Accusations and Counter-Accusations Do Not Justify

Delays in Improving Electoral Legislation

Tirana, February 15, 2006

The Albanian Helsinki Committee regretfully finds that from the publication of the OSCE/ODIHR November 7, 2005 report on the July 3, 2005, elections, with the exception of the special parliamentary committee, no concrete step has been undertaken.

Almost all political forces have spoken out for the implementation of OSCE/ODIHR recommendations, but to date, they have not gone beyond general declarations.

Small political parties claim that the two largest parties seek to dominate decision making for narrow party interests, whereas the two largest parties continue to make accusations and counter-accusations toward each other about the delays.

In the opinion of the AHC, such attitudes are a continuation of the past. They are an expression of the lack of political will. All OSCE/ODIHR reports, while making various recommendations for amendments to the Electoral Code, there has been constant emphasis on the lack of political will. It is exactly the lack of such political will that has had a negative impact on fair elections, thus leading to failure to achieve required standards.

In AHC’s view, it is an immediate need that the special parliamentary commission on electoral reform be made functional.

The AHC is aware of the need to intensify reforms, particularly in some priority areas. Nevertheless, we are of the opinion that reform in the field of electoral legislation is of special significance.

All accept that the elections’ will was deformed due to the “Dushk” phenomenon. Nevertheless, to date, nothing concrete has been suggested for its prevention. There may be discussions on changes to the electoral system, or other interventions in the Constitution, but if preparations for the election of local government bodies are delayed, consequences may be harmful because guaranteeing elections according to international standards may be put to question.

To that effect, the AHC is aware of the fact that it is not recommendable to make changes to the Electoral Code during the six-month period before the elections.

The AHC deems it necessary to appeal on parliament, which is the highest lawmaking body, and on all parliamentary parties that have representatives in the special commission on electoral reform, to resolve issues that are partially of a procedural character, with consensus and tolerance.

The electorate follows attentively the attitudes of every political party in this field. It is very sensitive and does not delay with delays that may affect the normal conduct of the coming elections.

It would be unpardonable to conclude at the end of the local elections that those elections were free but were not fair at a time when it is well known that it is exactly fairness that represents the main element of required standards.