PARLIAMENTARY ELECTIONS 2005 AND HUMAN RIGHTS IN ALBANIA

Transcription

1 ALBANIAN HUMAN RIGHTS NETWORK and Children s Human Rights Centre of Albania PARLIAMENTARY ELECTIONS 2005 AND HUMAN RIGHTS IN ALBANIA A NATIONAL REPORT FOR THE PARLIAMENTARY ELECTIONS 2005 AND PROMOTION OF HUMAN RIGHTS BY POLITICAL PARTIES IN ALBANIA Compiled by: ALTIN HAZIZAJ DECEMBER 2005

2 This report is compiled and published by the Children s Human Rights Centre of Albania (CRCA) in cooperation with the Albanian Human Rights Network (ACRN). The compilation and the publication of the report are funded by the Olof Palme International Centre and SIDA (Swedish International Development Agency), as part of the Programme Promotion of Democracy through Political Parties in Albania. Copyright Notice This publications is a copyright 2005 of the Children s Human Rights Centre of Albania (CRCA) (CRCA 2005 Tirana / Albania) All the readers are encouraged to print, copy or distribute parts of this publication, but always giving the proper attribution to the Children s Human Rights Centre of Albania - CRCA. This publication may not be sold without written consent and permission of CRCA. Opinions expressed in this publication do not necessarily express or represent the policies or opinions of CRCA, those of Palme Center or SIDA. Funded by: Palme Center dhe SIDA Published by CRCA, Tirana 2005 Children's Human Rights Centre of Albania CRCA Mail address: P. O. Box 1738, Tirana / ALBANIA Office address: Pall. Shallvareve, Vila mbrapa Fushave te Tenisit, Kati 2, Tirana / ALBANIA Phone / Fax: crca@crca.org.al 2

3 CONTENTS OF THE REPORT 1. EXECUTIVE SUMMARY 2. ELECTIONS 2005: TIME FOR RESULTS AND COMPLAINTS 3. ELECTIONS CODE: DID EVERYTHING STARTED FROM THERE? 4. ELECTION CAMPAIGN 2005: BIG BOYS FIGHT? 5. ELECTIONS 2005: HUMAN RIGHTS, WOMEN AND CHILDREN 6. CONCLUSIONS 7. REFERENCES 3

4 LIST OF ACRONYMS AHRG Albanian Human Rights Group ACHR Albanian Centre for Human Rights AHC Albanian Helsinki Committee CRCA- Children s Human Rights Centre of Albania CLCI Centre for Legal and Civic Initiatives DP Democratic Party of Albania CEC Central Election Commission of Albania CT - Counting Teams ENEMO - European Network of Election Monitoring Organizations MND - Movement for National Development NGO s Nongovernmental organisations OSCE Organisation for Security and Cooperation in Europe ODIHR - Office for Democratic Institutions and Human Rights RP Republican Party of Albania SP Socialist Party of Albania SMI - Socialist Movement for Integration TVSH Albanian Public Television VCC - Voting Centre Commissions ZEC - Zone Election Commissions 4

5 ACKNOWLEDGEMENTS The Children s Human Rights Centre of Albania CRCA would like to thank for the preparation of this report: - Mr. Altin Hazizaj for the collection of data and information, analysis and inputs provided in this Report. - The Olof Palme International Center and SIDA Sweden, for the support of the CRCA programme Promotion of Democracy through Political Parties in Albania, and for the support for the preparation and publication of this report. - All the representatives of political parties and non-governmental organisations in Albania, for their extraordinary help and for making available to us information related to the issues included in this Report. - The Albanian Human Rights Network, especially Albanian Centre for Human Rights (ACHR), Albanian Human Rights Group (AHRG) and Centre for Legal and Civic Initiatives (CLCI), for their support of the programme Promotion of Democracy through Political Parties in Albania. - Ms. Kozara Kati (ACHR), Prof. Aurela Anastasi (CLCI) and Ms. Elsa Ballauri (AHRG), for their support of the programme Promotion of Democracy through Political Parties in Albania. - Mr. S. Thornton Barkley, for reviewing this report on several occasions and for continuously improving its contents. 5

6 1. EXECUTIVE SUMMARY On 3 July 2005 Albania held its fifth democratic parliamentary elections and sixth parliamentary elections since the fall of Communist system in In the opinion of many observers, these elections where the most important, after the one of 1992, when the first opposition party came to power in Albania. The Parliamentary Elections in Albania were also important for the citizens of Albania, for two reasons. Albania wants to join the European Union and all the political parties have turned the issue of European integration into a major political objective o the country. However, corruption, organised crime and trafficking have been a thorn for many successive Albanian Governments, especially that of Mr. Fatos Nano, the Socialist Prime minister. Secondly, political parties of the opposition have always claimed that elections have not been free and fair from 1996 onwards. Often they have cited the lack of appropriate voting lists, manipulation of elections results or corruption of election officials. Based on this background in the Parliamentary Elections of 2005 was a test for the Albanian Government and political parties ability to organise free and fair elections. As the people woke up on the morning of 4 th of July, which ironically corresponded with Independence Day in the United States, it was clear that the major opposition group, Democratic Party of Albania, was the winner of the Parliamentary Elections A few hours before an election observer in Tirana was murdered, while monitoring a polling station. In other cities, election officials refused to count the votes, and claims of irregularities were sent to the Central Elections Committee (CEC) from all sides of the politics. A two-month long process of voting counting, complaints, hearings and trials, made it impossible for the Central Elections Commission to declare the official results of the Elections. The Democratic Party was able to enter the Albanian Parliament as the winner of elections and the governing party only in early September 2005, after most of the complains were settled and the Socialist Party had accepted that they were the losers. In this report, we would like to bring once more to the attention of all interested parties, whether political or non-political, the process and facts that accompanied the Parliamentary Elections 2005 in Albania, approached by the scope of human rights, women s rights and children s rights. This report takes into consideration many of the facts from pre-election, election and post-election period and analyses them, by providing an understanding that human rights not always can make it to the top of the political and public agenda, if the political actors do not take the necessary steps. Often women and children appear more as a nice little background, almost an oeuvre d art of electoral meetings, rather than a priority of public policy and political manifestos. The report also focuses on the facts and conclusions of OSCE, CEC and other organisations that monitored the Parliamentary Elections of 2005 in Albania. Based in their conclusions, we have tried to draw also some conclusion for future parliamentary elections, which concentrate more on the perspective of bringing human rights into the agenda of the political parties. This report would not been made possible without the extraordinary support of the Olof Palme International Center and SIDA Sweden, which funded CRCA to implement the project Promotion of Democracy through Political Parties in Albania in partnership with the Albanian Human Rights Network ACRN. 6

7 2. ELECTIONS 2005: TIME FOR RESULTS AND COMPLAINTS 2.1 POLITICAL BACKGROUND OF THE PARLIAMENTARY ELECTIONS On 3 July 2005 parliamentary elections were held in Albania, representing the sixth elections, since the establishment of multi-party politics in Albania in The two largest parties, the Socialist Party (SP) and the Democratic Party (DP) have dominated the political scene since then. Frequently, their rivalry has been intense, based on a mutual lack of trust, and at times antagonistic. In recent years this has caused political deadlocks, often resolved through the facilitation by international institutions, notably the OSCE. 1 The last parliamentary elections were held in 2001 and local elections were held in Both processes were protracted and contentious with repeated elections in a number of constituencies due to irregularities. In 2001, the SP led by Mr. Fatos Nano, received a majority of seats (73). It formed a coalition government and enjoyed parliamentary support from 13 MPs elected from four other parties and two MPs elected as independent candidates. The DP, led by Dr. Sali Berisha, and other opposition parties gained 52 seats. The DP considered the 2001 elections to be characterized by fraud and boycotted the main institutions, including the Parliament. In February 2002, a less confrontational phase commenced, which led to the opening of discussions on a reform of the electoral framework, and to the consensual election of Mr. Alfred Moisiu as President of Albania by the Parliament in the summer of A month after the election of the President, SP Chairman Fatos Nano became Prime Minister. In the autumn of 2004 former SP Prime Minister Ilir Meta, broke away from the socialist parliamentary group and founded the Socialist Movement for Integration (SMI). The SMI was then represented in parliament by 9 MPs elected in 2001 as candidates of the SP. Since 2004, the LMP has formed an alliance with the Renewed Democratic Party to form the pro-monarchist Movement for National Development Leka Zogu I (MND). 2.2 OBSERVATION OF THE ELECTORAL PROCESS OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) was invited to observe the 3 July 2005 election process. An Election Observation Mission (EOM) was formally established on 18 May, headed by Mr. Jørgen Grunnet. The EOM consisted of 40 election experts and long-term observers (LTOs) based in Tirana and 11 other cities. Overall EOM deployed 408 observers in Albania from 36 OSCE participating States. Civil society and non-governmental organisations have played an important role in the observation of electoral process and the application of international standards by election officials. For the Parliamentary Elections 2005, a high number of domestic non-partisan observers were accredited for the 3 July elections. The main organisations accredited by the CEC were the Domestic Observer Forum, led by the Albanian Coalition Against Corruption as well as the Albanian Youth Council, which accredited 1 OSCE / ODIHR Election Observation Mission Report, Albania, November

8 around 2,500 and 1,000 observers, respectively. Other human rights organisations such as the Albanian Helsinki Committee 2 and Albanian Human Rights Group also accredited more than 150 Albanian and foreign observers with CEC. 2.3 STANDARDS OF THE PARLIAMENTARY ELECTIONS OSCE / ODIHR statement on Albanian elections 3 The 3 July 2005 parliamentary election complied, only in part, with OSCE commitments and other international standards for democratic elections, and marked some progress in the conduct of elections in Albania. It was a competitive contest and voters were offered a wide electoral choice from a range of political parties. Yet, the process was again protracted and at times uncertain. Major parties mounted highly visible campaigns. The electronic media were generally balanced in their coverage of electoral subjects and strived to meet their legal obligations. However, they provided the two largest parties with more than their legal entitlement and were inconsistent in the coverage of smaller parties. Despite a generally calm campaign, a few incidents occurred including a fatal shooting on election day. While there is room for further improvement of the legal framework, the law is overall conducive for the conduct of democratic elections. However, the major political parties are yet to demonstrate political will and responsibility commensurate with the broad authority granted to them for the electoral process. This was particularly evident in the parties approach to the election administration, the full respect for citizens fundamental freedoms, and the implementation of electoral strategies to maximise electoral gains. These strategies undermined the constitutional objective of proportionality to the closest possible extent of the electoral system, which remains open to abuse and should be reformed in an inclusive manner. Voter lists remained a contentious issue. Nevertheless, with a few exceptions, observers did not detect deliberate attempts to disenfranchise voters or otherwise manipulate voter lists for political gain. The conduct of the voting demonstrated only limited progress. In many cases, VCCs did not have sufficient respect for correct procedures, particularly regarding the use of ink to prevent multiple voting, the secrecy of the vote and the checking of voters identity. Fewer voters were turned away from polling stations because their names did not appear on voter lists. The counting of votes was often contentious and took considerably longer to complete than foreseen in the law. While some delays were attributable to fatigue, most were caused by obstruction of the process. As the count progressed, observers reported a number of serious irregularities in some zones including cases when votes were not counted honestly. 2 Preliminary report on the progress of the general elections process of July 3, 2005 in Albania. Albanian Helsinki Committee. 3 OSCE / ODIHR Election Observation Mission Report, November

9 2.3.2 ENEMO statement on Albanian elections 4 The 2005 Albanian Parliamentary Elections were conducted in a fair manner, almost complying with some of the international standards of democratic elections. Nonetheless, there were reported a series of irregularities and flaws that might cast doubt over the electoral process. Voters lists, cases of violence and intimidation, and problems with the management of the voting and counting procedures are issues that have to be improved before the next elections AHC statement on Albanian elections 5 The general elections of 3 rd of July were held in a generally calm situation, although there were some incidents verified in various areas. The political parties violated the Code of Conduct even in these elections, during their electoral campaign and during the Election Day, although they fully acknowledged it beforehand. There were cases of commissioners demonstrating a lack of responsibility and political will during the Election Day, which meant that in some voting centres, the electoral process was not held and voters did not cast their ballots. In many observed voting centres it was noted the phenomena of family voting and disabled and aged voters were not facilitated in exerting their right to vote. AHC observers noted that although the Electoral Code foresees all the possible facilitations for this category of voters to exercise their right, again their will was impaired. Our observers identified cases of disabled or aged voters not being allowed to vote or when they did so they were helped by a member of the commission or one voter helping more than one citizen of this category. The AHC hails especially the interest shown by the Albanian electorate to become part of the electoral campaign and of the electoral process. With their massive turnout in such important elections, Albanians showed their maturity and the level of civil responsibility in meeting the standards for free, fair and democratic elections. 2.4 PRE AND POST ELECTION COMPLAINTS Pre-election complaints OSCE / ODIHR in its report note that political parties, coalitions, and candidates had the right to seek judicial review of a CEC decision by submitting a request to the Electoral College of the Court of Appeals of Tirana. Prior to election day, 34 appeals against CEC decisions were filed with the Electoral College. The Court overturned nine CEC decisions, returned two to the CEC for additional consideration, and either dismissed or upheld the remaining appeals. 4 ENEMO Report on the Albanian Parliamentary Elections 2005, 5 Preliminary report on the progress of the general elections process of July 3, 2005 in Albania. Albanian Helsinki Committee. 9

10 2.4.2 Post-election complaints The CEC received 281 appeals against results decided by ZEC s, and 107 requests to invalidate election results. Almost all were rejected. Appeals against 99 CEC s decisions were filed with the Electoral College. With two exceptions, these were unsuccessful. The CEC did not consider 96 appeals against election results on procedural grounds. Of the remaining 185, most were adjudicated by the CEC before it heard the requests on invalidating the elections largely because requests to invalidate results in specific zones were filed after the CEC heard the original appeal. The large majority of the appeals and requests to invalidate election results lacked merit and reflected a refusal to accept electoral defeat OSCE / ODIHR statement on post-election complaints 6 Often, parties or candidates were unable to provide any substantial evidence to support their claims or did not request that potentially relevant evidence be taken into consideration. The few substantive cases were buried under the weight of the numerous unfounded claims. Consequently, the CEC faced a considerable challenge to adjudicate claims within the timeframe provided by law. While many appeals were straightforward, it appeared that some CEC decisions were taken hurriedly. In the few substantiated appeals, the stringent evidentiary requirements of the Civil Procedure Code, and the importance placed upon documenting violations in the ZEC Record Book, prevented appellants from receiving an effective legal remedy. From this perspective, decisions on these cases did not satisfy OSCE commitments and international standards. This was particularly noticeable in cases involving disputes within parties. In such cases, credible evidence was presented concerning violations during the vote count or tabulation of party list results in specific zones. However, they were not considered for procedural reasons, and the CEC and the Electoral College were formalistic in their approach. The CEC declined to use fully its powers of inquiry, e.g. by conducting an examination of all evidence presented or recounting ballots. The CEC did not consider seven of the 107 requests to invalidate elections, because they were not in the correct legal format. Most cases were requests to invalidate results in specific zones, usually the single mandate contest. The CEC heard invalidation requests between 14 and 26 July. As for appeals against zone election results, many invalidation requests clearly lacked merit. Many parties or candidates simply used the provisions allowing for filing an invalidation request as a second chance appeal process when the CEC had already rejected an appeal. In general, the CEC adjudicated invalidation requests fairly and did not show a bias towards or against any stakeholder. During the hearings, it summoned over half of all ZECs to Tirana for consultations. Most requests were rejected by a solid majority of CEC members. However, as for appeals, the CEC decided against examining ballot papers or voter lists, as requested by some appellants. Repeat voting was ordered in the three zones. Concerning the party list election, most appellants were unable to provide evidence that the election had been manipulated to an extent that would have influenced the allocation of mandates. However, occasionally appellants did prove significant irregularities during voting, counting or tabulation. 6 OSCE / ODIHR Election Observation Mission Report, November

11 2.5 RESULTS OF THE PARLIAMENTARY ELECTIONS 2005 BOX 1: PARLIAMENTARY ELECTIONS RESULTS 2005 PARTIES IN ELECTED TOTAL PARLIAMENT MAJORITY PROPORTIONAL Democratic Party Socialist Party Republican Party Social-Democrats 7 7 Socialist Movement for Integration Reformed Democratic Party 4 4 Agrarian Party 4 4 Democratic Alliance 3 3 Human Rights Party 2 2 Demo-Christians Party 2 2 Party of Socialist-Democracy 2 2 Democratic League 1 1 Independent MP 1 1 TOTAL The Albanian Parliament has 140 deputies, from which 100 are elected directly (simple majority) and 40 by proportional representation. The Central Election Commission officially declared publicly the results of elections only on 1 September 2005, two months after the first voting. This delay caused DP leader, Sali Berisha to complain publicly against CEC and the way it was working. The next day the Mr. Alfred Moisiu, President of Albania, called the new session of the Albanian Parliament, which brought to power the Democratic Party of Albania, eight years after the collapse of their government from the pyramid schemes and public unrest. At present, the members of the Albanian Parliament are divided as following: Democratic Party 56 MP s, Socialist Party 42 MP s, Republican Party 11 MP s, and Social Democratic Party 7. Other smaller parties received between 5 and 1 MP s, based on the percentage of votes won during the elections. 7 7 Official Results of Parliamentary Elections 2005 by the Central Election Commission, 11

12 3. ELECTORAL CODE: DID EVERYTHING START FROM THERE? 3.1 POLITICAL BACKGROUND TO THE ELECTORAL CODE 2005 In 2004, the OSCE/ODIHR and the Venice Commission of the Council of Europe had issued Joint Recommendations to improve the legislative framework in order to meet OSCE commitments and other international standards. With the support and pressure from OSCE, the two largest political parties of Albania (SP and DP) agreed to form a bi-partisan commission in order to reform the Albanian Electoral Code of 2003, which was contested by the opposition and other smaller parties at that time. However, the Commission did not include smaller parties, and somehow everything was decided between the two heavy weights of party politics in Albania, SP and DP. Since the two parties had the majority of votes in the Parliament, the input of smaller parties at the Code was rather non-existent or was not taken into consideration. The Electoral Code was subsequently amended in October 2004, January 2005 and April The amendments, some of which addressed the Joint Recommendations, brought about several changes, in particular concerning the election administration, the compilation of voter lists, the criteria for establishing electoral zones, the counting process and the handling of complaints and appeals. These changes were largely devised through a bi-partisan process comprising the SP and the DP CENTRAL ELECTION COMMISSION (CEC) Parliamentary elections in Albania are administered by a three-tiered election administration: the Central Election Commission (CEC), 100 Zone Election Commissions (ZECs), and 4,764 Voting Centre Commissions (VCCs) were established in In addition, up to five Counting Teams (CTs) were established in each electoral zone to conduct the vote count in 100 Counting Centres (CCs). The CEC is a permanent body composed of seven members. The members have a seven-year mandate. Political parties exert considerable influence over the composition of the CEC as they nominate members for appointment. 3.3 LEGAL BACKGROUND TO THE ELECTORAL CODE 2005 According to the Electoral Code, six parties nominate the entire membership of ZECs and VCCs. These parties are granted the unrestricted right to replace ZEC and VCC members at any time for any reason. They may delay submitting the list of nominees to vote counting teams until only two hours before the close of polls. Arguments in favour of such legal privileges are usually presented as ways to counter possible attempts to buy election commissions members. However, such privileges enable parties, particularly the two largest ones, to exert a high degree of influence on the stability, professionalism, independence and impartiality of the election administration, and consequently create possibilities for a negative impact on the election process. 9 8 OSCE / ODIHR Election Observation Mission Report, November OSCE / ODIHR Election Observation Mission Report, November

13 The Albanian Helsinki Committee in its report of Parliamentary Elections 2005 writes Not only were the amendments to the Electoral Code much delayed, but also the law on the division of electoral constituencies was only approved at the beginning of March 2005, resulting to some extent to delays in the establishment of ZECs. Furthermore, there were delays in the preparation of preliminary voters lists, their publication and in the registration of electoral subjects. These processes were often associated with fierce political debates. The Electoral Code favours certain parties e.g. it provides that CEC members are appointed from among only the parties of the left or the right political wing. This discriminates against parties not clearly affiliated with either political wing. Additionally, non-parliamentary parties do not have the right to receive copies of official results protocols from ZECs and smaller parties face restrictions in conveying campaign messages e.g. in the area of paid political advertisements in the private electronic media, where the Code grants larger parties the right to purchase double the amount of airtime of smaller parties. 3.4 VOTING LISTS AND REGISTRATION: THE ACHILLES HEEL The accuracy of voter lists was the hottest political issue during the pre and post-election period. Before the parliamentary elections the largest opposition Democratic Party, complained often about the accuracy of the voter lists, after the elections it was the turn of the governing Socialist Party to complain. OSCE / ODIHR observers reported that few voters checked their data on the final voter lists, and even less sought to obtain a court decision. Notwithstanding imperfections in the process, efforts to improve voter lists were welcome, significant and largely successful. However, the continued inaction of the Albanian authorities in reforming and modernising the civil registration system, introducing a uniform system of addresses of buildings, and issuing personal identification documents lessened the significance of the efforts. AHC observed that according to the Electoral Code (Article 64/2, point 2) the preliminary lists had to be published not later than 31 st of March In the districts monitored by AHC, the preliminary lists were published few days after the deadline expired. After the publication of the preliminary lists, the leaders of local government units had to inform the voters in a written form. On the other hand, there was certain indifference on the side of the voters to check on time if their names were in the preliminary lists and to ask for the possible necessary changes to be made if their name did not appear in the final lists. OSCE / ODIHR observers noted only a few serious problems with the accuracy of voter lists, some reported significant deficiencies in specific zones. In zone 33, a high number of citizens legitimate requests to be included in the final voter lists were not acted upon. In the same zone and zone 38, serious concerns were raised over the potential disenfranchisement of students omitted from the preliminary and final voter lists based on apparently political motives. In the later stages of the pre-electoral process, a controversy arose over the issuance of birth certificates, one of the three types of documents by which citizens can prove their identity. On 27 June, the CEC responded by adopting an instruction obliging civil registry officers to keep records of certificates issued for voting purposes, requiring VCCs to retain the certificates shown by voters to prove their identity, and declaring invalid certificates with certain serial numbers corresponding to batches of blank certificates which had become unaccounted for. On 1 July, in a separate decision, the CEC decided that if at least two VCC members questioned a voter s identity, that person would only be allowed to vote if he or she produced an additional official identity document containing a photograph. 13

14 Still at the time of writing of this report the voter lists and birth certificates remained one of the main reasons stated by the Socialist Party for loosing the elections and consequently a fall from power. However few steps have been taken so far to improve the registration of voters and respectively the lists. 4. ELECTION CAMPAIGN 2006: BIG BOYS FIGHT? It is a renowned fact that political life during the last 15 years in Albania has been dominated not only by two major political parties, but also by their respective leaders. Mr. Fatos Nano of the Socialist Party and Mr. Sali Berisha of the Democratic Party, they are often referred to as the big boys of Albanian politics. In June 1997, Berisha left the Government in the hands of socialist leader Fatos Nano. Eight years later, on 1 September 2005 Nano left his Prime-ministers office to the forthcoming winner of elections, the Democratic Party leader Sali Berisha. In his last statement issued from his office Mr. Nano said: "The State was not involved in the elections and never tried to manipulate in any case the results. Unfortunately this moral and political fact was heavily broken by the Democratic Party. 4.1 CAMPAIGNING COSTS MILLIONS. WHERE DID THE MONEY COME FROM? One of the mysteries of the Parliamentary Elections 2005 were the finances of political parties. The campaigns by two major parties, in the opinion of many analysts, should have cost several million Euros. Although all political parties receive a grant from CEC for the organisation of campaigns, based on their percentage of votes, the amounts granted by the Commission do not present the obvious high costs seen during the campaigns. So where did the money come from? Did they come from family and friends? Or party funds? Or friendly business people? Corruption maybe? No one knows. The American style of campaigning was the only thing that voters saw during the Parliamentary Elections The CEC allocated 60 million Albanian Lek (approximately 480,000) for parties. In addition to public funds, electoral subjects can receive private donations of up to 1 million Lek ( 8,000) per donation. Some candidates have informed observers that they are self-financing their campaign. Observers in some zones were highly critical of candidates approach to campaign expenditure, in particular the financing of infrastructure projects such as road building, it was claimed from personal funds. 10 Few weeks later, Citizens Advocacy Office, an Albanian NGO that works on anti-corruption initiatives, declared that one of the reasons why Parliamentary Elections 2005 were not free and fair was the lack of transparency of private funding sources for political parties and the actual election system, which favours the corruption of elections. In CAO s opinion the Elections of 3 July, saw the organisation of the most expensive electoral campaign in the history of Albania. 11 Meanwhile the AHC said An impression in this electoral campaign made the great expenses of electoral subjects in their campaign, especially those pertaining to the great parties. AHC encourages the application of the legal provisions regarding the verification of the sources of the funds used in this electoral campaign. 10 OSCE / ODIHR Election Observation Mission Report, November A window to transparency a Report of the Citizens Advocacy Office, November

15 4.2 PARTIES AND CANDIDATES In the election zone contests, candidates must register with the respective ZEC. Candidates of parliamentary parties and sitting MPs elected as independent candidates are not required to submit support signatures, while candidates of non-parliamentary parties and independent candidates must submit the signatures of 300 voters registered in the zone where they intend to stand. In total were registered 1,235 candidates in the 100 single mandate zones. Prior to the election, the DP concluded written agreements with the seven parties to form a coalition, whereby the DP and each of the seven parties in the coalition would register at least one candidate for the single seat contest under the banner of the DP. Indeed, formally, the DP fielded 100 candidates, as required by law, 15 of these were nominated by DP allies parties, in accordance with the above mentioned agreements. For the party list contest, the DP and its coalition registered separate candidates lists. It is noteworthy that the list of the RP, a party of the coalition, contained the names of 30 DP members, including MPs in the outgoing Parliament elected as DP candidates in The SP registered 100 candidates in the election zones. However, in many zones, the SP s allies also registered candidates for the single-seats. The SP and its five allies also registered separate multi-name lists for the 40 national supplemental seats contest. 4.3 ELECTORAL CAMPAIGN Prior to the start of the official campaign, sixteen political parties signed a Code of Conduct initiated by the President of Albania. The signatories pledged to abide by the law and exercise restraint during the campaign. The campaign was highly visible and a large number of campaign events took place. It provided the electorate with a large volume of political information. Compared to previous elections, candidates and parties devoted more time to promoting their own political platforms than to verbally attacking rivals. While the campaign of the SP and DP were the most intense, the SMI was also active. The RP openly encouraged their supporters, including on billboards, to vote for the DP candidates in single seat contests. Despite the absence of a formal electoral coalition agreement between the SP and its allies, prior to the election EOM observers reported repeated calls from politicians within the SP and allied parties to vote for SP majority candidates in the single mandate zones and for allied parties candidate lists. Similar calls were observed on the broadcast media and campaign leaflets distributed within individual single mandate zones. 13 Albanian Helsinki Committee noted that at the beginning the climate of the electoral campaign was relatively calm. A positive development in comparison to the last elections was the organisation of TV debates and the presentation of party programs and alternatives by each electoral subject. Despite a good beginning, the electoral campaign became tense especially in its last days before the Election Day, characterised by exchanges of mutual charges. In these days there were noticed violations of the Code of 12 OSCE / ODIHR Election Observation Mission Report, November OSCE / ODIHR Election Observation Mission Report, November

16 Conduct by both electoral subjects and their candidates. There were cases of incidents such as candidate posters being ripped off or clashes between the members of candidates electoral campaign staff. 4.4 MEDIA BEHAVIOUR DURING THE CAMPAIGN Prior to the commencement of the official campaign period, the media offered extensive election coverage, and TVSH granted the government favourable coverage 46% of all time devoted to politics. Other electronic media monitored by the OSCE / ODIHR tended to concentrate their coverage on the government and the SP and DP. Prior to the start of the official campaign period, SMI received approximately 10% of airtime devoted to politics on TV Klan and Top Channel s main news, but negligible coverage on TVSH and TV Arberia. In general, the electronic and print media provided comprehensive electoral coverage and a diverse range of political opinions. The main TV channels frequently aired current affairs programmes and political discussions focusing on the parties campaigns. Nevertheless, these programs tended to provide a forum mainly for the SP and DP, and to a lesser extent, for SMI and MND. Positively, a number of local TV stations also aired candidate forums. Regrettably, a long awaited televised debate between Fatos Nano and Sali Berisha did not take place. This was a missed opportunity for the two political leaders to present their views. As election day drew closer, the media carried voter information items and slots encouraging citizens to vote. 14 OSCE / ODIHR mission also noted that media failed to comply with the legal provision regarding the share of airtime between larger and smaller parliamentary parties. In fact, a disproportionately high amount of airtime was allotted to the SP and DP in all electronic media monitored. In addition, monitoring revealed that inequalities existed between the small parties, with some receiving considerably less coverage than others. These issues were frequently noted in the MMB s reports to the CEC and some requested compensatory airtime. However, public debate on the media s political balance tended to focus on the evenness of coverage between the DP and the SP. The SP placed the largest number of paid advertisements. Also the DP and the SMI extensively exercised their right to place paid campaign slots. Print media generally focused on the contest between the two larger parties, with some displaying an evidently partisan editorial line and harsh criticism. Meanwhile the AHC noted: generally speaking, the media covered the electoral campaign. Public awareness was good. There were some party TV spots using fierce language and violating the Code of Conduct. During the Election Day, the media offered a full coverage of this process. There were cases of the breach of the electoral silence by political subjects while issuing public statements in the media. 14 OSCE / ODIHR Election Observation Mission Report, November

17 5. ELECTIONS 2006: HUMAN RIGHTS, WOMEN AND CHILDREN 5.1 HUMAN RIGHTS Human rights are a new issue for Albania, especially for political parties. Although the communist regime was overthrown in the late 80s in the name of human rights, political parties never made the respect of human rights, women rights and children a major issue for the country and the public policy. For the purposes of this report, we reviewed several electoral manifestos of political parties during the parliamentary elections During the Parliamentary Elections 2005, almost none of the political parties promoted the respect of human rights, women and children, either in their election manifestos or in public speeches. The only political party that has a confusing passage on human rights in the elections manifesto is the Socialist Party. The Socialist Party of Albania welcomes the achievements in the field of individual freedoms and human rights in the Albanian democratic society and has in the centre of its programme and activities the further consolidation of these achievements. 15 It should come as no surprise the fact that human rights in Albania, are often violated by the politicians, once they come to serve in a public office. In our understanding, none of the political parties in Albania has a human rights commission or office, where party policy is prepared, debated, approved and issued. 5.2 WOMEN PARTICIPATION IN POLITICS Although the Parliamentary Elections 2005 produced one of the largest number of women participating in elections as MP candidates, at the end of elections, Albania produced the lowest numbers of women MP s. Out of 54 women candidates in majority, only 8 were elected. Later 2 women were elected as MP s by the proportional lists, making the overall number of women MP s 10, out of 140 MPs in the Albanian Parliament. Compared with the previous Parliament, there is one more woman MP. Women in the Parliament make only 7 percent compare to 93 percent of male MP s. Albania is considered as one of countries with the lowest number of women participating in politics and holding a public office. In a survey of Inter-parliamentary Union 16, Albania as a country is in 115-position out of 187 countries, and the last if compared with other South European countries. Otherwise the Party with most women as MP s is the Socialist Party (4 women), followed by Democratic Party (3), Social-Democratic Party (2) and Republican Party (1). It is difficult for a woman in Albania to participate actively in politics. Although there are positive models of women from all political parties, most of young women face a harsh political surrounding. The domination of the Albanian Parliament and politics by men makes the political language often harsh and violent, a model difficult to be followed by women. Often women in politics site the violence and language as one of their main concerns when entering into politics. 15 Programme of Socialist Party of Albania, 16 Inter-parliamentary Union, 17

18 Secondly, women organisation within the political parties is very weak. Most of the parties have women political forums, but they are seen more as a nice background for the party, rather than a tool for increasing women participation in politics. None of the women s forums within the political parties has a budget of their own. They depend largely on donations from business-women or the chairperson of the party. The policy-making process in these forums is very limited, and often is not taken into consideration by the executives of the party. Third, imposing quotas on women participation in politics represents a new public debate in Albania. The Electoral Code of 2005 did not impose any quotas for women. This was rather an issue that never made it to the discussions held between parties for the Code. Several parties before and after the elections initiated a process of quotas for women, but not always successful. In some cases, women were expressed against imposing quotas for women participation, as it showed that women were not successful and they needed the quotas to guarantee them a place in politics. Women candidates for MPs faced fierce competition during the election campaign Many women were placed in very tough electoral areas, or in front of very tough male candidates. When the male candidates were weaker, they used the negative language against women candidates, or raised questions on the moral values of women. 5.3 CHILDREN Political parties were more sensitive on children and their rights during the elections. Almost all the parties manifestos gave a special importance to family and children issues. In some cases, the parties had a policy in place for the improvement of children s rights situation in Albania, with special emphases on excluded children, children with disabilities or poor and marginalised families. The Socialist Party wrote in the manifesto the following statement: We engage to make possible that every family takes as prime responsibility the education of children. We are for the improvement of conditions in institutions for children with disabilities. In our alternative the society has the same obligations for children without parents, to treat them humanely, assist them for a better development and education. The Democratic Party also puts a special emphasis on children and their rights. The DP manifesto writes, No child will be left out and every child will receive the care that merits. A special attention will be given to children with disabilities or with disable parents. We would assist the families of children without a parent, or families with many children, by providing vocational training, grants and loans for new families or those with lots of children. 17 Meanwhile the Socialist Movement for Integration in its electoral manifesto writes that children are the future of every society. Their life conditions, family and community where they grow up, are factors that bring a change to their future. SMI aims for a society who provides care to children. We would work for their future through building an education system that takes into consideration their interests and differences, provides spaces for leisure, which protects children from exploitation and violence. 18 However, apart from the rhetoric, in reality children issues did not make it to the public agenda throughout the election period. In fact one of the major concerns that covered the campaigns for parliamentary elections 17 Democratic Party Manifesto, 18 Socialist Movement for Integration Manifesto, 18

19 2005, was the use of children for political purposes. Although many child rights organisations complained publicly about the use of children, nothing changed throughout the campaign. Children were the first to give flowers to leaders of political parties at their public rallies; they were first in line at all political meetings, although no one addressed them. It remains to be seen whether children s rights will be a priority for the public policy of the new Government and the political parties present in the Albanian Parliament. 6. CONCLUSIONS AND RECOMMENDATIONS 1. ORGANISATION OF ELECTIONS Conclusion 1: The organisation of the Parliamentary elections was not up to the required international standards of elections. Political parties or elections commissioners in voting polls did not facilitate the process, and all the parties complained of manipulation of lists or voting results. There is a large mistrust among all the political parties in the organisation of elections, and often this serves as a ground later on to declare the elections not free and fair, or not to accept the final results. The lack of cultivated political culture among parties made the parliamentary elections look more as a battle for sits in the Parliament, rather then as a battle of ideas and programmes to improve the life of citizens of Albania. Recommendation 1: Political parties shall assist by all possible means the process of the organisation of free and fair elections in Albania, by providing grounds for compromise and cooperation. The two largest political parties shall open a debate and seek to include other smaller parliamentary parties in the discussions for the new Electoral Code. Decision-making process for the improvement of the Electoral Code shall include all the political parties and no party shall have the power to veto the decisions. Recommendation 2: One of the major findings of the last parliamentary elections was the fact that local elections officials were lacking knowledge of the procedures of the Elections Code or they were under pressure of political parties to perform for the party, rather than the law. We recommend that the elections officials shall be fully independent from political parties and shall be selected on their party membership. The election officials shall be independent and have a good knowledge of Electoral Code. Training of elections officials at all levels of commissions shall be a priority for the Central Elections Commission. 2. VOTING LISTS Conclusion 2: The lack of proper and accepted voting lists posed a great threat to the organisation of free and fair elections. Although measures were taken to improve the lists, still political parties and citizens complained for their accuracy. The lists have been the Achilles heel for all elections organised after 1997 in Albania, and still no authority has been able to improve and make them acceptable to all the parties. Recommendation 3: The Albanian authorities shall improve the registration procedures of all Albanian citizens, including the emigrants, which during the last elections were left with no possibility for voting. The Albanian authorities shall take all the appropriate measures to facilitate the issuing of new ID cards, and give a special priority to the registration of minorities, people who have migrated within Albania and live in informal areas, and emigrants. 19

20 3. FINANCES OF POLITICAL PARTIES Conclusion 3: Finances of political parties can be considered as the black hole of information. Although all the parties, participating in the Parliamentary Elections 2005, promised publicly that they will issue their finances, in fact few of them declared the real income and expenses of campaigns, especially individual candidate MP s, raising doubts over their aim to fight corruption and money laundering in Albania. Recommendation 4: The Parliament in cooperation with all parliamentary political parties in Albania shall seek to improve the Law on Political Parties in Albania, especially articles related to financing of political parties and candidates. In the law, new funding procedures and standards shall be set, such as the maximum amount of funding from business people or sympathisers, registration of all funds given to the party and every candidate. A declaration form of funding and a final account shall follow, where the party and the candidates show how much funding they have received and how much they have spent during the electoral campaign. Establishing clear procedures of receiving funds and gifts will help the political parties and their candidates to work better against corruption and introduce better image to the public and the voters. 4. PROMOTION OF HUMAN RIGHTS Conclusion 4: The promotion of human rights was not a priority of the Parliamentary Elections 2005, although Albania has problems with the respect of human rights. Almost none of the parties brought to the public agenda proposals for policy and legislative improvement on human rights. This in our opinion shows that human rights are not part of the policy-making process within the political parties, and they do not necessary hold debates on how to improve the respect of human rights for citizens in Albania. Recommendation 5: The Albanian political parties shall make the respect of human rights a priority of party policy and debates. Human rights training shall become a tool for change in all political parties and shall be made available to new party cadres. Parties also shall consider cooperating with human rights organisations to debate on how to improve the respect of human rights in Albania. 5. PROMOTION OF WOMEN S RIGHTS Conclusion 5: The promotion of women s rights was one of the greatest weaknesses of the Parliamentary Elections Although women make up to 51 percent of the population, women s rights issues were not visible at all during the party campaigns. Political parties did not campaign to women s voters and the women candidates often were faced with patriarchal values and machismo during their campaigns. This raises doubts over the will of political parties to make women s rights issues heard. Recommendation 6: The political parties shall make the respect and promotion of women s rights and women participation in politics a priority of the public policy and legislation. Women from political forums and civil society shall bring their concerns on women s rights and women participation in politics to the public agenda. The issues and concerns of women, as the largest group of the Albanian society, that make 20