Will the ZEC-s be set up by March 3, 2005?!

18.02.2005

The Albanian Helsinki Committee (AHC), as one of the organizations that monitors periodic elections in Albania, is following with attention the preparations for the parliamentary elections of this year.

The AHC expresses its particular concern over the fact that the Albanian Assembly has not yet approved the division of constituencies. As a result, it is already difficult and even impossible to set up at the appropriate legally-required time the zonal election commissions (ZEC-s), which according to article 34 of the Electoral Code, should be set up not later than six months before the expiration of the mandate of the Assembly," that is March 3, 2005.

14 days are left until March 3, 2005. The draft law for the division of electoral zones has not been submitted yet to the Assembly of Albania. The AHC is of the opinion that even if the law is approved by the Assembly through accelerated procedures, the legal deadline for the setup of zonal electoral commissions will have been violated.

The Albanian Helsinki Committee reaches this conclusion based on the following arguments:

First, the commission of the Electoral Zone is appointed by the Central Election Commission based on the proposals submitted by the respective political parties. Political parties should take into consideration the incompatibility and legal conditions established by law for being a member and secretary of the ZEC (articles 34/1 and 34/2 of the Electoral Code);

Second, the CEC appoints ZEC members not later than 15 days upon submission of proposals, when it finds that the proposal is in keeping with legal requirements. 

Third, within 15 days following the submission of proposals, the CEC should conduct verification procedures on each of the 700 members and 100 secretaries of the ZEC-s.

Any formalism or haste in this regard could lead to appointments that are in contravention of the respective provisions of the Electoral Code. The AHC also keeps in mind that, according to recommendations of the OSCE/ODIHR and the Venice Commission, the training of members should have been done "not later than 180 days before the day of the elections" (Recommendations, Albanian translation, page 5).

It is clear to everyone that delays in setting up the ZEC-s will lead to delays in their training, at the end of which, according to the above-mentioned recommendations "they should be tested and those individuals that receive satisfying results will be 'certified' as election administrators."

The Albanian Helsinki Committee is of the opinion that the late set up and training of ZEC members could be accompanied by harmful consequences and would have a negative impact on the conduct of the elections.

The AHC is of the opinion that carrying out the duty to hold free, fair, and uncontested elections requires not only political will, but also a rigorous enforcement of the Electoral Code.

This is the reason that the AHC deems it necessary to call upon the political parties and particularly the two largest parties to achieve consensus on the division of electoral constituencies in order to serve the country's interests, and respect the Constitution and the law.

The AHC also suggests to the Assembly of Albania to demand the submission as soon as possible of the draft law on the division of constituencies for approval.