May 30

Diplomat ic dispatch

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Report on observatio ns of local election in Albania 8 May 2011
By Dafina Medulaj

In this paper I will bring a summing- up of the local election in Albania held in 8 may 2011. Albania is a country which is facing serious problem especially after election 2009 there has been a severe political crises which still continue in this country. The latest elections took place through a high polarization and mistrust between the government and the opposition. This paper include a report before and after election and a critical approach to the cramp that has grand this country. Making clear the positive aspect of the first part of election after the crucial environmental political paralyzes which brought tension events before election, the day of elections seemed like a green light in the horizon for this country. It was obvious that the post election period put this country in serious discussion which is a step back into EU Integration. In this paper I have made a research based on the rapport of OSCE/ ODHIR and many other ambassadors declarations playing an important role especially in the second part of this local election. As many ambassadors have declared these elections has been a test for Albanias willingness to become a member of European Union.]

TABLE OF CONTECTS

I.
II.

INTRODUCTION PRE-ELECTIONS PERIOD THE DAY OF ELECTION, NUMBERING AND THE RESULT OF IT POST ELECTIONS AND CRITICAL PERSPECTIVE CONCLUSIONS REFERENCES

III. IV. V. VI.

ABBREVATIONS
CEC Central Election Commission VCC- Voting Center Commission CEAZ- Commissions Election Administration Zones
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DP - Democratic Party OSBE - Organization for Security and Co-operations in Europe ODIHR- Office for Democratic Institution and Human Rights SP Socialist Party VC Voting Centers

I. INTRODUCTION
The latest local elections in Albania took place on 8th of May 2011. These elections are held as first local elections after the new election code was approved in December 2008 and it run up after the contested parliamentary election that took place in 2009. The lections of 2009 brought the political crises in Albania which still continues and definitely influenced even in the latest local elections. A parliamentary election in 2009 was won by the Democratic Party (DP) in coalition with the third power, of the three main parties, Socialist Movement of Integration Party (SMI). DP and SMI won 70 seats in parliament of 140 in total and 66 seats were won from Socialist party, the largest opposite party. These elections were strongly contested from the SP members and also from the members of the small parties. The contestation didnt bring the right solution for the PS members, which caused not only the boycott of parliament until March but also the accusation of Prime minister and his government, for the corruption and manipulation of elections 2009. The request from the opposition, for the creation of a committee to review all ballots was not only taken into consideration but also was follow with the distraction of the ballots, in accordance with electoral code but from a decision that dismissed the approval of the opposition. The lack of a right solution for the
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2009 election brought the political crisis which was followed by the deepest polarized political environment ever happened in Albania. The harsh language through the offensive rhetoric and personal assaults has followed DP and SP leaders against each other. Political crisis will be followed from a corruption scandal of Deputy Minister (member of SMI party), January 14th 2011 who resigned immediately. PS took this as a prove and threw this accuses to the government that should not rule any more and proceeded with the precursory demonstration in the whole country against the government. Ps warned for a the biggest anti- government demonstration in continuity, happened in 21st of January, which went behind to violence demonstration between protesters and policy, which ended up with 120 injured protesters and policy and four protesters dead. The consequences of the protest brought stronger rhetoric of the blame and explanation of these events. The leader of SP and its member were accused from DP as trying to create a coup dtat while Prime Minister of DP was accused from the opposition as the only responsible for the massacre of 21st January. Other protests have warned from the leader of SP. A harsh campaign will be taken place after such events, which could not get out of the same incident close to the day of elections, mentioning two incidents with car bombs but there was nobody injured or dead. This election for most people in Albania will turn out to be considered as the solution of coming out from political paralysis and as well the main key for the integration into European Union. The Prime Minister Sali Berisha who is the leader of his DP, during the campaign, has always stress the fact that he is the man who can get Albania into European Union. A European Tirana, a European Albania, has been his repeated slogan during the campaign, on the other hand the three time Mayer and also the leader of SP Edi Rama believes that the election of the 8 May will be a barometer
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of support for the government and the opposition for the first time since the deadly violence in January (Semini, 2011). As one of the Albanian political annalist has said more than just local elections, these polls are a very critical test of political strength of the two main parties: the (left-wing) opposition and the right wing government of Sali Berisha declared independent political annalist Lufti Dervishi (Semini, 2011). This election will be seen as a prove for the government that they really merit to put this country into European Union otherwise the failure which can be considered as two years old failure will increase the long political crises which will bring steps back of Albania into EU membership.

II. PRE-ELECTION PERIOD

The preparation period of the 8 may election will took place through the conquered of many parties candidates for mayors and head of communes and local councils of the 384 local government units. The race for capital city Tirana saw against each other the leader of the Socialist Party and the current mayor of Tirana, Mr. Rama, seeking his fourth mandate against Mr. Basha the right- wing Democratic Party. Mr. Basha, over the last five years- as minister of foreign affairs, minister of transport and telecommunications, and minister of the interior won himself a name as one of the most successful politicians in the country while at some time being the most accused man of corruption after Prime Minister Mr. Berisha (Knsafi, 2011).

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The elections in Albania were of great interest of different observers mentioned here: Council of Europe and OSCE/ODIRH who monitored the pre-election period and in several cases tried to act as the mediator between the political forces. The political Crisis between two main forces couldnt make them achieved an agreement for the proposal of SP in order to guarantee a good process of elections, objecting from DP who believe that this proceed can be succeed without such proposal.

Based on these critical point OSBE/ ODIRH have been requested for a significant observation presence, including a high number not only of observers but also of a considered numbers of team of experts were should be included : 30 longterm observers to observe the preparation for the campaign and election day, and also in the second part, the day of the election, have participated 4000 short-term observers, and also some of the short term observers have stayed after the election day till the process will finish. Taking into consideration the political crisis the first wrong thing o9bserved was that the campaign has actively started before the official date that was 8th of April. Personal harsh attacks characterized the whole campaign. The two main powers of politics, DP and SP have totally focused the campaign to the race of the Mayer for the capital city.

The report of the ODIHR observers says that the legal framework for elections is complete, but it should be implemented promptly. "The legal framework is assessed is determined in advance and provides the foundation for the development of democratic elections, if implemented promptly and with a view to respecting the content and spirit of the law. New electoral code in 2008-en addressed a number of recommendations made earlier by the OSCE / ODIHR, however, some recommendations remain unaddressed, including those of the Final Report of OSCE / ODIHR on elections of 2009-es. Government informed the
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EOM of the OSCE / ODIHR intention was to follow the recommendations after the local elections, "it said (reference).

ODIHR incidents mentioned in the campaign, including injury to the head of the municipality ndrtimores. "Two candidates were shot and wounded in Tirana on April 1 and April 2 in Lezha. According to police, wounding at Tirana was politically motivated, while the case was not related to Lezha policy. On April 4, President of the Office of Construction Inspectorate in the Municipality of Tirana was shot and wounded. A day earlier he had ordered the removal of political flags placed in unauthorized places. The police investigation continues. Placement of campaign materials, such as flags and banners, has also led to strife in some cases, "it said (reference). Although some of the OSCE/ODIHR recommendations have been implemented since the 2009 parliamentary elections, there are a number of issues that remain unaddressed. Most importantly, the primary recommendations from both the 2009 parliamentary elections and the 2007 local elections, that parties should demonstrate the political will for the conduct of democratic elections and that they should discharge their electoral duties in a responsible manner for the general interest of Albania2 remain to be fully addressed ( reference).

Other problems were stressed mentioning even in these report as representation of women particularly during these local elections. Even in these elections there was a failure concerning to the percentage of the woman represented in to the local councils lists. Electoral Code contains some unclear statements which can bring the wrong interpretations. Even this time election will had a great influence in media. Media tried to cover the whole local election and to inform the voters who helped them in their decisions but still there is a lack of totally freedom in it.

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Most of the times there were media used the films prepared from the parties themselves.

III. ELECTIONS DAY AND THE PROCESS OF NUMBERNING

The day of election was fairly tranquil compared with the whole history of election in Albania. It is important to stress that the transparence of the Election Day was evaluated positively. Central Election Commission, communicated for a participation of about 51 %. The voting process is officially closed at 19 oclock but in some central election where a considerable number of voter who except to vote after 19.

Normally, the Central Election Commission would have to announce Monday a preliminary result, but considering the new electoral system that has introduced a longer counting process in the way how it goes, this process can take perhaps as occurred in the 2009 elections. On the other hand it must be said that the process in its entirety has been very smooth with small incidents, which do not in any way affect the outcome of these elections. It remains to be seen how it will go after the voting process, which is the counting of votes. 90 % of the CE was evaluated positively from the observers and the other 10 % were just referred to the procedural problems, which were caused as
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consequence of the late nomination of the Central Election Commission and the lack of the normalization training. 16 % of the observed the procedures were not applied rigorously. The voting process was assessed positively by observers in 90 percent of VCs visited. Negative rating in 10 percent of them was mainly due to procedural problems, which may be caused by the delayed appointment of members of the VCC and the lack of standardized training. In 16 percent of VCs surveyed, were not always followed the procedures and VCC did not know the procedures in 12 percent of cases. This was obvious in the thumb procedure painter painting as commissioners do not control the voters if they regularly (20 percent of the survey) or had not finger paint (7 percent). Voting family / group, which violates the secrecy of the vote, was observed in 21 percent of VCs visited. In many VCs have congestion (14 percent) or an inappropriate placement means votimiy (6 percent). Tension or concerns were noted in 7 percent of VCs visited. Some electoral materials were missing in 4 percent of VCs. Evaluation of the observers varied by region, with Tirana to assess in general as more positive (94 percent). ( references) While on a smaller scale than procedural problems, a number of irregularities were noted. Voters were threatened in 15 cases (almost 2 percent of observations) or were influenced in their choice (4 percent). Voting by others was noted in 5 per cent of VCs visited, and the same person "helping" voters in various 3 per cent of VCs. Observers verified in two cases of ballot box stuffing box balls. In 18 of 72 VCs observed, closing procedures are not always fully applied. In VC 6 had tension or unrest, and VCC closure was delayed in some way plugging unnecessary. Observers assessed as positive in 56 VC. Transport of materials in the BCC was rated positive for all VCs observed. At the time of publication of this report, BCCs observed funsionojn seems good and transparent, with few exceptions. However, counting is continuing slowly
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and, in some cases, unforeseen interruptions. Counting is sometimes seen as disorganized. Activities are affected by tension (25 BCC) by the presence of unauthorized persons (30 BCC), although in general they do not interfere in the counting process. Understanding of counting procedures assessed as weak in 10 BCCs. Contrary to previous practice at the time of drafting this statement, the publication of preliminary results of elections by the CEC was issued specifying no VC and CEAZs, but was limited in the total vote from candidates and entities political.

http://alblink.com/?fq=brenda&m=shfaqart&aid=21385
Misioni i Vzhgimit t Zgjedhjeve i OSBE/ODIHR-it Faqe 3 Zgjedhjet pr Qeverisjen Vendore, 2011 Raport Paraprak Nr. 1 (28 mars 11 prill 2011)

http://www.alblink.com/skedaret/1304106362-odihrshqip.pdf
Misioni i Vzhgimit t Zgjedhjeve i OSBE/ODIHR-it Faqe 2 Zgjedhjet pr Qeverisjen Vendore, 2011 Raport Paraprak Nr. 2 (12 - 25 prill 2011)

INTERNATIONAL ELECTION OBSERVATION Republic of Albania Local Government Elections, 8 May 2011

IV. POST- ELECTION PERIOD AND A CRITICAL PERSPECTIVE

According to electoral Code the results should be declared after the day of elections, which is not realistic. In the most regions, at least 66 CEC, continued till the end of votes accountings, generally through transparence, even though in a slow way. There were moments were candidates who were meant to be looser wish his rival for being a winner, still valued to mentioned that the numbering
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proceed was characterized deeply from a lack of faith between political parties, which served as problematic debates, delays and the blocked of some CEC. Most of the time there were seen political parties to interject to the numbering process. It was obvious that the race for capital city in Tirana were expected to be in e very close difference between the two main candidates, which brought the whole attentions to the 11 CEC in Tirana. There were obvious delays to these CEC as a matter of the unplanned breaks, the lack of the members groups and other reasons most of them politically motivated. These delay caused a very serious tensions especially of the previous closed results. The counting process for the elections of the Mayor, in the whole local areas of CEC ended in the day 13th of May, while in Tirana ended in 14th of May, while the counting process for the heads of communes in Tirana still continued in some CEC. The previous results showed unofficial from the and MVZ on 14 of May were 10 votes more for Mr. Rama (respectively 124,623 for Mr. Rama and 124,613 for Mr. Basha). There was no official result while l members of DP include even the Prime Minister Mr. Berisha, asked KQZ to take into consideration as a validity ballots boxes, those ballots that were in the wrong boxes. This was even the apple of discourse. This conflict it was political than legal. There was not legal there was no provision stating how they should act in such cases. But even it should be consider as a problem of law still there is not justification for the CEC to take legislative attributes that brought them in changing the rules of play. CEC acted contrary to the section 123 of the Code. Their duty was to fill the summary table based on the results of the polling stations to give an arithmetical result, while some proposed members of CEAC from majority, stopped the mandatory legal procedure and took action illegal. Based in this decision, there were open the ballet boxes for validating and counting the ballets that was through in the wrong boxes. This decision was strongly objected from
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the three other members of CEC, and brought as a winner Mr. Basha with 81 votes more. After adoption of the constitution in 1998, there has been changing codes of 2000, 2003, 2004, 2005, 2007, and 2008. From 2003 till now the code has been changing and ameliorating. The code of 2000, 2003 said that the voter casting the ballot in the ballot box. The other code says that the ballot should be cast in the respective ballot box. The word relative has a strong meaning. With this word the lawmakers says to the voters Warning, votes cast in the appropriate box, other wise it is classified as invalid. During the whole elections that have taken place from 200 till 2009 the ballots cast in the wrong box are consider invalid. But this time CEC changed is practice. The electoral code does not provide directly the validity of ballots boxes that have wrong ballots on them. It does not provide for any of the procedure for evaluating the ballots found in the other box. There were no structure From CEC for this issue before Election Day and later members of the groups were trained to count ballots. After the contestations that were done from the PS members to the Electoral College to ascertain the invalidity of the decision of the CEC 709, which are known as final one, reveal his decision at 8th of June as a final one. http://www.lajme.gen.al/2011-05-21/osbe-odihr-raporti-i-plote-paszgjedhorvideo.html

V. CONCLUSIONS

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Remember that a little later near the end of the year will be very important discussions within the European Union with regard to Albania's progress, or lack of progress of Albania towards the status of candidate member. The European Union has made clear again and again that the way will be developed and managed local elections May 8 will be very essential for the discussion mentioned above. We are now still in the midst of this process and it seems we will have to wait even a few for the last termination signals.

When you refer to the current situation as a "legal battle", I hope this is the right approach. It is obvious that the margins are very small, so small they resulted in Tirana, there will be appeals, challenges and litigation, and may have a legitimate reason for the respective institutions to examine the procedures followed and results. There is nothing wrong in this regard, even if it means reopening of a box or even a full recount or partial. Exactly the same happened with the local elections in the Netherlands in the city of Rotterdam, a few years ago. What matters is the will of voters and the truth is always in the boxes as they closed on the evening of election day.

This is certainly a legal process, or more if you like the phrase "legal battle", Albania has also isntucionet laws to care for such a process, and if in doubt, can always rely on the ability and offer international expertise. The Venice Commission noted at this point. It would bother me most is that when the legal battle would seem to turn into a political battle. It is vital that the respective institutions can do their job in a detailed, professional and completely independent. Political pressure on these institutions is unacceptable and politicians from both sides may want to consider avoiding the constant interference and making comments on them. At this moment, nobody is yet able to say anything precise, understandable in relation to the overall quality of the May 8 elections. My first impression is that
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the first part of the process, ie electoral campaign and voting process itself was conducted in a constructive atmosphere and generally acceptable. Certainly there have been incidents, as well as reports of OSCE / ODIHR have put out, but a balanced assessment of reasoning and personal and mine on this first phase will be positive. And I would like to emphasize that for most of the municipalities, this also applies to the closing process, ie to count the votes and the final results and certification of these results, which were conducted in a manner transparent and with a reasonable speed and efficiency.

The biggest challenge was - and still is - Tirana, of course: an electoral process with a very high profile "administrative" in an extremely polarized political environment, who walked into margins too much money - as a razor's edge, through delays and decisions or ad-hoc procedure, which for an ordinary ambassador - and I am sure that the same holds true for many Albanians - are not always easy to follow. But a final verdict on the overall quality of the process, I would like the experts manage leave, that the OSCE / ODIHR. Interim reports issued by the OSCE / ODIHR are "required to read", because they contain valuable information, preliminary estimates and a series of questions that still wait for answers - and I believe that the final report will be even more important ! European Union and its member countries have stressed time and again that Albania must pass extreme political polarization, which has blocked many reforms necessary and important in the last two years - that the only way to be in the path of integration European. Should a political dialogue and constructive and consensual politics to enable disposal of real steps forward. And this need is still present and necessary! The key to this is in the hands of politicians. Albania received a negative opinion from the European Commission last year. Albanian politicians still have the opportunity to ensure that in October, the next Progress Report will be at least
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somewhat more positive - for the Albanian people deserve it too! Work on the famous "12 key priorities" should resume as soon as possible, because time is running out! For me this is a serious responsibility for the political class. It may seem impossible that the parties could possibly think that regardless of who will ultimately be the Mayor of Tirana, in this kind of situation 50 to 50 - there is no real winner or loser really. So let's be real winner Albanian people, offering them a political consensus instead of a polarized political, working together for a European future! Nga: Skender Minxhozi Kryeartikull-Tirana nuk ka fitues te vertete (Revista MAPO date 20.06.2011 fq.1)

REFERENCES
Knsafi, L. (2011, June 9). http://www.worldpress.org/Europe/3756.cfm Semini, L. (2011, May 8). Albania holds local elections amid unrest Minxhozi, S. ( 2011, June 20). Tirana nuk ka fitues te vertet. Magazine Mapo. p. 1 http://www.lajme.gen.al/2011-05-21/osbe-odihr-raporti-i-plote-paszgjedhorvideo.html

http://alblink.com/?fq=brenda&m=shfaqart&aid=21385
Misioni i Vzhgimit t Zgjedhjeve i OSBE/ODIHR-it Faqe 3 Zgjedhjet pr Qeverisjen Vendore, 2011 Raport Paraprak Nr. 1 (28 mars 11 prill 2011)

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http://www.alblink.com/skedaret/1304106362-odihrshqip.pdf
Misioni i Vzhgimit t Zgjedhjeve i OSBE/ODIHR-it Faqe 2 Zgjedhjet pr Qeverisjen Vendore, 2011 Raport Paraprak Nr. 2 (12 - 25 prill 2011)

INTERNATIONAL ELECTION OBSERVATION Republic of Albania Local Government Elections, 8 May 2011

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