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National Association of Reserve Military on the 25th anniversary of its establishment
Written by N/KOL(R) Hekuran Bajrami* 8 Prill 2021
April 8, 2021 marks 25 years since the formation of the National Association of Military Reserves of Albania (SHKURSH). Already this association has gone down in history. We must say that it is one of the most dignified and quality associations in the country. It includes in its membership all the army cadres released, reserve and retired and with its branches extends to all regions of the country and Greece, Italy and USA. Its membership includes all professions from doctors and journalists, engineers and financiers, diplomats and specialists of all types of weapons and services to politicians. Above all, in this association there is no rumor before the 90s and during these years of democracy.
SHKUR of Albania is distinguished from other associations for the fact that its program itself is not only to protect the economic rights of the military, but is also an integral part and contributes to national security and integration into the European Union on the basis of an agreement and authorization that has with the Ministry of Defense and the General Staff of the Army being an integral part and full member of the Inter-Allied Confederation of NATO Reserve Officers (CIOR).
It should be noted that the work and activity of SHKURSH and its governing bodies to sanction by law and protect economic rights has occupied the most time throughout this 25-year period.
It is true that in the framework of the reforms that were undertaken in our country, including the army, that in 1991 the Parliament approved the Military Status, which had defined, among other things, the formula of early retirement pension for the retired military. exemption from the reform which was not implemented, but was treated financially with a DCM No. 225 dated 10.01.1996 where as a result of non-payment of social security officers retired in old age, with a minimum pension. The worst was that in January 1966 the DCM No. 225 was repealed on 20.05.1992 and the financial treatment of the military was terminated even though it met with status. Later, law no. 8087 dt. 13.03.1996 for early pensions, but surprisingly two absurd conditions were set there not taking into account the Military Status,
The massive reform in the army took place one year after the status was approved and consequently those who had 25 years of work did not have three years of status and those who had three years of status did not have the age of 25 years of work, as a result no one benefited from 1 January 1996 until 31 December 1998. It was in these conditions and circumstances on 8 April 1996 that SHKURSH was formulated as a necessity to protect the economic and financial interest of the military.
With the war and the efforts of the Association from the institutional ones to the protests, in July 1999 the law 8521 dt was approved. 13.03.1996 and received early retirement for service seniority and supplementary old age pension about 12 thousand military.
This was an achievement of the National Reserve Military Association, but not enough. We say this because of the fact that the formula set out in the law was misinterpreted and applied, which the military has suffered all these years, despite the fact that many of them have won it through court decisions.
Behind these achievements for the military were two major problems. The first was that not all retired servicemen before the status came into force were treated with Status. But on the other hand the early pension was really earned and it was called seniority and the contributions were paid by the state but they were paid for the minimum wage and as a result they retired to the minimum pension. Here was focused the work of the Association in all forms during the years 2000 - 2004 when the Parliament approved the law no. 9210 dt. 23.09.2004 Improved military status where it was acquired by the military released before 1992.
A year later, the law No. 9418 dt was approved. 25.05.2005 on supplementary pensions based on Military Status which determined that the time of treatment with early retirement was not only considered seniority but contributions were paid for reference salary and no longer as minimum wage as in the previous law. This made it possible to achieve a financially acceptable treatment for the military that emerged from the Liberation Reform, not that NATO standards were met, but given the conditions of our country there was an improvement in their treatment.
Unfortunately, it was not said that these improvements would find solutions in practice. This is because after the Parliamentary Elections of 2005 instead of the government that came to power to issue legal acts for the implementation of law 9418 dated 25.05.2005 which entered into force on 01.01.2006 presented and approved in Parliament some amendments to the law in question. through law No. 9481. In this law, while the determination of the early pension was trumpeted with a ceiling according to the rank in it, in article 17 it was said that this law benefits the military who are released from this moment on and all others continue to be treated by law 8087, dt. 13.03.1996.
SHKUR did not agree with these amendments because the military was divided into two unequal groups before the law and appealed it to the Constitutional Court. But even though the trial was won in the Constitutional Court with decision no. 9 dt 26.02.2007 it was not implemented but dragged on for two and a half years.
As a result of the comprehensive work of SHKUR from the institutional ones to the strong protests, it was achieved that the Government approved the law 10142 dated 20.05.2009 which worsened the law no. 9418 violating the principle of legal certainty where a law can not become worse than the first.
SHKURSH also appealed this law to the Constitutional Court and again won the trial with decision No. 33 dt. 24.03.2010.
Pending the implementation of the law and the decision of the Constitutional Court, the policy and the government went even further by issuing and approving a normative act that was turned into law and replaced Article 14 of Law no. 10142 dt. 15.05.2005 He was further aggravated and opposed the decision of the Constitutional Court and Law 10142 dated 20.05.2005, which was approved. Despite our objections, the government did not waver in its stance, but continued its unconstitutionality in enforcing the law by exacerbating the military who were treated with early retirement for seniority.
After the 2013 elections where we support this alliance that is in power today, leaving you the right time, we have raised our concerns through the media and even institutionally through letters, various meetings with relevant institutions related to these issues.
Consequently, a decision was taken to terminate the debit imposed on the military in violation of the decision of the Constitutional Court as a result of the delayed recalculation of early pensions. At the same time, the money unjustly held for 5200 servicemen from November 2016 to May 2017 was returned.
Pjesë e rëndësishme e kontributit të SHKUR janë edhe arritjet e saj në fushën e integrimit Euroatlantik. Fillimisht SHKUR mori informimin e nevojshëm mbi CIOR si dhe masat që duheshin marrë dhe dokumentet që duheshin përgatitur se edhe pranimi në të bëhej gradualisht nëpërmjet statuseve: mik, vëzhgues dhe asocues, ndërsa anëtarësimi në të me të drejta të plota kushtëzohej me pranimin në NATO të vendit tonë.
Pas një pune të gjithëanëshme të SHKUR u bë e mundur që më dt. 27.07.2002 në mbledhjen e Komitetit Ekzekutiv të CIOR-it shoqata jonë pranohet vëzhgues në Konfederatën Ndëraleate të Oficerëve në Rezervë të NATO-s në Strasburg të Francës. Në vitin 2005 në mbledhjen e radhës SHKUR të Shqipërisë u pranua asocues në CIOR. Në vazhdim SHKUR mori pjesë në të gjitha veprimtaritë që zhvillonte konfederata.
Pas pranimit të vendit tonë në NATO në 2009 shoqata jonë në kongresin e Bukureshtit të CIOR-it më 5 Gusht u pranua anëtare me të drejta të plota. Theksojmë se pas dy viteve SHKUR të Shqipërisë dhe vendi ynë u bë pritës i të gjitha vendeve anëtare të NATOS ku këtu ne Tiranë u organizua një Workshop me temë për organizimin dhe përgatitjen e forcave rezerviste ku morën pjesë të gjitha vendet e NATOS nga Kanadaja e SHBA deri në Turqi. Kjo veprimtari tre ditore në Tetor të 2011 me vendet anëtare te CIOR-it ishte një nder për vendin tonë, për forcat tona të armatosura dhe një aktivitet i rëndësishëm ndërkombëtar për SHKUR të Shqipërisë.
Në këtë kuadër me rëndësi kanë qenë dhe veprimtaritë e përbashkëta që ka bërë SHKUR me vendet fqinje si Italinë, Maqedoninë, Bullgarinë, Malin e Zi etj.
Për rrjedhojë SHKUR të Shqipërisë është bërë një faktor i rëndësishëm, një urë lidhëse për integrimin e vendit tonë në Bashkimin Europian e cila duhet të vlerësohet edhe më shumë nga Ministria e Mbrojtjes dhe çdo qeveri që vjen në pushtet.
Në veprimtarinë e saj shoqata ka zhvilluar shumë aktivitete kushtuar datave të shënuara në historinë e vendit. Jo vetëm kap, por në mënyrë të vazhdueshme llojet e armëve e shërbimeve kanë kryer aktivitete kushtuar datave historike të krijimit të tyre dhe është përgjithësuar eksperienca pozitive për të përcjellë e çuar më tej përvojën në Forcat e Armatosura në interes të mbrojtjes së vendit. SHKURSH ka përjetuar e përcjellë me shqetësim disa ngjarje për vendin tonë. Ajo ka mbajtur qëndrim real, objektiv e të paanshëm për këto ndodhi siç janë ngjarjet e vitit 1997 e cila pasqyrohet në librin e z. Kol Ndreka “Përballë padrejtësisë” apo për ngjarjen e Gërdecit, 21 Janari etj për të cilat kanë ndikuar për një analizë objektive, nxjerrjen e përgjegjësive dhe sidomos për mësimet që duhet të nxjerrim pas këtyre ngjarjeve negative.
In this way, the work and activity of the Association has been wider and more comprehensive for the life of the country, the democratic developments, contributing why not for the European integration. In the future, based on the experience gained, SHKUR is and will remain a lawyer and defender of the rights of the military sanctioned in the Constitution, Military Status and relevant laws, will be a contributing member of the Inter-Allied Confederation of Reserve Officers of NATO- s and will promote the patriotic traditions of our country and people to further Democracy and the rule of law as well as to keep the military together in reserve and pension.
* Chairman of the SCR Steering Council of Tirana