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Election observation report | Doc. 14392 | 04 September 2017
Observation of the parliamentary elections in Albania (25 June 2017)
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.
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
- 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.