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Resolution 2019 (2014) Final version
The honouring of obligations and commitments by Albania
1. Albania joined the Council of Europe
on 13 July 1995. Upon its accession, Albania undertook to honour the
obligations incumbent on all member States under Article 3 of the
Statute of the Council of Europe (ETS No. 1) with regard to pluralist
democracy, the rule of law and human rights. In addition, it undertook
to honour a number of specific commitments listed in Opinion 189 (1995) on
the application by Albania for membership of the Council of Europe,
adopted by the Parliamentary Assembly on 29 June 1995. In conformity
with the monitoring procedure, as established in Resolution 1115 (1997),
the Assembly has regularly assessed Albania’s progress with regard
to the honouring of its obligations and commitments.
2. The Assembly welcomes the fact that Albania has recently made
marked progress in honouring its obligations and commitments to
the Council of Europe. In this context, it regrets that many important
reforms were delayed, or otherwise negatively affected, by the deep
political crisis in the country following the 2009 parliamentary
elections, which led to a de facto two-year
boycott of the work of the parliament by the opposition. Recognising
the role of Albania as a factor for stability in the region, the
Assembly welcomes the conclusions adopted by the European Council
on 27 June 2014 to grant Albania candidate status and encourages
the country to fulfil the key priorities.
3. The parliamentary elections in 2009 and, to a lesser extent
those of 2013, as well as the local elections in 2011, have underscored
the continuing tense and polarised political climate in Albania,
especially between the two main parties that dominate the political
environment. The Assembly therefore welcomes the electoral reforms
that have been implemented, in a generally consensual manner, to
strengthen the electoral process and to address shortcomings noted
during previous elections. With regard to electoral reform, the
Assembly:
3.1. calls on all political
forces to agree on further consensual electoral reform to address,
in line with recommendations of the European Commission for Democracy
through Law (Venice Commission), the remaining concerns and ambiguities
that make the election process vulnerable to possible misuse and obstruction;
3.2. notes that the establishment of specialised centralised
vote-counting centres has created long delays in the counting of
votes, which can negatively affect public perception of the legitimacy
of the outcome of the elections. The Assembly therefore recommends
considerably increasing the number of centralised voting centres
for future elections;
3.3. notes that the election administration in reality remains
divided along party lines, which hinders the effective and impartial
conduct of the elections. It recommends that further reforms be
implemented to ensure a genuine non-partisan election administration;
3.4. emphasises that changes to the Election Code alone are
not sufficient to resolve the recurrent shortcomings in the conduct
of elections. This can only be achieved if the electoral reforms
are accompanied by a change of attitude and practice of the main
political stakeholders.
4. The Assembly takes note of the parliamentary reforms that
were consensually agreed upon between the ruling majority and the
opposition with a view to ensuring the proper functioning of the
parliament and fostering political dialogue. However, the Assembly
underscores that constructive co-operation between the majority and
the opposition, based on mutual respect for each other’s proper
constitutional role and place in a democratic system, cannot be
legislated via the rules of procedure alone. This also needs a change
of attitude and the fostering of a culture of co-operation and democratic
values by all concerned. In that respect, the Assembly regrets the
continuing charged rhetoric and interaction between the opposition
and governing parties. It urges the opposition not to resort to
boycotting the work of the parliament or its committees and urges the
ruling majority not to use its constitutional majority to bypass
the opposition, and to seek consensus on important reforms whenever
possible.
5. The Assembly welcomes the diverse and pluralist media environment
in Albania. However, it regrets that the media environment is heavily
politicised, including in respect of the public broadcaster. With
regard to the media environment, the Assembly:
5.1. calls on all political forces
to further reform of the public broadcaster with a view to ensuring
its independence and impartiality and to consensually agree on a
composition formula for the National Council of Radio and Television
that will foster an independent and pluralist media environment;
5.2. urges the authorities to ensure that government advertising
is not awarded to media outlets on the basis of political affiliation;
5.3. welcomes the increased transparency of media ownership
in Albania as a result of the establishment of the National Business
Registration Centre;
5.4. welcomes the abolition of prison sentences for insult
and defamation and the abolishment of special protection against
defamation for specific categories of people. However, it regrets
that defamation has not been decriminalised in its entirety as it
can still have a chilling effect on journalists and may lead them
to practise self-censorship. It therefore calls on the parliament
to fully decriminalise defamation, in line with Council of Europe
standards.
6. In the view of the Assembly, a non-partisan and impartial
civil service is crucial for the functioning of democratic institutions
in Albania. The Assembly takes note of the delay in the implementation
of the Law on the Civil Service, which provides, inter alia, for strict merit-based
rules for the hiring and dismissal of civil servants. This controversial
delay, together with the large-scale personnel changes at all levels
of the civil service that were initiated when the new government
came into power, are an indication of the politicisation of the
civil service and attempts to bring it under party control. The
Assembly regrets the politicisation at all levels of the civil service,
and calls on all parties to refrain from action that undermines
the effective functioning of government institutions and public
trust in their impartiality.
7. The Assembly welcomes the priority given by the new authorities
and the support expressed by the opposition to the administrative
and territorial reform and the strengthening of local self-government
as the main pillar of the democratic consolidation of Albanian society.
It welcomes the establishment of a parliamentary ad hoc committee,
on the basis of equal participation of the ruling majority and the
opposition, to prepare these reforms. In the view of the Assembly,
this should be seen as a signal that the authorities intend to draw
up these important reforms on the basis of a wide consensus between
the political forces in the country. In this respect, the Assembly
regrets the decision of the opposition to boycott the work of this
committee and urges its members to reconsider their position. With
regard to the planned administrative and territorial reform, the
Assembly:
7.1. welcomes the proposal
of the authorities to reduce the number of local government units,
with a view to ensuring stronger and more efficient municipalities
that are viable units of self-government, but notes the concerns
expressed by the opposition for the immediate reduction from 373
local government units to 61, gerrymandering, and its potential
impact on local democracy;
7.2. encourages the authorities to further develop a comprehensive
strategy for the effective functioning of local government units,
including on the financing of the services they are expected to deliver,
with a view to reducing their dependency on the central government;
7.3. recommends that the Law on the Organisation and Functioning
of Local Government be amended to ensure the full accountability
of mayors to their city councils;
7.4. welcomes, and encourages the authorities to continue,
the initiatives to ensure that the administrative and territorial
reform is inclusive and consensual, not only between the ruling
majority and the opposition but also between central government
and the local authorities concerned. In this context, it calls on
the opposition to fully participate in this work.
8. The Assembly is concerned that, despite numerous reforms,
the independence and impartiality of the judiciary are not sufficiently
ensured and that it continues to suffer from political pressure
and interference. Further comprehensive consensual reforms, including
changes to the constitution, to ensure the independence of the judiciary
and an efficient administration of justice are urgently needed and
should be a priority for the authorities. With regard to the reform
of the justice system and the judiciary, the Assembly in particular:
8.1. expresses its concern about
the widespread and systemic corruption at all levels of the judiciary, which
undermines the efficiency and impartiality of this institution;
8.2. encourages the authorities to reform the Supreme Court
and High Council of Justice in line with the recommendations of
the Venice Commission, especially with regard to disciplinary and
appointment procedures;
8.3. urges the authorities to revise appointment and disciplinary
procedures with a view to reducing their vulnerability to politicisation
and political interference, which undermines the impartiality of
the judiciary;
8.4. urges the authorities to implement fully and without delay
all Constitutional Court and other court decisions;
8.5. welcomes the close co-operation sought by the authorities
with the Venice Commission in reforming the justice system and the
judiciary and urges the authorities to seek in due time its advice
on all changes introduced and to quickly implement their recommendations.
9. The persistent and widespread corruption at many levels of
Albanian life undermines the country’s democratic and socio-economic
development and is a major concern of the Assembly. In this respect,
the Assembly regrets that, despite a recent increase in prosecutions,
most indicators show that corruption has actually increased and
not diminished in recent years, which indicates that measures and
strategies to fight corruption have until now achieved only limited
results. With regard to the fight against corruption, the Assembly:
9.1. welcomes the adoption of constitutional
amendments and changes to the Criminal Procedure Code that limit
the immunity of members of government, MPs, judges and high-level
State officials, and allow for their investigation and prosecution
without prior authorisation. It urges the authorities to swiftly adopt
all further implementing legislation needed to efficiently enforce
the constitutional amendments;
9.2. calls on all political forces in Albania to show the commensurate
political will to fully and effectively implement a coherent and
effective anti-corruption strategy, and to make sufficient resources
available for its implementation;
9.3. regrets the recent developments which call into question
the independence of the High Inspectorate of Declaration and Audit
of Assets. It welcomes the amendments to the Law on the Declaration
and Audit of Assets and prevention of conflict of interest in exercising
public functions, which aim to increase the transparency of public
officials and to strengthen the institutional role of the High Inspectorate
of Declaration and Audit of Assets. The Assembly calls on the authorities
to ensure that sufficient resources are made available to this institution,
which is an important instrument in the fight against corruption.
In addition, it urges the authorities to ensure that all findings
of violations of the Law on the Declaration and Audit of Assets
are promptly followed up by the prosecution services;
9.4. welcomes the progress reported by the Group of States
against Corruption (GRECO) with regard to the adoption of anti-corruption
legislation and urges the authorities to ensure that this legislation
is now fully and effectively implemented.
10. The Assembly takes note of the high number of cases pending
against Albania with the European Court of Human Rights. They have
revealed a persistent and structural deficiency with regard to the
enforcement of domestic court decisions and a lack of effective
remedy. In this respect, the Assembly welcomes the recent adoption
of an action plan to implement the general measures demanded by
the pilot judgment in the case of Manushaqe
Puto and Others v. Albania. It urges the authorities
to explore all possibilities to reduce as much as possible the delay
in the implementation of this action plan, as also called for by
the Committee of Ministers of the Council of Europe.
11. The Assembly welcomes the marked progress made with regard
to strengthening human rights protection mechanisms in Albania,
as well as the signing and ratification of the Council of Europe
Convention on Preventing and Combating Violence against Women and
Domestic Violence (CETS No. 210). It asks the competent authorities
to take all appropriate measures to counter the recent increase
in blood feuds and revenge killings, which are a cause for concern.
12. The Assembly welcomes the efforts of the authorities to improve
prison conditions and reduce overcrowding. However, it is deeply
concerned by reports of ill-treatment of detainees by the police
during questioning and by the appalling conditions in detention
facilities in police establishments. It calls on the Albanian authorities
to urgently remedy this situation.
13. With regard to the protection of minority rights and combating
discrimination, and recognising the overall improvements achieved
in this respect, the Assembly:
13.1. recommends
that the Albanian Parliament adopt a more flexible and adequate
system for the recognition of national and ethnic minorities;
13.2. urges the parliament to adopt a comprehensive law on minorities;
13.3. welcomes the adoption of a comprehensive anti-discrimination
law and encourages the authorities to consistently and coherently
implement its provisions;
13.4. regrets that Albania has neither signed nor ratified the
European Charter for Regional or Minority Languages (ETS No. 148),
despite this being an explicit accession commitment. The Assembly
calls on the authorities to honour this accession commitment without
further delay.
14. The Assembly welcomes the active and effective role played
by the national ombudsperson in Albania. It calls on the authorities
to ensure that sufficient resources are made available to the ombudsperson’s
office to carry out their work and asks the Albanian Parliament
to systematically and consistently place both special and statutory
reports of the ombudsperson on the parliamentary agenda for debate.
15. Despite the progress achieved in the honouring of Albania’s
membership obligations and accession commitments, serious concerns
remain, in particular with regard to the impartiality of democratic
institutions and the civil service, the independence of the judiciary
and the fight against endemic corruption in Albania. Concrete action
by all stakeholders, the authorities and the opposition is needed
to ensure that all the membership obligations and accession commitments
are fully honoured. In this respect, the Assembly emphasises that
it is crucial that the many reforms and legislative packages that
have been adopted must also be actually implemented in order to
effectively address the concerns noted by, inter
alia, the Assembly. Against this background, the Assembly
resolves to continue to monitor the honouring of obligations and
commitments by Albania.