varied transitions are delimited from one another, on the one hand, by the launching of onsolidation of Democracy: Albania processes of dissolution of an authoritarian C regime and, on the other, by the installation of NAJADA TAFILI some form of democracy, the return to some form of authoritarian rule, or the emergence of INTRODUCTION a revolutionary alternative. The end of the Cold War and the Linz and Stepan argue that a set of dismantlement of the Soviet Union led the prerequisites are needed for a country to pass majority of former totalitarian and communist from an authoritarian to a consolidated countries in the Soviet System to a process of democratic regime. The authors state that opening up, best described by Samuel there should exist a state with uncontested Huntington as part of a “third wave of borders; a social and political environment democracy.” This third wave introduced the conducive to the growth of civil society; a concept of democracy as a process: it moves functioning and respected political society; the from a break up of an authoritarian regime, rule of law; a usable bureaucracy; and an through transition, and towards democratic institutionalized economic society.2 For the consolidation. Former communist countries in purpose of this paper, I will focus on four of Eastern Europe are part of this third wave. these proposed prerequisites needed to While most of these countries have arguably introduce a democratic regime: a functioning achieved the successful consolidation of and respected “political society,” meaning democracy, this has not been the case with parties and other institutions for choosing Albania, where a vast array of issues continues leaders and policies; a fair and free to hold the nation back and prevents the electoral system, meaning a system of consolidation of democracy. political representation “accepted by all parties This paper takes into consideration the as the only game in town;” a social and political case of Albania as a country in transition after environment conducive to the growth of “civil the overthrow of the authoritarian communist society,” defined here as constituted by regime fifteen years ago. Why is Albanian associated groups not formally linked to democracy still unconsolidated after all of government and political parties; and the these years? Could it be argued that Albania is rule of law, meaning “strong legal and still a country in transition? regulatory frameworks, and equal access to There are a variety of different forms of justice.”3 authoritarianism that fundamentally constrain This paper argues that the new norms any democratic transition in characteristic and standards for election organization and ways and systematically create obstacles to rule of law are beyond the transitional democratic consolidation. Different types of phenomena’s explanation and that the way authoritarian regimes affect the subsequent Albania passed from an authoritarian to a trajectory of transition efforts toward 1 democratization in systematic ways. These 2 Linz and Stepan (1996).
1 Juan J. Linz and Alfred Stepan. Problems of 3 G. Shabbir Cheema. Bulding Democratic Institutions, Democratic Transition and Consolidation (Baltimore, Governance Reform in Developing Countries (USA: MD: John Hopkins University Press, 1996). Kumarian Press Inc., 2005).
democratic regime has affected the necessary persecution. 5 In a country of only three million prerequisites proposed by Linz and Stepan. inhabitants, hundreds of thousands suffered This paper will begin with a historical political persecution. The regime and its background of the system’s change in Albania. practices created a deeply divided society and a Next, taking into consideration each one of the one-party state. Albania remained a mystery to proposed prerequisites, I argue that Albania is the outside world until the fall of communism passing from a phase of transition into a phase in 1991, when political pluralism and of setting transition effects as standards, and democratic elections were first allowed. that this is primarily a consequence of its Private property, along with religion, was unique communist past. Furthermore, I completely banned, and farmers were forced to suggest that it is imperative for Albanian join cooperatives and to collectivize their political actors to understand that the livestock. Many major public infrastructures, consolidation of democracy comes through such as railways, irrigation systems, and cooperation not based only on self-interests plantations, were executed through forced but also on society-oriented interests and that voluntary work by the population or youth. the rules of the game must be accepted by all Everybody was expected to volunteer, which is parties in play. why “voluntary work” is quite a misnomer for the kind of work that was carried out. By HISTORICAL BACKGROUND abolishing private property, through forced To place into context the complexity of collectivization and “voluntary work,” the state the current democratization process in extended its domain to the private sphere of Albania, it is important to take into account the individual, who was thus placed almost the totalitarian communist history of the completely under the state’s control. However, country. Compared to other Eastern it is important to stress that on the eve of European countries, Albania experienced one democratic changes, Albania was the poorest of the harshest and idiosyncratic communist country in Europe, with no economy and little regimes:4 It was isolated for half a century, infrastructure. even from other communist bloc countries, The main difference between Albania thus undermining current and future and the other Eastern European totalitarian development efforts. communist countries was the fact that Albania Some of the main characteristics of the did not experience liberalization towards the regime during this current period include end of the 1970s and 1980s. On the contrary, government paranoia and propaganda during this time period, the totalitarian leader directed against external players/forces/states; Enver Hoxha implemented an even more the use of patriotism and nationalistic rhetoric extreme isolationism of the country. Through to make isolation possible; the elimination of the elimination of western-educated possible political opposition; the elimination of Albanians, the party left no space for the intellectuals and dissidents; the abolishment of creation of any liberal political elite, thus religious practices; and the harshest political leaving Albania to its own devices during the transition period of the 1990s. 6
5 Elez Biberaj. Albania in Transition: The Rocky Road to Democracy (Westview Press, 1998). 4 Shinasi Rama. Probleme Politike Shqiptare (n.p.: National Albanian Studies Institute, 2006). 6 Rama (2006).
The way democratic changes were political climate undoubtedly nurtured brought forth in Albania comprises an confrontational attitudes which are seen even individual phenomenon among the former in today’s politics. These attitudes are used by communist countries in East Europe. Albania the political elite especially during elections was the last country in Europe to open up to since anti-communist rhetoric continues to pluralism and democratic regime. Political play an important role. At the same time at the scientists have debated the reasons for which start of democratic changes, after more than the systemic change was eventually made forty-five years of total isolation and possible in the country: Did the popular collectivization, Albanians understood protests affect change? Or was the old political freedom as the “unhindered pursuit of personal elite eager to give in to the new changes, gains at the expense of society and public realizing there were no clear paths out of the good.”9 economic and social collapse? Shinasi A. One of the main characteristics that the Rama , argues that the systemic changes are a present Albanian society has inherited from its reflection of both; there were indeed pressures communist past is the strong identification of from below, but the political elite at that time the party with the state. The party winning the could have controlled those pressures if they so elections is perceived as the complete ruler of desired.7 the state. 10 Communist collapse in Albania was Overall, it is important to say that followed by a moral, spiritual, and cultural although the communist past was harsh and crisis, which was reflected in a loss of the democratic changes were somehow not confidence, decline in national identity, and traditional, the transition from communism to civic morals. Ismail Kadare, the prominent democracy was fulfilled in a peaceful way. Albanian writer, describes this period as the However, this left a fertile ground for other extreme of post-communistYugoslavia, democratic malformations and a vacuum where nationalistic trends existed; the where democratic prerequisites should have Albanians tended toward the other extreme: been. One of the issues stemming from the “great indifference.”8 communist legacy is the lack of a functioning Albania has also inherited significant system of checks and balances that limits the social cleavages as a result of its totalitarian misuse of power, corruption, and political communist past. During the reign of the overkill of rivals. communist regime, the nation was divided by a fundamental social cleavage which existed 1. A FUNCTIONING & RESPECTED between two groups: the supporters of POLITICAL SOCIETY communism and those who were persecuted A formal act in 1990 by the political during that period and were extremely, almost leadership authorized the formation of other dangerously, against communism. This independent political organizations in Albania, bringing an end to the dark forty-seven-year
7 Shinasi Rama. “Failed transition, elite fragmentation, rule of the country’s only party, the Communist and the Parliamentary Elections of June 29, 1997” The International Journal of Albanian Studies 1, no. 1 9 Blendi Kajsiu. “Ligjerimi Steril” (2005). (1997): 82. 10 Arolda Elbasani. “Democratization Process in 8 Interview with Ismail Kadare. “Dealing a blow to Albania: Manipulation or Appropriation of International dictatorship,” Transition 1, no. 20 (November 1995). Norms?” (January 2004).
Party of Albania (later known as the Labor Labor; and the right wing parties, which Party).11 Albania was the last country among gathered around the fiercely anti-communist the communist bloc in Europe that opened up Democratic Party. to the change from totalitarian regime to a Compared to other Eastern European democratic one, almost a year after the bloody countries such as Poland or Bulgaria, the revolution in Romania. For forty-seven years emerging Albanian political elite, although Albania had experienced the power of only one claiming to fight against communist legacies, party and one of the harshest political control was deeply rooted in its communist past. of a one party-state in all its history. Albania stands somehow alone among former The changes in the system seemed to communist nations in its isolation and produce two main political groupings, complete destruction of any dissident or reflecting a division between two fronts for Western-educated group of intellectuals.13 and against communism.12 With the first The group that started the Democratic Party supposedly “democratic” elections and the (DP), although claiming that it was against coming into power of the Democratic Party in communism and though it gathered support 1992, democracy was simply understood as from those social strata that had suffered most anti-communism. Transition to a democratic under communism, could not be said to have government was perceived as being very clear; been prepared for the democratic changes of the complete destruction of the communist the country. The DP was riding the anti- infrastructure and everything even remotely communist wave although its leaders were related to the one party-state, and freedom educated under communism and to some from unnecessary state control over the private extent members of the former communist elite. lives of citizens . Although the call for action The leader of the party, Sali Berisha, had been seemed just and easy, the task became difficult the secretary of the Party of Labor for the because whatever political or intellectual elite medical school of the University of Tirana, the that existed at that time was educated under only university in the country. communism and, therefore, not adequately The Democratic Party won the prepared to deal with the regime changes. elections in 1992, but the tense atmosphere Two major political groupings were created: surrounding that power change contributed to the Socialist Party-led front, which inherited a heavy confrontational political climate in the infrastructure and to some extent the grass Albania and to a continuous challenging of the root organizations of the defunct Party of very notion of the legitimacy of elections and the right to govern. It is important to
11 emphasize here that this spirit has Ramiz Alia. Une, Ramiz Alia, deshmoj per historine characterized almost all the history of (Tirana, 1993). parliamentary elections in Albania and has 12 The first two major parties to be established were become embedded in the system through former Party of Labor and Democratic Party. Labor repetition and creation of norms. “Political Party, changing its name into Socialist Party, was a well-structured party, its membership and leadership parties too often do not accept the legitimacy came from communist politic bureau; while the Democratic Party was formed by intellectuals and 13 Shinasi Rama makes a detailed analysis of the students that started the social upheavals at the start of Albanian political elite at the start of democratic 1990, with little political experience and no clear transition in his article “Mbi intelektualet shqiptare dhe political program, while somehow raised and educated rolin e inteligjences shqiptare ne fillimit e tranzicionit te under the same totalitarian regime. shtetit shqiptar,” published in 2006.
of elections they lost and continually contest rule by the current ruling political party, even their results,” writes American political though there is a law of civil service in place. scientist Daniel Server.14 This replacement process occurred in 1992- The main problem with the Albanian 1997 (DP governing) and in 1997-2005 (SP political parties is their deep-rooted perception governing). In 2005, although the Democratic of the party-state concept of the communist Party promised not to make any changes in the legacy. Consequently, the Albanian state agencies and although the first 100 days democratic elections have brought about a of its rule were very promising, its second year change not simply in government but in the in power has been accompanied with the same whole administration apparatus, which is now phenomena in which more than half of the being accepted as the norm. In 1992, when the public administration clerks have been first opposition party came into power, the dismissed. This move is still costing the state argument for replacements in state agencies budget million of dollars.16 was justified as imposed by the circumstances. Another negative trend currently found Since Albania had recently opened up to in Albanian political parties is the abuse of democracy, this implied a change not only for principles, laws, and power in distributing and the government but a change for the whole assigning government jobs. A reflection of this system that had to adopt the free market trend can be found in the lack of meritocracy economy. However, even at that time, there within the party ranks; controversial political were cases of politically motivated dismissals, appointments are based on momentary including experienced bureaucrats that held interests, lacking any long term political sense. the state agencies afloat and could serve as a In 1993, the leadership of the Democratic foundation for the new administration. Party requested the lifting of immunity for two Making replacements in state of its own Members of Parliament, also institutions has become a de-facto system; any serving as ministers, accused for corruption time a new party comes to power, new experts and abuse of power. The parliament was not replace the previous party’s experts. Hence, presented with any evidence or facts when the Socialist Party – the former implicating the two MPs of any wrongdoing. communist party – came to power in 1997, it Their immunity was not lifted, but at least one undertook a new campaign of politically- of the ministers was expelled from the party motivated dismissals in the public and forced to resign; twelve years later the administration. This led, in turn, to the further same dismissed ministers were invited to run weakening of institutions, creating panic and a as candidates for the Democratic Party in the lack of job security. A number of experts in name of “great change.”17 The same happened state institutions resigned voluntarily from in the Socialist camp. The Socialist leader, work for this very reason, although they were trained for five years with funds generated by 16 Civil Service Code foresees a one year-salary Western taxpayers.15 It is hard to find experts payment for dismissals of civil servants in an unjust way. According to media reports, there are more than that have worked longer than a single cycle of 300 cases discussed in courts currently in all the country. Fletore Zyrtare. “Kuvendi i Shqiperise” Statusi 14 Daniel Server. Albanians in Balkan (Tirana: ISHSN, i Nepunesit Civil: http://www.parliament.al.org 2001). (accessed May 12, 2007).
15Afrim Krasniqi. Partite Politike ne Shqiperi (Tirana: 17 This is the main idea of the Democratic electoral Instituti Shqiptar i Studimit te Politikave, 2006). campaign in 2001.
Fatos Nano, accused two important socialist challenged by traditional party structures that ministers of abusive activities and corruption too often support personality over principle, in 2001. No further effort to prove their reward loyalty rather than vision, and innocence was made; the two ministers were centralize power rather than sharing it with its invited two months later to be part of the members. The casualties are transparency and government as the reshuffling of the socialist accountability; the victor too often is cabinet in the name of “integration efforts.”18 corruption, and at the end of the day the public Such hectic behaviors are not only rooted on interest is not served.21 Different solutions the legacy of the past, where the leader was have been suggested to somehow improve the always the one in power of the party and internal organization of the parties in Albania. accountable to no one, but these behaviors also One such suggestion, put forward by the promote the personal power of the leader National Democratic Institute for while decreasing the trust of the electorate and International Affairs in Albania in September the party as a whole. 2003, was that the introduction of “One Furthermore, the political scene is Member One Vote” is an important tool in dominated by power struggles that the promoting internal democracy. Although there politicians at this point do not even take the have been some achievements, party leaders pain to veil as shallow values and mythic continue to monopolize Albanian political alternatives but present merely as personal parties. confrontations. The ideological distinction Political scientist Nick Ellison has commented between the two main parties of the left and that “because of the totalitarian past, party right is becoming increasingly blurred and the leaders try to keep their power acting in parties have often swapped roles. On a number oligarchic way, despite progress in other of occasions, the DP has acted like a center-left essential issues.”22 party, while SP is increasingly behaving as a The oligarchic organization of parties center-right force.19 Even the international and the roots of party-state legacy have created community is drawing attention to the another negative phenomenon characteristic of negative effect of democracy on Albania. Not Albanian political elites in the years of alleged long ago, Doris Pack, Chairwoman of the democratic transition: the boycott of European Parliament's Delegation for South institutions. After every contested election, the Eastern Europe, said that the main problem in opposition has walked out of the parliament, Albania is that “political leaders deal with their leaving institutions unable to perform as personal political battles within the party or forums for political debate and democratic between opponents. They do not have much management. One of the reasons for time to think about the fate of the country and boycotting the parliament is to influence the 20 the people.” There are reform-minded politicians in 21Jennifer Butz. “Remarks on 2005 Parliamentary all major Albanian parties, many of whom are Elections in Albania” United States Helsinki Commission. Delivered by Jennifer Butz, Resident climbing in rank. Their cause is often Director for Albania, National Democratic Institute for International Affairs March 21, 2005: 18 Krasniqi (2006). http://www.ndi.org (accessed May 13, 2007).
22 19Artan Fuga. Majtas Jo Djathtas (Tirana: Ora, 2002). Dan Redford, Najada Tafili, Elton Stefania, and Blerina Karagjozi. One Member One Vote, An Essay 20 Interview with Doris Pack, BBC, January 2004. Summary (Tirana: NDI, 2005).
outcome of political elections; in times of crisis, believe are rooted in its communist past.26 poll results have sometimes produced Since the first pluralist elections in Albania in majorities that exceed two thirds of votes in 1991, every round of the electoral process has parliament, leaving the opposition parties as been marred with problems. Such problems ineffective. A boycott is seen as the only way to dealt with the legislative framework, voter remove legitimacy from acts perceived as roles and registration, political parties, shady unconstitutional and directly harming the coalitions, civil society, and the role of the losing side. 23 media. Problems were also related to the Boycotts are not a thing of the past. In management and organization of the main 1998, the Democratic Party refused to sit in electoral body, the Central Elections Parliament for over a year. Also, the decision of Commission (CEC). the Socialist Party to boycott two meetings of The first pluralist elections in Albania the Parliament in November 2006 were organized in 1991, while the Party of demonstrated how easily Albania could relapse Labor of Albania (the Communist Party) into extra-institutional politics during which remained in power. These elections were not the opposition often takes the political struggle largely considered a part of the democratic outside of Parliament and into the streets.24 process in Albania since they were organized while former communist elites remained in 2. FREE & FAIR ELECTIONS power. Nevertheless, these elections signaled Despite the continuous efforts, free and fundamental changes for Albanian society and fair elections, one of the main pillars of politics. The first opposition party, the democracy, still appears to be an unachieved Democratic Party, gained support in many objective in Albania. If one looks at important cities from a large group of citizens international and national monitor reports on in urban areas. The political tension and public elections, one would note that the on-going unrest that followed these elections, which evaluation by international monitoring groups were also affected by changes in some Eastern is that elections have “signaled considerable European countries, made possible the improvements over the past processes, yet organization of elections in March 1992. These Albania has a long way to go before it fulfills elections were considered a great step forward internationally excepted standards for and a clear indication of the strong desire democratic elections.”25 Albania is a Albanians had to introduce democracy to the parliamentary republic and holds general country.27 elections once every four years, while local Thus, this electoral process marked a elections are held once every three years. The distinguishing experience in the legitimacy of history of elections in Albania is characterized election results since they produced the only by many issues, which many political scientists uncontested results in the electoral history of the country. This is argued because these
23 Blendi Kajsiu, Aldo Bumci, and Albert Rakipi. 26 Albania - A Weak Democracy A Weak State (Tirana: Blendi Kajsiu, Mustafa Nano, and Andrea Stefani are AIIS, 2001). sourced in different articles in local press (such as the Starndard and Panorama). 24 Freedom House. Nations in Transit (USA: Freedom 27 House, 2006). Blendi Kajsiu, Mustafa Nano, and Andrea Stefani are sourced in different articles in local press (such as the 25 Ibid. Starndard and Panorama).
elections did not simply bring a change in in Albania, found the following: a polarization government but a significant overall change in of political debate in parliament precluded the system. These elections were also believed compromise and stymies reform efforts; the to be uncontested since the Socialist Party existence of a disconnect between elected accepted its legacy from the past, since it had officials and civil society, affecting the public’s less than a year that had changed the name ability to hold leaders accountable; an electoral from Party of Labor, the only party during reform is still necessary and a point of communism. As for the other election cycles, if contention, especially concerning the issue of one pays attention to continuous reports, one voter identification; and parties need to will see that the main problem is the lack of improve policy development and legitimacy and a history of boycott, which is communication between headquarters and accompanied by the “winner take all” attitude. local branches.30 Except for the 1992 elections that brought a The continuous struggle for legitimacy change in the regime, all other parliamentary in elections is best expressed in one of the elections in Albania have been challenged by reports that Freedom House prepared for the the losing party as being not free and fair. state of democracy in Albania. “Albanian Eventually this also inspired the tradition of democratization brings to mind the legend of boycotting the legislative institutions from the Sisyphus: It is marked by periods of progress losing party. Once a party comes to power, the followed by serious setbacks that bring it entire state apparatus changes, and the ruling repeatedly to the starting point.”31 During majority works on its interest by amending 2005, Sisyphus was climbing up the hill again: laws and exploiting institutions. The year was marked by free although unfair The elections of 1996, when the ruling elections.32 These elections were followed by a Democratic Party was expected to win, were peaceful rotation of power, the resignation of seriously marred as the democrats were SP chairman Fatos Nano following the SP assigned close to 90 percent of the seats in the electoral defeat, and a renewed optimism on parliament. According to international the country’s progress toward EU observers, “32 articles out of 79 dealing with integration.33 the pre-election period and Election Day were Most of the international monitors, violated.”28 The country almost reverted back scholars, and analysts expected better into an authoritarian regime when the conditions for the most recent local elections, President of Albania and Democratic Party but they were proven wrong. In fact, the chair, Sali Berisha, organized a farcical country was in a four month political and election under martial law for himself to institutional crisis when the two main parties become the new President in parliament.29
On the same regard, the last report of 30 NDI Albania. “Albania: 2007 Local Elections” the 2007 local elections by observers, a local National Democratic Institute for International Affairs: effort organized and supported by National http://www.ndi.org (accessed May 14, 2007). Democratic Institute for International Affairs 31 Freedom House (2006).
32Citizens Advocacy Office. Dritare per Transparence 28 OSCE. Report on Albanian General Elections of (November 2005). 1996: www.osce/odihr/report (accessed in May 2007). 33Albanian Institute for International Studies. Albania 29 Rama (2006). and EU: Perceptions and Realities, 2005 (2005).
were not able to engage in a political dialogue promises for a new beginning. 35 At the same regarding the organization of the local time, it seems that whenever a party comes elections. The election day failed to be within into power it creates new institutions that the constitutional timeframe, and the election represent only a part of society. Some parties administration failed to meet most of the even change the number of ministries international standards for holding free and according to their need to please junior allies. fair elections. As of February 25, 2007, as many as 144 complaints against election results and 3. RULE OF LAW invalidation requests had been filed with the As previously mentioned, one of the CEC. In addition, the General Prosecutor’s main pillars of democratic governance is free Office reported that 36 election-related and fair elections that bring about legitimate criminal charges were filed between February representation and institution building based 18th and 20th. 34 on a stable and positive political climate. Until Linz and Stepan suggest that now I have tried to show that, despite some consolidation is complete when the improvements, many problems regarding government and opposition and interest elections and political parties are still strongly groups become accustomed to resolving rooted in Albania’s past. Moreover, these differences within the laws, procedures, and traits have become so standardized that they institutions of the democratic regime. One of can no longer be considered transitional the most significant traits in Albania is the characteristics.36 identification of institutions with the political The fifteen-year failure of democratic party that is identified with the government. In governance to create strong institutions is the democratic process, these institutions are most evident in the judicial system. The justice replaced periodically by political parties system is seriously flawed, and one of the main through the electoral process. As previously reasons is the trend to change the legal mentioned, elections in Albania bring about framework based on petty political interests, not only a change in government and the such as…., rather than broader public ruling party but also changes in public interests, such as…. In 1997, the country administration. When the first democratic experienced the worst political turmoil, which government came into power in 1992, deep bordered on anarchy. The two main political changes in state institutions were justified by parties were both responsible for this turmoil, the fact that the country changed from one although no politician or culprit has been regime to another. However, this practice has occurred for over fifteen years. Political parties in Albania still preserve the authoritarian 35 In 1996, political campaign was still focused on tradition of considering the state as the fighting against communism, where we see the first property of the party in power. Each party signs of authoritarianism with the then President Sali develops new ways of changing the country’s Berisha. In 1997 and 2001, the campaign was based on the fight against authoritarianism accompanied by the history by completely overthrowing what the pointing of fingers for the 1997 national turmoil. I previous ruling elite have done and making 2005, the campaign focused on corruption rhetoric. For more, see Blendi Kajsiu’s article published in 2004, “Ligjerimi Steril, Politika dhe Shoqeria.”
34 Albania, OSCE Presence in. Legal Sector Report for 36Thomas Carothers. “The End of Transition Paradigm” Albania (Albania: OSCE, February 2, 2004). Journal of Democracy 13, no. 1 (2002).
made accountable despite the continuous According to the political analyst Ardian rhetoric and court cases.37 Klosi, this action is typical of communists. “In The main problem with the judiciary my opinion this is a typical communist style, seems to be an inefficient and dependent when the leader reveals publicly participations justice system, which hampers the effective in crimes. It is the most wrong action that a democratic governance in Albania. The failure democratic society can expect,” underlined for the reformation of the judiciary can be Klosi.38 attributed to both the executive and the In this regard, it is believed that such judiciary itself. The executive has obstructed conflicts divert attention from the basic the creation of an independent judiciary in problems within the justice system. The last order to use it for political purposes. While the reports during OSCE’s presence in Albania judiciary has not been able to reform due to its and Freedom House seem to suggest that the high levels of corruption, it has been sustained main problems of the judiciary are the by the political immunity vested by the corruption and the lack of political will to executive. There has been an on-going vicious purge itself clean of this phenomenon. Another circular discourse; no matter what party was in problem is the general perception to accept the government, blame was placed on the corruption as part of the status quo rather than judiciary for implications in corruption, an institutional issue per se. trafficking, and organized crime. “[If] the judiciary is not independent What has been considered the fierces and it is vulnerable to the power of money, attack against the judiciary is the latest social considerations, and diverse pressures, confrontation between the executive and the
General Prosecution office. In one of the latest 38 “As long as all the people are prejudged as guilty and attempts, Albanian Prime Minister Sali as long [as] no proofs are available, but the only proof is Berisha openly attacked the General the public blackmailing, Albania will keep on suffering Prosecutor, Theodhori Sollaku, by trying to its bad image of justice, especially with the EU countries, where it wants to adhere”, emphasized Veliaj. dismiss him. Some of the comments made by Yesterday there were also reactions of independent press analysts and representatives of the civic analysts of the Albanian press. In this way, Andrea movement in Albania regarding this issue Stefani has considered the action of DP a public discuss Berisha’s fear and insecurity, an urge to blackmail. “We have seen and we are still afraid that such proofs, even if they exist, will be used for preserve the old mentality, Berisha’s attempts blackmailing, not for justice,” declared Stefani. to dominate in the justice process, and Meanwhile the analyst Mustafa Nano has considered attempts to blackmail the general attorney. them as lack of institutional culture. “The Prime minister is leading a trial and is giving adjudications in televisions, in squares, on Easter day, the moment he 37 In 2000, there were attempts from the socialist Prime goes out of the Cathedral. This is an anti-institutional, Minister to place blame on the opposition leader. The anti-constitutional culture”, said Nano. Meanwhile case eventually went to court, and the opposition leader, Nazarko comments on these developments, saying that Sali Berisha was called to testify as the then President of they bring only effects in the collaboration between the the country. But Berisha did not appear and the case General Attorney and the Ministry of Interior Affairs. went to deaf ear. This affected the socialists’ “But practically, I think that the most harmful effect on campaigning and winning of the 2001 elections, leading these actions is the collaboration of the Ministry of the Democrats to turn the situation in their favor in Interior Affairs and the General Attorney,” said 2005. This suggests that if there had been any effort in Nazarko. Some of the comments as accessed from the trying to respect and enforce rule of law, such cases are article ““Mjaft” and the analysts: the accusations against sporadic and occur only when one party experiences a Sollaku are public blackmailing” in the national crisis and needs some way to win the elections. newspaper Korrieri, dated 18 April 2006.
[then] this vulnerability puts justice on the the rhetoric through which people were kept auction block.”39 The rule of law operates isolated and afraid under the constant threat of when the judiciary is autonomous from the the iron fist of the communist state before the other branches of government. Without the 1990s. However, the current Non- rule of law, horizontal accountability cannot Governmental Organization sector (what is emerge to enforce sanctions and maintain thought of as the defining example of civil responsible government.40 Until now there is society in Albania) is one of the most trusted no case that shows that politicians and public sectors in the country. 41 officials have been made accountable for their A weak aspect of NGOs in Albania is wrong doings. that they mainly deal with awareness campaigns and capacity building, emphasizing 4. CIVIL SOCIETY freedom of information. The underlying Another suggested prerequisite from assumption is that the more people are Linz and Stepan for democratic consolidation informed about democracy and deals with the necessity of the existence of civil democratization, the larger their participation society. This sector helps democratization and impact in the process is going to be. On efforts that take place outside of the political the contrary, this approach of civil society has arena. The term civil society in Albania is decreased rather than increased public mainly applied to a number of non- participation in the process because simply governmental organizations, which are donor telling people to participate is not a good dependent and donor driven. Despite some enough approach to contribute to the progress, civil society remains weak and democratization of the country. Shortcomings unorganized. This sector is characterized by of politics, dissatisfaction with the political efforts of being neutral and unbiased, elite, representation crises, and a lack of trust abstaining from rather than emphasizing in political institutions are addressed only accountability, and avoiding rather than through training of personnel and awareness influencing the political democratization campaigns. Additionally, since there is only a process. Political analysts suggest that the donor-dependent civil society sector in main reason for the weak organization of civil Albania, organizations in Albania have to society is because the state controlled every somehow prove their independence from aspect of life during communism. As a result, political actors in order to receive funding. organization by non-political actors and This independence has been translated by interest groups was not possible. At the same different organizations into a protest against time, once democracy opened up, some of the every party (the ruling or the opposition), concepts associated with the organization of civil society, such as community role, 41 See the “National Youth Survey”, fielded by community organization, volunteer work, etc., International Republican Institute in Albania, in had negative connotations because this was February 2003. The argument for this by the coordinator of the youth project (IRI), Najada Tafili, in an interview for Arberia TV, was that in a low income economy and 39Andreas Schedler, Larry Diamond, and Marc F. poor job market in Albania, youth tends more to trust Plattner. The Self-restraining State, Power and NGOs as a good source of income and fair employment Accountability in New Democracies (US: Lynne Reiner opportunity, associated also with the fact that NGOs Publishers, Inc., 1999). deal mainly with awareness campaigns rather than action per se (accessible at IRI website at 40 Ibid. www.iri.org/albania).
blaming everybody equally, and holding no Despite the mentioned problems, one in particular accountable for the wrong- reports from OSCE, USAID, and Freedom goings of the country. House suggest that certain initiatives and Albanian NGOs are not only ideas put forth by the civil society have taken dependent on donor funding, but are also root, such as those pertaining to human rights, entirely dependent on donor priorities in media and research. However, the dependency which donors articulate their priorities while on donor funds is still disturbing since there is Albanian NGOs try to act around these a tendency on the part of civil society priorities in order to survive. These NGOs do organizations to accommodate their projects not act based on a mission, value, or interest as to the objectives of donors rather than the per their role in the democratization process priorities and needs of the country.43Apart but on the fear of being judged as biased. from money and funds, there is also another Nevertheless, in a democracy every individual factor for the dependency and confusion of or organization is allowed to establish its civil society on the international organizations. public stand and opinion contributing to This is related to the lack of legitimacy and the healthy democratic governance. One example unstable political situation in Albanian politics of this could be the fact that, on the eve of the and society, which has assigned the 2003 local elections campaign, the USAID international community with a very important Mission in Albania issued a statement role in the domestic political agenda, confirming the great importance of the role of accompanied also with some competency women in politics. Many NGOs advocating issues. for youth and women (campaigns that In one of the analyses of the role that flourished around that time) were eager to the international community should play in participate in any of the projects announced by domestic politics it is said that the legitimate the Mission. Once the local elections passed, role of the international community with the problem of diversity quotas was not regard to national democracy has never been emphasized for the next two years, coming up clearly defined. The presumption is that again in 2005 when again the Mission people should exercise their democratic rights 44 announced a good chunk of money for projects without outside interference. Yet, the dealing with women in politics. (The sudden Albanian experience speaks for such an rise in interests from NGOs on this subject international involvement that somehow is coincided once again with the new infusion of transformed from a moderating or monitoring funds.) The competition of women in politics role into the role of arbitrator. Such is the case is related to problems of internal democracy of of the OSCE presence in Albania, which has political parties; one could be inclined to think become a third party political actor in the that this is not the highest priority for civic country,45 only contributing to the general organizations.42 confusion in politics and civil society alike.
42 Arguments raised in one of the debates from “Top Show” every night talkshow in March 2006, where the 43 UNDP. Human Development Report for Albania (UN. subject was “The role of women in Albania”, as well as 2000): 71. one of the debates I had with some of USAID Mission in Albania, while I was working as Program Officer for 44 Schedler et al (1999). Leadership and Reform Academy in NDI, Albania mission. 45 Bumci et al (2004).
CONCLUSION justice system and its ability to act as a The main goal of this paper has been to trusted referee and a guarantee for a viable analyze how necessary prerequisites for democracy and the rule of law. democratization fit into the Albanian case, as 4. A social and political environment well as to analyze why Albania is different from conducive to the growth of “civil other Eastern European countries. This paper society,” meaning associated groups not analyzed the question of why Albania remains formally linked to the government and an unconsolidated democracy. The political parties. The problem in Albania is prerequisites that this paper dealt with were: that the civil society is not economically 1. A functioning and respected “POLITICAL independent and focused on local SOCIETY,” meaning parties and other priorities. Instead the civil society sector is institutions necessary for choosing leaders dependent on international donors and and policies. Political parties in Albania are tends to go along more with donor still too attached to the communist legacy priorities. Although some improvements and the internal party organizations have been made, Albanian civil society continue to show a lack of democratic remains confused regarding the role it practices. Politicians still continue to should play in the democratic development respect “the winner takes all” attitude. In of the country. order for democracy to consolidate it is imperative for political parties and In conclusion, this paper posits the politicians to show political will in notion that most of the problems associated negotiations and institution building past with the democratization process are related to petty and momentary interests. the fact that Albania has failed to do away with 2. FAIR AND FREE ELECTORAL its individual communist past. “Fifty years of SYSTEM. In Albania, the case of elections dictatorship, confusion and fear are deeply keeps taking two steps forward and one rooted in the memory of all Albanians, and the step back. This means that some revolution against totalitarian communism in improvements are done, but the bottom Albania should be studied as a separate case in line is that elections still remain in conflict revolutions theory. There is no belief in with international standards. The trend institutions as the state machinery of the past here is for the losing party to boycott the left deep injuries in the Albanian society.”46 It political debate rather than accept is imperative for the Albanian political and elections results, while whatever party social actors to understand that the gains power starts with dismissals and consolidation of democracy comes through changes in the executive agencies. cooperation not based on self-interests but on Elections in Albania do not promote society-oriented interests. The rules of the legitimacy for a continuous and healthy game should be accepted by all parties in play, political debate as based on principles and vis-a-vis all the democratic actors in a healthy values of democracy. democratic environment. 3. THE RULE OF LAW. The main problem of the judicial system in Albania is the lack of strong independent legal institutions. Widespread corruption and political 46Sami Rrepishti. The current State of Democracy in influence have greatly undermined the Albania (AU: Institute on East Central Europe, 1996).