The critical thinking process displays case. Some people have both in abundance, the following characteristics: some have skills but not the disposition

3 Glaser E. An experiment in the development of critical thinking, Teacher’s College, Columbia University, 1941.  90  Cognitive psychology as a key mechanism in the learning process

- Raises vital questions and problems, According to Borel Masonny, (1949) formulating them clearly and precisely; “To read means that the written sign is - Gathers and assesses relevant assigned its sonority.”. Gaston Mialaret4, information to the case using ideas in his book L’apprentisage de la lecture, that serve to judge in the best possible defined the reading process as follows: way the conclusions and solutions to “Knowing how to read means being able problems by continuously comparing to change a written message in a sound them with standards; message following some determined rules, - Thinks open-mindedly within understanding the content of the written alternative systems of thought; message and also the ability to judge and - Communicates openly and effectively evaluate esthetical values”. with others in order to figure out Robert Gloton5 has dedicated the the most appropriate solutions to success and power of reading “to that complex problems. person who makes an activity more than active, to the one who knows how to So to summarize, the critical create a different opinion”. Sartre sees thinking process can be considered as into the process of reading the synthesis of a self-disciplined, self-directed, self- perception and creation. “The person who monitored, and self-corrective thinking. It has this ability of total commitment, shall presupposes assent to rigorous standards without doubt achieve the taste of reading, of excellence and it entails concrete and the richness of literary productivity effective communication, problem-solving shall be a permanent stimulant to his abilities, as well as a commitment to desire.”. overcome egocentrism. In the “Robert” dictionary there are Various educational programs given three meanings of the verb “to read”: manifest a meaningful orientation a) to read means to follow with your eyes regarding the critical development of and recognizing what is written, b) it is thinking. Our students are more and connected with finding the content, c) more confronted with pedagogical and pronouncing aloud a written text educational consequences that require Jacques Foucambert6, provides an the use of logic to reach at the necessary “organic” definition: “Found before the conclusions. written signs that compose a message, the reader coordinates the movement of eyes Critical Reading to follow the lines from left to right and this movement is stopped often for every WHAT DO WE UNDERSTAND line to give the eyes the opportunity to WITH READING PROCESS? discern, during the time that they are not moving, a unity of signs included in many To define it, it is a delicate process letters and words. This activity directs the mostly when it is related to the verb “to reader to give a meaning to the written read”. As a matter of fact, we can read text by integrating previous knowledge texts, images, objects, gestures, faces, with new elements and also to memorize scenes, views... it under the form of an impression or

4 Gaston Mialaret, “L’apprentissage de la lecture”, P U F. 5 J. Lolibert et R. Gloton, “La lecture”, Group francais d’Education nouvelle. Casterman, 1975. 6 J. Foucambert, La maniere d’etre lecteur, Hatier. Social Studies  Vol. 6  No. 1  91  judgment of ideas.” This definition is of the written information. It resembles based on the physiological, mental and to linear reading; it is complete; it is a psychological aspect of reading. word for word reading; it is chronological Reading means also searching for but it changes from the linear one only something but it is also desire. The process because its purpose is assimilation. This of reading is a sign of life. This process is is the type of reading that is utilized by active when it fulfills a certain purpose. pupils, students and all people concerned However, another aspect of this who study for an exam. It is used in process should be related to the purpose books, summaries, during classes, and of understanding, so this is connected in didactic works. This is more about with the desire and purpose to go beyond assimilation of the subject of information reading a book or any other material and and it is very close to learning it by heart. understanding whatever is written on it. This type of reading is often accompanied This reading requires a mental effort as by repetitions and regressions. There is regards to the connection of ideas and not any paragraph which the reader does information, and also to the definitions of not “pass\catch”. Sometimes blockings concepts. It is based on reasoning; requires can appear when assimilation does not patience and a methodological practice; it work and the disturbance symptom may invites for reflection after its conclusion; manifest itself, and the reader is not it does not end after reading the last directly connected to the text. word; it is connected with the capacity to But some readers start reading a book reformulate and reconstruct an opinion, a or a text with the purpose to imagine, or thought, and a conclusion. create on their own. The text is considered Another reason that encourages us as a point of departure, as a support, it to read is finding information inside the encourages the thinking process, and it material. Here the eye is free during the gives ideas; in addition, solutions are entire text. It is ready to detect information; found to problems. Reading is the way searching a word in a dictionary, a phone to react, it is the way of personal pleasure number in a list of numbers, or a statistic to taste personal imagination required by in an article, etc. This selective reading the book. requires a good eye ability to discern Another reading purpose is the word. It is considered as annoying, understanding and applying advice, orders without any interest and tiring because or requests of exercises or further advice sometimes it is necessary to turn back and connected for instance to reading and may be called explorative reading. applying a culinary recipe. Its purpose is: But people read also in a linear way. understanding the given information and This is the most practiced type of reading. applying the given stages of this recipe Reading in a linear way means to progress while preserving the right order. word after word, page after page till the A critical reader follows these steps: last word in a book. This reading detects the linear connection of words. It is related - Discerns what the text says and the to some literary genres such as novels, critical reader reflects on how the essays, short stories, theatrical parts, text operates, for example in offering poetry... For example reading a thriller examples, arguments, withdrawal, novel is characterized more by a linear providing contrasts in order to reading than a mental one. provide an issue as clear as possible; Another reason is that of assimilation - It can be said that the critical reading  92  Cognitive psychology as a key mechanism in the learning process

process is presented in three stages: is focused, and together with it the • What a text says (restatement) author’s attitude; the author, because • What a text does (description) usually within the material people • What a text means (interpretation) search to find some information on the author; the introduction and The aim of critical reading is to conclusion of the essay... recognize an author’s purpose, understand Afterwards, students are suggested to the tone and the persuasive elements and focus on the structural organization also to recognize bias. All of these appear of the essay. At the beginning, on the register of the selected language. they should concentrate on the subdivisions and paragraph divisions How to analyze an argumentative of the text. Through this procedure, essay during a class students can easily identify the main problem or issue being treated. When students read for information, they are in search of facts and assume that 2 Interpretative reading (understanding these facts are accurate and precise. For what the author argues, what the this kind of reading, students need to have author concludes and exactly how a certain level of memorization. he or she reached that conclusion) Whereas when students read critically, This stage requires a complete and they try to determine the quality of the careful reading of every single word. arguments provided. In this case, the It is specific for this reading to search student should be skeptical and also open- for key words by writing them apart minded. Here students should be active on the margins of the page. It is because they have to read over and over also necessary to pay attention to again in order to find the way the author unknown words or terms, an element has reached into a conclusion through that requires verification of their arguments. In this case, critical reading meaning in dictionaries. In some means that the student should think cases, the author uses the words in about the subject. Reading and analyzing a more specialized meaning than in an argumentative essay during classes is their usual meaning. So in this case expected to undergo five stages: we encounter the case of polysemy. While reading, it often happens 1 Pre-Reading (examining the text to lose the logical thread of the and preparing to read it effectively): previously read parts because of students are suggested to focus oblivion. To avoid this phenomenon, their attention on a text for about it is advised to paraphrase each ten minutes to “have a quick look” paragraph in your own words, before reading it in details. This will saying it aloud or by writing it. help them create a kind of opinion This is related to the paraphrasing about the context where arguments operation. It is also advised to are expressed. The data that can be summarize in a single sentence each gathered during the stage is related paragraph after reading it. to: the length of the text which leads During this phase, it can happen to time scheduling for a further and that some paragraphs or parts are detailed reading, the title that often not understood by the students, establishes the subjects the author thus causing confusion to them. It is Social Studies  Vol. 6  No. 1  93 

advised that these parts are read again to organize a list of questions, because it is generally believed that starting with questions regarding after a second reading one can create the text, about themselves (what a more complete idea regarding the is your attitude toward the issue, subject of the essay and one can clarify about personal prejudices, emotions, as much as possible their meaning. previous experiences related to the But this second rereading should be subject etc), questions about ideas a slower one. In this case discussion represented on text, finding the with the other students who have relation of ideas i.e. connectors and read the part that has created this anaphors, etc. confusion is also very helpful. In the Writing down notes in the text event that even the other student is margins is also a recommended confused, a joint discussion can clarify practice. The student should not be the content. satisfied with the temporary effect Furthermore, another advice that can that comes from reading a part or an be efficient in eliminating confusion expression, but they should underline is rereading it the next day in the or mark important passages and jot morning while the mind is still fresh. down notes. Another key moment at this stage is organizing a discussion 3 Critical reading (questioning, and debate during the class. examining and expanding upon what the author says with your 4 Synoptic reading (Putting the author’s own arguments) If we have finished argument in a larger context. This interpretative reading successfully, implies that the presented arguments and the student fully understands should serve to further develop the everything in it, then the student thoughts and opinions related to the is ready to do a fair and honest job relevant area of the argumentation. of critical reading. It is important, however, that the student fully 5 Post-Reading. Here, students attempt understands how the author reached to create personal conclusions to all his conclusion before determining the previous work. First of all, it is whether or not he agrees, but without good to review the notes taken and excess doubts and skeptical attitudes. the answers of the pre-reading and Critical reading is not simply the critical reading stages. The main act of doubting everything we read. argument and conclusion of the Critical reading is considered as a essay should be restated in a single deliberate act of testing concepts. A sentence. Then the student explains critical reader tries not only to think in his words how the author of the about arguments to refute what essay has reached his conclusion and he reads, he tries to think of extra whether he is convincing or not. arguments to support his opinion in favor or against the arguments As regards to the study and analysis presented in an essay. Only then does of an argumentative essay during the he weigh the argument carefully and class, we should take in consideration come to a decision. that from the conditions offered by the In order to have a successful reading class, the educational curricula pays activity, students are recommended attention to the selection of these kinds  94  Cognitive psychology as a key mechanism in the learning process of texts. In this study and work we are of • Internal organization of text the opinion to present in a modest way (coherence and cohesion, clarity and some of the criteria that should be taken progress of ideas and events); in consideration during the selection of • Length of text; these texts. • Style • Register a) The text should contain the necessary • Time limit foreseen for text treatment; amount of linguistic elements • Emotional and physical state of (morphological, syntactical and student lexical) known and unknown to the • Difficulty level of ideas according to students; a gradual passing, e.g., b) The socio-cultural content of the text - From known to the unknown should be able to offer a comparison - From personal to impersonal with the reality of the area where the - From concrete to abstract student lives; - From the close to the distant c) The proposed texts should represent different kinds of texts (such as An important principle, in enabling narrative, informative, persuasive, thinking during the reading process, is the descriptive, theatrical and poetical acceptance of the term “active student”; texts); such a student collaborates during the d) Documents should be addressed to an learning process. He is characterized by a audience of the same age, who share critical awareness as meaning-maker. the same motivation, in particular in In addition to that, the teacher should the beginning of the learning process; lead students to the self-organization of e) The text should always be a source of their work, and to critical reading of a curiosity and information; persuasive text. They, as critical readers, f) The text should be adapted to the can ask questions and make hypothesis, determined objective\objectives; e.g.: g) The text should be adapted to the intellectual capacity of the student. - Am I really thinking about what I am reading? To evaluate the level of difficulty of a - Regarding the source: text, the following factors should be taken • What kind of publication is it? in consideration: • What is the background of the author related to the topic? • Familiarization level of students with • What is the audience of the the literary genre of the text; author? • Familiarization level of students with - To make known what is stated the theme; • Is the author stating exactly what • Familiarization level with socio- I think he is stating? cultural and socio-linguistic elements - Recognition, detection of assumptions of the text; and implications • Information density; • What has the author undertaken • Direct or indirect character of the to present as true? Which of the informative or persuasive argument; assumptions is stated openly? • Linguistic diversity (number of new Which is not? terms and vocabulary); • Does a statement, affirmation, Social Studies  Vol. 6  No. 1  95 

utterance from the context Critical readers are active readers. depend on its implication? They ask, confirm and examine what they • What does the author claim? are reading during the reading process. What does he imply? While selecting literature from - Identification of purposes, attitudes, different fields, students learn to read in tones, prejudices of the author a personal, active and detailed way. Of • Why has the author written prime importance is that students should this? Which is the motive and learn to evaluate their personal opinions purpose? and those of the others, and also to • What are the attitude, tone and compare their interpretations with those prejudice of the author? of the others. Therefore, the learning • Does the author imply what he process is composed by two aspects: the is saying? Or is he stating things personal one and by collaboration which indirectly through humor, satire, encourages critical thinking. irony and sarcasm? • Should the words of the author Conclusions be taken as they are stated? Or are they jargon, idioms or literary Based on the above mentioned, we figures? can reach at the conclusion that the reading • Which of the author’s statements process is more than a movement of eyes on are justifiable? Which aren’t? words, it is more than being concentrated, - As mentioned above, it is possible it is a process of understanding, assimilating now to create the student’s profile as and producing. To read means to have a a critical reader: He purpose (Why am I reading this material?), • Does not believe everything he to construct the content (to create) and reads; to detect the progressive development • Asks questions about everything of ideas in a text, it means to provide that does not make any sense to arguments. The reading process directs the him; understanding process at reasoning level. • Asks questions about things that To read implies the understanding process make sense to him; of a written text that is characterized by • Rereads the text when he thinks gathering information, by the capacity that something might have to memorize this information until the slipped to him; end (the short-term memory), by the • Accepts that his impact on ability to express this information, by the what the author writes might familiarization level with the topic, by the be caused more by the author’s relation or motivation to read a certain writing style than by the stated text, by the reaction of the reader toward facts; the readability of a text (presentation, • Analyses arguments; typography, style, vocabulary, etc) • Doubts the arguments that are To a simple reader, a text presents only not based on correct reasoning; facts whereas the critical reader discerns • Has a reason to believe or not not only what is being stated in the text but believe in something, to agree also the way it is stated, thus, discerning with some authors and not to different ways in which each text appears agree with some others. as a critical creation of an author. We must emphasize that the reader/  96  Cognitive psychology as a key mechanism in the learning process student should have experiences in his and potential. What is crucial in achieving background to create texts of different a high level during the reading process is kinds which are involved in constant the student’s ability as a reader to connect, discussions in order to reach to the attach new information to the already content. This is crucial to reading. The familiar one which will later serve to him reading process offers a high thinking level to find answers to cognitive questions.

BIBLIOGRAPHY

AEDP (Albania Education Development Project) CALAQUE Elizabeth. Lire et comprendre - SOROS Foundation: “Study everything, “L’itineraire de lecture”. La collection 36, reason comes first” /Development of critical C. R. D. P. de Grenoble, 1995 thinking during reading and writing/. Critical thinking: a statement of expert consensus (Collection of Articles). Tirana, 1998. 384 for purposes of educational assessment pages and instruction. ERIC Document No. ED AEDP: “Teaching Methods”. (Group of authors). 315-423 Tirana, 1999. Lolibert J. et R. Gloton, “La lecture”, Group BELLENGER Lionel, ‘Les methods de lecture’. francais d’Education nouvelle. Casterman, Presses Universitaire de France, 1989 1975 Social Studies  Vol. 6  No. 1  97 

EDUCATION AND TEACHING IN THE PERCEPTION OF ALBANIAN CITIZENS AND SENIOR HIGH SCHOOL STUDENTS - AN EMPIRICAL APPROACH

Lekë SOKOLI - University Marin Barleti, Tirana-Albania Emai-: [email protected];

Eurona LEKA - University Marin Barleti, Tirana-Albania E-mail: [email protected];

Jonida LAMAJ - University Marin Barleti, Tirana-Albania E-mail: [email protected];

ABSTRACT

This study is based on empirical statistics. The data used were obtained from two successive national surveys conducted by Institute of Sociology. The first (n = 1364) was conducted with citizens from different age groups, surveyed in 11 districts of Albania. The main finding of the first survey showed that public concern over today’s level of education is quite high, even higher against other social problems. Concurrently the data indicated that the public expectation in regards to education is also high. The question: “what is needed to succeed presently in Albania, the participants responded passively, “to have a good education.” Even the vast majority of participants considered education as the principal factor for reducing poverty levels. However, as it turns out, poverty is an almost insurmountable barrier for the education of children and youngsters and, on the other hand lack of education results to a poorer living standards in the future (a vicious circle). The question arises: How and in what ways can we make the children`s education an independent variable from the current level of poverty? The second survey (n = 2700) was conducted with senior high school students from 38 public and non-public schools, through which it was studied the desire of youngsters to continue their higher education studies, the quality of the intended university programs and their preferences on fields of study. From this survey was found that about 95 percent of

Social Studies 2012, 1 (6): 97-103  98  Education and teaching in the perception of albanian citizens high school graduates were “very willing” to pursue higher education (only 1.1 percent do not wish to continue their studies); 78.5 percent of them claimed to pursue the studies “in a well-known university”, but only 0.8 percent of them indicated as their first preference a teaching university program. Many things should change in Albania, in order for teaching to not become an abandoned profession with negative cyclical effects for its future:…Twenty years ago, the phenomenon of “burned-out” (professional exhaustion) has been studied among Albanian teachers. This issue should be reviewed, to turn the attention towards teaching, once and for all. Keywords: Keywords: Education, teaching, social problems, educational barriers and preferences, teacher public prestige, burn-out – professional exhaustion.

Backgroung childrens` education) in an independent variable from the current poverty levels? This article is mainly based on empirical The second survey was conducted with statistics. The data used were obtained a sample of youngsters, consisting of 2700 from two successive national surveys senior high school students graduated in conducted by the Institute of Sociology. 2010. It was conducted in 38 public and The first survey was performed with 1364 non-public high schools. Through this citizens from different age groups, from survey was explored the young people’s 11 districts of Albania. According to its aspirations to continue their university main finding, the quality of education is studies, the quality of intended university publicly perceived as problematic. Indeed and their preference related to the fields of as it will be explained later on, the most study, etc. From this survey it appears that suprising result of this survey relates to the the pursuit of higher education studies fact that the coefficient of public concern is a massive desire (about 95 percent of for the current school level is higher in graduates are “very willing” to continue comparision to the coefficient of public the university and only 1.1 percent of them concern in regard to major social problems do not wish to continue their studies after in Albania such as: poverty, unemployment, high school); also it was remarkable that level of health service, corruption, degree the demand to pursue such studies in a very of law enforcement, the degradation of qualified university is gradually growing nature and so on. (more than three quarters of graduates Concurrently, it results that the public surveyed claimed to continue their studies expectation on education is also high. To in “a very high quality university”). the question: “What is needed to succeed in The preferences of young people to Albania?” the participants have responded continue higher education, the quality massively, “to be the well educated”. In of preferred university, the reasons for the fact, the vast majority of respondents choosing the public university versus the do consider education as the main factor non-public university have been tested for reducing poverty. However, as it turns and analyzed through a set of different out, poverty is an almost insurmountable variables, such as: gender of respondents, barrier for the education of children and the profile of their high school (general youngsters and, on the other hand lack or vocational high school), the financial of education results to a poorer living feature of their high school (public or standards in the future (a vicious circle). private), High School GPA, their families’ The question arises: How and in what ways economic level and place of residence at can we transform the education (especially the time of the survey. Social Studies  Vol. 6  No. 1  99 

From the survey data we observe 18-20 problems meet the criteria of being serious problems related to teaching as a social problems, based on a widely accepted profession and teachers as professionals and definition (Horton, Leslie & Larson 1991; key stakeholders in education development. Sokoli, 2009a), according to which: In fact only 0.8 percent of students “A social problem is a condition affecting a have selected teaching as their first significant number of people, in way considered preference for university studies. Thus, undesirable, about which it is felt something regarding teaching, the main concerns can be done, through collective social action”. would be whether we are dealing with an This definition has four distinctive obsolete occupation? What can we forsee ideas: A condition affecting a significant and what can we expect in the future? The number of people (1); In a way considered “burn-out”phenomenon (professional undesirable (2); About which it is felt exhaustion) was studied twenty years ago something can be done (3); Through among Albanian teachers (Tarifa & Sokoli collective social action (4). [1993], 2007). Nowadays, the challenges Hence, a methodological principle associated with education and teaching is derived: testing of social problems are completly different in comparison to and measurement of the degree of their those twenty years ago. Nevertheless, a intensity represents the assessment of need for a multifaceted study related to the public concern for them. The main social phenomenon of burn-out is clear, due to the problems and their hierarchy based on the charateristics of teaching as a profession. rate of “perceived public concern” for them, From what we have noticed so far, are listed in Table 1. The concern coefficient it appears that the phenomenon “burn of each social problem is calculated based out” is worse in present days, because the on a standard formula: public prestige of teaching and teachers has declined, the teacher’s authority in front the Cc = No.vc + ½ No.lc – No. nc pupils or the authority of the professor in front of students has fallen. The principal First, we have an unexpected result: goal of this study consists in providing the low level of school in Albania is an answer to the to the key question: considered as the greatest social problem How many of these problems will have a of the moment. cyclical negative impact to the development of Where: education and in the same time to the future Cc – is the coefficient of public development of Albania? perception concern; Nvc – is the number of respondents School Quality as a “social problem” that perceive the given problem as a “big concern”; The first survey to which we will refer, Nlc – is the number of respondents constitutes a national survey tested through that perceive the given problem as a the perception of Albanian citizens about “medium concern”; the social problems of currently in Albania. Nnc – is the number of respondents In preface we can say that the priorities that perceive the given problem as “no of each government are defined by the concern” at all; hierarchy of social problems. This in is fact Np – is the general number of the principle of government performance respondents (the sample of this survey in developed and democratic countries. consists in 1365 respondents). Based on this survey it appears that about  100  Education and teaching in the perception of albanian citizens

Table 1. The Hierarchy of social problems

More concern problems The concern coefficient Ranking

Drug abuse - 0.136 XVIII Alcohol abuse + 0.090 XIV Poverty + 0.552 IX Unemployment + 0.707 II Human Trafficking - 0.025 XVI Poor rule of law + 0.567 VII Corruption + 0.545 VIII Conflicts between neighbours + 0.133 XIII Violence - 0.029 XVII Conflicts between generations + 0.179 XII Low level of citizenship education +0.480 XI Degradation of nature +0.578 VI Low level of education +0.725 I Problematic relations: teachers-students +0.580 V Husband-wife conflicts +0.026 XV Vanity life of the young people +0.684 III Low level of Health services +0.660 IV Discrimination to poor children from rich ones +0.512 X

From the data of this table, we can (Table 2), where the dominant alternative assess a number of problems related to answer of the respondents was the good teaching and the proper role of a teacher. level of education. Firstly, it is unanimously accepted Thirdly, we noticed that a number that in present days, the school level is very of other social problems are directly or low. Furthermore, the “low school level” indirectly linked with the school and is “firstly ranked in the hierarchy of today’s teachers. This is based on the unique role social problems”. Surprisingly we can find of the school as one of the basic institutions of out that the coefficient of public concern society providing not only vocational education for education (+0.725) is higher than but also civil education for the youth, however the coefficient of the public concern for based also on the unique role of the teacher, other major nowadays social problems as a lecturer and a model, having a significant such as: unemployment, poverty, level of versatile impact in the education of young health service, corruption, degree of law generations. These problems sorted out by enforcement, the degradation of nature the level of the public concern are: and so on. Idle life of the youth; Secondly, referring to the public Problematic relationships teacher- expectations, it was observerd that the pupil; qualitative education is considered the key for Low level of civic education; solving other social problems, such as poverty Law violations; and so on. The crucial question: “What Discrimination of the poor children is needed to succeed in Albania today?” from rich families children; received some very significant responses Conflicts between generations; Social Studies  Vol. 6  No. 1  101 

Table 2. What is needed to succeed in Albania today?

What is needed succeed Age categories of the respondents National in Albania? sample Children Young Adults

To have luck 12.8 14.0 16.4 14.4 To have a good education 58.6 53.0 37.8 49.6 To have friends 6.8 11.0 11.5 9.3 To be tenacious 4.0 4.2 6.2 4.9 To work hard 9.0 11.5 16.6 12.4 To be employed abroad 2.9 2.0 2.6 2.7 To be professional 4.5 3.0 3.6 4.0 To be petty trader 0.4 1.5 3.8 1.0 Others 1.0 0.8 = 1.5 Total 100.0 100.0 100.0 100.0

Violence in the society; refers to our entire education system. Trafficking of human beings; To conclude, based in the “hierarchy of Abusive use of alcohol social problems – a government priority”, Drug use (mainly used from the we can say: teenager: Sokoli, 1999) Firstly, education becomes a priority Lets take one of them and analyse in of priorities; depth, a previously known phenomen: Secondly, it is time that for the discrimination among students due to development of education (educational economic level of their families (Table 3). policy) is preferably requested a national As we can learn from the table, it consensus. This means that education must seems that we are dealing with a troubling be free of political “chains”, and possibly problem: 45 percent of respondents cease to be subject of political struggle; acknowledge that among students there Thirdly, it is time for the (re) evaluation is “a lot of discrimination” due to the of the role of teachers, and of their reputation economic situation of their families. This and role in school and society. This, perhaps fact is more perceived by those coming may start with: from “very poor” families, two-thirds of The Official announcement of the which provide exactly this rating. This issue teacher as a public person, or personality,

Table 3. How much are the pupils discriminated based on the economic level of their families?

Family economic level How much are discriminated the poor students? A lot of A few Not at all Total

Rich 56.1 34.1 9.8 100.0 Medium 42.8 42.1 15.1 100.0 Poor 43.8 43.3 12.9 100.0 Very poor 66.2 24.7 9.1 100.0 National sample 45.0 40.8 14.2 100.0  102  Education and teaching in the perception of albanian citizens with special qualities (1); “they do not desire “and will not continue The establishment of a legal status for their studies. This trend, apparently, is “a teachers and its legal regulation (2); mixed blessing.” Basically massive desire to The transformation of the occupation of continue the higher education is a positive the teacher into a national profession, based phenomenon. But, in practical terms, this on competition with specific criteria, desire does not justify the preparation evaluation, etc.. (3); of students to enter higher education The in-depth knowledge of teachers as institutions, with this insinuating the results individuals and personalities with his/her own of high school. Hence, the desire for higher interests and professional interests (currently education, for a considerable number of performed badly or very badly) (4); students may degrade the degree. The recognition and treatment of Referred to teaching and teachers - the the multidimensional (professional, object of our survey, it results that we are partnership, social ect) complex relationship still in front of a not so desirable fact, that of the teacher with the school (colleagues, anyone can become a teacher (!). students) as well with the community and But how willing are the young people the society as a whole (5). to continue their university studies for These suggestions, referring to around becaming a teacher? The data show that the 10-11 social problems related to education - desire to become teachers has significantly or others that may arise from more in-depth faded. Referring our first preference, related studies – based on the simple logic “to kill as to 40 study programs, it appears that many birds with one stone.” By intervening programs in economics occupy in total, in order to study, radical improvement of more than a quarter of the preferences. But, the school - as an institution – other social without analyzing in detail the preferences problems related directly or indirectly can of fields of study and without analyzing be addressed, mitigated or resolved. the compatibility of these preferences with These suggestions derive by the the present and future features and demand findings from the data of the second survey, of the labor market (this may constitute which will be referred below. the object of a particular treatment), we underline an important fact: that only Teaching, a profession that is being 0.8 percent of teenagers have as their abandoned ...? preference, a study program in teaching. This data can be an alarm signal, a From the data it turns out that in the starting point for further research on the last two decades a drastic aleternation has causes of the collapse of the teacher public taken place in the public perception related prestige, to find ways to encourage (with to the right for higher education: from a various incentives), the preferences and right by competition, to a general right. About desires to become a teacher and to be 95 percent of senior high school students dedicated to teaching. This is not to enter in 2010, said that were “very willing” to a detrimental cycle, but that the teaching continue their studies, about 4 percent are profession become a preferred and a seeking still willing to continue their studies and one, especially for talented individuals, only about 1 percent say emphatically that many things must change in Albania. Social Studies  Vol. 6  No. 1  103 

REFERENCES:

Beqja Hamit & Lekë Sokoli. 2000. “Tranzicioni revista Gjeopolitika, nr. 5, fq. 78-90. demokratik dhe zhvillimet psikologjike”, _____. 2009b. “Rinia dhe tregu i punës në në Politika & Shoqëria, Vëll. 3, Nr. 1 (6), Shqipëri”, revista Studime Sociale, Vëll. 3, fq. 33-44. Nr. 1, fq. 19-33. Horton B. Paul; Gerald R. Leslie; Richard F. _____. 2009c. Some present social problems of Larson. 1991. The Sociology of Social Problems, Albania, Tiranë: Instituti i Sociologjisë. New Jersey: Printice Hall, Englewood Cliffs. _____. 2007. “Young People and Labour Market Sokoli, Lekë & Elma Tëshana. 2010. Varfëria in Albania”, in Balkan Yearbook of Human dhe fëmijët në Shqipëri, Tiranë: Institutit të Rights: Balkans Human Rights Network Sociologjisë & Qendra “Fëmijët Sot”. (BHRN), Sarajevo, Bosnja & Hercegovina, Sokoli, Lekë. 2010a. “Diferencimi social dhe pp. 15-36. varfëria: Shqipëria në kontekst eurolindor”, Tarifa, Fatos & Lekë Sokoli. 1998 “Exploring revista Studime Sociale, Vëll. 4, nr. 1, fq. Burnout and its Correlates among Albanian 78-89. Teachers”, Michigan Sociological Review, No. Sokoli, Lekë. 2010b. “Ekuivoket e tranzicionit”, 12, pp. 95-116.  104  Education and teaching in the perception of albanian citizens Social Studies  Vol. 6  No. 1  105 

SOCIAL ASPECTS OF VIOLENCE IN FAMILY RELATIONS AND THEIR REFLECTIONS IN THE ENFORCEMENT OF THE ALBANIAN FAMILY LEGISLATION

Aurela BOZO - University of Tirana; Ph.D. candidate E-mail: [email protected]

Klajdi MONE - University “Ismail Qemali” of Vlora; Ph.D. candidate E-mail: [email protected]

Introduction 2011, with object dissolution of marriage and interviews organized with 20 violated Different aspects and tendencies of the women and girls, in family relations phenomena of violence in family relations who are in the process of dissolution of are reflected in different family cases, marriage or issuing urgent protection especially in cases with object dissolution of orders/protection orders, near this court. marriage, custody of children, alimony, etc. Court cases and interviewed women Violence in family relations is one of and girls violated in family relations are the causes of the dissolution of marriage, selected randomly, from the clients of referred to the family court cases and the Center for Legal Civic Initiatives reflections of the enforcement of the law supported with psycho social support and no.9669, dated 18.12.2006, “On measures free legal aid. against violence in family relations” indicates that the phenomena of violence in family Domestic violence one of the main relations is a consequence of dissolution of causes of dissolution of marriage marriage, too. Methodology: The findings of The Constitution of the Republic of the article are based in a quantitative Albania envisages a specific protection for and qualitative analyze stemming from the family. Article 53 of the Constitution monitoring of 50 court decisions of of Republic of Albania envisages that Tirana Judicial District Court judged in everyone has right to be marriage and to

Social Studies 2012, 1 (6): 105-112  106  Social aspects of violence in family

Table 1.

Family cases Year 2006 Year 2007 Year 2008 Year 2009 Year 2010

Divorces 4727 5335 6109 6169 5970 have family. Marriage and family enjoy the frame of CEDAW (Decision of the Council specific protection of the state1. of Ministers 1082/23.7.2008) The Albanian state has ratified a Albania signed in 2011 the Council considerable part of international instruments of Europe Convention on preventing and which are linked with protection of human combating violence against women and rights. The Constitution has defined the domestic violence. All the internal Albanian place the international instrument has in legislation is traversed by the principle of the internal system and the way of their equality and non discrimination in the implementation.2 marriage and family. The ratification of the European Moral and juridical equality of spouses, Convention for Human Rights [ratified love, well understanding and mutual respect with law no. 8137/31.7.1996] reformed is the general principle of marriage referred and approximates all the Albanian legislation in the Family Code3. As a unit with itself, the with standards and legal practice of member family reflects the problems with which the states of the Council of Europe. Article 8 of society is faced. Societal problems, family and this Convention envisages protection of the individual problems are interacted. When private and family life. On 18 December the problems are not managed in a proper 1979, the Convention on the Elimination way, they lead the marriage and family in of All Forms of Discrimination against crossroads. The national data from the official Women was adopted by the United Nations statistics of the Justice Ministry4 reflects General Assembly. States Parties are obliged increasing the number of divorces in the years to take all appropriate measures to eliminate 2008, 2009, 2010 comparing with the years discrimination against women in all matters 2006, 2007. It is a sustainable tendency of relating to marriage and family relations. divorces increasing. The Albanian state has ratified CEDAW Referring to 50 monitored court cases Convention in 1993 and Optional Protocol of with the object dissolution of marriage, it this Convention in 2003. The Albanian state results that in 56 % of cases the plaintiffs are has approved the first and second periodical females and in 44% of cases the plaintiffs are report under the frame of CEDAW (The males. It results from the data, women in a report of Albania is date May 23, 2002 and is higher percentage than men are initiators in considered as combined report of initial and the processes of dissolution of marriage, in second report-no. CEDAW/C/ALB/1-2 and cases when it faces concern problems. is analyzed from CEDAW Committee in its Which are the reasons? 28th session in January 2003) and also has At first, the concept of individuals on approved the third national report under the marriage is changed. A marriage which has

1 Constitution of the Republic of Albania. 2 “The Republic of Albania implements the international right, obligatory for it.”, article 5 of the Constitution, Law no. 8417, dated 21.10.1998 “Constitution of Republic of Albania”, changed. 3 Family Code, article 1. 4 Ministry of Justice, (2011), Statistical Yearbook, Tirana : www.justice.gov.al. Social Studies  Vol. 6  No. 1  107 

Table 2. Gender of the plaintiffs

Plaintiff Number of cases In percentage

Female 28 56 % Male 22 44 % TOTAL 50 100 % lost the meaning for different causes has no object of monitoring from 01.06.2007 till reason to continue. 30.04.2008 respectively from 30.04.2008 Secondly: it is linked with the fact that till 01.06.2009. Referring to the official data women are the most violated member of of the General Police Department, 2008- the family. This is one of the reasons why 2010, it results that domestic violence is a the violated women ask the dissolution of form of crime with “gender” nature, in 81 marriage in the court, in this percentage. It is % the victims are women/girls and in 19% one of legal causes for dissolution of marriage the victims are men. referred to the article 1325 of the Family “Domestic violence is mainly exercised Code, “Dissolution of marriage with the by spouses (men). From the data of three request of one of the spouses”. This finding last years, it results that spouses (women) is stemming from the continues monitoring violated from their spouses (men) are 62% reports of the Center for Legal Civic of the total number of the victims in family Initiatives on the enforcement of the Law relations, denounced and identified by police no.9669, dated 18.12.2006, “On measures structure”, according to offical data of the against violence in family relations”.6 General Police Department, 2008-2010. Thus, in 93.34 % of the monitored It was envisaged, for the first time in the decisions during the period of time from article 62 of the Family Code that the violator 01.06.2009 till 01.06.2010, the plaintiffs are spouse may be removed from the conjugal women and in 6.6% of the cases the plaintiffs domicile.The Code introduces a number are men. The data show that the woman of new provisions that directly protect the remains still the most violated member in rights of abused spouse. It makes a legal base family relations, demonstrating at the same attached to the Constitution of Republic time that the violence against women is an of Albania, the conventions ratified by the expression of the power of men above them Albanian state and the specific administrative and the other family members.7 civil law no.9669, dated 18.12.2006, ‘On This is also confirmed in the previous measures against violence in family relations” monitoring reports of the Centre for for violated members of the family to be Legal Civic Initiatives during the period protected from violence.

5 Either spouse can request the dissolution of marriage when, due to continuous quarrels, maltreatment, severe insults, adultery, incurable mental illness, lengthy penal punishment of the spouse or due to any other cause constituting repeated violations of marital obligations, a joint life becomes impossible and the marriage has lost its purpose for one or for both of the spouses. 6 Please visit www.qag-al.org 7 Anastasi, A, & Saraci, B. & Bozo, A. (2011) “Implementation of the law “on measures against violence in family relations”, The monitoring of the decisions of the Court of the Juridical District of Tirana for issuing warrants for protection /the immediate warrants of protection as well as of the cases of the victims of violence in family relations supported by free legal assistance from the Centre for Legal Civic Initiatives (LCI). Monitoring period: 01.06.2009-01.06.2010, Tirana: www.qag-al.org.  108  Social aspects of violence in family

Thirdly, it is linked with increasing the was created. The effects of the feminization level of awareness of women not to accept of the poverty are clear in this case. violence in marriage and/or family relations. Reports of NPOs and state organs support L.K, a woman who thought her marriage this finding. The data on gender of the was ended said: “it would be very good plaintiffs shows an increasing number of men if my husband will initiate the process of as plaintiffs in the court cases, with the object divorce, thus he would pay the judicial taxes dissolution of marriage. The answer of this and psychologist, which is a sum of money, fact is explained by the victims of domestic unaffordable for me”. violence, interviewed clients of CLCI. This is linked with economic problems. The access The structure of power is evident in of the individuals in the justice system has as this statement. This structure will be evident barrier the cost of the process. The cost of in the whole process of deciding on the the judicial process is increased. dissolution of marriage, custody and alimony. The Guideline no.991/3, dated It would be evident in the cases of protection 02.03.2010 “For a change in the Guideline orders issued for these parties, in the same no.13, dated 12.02.2009, “For the definition time, by the court. of the service tariff for actions and services of Regarding the age, from 50 monitored the judicial administration, Justice Ministry, cases, in 28 of them, plaintiffs are females. Prosecutors ‘office, Notary Service and the In 35.7% of cases they belongs in the age Office for registration of the real estate” group 20-30 years old; in 32.2% of cases increases the judicial tariff and put poor and they belongs to the age group 40-50 years marginalised women and girls in a socio- old and in 25 % of cases they belongs to the economic unfavourable position. age group 30-40 years old. According to this guideline, the judicial taxes to submit a request for the court with Table 3. The age of plaintiff (f) the object the dissolution of marriage cost 9000 lek. Other costs are attached this too. Age group In percentage On the other side, based in the Family Code8, the judge has the obligation to call 20 – 30 years old 35.7 % a psychologist or a social worker to assess 30 – 40 years old 25 % the situation through a report, prior the 40 – 50 years old 32.2 % judge to decide with a temporary or final 50 – 60 years old 7.1 % decision on the way of exercising the parental TOTAL 100 % responsibility, the right of visit or letting the child to one of the spouses. The cost of the The highest percentage of cases belongs psychologist or social worker in these cases to the age group 20-30 years old. The first is from the low sum of 15.000 lek to a high years of marriage are years which put its sum of 40.000 lek. parameters of love, understanding, respect, Poor and marginalized women are not feelings, etc in prove. able to suffer the cost of the judicial process, Regarding the number of children, it which makes a burden for them and do not results that in the highest percentage of cases motivate them on asking for their legal rights. in 34 % the spouses have two children; in 30 It lets women in the circle of violence and in % of cases the spouses are with one child; a marriage that has lost the meaning why it in 22 % of cases the spouses do not have

8 Family Code, article 155. Social Studies  Vol. 6  No. 1  109 

Table 4. Number of children

Number of cases In percentage

Without children 11 22 % 1 child 15 30 % 2 children 17 34 % 3 children 2 4 % 4 children 1 2 % 5 children 1 2 % No data 3 6 % Total 50 100 % children. It is evident from the data that victims. Referring to the official data of the with increasing the number of children, the Interior Ministry, cases of the requests for percentage of the spouses asking the divorce urgent protection orders and/or protection is decreasing. Interviewed Women explained orders in family relations are increased. to me that they are faced with the actual In the table below, are reflected the family problems for years but thinking about statistics on the number of domestic violence the children made them not to ask divorce. denunciations done in the police structures, Problems accompany the spouses without in the last six years, referring to the official children. In this percentage are included data of the General Police Department, spouses in the first years of marriage and 2008-2010. (Table 5). These data speaks and spouses who have not finalized yet having do not need comments. The prevalence of children. (Table 4). domestic violence continues to be a concern From the monitored cases and interviews issue and on the other side the data are closely it results that domestic violence is a concern linked with increasing of the awareness of the issue, in 57.1 % of cases. community to denounce domestic violence Legal remedies on protection from and not accept it in family life. violence in family relation exist. The Other problems identified from knowledge on them is increased. The monitoring and interviwes are: abuse with law no.9669, dated 18.12.2006, ‘On alchool in 7 cases; removal of the spouse from measures against violence in family relations” the dwelling place in 4 cases; emigration of guarantees legal protection for all the one of the spouses in 6 cases; expenditure of members of the family who are victims the income in gambling in 3 cases; problems of domestic violence, devoting a specific of the mental health of the spouse are present attention to children, elder people and in 2 cases; and abuse with drugs is present disabled persons. Two are the main remedies in one case. In the monitored court decisions this law provides urgent protection orders results that in 5 cases the jealousy is present and protection orders which includes a and in 2 cases the spouse has passed the night number of urgent measures to protect out of the dwelling place.

Table 5. Number of children

year 2005 year 2006 year 2007 year 2008 year 2009 year 2010

94 204 274 822 1217 1998  110  Social aspects of violence in family

Graf no. 1 Emigration of one of the spouses economic violence, and combined forms continues to make a social problem with of violence. which is facing the Albanian family, especially It results that spouses are not expressing new families. It leads to other problems, as lack on facing the sexual violence in marriage. The of communication, lack of affection, creation table below presents a high percentage of the of new de facto marriage, non fulfillment assisted violence, which is a form of violence of the parental and family responsibilities, not linked with the direct involvement in a etc. The above data in the table no.6 shows violent scheme but with the presence in a clearly the need to undertake measures and violent scheme in which are involved other to establish programs for rehabilitation of the members of the family. Children and elder individuals who abuse with alcohol, drugs, people are the most violated members of a more effective addressing of the problems the family faced with assisted violence. The with which are faced the persons with mental presence of the psychological violence is high health problems, violent individuals, etc. which reflects not only the prevalence of this The present forms of the violence in the form of violence in family relations but also monitored court decisions and presented the increasing of awareness to speak about in the interviews are: physical violence, it and not to accept it. Different forms of psychological violence, assisted violence, domestic violence do not stay alone; they are

Table 6. “The reasons” of dissolution of marriages

Number of cases In percentage

Drugs abuse 1 1.4 Alcohol abuse 7 10 Mental health problems 2 2.8 Expenditure of the income in gambling 3 4.2 jealousy 5 7.1 Domestic violence 40 57.1 Passing the night out of the dwelling place 2 2.8 Emigration of one of the spouses 6 8.5 Removal from the dwelling place 4 5.7 Social Studies  Vol. 6  No. 1  111  combined with each other in the combined and meeting with the children during this form of violence. time up to the court decision, issues of the devision of the spousal properties, the lack of Table 7. Forms of violence in family relations comunication, violence in all its forms, etc. Not being able to manage these problems Form of violence In percentage make the violence to be often a way of “communication”, even the consequence of Physical violence 4.3 the dissolution of marriage. Psychological violence 17.3 Assisted violence 34.7 The interviwed victim L, said: “When I Economic violence 4.3 told to my spouse that it is no possible to Combined violence 39.1 continue our life and marriage and I will ask the dissolution of marriage in the court, he Some of the identified specific forms of started to consume alchool and to exercise the violence in family relations are: failure violence on me approximately each night.” of the spousal and parental responsibilities, violence exercised in the presence of children, Interviwed cases are example of the the lack of affection, interruption of living bad managing of the problems by spouses together, relations outside the marriage, lack in the process of divorce. The cases reflect of communication, destroying household how difficult is for parties to accept the furnishings, different perceptions for life and divorce in some of the cases and as a result living way, disputes because of the health comes bad managing which lead to conflicts problems of one of the spouse, lack of respect, and violence. deprivation of liberty to communicate with her relatives and spouse relatives. In a project aggrement between two spouses These specific forms of violence in (P.C and S.C) in the proces of divorce it is family relations shows clearly other reasons foreseen that spouses will share the floors underneath of divorce as unemployment, of the dwelling place but with a condition economic problems, emotional problems, that the wife have not to co live with etc. The interviewed victim H explained that: another partner. If the mother of children, “I am facing with stalking. He accompanies is written in this project agreement will be me everywhere I go”. It is a specific form married or colive with another partner, she of violence with strong psychological will not exercise the parental responsibility consequences and needs to be addressed. on upbringing and education of children. Father will exercise it. Tirana Judicial Domestic violence as a consequence of District court refused to approve this the dissolution of marriage agreement as illegal act.

Domestic violence is not only reason The official data from the General Police for divorce but also a consequence of Department, 2008-2010, regarding the divorce. The fear from divorce make one of civil status of the victim of violence shows the spouses to exercise violence and to use that in the highest percentage of cases, the violence as a tool to keep the family with each violence is exercised by spouses, attended price. On the other side, the dissolution of by ex spouses in 12.3 % of cases. (Table 8). marriage is a delicate process. It accompanies This conclusion is stemmed from the with many problems as issues of wellbeing, monitoring reports of the Center for Legal care and upbringing of children, relations Civic Initiatives too. Ex spouses are in the  112  Education and teaching in the perception of albanian citizens

Table 8. Civil status of the victim

Year 2008 Year 2009 Year 2010 Sum of three years Percentage single 203 102 180 485 12% Married 499 775 1496 2770 68.6% Divorced 84 211 203 498 12.3% Cohabitant 22 98 77 197 4.8% widow 14 31 42 87 2.15% sum 822 1217 1998 4037 ------second position of the violated members of measures. Violence in family relations is the family9. Thus this time of the process a cause of divorce and consequence of of divorce needs to devote communication dissolution of marriage, too. Thus this time from both of the spouses and all members of of the process of divorce needs to devote the family. All actors responsible need to be a specific attention. Abuse with alcohol very attentive in this process. Professionals and drugs, mental health problems are of the justice system have to know the social very complicated problems with effects problems, their reflection in the unit of in dissolution of marriage and makes it family and to find the proper response on hard for all the members of the family. their legal addressing. Their addressing needs rehabilitation programs and multi components addressing. Conclusions and suggestions Emigration continues to produce effects in the marriage, communication of spouses, Violence against women, especially affection, and relation with children, etc. violence in family relations continues to be All these arguments are not only linked with a concern problem for the Albanian society, individuals in the marriage and family. The which needs to be addressed through proper Albanian state is responsible in this level too, and effective legislation, policies and other to protect marriage and family from violence.

LITERATURE:

Law no. 8417, dated 21.10.1998, “Constitution “Implementation of the law “on measures of Republic of Albania”, changed. against violence in family relations”, The European Convention for Human Rights [ratified monitoring of the decisions of the Court of with law no. 8137/31.7.1996]; the Juridical District of Tirana for issuing CEDAW Convention and its Optional Protocol; warrants for protection /the immediate Council of Europe Convention on preventing warrants of protection as well as of the and combating violence against women and cases of the victims of violence in family domestic violence. relations supported by free legal assistance Family Code, law no.9062, dated 8.5.2003, from the Centre for Legal Civic Initiatives article 62, 132, 155, etc; (LCI). Monitoring period: 01.06.2009- The law no.9669, dated 18.12.2006, “on measures 01.06.2010, Tirana: www.qag-al.org . against violence in family relations”; Website: www.justice.gov.al. Anastasi, A, & Saraci, B. & Bozo, A. (2011) Website: www.qag-al.org

9 www.qag-al.org Social Studies  Vol. 6  No. 1  113 

ABOUT BALKAN SOCIOLOGICAL FORUM (BSF)

BSF is established on 22nd of November 2011, in Albanian University of Tirana- Albania. BSF is an Association of Collective Members, composed by the National Sociological Associations of Balkan Countries, Regional Associations inside Countries, research institutions, and Universities or its faculties/departments. BSF is opened for the organizations and institutions of sociologists and other social sciences, regardless of their school of thought or scientific approaches.

The main BSF objectives are:

Advancing sociological knowledge in Balkan, to support and strengthen the free development of sociology in cooperation with similar associations of social scientists; Establishing permanent cooperation between the existing National Sociological Associations, sociologists and other social scholars of Balkan region; Promoting National Associations (NAs) of Sociology and other social sciences in Balkans; Promoting the development of sociology and other social sciences in this region, Stressing the disciplinary identity, and the intellectual tradition of sociology and other social sciences; Identifying the common problems of Balkans countries and developing supra- national research networks; Making sociology and social sciences more visible to policy makers of Balkans countries; Improving communication among sociologists and other social scholars of Balkan countries; providing a more substantial cooperation between associations, institutions and networks of Balkans countries; secure and develop institutional and personal contacts between sociologists and other social scientists throughout the Balkans; exchanging information, studies, databases, scholars, students etc.; having spaces in journals, newsletters, websites etc., for advertising the activities of each other; Organizing the Annual Balkan Sociological Forum, or the BSF Annual Conference, by turn in each country;

The Representative Council

The Representative Council of BSF represents the collective members within BSF; The Representative Council of BSF shall be composed of:

Social Studies 2012, 1 (6): 113-118  114  About Balkan Sociological Forum (BSF)

(a) Two national representatives for each National Association regular member of BSF; (b) One representative from each of the other members of BSF such as: Regional Associations inside Countries, research institutions and Universities (or their Faculties/Departments); Each affiliated member may have one representative in the Representative Council will the right to participate, but not to vote;

The President and the Vice-President of BSF

The BSF President and the Vice-President represent the BSF both internally and externally.

President of Balkan Sociological Forum (2011-2012) Lekë Sokoli Executive director of Albanian Institute of Sociology E-mail: [email protected]; [email protected];

Vice-President of Balkan Sociological Forum (2011-2012) Svetva Koleva President of Bulgarian Sociological Association E-mail: [email protected];

2nd Balkan Sociological Forum: Sofia-Bulgaria, 16-17 November 2012

STATUTES OF THE BALKAN SOCIOLOGICAL FORUM (BSF)

Introduction

The Statutes were originally adopted at the Constituent Meeting held in Tirana- Albania, November 22nd, 2011 where the BSF was formally established.

Article one: the BSF Purposes

1.1 The Balkan Sociological Forum (BSF) is an Association of Collective Members, composed by the National Sociological Associations of Balkan Countries, Regional Associations inside Countries, research institutions, and Universities or its faculties/ departments. 1.2 BSF is opened for the organizations and institutions of other social sciences. 1.3 BSF is opened for the organizations and institutions of sociologists and other social sciences, regardless of their school of thought or scientific approaches. Social Studies  Vol. 6  No. 1  115 

Article two: the Objectives of BSF

2.1 The goal of the BSF is to advance sociological knowledge in Balkan, to support and strengthen the free development of sociology in cooperation with similar associations of social scientists; 2.2 Establishing permanent cooperation between the existing National Sociological Associations, sociologists and other social scholars of Balkan region; 2.3 Promoting National Associations (NAs) of Sociology and other social sciences in Balkans; Promoting the development of sociology and other social sciences in this region, Stressing the disciplinary identity, and the intellectual tradition of sociology and other social sciences; 2.4 Identifying the common problems of Balkans countries and developing supra- national research networks; Making sociology and social sciences more visible to policy makers of Balkans countries; 2.5 Improving communication among sociologists and other social scholars of Balkan countries; providing a more substantial cooperation between associations, institutions and networks of Balkans countries; secure and develop institutional and personal contacts between sociologists and other social scientists throughout the Balkans; exchanging information, studies, databases, scholars, students etc.; having spaces in journals, newsletters, websites etc., for advertising the activities of each other; 2.6 Organizing the Annual Balkan Sociological Forum, or the BSF Annual Conference, possibly by turn in each country;

Article three: the Members of BSF

3.1 BSF is an organization of collective members, either regular or affiliated; 3.2 Regular collective members shall be countrywide sociological associations of Balkan Countries, Regional Associations inside Countries, research institutions and Universities (or their departments); 3.3 Affiliated collective members shall be countrywide associations of Balkan Countries, Regional Associations inside Countries, research institutions and Universities (or their departments) of other social sciences; 3.4 Regular and affiliated collective members shall be admitted to membership by a decision of the BSF Representative Council; 3.5 All members shall respect the principles upon which the BSF is founded, and contribute to its purposes;

Article four: the Representative Council

4.1 The Representative Council of BSF represents the collective members within BSF; 4.2 The Representative Council of BSF shall be composed of: (a) Two national representatives for each National Association regular member of BSF; (b) One representative from each of the other members of BSF such as: Regional Associations inside Countries, research institutions and Universities (or their Faculties/Departments);  116  About Balkan Sociological Forum (BSF)

4.3 Each affiliated member may have one representative in the Representative Council will the right to participate, but not to vote; 4.4 A quorum of at least one half the members is necessary for the Representative Council of BSF to reach decisions. Decisions shall be taken by a majority vote of those present and voting (including electronic voting or voting in postal ballots); 4.5 The Representative Council of BSF shall normally meet at every the Annual Balkan Sociological Forum (or Conference); 4.6 If it is necessary, but not possible to organize a meeting of the Representative Council between regular annual meetings, the President or the Vice-President of BSF may initiate electronic ‘meetings’ of Representative Council and decisions may be taken by electronic votes.

Article five: the President and the Vice-President of BSF

5.1 The BSF President shall legally represent the BSF both internally and externally, and shall have general responsibility for the activity of BSF during its presidency, for the implementation of the policy of BSF and for supervision of the activity of the BSF Secretariat. S/he shall chair the meetings of the Representative Council; in his/her absence, the meeting will be chaired by a Vice-President; 5.2 As a rule, the President of BSF would be from the organizer country of the Annual Forum/Conference; 5.3 As a rule, the Vice-President of BSF would be from the country of the next Annual Forum/Conference; 5.4 The Vice-President is the Head of the Organizing Committee of the next Balkan Sociological Annual Forum/Conference; 5.5 The same person can not be the President or Vice-President of BSF for more than one year (from one to the next annual meeting of Representative Council); 5.6 Normally the Vice-President of one year would be the President of the next one.

Article six: Elections and Nominations

6.1 The members of Representative Council shall be elected (or nominated) by the Collective members of BSF; 6.2 Each National Association, regular member of BSF, shall elect from its members, the representative(s) for the Representative Council of BSF; 6.2 The BSF Secretary or a member of BSF Secretariat cannot be at the same time member of the Representative Council. The Secretary of BSF can participate in the meetings, but can not vote for its decisions; 6.4 The Representative Council elects each year the President and the Vice- President of BSF.

Article seven: the Annual Balkan Forums/Conferences

7.1 BSF organizes its Annual Balkan Sociological Forum (or the BSF Annual Conference), normally by turn in each country; 7.2 The location of each Annual Balkan Forum/Conference shall be chosen by the Representative Council at least one year before it is due to be held, based on Social Studies  Vol. 6  No. 1  117 

proposals of BSF collective members; 7.3 The choice of the Country for organizing the annual Balkan Sociological Forum shall give due attention to the need for diversity of locations over time, as well as to local organizational resources and physical capacity; 7.4 An ‘ad hoc committee’ headed by the Vice-President of BSF would be formed by the Representative Council for organizing the annual forum/Conference, at least one year before its held.

Article eight: BSF Secretary (or Secretariat)

9.1 The Representative Council may nominate a Secretary of BSF, or its Secretariat. For the first year (up to the 2nd Balkan Sociological Forum of 2012), the initiative group of BSF (founding member representatives) will function as its secretariat; 9.2 The Secretary of the BSF shall normally be appointed for a four-year term; the term is renewable without limit. S/he shall be in charge of the administrative and financial affairs of BSF; 9.3 The Secretary (or Secretariat) in consultation with the Vice-Preside, shall present to the Representative Council the annual financial report (from one to next annual Forum/Conference); 9.4 The location of the Secretariat’s office shall be determined by the Representative Council. For the first year (up to the 2nd BSF Meeting of 2012) the location of the BSF secretariat will be the offices of Albanian Institute of Sociology, Tirana- Albania.

Article nine: Financial Sources and Responsibilities

8.1 The Financial Sources of BSF are based on the volunteer Contributions of its Collective members, and every other legitimate financial supports; 8.1 The BSF Secretary (or Secretariat) shall be in charge of the financial affairs managing of the BSF.

Article 10: Amendments to the Statutes

10.1 The Representative Council has the right of amendments to the Statutes of BSF; 10.2 The amendments to the Statutes of BSF may be only in Representative Council regular meeting; 10.3 Proposals for amendments to the Statutes may be made by each member of BSF and must reach the BSF Secretary (or Secretariat) at least three months before the Annual Meeting; 10.4 The BSF Secretary (or Secretariat) informs the Representative Council of the proposals received, and shall subsequently circulate them by appropriate means among all the members of the Representative Council;

BSF Founding Members Albanian University, Tirana-Albania 22 November 2011  118  About Balkan Sociological Forum (BSF)

Founding members of BSF:

Albanian Institute of Sociology Bulgarian Sociological Association Croatian Sociological Association Sociological Association of Macedonia Albanian University, Tirana-Albania; FON University, Skopje-Macedonia Sofia University “St. Kliment Ohridski”, Bulgaria University of West Macedonia, Greece; National School of Political Studies and Public Administration, Bucharest- Romania; University of Athens, Greece; Institute of Survey Research, Bucharest- Romania; South East European University, Tetovo-Macedonia University Victory, Kosovo University of Peloponnese, Greece State University of Tetovo-Macedonia; Marin Barleti University, Faculty of Social Sciences, Tirana-Albania

Founding Representative Council of BSF

Ognjen ČALDAROVIĆ, Croatian Sociological Association President Krešimir ŽAŽAR, Croatian Sociological Association Secretary Marija DIMITROVSKA, Secretary of the Sociological Association of Macedonia Ilcho NESTOROVSKI, the Sociological Association of the Republic of Macedonia Enis SULSTAROVA, the President of Albanian Institute of Sociology; Gorgi TONOVSKI, FON University, Skopje, Macedonia Evangjelia KALERANTE, University of West Macedonia, Greece; Marina DALLAS, University of Athens, Greece; Ali PAJAZITI, South East European University, Tetovo-Macedonia Gjon BORIÇI, Albanian University, Tirana-Albania; Cristina GHIŢĂ, Institute of Survey Research, Bucharest- Romania; Bogdana HUMĂ, University of Bucharest – Romania; Laura TUFĂ, Romanian Academy of Sciences; Simeon NIKOLIDAKIS, University of Peloponnese, Greece Fotini ANASTASOPOULOU, University of Peloponnese, Greece; Sunai RAIMI, State University of Tetovo; Eurona LEKA, Marin Barleti University, Faculty of Social Sciences, Tirana-Albania

President of Balkan Sociological Forum (2011-2012) Leke Sokoli, Executive director of Albanian Institute of Sociology

Vice-President of Balkan Sociological Forum (2011-2012) Svetla KOLEVA, the President of Bulgarian Sociological Association Social Studies  Vol. 6  No. 1  119 

Second Annual Conference of the Balkan Sociological Forum

“Close but Unknown Neighbors: Balkan Sociological Perspectives”

16-17 November 2012 Sofia, Bulgaria

IS FOUNDED HERE: 22 November 2011 ALBANIAN UNIVERSITY

ALBANIAN UNIVERSITY UNIVERSITAS FABREFACTA OPTIME UNIVERSITETI I BERATIT Aty ku lindin idetë! UNIVERSITAS FABREFACTA OPTIME

SPECIALIZIME NË STOMATOLOGJI Dentistri - endodonti Implantologji Kirurgji oro-maksilo-faciale Ortodonti Dentistri pediatrike Protetikë (prosthodonti) Kirurgji orale Periodontologji DIPLOMA “BACHELOR” Shkenca juridike Shkenca politiko-administrative Shkenca komunikimi Psikologji e përgjithshme Anglisht/Mësuesi Stomatologji/Infermieri/Farmaci Fizioterapi/Arkitekturë Teknologji informacioni/Inxhinieri mekatronike Inxhinieri elektronike/Inxhinieri kompjuterike Inxhinieri elektrike/Inxhinieri ndërtimi Design/Financë-bankë/ Administrim biznesi/Marketing STUDIME “MASTER PROFESIONAL” Marrëdhënie ndërkombëtare dhe diplomaci Qeverisje dhe administrim publik Studime mbi sigurinë/E drejtë private Shkenca penale/Psikologji klinike Pedagogji me profil “Didaktikë” DIPLOMA “BACHELOR” Pedagogji me profil “Menazhim arsimi” Shkenca juridike/ Shkenca politike Menazhim financiar dhe bankar/Administrim biznesi Psikologji e përgjithshme/Anglisht Mësuesi/Infermier/Teknologji informacioni STUDIME “MASTER SHKENCOR” Inxhinieri kompjuterike/Inxhinieri elektrike Stomatologji/Farmaci/Arkitekturë/ Financë-bankë/Administrim biznesi Menazhim bankar/Administrim biznesi Marketing/Design/Fizioterapi Shkenca juridike Marrëdhënie ndërkombëtare (2 profile: studime TUDIME ASTER PROFESIONAL evropiane, gjeopolitika dhe marrëdhëniet në rajon) S “M ” Administrim publik (2 profile: politika publike dhe Infermieri kirurgjikale/Shkenca penale qeverisje, politikat publike & Bashkimi Evropian) E drejtë private Psikologji klinike Marrëdhënie ndërkombëtare dhe diplomaci Shkenca komunikimi (3 profile: marrëdhenie me Qeverisje dhe administrim publik publikun dhe marketing, drejtim dhe menazhim i Studime mbi sigurinë/Psikologjia klinike mediave, gazetaria ndërkombëtare) Pedagogji me profil “Didaktikë” Adresa: Albanian University, Korpusi qendror: Adresa: Universiteti i Beratit, Lagja “30 Vjetori”, Berat. Pedagogji me profil “Menazhim arsimi” Bulevardi Zogu I I-rë,Tiranë, Tel. + 355 4 2271601/602 Tel. + 355 32 2 37388, e-mail: [email protected] Administrim biznesi www.albanianuniversity.edu.al www.universitetiberat.com Menazhim financiar dhe bankar