Doc. 9193

10 September 2001

Ad hoc Committee for the observation of the parliamentary elections in Albania

24 June, 8 July, 22 July, 29 July and 19 August 2001

Report

Bureau of the Assembly

Rapporteur:       Ms Jenny Jones, United Kingdom, Socialist Group

1. On 28 June, at the last part-session of the Assembly, I reported on the first round of the parliamentary elections.1 We duly formed a delegation for the second round on 8 July, and again for further voting on 22 July. The statements issued by these delegations are in Annexes A and B2. Also attached, for context and perspective, are the statements issued on first round voting (24 June) (Annex C) and by the Bureau’s pre-election mission (23-25 May) (Annex D).

2. The press statements show that we became increasingly critical of the election.

3. But the focus of our observations was naturally becoming narrower. We were observing on 8 and 22 July the most closely-run political contests and the problematic areas where total or partial re-runs were ordered following complaints and irregularities or simple failure to hold any voting at all because of the bitterness of disputes. The aim of this report is to give complementary information on the election. It is not to revisit the issues raised and dealt with in my earlier report where conclusions and impressions, presented provisionally, seem correct. This information may help guide the discussion which we must now expect on whether the election law is adapted to Albania’s political circumstances.

4. Our delegations for 8 and 22 July were greatly helped by the Election Observation Mission of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) and by the Office of the Council of Europe’s Special Representative. We agreed that the International Election Observation should be formally concluded with the presentation of our joint statement at the press conference of 23 July. The election itself, however, was not at an end. Further voting was held on 29 July and 19 August - with decisive impact on the election’s outcome. And until every constituency had produced a first round result, no calculation of the distribution of seats in the new Parliament could be made.

5. At the time of my first report 48 of the 100 single-seat constituencies were decided. Percentage distributions of the national vote, which determine the allocation of a further 40 seats, were very provisionally and speculatively projected as just under 45% for the parties of the outgoing Socialist-led coalition, and just over 35% for the opposition coalition “Union for Victory” (UV) led by the Democratic Party. It seemed clear that the parties of the outgoing Socialist-led coalition would form a governing majority in the new Parliament.

6. This was confirmed by the second round of the election on 8 July. The Socialist Party could now claim about 70 of the 100 single-seat constituencies, with about 24 for the Democratic Party UV coalition. Other constituencies would have to hold total or partial re-runs.

7. But until all constituencies had reported a first round result, it could not be known which of the smaller parties had reached the 2.5% threshold for representation in Parliament, nor could the formula be applied for distributing the 40 “proportional” seats.

8. This was the cause of bitter political controversy.

9. What was at stake in these elections was not so much who would have a governing majority in the new Parliament, but whether this majority would be enough to control next year’s Presidential election. For this a three-fifths (60%) majority was required - 84 seats. Failing this, a minority of two-fifths (40%) plus one could block procedures for electing a new President and enforce the holding of new parliamentary elections.

10. It was the election law which determined, for a process started on 24 June in a disturbingly embittered political environment, that the outcome in relation to these 60% and 40% thresholds could not be known until nearly two months later.

11. It was the voting on 29 July in eight voting centres of the constituency of Lushnja which determined whether these thresholds would be crossed.

12. The voting on 22 July in about 200 polling stations in and across 8 constituencies (3 total and 5 partial re-runs) simply confirmed the general choice of a clear majority of the Albanian people for continuity in government and stability. But in Lushnja the Socialist Party encouraged tactical voting by its supporters to push the three small parties of the outgoing Socialist-led coalition above the 2.5% threshold. This had the effect of giving them 3 seats each in the new Parliament - seats which would have otherwise gone to the opposition. It brought the Socialist Party in conjunction with these three small parties (without the Social Democrats which had also lost seats as a result of this tactical voting and with which they were accordingly in dispute) to the very edge of the 84-seat threshold.

13. The following day the Democratic Party leader, ex-President of the Republic Sali Berisha, declared that he would not recognize the validity of the election, nor the new Parliament, unless one-third of the constituencies were re-run.

14. On 4 August, with only 1 constituency now required to hold a further partial rerun (which would not influence the “proportional” calculation since it only concerned four polling stations), the Central Election Commission (CEC) gave the following figures:

15. The voting in the constituency of Korce on 19 August, in only four polling stations by order of the Constitutional Court, had the effect of reversing an earlier decision by the CEC to declare the Democratic (UV) candidate as winner. The Socialist-led coalition had thus reached the magic figure of 84.

16. There will now be discussion in Albania and internationally about the impact of the election law. In an unstable political environment, prolonged uncertainty about the outcome of an election is yet an additional factor of instability.

17. It is important there should be no over-reaction. This law has had the virtue, at least, of halving the number of parties and coalitions represented in Parliament - from 14 to 7.

18. Moreover, one may hope that the conditions for effective parliamentary politics are slowly being established. Never before will the opposition have been so strongly represented in Parliament. There should in the future be no more strategies of trying to discredit an election process in advance (cf. my earlier report - Doc. 9150) for fear of finding oneself on the losing side and excluded from the political process.

ANNEX A

Press release

Albanian second round election confirms progress in some areas, but problems remain

Tirana, 10.07.2001 – Yesterday's second round of the Albanian parliamentary elections confirmed progress towards international standards for democratic elections in a number of important areas, but problems remain, concluded the International Election Observation Mission in a preliminary statement issued today.

"Looking at the election as a whole, we can say there has been progress in the areas of election administration, media and campaign conduct", said Nikolai Vulchanov, Head of the Observation Mission of the OSCE Office for Democratic Institutions and Human Rights (ODIHR). "However, problems remain which show that further substantial improvements are needed to fully meet international standards for democratic elections."

"The political parties deserve credit for their restraint during the campaign and for seeking redress on contentious issues and irregularities through the available institutional framework for complaints", said Jerzy Smorawinski, Head of the delegation of the Council of Europe's Parliamentary Assembly.

On second round election day, 8 July, most polling stations functioned well and generally voting proceeded without incident. However, the international observers reported a number of serious concerns, including isolated cases of police interference, detentions of election commission members, and ballot stuffing. Voting could not take place in a number of electoral zones due to disruption of preparations by election commission members. Elsewhere, the counting was completed quickly, but technical procedures were frequently not followed correctly.

The international observers have reported a number of irregularities stemming from the first round elections, in particular in some hotly disputed constituencies. In these constituencies, conflicting counting protocols raised concerns about the accuracy of the results. To date, the relevant election commissions and courts have failed to adequately investigate questionable protocols and other alleged irregularities in these constituencies. Isolated but significant incidents of abuse of power and interference by police in the election process in favour of candidates of the ruling party have been confirmed.

"These irregularities must be fully investigated and addressed by the authorities", said Mr. Vulchanov. "The final assessment of these elections will depend on how this is carried out by the relevant national institutions as well as on the remaining steps of the post-election process, including the tabulation of results, the allocation of compensatory mandates, and the conduct of further rounds of voting."

Mission information

The International Election Observation Mission for the second round of the parliamentary elections in Albania is a joint undertaking of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Parliamentary Assembly of the Council of Europe. An OSCE/ODIHR Election Observation Mission with 10 election experts in the Tirana headquarters and 18 long-term observers deployed to the regions was established in late May to assess the legal framework, the election administration, the media environment, and conditions for the election campaign. For election day, the International Election Observation Mission has deployed some 130 short-term observers, including eight parliamentarians from the Council of Europe's Parliamentary Assembly, to monitor voting and counting procedures in polling stations and election commissions across Albania.

For further information, please contact:

• Nikolai Vulchanov, Head of the OSCE/ODIHR Election Observation Mission in Tirana,

• Jens-Hagen Eschenbaecher, OSCE/ODIHR Spokesperson, Tel.+ 48 603 683 122 (mobile).

• Christine Meunier or Farida Jamal, Council of Europe, Tel. + 33 3 88 41 20 90 (mobile).

ANNEX B

Press release

Albanian elections:

in remaining zones, third round highlights problems

Tirana, 23.07.2001 – The two weeks leading up to yesterday’s third round of Albanian parliamentary elections served to highlight remaining electoral deficiencies, concluded the International Election Observation Mission in a preliminary statement issued today (attached).

“While I stand by our earlier conclusion that these elections as a whole have shown progress, I have to say I’m disappointed with developments leading up to the third round,” said Nikolai Vulchanov, Head of the Observation Mission of the OSCE Office for Democratic Institutions and Human Rights (ODIHR).

“We can reconfirm some positive trends, notably the peaceful atmosphere and the decision by political parties to raise their complaints through legal channels,” added Jenny Jones, Head of the delegation of the Council of Europe Parliamentary Assembly. “It is unfortunate, however, that some of the problems and concerns we identified in earlier rounds have not been adequately dealt with.”

The international observers were particularly concerned with:

• The inability, even after three rounds of voting, to complete the election process and allocate the proportional seats, as well as the prospect this could continue for several more rounds;

• Irregularities in counting and tabulation that undermine confidence in the results in certain constituencies;

• The ineffectiveness of the appeals procedure in providing redress;

• Undue politicization of some Zone Election Commissions and Voting Centre Commissions, which has sometimes disrupted the election process; and

• In certain polling stations, blatant attempts at fraud through ballot stuffing and other manipulations –including by voting centre officials – in plain view of international observers.

Election day, 22 July, was generally calm and passed without problems at most polling stations. However, very serious irregularities were witnessed by observers in certain constituencies.

“This Mission now comes formally to an end,” said Soren Sondergaard, Co-Rapporteur for Albania of the Monitoring Committee of the Council of Europe Parliamentary Assembly. “But the election process stays under international scrutiny. If allegations are not properly dealt with, they can be brought to the European Court of Human Rights. Meanwhile our Committee’s monitoring continues.”

The final assessment of these elections will depend in large part on the conduct of voting still to come, the adjudication of appeals and redress of irregularities, and the process of allocating proportional mandates.

Mission information

The International Election Observation Mission for the third round of the parliamentary elections in Albania is a joint undertaking of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Parliamentary Assembly of the Council of Europe. An OSCE/ODIHR Election Observation Mission with 10 election experts in the Tirana headquarters and 18 long-term observers deployed to the regions was established in late May to assess the legal framework, the election administration, the media environment, and conditions for the election campaign. For election day on 22 July, the International Election Observation Mission deployed some 50 short-term observers, including five parliamentarians from the Council of Europe's Parliamentary Assembly to monitor voting and counting procedures in polling stations and election commissions in all zones in which elections took place.

For further information, please contact:

• OSCE/ODIHR Election Observation Mission in Tirana, +(355 4) 230979, -232523, -232524

• Jens-Hagen Eschenbächer, OSCE/ODIHR Spokesperson, +48-603 683 122 (mobile)

• John Hartland or Angus Macdonald, Council of Europe, +33 388 41 3243

ANNEX C





INTERNATIONAL ELECTION OBSERVATION MISSION

For information – not an official document

PRESS RELEASE

Albanian Parliamentary Elections Mark Progress Towards

International Standards

Tirana, 25 June 2001 – Yesterday’s parliamentary elections in Albania marked progress towards meeting international standards for democratic elections, concluded the International Election Observation Mission in a statement issued in Tirana today (attached).

“This election represents another important step towards the consolidation of democracy in Albania”, said Bruce George, Vice-president of the OSCE Parliamentary Assembly and Special Coordinator for these elections designated by the OSCE Chairman-in-Office.

“The Central Election Commission’s professional and transparent conduct contributed significantly to the progress noted in these elections. Their distance from political party disputes was courageous”, said Jerzy Smorawinski, Chairman of the delegation of the Council of Europe’s Parliamentary Assembly.

“The media assumed an important role in this election campaign and a large spectrum of media gave voters the opportunity to make an informed choice”, added Doris Pack, Head of the European Parliament delegation.

The campaign took place in a generally peaceful atmosphere. A total of 28 parties took part and fielded some 2,000 candidates. The most contentious issue was the attempt to field party affiliates as independent candidates, aiming to increase the number of compensatory mandates allocated to parties. Other shortcomings observed include inaccuracies in the voter lists, and excessive deviations in the number of voters registered in some electoral constituencies.

Election day was largely peaceful, except for a handful of isolated violent incidents. The voting and counting process was relatively positive. However, despite the best effort of polling commissions in most areas, their lack of training and disorganization were evident on election day. Also, disputes among polling and zone commission members and other procedural difficulties will force reruns in one out of 100 constituencies and a limited number of polling centers in others. The voter turnout was reported around 60%.

“The final assessment on whether these elections will bring Albania closer to international standards depends on the tabulation of results for the first round, and the conduct of the second round on 8 July, as well as on the process of allocating the compensatory mandates and the role which the Central Election Commission and the courts play in this process”, concluded Nikolai Vulchanov, Head of the OSCE/ODIHR Election Observation Mission in Tirana.

Mission Information

The International Election Observation Mission is a joint undertaking of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), the OSCE Parliamentary Assembly (PA), the Parliamentary Assembly of the Council of Europe and the European Parliament.

An OSCE/ODIHR Election Observation Mission with 10 election experts in the Tirana headquarters and 18 long-term observers deployed to the regions was established in late May to assess the legal framework, the election administration, the media environment, and conditions for the election campaign. For election day, the International Election Observation Mission has deployed over 270 short-term observers from 30 countries, including 39 from the OSCE PA, 17 from the Council of Europe’s Parliamentary Assembly and 7 from the European Parliament, from across the political spectrum. Also, the Organisation International de la Francophonie contributed 14 observers for election day. International observers monitored the voting and counting procedures in polling stations and election commissions across Albania.

For further information, please contact:

• Nikolai Vulchanov, Head of Mission of the EOM in Tirana, +(355 4) 230979, -232523, -232524, -232525

• Jens-Hagen Eschenbächer, OSCE/ODIHR Spokesperson, +48-603 683 122

• Jan Jooren, Press Counsellor, OSCE PA, +45 40304985

• John Hartland or Vladimir Vronov, Parliamentary Assembly of the Council of Europe, +33 607 427298

• Sabina Mazzi-Zissis, Administrator, European Parliament, +32-496 599 473

ANNEX D

Tirana 25.5.01

 

 

COUNCIL OF EUROPE PARLIAMENTARY PRE-ELECTION MISSION GIVES ITS ASSESSMENT

 

 

A cross-party group of Council of Europe parliamentarians ends a three-day visit today at the invitation of the Albanian Parliament and the Central Election Commission to assess the political and administrative framework and the state of preparedness of the country for the 24 June parliamentary elections:

 

Ms Irena Belohorska       EDG       Slovakia

Mr Drazen Budisa       LDR       Croatia

Ms Jenny Jones       SOC       United Kingdom

      Mr Jerzy Smorawinski       EPP/CD       Poland

      Mr Soeren Soendergaard       UEL       Denmark

 

The group met representatives of the major political forces and the administrative authorities in Tirana, Skodra and Vlora. Exchanges were held with the Central Election Commission at the outset and the conclusion of its visit.

 

While confident that a great effort has been made to make the election a success, the group is aware of continuing difficulties, notably finalisation of the voter registration list and clarification in time for the election of how the electoral code will be interpreted for the proportional allocation of seats in parliament.

 

The group is also aware of allegations, reflecting a highly polarized political climate, which if true could cause the integrity of the democratic process to be questioned.

 

The group urges all voters to check that they are entered accurately on the lists. The means are available for them to do this.

 

The group expects the appropriate authorities to ensure that the principles of interpretation of Article 66 of the Electoral Code will be clarified well in advance of the election.

 

Considering that the main source of continuing difficulties and delays has been the lack of cooperation between the major political forces, the group calls on all the political parties in Albania to cooperate fully in the election process.

 

The Council of Europe will send a 24 member parliamentary delegation to Albania to observe the elections on 24 June, in the framework of the International Election Observation Mission being established by the OSCE and its Office for Democratic Institutions and Human Rights. The group has already reported its impressions and concerns to the Central Election Commission of Albania. 

1 Doc. 9150

2 These annexes also give the composition of our delegations, which were greatly helped by the Election Observation Mission of the OSCE’s Office for Democratic Institutions & Human Rights (ODIHR) and by the Office of the Council of Europe’s Special Representative.