Our organizations, the Albanian Helsinki Committee (AHC), the Institute of Political Studies (IPS), and the Civic Resistance (CR), with experience in monitoring and addressing recommendations regarding electoral matters and problems, are hereby reacting publicly, considering that on January 11, 2025, the ban envisaged in electoral legislation on the use of public resources, in relation to the coming parliamentary elections May 11, 2025, begin to take effect.
According to the Electoral Code (article 91, paragraph 4), four months ahead of the date of elections until the creation of the new government after the elections, it is forbidden to propose, approve, or issue laws or by-laws, which envisage the awarding of benefits for certain categories of the population, such as acts envisioning the increase of salaries, pensions, economic or social aid, reduction or removal of taxes, authorization of fiscal amnesties, the privatization or granting of assets or rewards, etc., except for when the initiative is conditioned by situations of natural disasters.
Our organizations call for respect for a fair and equal race between the electoral subjects, which would be violated if problems encountered in past elections were to reoccur, linked with the misuse of state resources, the buying or selling of votes, and any form of pressure or inappropriate influence that affects the dignity and deforms the free and independent will of voters. Every individual has the right to be treated with respect and dignity, but in any case, the standard that social categories or groups do not become the subject of misuse of their rights for electoral purposes, should be respected.
We notice that the electoral campaign has begun inside and outside the country very early, in violation of the provisions of article 77 of the Electoral Code, according to which, it should begin 30 days ahead of the elections and conclude 24 hours before the date of elections.
- Although the provisions of the Electoral Code extend their effect regarding the funding of electoral subjects and the control thereof on the legal electoral campaign (one month ahead of the elections), we consider that the political parties’ transparency and accountability before the public is very important for guaranteeing electoral integrity and the prevention of shady funding of these parties through unclean funds. As a result, we demand public transparency and accountability on the funding of events of an electoral nature for the coming parliamentary elections, which have been conducted to date and are planned to be conducted inside and outside of the country from now onward.
- Based on earlier problems, we recommend to all public, central and local institutions, as well as state agencies and/or enterprises, to respect the obligations envisaged in article 92 of the Electoral Code and in regulatory acts of the Central Election Commission (CEC), to report without delay and truthfully to the latter all activities of a public character that they plan to conduct in the period of four months before the election date until election day.
We notice with concern, based on the experience of past elections, that the cooperation of public administration officials directly with the CEC and the prosecution office is almost inexistent in terms of denouncing violators of requirements of electoral legislation and penal legislation, who choose to misuse public resources for electoral purposes in contravention of legislation.
- As a result, based on the guarantees envisaged in the legislation for the protection of whistleblowers but also the Criminal Procedure Code, we call on every public employee to protect the integrity of his/her vote and his/her family members, by presenting even anonymous denunciations should they feel unprotected for denouncing by using their personal information and should they possess facts that may be verified by the CEC or the prosecution body. It is worth emphasizing that the role of public employees in denouncing these violations is important and irreplaceable by political actors.
In previous elections, our organizations have noticed cases when administrative and especially criminal investigations regarding the prohibition on the use of public resources have been extended or dragged out, which weakens citizens’ trust in reporting mechanisms and the results expected from them.
- We call that the investigations not only be carried out within reasonable deadlines, but also in an objective, comprehensive, and effective manner, as they help with the special deterrance of their perpetrators as well as the overall prevention of similar or the same violations in the future.
In the end, our organizations recommend to the CEC as the highest and independent body for electoral administration that it use all possible human and legal resources and instruments to address with priority the concerns and public indicia that are verifiable, regarding the misuse of state resources and the realization of standards that the Electoral Code requires for their protection.
- We also appeal that political parties encourage and demonstrate political will and transparent acts with regard to state resources and, in their rhetoric and activity, become implementers and promoters of best practices related to the vote, elections, and representative democracy.
Albania is in the phase of negotiations with the EU and, in this new phase, all institutional and political actors should reflect on mistakes of the past and become bearers of the values that the European Union relies on. Our organizations are engaged to fulfill our obligations as civil society, being active in monitoring the entire process, the promotion of electoral participation standards, as well as the articulation and addressing of every issue that may appear in any phase of the process.
