PRESS RELEASE

  Regarding the progress of electoral reform in Albania

Tirana, 20 September 2004

GRAND Hotel

The Albanian Helsinki Committee has followed and continues to follow with special attention the preparations for the upcoming parliamentary elections, particularly those related to the improvements in the Electoral Code.

The Albanian Helsinki Committee, as a non-governmental organization that has monitored almost all elections held in the country, expresses its pity and concern over the marked and injustifiable delays with regard to changes that need to be made to the Electoral Code on the basis of recommendations by the OSCE/ODIHR and the Venice Commission.

Until today, no concrete results have been achieved in this direction, while it is known that according to recommendations by the OSCE/ODIHR and the Venice Commission, it is necessary that about 84 articles of the Electoral Code be reviewed or reformulated, which is approximately 46% of all the provisions of this Code.

For the Albanian Helsinki Committee, two are the major issues of concern:

First, the accurate and complete preparation of Voters’ Lists, in order to guarantee the exercise of the right to vote, as a fundamental right. In order to achieve this, political and consensual will are not enough. It calls for the drafting of an electoral code that will shut the doors to any manipulation and encourage the trust of not only electoral subjects, but of every voter as well.

According to article 55 of the Electoral Code in force, the civil registry offices, no later than 7 months before the end of the mandate of the Assembly (i.e. beginning from November 2004), should begin work to draft the preliminary lists. However, in order to begin that, all defects and deficiencies certified in the October 12, 2003 elections must be addressed and corrected.

Second, the setting up of independent, unbiased and unpartisan commissions that will only abide by the law.

According to the recommendations of the OSCE/ODIHR and the Venice Commission, no later than 180 days before the elections (i.e. until December 2004), the Central Election Commission must have trained all the members of the election commissions (ZECs, LGECs, VCCs), must have tested them and at the end, must have equipped them with the proper certificate that will certify their capabilities to carry out this duty.

In order to implement this recommendations, the proposals or selection of members of the above commissions should be completed by the end of November 2004.

Considering the efficiency of the special bipartisan parliamentary Commissions on electoral reform and the fact that the mandate of this Commission will expire on October 5, 2004, there is a question mark on not only the drafting and approval in due time of the draft changes to the Electoral Code, but also its quality from a professional legal and constitutional aspect.

Before the draft changes to the Electoral Code are approved by the Assembly, the AHC suggests that the draft changes be published and devote a period of time, even a brief one, for remarks and suggestions, so that it will be discussed in the circles of specialists, the print and broadcast media. Otherwise, we could again go through the negative experience of the procedure followed to approve the Electoral Code of 2003, which allowed significant defects and even anti-constitutional provisions.

The International Community has clearly and precisely that the upcoming parliamentary elections are a test for Albania’s integration into the Euro-Atlantic structures.

On this occasion, the Albanian Helsinki Committee deems it necessary to call upon all political forces and the Government to seriously address the situation that has been created.