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We
are late: 13 days away from election day
15.06.2009
Informed by its observers
that many Voting Center Commissions had not been
established, during June 10 13, the Albanian
Helsinki Committee conducted a partial
observation to take a close look at the
functioning of ZEACs and the establishment of
VCCs.
The monitoring was carried
out Tiranė (ZEACs No. 49, 43, 48, 56, 46, 54,
51, 55, 47, 48, 52 and 50), Vlorė (ZEACs No. 63,
61), Elbasan (ZEACs No. 12, 13, 14), Fier (ZEAC
No. 18), Gjirokastėr (ZEAC No. 25), Durrės
(ZEACs No. 8, 9, 10), Korēė (ZEAC no. 28),
Shkodėr (ZEAC No. 40, 41) and in Kukės (ZEAC No.
34), a total of 26 ZEACs.
According to the timetables
posted at the ZEAC working premises, it resulted
that they should be open from 8:00 13:00 and
16:00 18:00. Nevertheless, although several
visits were conducted to 11 ZEACs, the doors
were closed an no information was posted
regarding a different timetable or
non-compliance with the existing ones.
It is worth mentioning that
as a result of the withdrawal of some members of
ZEACs and the failure to replace them, the
functioning of ZEACs was not complete. In some
ZEACs, e.g. no. 61, Vlorė, as a result of the
absence of a quorum, decisions could not be
made.
With regard to training for
ZEAC members, it resulted that only the first
phase had been conducted.
AHC suggests to the CEC to
accelerate the second phase training,
considering that the training of VCC members
should begin soon.
The establishment of VCCs
(about 4700 VCCs with 32,900 members and 4,700
secretaries) is a problematic and disturbing
issue.
During observation at the
ZEACs, it resulted that until June 13, 2009, in
ZEACs No. 53, 48, 52, 50 (Tiranė), ZEACs no. 63,
61 (Vlorė), ZEACs No. 12, 13, 14 (Elbasan),
Dropull Commune (Gjirokastėr), and ZEAC no. 8
(Durrės) VCC members and secretaries had not
been appointed yet.
The main reason was the
respective political parties (electoral
subjects) failure to submit their proposals.
AHC deems it necessary to
emphasize that according to article 36 of the
Electoral Code, proposals for members and
secretaries of VCCs should be submitted to the
ZEACs no later than 45 days before election day
(i.e. no later than May 15, 2009) whereas their
appointment by the ZEACs no later than 20 days
before election day (i.e. no later than June 8,
2009).
AHC is of the opinion that
this marked delay will have a negative impact
not only on formal verifications by ZEACs of the
criteria and conditions that VCC members and
secretaries should meet, according to articles
37 and 38 of the Electoral Code, but also on the
inqualitative or lack of training of VCC
members, considering their large number.
Regarding the above issue,
AHC found that part of the ZEACs did not possess
certifications or documents required by the
above provisions of the Electoral Code regarding
appointed VCC members and secretaries.
We also encountered cases
of data submitted by political parties not being
verified, e.g. whether they completed at least
high school education, are residents inside the
respective constituency, whether disciplinary
measures were taken toward them in previous
electoral processes, etc.
Cosndiering the above
findings and the fact that only we are only 13
days away from the June 28, 2009 elections, AHC
considers it necessary to:
-
Call upon the
respective electoral subjects to immediately
submit their proposals for VCC members to
the ZEACs
-
Calls upon all ZEACs to
not appoint VCC members and secretaries
without complying with Electoral Code
provisions dealing with compatibility with
the duties of the VCC member and secretary
and conditions for their appointment
-
Suggests to the CEC
that it exercise control, pursuant to its
competencies (article 21, item 3 of the
Electoral Code), regarding respect for the
official hours by the ZEACs and a rigorous
implementation of the relevant Electoral
Code provisions.
In closing, AHC deems it
necessary to stress that further delays in the
establishment of VCCs could have a negative
impact on their fulfillment of their legal
duties on election day.
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