REPORT OF THE HEAD OF THE OSCE PRESENCE IN ALBANIA TO THE OSCE PERMANENT COUNCIL, 8 SEPTEMBER 2011

The leading observer of OSCE-ODIHR, accompanied by election experts, Mrs. Nicolas Schmid and Richard Lapin, met with the Albanian Minister of Foreign Affairs, Edmond Haxhinasto.

“It is a pleasure to be in Albania again for presenting the final report that contains a full description regarding May 8th elections. The report includes the positive aspects and what should be improved. It is important to focus on those aspects that can bring improvements. It is important for the local elections recommendations to be seen together with the recommendations of the general elections of 2009. The essential element is the realization of elections through which the voters express their will, not for making the political battle of the parties. It is necessary to undertake the right steps within the legal frame of the elections, and for this is needed a political good will. We hope that the electoral reform will start soon. It doesn’t have to start with urgency, but it should be complete before the next elections”, he declared.

Asked by Top-Channel for a final answer if the May 8th elections had fulfilled the international standards and why the word “standard” was not even mentioned in the report, Jonathan answered by avoiding the word “standard” and using “engagement”.

“With our reports we refer to the OSCE engagements. In fact, in some parts of the report we have stated that the engagements were not fulfilled. You are right when you say that there is no final conclusion that would make the front page of a newspaper, but the conclusions are in the entire report and I think that those should be carefully read, especially the aspects where there is room for improvement and for taking concrete steps”, Stonestreet declared.

The Foreign Minister Haxhinasto expressed the need of an all-inclusive engagement, not only from the politics in the reform aimed for the electoral code.

“The recommendations that are set in the report would serve as an important plan, as a reference point for the electoral reform. We have spoken for the need of starting the electoral reform, the process and the methodology that should be used as an open and all inclusive process”, Haxhinasto declared.

The Socialist leader Edi Rama considers May 8th as the day of opposition’s victory, which, as he said, cannot be undone by Prime Minister’s efforts and those of his followers for taking Albania’s capital on the table of Central Election Commission.

According to Rama, the international community spoke clearly, because they couldn’t accept this process that violates vote and democracy. The numbers published by the Central Election Commission, which do not correspond with each other, for SP leader is the clearest indication that the government has manipulated the Albanians’ vote.

“Pressures and threats against the opposition are constant, especially after Berisha’s bitter loss. But we are not impressed by this anymore. On the contrary, this increases our determination and insistence for following this battle until the end. It is not simply for a mandate that is being stolen, but for the future of Albania’s democracy”, Rama declared.

The Electoral College, according the Socialist leader, must rise above any type of pressure, making only national interests a priority.

“Justice must make justice, must say its word. Without seeing left or right, but to the Constitution, the Election Code, the laws of this country and above all, Albania’s national interests”, Rama declared.

Considering CEC decision as a legal cannibalism, the head of the Socialist Party said that nothing could change the bitter loss of the Prime Minister Berisha in these elections.

The discussion focused on Albania’s post-election situation, especially after CEC announced result for Tirana mayoral race.

While the final decision is expected to come from the Electoral College, the President and the Ambassadors emphasized the necessity of closing the process in full accordance with the laws. This situation, according to them, needs calm and patience.

Taking in consideration the joint declaration of Baroness Ashton and Commissioner Fule, the President underlined that:

“The election process is not over yet, therefore the political parties must restrain themselves from announcing the result beforehand. The Electoral College enjoys full support from the Albanian President for an independent and transparent process, with high moral and professional integrity, honest and free from political interferences. This is the time to let the rule of law function with full capacity, and only true values and high standards must prevail. Only the voice of competent, constitutional and democratic institutions must be heard, because this would serve to Albania’s major interests for a long-term stability. This would fulfill the much awaited integration aspirations that the Albanian people deserves”, said the Spokesperson for the President, Mimoza Koçiu.

Thursday on May 26th, the Electoral College will judge the first complaint of Socialist Party regarding CEC decision that changed the election result for Mayor of Tirana

Socialist Party leader, Edi Rama, asked international community to intervene harder for saving the process that endangers Albania’s future. He warned his opponent for citizens’ resistance if their rights will not be recognized.

In a conversation with the journalists, Rama declared that Albanian opposition will not back off and will not stop in the road of democracy, adding that the contestations will escalate if justice will not be in place.

“We will consume every legal and democratic means in the war against the stolen vote. Everyone understood what happened, and we will react if justice will not be put in place, if injustice will turn into a system based on election elimination”, Rama declared.

Socialist Party leader emphasized that Barroso’s trip cancellation in Tirana and other EU diplomats’ declarations are signals of a bad future for the European Albania, in such conditions when the Prime Minister himself and his stolen power wants to impose through robbery a regime that has nothing to do with democratic standards.

Rama emphasized that the opposition does not recognize the result announced by Central Election Commission and that he expects the Electoral College to give the right decision for their victory in Tirana.

One day after publishing a  preliminary report containing critics for the Central Election Commission, head of the observing mission, Jonathan Stonestreet, gave an interview for Top-Channel and declared that he demanded from CEC a copy of the decision on the base of which the miscast ballots were being counted, but CEC doesn’t have it.

Top-Channel: Let us stop a little bit at the ballot count process in Tirana, which produced a preliminary winner at the end, with 10 votes ahead. But CEC decided without the five votes of this commission to start a recount. Did this decision surprise you?

Stonestreet: As soon as we learned the preliminary result, I knew that this would happen, because I have seen races with such close results even in my country and also in other states. Whatever happens next attracts controversy, and all eyes are over CEC, including pressures.

This is consequence of having such a close race. What we said in yesterday’s report, is that we are considering what CEC is doing now. We said that the legal basis remains unclear for our mission, because the final decision that clarifies this decision, a decision taken on principle bases, had not been published at CEC official web page. Some of the questions, like the validity of the miscast ballots in wrong boxes, are issues that have been raised even in past elections. This was an issue that had been known, but has never been treated by CEC and Zonal Election Commission members, including the political parties who enjoy the right of posing these questions to CEC.

No one of the parties did ever raise such an issue, for questioning how these ballots would be treated. The politic parties must reflect about this, because it is under their responsibility. Same as they have the right to criticize each other and the institutions. But their reflection on this is more important.

Top-Channel: In yesterday’s report you wrote that the decision for opening the ballot boxes at CEC was legally unclear for OSCE-ODIHR. Have you demanded information or clarification from CEC for this?

Stonestreet: I met the Chairman and vice Chair of the Central Election Commission. When we wrote that legal base is unclear, we did that because we wanted to receive and see a reasonable legal basis. The first thing in my mind was that we would be having a document that would clarify us that this is the legal base, and based on that people would discuss if that legal base would be justifiable or not. But I don’t have this document. I know that there has been a draft-decision, but this is not same thing with having a decision for this matter. It is not up to us saying if there has been a legal base or not for this procedure. There are institutions like the Central Election Commission, the Electoral College, political parties and candidates. The Albanian institutions are the ones that must say their word on what happened during the ballot counting process and after.

In the coming days of the mission group will hold meetings with senior officials of the state. /albeu.com

“The local government elections were competitive and transparent, but took place in an environment of high polarization and mistrust between parties in government and opposition,” the report from the Organisation for Security and Cooperation, OSCE, which monitored the Sunday poll, said.

The observers noted that, as in previous elections, the two largest political parties did not carry out their electoral duties in a responsible manner. This negatively affected the administration of the entire process, the OSCE found.

“Several aspects of these elections lay the groundwork for future progress. But unfortunately the two largest political parties again abused their role in the administration of the elections to continue their political battle,” said Jonathan Stonestreet, Head of the OSCE/ODIHR Election Observation Mission.

“All parties should work together after the elections to further strengthen the electoral process,” he added.

The OSCE found that Albania’s Central Election Commission, CEC, functioned transparently and, despite evident division, completed the technical preparations for the elections.

“Nevertheless, the polarization affected the work of the CEC, where discussions were at times acrimonious and of a political nature,” the report underlines.

The observers note that the authorities have made considerable efforts to improve the electoral roll. However, a large number of voters do not have a registered address, an issue which persists from previous elections.

The report also highlights that the extensive media coverage of the elections.

“The media offered a plurality of views, thus enabling the voters to make an informed choice,” the report reads.

“Nevertheless, there is a lack of truly independent broadcast media, with most private channels aligned with one of the two largest parties,” it added.

All the polls that Albania has held since the Stalinist regime of former dictator Enver Hoxha collapsed in 1991 have failed to meet international OSCE election standards, a stumbling block on the country’s road to EU integration.

According to the report, the elections campaign this year was active and all contenders were generally able to campaign throughout the country. Despite repeated calls for calm, the campaign was marred by violence in many areas. There appeared to have been significantly fewer cases of misuse of administrative resources, although there were cases of pressure on public employees.

“In contrast to the pre-election period, election day was overall calm but disorganized in some cases,” Stonestreet said.

The vote counting process has proceeded at a snail’s pace two days after the poll, with local observers blaming inadequate training of poll commissioners, exhaustion and politically motivated delays.

In the key battleground of Tirana, which saw a face-off between the current mayor and Socialist Party head Edi Rama and a former interior minister, Lulzim Basha, standard-bearer for Prime Minister and Democratic Party leader Sali Berisha, less than half of the ballot boxes had been counted by Tuesday afternoon.

“The final assessment of the elections will depend, in part, on the conduct of the remaining stages of the election process, including the counting, tabulation and announcement of results and the handling of possible complaints or appeals,” Stonestreet underlined.

Local elections will be observed by the international community, especially by the European Parliament that has brought in Tirana an observing delegation.

Eduard Kukan, EU special envoy for Albania arrived in Tirana and attended several meetings.

During an interview for Top-Channel, Mr. Kukan spoke on the purpose of his visit.

“The European Parliament decided to bring an ad-hoc observing mission for the Local Elections in Tirana. This must be seen as a sign that shows the European Parliament interest for your country. This mission will serve to take as much information possible from many sources, the government, the opposition, media and non-governmental organizations. By these meetings we will collect as much information possible, that will be transmitted to the European Parliament”, Kukan declared.

TCH – Based on the information that you have collected up to now, do you believe that these elections have had the necessary preparations for a free and honest process?

“We all expect to have free and honest elections. Up to now, we have held three meetings and we hope that these elections are well organized. The right answer will be given this Sunday”, Kukan said.

TCH – If these elections will not fulfill the standards required by the international community, will there be sanctions from the European Union for Albania?

“I don’t want to speculate on what might happen. Let us wait for the result”, Kukan said.

The importance of these elections has brought in Tirana the general director of ODIHR, Janez Lenarcic. There will be 596 international observers from 30 different countries, the observations of whom will be performed in terrain and will be the base of the OSCE and ODIHR final report.

Together will them there will be 2200 local observers. OSCE/ODIHR will give an evaluation this Tuesday through a press conference expected to be held by the head of the observing mission, the American Jonathan Stonestreet.

Head of ODIHR observers, Stonestreet, with a rich experience on election observing since 1997 in many countries of the world, will be the man who will give the verdict for these elections. Not one day after the voting, as usual, but 48 hours after the process will be over.

The American Jonathan Street firstly visited Albania on 2003, without knowing that eight years later he would lead a difficult mission for certifying Albanian local elections.

On his first interview since his arrival in Albania, exclusively for Top-Channel, Stonestreet, the American that has lost access to his birthplace country, commented on the preliminary report, saying very clearly that the polarized situation of the electoral campaign will directly affect the flow of these elections.

“The basic legislation, which is the Electoral Code, has been scrutinized by ODIHR, Venice Commission and European Council. They have noted that the Election Code has the necessary elements for performing democratic elections, if implemented correctly and if there is good will from the political parties. Naturally, there are legal gaps, which we have declared in previous reports. There are still matters that need to be addressed to”, Stonestreet declared.

“We have also identified some specific cases on the local elections, like the absence of a zonal electoral commission for Tirana, the role of which will be actually acted by the Central Election Commission. So, there are legal gaps on electoral legislation. But I want to repeat that if there is good will from the political parties, this law can produce democratic elections”, he underlined.