Author: Klaudja Karabolli
Prohibiting the use of public resources in support of electoral subjects in Albania seems a mission impossible even in 2021. With the end of the electoral campaign, the denunciations of abuse and favoritism through state resources raise doubts about how the Electoral Code is being implemented.
Initially, exponents of the opposition publicly raised the first claims about the misuse of the budget and the use of public assets by the government in the campaign.
Legally, the use of the administration and state budget by the government during the 30 days of the campaign for electoral purposes is prohibited and punishable by a fine.
Legalization of housing, subsidy benefits, compensation for the earthquake, temporary reconstruction of roads, employment in the administration, are some of the ways that have been used to maximize votes.
Pressures and the buying and selling of votes have been present in the electoral processes in these 30 years in Albania, becoming an obstacle in the standardization of the process that would facilitate the path to the European Union. The continuous appeal of the American and European partners, it seems, has not yet been heard enough.
Audio tapping/Pressure with legalizations
Investigative journalist, Artan Hoxha published a flagrant audio-interception where the director of Cadastre, Artan Lame instructs his subordinates regarding the legalization process a month before the elections.
Lame explains to his subordinates that legalization can be used as a campaign promise, but is not actually feasible.
"These 120 objects cannot be legalized due to a number of problems, but in any case, the word "no" should not be said to the citizens. A negative response to the legalizations takes them into the hands of the Democratic Party, causing electoral losses to the SP. Then it was agreed in this meeting that the logic is that we will continue to keep the situation dependent on this part". says Lame, who further says that the decision was made with the knowledge of Prime Minister Edi Rama.
The Special Prosecutor's Office Against Corruption and Organized Crime, SPAK, said that it will verify the audio recording published by journalist Artan Hoxha, while the President of the Republic, Ilir Meta, demanded an immediate clarification of this event.
Cadastre Director Artan Lame stated that the conversation took place after the 2017 elections, and denied buying votes with these promises. Lame further says that the discussion was taking place about the treatment of objects that could not be legalized.
The lists of those affected by the earthquake are "inflated".
The reconstruction process after the earthquake is continuing with great delays according to data published by the Ministry of Finance. The process is described as the biggest infrastructural work of the government by the highest socialist exponents, but even this project was not far from being used in the electoral campaign.
In the month of March, 244 names from the Municipality of Vora were included in the category of earthquake victims. According to the Socialist Movement for Integration, the list was drawn up by the leaders of the SP in the Municipality to be sent to the Institute of Construction and in all cases they are given cash to settle the earthquake damage.
The fact that such a list is drawn up a year and a half after the earthquake and rewards citizens, 30 days before the elections, raises suspicions about the use of funds in the electoral campaign.
The candidate for MP in the district of Tirana, Ervin Bushati, when asked about these claims, denied the information, calling it political accusations.
"Reconstruction is the biggest infrastructural project of the Albanian government. They are trying to throw mud. Damage assessments were made by experts in a transparent and fair manner," said Bushati.
Vorë Municipality was asked about the compensation criteria for these families 1 and a half years after the earthquake, but the institution did not respond within the legal deadlines.
Electoral asphalt
Partial investments in city neighborhoods during the last weeks of the electoral campaign have been denounced to SPAK by opposition exponents.
The DP candidate for deputy, Albana Vokshi, sued Edi Ramë, Erion Veliaj, Ogerta Manstirliu and Ulsi Manjë in SPAK for illegal works.
"The Electoral Code prohibits such works (asphalting) during the campaign and therefore, they are carried out without signs and at night. Asphalting was secretly done in unit 9 and unit 11 by SP candidates. said Vokshi.
Legal provision for state resources
Political analyst Enton Abilekaj says that the lack of strong institutions leaves room for abuse of state resources.
"The laws that prohibit the use of state funds in elections are stronger than in Europe, they are sufficient to avoid abuse. The political will is the opposite. We have seen in this campaign how the Chief Commissioner's decision to punish those who abuse state funds has been rejected by other institutions. A fact that shows that, not only the lack of political will, but also the lack of strong institutions and independent powers, which favors the abuse of state funds". says Abilekaj.
Article 91 of the Electoral Code provides that public funds cannot be used by political parties:
"Can't be used or put in support of candidates, political parties or coalitions in elections, resources of public bodies or entities at the central or local level, or any other type of entity where the state owns capital or quotas or/and appoints the majority of the supervisory body or the administrative body of the entity, regardless of the source of capital or ownership". it is stated in this law.
The OSCE Office for Democratic Institutions and Human Rights in an interim report published on April 9, 2021 specified the CEC's responsibility to avoid using state resources.
"The CEC is also authorized to monitor all activities carried out by public institutions to see if there is a waste of public resources". the report states.
After the elections, the OSCE-ODIHR mission accepted the use of state resources in the campaign, but asked the institutions to clarify all claims and facts filed.
Electoral practice requires the Council of Ministers to approve the establishment of a Task Force for elections, a practice followed in 2013, 2015 and 2017. In 2017, the Task Force was established 45 days before the date of the elections, in order to coordinate the institutions, prepare the acts and monitor and respond to all possible data on legal violations of the state/administration in the campaign.
The Institute of Political Studies (ISP) states that the government did not even publish a concrete plan for the Task Force.
"ISP appealed to the CEC to urge the government to set up a Task Force for the elections, as well as to invest so that the entire monitoring and response system is as complete, transparent and institutional as possible". the report said.
Monitoring speaks, the government is silent
In the third Monitoring Report on the use of state resources in the election campaign, drawn up by the Academy of Political Studies, some of the violations are highlighted.
In the monitoring findings for the period 1-28 February 2021, it appears that there are legal acts approved in violation of the prohibitions provided for in the 4-month period before the elections.
"In violation of the Electoral Code, 5 laws, 2 VKM and 1 Municipal Council Decision were approved, which bring benefits or relief measures for the four-month period before the elections. From the monitoring of the activities of the ministers and mayors in seven main cities of the country, there is an increase in reports, but at the same time an increase in the promotion of infrastructural investments". the report states.
The Coalition for Reforms, Integration, and Consolidated Institutions said that at the electoral meetings, a significant presence of senior public administration officials was observed during working hours, which constitutes a violation of the electoral legal framework and the status of public servants.
"In addition to the electoral campaign, during this period the campaign to vaccinate the population against the Covid-19 virus took place in the country. The vaccination campaign was used massively as a function of the electoral campaign, not being able to be separated in nature as an institutional campaign, the obligation of health institutions and the government of the Albanian state to vaccinate and ensure the health of the population. it is said in the KRIIK report.
Apparently, even in this case, we remain in the cliché, that we write the laws well, but we do not respect them.
