See related documentsElection observation report
| Doc. 14392
| 04 September 2017
Observation of the parliamentary elections in Albania (25 June 2017)
Author(s): Ad hoc Committee of the Bureau
Rapporteur : Mr Paolo CORSINI,
Italy, SOC
1. Introduction
1. On 5 December 2016, President
of Albania Bujar Nishani called parliamentary elections for 18 June 2017.
At its meeting on 9 and 10 March 2017, the Bureau of the Assembly
decided, subject to receiving an invitation, to observe these elections
and to constitute an ad hoc committee for this purpose composed
of 30 members in accordance with the D’Hondt system (EPP/CD: 11,
SOC: 10, ALDE: 4, EC: 4, UEL: 1) and the two co-rapporteurs of the
Monitoring Committee. It also authorised a pre-electoral visit.
On 14 April 2017, Mr Ilir Meta, Speaker of the Albanian Parliament,
sent the Parliamentary Assembly an official invitation. The Bureau approved
the composition of the ad hoc committee and appointed Mr Paolo Corsini
(Italy, SOC) head of delegation at its meeting on 28 April 2017.
The list of members appears in Appendix 1. Following a political agreement,
details of which will be given in the next section, the elections
were postponed to 25 June 2017.
2. In accordance with the co-operation agreement signed between
the Parliamentary Assembly and the European Commission for Democracy
through Law (Venice Commission) on 4 October 2004, a representative from
the Venice Commission was invited to join the ad hoc committee as
an adviser.
3. A pre-electoral delegation went to Tirana on 1 and 2 June
2017 to assess the political situation, the electoral legislation,
the election campaign, the organisation of polling and the work
of the election administration. In a statement published at the
end of its visit, the delegation welcomed the political agreement reached
on 18 May between the leaders of the two main Albanian political
parties, enabling parliamentary elections to be held with the participation
of the main opposition parties. The delegation also urged all stakeholders
in the electoral process to work in good faith to ensure that the
independence of electoral and independent oversight and watchdog
bodies was preserved and strengthened, that the legal procedures
were followed and that a level playing field for all electoral subjects
was ensured throughout the process. The programme of the delegation’s
meetings and the text of the declaration are set out in Appendices 2
and 3.
4. The ad hoc committee was in Albania from 22 to 26 June 2017
to observe the parliamentary elections on 25 June. The ad hoc committee
operated as part of an International Election Observation Mission
(IEOM) together with delegations from the Parliamentary Assembly
of the Organization for Security and Co-operation in Europe (OSCE-PA),
the European Parliament and the electoral observation mission of
the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR)
that had been in the country since 9 May 2017. The programme of
the delegation’s meetings is set out in Appendix 4.
5. On polling day, the delegation of the Parliamentary Assembly
of the Council of Europe split into 12 teams which observed the
elections in Tirana and the surrounding areas, as well as in the
regions and municipalities of Kruje, Durres, Fier, Shkodra, Kavaja,
Elbasan, Vorë and Gjirokastra.
6. The Assembly’s ad hoc committee concluded that the candidates
were able to campaign freely and fundamental freedoms of assembly
and expression were respected. The continued politicisation of election-related
bodies and institutions, as well as widespread allegations of vote-buying
and pressure on voters, reduced voter trust in the electoral process.
At the same time, the Head of the Assembly delegation welcomed the
agreement reached by the leaders of the two main political parties
which made the election possible, and stressed that it was time
for Albania to move forward towards genuine democracy bound by the
rule of law. The press release by the IEOM is set out in Appendix 5.
7. The ad hoc committee wishes to thank the Albanian Parliament
and the Council of Europe Office in Tirana for the support provided
to the delegation, as well as the heads and members of the parliamentary delegations
of the OSCE-PA, the European Parliament and the OSCE/ODIHR observer
mission for their excellent co-operation.
2. Political context
8. The parliamentary elections
on 25 June were the tenth elections observed by the Parliamentary Assembly
in Albania since 1991. In the previous elections, the main problems
identified by the Assembly observers included the inaccuracy of
the voter lists; errors in vote counting and the entry of results;
misuse of administrative resources; shortcomings in the establishment
of election commissions; and allegations of vote-buying and of pressure
on public servants.
9. However, the main difficulty repeatedly criticised at the
previous elections was the extreme polarisation of the political
climate and the politicisation of State institutions,
at
all levels of the election administration. This is compounded by
long-standing distrust between the main political parties and leaders,
who regularly level abuse and accusations at one another. These
political tensions have on several occasions resulted in major demonstrations
and the
boycotting of parliament by the party in the minority at the time.
This situation, which has been going on for many years, hinders
the work of parliament in the process of the reforms needed for
the independence of the judiciary, the fight against corruption
and organised crime and electoral reform, which is currently at
a standstill. The Assembly delegation noted that this issue once
again was the major problem in these elections and had an impact
on the entire electoral process.
10. Since the collapse of the communist regime in 1991, politics
in Albania has been dominated by two parties: the Democratic Party
(DP) and the Socialist Party (SP). A third political force emerged
in 2004: the Socialist Movement for Integration (SMI) founded by
SP dissidents and led since its establishment by Mr Ilir Meta, who
was elected President of the Republic on 28 April 2017.
11. In spite of their deep-rooted hostility and animosity, the
government and the opposition succeeded in having the decriminalisation
law passed by parliament in December 2015 and agreed on the principles
of judicial reform with the unanimous passage of constitutional
amendments on 21 July 2016, which enabled parliament to undertake
comprehensive reforms.
12. In January 2017, the DP and 22 opposition parties declared
that the elections could not be democratic unless several conditions
were met: the establishment of a technical government until the
elections; electronic voting and counting and biometric voter identification;
“decriminalisation” of elections; reduction of election campaign
costs and harsher punishments for election-related offences; prohibition
of the use of administrative resources; fair access to the media.
13. From February 2017, the opposition parties held several demonstrations,
the DP boycotted parliament and announced that it would also boycott
the parliamentary elections initially scheduled for 18 June if its demands
were not met, while also calling for the resignation of the Prime
Minister. This deadlock brought the discussions concerning electoral
reform to a standstill and seriously jeopardised the holding of
the elections, especially since the opposition did not register
any candidates with the CEC by the deadline of 9 April 2017 laid
down by law.
14. During April and May, intense international mediation headed
by the European Union and the United States again sought to put
an end to the political deadlock. On 18 May, a political agreement
was reached between the leaders of the two main political parties,
the DP and the SP, to the surprise of many observers.
15. The agreement of 18 May laid down the following conditions:
- the establishment of a technical
government with seven ministerial posts for the opposition;
- the appointment of members of the opposition to head five
important State agencies and as heads of the Central Election Commission
and the office of the Ombudsman, contrary to the existing legislation,
which provides that the latter should both be appointed by parliament
on the basis of candidacies;
- the postponement of the elections to 25 June and the extension
of the deadline for the submission of candidacies to the CEC to
26 May 2017 for
parties, but not for electoral coalitions, which would therefore
no longer be able to register;
- changes to the Criminal Code to toughen the penalties
for electoral offences and to the Law on Political Parties so as
to limit campaign spending;
- continuation of judicial and electoral reform.
16. The Assembly’s pre-electoral delegation welcomed the political
agreement reached on 18 May between the leaders of the two main
Albanian political parties, enabling parliamentary elections to
be held with the participation of the main opposition parties, which
would provide voters with a meaningful variety of choices. At the
same time, the delegation noted with concern the strain put on independent
institutions and on the electoral process as a whole with regard
to the implementation of the agreement. Its discussion partners
voiced criticisms of the procedures followed by the parliament and
the Central Election Commission (CEC) respectively for the installation
of the new CEC Chair, the Ombudsperson and the late registration
of some political parties
3. Legal
framework and electoral system
17. The Albanian Parliament has
140 members who are elected for four-year terms. Members are elected through
a closed-list proportional representation system in 12 multi-member
districts that correspond to the country’s 12 administrative regions.
Only parties registered in their respective districts which win
at least 3% of the votes cast and coalitions which win at least
5% of the votes cast are allocated seats. Coalitions are made up
of political parties registered with the CEC. The allocation of
seats between coalitions and parties running separately is based
on the highest averages method (D’Hondt method).
Thereafter, seats are allocated
to the individual parties within coalitions using the Sainte-Lagüe
method.
18. Parliamentary elections are governed primarily by the Electoral
Code, which was adopted in December 2008 and amended in July 2012
and April 2015, as well as the 1998 Constitution. Other applicable
provisions include the instructions and decisions of the CEC, the
relevant articles of the Criminal Code and the following laws: Law
on Political Parties (2000); Law on Demonstrations (2001); Law on
Gender Equality in Society (2008); Law on Audiovisual Media (2013)
and the Law on Decriminalisation (2015).
19. According to the joint opinion of the Council of Europe’s
Venice Commission and the OSCE/ODIHR on the electoral law,
the
Electoral Code provides a thorough technical foundation for democratic
elections, if implemented fully and properly and with the political
will to uphold the letter and the spirit of the law.
20. The Electoral Code was drafted by a bipartisan committee and
gives the two largest political parties (currently the DP and the
SP) significant responsibilities at every step of the electoral
process, including election administration. As the joint opinion
indicates, as a result, the code “is overly detailed and includes many
checks and balances that can result in challenges in administering
elections, as well as possible obstruction of the electoral process
by representatives of the two largest parties”.
21. Substantial amendments were made to the Electoral Code in
July 2012, taking account of many recommendations made by the Venice
Commission and the OSCE/ODIHR in the joint opinion. The amendments
related to the selection procedure for the election administration,
including the Chair of the CEC, revision of the procedure for drawing
up voter lists, simplification of the provisions applicable to candidate registration
and tougher penalties for electoral offences.
22. In February 2016, following the December 2015 local elections,
the parliament set up an ad hoc committee co-chaired by a representative
of the majority (SP) and a representative of the main opposition
party (DP) tasked with proposing the amendments to the Electoral
Code so as to implement the outstanding recommendations by the Venice
Commission and the OSCE/ODIHR and address shortcomings in the electoral system.
Although the committee had technical terms of reference, its work
was often impeded and blocked and was ultimately boycotted by the
DP. This electoral reform process remains at a standstill today.
23. Following the 18 May agreement, the parliament adopted on
22 May the amendments to the Law on Political Parties, the Criminal
Code and the Law on Audiovisual Media. Most of the people whom the
Assembly delegation spoke to welcomed these amendments, some of
which were in line with the Council of Europe’s earlier recommendations,
in particular concerning transparency and accountability in election
campaign financing and measures aimed at combating corruption and
undue pressure on public servants.
24. Nevertheless, some key Venice Commission recommendations were
not taken into account, in particular:
- the de-politicisation of election administration at all
levels so as to enhance its independence and impartiality;
- increasing the rights of independent candidates;
- strengthening the gender quota;
- enhancing transparency of election campaign financing;
- clarification of the responsibilities and procedures for
the effective settlement of electoral disputes.
25. The Assembly delegation would underline that an agreement
of this kind and the resulting amendments to legislation only a
little more than a month before the election were not in line with
the Venice Commission’s recommendations.
Moreover, as the Electoral Code
was not amended, the changes to the above-mentioned laws produced
inconsistencies in the overall legal framework. Most of the people
whom the Assembly delegation spoke to criticised the way in which
the interests of the two main political parties, i.e. the SP and
the DP, were given precedence over respect for the principles of
the rule of law which should prevail in democracies.
4. Election
administration
26. The elections are administered
by a three-tiered election administration comprising the Central
Election Commission (CEC), 90 commissions of electoral administration
zones (CEAZs) and 5 362 voting centre commissions (VCCs). Election
commissions at all levels have seven members nominated by the parliamentary majority
and opposition.
27. In Albania, counting does not take place in the polling stations,
but in 90 ballot counting centres (BCCs) corresponding to the 90
electoral administration zones. This specific feature is one of
the consequences of the general lack of trust between the various
players, including within individual political groupings.
28. The CEC is a permanent body which is in charge of the administration
of elections and referendums. It comprises seven members broken
down as follows: two members are nominated by the majority party
in parliament, two by the main opposition party in parliament, and
two others by the two next-largest majority and opposition parties.
The seventh member, i.e. the Chair of the CEC, is appointed by parliament.
Two of the current commission’s seven members are women.
29. Under the terms of the 18 May agreement, the chairmanship
of the CEC was to be held by a member of the opposition. In application
of the agreement, the CEC Chair was dismissed 35 days before the
election and replaced by another member from the opposition. This
was in breach of the provisions laid down in the Electoral Code.
The former Chair became the Vice-Chair
of the CEC.
30. The 90 CEAZs each comprise seven members:
two
are nominated by the SP, two by the DP, and the MSI and the RP each
have one representative. The seventh member is nominated by the
largest majority party (SP) in 45 of the 90 CEAZs and by the largest
opposition party (DP) in the other half. Further to its decision
to boycott the elections, the opposition did not nominate its representatives
by the deadline. The CEC therefore decided to solicit applications
from citizens who met the eligibility criteria to fill the seats
left vacant by the opposition. On 3 April, the CEAZs were formed
by the CEC without opposition representatives. On 31 May, the CEC
had to dismiss the many members whom it had previously appointed
to the CEAZs and replace them with opposition representatives.
31. The VCCs also comprise seven members who must be nominated
20 days before polling under the same rules as for the CEAZs.
Each VCC covers between 200 and 1 000 registered
voters and has the task of organising polling and then packing the
ballot papers and other electoral material and sending them to one of
the 90 BCCs to which polling stations are assigned.
32. The counting teams who work in the 90 BCCs have to be set
up by the 90 CEAZs 10 days before polling. The four members who
make them up are appointed on a political basis.
33. Following the 18 May agreement and the amendments passed by
parliament, the CEC faced a complex set of legal, institutional,
financial and administrative challenges, starting with the replacement
of its Chair. In spite of these exceptional circumstances, the CEC
implemented its core tasks and succeeded in taking all the necessary
decisions on time.
It operated
transparently, with public sessions in the presence of observers
and representatives of the media and political parties, and regularly
published the necessary information. However, it did not take measures
to clarify the inconsistencies caused by the amendments passed by
parliament on 22 May. Some of its decisions were therefore not consistent
or legally sound.
34. The importance of the counting teams working in the 90 BCCs
was underlined by almost everyone whom the delegation spoke to.
Vote counting in dedicated centres is a feature specific to Albania.
The CEC Chair explained to the delegation that counting used to
take place in the polling stations themselves. However, because
of fears of manipulation, undue pressure which might be exerted
on commission members and a lack of trust between the various parties,
it had been decided that counting would be conducted in this way,
even if that led to delays in the publication of the results.
The representatives of the smallest
parties expressed serious concern about counting given that they
did not have any representatives on the counting teams.
35. The establishment and training of the VCCs and the counting
teams were problematic. Firstly, the CEC was faced with various
amendments passed on 22 May which sought to prevent the risks of
the misuse of administrative resources (both logistical and human
resources) by introducing harsh penalties for public servants who
might be involved in campaigning. A large number of the around 37 000 persons
nominated to form the relevant commissions were public servants
who expressed concern following the instructions issued by their
ministries on the basis of the amendments. A press release issued
by the CEC on 27 May to reassure them on this point proved inadequate.
On 10 June, the CEC asked public institutions to release the individuals concerned
from their duties so that they could form the commissions and begin
training without delay.
36. At the same time, political parties were slow in nominating
their representatives on the various election commissions. None
of the 90 CEAZs could form the VCCs and counting teams by the legal
deadlines. Some 720 VCCs had still not been formed as of 23 June.
At the meeting with the delegation on the eve of polling, the CEC
Chair also complained that the CEC had been placed in complicated
situations by political parties which were abusing their rights
in terms of the nomination of commission members. This was compounded
by very large numbers of replacements of commission members, mostly
at the request of the parties which had nominated them.
37. According to some people whom the delegation spoke to, the
main reason for the delays in appointing members of the commissions
and the counting teams and for replacing members already nominated
involved fears of the members possibly being bribed by the opposing
parties. This once again demonstrates the extreme lack of trust
among political parties, including regarding their own members,
and the weakness of a highly polarised and politicised election
administration.
5. Voter
lists and candidate registration
38. Voter registration is passive
and is based on information extracted from the National Civil Status
Register maintained by the Ministry of the Interior, and includes
all Albanian citizens who are 18 years of age or older on the day
of the election. According to the CEC, as at 24 June there were
a total of 3 452 260 registered voters. This figure may seem surprising
given the population census figures published on the website of
the Albanian Statistics Institute for 2017 (2 876 591 inhabitants,
from which those under 18 years of age should be deducted).
This difference may be explained
by the fact that many Albanians who have left the country still appear
in the registers. It also puts into perspective the turnout rate
of 46.77% which could accordingly be higher in reality.
39. Voters are included on the electoral register of the polling
station serving their place of residence. They can only vote in
person and there are no provisions for voting abroad, by post or
via mobile ballot boxes for those who are ill or have reduced mobility.
40. Voters aged 100 or more are systematically removed from the
electoral registers, which is contrary to international standards.
This
concerned 1 480 voters who were able to ask to be re-registered
when the lists were published. Following the postponement of the
elections, the lists which had been printed and published outside
polling stations had to be replaced by new lists which were published
late, if at all. These delays limited the possibility for voters
to check the lists and make any changes.
41. Any citizen aged 18 or over can stand for election, except
those whose right to stand for office has been restricted by the
so-called “decriminalisation” law and officials whose position is
incompatible with the right to stand.
The
CEC registered 15 political parties within the statutory deadlines.
Following the political agreement of 18 May, three other political
parties were registered (the DP, the RP and the Albanian Democratic Christian
Union). While the agreement extended the deadline for registration
until 26 May 2017, the CEC decided on 29 May to give the DP until
the morning of 30 May to forward its full list of candidates. The
CEC immediately approved the list of candidates submitted by the
DP, while on 26 May it rejected the candidature of an independent
candidate (submitted on 25 May) on the ground that it had reached
it after the deadline laid down in the Electoral Code. This selective
and non-systematic application of the legislation, based on political agreements
rather than law, tainted the candidate registration process. In
all, 18 parties and 2 666 candidates were registered by the CEC
(as compared with 66 parties and 7 149 candidates in 2013). The
CEC immediately drew by lot the order in which parties would appear
on the ballot paper, which it then approved.
42. A gender quota applies to each candidate list and requires
at least one woman and one man among the top three positions and
at least 30% of candidates of each gender in the list as a whole.
Despite significant progress made in this area, women’s participation
and representation in political life remain limited.
Although women
account for 40% of candidates (38.5% in 2013), all the leaders of
the political parties registered in these elections were men. Furthermore,
the larger parties did not always adhere to the gender quota.
43. The CEC imposed sanctions of 1 million Albanian lekë (approximately
€7 400) against the SMI (Tirana district) and SP (Berat district)
lists for not complying with these quotas. However, it did not sanction
the DP for failing to comply with this quota in all 12 districts.
Moreover, the law makes no provision for refusing to register a
list if the gender quota is not complied with. Women were under-represented
in the electoral administration, particularly in decision-making
posts (for example, only two of the seven members of the CEC were
women).
44. The Albanian Constitution provides for full civil, social
and political rights for minorities and the Electoral Code provides
that they can take a full part in elections as voters and candidates,
including in their mother tongue.
45. While the political agreement pushed back the deadline for
registering candidate lists for the political parties, this was
not the case for electoral coalitions. The representatives of the
small parties met by the delegation roundly criticised this difference
in approach and this selective change based primarily, in their
view, on the interests of the larger parties to the detriment of
the smaller parties.
6. Election
campaign, funding and the media
46. Following the political agreement
of 18 May, the election campaign officially started on 26 May. The amendments
adopted on 22 May to the Law on Political Parties were on the whole
well received by the majority of those with whom the delegation
spoke, insofar as massive campaign expenditure reductions could
be made as a result. The clause prohibiting the display of election
posters more than five metres from campaign offices significantly
limited the normally massive use of giant posters, flags and other
campaign material. The campaign was dynamic throughout the country
and fundamental rights such as freedom of assembly and freedom of
expression were upheld.
47. In the course of the campaign, the political parties made
little reference to their programmes on topics such as the economy,
employment, the fight against crime, security matters, education,
social issues and accession to the European Union which would have
enabled voters to compare the programmes so as to be able to make
an informed choice on election day. The main parties stuck to very
general statements, promising better living conditions and stepping
up the fight against drug trafficking and organised crime. In contrast,
the political parties focused significantly on vote buying and selling,
pressure exerted on voters and especially civil servants, and the
misuse of administrative resources, all of which further undermined
voters’ confidence.
48. These mutual accusations, often highly personalised, were
regularly fuelled by the leaders of the main parties who also voiced
their concerns over the involvement in the electoral process of
criminal networks, particularly those linked to drug trafficking,
and the role they could play following the elections.
49. A task force to monitor and prevent the misuse of administrative
resources was established on 2 June. It was headed by the Deputy
Prime Minister and comprised four technical ministers from the opposition
and four ministers from the SP. In this context, several governmental
agencies, mainly headed by the opposition further to the political
agreement, suspended or dismissed several civil servants. In some
cases, these moves appeared to be more politically motivated than
related to the elections.
50. Media coverage of elections, including free airtime and paid
commercials, is regulated by the Electoral Code and the Radio and
Television Broadcasting Code. During the campaign, public radio
and television provided the political parties registered for the
elections with free airtime to campaign, and broadcast spots entirely
prepared and submitted by the parties, while at the same time prohibiting
parties from paying for the broadcasting of election spots.
51. On 25 May, 10 television channels officially wrote to the
CEC rejecting the amendments to the Law on Political Parties and
those obliging the media to broadcast prepared spots. They highlighted
the inconsistencies between the amendments and the Electoral Code,
claiming that the latter, as an institutional law, passed by a qualified
majority, took precedence over the amendments. The CEC took no measures
to clarify the legal framework and several private TV channels broadcast
paid advertising for five political parties.
52. Albania has a very dynamic and saturated media environment
with more than 100 television channels for a country with about
3 million inhabitants. In addition there is a wide variety of newspapers
and magazines. Some people with whom the delegation spoke said that
while the media were free in Albania, this was not true of journalists
and editors-in-chief, whose editorial content was, it was claimed,
considerably influenced by the economic and political interests
of the owners of these media. For example, while the media provided
voters with good coverage of the campaign and presented a range
of political views, the analyses proposed were nonetheless limited.
Candidates were able to take part in debates, but there were no
debates held between the leaders of the main political parties.
53. The Media Monitoring Board monitored the media and sent weekly
reports to the CEC, which in some cases included proposals for sanctions.
The CEC asked 27 broadcasters to remedy, within 48 hours, disproportional
coverage identified. The media largely complied with these requests.
54. All parties taking part in the elections are eligible for
public financing for their campaigns: political parties registered
as electoral subjects which had obtained at least 0.5% of valid
votes in the previous elections, received 95% of the funds, proportionally
to the number of valid votes obtained. The remaining 5% was distributed
to parties registered as electoral subjects that had received less
than 0.5% of votes and to parties which had not taken part in the
previous elections. The total budget for funding campaigns was 65
million Albanian lekë, distributed by the CEC to the various parties
on 31 May.
55. Candidates may also receive donations from natural or legal
persons, may take loans or use their own funds.
However, no donation to an electoral
subject may exceed 1 million Albanian lekë (approximately €7 400)
or the equivalent in in-kind contributions. The total campaign expenses
of a political party, including its candidates, must not exceed
ten times the highest amount that an electoral subject has received
from public funds.
56. Contrary to the Electoral Code, the 22 May amendments to the
Law on Political Parties authorised the CEC to determine a spending
limit for each electoral campaign, but the CEC refrained from doing
so. However, in line with the amendments, the CEC appointed financial
experts to monitor each party’s campaign expenses.
57. The Electoral Code authorises electoral subjects to appeal
against the CEC’s decisions before the electoral college of the
Tirana Court of Appeal; only parties, coalitions and independent
candidates standing for election may appeal against the CEAZ decisions
before the CEC. The electoral college is composed of eight judges
selected by lot from among appellate court judges by the High Council
of Justice. Nevertheless, the limited possibilities for challenging
the CEC decisions may leave the parties concerned without legal
remedy. Few appeals were filed prior to the elections, with parties
indicating that they preferred to voice their complaints publicly
and in the media rather than filing appeals which had little chance
of succeeding.
7. Voting
and counting
58. In general, election day proceeded
in an orderly fashion without any serious incidents, despite a few isolated
cases of violence. The backdrop of mutual accusations of vote-buying
and pressure on voters lasted throughout polling day, with incidents
being reported and amplified by the media. Tension or unrest was observed
in 4% of voting centres. Polling stations were open from 7 a.m.
to 7 p.m., but ten minutes before the closing of stations, the CEC
decided to postpone closing until 8 p.m., hoping in this way to
boost the relatively poor turnout. This was not a particularly successful
move, especially as certain polling stations received the information
after having already closed their doors and very few voters were
seen in the polling stations which remained open.
59. The Parliamentary Assembly observers, deployed throughout
the country, were able to observe the opening of polling stations,
the voting, the closing and the transfer of the ballot boxes to
the counting centres, and part of the counting. On the whole, they
were well received by the members of the electoral commissions, who
were co-operative and enabled them to monitor the whole process
unrestricted.
60. According to OSCE/ODIHR statistics, the opening was assessed
positively in 84% of the polling stations visited; voting was assessed
positively in 93% of the polling stations visited; the following
irregularities were observed throughout the day:
- instances of failing to comply
with voting procedures, in particular regarding checking for traces
of ink on the fingers of voters entering the polling station;
- attempts to influence voters to vote for a particular
party in 5% of cases and interference in the process by unauthorised
persons;
- the presence of numerous groups of activists outside polling
stations (and sometimes inside) who often seemed to be telling voters
who they should vote for;
- many polling stations were not accessible to people with
reduced mobility; this is all the more problematic since there is
no provision for the voters concerned to vote at home using mobile
ballot boxes;
- in some cases, the size and layout of the premises did
not guarantee the secrecy of the vote;
- station closing procedures were not always correctly followed;
- in some cases, counting was delayed and did not always
begin immediately after receipt of all the material and ballot boxes.
61. On 26 July 2017, the Central Election Commission unanimously
approved the final results of the elections, which had a 46.77%
turnout. The 140 seats were allocated as follows: Socialist Party
(SP): 74 seats (48.34%); Democratic Party (DP): 43 seats (28.85%);
Socialist Movement for Integration (SMI): 19 seats (14.34%); Party
for Justice, Integration and Unity (PJIU): 3 seats (4.81%); Social
Democratic Party (SDP): 1 seat (0.95%). The number of valid votes
was 1 580 778, with 32 309 spoiled votes (approximately 2%).
8. Conclusions
and recommendations
62. The Parliamentary Assembly
delegation concluded that candidates in the parliamentary elections
of 25 June 2017 in Albania had been able to campaign freely and
fundamental rights, such as the freedom of assembly and freedom
of expression, had been upheld. Election day had on the whole proceeded
in an orderly manner, without any serious incidents, despite some
isolated cases of violence.
63. The election campaign was marked by a climate of serious mistrust
between the main political parties, which undermined voters’ confidence
in the electoral process. It was influenced by the political crisis
which began in late 2016, followed by the opposition’s boycotting
of parliament and its threat of boycotting the elections. The Parliamentary
Assembly delegation considers that the main political leaders of
the country should focus on nurturing a culture of dialogue and
compromise instead of on confrontation. In this connection, it welcomed
the political agreement reached on 18 May between the leaders of
the main political parties, making it possible for the parliamentary
elections to go ahead with the participation of the main opposition parties,
providing Albanian voters with a meaningful number of candidates
from various political opinions.
64. With regard to the legal electoral framework, the Venice Commission
believes that it offers a sound basis for the organisation of democratic
elections, provided that it is applied appropriately, in full and
with the political will to respect the letter and spirit of the
law. However, the Parliamentary Assembly delegation stressed that
a significant improvement in the holding of democratic elections
in Albanian cannot be based solely on electoral legislation, but
depends above all on its application and on a change of attitude
and practices of the main political leaders. Although several amendments
have been introduced, many of the Venice Commission’s recommendations
have not yet been acted upon.
65. The Parliamentary Assembly delegation was informed by various
people, including political party representatives, of recurrent
problems identified during the election campaign, in particular
vote-buying and selling, pressure exerted on voters, especially
on civil servants, and misuse of administrative resources. The Assembly
delegation strongly condemns such practices and calls on the competent
authorities in Albania to take all the necessary measures to put
an end to these irregularities and boost voter confidence in the democratic
process.
66. Media coverage of the elections was very dynamic during the
election campaign and the media provided voters with good coverage
of the campaign, presenting a range of political views. However,
the analyses proposed were limited and there were claims that editorial
content was limited by the economic and political interests of the
owners of these media.
67. The functioning of the Central Election Commission was transparent.
Following the political agreement and the amendments adopted by
parliament, the CEC was faced with numerous legal, financial, administrative and
institutional challenges. Despite this, the CEC was able to fulfil
its main tasks and managed to take all the necessary decisions within
the deadlines laid down. However, it did not take all the measures
required to clarify the inconsistencies created by the new amended
legislation. Accordingly, some of its decisions had no legal basis
or were inconsistent.
68. In its previous reports, the Parliamentary Assembly has been
very critical of and deeply concerned about the politicisation of
the electoral administration. The very significant influence exerted
by the political parties on an electoral administration which should
be institutionally independent was one of the main problems observed in
these elections.
69. The Assembly delegation observed and identified a number of
irregularities and shortcomings throughout the electoral process
in Albania, including during the counting of votes. Albania therefore
needs to improve its electoral legal framework, as well as certain
electoral practices, taking into consideration the lessons of the
elections, in order to increase citizens’ confidence in democratic
elections. This work should be accomplished in close co-operation
with the Venice Commission and in the framework of the Parliamentary Assembly’s
monitoring procedure. The Assembly remains at the disposal of the
parliament and other relevant authorities of Albania for actions
of co-operation in the electoral field.
Appendix 1 – Composition
of the ad hoc committee
(open)
Based on the proposals by the political groups
of the Assembly, the ad hoc committee was composed as follows:
Chairperson: Paolo CORSINI, Italy (SOC)
Group of the European
People’s Party (EPP/CD)
- Ionuţ-Marian STROE,
Romania
- Attila TILKI, Hungary
Socialists, Democrats
and Greens Group (SOC)
- Paolo CORSINI, Italy*
- Joseph DEBONO-GRECH, Malta
- Mirolsav NENUTIL, Czech Republic
- Luis Alberto ORELLANA, Italy
- Stefan SCHENNACH, Austria
- Predrag SEKULIC, Montenegro
- Idália SERRÃO, Portugal
- Jan ŠKOBERNE, Slovenia
European Conservatives
Group (EC)
- Ingebjørg GODSKESEN,
Norway*
- Serhii KIRAL, Ukraine
- Jaroslaw OBREMSKI, Poland
Alliance of Liberals
and Democrats for Europe (ALDE)
- Reina BRUIJN-WEZEMAN,
Netherlands
- Fernando MAURA, Spain
- Andrea RIGONI, Italy
- Mart van de VEN, Netherlands
Group of the Unified
European Left (UEL)
- Marco NICOLINI, San
Marino*
Co-rapporteur of the
Monitoring Committee (ex officio)
Venice
Commission
- Nikolai VULCHANOV, Expert
- Mesut BEDIRHANOGLU, Administrator
Secretariat
- Bogdan TORCĂTORIU, Administrator,
Election Observation and Interparliamentary Co-operation Division
- Franck DAESCHLER, Principal Administrative Assistant
- Anne GODFREY, Assistant
Appendix 2 – Programme
of the pre-electoral mission (1-2 June 2017)
(open)
Thursday 1 June 2017
10:00-11:00 Delegation meeting with the participation
of Mr Claus Neukirch, Head of the Council of Europe Office in Tirana
11:00-12:30 Meeting with Ms Polyna Lemos, Deputy Head of the
OSCE/ODIHR Election Observation Mission in Albania and members of
the core team
12:30-13h:30 Meeting with members of the diplomatic corps
in Tirana:
- Germany: Ms Anke
Holstein, Chargée d’Affairs
- Italy: Ambassador Alberto Cutillo
- OSCE Mission: Ambassador Bernd Borchardt
- Delegation of the European Union: Mr Jan Rudolf, Head
of the Political, Economic and Information section
14:30-15:30 Meeting with representatives of civil society:
- Association for Democratic Culture:
Ms Gerta Meta
- Albanian Helsinki Committee: Ms Erida Skendaj and Mr Andi
Muratej
- Coalition for Free and Fair Elections: Ms Mirela Arqimandriti
15:30-16:30 Meeting with media representatives:
- Albanian Public Broadcaster:
Mr Gert Selenica, Editor-in-Chief
- Albanian Media Institute: Mr Remzi Lani, Executive Director
- Albanian Media Council: Mr Blendi Sala
- Balkan Investigative Network (BIRN): Mr Besart Likmeta
16:45-17:30 Meeting with Mr Gentian Salaj, Head of the Audiovisual
Media Authority (AMA)
Friday 2 June 2017
09:15-10:00 Meeting with Mr Ilir Meta, Speaker
of the Parliament, with the participation of the Albanian delegation
to the PACE
10:00-12:30 Consecutive meetings with leaders and representatives
of the main parliamentary groups:
- Socialist
Party: Mr Eduard Shalsi
- Democratic Party: Mr Oerd Bylykbashi, Mr Aldo Bumci and
Ms Jorida Tabaku
- Socialist Movement for Integration: Mr Luan Rama and Mr Gaetano
Doci
- Republican Party: Mr Fatmir Mediu and Mr Arjan Madhi
- Party for Justice, Integration and Unity: Ms Mesila Dode,
Mr Halil Hyseni and Mr Erion Manohasa
14:00-15:30 Meetings
with leaders and representatives of the main non-parliamentary political parties:
- Challenge for Albania: Mr Gjergj
Bojaxhi and Ms Besa Xhumari
- Social-democrat Party: Mr Skender Gjinushi
- LIBRA: Mr Ben Blushi and Ms Mimoza Hafizi
15:30-16:30 Meeting
with Mr Klement Zguri, Chairperson of the Central Electoral Commission
16:45-17:45 Delegation meeting (preparation of a statement)
Appendix 3 – Declaration
of the pre-electoral delegation
(open)
PACE pre-electoral
delegation welcomes that Albanian voters will have a variety of
choices on 25 June but remains concerned about the strains put on
the electoral process
Tirana, 03.06.2017 – A PACE pre-electoral delegation, headed
by Paolo Corsini (Italy, SOC) was in Albania on 1 and 2 June to
assess the election campaign and the political climate prior to
the parliamentary elections on 25 June 2017.
The delegation* welcomed the fact that, following a political
agreement reached between the two leaders of Albania’s two main
political parties on 18 May, parliamentary elections will be held
with the participation of the main opposition parties, providing
voters with a meaningful variety of choices.
At the same time, the delegation noted with concern the strain
put on independent institutions and on the electoral process as
a whole with regard to the implementation of the agreement. Interlocutors
had shared with the delegation critical observations on the procedures
followed by the Parliament and the Central Election Committee (CEC)
respectively for the installation of the new CEC Chair, the Ombudsperson
and the late registration of some political parties.
The extremely limited time frame for the implementation of
the new regulations on campaign financing and its monitoring, as
well as the requirements for public and private media to carry electoral
advertisement of political parties free of charge were other issues
brought to the attention of the delegation.
The delegation also noticed that concerns about the potential
abuse of State resources, organised vote-buying and pressure on
voters persist. Moreover, many interlocutors underlined the need
for a full and verified implementation of the legislation on decriminalisation
with regard to candidates competing in the elections. It also noted
that media is widely regarded in the country as a propaganda tool.
It regrets that measures have not been taken in order to allow
Albanians living abroad to participate in the electoral process
without being obliged to return in the country.
The delegation urges all stakeholders in the electoral process
to work in good faith to ensure that the independence of electoral
and independent oversight and watchdog bodies is preserved and strengthened, that
legal procedures are followed and that a level playing field for
all electoral subjects is ensured throughout the process.
In its report following the 2013 parliamentary elections,
PACE called on the Albanian authorities to take a number of measures
in order to restore and strengthen citizen’s full trust in the electoral
process. The delegations recalls in this respect in particular the
need to make a clear distinction between the political parties’ activities
and State institutions, the need to guarantee the impartial and
neutral functioning of the election administration at all levels,
by ensuring genuine institutional independence, and the recommendation
to assess and improve the electoral framework. It strongly encourages
the new Albanian Parliament to continue the electoral reform process
after the elections in a constructive and goal-oriented manner,
with the aim of bringing it to a successful end well before the
2019 local elections.
The delegation hopes that the reform of electoral and political
party legislation will continue and contribute to bridging the gap
between politics and ordinary citizens as well as to strengthening
inner party democracy, accountability and due process, compatible
with a genuine democratic society.
The PACE pre-electoral delegation was in Tirana at the invitation
of the President of the National Assembly of Albania. It met with
the President of the National Assembly, the Chairman of the Central
Electoral Commission, leaders and representatives of the main parliamentary
and non-parliamentary political parties, the Head of the Audiovisual
Media Authority, NGO and media representatives, the Deputy Head
of the OSCE/ODIHR election observation mission, representatives
of international organisations and members of the diplomatic corps
in Tirana.
A full-fledged team of PACE observers will arrive in Tirana
to observe the vote on 25 June.
* Delegation: Paolo Corsini (Italy, SOC), Head of Delegation,
Ingebjørg Godskesen (Norway, EC), Marco Nicolini (San Marino, UEL)
Appendix 4 – Programme
of the International Election Observation Mission (IEOM) (23-26
June 2017)
(open)
Friday 23 June 2017
10:00-11:00 Internal meeting of the ad hoc committee:
- Opening by Mr Paolo Corsini,
Head of Delegation
- Comments by the members of the pre-electoral mission
- Briefing by the Venice Commission on legal issues
- Briefing by the Secretariat on operational issues
Joint parliamentary
briefing
11:00-11:30 Opening remarks:
- Mr Roberto Battelli, Special
Co-ordinator and Leader of the Short-Term OSCE Observer Mission
- Mr Paolo Corsini, Head of the PACE Delegation
- Ms Marietta Tidei, Head of the OSCE-PA Delegation
- Mr Eduard Kukan, Head of the European Parliament Delegation
11:30-12:15 Remarks from the International Presence in Tirana:
- Ambassador Bernd Borchardt,
Head of OSCE Presence in Albania
- Mr Claus Neukirch, Head of the Council of Europe Office
in Tirana
- Ambassador Romana Vlahutin, Head of Delegation of the
European Union to Albania
13:15-14:30 Briefing by the OSCE/ODIHR Mission in Albania
– Part I:
- Ambassador Peter Tejler, Head
of Mission
- Ms Polyna Lemos, Deputy Head of Mission
- Mr Wolfgang Sporrer, Political Analyst
- Mr Vasil Vashchanka, Legal Analyst
- Mr Kakha Inaishvili, Election Analyst
- Mr Andrea Malnati, Media Analyst
15:00-18:00 Meetings with representatives of political parties:
- Socialist Party – Ms Blerina
Gjylameti, Secretary for the Electoral Co-ordination
- Democratic Party – Mr Ivi Kaso, Electoral Secretary, and
Mr Akil Kraja, Executive Director of the DP’s Foundation
- Socialist Movement for Integration – Mr Luan Rama, Deputy
Chairperson
- Republican Party – Mr Fatmir Mediu, Chairperson
- LIBRA-Equal List Party – Ms Mimoza Hafizi, Deputy Chairperson
- Party for Justice, Integration and Unity – Mr Shpëtim
Idrizi, Chairperson
- Social-Democrat Party – Mr Skënder Gjinushi, Chairperson
- Challenge for Albania Party (SFIDA) – Mr Hektor Ruci,
Chairperson
- Human Rights Union Party – Ms Olijana Ifti, Chairperson
of Women’s Forum for Human Rights
Saturday 24 June 2017
10:00-11:00 Meeting with civil society/NGO representatives:
- Albanian Institute for Political
Studies – Mr Afrim Krasniqi, Director
- Coalition of Domestic Observers – Ms Gerta
Meta (Association for Democratic Culture) and Mr Panto Gogo (Kriik
Albania Association)
- Coalition for Free and Fair Elections – Ms Mirela Arqimandriti
(Centre for Gender Alliance Development)
11:00-12:00 Meeting with media representatives:
- Albanian Public Broadcaster
(RTSH) – Mr Bledar Zaganjori
- Albanian Media Council – Mr Blendi Salaj
- Balkan Investigative Network (BIRN) – Mr Besart Likmeta
- Union of Journalists – Mr Aleksander Çipa
12:00-13:00 Electoral Administration:
- Central Election Commission (CEC) – Mr Klement Zguri,
Chairperson
13:45-14:45 Briefing by the OSCE/ODIHR Mission in Albania
– Part II (election day procedures and observation forms):
- Ms Polyna Lemos, Deputy
Head of Mission
- Mr Kakha Inaishvili, Election Analyst
- Mr Robert Bystricky, Statistical Analyst
- Mr László Belágyi, Security Expert
14:45-15:15 Regional briefing by OSCE/ODIHR EOM Long-Term
Observers
15:15 Meeting with interpreters and drivers
Sunday 25 June 2017
Observation of opening, voting, vote count and tabulation
of results
Monday 26 June 2017
08:00-09:00 Internal debriefing of the ad hoc committee
14:30 Joint press conference
Appendix 5 – Press release
issued by the International Election Observation Mission (IEOM)
(open)
Contestants campaigned
freely, fundamental freedoms respected in Albania elections, but
politicised election administration reduced trust in process, international
observers say
Strasbourg, 26.06.2017 – The 25 June parliamentary elections
in Albania took place following a political agreement between the
leaders of the Socialist Party (SP) and Democratic Party (DP) that
secured the participation of the opposition. Electoral contestants
were able to campaign freely and fundamental freedoms of assembly
and expression were respected. The implementation of the political
agreement, however, created challenges for the election administration
and resulted in a selective and inconsistent application of the
law, the international observers concluded in a statement today.
The continued politicisation of election-related bodies and
institutions, as well as widespread allegations of vote-buying and
pressure on voters, reduced public trust in the electoral process,
the statement says.
“It is good that the elections could be held and that promises
were made to improve elements of the electoral process that have
created so much distrust in the past in the functioning of this
key component of a democratic system”, said Roberto Battelli, Special
Co-ordinator and leader of the short-term OSCE observer mission.
“In light of this, it is disappointing that so much of what we observed
was a repetition of past practices – in particular concerns related
to pressure on voters, creating a negative atmosphere. I hope the
new government will engage in serious efforts to improve this key
aspect of free and fair elections.”
“The agreement between the leaders of two main political parties,
which made these elections possible, was a positive development.
However, the agreement also led to strains on the electoral process”,
said Paolo Corsini (Italy, SOC), Head of the delegation from the
Parliamentary Assembly of the Council of Europe. “It is time for Albania
to move forward towards genuine democracy bound by the rule of law.”
The elections took place in the context of a long-standing
and deep political division between the SP of the ruling coalition
and the opposition DP, as well as of low public trust in the electoral
process, the observers said. Positively, the internationally mediated
political agreement reached on 18 May between the leaders of the
two parties ended a three-month standoff, and allowed the DP to
nominate several key ministerial positions.
“I have witnessed a broad desire to overcome once and for
all the political gridlock that has held Albania back for too long”,
said Marietta Tidei, Head of the delegation from the OSCE Parliamentary
Assembly. “I sincerely hope that this momentum, triggered by the
political agreement, will be exploited to the fullest in the best interests
of our Albanian friends, to meet their domestic ambitions and aspirations
for integration into the European Union. We will continue to support
Albania.”
“We hope these elections will create a positive political
atmosphere that will enable the government to make progress in implementing
the reforms needed to move further towards the EU accession process”,
said Eduard Kukan, Head of the delegation from the European Parliament.
The campaign presented a variety of political options and
was significant throughout the country, although widespread allegations
of vote-buying, concerns over misuse of State resources, and workplace-related pressure
on voters further undermined public trust. Some 40 per cent of candidates
were women, and women were active in the campaign. Several campaign
events specifically targeted women voters.
Media provided the electorate with extensive campaign coverage
and a range of political opinions, but with only a limited analytical
approach. Media monitoring revealed that all monitored television
stations focused mainly on the activities of the three largest parties.
The public broadcaster complied with the legal obligation to provide proportional
free air time to parties.
Election day proceeded in an orderly manner, but key procedural
irregularities and omissions were observed, including inconsistent
inking verification procedures, instances of proxy and group voting,
and interference by unauthorised party activists. Concerns were
noted about possible intimidation by groups of party activists in and
around voting centres, the statement says. Counting procedures were
not always followed, and transparency was not guaranteed.
The Central Election Commission (CEC) registered 15 political
parties within the legal deadline, and three more following the
political agreement – after the deadline. At the same time, two
prospective contestants were denied registration due to late nomination.
While largely inclusive, the candidate registration process suffered from
selective and inconsistent application of the law, the statement
says
The CEC operated transparently, with regular public sessions,
and completed its core tasks despite the complex set of legal, institutional,
financial, and administrative challenges that followed the political
agreement. It did not, however, take measures to clarify inconsistencies
related to newly amended legislation, and some of its decisions
were not consistent or legally sound. The formation of lower-level
election commissions was completed long after the legal deadlines,
due to the late nomination of commissioners by parties. This, together with
the high number of replacements, meant many election staff were
not trained. Altogether, this negatively impacted on the efficiency
of the election administration.
The legal framework provides an adequate basis for the conduct
of democratic elections, even though many prior OSCE/ODIHR and Council
of Europe Venice Commission recommendations were not addressed, including
the need to depoliticize key aspects of the election administration.
Legal changes following the political agreement aimed at enhancing
campaign finance oversight and ensuring free advertising in all broadcast
media. However, the manner of implementation demonstrated the primacy
of political interests over respect for the rule of law. The late
introduction of legal changes and lack of meaningful public consultation created
legal uncertainty and negatively affected the administration of
several electoral components.
“Importantly, fundamental freedoms were respected in a process
where contestants were able to campaign freely,” said Ambassador
Peter Tejler, Head of the election observation mission from the
OSCE Office for Democratic Institutions and Human Rights. “Unfortunately,
the continued politicization of the institutions and bodies responsible
for administering the election’s limited public trust in the electoral
process. Longstanding shortcomings have to be addressed to ensure
public confidence.”
The amended legislation contributed to transparency and accountability
of campaign financing, addressing some earlier OSCE/ODIHR and Council
of Europe recommendations. New measures to reduce campaign costs
were welcomed by most mission interlocutors. Transparency was reduced
by the absence of disclosure requirements before election day.
The law provides for citizen and international observation
at all stages of elections. In a positive step, the CEC obliged
the lower-level commissions to publicly display the counting results
protocols, adding to transparency. Accreditation of observers was
inclusive and all contestants were able to observe voting, counting
and tabulation.
