Recent parliamentary elections in Albania
Doc. 7592
25 June 1996
OPINION[1]
Rapporteur: Mr COLUMBERG, Switzerland, Group of the European People's Party
I. Introduction
1. In the framework of Order No. 508 (1995), the rapporteurs of the three committees concerned (Lord Finsberg for the Political Affairs Committee, Mr Ruffy for the Committee on Relations with European Non-member Countries and myself for the Committee on Legal Affairs and Human Rights) visited Albania from 3 to 5 January 1996. Following the visit, we drew up a joint introductory memorandum (AS/Jur (1996) 10), which is confidential pending the reply of the Albanian authorities, expected by 3 July 1996.
2. I think it can be concluded from our visit that Albania has made great strides towards becoming a full democracy and a state based on the rule of law since freeing itself of the communist dictatorship, which was one of the most brutal in Europe. However, at the same time, it has to be acknowledged that Albania still has some way to go. Not having observed the general elections on 26 May 1996,[2] I can but judge the elections and their outcome on the basis of second-hand information, which I find very difficult. As far as the pre-election period is concerned, however, I find it easier to reach an opinion, since some of the criticism I have heard since corresponds to my own observations in January this year.
3. On the pre-election period I will thus base myself mainly on my own observations. For the election day itself and the post-election period I must base myself on reports by observers who were on the spot, such as the OSCE Parliamentary Assembly, ODIHR, the NGO Human Rights Watch/Helsinki and others. I will then present the conclusions to be drawn from the above.
II. The pre-electoral campaign
4. One of the principal obstacles to the full development of democracy in Albania is posed by the country's tradition of regarding compromises as dishonourable. The country's political discourse is thus marked by accusations and counter-accusations by the various parties. Some of these arguments are emotional, personal and/or not always based on facts. The general atmosphere of tension, with each side accusing the other that it is trying to impose a dictatorship on the Albanian people, is hardly conducive to co-operation, even on matters that should be in everyone's interests (such as the adoption of a constitution or an equitable electoral law). Organising a free and fair election-campaign in such an atmosphere is by no means an easy task.
5. Thus criticism of the Albanian elections must start already with the pre-electoral campaign. As the OSCE Parliamentary Assembly concluded, "the state-owned media was not entirely unbiased".[3] The OSCE's Office for Democratic Institutions and Human Rights (ODIHR) also observed a number of further irregularities, ranging from the new election law with the result of last-minute re-districting of election zones, over the establishment of election commissions to police intimidation at opposition rallies.[4] Harassment of independent and opposition newspapers and their journalists was also widely reported.[5]
6. Possibly the most important criticism of the pre-electoral campaign must be lanced, however, against the so-called "decommunisation" or "anti-genocide" laws.[6] Mr Severin deals with the Albanian case in a detailed manner in his excellent report to the Assembly on measures to dismantle the heritage of former communist totalitarian systems (Doc. 7568), to be debated by the Assembly on 27 June. Mr Severin recommends that these laws, according to which candidates for parliament can be excluded from the election on the grounds of having held a certain post in the Communist Party or state apparatus, or being listed in the secret service files as an informer or collaborator, be made compatible with the principles of a democratic state under the rule of law. He suggests that the scope of the laws' application be limited to people employed by the state in sensitive positions, that the possibility of inaccurate or false files of the security apparatus, as well as the possibility of persons acting under compulsion be taken into account.[7] Furthermore, he suggests that the commission, consisting of seven persons (six of them currently appointed by the government), be changed to exclude any possibility of bias.
7. The latter suggestion is one that had also been made by the three rapporteurs during their visit to Tirana in January 1996, and was raised again by myself at the meeting of the Committee Legal Affairs and Human Rights on 3 April 1996 in the presence of the Albanian speaker of parliament. Unfortunately, our recommendation was not heeded. One hundred and thirty nine candidates were initially barred from taking part in the election on the basis of this legislation, only three of whom belonged to the ruling Democratic Party. Seven decisions of the commission were overturned by the Cassation Court.[8] The OSCE Parliamentary Assembly concluded that "the Law on Genocide includes procedures which cannot be considered fair and transparent. It also includes stipulations which limit the electorate's possibilities to freely choose their candidates".[9] ODIHR, Human Rights Watch/Helsinki and the International Foundation for Electoral Systems criticised the laws and their application in stronger terms.
III. Election day
8. Conflicting information is presented by different observers about the procedures on election day. ODIHR strongly criticised the composition of the local polling station commissions, which was apparently biased in favour of the ruling party, on whose authority the chairperson and the secretary of the commissions were appointed.[10] ODIHR also complained about the lack of official protocols, non-accurate maintenance of the voter register and proxy voting. The presence of police and unidentified armed persons in civilian clothing at a number of polling stations was also observed.[11] The general impression of most ODIHR observers on the vote count was "that the counting process was not carried out in an orderly and secure manner, or according to the election law. In some instances, observers noted manipulation of the result. Decisions were made in an arbitrary manner by the government appointed Chairman."[12]
9. The OSCE Parliamentary Assembly also noticed "a number of irregularities and technical shortcomings",[13] but not on the scale reported by ODIHR and other observers. Opposition party members reported having been harassed, physically attacked or detained by members of the secret police, but the majority of these claims are not backed by observations of international observers. The pull-out of the elections announced on Albanian TV by the Socialist Party, the Agrarian Party and the National Unity Party at 6 p.m., hours before the polls were to close, did as little for the atmosphere as the President's arbitrary decision on election day to decree longer polling hours (from 8 p.m. to 10 p.m.). Whether these and other opposition parties pulled out because of wide-spread election fraud and harassment of its candidates and polling station commission members, as they claim, or because they knew they were going to suffer defeat, as the ruling party claims, is impossible to ascertain at this stage.[14]
10. The opposition parties further decided to boycott the second round of elections held on 2 June 1996, as well as the re-run of the elections held on 16 June 1996 in seventeen constituencies. This was a most unfortunate decision, which I deeply regret. Likewise, the President's decision to run as a candidate for parliament for the Democratic Party, though ostensibly legal, was also most regrettable, since a President should be a neutral and uniting force, especially in a country as divided as Albania. Thus I agree with the OSCE Parliamentary Assembly's assessment that "the government and all political parties alike share responsibility"[15] for what happened on election day in Albania.
IV. Post-election developments
11. On Monday, 27 May 1996, the leading opposition parties called for a demonstration in Tirana's central Skenderberg Square to "protest the manipulation of the vote". The Ministry of the Interior declared the gathering illegal, and excessive force was used both on Monday and on Tuesday to break up demonstrations. According to reports from non-governmental organisations, not only opposition leaders and their followers were physically � apparently often brutally � attacked, but journalists suffered, too. The Democratic Party has recognised that "there were abuses and overreaction on the part of the public order forces",[16] condemned them, and promised that the guilty will be prosecuted.
12. It is important that the government recognise and grant the freedom of assembly, not only to supporters of their own party (who celebrated their reported victory in the elections only a few hours earlier on Tirana's main streets), but also to supporters of the opposition parties. First, the demonstrations of the opposition parties on 27 and 28 May 1996 should not have been declared illegal, and second, they should not have been broken up using excessive force as they were. I strongly urge the Albanian authorities to uphold the freedom of assembly and expression even in the currently tense atmosphere.
V. Conclusions
13. I can only conclude with the OSCE Parliamentary Assembly that the credibility of the democratic process in Albania has been undermined by the recent elections.[17] Irregularities, technical difficulties and problems with the laws governing the elections were all widely observed and are hardly disputed. The goal must now be to reduce tensions on the ground and to re-establish the confidence of both the Albanian people and the international community in Albanian democracy. The Albanian democracy is still so young and vulnerable that political stability is an absolute precondition for the amelioration of the living standards of the Albanian people. The question is � how to achieve this goal?
14. The opposition parties demand that the elections be completely re-run, an option that is categorically rejected by the President of the country. European institutions have taken different sides in this debate, both on the legitimacy of the newly-elected parliament and the likely results of a re-run (civil war, anarchy, or the return of democracy?). What is clear is that Albania's decommunisation laws, its electoral law and also its electoral institutions must be reformed as soon as possible in accordance with OSCE, ODIHR and Council of Europe recommendations. This should be done without further delay, since the new procedures should be thoroughly established by the time the local elections are scheduled to take place later this year. The role of the local structures to be elected is of the utmost importance for political stability in the country, and the Council of Europe must be willing to assist the Albanian authorities in this field.
15. I think it can also be agreed upon that now is not the time for a parliament whose legitimacy is not completely beyond doubt to tackle major legislation (except for that mentioned in paragraph 14, submitted to the Council of Europe for expert opinion before its adoption). It goes without saying that the Democratic Party should use its current overwhelming majority wisely, avoiding further confrontation with the opposition parties. The opposition parties, on their part, should end their boycott of the Albanian political process (in particular, they should take part in the local elections) and return to constructive dialogue with the ruling party.
VI. Amendments
Amendment No. 1
In the draft resolution, after paragraph 6, add the following new paragraph:
"The Assembly should consider, with the rest of the international community, possible measures that could be taken to influence the Albanian authorities and the political parties to find an internal political solution acceptable to both the Government and the opposition, without distancing Albania from the Council of Europe."
Amendment No. 2
In the draft resolution, after paragraph 6, add the following new paragraph:
"The Assembly recommends that help be given to the Albanian authorities to reinforce the democratic process, including police training and measures to ensure the independence of the broadcast media and the judiciary."
Amendment No. 3
In the draft order, paragraph 1, second sentence, add after "including", the words:
"the three rapporteurs on the honouring of obligations and commitments by Albania and".
Reporting committee: Political Affairs Committee (Doc. 7587).
Committee for opinion: Committee on Legal Affairs and Human Rights.
Reference to committee: Reference 2097 of 24 June 1996.
Opinion approved by the committee on 25 June 1996.
Secretaries to the committee: Mr Plate, Mrs Chatzivassiliou and Mrs Kleinsorge.
[1]. Of the Committee on Legal Affairs and Human Rights.
[2]. The rapporteurs had first intended to go, but decided not to because they received no official invitation from the Albanian authorities and there had been no precedent for rapporteurs to monitor elections in Council of Europe member states.
[3]. OSCE Parliamentary Assembly report on the parliamentary elections in Albania, 26 May 1996, p. 1.
[4]. ODIHR, Observation of the parliamentary elections held in the Republic of Albania, 26 May and 2 June 1996, pp. 3-9.
[5]. Human Rights Watch/Helsinki, Statement of Concern: Violations in the Albanian Elections, 30 May 1996, p. 3; letters addressed to the Council of Europe by the NGOs Article XIX International Centre Against Censorship, and the International Federation of Journalists.
[6]. "Law on genocide and crimes against the population committed in Albania during the communist regime for political, ideological and religious reasons" (22 September 1995), and "Law on verification of official figures and other individuals related to the protection of the democratic state" (30 November 1995).
[7]. Doc. 7568, page 20, paragraph 56.
[8]. ODIHR gives different figures: approximately 200 candidates barred, 60 appeals to the Cassation Court, of which 9 were upheld (p. 5).
[9]. OSCE Parliamentary Assembly report, p. 1.
[10]. ODIHR report, pp. 9-10.
[11]. Ibid, pp. 10-11.
[12]. Ibid, p. 12.
[13]. OSCE Parliamentary Assembly report, p. 1.
[14]. The final election result, with 122 seats of 140 going to the ruling Democratic Party, and only 10 to the main opposition Socialist Party, makes one wonder if the withdrawal of the opposition parties from the election did not open the door for some manipulation during the vote count, the percentage of seats going to one party being very high for a European democracy.
[15]. OSCE Parliamentary Assembly report, p. 1.
[16]. Letter of the President of Albania, Mr S. Berisha, of 4 June 1996, addressed to the President of the Assembly, reproduced in AS/Pol/Inf (1996) 4, p. 11.
[17]. OSCE Parliamentary Assembly report, p. 1.