Between the political convenience and equal opportunities Project name: EU is NOT a member of your party
Donated by: FRESTA
Partners: Educational Center - Krusevac Youth Cultural Center - Bitola Albanian Youth Council - Tirana Association for Democratic Initiatives - Gostivar
Publisher: Association for Democratic Initiatives
Chief editor: Lulzim Haziri
Editor: Bekim Abdullai
Coordinators: SEE-YN: Igor Milošovic - ADP ZID, Montenegro Sanita Jashari - ADI, Kosova Gerti Shella - AYC, Albania Aleksandar Ivanovic - EDC Krusevac, Serbia Zlatko Talevski - YCC, Macedonia BHRN: Bekim Abdullai - ADI, Macedonia
Proofreader: Njomza Selimi
Design & Pre-press: Valbon Elmazi
Copies: 700
Printed: “Sofija” - Bogdanci South East European Youth Network Balkan Human Rights Network
Between the Political Convenience and Equal Opportunities
Project with financial support of Danish Ministry of Foreign Affairs (FRESTA)
Gostivar, 2006
CONTENT
Chapter I - Introduction and ID of the Project
I.1. Introduction I.2. Identity card of the project
Chapter II - The research
II.1. The range of multiplication of the number of political parties and political pluralism.· II.1.1. Albania II.1.2. Macedonia II.1.3. Serbia II.1.4. Montenegro II.2. The public about the equal opportunity chance II.3. The media picture of the political party suitability
Chapter III - European standards and practice
III.1. The analyses of the EU standards III.2. Parallel experiences
Chapter IV - Conclusions and references
Chapter V - Annexes
V.1. Cross cutting initiative V.2. FRESTA program and network of the project participants V.3. Identity card of the partners in the project V.4. Questionnaire
Chapter - I - Introduction
Between the political convenience and equal opportunity
PhD Pande LAZAREVSKI
Introduction Being member of some political party is a benefit inherited from democracy, and parties themselves are political organizations aiming at getting the power in order to realize their own programs for leading the society and draw off their own ideas in the reality. However, it is exactly the power arising the aim that makes inter-partial fights even harder from what a polite debate is meant Introduction to be regarding different ideological conceptions and differences regarding only few things. Politicians lead by personal interests to get and keep power (status, material, control etc.), change inter-partial fight into a fight between biggest enemies. This misuse of one of the biggest benefits of a democratic society – competitiveness of different political elites and pluralism of opinions, is mostly reflected in so-called transitional societies (characterized for the low level of economic development, subjected and undeveloped political culture and low level of human rights protection).
There is a significant politisation in all spheres in transitional systems. This is where the bearers of power have very big political power compared to states with stabile democracy. The concept political totalitarian in transitional systems is clearly visible and it presents its bases for preservation of power by all costs. In such environment, political opponent is seen as someone to jeopardize someone’s status, and acting in opposition is seen as an activity that mines an established ruling structure. In lack of political toleration and un-protection of pluralism, discrimination based on political parties membership has tendencies to be widely developed.
Discrimination is to not make possible or to hinder someone from enjoying certain human or civil rights on the basis of particular affiliation or convictions. In transitional systems, political discrimination is done not only towards those who belong to some opposing party, but also to those who seem not to be their partisans and those who have publicly presented their opinion that differs from the one of the ruling parties. Therefore, speaking about political discrimination in these countries might be a better terminology than using political party discrimination. As the state administration is not independent, it is being used from ruling parties in order to discriminate. It can be seen in different spheres with different victims and it can be perceived in different ways. While acquiring certain documents from state institutions, while using some health service, while studying, while being employed or fired from work, when being promoted – actually in every contact with the state the one that won’t share the same opinion with the ruling party will be “punished” as he/she dared to think differently and believe in other political alternatives and therefore have different political opinions.
In conditions of undeveloped economy and lack of transparency in recruiting staff in the public administration, the ruling party blackmails those who support it and promises them employment (or that it will not fire them from work if they support it) and those who don’t support the ruling party are threatened that will never be employed. Those who bow down to ruling elites get promoted in their careers and those who don’t share same opinions as theirs are degraded because they don’t respect criteria to be promoted in the administration. In lack of rule of law tenders and concessions are being given to firms close to the government. In all this labyrinth of political games, the problem of preferentiality or situation where the opponent is not directly damaged but benefits are given to the one that support the ruling elite as some kind of a passive discrimination (I am not punishing you, but I am also not awarding you). In such case we are talking about violation of equitability and unequal treatment. In this kind we are talking about benefits that are gained by supporting particular ruling party, but the principle of ineluctability is violated no matter the fact that direct violation of someone’s rights is not included.
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Identity card of the project
Between the political convenience and equal opportunity
Identity Card of the Project Identity Card of the Project
In order to prove starting assumption that political discrimination in our societies is a common practice and to find out what the roots of this practice are, we have carried out a research that has given us answers to these questions, relevant information and good basis for further activities. Moreover, research results are a powerful tool in any lobby or advocacy initiatives for further work in this field. The research has three parts.
Firstly, the research has investigated the opinion of wider public using the questionnaire as a tool and it has been implemented in all countries/territories included in the project. Methodology of the research and questionnaire is the same for everyone. Certainly, representative sample is different and based on size and population of the particular country/territory.
Secondly, the research has included eight eminent experts and consultants who have worked on comparative analysis of the findings and legal issues related to this topic in our countries. They have compared those findings with EU standards and legislation. Thus, the idea is not merely to present current situation in our countries than also to present the standards and legislation existing in EU related to this issue and then to see what needs to be done and what the steps are in order to harmonize our legislation with EU.
Thirdly, the attitudes of the politicians and experts relating this issue have been presented in the final document of the research through interviews.
At the end, all research results including analysis, interviews with politicians and experts and recommendations are published in this book. This book will be distributed to the relevant stakeholders.
The draft version of questionnaire was prepared by expert team of ADI. During the preparatory meeting in Krusevac all aspects of the questionnaire were clarified. After the meeting some additional comments were taken into consideration and the final version was produced. The questionnaire was made on door to door method. In addition, according to the relevant statistical data was foreseen and implemented adequate and proportional dissemination of the questionnaire through cities and villages. In order to have a clear overview, during the dissemination of the questionnaires, in particular gender balance and profession, in conformity with statistical data was taken into consideration. Also particular attention was paid to the inclusion of unemployed people, with particular focus on youth. After words, the questionnaires was processed in a particular software for processing statistical data SPSS, that would enable experts to easily process data and to get the outcome.
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Chapter - II- The Range of Multiplication of the Number of Political Parties and Political Pluralism
Between the political convenience and equal opportunity The Range of Multiplication the Number Albania Political Parties and Pluralism by Altin Goxhaj
Public Administration in the Republic of Albania (employment in public administration)
A brief history of the period of transition The transformation of Albanian society, from a totalitarian society in a democratic society, was accompanied with a long process of the public administration transformation. In the totalitarian communist society, the main criterion of employment in public administration was the political criteria. The political difference was evident in all the involvement stages in the work in administration and it was the main criteria of job assessment and stability in administration. . The detachment from communist system started a new phase of the public administration organization as well as of the employment in this administration. This 15 years process has made important steps toward fulfilment of European standards for the establishment of public administration and its access to the citizens. . After the elections on 22 march 1992 the first democratic government was established. Because of the lack of democratic experience and the pressure of discriminated strata of the former system, the steps of the first democratic government towards public administration, despite the promises, remained a copy of the former politics. On behalf of the war against communism the existing professional criteria were left apart, staff files were removed, and the main criteria was the participation in anti communist movement. The main law for the reformation of administration was the article 24/1 which related the nomination and employment of the officers in all levels to “attitude towards reform” “. On the efforts to overcome this phenomena, which brought negative impacts, in 1996 was approved a law about the civil service, which tried to define the employment structure for the officers of central administration. The law charged the Department of Public Administration for the implementation of this system. At that time this structure was compound by 3 persons. The duties and responsibilities that the law imposed were not in accordance with the actual structure of this department. The law defined a difference in the method of recruitment by assigning test as a method of selection and employment in the ministry level. But it is a fact that up to 2000 these procedures did not change, the nomination was still made by order of official. This law was also defined the role of the Commission of Civil Society, which did not function. As a consequence the law remained inapplicable. The reform in public administration started after the approval of the government of the Strategy for the Institutional Reform and of Public Administration in 1999 and after the creation of Inter ministry Board for the institutional reform and public administration. The most important part of this reform and one of the priorities of the work of governmental structures is related to the reforms in civil service in Albania which has started in 1999 after the approval of law about civil officer and after the establishment and qualification of the responsible structures for its implementation and supervision.
In 1999 Albanian Parliament approved the law nr. 8549 date 11.11.1999 “The status of civil officer”. In the first half of the year of 2000 and on , were approved ( and improved where it was necessary) a number of legal and sub legal acts, directives and manuals, which created the full legal base for the proper implementation of the legislation of civil service and for the support of the reform in this field. In this way there were approved the sub legal acts about:
19 Between the political convenience and equal opportunity
- admission in the civil service ( there were made some amendments of it) - parallel movement and promotion ; dismiss from civil service ; - training of civil officers and the Institution of Training for Public Administration; - rules of discipline and disciplinary procedures; - assessment system of civil officers achievements ; - classification and description of jobs in the civil service, including the work of general secretaries in the civil service; - the role and responsibilities of general secretary as the most important civil officer; - the levels and structures of salaries in the civil service; about nomination and dismiss of the institution’s officials who depend on Council of Ministers and ministers. There were also approved, the law about ethic rules on public administration; the rule about organization and functioning of the Commission of Civil Service; the memorandum of collaboration between executive and the Commission of Civil Service; The Department of Public Administration completed the sub legal base by designing some useful manuals for the implementation of legislature of civil service; manual for the minister; manual for general secretary; manual about the procedures of structural and organizational amendment of institutions of public administration; etc.
From the time that law on civil service was approved up to now, was created the necessary infrastructure for the implementation and supervision of legislature of civil service.
Structural reform played an important role in the transformation of public administration:
- It was altered the structure and the organization and it was increased the number of
Political Parties and Pluralism officers of the Department of Public Administration who were trained in accordance to the new responsibilities based on law legislature. - The Range of Multiplication the Number It was totally established the Commission of Civil Service, as an independent institution which reports to the Parliament and disposes the claims related to the rights of civil officers, and supervises the implementation of law about civil officer in all the institutions included in its activity field; its technical Secretariat functioned officers of this institution participated in an intensive training. - There were reviewed the structures and responsibilities of Management Directories, and the Development of Human Resources in accordance to new responsibilities , and they were submitted to an intensive training about all the elements of legislature implementation of the civil service starting with submission, discipline, job description, job assessment etc.
In July 2000 it was implemented the first test for the recruitment of civil officers and in continuance there were created all the possibilities for the implementation of procedures of civil officer, by increasing and strengthening the capacities the development of recruitment procedures, which was reflected in the increasing number of competitors each year, and in the drastic decrease of competitions annulled from the Commission of Civil Service.
The implementation of this legislature in the institutions of central administration has essentially contributed in work guarantee in the civil service and the procedures of competition are fully implemented in these institutions. This good experience in legislature implementation and the guarantees assured by it have made possible that in gradual way, in accordance with priorities, the activity field of legislature of civil service could be expanded in some essential institutions of public administration. We can mention here the expansion of law implementation about civil service of
20 Between the political convenience and equal opportunity The Range of Multiplication the Number Public Procurement Agency officers, tax system officers, and the expansion of principles of its procedures for the officers of custom administration and in some other institutions. Political Parties and Pluralism
Inter institutional collaboration and coordination has come across some restrains which have considered it as a violation of integration and institutional independence. These restraints which were mainly observed between CCS and DPA but even between other institutions that operate in public administration, are overcame in general through an accurate implementation of law and reciprocal responsibilities, through accomplishing successfully the duties defined by Parliament, international agreement and law for each institution, in the civil service and in reform improvement in the Albanian Public Administration. ,
THE MAIN PRINCIPLES OF PUBLIC ADMINISTRATION The implementation of the Agreement of Stabilization and Association in European Union, defines the necessity of preparation of Albanian public administration and its officers with the demands and standards of the administration of the countries of European Union., by determining a well organized work of all state institutions in Albania; of Council of Ministers as an institution that defines the main directions of national policies in the civil service and of CCS as an independent institution responsible for the supervision of civil service management in all institutions that take part in the activity field of law nr. 8549, date 11.11.1999 “Status of Civil Officer” in particular. One of the objectives of Albanian in accomplishing European standards is the transformation of politicized state administration in public administration. Country development and integrating processes have created possibilities to expand the reform in this field, to create in Albania under the European model, the layer of administrators and public officers, who professionally implement the developing programs and laws. This is a condition to put state in the service of citizens. Public administration in Albania includes all the officers, the activity of which is afforded from state budget and it is compound by: - Central institutions administration (Council of Ministers, ministries) - Independent institutions administration - Local government administration (municipalities, districts, communes) The reform in public administration is based on these main principels: - Reliability –legal safety - Opponent and transparency - Responsibility - Efficiency and effectiveness Depoliticization of Public Administration Generating from a communist system, administration in Albania has suffered and still suffers the consequences of its politicization. But it is a fact that especially the last four years, in the frame of reforms’ process for the fulfilment of standards that will facilitate country integration in European community, public administration has gone through important changes, in the essence of which is the depoliticization of public administration and the protection of its officers from political changes. The results of this process were more evident in the period of 2001-2002 when there were made changes in governmental cabinets. These changes did not shock the administration, by marking this way the most important indicator of its sustainability. The factors that brought these change are: . - the establishment of public administration activity on legal basis - recruitment based on principles of professionalism, merit and political impartiality, non participation on political forums. - being on citizens’ service - supervision of law implementation by legal institutions, etc.
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The selection and employment of civil and state officers in public administration Important changes have been made in the whole employment process in administration. This process has been and remains difficult. Anyway the process will be successful if it is based on law: legal improvement and in particular the rigorous law implementation. The main cause that marked the progressive changes is the definition in law of primciples on which the administration operates (law Nr. 8485) and the Work Code for the administration based on this law. The main difference in the process of admission in public administration is the competition to win the right for employment.
The competition for job vacancy in public administration is based on respective legislature: based on law “ About the civil service” in the institutions that are part of the civil service and also based on specific laws for other institutions and independent institutions. The main characteristics of competition of employment are:
1. Transparency After job vacancies are defined by the institutions the law imposes transparency. Transparency is made through notification in media and in internet for all who are interested in it. In the vacancies notification it is included job position, job requirements, wage categorization, deadline of consignment and the date of competition. Transparency is an indispensable condition for this process.
In the central administration, which is managed by DPA , transparency and the process of recruitment is more transparent and based on legal demands, in other indipendant institutions and especially in
Political Parties and Pluralism the organisms of local government ( excluding some main municipalities , as Tirana municipality etc) we have come across deviations from the law to inform the public. The Range of Multiplication the Number During project implementation, in independent institutions which are not included in the civil service, we have encountered in phenomena that verify that these deviations from law are present and violate the right of citizens to be informed and to feel equal in the labour market. . When we asked the persons in charge of staff management which were the job vacancies and how do they nominate people they answered: “ I don’t know”, “ the director knows”, “ the director does it” ….
2. Equality between competitors According to law, in a competition all applicants are equal, are submitted to the same demands and are assessed without discrimination.
Actually the tests are prepared from an ad-hoc committee which is compound of university professors, who ensure a high level of questions and a professional selection of best applicants.
But anyway in practice there are made evident cases in which some specific applicants are more privileged because of their relations with the director. There are cases when the number of the applicants requested by the law is fulfilled by persons who compete formally (in agreement with the pretending candidate). As a result, there have been cases of delaying some times of the test terms because of the lack of the applicants, who often do not trust on these tests. Such phenomena compromise hard the testing procedures.
22 Between the political convenience and equal opportunity The Range of Multiplication the Number 3. The right of the official to select among three first applicants. According to law, the official has the right to select between three applicants who have taken more Political Parties and Pluralism points in the competition. This right is justified by his right to confront the points with the files of the winners and the opportunities of each of them to accomplish the responsibilities of his or her position. In this law definition can be put some limitary criteria, because there are cases when the difference between points of applicants is very big.
The competition procedures are the general rules of labors in the institutions of public administration. The admission made through competition according legal procedures is having an expansion even in the other institutions of public administration called ( based on law terminology) independent institutions. Parliament The further challenges of competition process are two: Selection of best applicants (in few words in a managerial expression: the improvement of “production” quality of the process of competition). the respond in proper time to the institutional needs through a selection process that reflects the dynamism of public administration.
Despite competition expansion to win the right for recruitment in public administration, the employment by contract continues to exist. Employment by contract is a phenomena inherited from the past and conditioned in a certain way from the long necessary period for admission. The ministries aiming to fulfill the structure and to accomplish their objectives use the nominations by contract. There were taken some measures to diminish this phenomenon and as consequence employment by contract is actually limited. By order of Prime Minister, employment by law can be made only in emergency cases, when the procedures for competition, selection and nomination are a constraint to implement a service or a process. As such case we can mention the employment by contract from the Ministry of Local Government and Decentralization of the officers who made the National Register of Citizens before the electoral campaign in 3 July 2005.
Decentralization reform brought changes in the administration of the organisms of local government. This administration is incorporated in the civil service and ran under important changes. Local government administration is based on the respective law and it is submitted to all the rights and obligations as all the officers of civil service.
The decentralization process of the local government, the transfer of competences and important responsibilities from central government to local government ( we can mention tax collection, investments in education and health, social service etc) makes the role of local administration vital and determining. The involvement of this part of public administration in the civil service is implemented to create a sustainable local administration, qualified and motivated. The responsibilities defined in article 10 of law “Status of Civil Officer” are not fully implemented from the units of local administration, which are independent in the management of civil service. Sporadic employment in the units of local government follows the legal procedure of law “Status of civil officer”. The organized competitions are characterized by lack of necessary number applicants and by low level of assessment. The directors of local government organisms, by the lack of a supervising institution for human resources management and by profiting from the status of independent institution, do not follow the legal procedures for the civil service. It is noticed they employ and dismiss a lot of people when institution’ officials are changed. At the same time the
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officers are not yet totally aware of the right that legislature give them in the civil service. Although the number of civil officers in the institutions of local government is higher than in central government, 64% of the claims on behalf of Civil Service Commission are made from officers of central institution. 56% are not approved because of the lack of a regular employment procedure.
As it can be noticed, there is a lot to be done in local government, regarding the increase of leaders’ capacity, and the acknowledgment of law and right and obligations of civil officers. Albanian government has approved “The strategy of training local government officers” which aims the increase of managerial abilities of the officers of civil government. A special part of this strategy is the increase of capacity for the implementation of legislature about civil service.
The implementation of civil service legislature in the organisms of local government is not in the same levels as in the central government. This is due to the legal infrastructure, the possibility of accurate law implementation, not knowing legal provisions, including directors and officers with the lowest level of applicant preparation in the units of local government. In this level although they are part of civil service it is evident the permanent alteration of administration depending on political changes, made more evident after local elections in 2003.
The most protected part of public administration remains the civil service, which as we emphasized above consists of 10% of public administration. The officers that after competition are nominated in the civil service should pass the test period, 1 year, after which they get the confirmation of the officer of civil service. The test period 1 year is necessary so that the civil officer can learn about his job position, trained, it
Political Parties and Pluralism is obligatory ( by law). During this period he or she is supervised by an experienced officer, who follows his work and helps him in the work process.
The Range of Multiplication the Number After confirmation as civil officer, the officer ensures the rights by law: The most important right is stability, permanent guarantee of status and the right to work in the civil service, because of unambiguous definitions in law. The person has the right of lifelong nomination, by being protected from job dismissing for other reasons not included in law: law break. The procedures of the measures towards civil officers vary from a written remark to exclusion from civil service. For job vacancies in central administration it is forecasted the right to fill the vacancies through internal transfer which are temporary. . At the same time DPA keeps “ the list of expectancy of civil officers” in which are included the civil officers who have the status of civil officers and are not employed in the civil service because of objective reasons ( restructuring, demand changes etc) . these people have the right of wage for one year up to nomination in another position. This is the category which is activated in these vacancies.
- Unified wage system for the whole system. In public administration wage system is transparent. - Social protection ( paid vacations, the right to save work position in cases of training abroad, payment in cases of restructuring, suspense in cases of political nomination, wage up to a year by being in the expectation list). There are made important steps on the efforts to include in administration capacities and resources that have gained experience from university and master study abroad. The Prime minister decision and the Strategy Nr. 7, data. 07.01.2005 “About employment promotion of students who have studied abroad”, ensured employment opportunities for the students who have studied abroad, within specific criteria. There are abrogated the age criteria for the specialist level (which restrained
24 Between the political convenience and equal opportunity The Range of Multiplication the Number these persons to compete for the position of specialist) – and the selection is done based in the test points and files. After that the students continue to work as all others creating integration Political Parties and Pluralism opportunities.
The right for career For the civil service, the law ensures opportunities for promotion. According to approved law nr 342, date 14.7.2000, “About parallel movement and promotion of civil officer” by establishing this right on legal basis. Career is based on experience, rich file, and in results. The results are based on positive annual assessment. A necessary condition for career is the confirmation of the status of civil officers. . For the rest of public administration, which is not included in the civil service the rights and obligations will be defined from the labors code.
The implementation of an horizontal career for civil officer in central government institutions is another important aspect which aims at following motivation of civil officers, who work for a long time in a position and do not have promotion, but mean time they get experience and must be differed from just nominated civil officers. The right for qualification This right is known by law, creates possibilities to the civil officers to qualify themselves and to be on the level labors market demands, as well as to create the necessary capacities for a better work and career. Only the employment in public administration guarantees these opportunities for qualification whereas the private sector does not guarantee this right.
In 2001, Albanian Government made the first steps for the foundation and functioning of the Institution of Training Public Administration. ( ITPA) as well as the establishment of its advising organism. The operation, creation and capacity strengthening was made possible from technical assistance and financial support of some international partners.
In 2004, Albanian Government approved the entire financing of ITPA activity from budget funds and for some special projects of ITPA it will be supported by foreigner donors. ITPA is now a state institution which is completely financed from state budget and this will continue to be the method of financing. ITPA has created a network of national trainers, who have designed a series of general and special curricula and also made trainings for trainers, by increasing the number of qualified people who will make trainings. This trainers network is a mixture of academics and field specialists, by joining the academic formation to practical experience. Anyway it should be paid a special attention to the following selection of these trainers, to ensure the most efficient professionals. The government approval of a special decision for the fees of trainers and the method of their selection has helped for this purpose.
In 2004, after a process of needs assessments for trainings in public administration ITPA designed an ambitious training plan which can be resumed in 5 main pillars: Public Administration and Legal Cases; Institutions Management and Financial Management; Management of Human Resources; Trainings on European Issues and the special Module for Trainings in Local Government. The responsibilities for ITPA strengthening remain: • capacity increase of ITPA and the institutions of public administration to implement a realistic process of needs assessment for training and designing work programs based on institutions needs , by having the support and technical support in the framework of CARDS 2003, with the aim to direct the work of ITPA in accordance to demands. (demand driven);
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• strengthening ITPA capacities for offering trainings (training delivery) and strengthening of trainers network of ITPA; • strengthening collaboration with the Agency of Training Local Government, in the frame of Experience exchange, curricula, and to augment the number of training programs for the units of local government.
The right to file a claim
The legislation for the civil service has forecasted a protective system, which implies the way of recruitment, the accomplishment of continuing assessments, the process of confirmation as a civil officer, the permanent status of civil officer, depolitisation, and principles of being professional. At the same time the law forecast the structures that guarantee the protection of civil officer in cases of abuse and law break. These structures are; Commission of Civil Service and Appeal Court.
The Commission of Civil Service
The creation of Commission of Civil Service as an independent institution in the structure of Albanian state is a great achievement about the institutional and legal reforms. The Commission of Civil Service serves as an element for justice, responsibility and transparency in Albanian civil service. This institution, independent from the Government, plays an important role for the guaranty, stability and protection of civil officers rights, the increase of level of management of human resources in civil service , for the consolidation, strengthening, and further progress of public
Political Parties and Pluralism administration, of civil service on one hand and the increase of legal guaranty in order to have a professional public administration, responsible for its obligations and based on the principle of
The Range of Multiplication the Number political impartiality.
CCS monitors the accurate implementation of the law nr. 8549 date 11.11.1999 “Status of Civil Officer” in the supervision of the management of civil service and the analysis, assessment, and right legal solution of the claims of civil officers. The Commission of Civil Service serves as an institutional and legal guarantee for a good collaboration between two functions political and public, by maintaining the integrity of each of these functions. The officer has the right to claim a file in CCS when his right is violated, in the competition phase, the right for qualification, career or when he is dismissed without right reasons.
Appeal Court is the next appeal instance for the civil service officer. The decision of Appeal Court is executable.
IV. STAFF MANAGEMENT Public administration implies two notions: 1) public administration which includes all the structures and officers who are afforded by state budget 2) civil officers ( who work in central institutions + independent institutions+ municipalities, districts) The administration of Council of Ministries, of ministries and central institutions is managed from the Department of Public Administration ( DAP) this is the division of administration which is managed with more quality according to the law.
26 Between the political convenience and equal opportunity The Range of Multiplication the Number The local government and independent institutions manage the process themselves based on a specific legislature on which they function as well as on the law for the civil officers. They should take Political Parties and Pluralism great care of this to guaranty the implementation of status of civil officer, which would have a positive impact on the efficiency of local administration.
Wage reform Wage reform is component of the management of human resources and a stimulating element for reaching the objectives.
The approval and implementation of the legislature for the civil service is accompanied by the approval of a new structure of salaries for officers of institutions which are subject of this law. This new structure of salaries is accompanied with a review of wage level is applied to all these institutions. Because of the priorities that this structure have in comparison to the previous structure, in the strategic plan is forecasted the expansion of this structure in all the institutions of public administration. This action includes in the process some institutions because of the impact and the financial effects that implies. . There is collaboration between the Department of Public administration, Ministry of Finance, and other institutions included, to identify the steps that should be taken and the legislature changes to be implemented for the improvement of wage system and of the bonus in general. In the same time it is forecasted the expansion of the new wage system parallel to the expansion of activity field of law on institutions which are not actually included in this legislation;
Wage restructuring is implemented as a part and in full accordance to the strategy of midterm finance designed by Ministry of Finance and approved from the government. Wage change has made the work in civil service more attractive. This fact can be noticed by the progressive increase of the applications for the vacancies declared. The wage variation has increased the system sustainability, by having an impact in the reduction of people who leave the civil service. Considering the objective to construct an effective administrative pyramid as well as to improve the proportions within the structure they implemented the categorization of job positions. The reform in wage system aims in these directions: - Application of the new wage system for civil officers in the institutions of central administration; ; - The expansion of new system for other institutions of civil service: it means the independent institutions and institutions which depend on the Council of Ministries and at the same time in this phase the expansion of wage system in health and education (two primary sectors of government program) as well as the intervention in the wage scheme for units of local government; - The cover of all institutions with the new wage scheme in accordance to budget possibilities. .
This intervention is implemented in three stages: - It started in 2001, with the proposal and approval from the Council of Ministries of the new wage system for the official and civil officers in the institutions of central administration (ministry and prime ministry) the administration of President and Parliament by decision nr. 711, date 27/12/200, “About the structures and wage levels of civil officers in the institutions of central administration, President and Parliament administration and some supplements and changes in law nr. 726 date 21.12.2000 “About the salaries of state institutions”, amended. The efficient implementation of this decision forecasted the completion of categorization for positions of sector chief and specialists within 6 month period from its approval.
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- In the second phase it is accomplished a part of the intervention, from which we can mention the implementation of new wage system for the “officers” of some independent institution and for some other institutions which depend on Council of Ministries as well as some institutions which depend from the ministers and from independent institutions. It is also implemented the review of wage system in some primary systems: - Officer with the status of state police force. - Military officers - officers with university education in health system and nursery officers ( as well as university education officers in the military hospital) Officers of pre - university education.
The third phase of wage system reconstruction aims in the reconstruction of wage system for the other independent institutions, institutions that depend on Council of Ministers and on line ministries plus the reconstruction of wage system of “support staff ” of line ministries, depending on budget funds
Considering an analysis of the actual wage system not only for the executive but even for the institutions which depend on the Parliament it results that:
Regarding the wage system for officials and officers of independent institutions ( those institutions who report to the Assemble) the competence system in wage classification is atypical and discretional and it is not in accordance to wage hierarchy or to principles of its classification. . Actually, the wage of titular or directive boards of these institutions is defined in one of the following ways: - Directly by their organization and function law
Political Parties and Pluralism - By Parliament decision (so, the law provide that the wage is defined by the Parliament), by titular or directive boards themselves (the specific law about their organization and function
The Range of Multiplication the Number gives the competence to define the wage of titular and administration to the directive organs of these institutions. - By Prime Ministry (the law transfer the right to define the wage to Prime Ministry)
Information technology and Data-base of civil officer It has been given a special attention to the development of information technology and to the use of these technologies in the management of human recourses. Based on the international experience on this field it has started the creation of a National Register of Public Administration. They have actually compiled a program and they have started to fill it with the data of all the officers of public administration. The register is nor yet functional because of data collection for all the officers and lack of necessary capacities for managing this kind of system. With the support of World Bank and by establishing a special unit, specialized for its management, we believe that this register will be functional within 2005.
When we take in consideration the national register of the staff, the law charges the Department of Public Administration to manage the registering process and the files process. The law guarantees the protection of personal data (only DPA and authorized people can use the register data). The staff register is an important tool for the effective management of human recourses, an accurate and safe source of information and a supportive factor in designing sustainable and long-term policies for the management of human recourses (new staff, retirements, and different scenarios for wage increase)
28 Between the political convenience and equal opportunity The Range of Multiplication the Number Especially two last years the process has had progress, about data entering and process completion. The register will assist for more accurate policies, efficient and successful for staff management Political Parties and Pluralism (reduction of average age, qualification training encouregment etc.)
The development of information technology Albanian government has already approved the National Strategy for Development of Information and Communication Technology for Albania (ITC), a part of which is the electronic governing. In this framework, the development of information technology in the activities of public administration, as a tool for efficiency increase in its activity as well as for the expansion of transparency, information and democracy , is one of the direction that will be considered with a special attention. To manage all the activity related to the forecasted development in ITC it is forecasted the creation of a inter ministry committee which will look through the proposals in technical level, will approve the policies in this sector and will coordinate different initiatives related to ITC.
Regarding the use of information technology in daily activities of public administration it is forecasted the establishment of a inter ministry network for transmitting the data, through which we aim to increase the speed and safety of information transmission , cost reduction in compiling the materials etc. At the same time it is forecasted the improvement of software for the national register of public administration. In this framework it is forecasted that the actual platform should be turned into a data based program, which will create greater possibilities and it will be more flexible for data improvement and information management. To protect the data included in this data base it is forecasted the compiling of necessary legal base for network safety and data usage.
Regarding public information for the progress in public administration it is forecasted that internet site of Department of Public Administration should be updated and give information about vacancies and special demands for these job positions. It is forecasted at the same time the creation of an on-line forum to discuss the issues related to public administration in general.
THE ETHIC OF CIVIL OFFICER
To have a more effective and professional administration the principle of which is to serve its citizens, it being invested also in the definition of rules and creation of a legal base for the ethic of civil officer. Circulation It was initially designed the ethic code, which was somehow formal and common. The approval of law “About ethic rules in public administration” defined precisely the main principles and obligations of officer to create the service ethic. This law becomes efficient in practice by being detailed in internal regulations (on function of each institution) The approval of this law marked a step forward in the definition of ethical standards of public administration. A series of measures have been taken to efficiently implement this law. These measures have informing character (trainings of civil officers regarding law provisions) and have also managerial character ( a series of procedures has been designed to be followed from the institutions with the aim of avoiding conflict interests during the procedures of civil officers nomination). To ensure the most efficient implementation of Ethic Code it is predicted the design of sub legal acts for the implementation of this law, and the continuance of trainings “ Ethic and Anticorruption”
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RECOMMENDATIONS
The reform in public administration has marked the establishment of the civil service in about 10% of it, with the aim of extending the action field for this system. In Albania it has the opinion support and increasing demands to establish an administration on legal basis, to release it from the pressure of politics. The increasing demands for the extension of civil service in all the administration are restricted by some factors, among which we can mention: Financial and organizational opportunities for the process of officers’ training and qualification The restricted possibilities to afford the salaries (involvement in civil service is accompanied with the involvement in the unified system of salaries of civil service , a system which has actually better salaries and social assistance ) The capacities not always attractive for the management and guarantee of career and civil service status in all the public administration structure.
Despite the achievements in the reform of public administration, especially in structures involved in civil service, we can say that it is still in risk. The factors that can threat the achievements and block the progress in this field could be:
• The lack of will of state leaders and other central and local institutions to rigorously implement the legislation and the creation of necessary structures and practices that ensures independence, depolitisation, and sustainability of public administration. This is evident in the whole process of recruitment, confirmation, career and guaranty of job stability. There exist distrust in the Implementation of law for employment and the proper equality in competition, employment and career. This is also clear from the jobseekers interest.
Political Parties and Pluralism They are more interested that who is the titular rather than to know the law and rules.
•
The Range of Multiplication the Number The spaces this law creates for illegal attitudes. Favored by the law according to which the officers dismissed from work and have the right from the law to benefit the wage of a year (which is paid from the institution) the officials dismiss the civil officers because they do not have financial consequences themselves. It is proposed that a part of the wage of this category of officer should be paid from the officials, with the aim of reducing the arbitrary, but this proposal is not approved. This kind of measure would have a positive impact on law implementation and in the guaranty of officers’ rights. • Periodical political rotation in central and local government. In all implemented rotations the winners have made substitutions campaign in administration. Meanwhile this is justified for the political part of the administration, the extending of changes in the public administration in general and at the civil service in particular, it signs a violation of the law and compromise hardly the administration activity and efficiency. Even actually, by the political force that has won the elections of 2005, there are transmitted declarations about cleaning of the administration within the criteria: “attitude to the reform” or by forecasting the restructure. Such declaration and attitudes are illegal , delay the building of a European parameters administration, even more that the attitude to the reform involves the directors and not the specialists, who are technicians.
1. based on the conclusions made we should work for the extension of field of activity of the law “Status of civil officer” improvement of recruiting procedures, the increase of objectivity and transparency, the reduction of discretion during the recruitment procedure and the reduction of costs of these procedures, the increase of applicant in job vacancies and the sustainability of civil officers.
30 Between the political convenience and equal opportunity The Range of Multiplication the Number
2. Legislature improvement about civil service Political Parties and Pluralism
• Law review of “ Status of civil officer” • Compiling and approving the secondary legislation to detail the legislative measures for Recruitment, parallel movement, and rising in position.; disciplinary procedures; Compiling Manuals about the activity of testing committees
3. Continuing monitoring for the implementation of the law about Civil Service and periodical publishing of these data.
4. The support of local government training. Compiling special training programs incorporated in the annual training program.
5. Structural and functional review of institutions as well as capacity increase of the institutions of public administration towards European Integration.
6. Enlargement of administration monitoring and attitude toward it of international institutions and organizations which supervise standard fulfillment in Albania. The attitude towards administration (recruitment qualification, sustainability and work quality) as one of the main standards to be fulfilled towards integration.
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Kosova
by Ibrahim Makolli
Governance in Kosovo and Electoral System
In accordance with the UN Security Council Resolution 1244, Kosovo continues to be administered by the United Nations Mission in Kosovo (UNMIK). UNMIK adopts regulations to approach to the civil and legal responsibilities of government subjects and private individuals and promulgates laws adopted by the Kosovo Assembly.
Short summary The UN Security Council Resolution 1244 put Kosovo under international administration and control. This international administration and control is made up by two pillars: - Peacekeeping forces lead by NATO, better known as KFOR assigned for security and peace in Kosovo; - The civil forces, better known as UNMIK, designated to build democratic institutions, promote rule of law and human rights, build a civil administration and ensure economic development. In order to realize this mandate, UNMIK is made up by four pillars: I. Police and Justice; II. Civil Administration; III. Democratization and Institution Building and IV. Reconstruction and Economic Development.
Political Parties and Pluralism According to the Constitutional Framework of Provisional Self-Government in Kosovo, Kosovo is an undivided territory throughout which the Provisional Institutions exercise their responsibilities.
The Range of Multiplication the Number Both the Constitutional Framework and its validity are related to the final solution of the status of Kosovo. Regulation 2000/45 on Local Self-Government in Kosovo is the first basic and detailed document regarding the municipalities and it constitutes the ground upon which municipalities are founded. UNMIK enacted the Constitutional Framework on Interim Self-Government in Kosovo (Constitutional Framework) that defines the Provisional Self-Government Institutions (PSGI). Kosovo has a multiparty political system with four major dominating Albanian political parties and some minority political parties and coalitions. The Parliamentary Elections of October 2004 were evaluated as generally free and just. The Electoral System in Kosovo is set forth with the Constitutional Framework1, Chapter 9 –
Provisional Self-Government Institutions. In this sense, the Kosovo Assembly is the highest representative and lawmaking body of the Provisional Self-Government in Kosovo. In accordance to this Chapter the Kosovo Assembly is made up of 120 MPs elected through secret voting. Kosovo is a single electoral multimember zone, with proportional system and closed lists, aiming at setting up the Assembly. One hundred (100) seats in the Assembly, out of 120, are distributed between all political parties, coalitions, citizens’ initiatives and independent candidates in proportion with the number of valid votes gained in elections, and the other twenty seats that are reserved for additional representation of non-Albanian communities in Kosovo as follows: • Ten (10) seats are reserved for political parties, coalitions, citizens’ initiatives and independent candidates declared to represent the Serbian community in Kosovo. These seats are distributed to political parties, coalitions, citizens initiatives and independent candidates in proportion with the number of valid votes they have gained in the elections, and
32 Between the political convenience and equal opportunity The Range of Multiplication the Number • Ten (10) seats are reserved for other communities such as: four (4) to Roma, Ashkalinj and Egyptians communities, three (3) to the Bosnian community, two (2) to the Turkish community, and one (1) to the Goran community. Seats Political Parties and Pluralism are given to political parties, coalitions, citizens’ initiatives and independent candidates in proportion to the valid votes they gain in the Parliamentary Elections. Each political subject in Kosovo must reach the quote of 0.50% to 1 % in order to gain a mandate in the Kosovo Assembly. The same Electoral System is foreseen for the local elections in Kosovo; each municipal unit (Kosovo has 30 municipal units) is a single multimember election zone.
Parliamentary Elections 2004 32 political subjects from all ethnic communities in Kosovo with the total of 1300 candidates were certified for the 2004 Parliamentary Election. The composition of the Assembly after the October 23rd 2004 Elections is as follows:
Political Party Vacancies LDK (Kosovo Democratic League) 47 PDK (Kosovo Democratic Party) 29 AAK (Alliance for the Future of Kosovo) 9 SLKM (SLKM) 8 ORA (Citizens List Clock) 7 KDTP (Democratic Party of Turkish in Kosovo) 3 VAKAT (VAKAT) 3 GIS (Citizens Initiative Serbia) 2 IRDK (New Kosovo Democratic Initiative) 2 PShDK (Kosovo Albanians Demo-Christian Party) 2 GIG (GIG) 1 LPK (Kosovo Nations Movement) 1 PDAK (Democratic Party of Ashkalinjs in Kosovo) 1 SDA (Democratic Action Party) 1 PD (Party of Justice) 1 PLK (Kosovo Liberal Party) 1 PREBK (Kosovo United Roma Party) 1
The executive power, the Kosovo Government was founded in December 2004 and it is made up by the coalition between the Kosovo Democratic League (KDL) and the Alliance for the Future of Kosovo (AFK). The Kosovo Government has 12 ministries and they are divided as follows: 1. Ministry of Local Government, chaired by KDL ; 2. Ministry of Public Services chaired by KDL; 3. Ministry of Environment and Spatial Planning, chaired by AFK; 4. Ministry of Economy and Finances, chaired by KDL; 5. Ministry of Energetic and Mines, chaired by AFK; 6. Ministry of Labor and Social Welfare chaired by AFK; 7. Ministry of Transportations and Communications chaired by KDL 8. Ministry of Trade and Industry, chaired by AFK; 9. Ministry of Culture, Youth, Sports and Nonresident Issues, chaired by KDL; 10. Ministry of Agriculture, Forests and Rural Development, chaired by the Serbian List for Kosovo; 11. Ministry of Health, chaired by Group 6 (non-Serbian minorities) KDL and 12. Ministry of Return and Ethnic Minorities, chaired by the Serbian List for Kosovo. Part two: concise review and discussion of the political parties scene in all countries; the estimation of pluralism and governmental replacement; the level of separation from the authoritative
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regime; hidden and/or public renovation of the intervention of political party in the employment sphere – renovation of the principles of political party suitability.
2002 Local Elections a) Election System In accordance to the Constitutional Framework for Interim Self-Government in Kosovo2, local elections in Kosovo organized in 30 municipalities took place on November 17th 2002.
Municipalities in Kosovo Competences of Municipalities Role and competences of local government are regulated with UNMIK Regulation 2000/45 on SELF-GOVERNMENT OF MUNICIPALITIES IN KOSOVO. Until the future status of Kosovo is decided, in accordance with the UN Security Council Resolution 1244 the provisional institutions of autonomous and democratic self-government of municipalities in Kosovo are established as an initial step towards progressive devolvement of administrative responsibilities of the United Nations Mission in Kosovo (UNMIK) that is supervising and assisting the consolidation of these institutions. Municipalities regulate and lead public issues in their territory within the boundaries set forth by law in order to make sure and provide conditions for normal and peaceful life for all citizens of Kosovo. They are authorized to take care of issues of common interest for the municipality, that are not under the exclusive mandate of the Central Government or any other organ. Municipal organs and instances take care that their inhabitants enjoy all rights and freedoms regardless of race, ethnicity, color, gender, language, religion, political opinion or any other opinion, regardless of national or social background, regardless of property ownership or any other status with the aim that they enjoy equal rights and particularly equal rights in employment in municipal
Political Parties and Pluralism services of all levels. In their policy making and practice, municipalities should put in action the need for accelerating co-existence among citizens and create adequate conditions in order to enable all
The Range of Multiplication the Number communities to express, preserve and develop their ethnic, cultural, religious and language identity. Each municipality has its own legal status, the rights to posses and administer with property, the possibility to submit indictment and be charged by courts, to sign contracts and the right to employ.
Responsibilities and mandate of municipalities Each municipality, within its own boundaries and provisions of the existing laws, is responsible for the following activities: a) Offering basic local conditions for a sustainable economic development; b) Urban planning and land use; c) Issuing construction permits and other developments; d) Local environment protection; e) Implementation of construction regulations and control over construction standards; f) Offering local and infrastructure public services, including water supply, aqueduct and sewerage, local roads maintenance, local transportation and plans for local heat; g) Public services, including fireman services and emergency; h) Administering with the municipal property; i) Pre-school, primary and high education; j) Primary health care; k) Consumer and public health protection; l) Issuing permits for services and supplies, including entertainment, food, markets, local public transportation and taxi services, hunting and fishing, restaurants and hotels; m) Fairs and markets; n) Designation and re-designation of streets, roads and other public places in accordance
34 Between the political convenience and equal opportunity The Range of Multiplication the Number to the provisions of Chapter 1, Article 9 and Chapter 2, Article 11; o) Security and maintenance of public parks, open spaces and cemeteries; Political Parties and Pluralism p) Other similar activities, important for the proper administration of the municipal territory, otherwise not foreseen by law.
In addition to this, municipalities within their territory can undertake activities related to other municipal matters, such as: a) Tourism; b) Cultural activities; c) Sports and activities; d) Youth activities; e) Advancement of economy; f) Advancement of civic values.
Role of the SRSG in the local government The Special Representative of the Secretary General (SRSG) holds all the power vested by the UN Security Council Resolution 1244. He has the final word in taking decisions in regard to each provision of this Regulation. The SRSG can annul every decision of the municipalities if he considers it is in opposition to the United Nations Security Council Resolution 1244, UNMIK Regulations or other laws in force and if these decisions do not sufficiently take into consideration the rights and interest of the communities living within the territory of that municipality.
Competences of the municipal administrator Each municipality, in addition to the elected authorities, has its own international municipal administrator, who in accordance to his legal powers vested by the SRSG, should intervene in order to guarantee that municipal decisions are in accordance to Resolution 1244 of the UN Security Council and laws in force. The municipal administrator can intervene in order to guarantee respect of human rights fundamental principles and their equal treatment as well as protect the rights and interest of the communities. The municipal administrator has the right to suspend decisions and present each decision he considers to be in opposition with Regulation 1244 of the UN Security Council and the laws in force to the SRSG.
Structural Organization of Municipalities: 1. Municipality of Decan The Municipality has ten departments and over 65 thousand inhabitants (0.6% of whom are Montenegrin), with some 125 employees. These departments are: - Directorate on Common Administration; - Directorate on Economy and Development; - Directorate on Budget and Finance; - Directorate on Education; - Directorate on Culture, Youth and Sports; - Directorate on Agriculture, Forestry and Tourism; - Directorate on Health Care; - Directorate on Geodesy and Cadastre; - Directorate on Urbanism; and - Directorate on Emergency and Civil Defense
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2. Municipality of Dragash The Municipality having four departments chaired by Gorans out of eight, has over 40 thousand inhabitants: - Directorate on Education, Democratization and Media; - Directorate on Culture, Youth and Sports; - Directorate on Safety and Civil Emergency; - Directorate on Urbanism; - Directorate on Geodesy, Cadastre and Property; - Directorate on Planning, reconstruction and Development; - Directorate on Economy and Finance; and - Directorate Common Administration and Budget.
3. Municipality of Drenas The municipality has some 72 thousand inhabitants, 147 employees divided into ten departments: - Directorate on Common Administration; - Directorate on Economy and Agriculture; - Directorate on Finances; - Directorate on Education; - Directorate on Culture, Youth and Sports; - Directorate on Inspection; - Directorate on Geodesy and Cadastre; - Directorate on Urbanism; - Directorate on Health and Social Welfare;
Political Parties and Pluralism - Directorate on Safety and Emergency.
The Range of Multiplication the Number 4. Municipality of Ferizaj Has some 150 thousand inhabitants, 279 employees working in 11 departments: - Directorate on Administration; - Directo rate on Planning, Development and Reconstruction; - Directorate on Economy and Finances; - Directorate on Health and Social Welfare; - Directorate on Education and Science; - Directorate on Agriculture and Rural Development; - Directorate on Culture, Youth and Sports; - Directorate on Urbanism; - Directorate on Geodesy, Cadastre and Property; - Directorate on Civil Defense and Emergency; and - Directorate on Inspection.
5. Municipality of Fushe Kosova The Municipality has some 42 thousand inhabitants, 11 departments, 135 employees (out of which 30 are non-Albanian employees and over 300 women). According to the President of the Municipal Council of Fushe Kosova the following make up the departments of the Municipality: - Directorate on Finances; - Directorate on Health; - Directorate on Geodesy, Cadastre and Property; - Directorate on Culture, Youth and Sports;
36 Between the political convenience and equal opportunity The Range of Multiplication the Number - Directorate on Common Administration; - Directorate on Public Services; Political Parties and Pluralism - Directorate on Agriculture; - Directorate on Education; - Directorate on Economic Development; - Directorate on Inspection; - Directorate on Defense and Safety;
6. Municipality of Gjakova The Municipality of Gjakova, having over 150 thousand inhabitants, has 13 departments and 277 employees, out of whom 6 belong to minorities, 193 are male and 84 female. - Directorate on Common Administration; - Directorate on Education and Science; - Directorate on Budget and Finances; - Directorate on Public Services; - Directorate on Rural and Urban Planning; - Directorate on Culture, Youth and Sports; - Directorate on Property-related Issues; - Directorate on Agro-Culture; - Directorate on Economic Development; - Directorate on Inspection; - Directorate on Cadastre, Geodesy and Communication; - Directorate on Health and Social Welfare; - Directorate on Civil Safety and Emergency
7. Municipality of Gjilan The Municipality has over 130 thousand inhabitants and 390 employees. In addition to the functional committees, the Municipality has the following departments: - Directorate on Common Administration; - Directorate on Budget and Finances; - Directorate on Culture, Youth and Sports; - Directorate on Economy and Management; - Directorate on Agriculture and Forestry; - Directorate on Public Services and Investments; - Directorate on Public Safety and Emergency; - Directorate on Education; - Directorate on Health and Social Matters; - Directorate on Urbanism, Reconstruction and Environment; and - Directorate on Cadastre, Geodesy and Property.
8. Municipality of Istog The Municipality has some 55 thousand inhabitants, 139 employees, and 9 departments as follows: - Directorate on Common Administration; - Directorate on Urbanism and Ecology; - Directorate on Economy and Finances; - Directorate on Cadastre and Finances; - Directorate on Reconstruction, Planning and Development; - Directorate on Education, Youth, Culture and Sports;
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- Directorate on Health, Social Policy and Invalidity- related Matters; and - Directorate on Civil defense and Emergency.
9. Municipality of Kacanik The Municipality has over 50 thousand inhabitants, 123 employees and nine directorates as follows: - Directorate on Common Administration; - Directorate on Education; - Directorate on Health and Social Welfare; - Directorate on Planning and Reconstruction; - Directorate on Economy and Finances; - Directorate on Forestry; - Directorate on Environment Protection; - Directorate on Culture, Youth and Sports; - Directorate on Geodesy and Cadastre; and - Directorate on Urbanism.
10. Municipality of Kamenica Kamenica has over 60 thousand inhabitants, has a multiethnic composition. The Municipality is divided into 11 departments (36 women employed), as follows: - Directorate on Local Administration; - Directorate on Culture, Youth and Sports; - Directorate on Economy, Planning and Development; - Directorate on Budget and Finances;
Political Parties and Pluralism - Directorate on Civil Defense and Emergency; - Directorate on Urbanism;
The Range of Multiplication the Number - Directorate on Cadastre, Geodesy and Property; - Directorate on Health and Social Services; - Directorate on Education; - Directorate on Public Services; - Directorate on Agriculture, Forestry and Vet Services.
11. Municipality of Klina The Municipality has over 55 thousand inhabitants, 148 employees and ten departments as follows: - Directorate on Common Administration; - Directorate on Education; - Directorate on Economy and Finances; - Directorate on Urbanism and Public Services; - Directorate on Culture, Youth and Sports; - Directorate on Reconstruction and Economic Development; - Directorate on Agriculture; - Directorate on Geodesy and Cadastre; - Directorate on Health and Social Welfare; - Directorate on Civil Defense and Emergency.
12. Municipality of Lipjan The Municipality has 87 thousand inhabitants, out of which 10 thousand is the number supposed of people supposed to belong to the Serbian community. 178 people are employed in
38 Between the political convenience and equal opportunity The Range of Multiplication the Number the Municipality. - Directorate on Common Administration; Political Parties and Pluralism - Directorate on Spatial Planning; - Directorate on Culture, Youth and Sports; - Directorate on Economy and Finances; - Directorate on Agriculture and Forestry; - Directorate on Public Services; - Directorate on Civil Services and Emergency; - Directorate on Education; and - Directorate on Health and Social Welfare.
13. Municipality of Malishevo The Municipality has over 65 thousand inhabitants, 11 departments and 170 employees (none of them belongs to Serbian or other minority community); - Directorate on Economy and Finances; - Directorate on Urbanism; - Directorate on Planning, Reconstruction and Development; - Directorate on Emergency and Safety; - Directorate on Health and Social Policy; - Directorate on Culture, Youth and Sports; - Directorate on Education; - Directorate on Public Services; - Directorate on Geodesy; - Directorate on Agriculture and Forestry; and - Directorate on Common Administration.
14. Municipality of Mitrovica The divided city of Mitrovica has over 130 thousand inhabitants. - Directorate on Common Administration; - Directorate on Economy and Development; - Directorate on Finances; - Directorate on Urbanism and Reconstruction; - Directorate on Culture, Youth and Sports; - Directorate on Inspections; - Directorate on Agriculture; - Directorate on Cadastre, Geodesy and Property; - Directorate on Health and Social Welfare; - Directorate on Civil Defense and Emergency; and - Directorate on Education.
15. Municipality of Novoberdo Novoberdo is a very small municipality with some 5 thousand inhabitants, out of which 2 600 belong to the Serbian community and 40 are Roma. It has 71 public servants that are employed in six departments (one women chairs with one of the departments, i.e. the Directorate on Common Administration, and one women is vice-director, though the number of women employed is only 19): - Directorate on Urbanism; - Directorate on Reconstruction and Development;
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- Directorate on Economy and Finances; - Directorate (more precisely “Committee”) on Culture, Sports, Health and Education; and - Directorate on Common Administration.
16. Municipality of Obiliq The Municipality has over 35 thousand inhabitants, 3500 belongs to the Serbian community, has six departments and one office for communities: - Directorate on Common Services; - Directorate on Economy and Finances; - Directorate on Urbanism; - Directorate on Education, Culture, Youth and Sports; - Directorate on Geodesy, Cadastre and Property; and - Directorate on Health.
17. Municipality of Peja The Municipality has over 180 thousand inhabitants, 237 employees, some 20 other people engaged in the theater, library, the Bureau for the Protection of Cultural Monuments. 90 female employees are in leading positions. The Municipality has 11 regular departments and one department for inter-ethnic relations: - Directorate of Urbanism; - Directorate of Civil Administration; - Directorate of Health and Social Welfare; - Directorate of Culture, Youth and sports; - Directorate of Economic Development;
Political Parties and Pluralism - Directorate of Budget and Finances; - Directorate of Education and Science;
The Range of Multiplication the Number - Directorate of Municipal Affairs; - Directorate of Interethnic Relations; - Directorate of Agriculture and Forestry; - Directorate of Cadastre, Geodesy and Property; - Directorate of Civil Safety and Emergency.
18. Municipality of Podujeva The Municipality of Podujeva has over 150 thousand inhabitants and 200 employees in the civil sector. It has 12 directorates: - Directorate of Common Administration; - Directorate of Budget and Finances; - Directorate of Education; - Directorate of Culture, Youth and Sports; - Directorate of Economy, Planning and Development; - Directorate of Urbanism, Public Services and Environment; - Directorate of Agriculture and Rural Development; - Directorate of Cadastre, Geodesy and Property; - Directorate of Civil Defense and Emergency; - Directorate of Inspection; and - Directorate on Public Relations and Democratization.
19. Municipality of Prishtina
40 Between the political convenience and equal opportunity The Range of Multiplication the Number This is the biggest Municipality on Kosovo, with over 450 thousand inhabitants. It has some 625 employees, 30% of which are female. It is divided into 13 departments: Political Parties and Pluralism - Directorate on Common Administration; - Directorate of Economy; - Directorate of Finances and Property; - Directorate of Health and Social Welfare; - Directorate of Education and Science; - Directorate of Culture and Gender; - Directorate of Sports and Youth; - Directorate of Planning, Urbanism and Construction; - Directorate of Inspections; - Directorate of Rural Development; - Directorate of Cadastre and Geodesy; - Directorate of Public Services, Transport and Environment; - Directorate of Civil Defense and Emergency; and - Office of Communities.
20. Municipality of Prizren The municipality has over 250 thousand inhabitants, 21.966 Bosnian, 14050 Turkish, 302 Serbian and more than 5 thousand others (Roma, Ashkalinjs, Egyptians). 336 officials employed in 12 departments of the municipality. - Directorate on Common Administration and Local Communities; - Directorate on Culture, Youth and Sports; - Directorate on Construction, Reconstruction, Development and Public Investments; - Directorate on economy and Finances; - Directorate on Inspection; - Directorate on Urbanism and Spatial Planning; - Directorate on Property related Issues, Geodesy and Cadastre; - Directorate on Health and Social Assistance; - Directorate of Education and Science; - Directorate of Safety, Emergency, Environment Protection and Public Services; - Directorate of Agriculture and Rural Development; - Directorate of Traffic and Communication.
21. Municipality of Rahovec The Municipality has 25 thousand, over 1200 Serbian. It has 169 employees and 12 departments: - Directorate of Urbanism, Municipal Services and Traffic; - Directorate of Cadastre, geodesy and Property related Services; - Directorate of Finances and Budget; - Directorate of Budget; - Directorate of Common Administration; - Directorate of Agriculture, Economy and Forestry; - Directorate of Economy and Planning; - Directorate of Education; - Directorate of Reconstruction; - Directorate of Culture, Youth and Sports; - Directorate of Civil Services and Emergency; - Directorate of Inspection;
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- Directorate of Health.
22. Municipality of Shtime The municipality has some 35 thousand inhabitants and 64 employees. It is one of the smallest municipalities in Kosovo. - Directorate of Common Administration; - Directorate of Economy and Finances; - Directorate of Cadastre, Geodesy and Property; - Directorate of Planning, Reconstruction and Urban Development; - Directorate of Health and Social Policy; - Directorate of Education, Culture, Youth and Sports; - Directorate of Agriculture, Forestry and Rural Development; and - Directorate of Public Services.
23. Municipality of Skenderaj The municipality has 75 thousand inhabitants, 196 employees and 10 departments: - Directorate of Common Services; - Directorate of Defense and Emergency; - Directorate of Culture, Youth and Sports; - Directorate of Inspection; - Directorate of Education; - Directorate of Development and Projects; - Directorate of Urbanism; - Directorate of Geodesy and Cadastre;
Political Parties and Pluralism - Directorate of Health and Social Welfare; and - Directorate of Economy and Finances. The Range of Multiplication the Number 24. Municipality of Suhareka The Municipality has over 81 thousand inhabitants, 182 people employed in the Municipality and 12 departments (some of them are Roma, Ashkalinjs and Croatians). - Directorate of Common Administration - Directorate of Culture; - Directorate of Planning, Development and Reconstruction; - Directorate of Economy and Finances; - Directorate of Inspections; - Directorate of Urbanism; - Directorate of Geodesy and Cadastre; - Directorate of Health and Social Welfare; - Directorate of Education; - Directorate of Civil Safety and Environment; - Directorate of Agriculture; - Directorate of Property related Issues.
25. Municipality of Vitija This is a small municipality with some 65 thousand inhabitants, also Serbian and others. 168 people are employed in the Municipality. Departments: - Department of Common Administration; - Department of Finance;
42 Between the political convenience and equal opportunity The Range of Multiplication the Number - Department of Education; - Department of Culture, Youth and Sports; Political Parties and Pluralism - Department of Geodesy, Cadastre and Urban Planning; - Department of Health and Social Services; - Department of Reconstruction and Economic Development; - Department of Public Services; - Department of Public Safety and Emergency; - Department of Agriculture, Forestry and Hydro-Economy.
26. Municipality of Vushtri The Municipality of Vushtri has over 100 thousand inhabitants; 200 people are employed in the municipal administration and they are divided into ten departments as follows: - Directorate of Common Administration; - Directorate of Economy and Finances; - Directorate of Education; - Directorate of Urbanism and Spatial Planning; - Directorate of Culture, Youth and Sports; - Directorate of Inspection; - Directorate of Agriculture; - Directorate of Cadastre, Geodesy and Property; - Directorate of Health and Social Welfare; and - Directorate of Public Services.
Legal Framework UNMIK regulation provides for fundamental rights at work, including the employment relationship, terms of employment, and the right to form and belong to unions and other organizations without employer interference, but no explicit right of association, and workers exercised these rights in practice. Anti-union discrimination is prohibited and did not occur in practice.3
UNMIK Regulation 2001/9 on a Constitutional Framework for Provisional Self-Government in Kosovo. UNMIK Regulation 2001/19 on the Executive Branch of the Provisional Institutions of Self- Government in Kosovo. UNMIK Regulation 2002/5 Amending UNMIK Regulation on the Executive Branch of theProvisional Institutions of Self-Government in Kosovo UNMIK Regulation 2001/27 on the Essential Labor Law in Kosovo. UNMIK Regulation 2001/36 on the Kosovo Civil Service, governed by the principle of nondiscrimination. UNMIK Administrative Direction 2003/02 implementing UNMIK Regulation 2001/36. The Administrative Direction is a large step in promoting equal access to employment for members of minority communities within the public sector. 12 (twelve) Administrative Instructions implementing Administrative Direction 2003/02: 1. ADMINISTRATIVE INSTRUCTION NO. MSHP/DASHC 2003/01 RECRUITMENT
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PROCEDURES 2. ADMINISTRATIVE INSTRUCTION NO. MSHP/DASHC 2003/02 CONTRACT PROCEDURES 3. ADMINISTRATIVE INSTRUCTION NO. MSHP/DASHC 2003/03 PROBATIONARY PERIOD PROCEDURE 4. ADMINISTRATIVE INSTRUCTION NO. MSHP/DASHC 2003/04 DISCIPLINARY PROCEDURE 5. ADMINISTRATIVE INSTRUCTION NO. MSHP/DASHC 2003/05 APPEAL PROCEDURES 6. ADMINISTRATIVE INSTRUCTION NO. MSHP/DASHC 2003/06 PROCEDURES OF TERMINATION OF LABOR RELATIONS 7. ADMINISTRATIVE INSTRUCTION NO. MSHP/DASHC 2003/07 JOB DESCRIPTION PROCEDURES 8. ADMINISTRATIVE INSTRUCTION NO. MSHP/DASHC 2003/08 JOB EVALUTAION PROCEDURES 9. ADMINISTRATIVE INSTRUCTION NO MSHP/DASHC 2003/09 WORKING HOURS 10. ADMINISTRATIVE INSTRUCTION NO. MSHP/DASHC 2003/10 HOLIDAY PROCEDURE 11. ADMINISTRATIVE INSTRUCTION NO. MSHP/DASHC 2003/11 OFFICIAL PERSONNEL FILES PROCEDURE 12. ADMINISTRATIVE INSTRUCTION No. MSHP/DASHC 2003/12 EQUAL OPPORTUNITIES PROCEDURES
Political Parties and Pluralism • UNMIK REGULATION No. 2003/04 on the promulgation of Law No. 2002/9 on the Labor Inspectorate of Kosovo
The Range of Multiplication the Number 3 Ibid, 43
44 Between the political convenience and equal opportunity The Range of Multiplication the Number Macedonia Political Parties and Pluralism by Ph. D. Zidas Daskalovski
Macedonian Transition
Among the Eastern European countries Macedonia experienced a distinct, yet successful transition from authoritarian rule to democracy. Unlike most of the former communist nations, Macedonia experienced a reformatory path to democracy.1 The peaceful transformation of the Macedonian society in the early 1990’s was, however, proceeded by an uneasy period of democratic consolidation. The combination of the Greek diplomatic pressure and the economic embargo imposed on Macedonia (1992-1995), and the difficulties steaming from the observation of the UN sanctions against the Federal Republic of Yugoslavia significantly impaired the Macedonian democratic stabilization efforts. Due to Greek objections the admission of Macedonia to membership in the United Nations in April 1993 required the new member to be “provisionally referred to for all purposes within the United Nations as ‘the former Yugoslav Republic of Macedonia’ pending settlement of the difference that has arisen over the name of the State.”2 Although the reference to the former Yugoslav past was to be used within the UN as a result of Greek pressure other international institutions have kept refereeing to Macedonia as a ‘Former Yugoslav Republic’. Despite recent warming up of relations between Skopje and Athens, a Greek approval of Macedonia remains absent. Besides the “name issue”, during the democratization period the interethnic relations and the question of minority rights were on the forefront of the political issues on the domestic agenda. Following the warlike crisis in early and mid 2001, and the signing of the Ohrid Framework Agreement, Macedonia made a number of amendments to the 1991 constitution that clarified the position of the national minorities in the legal system.
Macedonian Elections
The unicameral Macedonian Assembly (Sobranie) is comprised of 120 members. According to the new electoral laws adopted in June 2002 (the Law on Election of Members of Parliament of 2002; the Law on the Voter List, and the Law on Election Districts) the parliamentarians are elected for a four-year term by those aged 18 and over, in six electoral districts. Each district has about 275,000 voters and elects 20 members by proportional representation subject to a 5% threshold. Each voter votes for a list and seats are distributed on a proportional basis, according to the D’Hondt formula. The nomination lists may be submitted by parties, coalitions of parties or groups of at least 500 voters. At least 30 per cent of the candidates on each list must be of different gender. The Macedonian political system is semi- presidential akin to the French model. The prime minister is the head of government and is selected by the party or coalition that gains a majority of seats in parliament. The president represents Macedonia at home and abroad and is the commander in chief of the armed forces. He is elected by general, direct ballot and has a term of 5 years, with the right to one re-election. Macedonia’s first free elections were held in November 1990. Although the pro- independence Internal Macedonian Revolutionary Organization; Democratic Party for Macedonian National Unity (VMRO-DPMNE) won most of the seats in the national parliament, the reformed League of Communists (SDSM) remained in power by creation a coalition government. Kiro Gligorov was inaugurated as the first Macedonian president. In the 1994 elections SDSM formed a coalition with the liberals and the socialists, while the two leading opposition parties VMRO- DPMNE and the newly founded Democratic Party decided to compete on their own. Since the elections were marred by problems which included inaccurate voter registration lists, gerrymandered
45 Between the political convenience and equal opportunity
electoral districts, and limits on independent media, VMRO- DPMNE and the Democratic Party opted to boycott the second round of the elections, thereby removing itself from the parliament altogether. In the presidential race Gligorov easily defeated the VMRO- DPMNE candidate, the writer Ljubisa Georgievski. The 1998 elections revealed a growing maturity in Macedonian politics. The main challenge to the SDSM came from an unlikely coalition of VMRO-DPMNE, and a newly formed Democratic Alliance (DA) of the politically liberal former communist-era official, Vasil Tupurkovski. The VMRO- DPMNE/DA coalition won 59 seats and SDSM conceded defeat after winning only 29 seats in the new Assembly. The coalition of Albanian parties won 25, the Liberal Democratic Party four, the Socialist Party won two; and the Alliance of Roma from Macedonia won one seat. After three election cycles and nine years after the beginning of the democratization process, the Macedonian electorate ousted the reformed communist and installed a new government led by VMRO- DPMNE and DA. Presidential elections are conducted by a clear majority, with provisions for a second round in cases where candidates fail to receive half of the registered vote. This requirement forced the 1999 election to proceed in two rounds since none of the candidates garnered a clear majority. In the controversial presidential elections held on October 31st and November 14th 1999, Mr. Boris Trajkovski the candidate of the main ruling coalition party, the VMRO-DPMNE came second in the first round to Tito Petkovski of SDSM, but managed to beat him in the runoff with 52.9% of the vote. The turnaround was attributed to the switch of Albanian voters behind Mr Trajkovski. At these elections 69.6% of the registered voters cast their votes. Macedonia’s fourth post-independence parliamentary elections were held on 15th of September 2002. Out of the registered 1,664, 296 voters, 1,216,339 or 73%, came out to vote on Election Day. The winners, the coalition “Together For Macedonia” comprised of the Social
Political Parties and Pluralism Democratic Union of Macedonia (SDSM), the Liberal Democratic Party (LDP), and a number of smaller parties representing the ethnic minorities in the country won 60 seats, while their main
The Range of Multiplication the Number contenders, the coalition between Internal Macedonian Revolutionary Organization–Democratic Party for Macedonian National Unity (VMRO–DMPNE) and the Liberal Party (LP) won 33 seats. The Macedonian Albanian parties won 26 seats, the Democratic Union for Integration (DUI), 16, the Democratic Party of Albanians (DPA) 7, Party for Democratic Prosperity (PDP), 2, and the National Democratic Party (NDP), 1, while the Socialist Party of Macedonia, 1. The new government is effectively a coalition between the parties that made up “Together for Macedonia” and DUI, the Prime Minister being the leader of SDSM, Branko Crvenkovski. Between January 2003 and March 2004 the government was led by Branko Crvenkovski but on February 26th, 2004 President Trajkovski died in a plane crash. Extraordinary presidential elections were held on 14th and 28th April 2004. The turnout was 54% and Branko Crvenkovski was elected president on second-round ballot with a percentage of the vote of 42.47%. The main rival, the presidential candidate of VMRO-DPMNE, Sasko Kedev gained 34.07% of the votes. The new prime-minister Hari Kostov, elected at 2 June 2004, had no party affiliation and lacked by this way a strong power-base in the ruling coalition. On 15th November he handed in his resignation, accusing the government that there is no consensus and teamwork in achieving Macedonia’s strategic goals. Especially he criticized the Albanian coalition-partner DUI to be interested only in the implementation of the the Framework Accord improving the status of the minorities in the country and not in market-oriented reforms. A new government led by Vlado Buèkovski (SDSM) was elected in December 2004.
46 Between the political convenience and equal opportunity The Range of Multiplication the Number The public administration: organizational structure and main competences Political Parties and Pluralism
Pursuant to Article 88 of the Constitution of the Republic of Macedonia executive power is vested in the Government, which exercises its rights and duties on the basis and within the framework of the Constitution and law. The Law on the Government adopted in 2000 (“Official Gazette of the Republic of Macedonia”, Nos. 59/00 and 12/03), determines the organization and work of the Government. The Government of the Republic of Macedonia as the holder of the executive power is responsible for the coordination and internal organization of all state administrative bodies. The Ministry of Justice is institutionally responsible for supervision of the implementation of regulations determining the organization and operation of the state administrative bodies. The Macedonian public administration is organized according to a two tiered administrative system. On the one hand, the central government is composed of the ministries and the other central government institutions, with offices, spread out over the territory. The central government has regional offices of the ministries in almost all towns in the country. Local offices of the ministries are established at the local self-government units within ministries or other state administrative bodies as their internal organizational forms. Such organization is determined by the Ministry’s act on internal organization. Local offices of the ministry at the local self-government units carry out administrative and other expert activities in administrative areas for which they have been organized. The other tier in the administrative system is the local government. At the central level, government and administrative activities are mainly regulated by three laws: the law on the role and activities of the government (Official Gazette n° 30, 1990); the 1996 Law on Public Administration which substituted the previous law (Official Gazette n° 40, and finally the 1996 Law on General Administrative Procedures.) These laws define the number, the typologies, the competences, and the working procedures for Ministries and other central public administration institutions. There are 14 Ministries in Macedonia under the current government. The bodies of the state administration perform their duties within their sphere of competence autonomously and on the basis and within the framework of the Constitution and laws, being accountable for their work to the Government. The activities of the ministries are in large part based on inter-ministerial cooperation. Each ministry must consult the other relevant ministries and administrative institutions before submitting its proposals to the government. In order to encourage this inter-ministerial co-operation, the government creates permanent or temporary inter-ministerial committees. Permanent working bodies are the general and specific committees. The Government has a number of specific but only three general committees: the Committee on Political System, the Committee on Economic System and Economic Policy, and the Committee on Human Resources and Sustainable Development. These committees deliberate on draft legal acts, and on implementation of policies and legislation within their terms of reference. The Government also established councils as permanent advisory bodies and there are two such councils: the Legal Council and the Economic Council. Upon a request of the Government or upon their own initiative, the advisory councils discuss and give opinions on particular legal, economic and other issues. The Government has established a General Secretariat as a service of the Government of the Republic of Macedonia which provides administrative support to the Government as a whole, to the Prime Minister, to the deputy prime ministers and to the ministers.
47 Between the political convenience and equal opportunity
There are other institutions within the central government. Thus, along with the 14 ministries The ministries are the following: Ministry of Defense, Ministry of the Interior, Ministry of Justice, Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economy, Ministry of Agriculture, Forestry and Water Resources Management, Ministry of Health, Ministry of Education and Science, Ministry of Labor and Social Policy, Ministry of Local Self-Government, Ministry of Culture, Ministry of Transport and Communication, and Ministry of Environment and Physical Planning), the non- ministerial administrative structures in charge of supporting government activities are also part of the central level of administration and include the Archives of the Republic of Macedonia, the General Services of the Government, the National Statistics Office, and the Commission on Religious Affairs, the Meteorology Office, and the Secretariat for Legislative Activities. These are structures that enjoy more autonomy than the ministries do, and usually answer directly to the Head of Government. Following the changes in the Law on Territorial Division of the country (Law on Municipal Boundaries) now, at the local level, the administration is divided into 84 municipalities (opstini) that enjoy autonomy with regards to local matters and that are partly self-financed and partly financed by the central state.
Decentralization of the Local Government in Macedonia: Reforms Trends, Legal Issues, Regulations, Issues of Financing
In Macedonia, the municipalities, within the framework of the Constitution, and the laws
Political Parties and Pluralism have a right to conduct matters of public interest in the areas not excluded from their competencies, or not in a competence of the state administrative bodies. The municipalities, within the national legal framework, regulate matters of public interest independently and in a manner determined by The Range of Multiplication the Number law; hence, they are responsible for their execution. The competences of the municipality, as a rule, are complete and non-transferable and cannot be taken from them or be limited, except in cases determined by law. The legal basis for local self-government was established in 1991 when the first democratic Constitution was adopted. This legal paramount act defined the municipalities as the basic unit of local government, and established the general principles for the organization, functions, and financing of the local governments, with the details to be elaborated in subsequent legislation. Such legislation was passed in 1995 with the adoption of the Law on Local Self-Government. This law established a strong-mayor form of government, with a directly elected mayor who is responsible for administrative operations, and an elected local government council. However, although the 1995 Law identified an impressive range of competencies of the local government, before the latest reforms and for a variety of reasons including poor statutory drafting, apparent lack of central government resolve, and the regime of fiscal austerity to which the overall public sector has been subject since 1994 Macedonia’s local governments actually exercised few of these competencies. In fact before the 2004 reforms, according to one analysis, measuring the country’s decentralization by the relative size of the budgets of its local governments Macedonia was one of the least decentralized nations in the world. In January 1998, the Government of the Republic of Macedonia instituted a Commission on Public Administration Reform headed by the Minister of Justice and that includes the Minister for Local Self-government. In February 1999 Macedonia defined its strategy for public administration reform, which identifies local autonomies as the cornerstone of the entire reform process. In order to analyze the state of the decentralization process and to increase the functions of local governments, Macedonia prepared an Action Plan that included the following steps:
48 Between the political convenience and equal opportunity The Range of Multiplication the Number Step 1 – Drafting a report that defines the strategy to be followed in local government reform. Step 2 – Revising existing legislation on local government, through the creation of three working Political Parties and Pluralism groups staffed by experts who will identify the changes to be made to the key laws in this sector: the Law on Local Self-government, the Law on Territorial Division. Step 3 – Defining standards that local governments will have to respect while exercising their functions; identifying adequate training programs for public management, in order to improve the efficiency and accountability of the public administration. In March 1999 the Ministry for Local Self-government launched Step 1 of the Action Plan by instituting a study commission staffed by representatives from the relevant Ministries (Local Self-Government, Finance, and Territorial Planning), mayors, local government efforts from the United States Development Agencies (USAID) and experts in administrative reform working on the EU PHARE program. An important development to reform implementation could come from the technical assistance programs sponsored by international organizations. The table below lists the main assistance programs to the Macedonian decentralization process that are either ongoing or soon to be implemented.
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Table 5 Assistance programs for the local government reform programs proposed by international organizations
Isnitiative Objective
UE PHARE Program of technical and Technical assistance in terms of financial other support of the public administration relations between the central (1997-1999) administration and local governments; institutional building and development of human resources; support for the Ministry of Local Self-government.
UE PHARE Program of support for the Support for the Ministry of Local Self- development of locale self government government. implementation of pilot projects at the municipal level aiming to assist the implementation of existing legislation and introducing legislative improvements; development of training programs for matters of local interest.
US Agency for International Development First phase Institutional building and (USAID) Programme for technical development of human resources; re- assistance in the reform of local self design of the financing system for local government (September 1999 - August governments; Second phase Support for 2002) innovative legislation: support for the improvement of service standards;
Political Parties and Pluralism development of competences in terms of collecting funds for local governments. The Range of Multiplication the Number United Nation Development Program Creation of a municipal development fund (UNDP) Project on urgent reaction to the to attract foreign financial resources for effects of the Kosovo crisis in the assistance programs to local institutions; Republic of Macedonia. creation of a Co-ordination Unit for activities proposed by international organizations.
United Nation Development Program Strengthening of local government (UNDP) Second Country cooperation for administrative competences and FYR Macedonia (2001 - 2003) capabilities; strengthening of the transparency and accountability principles in the management of public functions attributed to local governments.
However, except in periods of serious crises, like the one in 2001, donor coordination has been very weak. One should not that the level of official development assistance is fairly high (about 6% of the GDP) the largest donors being the EU (European Commission) and the USAID. The impact of the EU programs has not been as great as envisioned. Macedonia became a Phare partner country in 1996, having previously benefited from the Phare critical aid program (85 million euro, 1992- 1996). Between 1991-1999, FYR Macedonia received 449 million euro in commitments from the
50 Between the political convenience and equal opportunity The Range of Multiplication the Number EU budget including contributions for emergency humanitarian relief and for balance of payments support. This included nearly -200 millions from Phare funds. Political Parties and Pluralism Phare provided support for the overall public administration, aid coordination and the public investment process, the key area being reform of the public administration. However, despite this emphasis, the institutional achievements of the program have been low. Phare support was dispersed, did not take into account government commitment or key crosscutting issues (e.g. pay reform, politisaton of the civil service, etc). The public administration reform program was donor driven and did not focus enough on implementation.3 The EC’s support to the Public Administration Reform is a case in point. While an official ‘Strategy on PAR’ existed on paper, this strategy was not internalized by the government. The two Phare programs in support of aid coordination (ACU/ EIO) did not achieve its objectives, while the recent support to decentralized implementation (through the CFCU) has also failed (and centralization has been reintroduced).4 Following the Ohrid Framework Agreement, Macedonia has engaged in a thorough decentralization effort. In the process, the government has committed itself to devolve the responsibilities of the central government to the local government units. This may result in better governance and create more opportunities for citizens in general to participate at the civil society level which will further democratize and stabilize the country and provide better public inputs that ultimately should aim at enhancing the growth of the local communities as opposed to the centralized system that resulted in concentrating the power and the growth into the capital city. The decentralization also implies transferring responsibilities to local self-government in terms of collecting taxes and reallocation of funds for financing public services on local level. A new territorial organization of the municipalities of Macedonia was made creating a smaller number of units. The government aimed at correcting the deficiencies in the functioning of municipalities and enhancing their capacity to create sustainable local economic development by using own revenues. Macedonian authorities sought having municipalities that will be “capable to perform their functions, to prepare and realize plans for local economic development and to act as partners in the European Structural Funds in the cross-border regional cooperation.” The long overdue decentralization reform was, from a legislative point of view, finalized through the adoption of all the laws providing for changes in the system of local governance and financing. Thereby, the following laws were adopted: the Law on Financing the Units of Local Self-Government; the Law on Property Tax; the Law on Utility Fees; and the Law on the City of Skopje. In addition a number of special laws pertaining to the transfer of competencies to the municipalities were also passed by the legislature. Thus, with the intensification of the decentralization drive in 2004 the government passed a the key laws and realized Step 2. However, activities for the fulfillment of Step 3 of the Action Plan are still ongoing. The new local self government, adopted in January 2002, defines in very broad terms, the competencies of the local government, as well as its organization, administrative procedures, and mechanism for cooperation with other municipalities and with the Government. This law assigns the municipalities substantial new responsibilities, most notably in the fields of education and social welfare institutions. In line with the 2001 Ohrid Agreement the list of own functions of the local government units includes very significant social sector responsibilities such as the management and financing of primary and secondary education, old age homes, orphanages, pre-schools and ambulatory health care. Here, however, there is an “explicit recognition, that full responsibility for these social sector functions will be phased in over a number of years, with local governments first assuming responsibility for the operation and maintenance of infrastructure, and only later for personnel.”
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Political Parties and Governance
In the last fifteen years, Macedonia has been governed by a series of coalitions. Elections have generally been assessed as free and fair, with some irregularities. The party system is not defined by clear distinctions of political ideology. In fact, the two main political parties SDSM and VMRO- DPMNE do not much follow their supposed ideological outlooks. The social democrats have undertaken numerous policy measures close to the right wing political ideology, while DPMNE has advocated very leftist policies and laws. Such has been their political behavior that political scientists and ordinary citizens have difficulties distinguishing the party ideologies of the main parties. However, one can easily observe that the political struggle between the two main parties has been following the political battle lines drawn as Macedonia attained independence. Macedonian Albanian parties have shown similar tendencies with the exception that their lack of ideology is substituted by nationalism. The important Macedonian political parties are more mechanisms for distribution of patronage than real engines of democratic inclusion. It is important to note that the extraordinary power given to the leaders by internal statues leads to a lack of democratic accountability within the parties. Both VMRO-DPMNE and SDSM in the past fifteen years have been ruled by two extraordinary characters: Branko Crvenkovski and Ljupcho Georgievski. During their reign they have established an absolute control of the party and when in power of the government institutions. Such was the scope of control of the developments in Macedonia of these men that they could have afforded to publicly confront each other with claims of who has done bigger fraud and corruption without much remorse or consequences. Their leaving of the leadership posts of the SDSM and VMRO-DPMNE has left space for greater democratization within the parties although this is still a difficult task to be achieved in other political organizations in Macedonia.
Political Parties and Pluralism High voter turnouts at specific elections, be that presidential, national, or local, does not reflect confidence in the political system, quite on the contrary. Macedonians generally do not vote in favor
The Range of Multiplication the Number but against a political option in power. Once they get in power politicians often lose control of their accountability. After four years of rule citizens express their dissatisfaction with the governance by voting against the party in power and in favor of the opposition, be that VMRO-DPMNE or SDSM. Since these parties have taken turns governing the country, and showing poor performance their political leaders are not very well rated. In fact, almost no politician is highly valued in Macedonia. Furthermore, the problem of financing of political parties is particularly acute. As there is no well defined law on financing of the political parties there is plenty of room for influencing politics through ‘dirty money.’ Indeed, political analysts suspect that many Macedonian parties have operated closely with underground organizations and individuals. The clandestine financing of election campaigns and functioning of political parties leaves them hostages to various interest groups. Corruption and bad governance are direct results of paying back the patrons politics. Since political parties influence recruitment of new personnel in the state administration it is easy to understand why a big donor to the party would want members of his family or friends to be employed even if they do not qualify for the given posts. It comes to no surprise that opinion polls show very little public trust in representative institutions. On the other hand, the landscape of interest groups is still barely differentiated and has little political relevance. Their support is strongest, when ethnic issues are concerned. The development of the Macedonian civil society is rudimentary with two big foundations controlling the market of ideas and financial opportunities for NGO functioning. What is worse, political parties have infiltrated the NGO sector manipulating some civil society organizations to their interests. It is no rare occurrence that non-governmental associations are discredited because of real or alleged links with either of the two main political parties in the country. If getting employment in the public sector
52 Between the political convenience and equal opportunity The Range of Multiplication the Number has been marred by political patronage nowadays getting involved in the civil sector one runs the risk of being influenced by political manipulations and rackets. Political Parties and Pluralism In general, the authoritarian structured parties are a weak link in the Macedonian consolidation democracy. Furthermore, the Macedonian society as well as the political elite is split along ethnic and national lines. Although the Ohrid Accords have on the whole been successfully implemented through the legislative process, and in practice, there has been little sense of establishing a better and more meaningful contact between the two main communities, the majority Macedonians and the minority Albanians. The divide between the two groups still remain large. Resource constraints are a severe obstacle to imbalance facilities available for different ethnic communities. The recent decentralization effort should help bring better quality of service in the local municipalities and could help alleviate some of the problems when looking for employment.
The State Commission for Prevention of Corruption
In spite of the intensive international activities and declared strong political will for Euro- Atlantic integration and the harmonizing of the national legislation with the European Union standards and other international instruments, the Republic of Macedonia is still far behind their sufficient implementation and establishing efficient system for combating organized crime, and corruption. In April 2003 the Assembly of the Republic of Macedonia passed the Law on the Prevention of Corruption. The Law has created the necessary preconditions for the efficient functioning of preventive mechanisms against criminal offences connected with corruption, raising the responsibility of holders of public offices, restoring citizens’ confidence, and an efficient rule of law. The State Commission for the Prevention of Corruption was established in November 2002. The Government drafted a Proposal and the Assembly of the Republic of Macedonia adopted the Law Amending the Law on Prevention of Corruption in June 2004 (Official Gazette of the Republic of Macedonia no. 46/04). According to the amendments to the Law, the State Commission for Prevention of Corruption remains independent and autonomously carries out its legal competencies. One of the substantial changes of the Law, however, is that the Commission gained the status of a legal entity, which will certainly influence positively its operation not only from a formal point of view, but also in functional terms. The mandate of the members has been increased to 5 years. This will not apply to the current members, the mandate of which will remain 4 years, without the right to re-appointment.5 In accordance with the amendments to the Law, the members of the Commission appointed for the second term will perform their function professionally, as opposed to the current members who perform their function in parallel to their regular professional engagements. To increase the efficiency of the State Commission, a Secretariat will be established with 25 employees. Its task, performed by various departments, will be to elaborate the cases and thus assist the members in their work and in improving the timeliness of operation. The Law on Prevention of Corruption establishes the manner of work of the State Commission, so that it performs the duties within its competence at sessions which are attended by all its members. A session may be held also when more than half of the members are present. Decisions are taken with a majority of the votes of the total number of the members. It is noteworthy that in its two-year operation the Commission has debated very complex cases and a large number of initiatives, complaints, reports and alike. According to the Law on the Prevention of Corruption, the State Commission for Prevention of Corruption prepares an annual report that is submitted to Parliament and communicated to the President of the Republic, the Government and the media. The Commission reviews cases of alleged corruption, conflict of interest, and nepotism. During 2003, the Commission initiated 15 investigations and responded to 603 civil complaints concerning the work of state bodies, privatization procedures, judicial procedures, and
53 Between the political convenience and equal opportunity
other relevant cases. Of the 15 cases, 5 resulted in recommendations for continued investigations or court proceedings, 5 were dismissed or resolved without further proceedings, and 5 were stalled pending additional information from relevant persons or state bodies. The Commission acted on 427 of the civil complaints, of which 10 percent were ultimately submitted to competent state bodies for continued investigation. Last year the Commission held 56 sessions and issued opinions, which frequently included recommendations that the prosecutor initiate criminal actions against those judges against whom there is sufficient evidence of corruption. During 2004, 627 complaints (communication) in total were submitted to the Commission which considered 325 cases. Out of these, 33 initiatives and recommendations for taking further measures were submitted to the competent bodies, 59 cases following the procedure carried out in the Commission were forwarded to other competent bodies for further processing, and for 60 cases, following the procedure carried out in the Commission it was established that the Commission should not further act upon them. For 180 of the complaints that the Commission acted upon or for 55% it was established that the Commission is not competent to resolve them and the persons that submitted them were notified thereof. In addition to the total number of received reports, the State Commission formed on its own initiative 23 cases on current events and occurrences. The State Anticorruption Commission criticized the Public Prosecutor’s Office for a lack of cooperation in following up on cases brought by the Commission. The Chief Public Prosecutor responded by accusing one member of the Commission of conflict of interest for holding several public positions simultaneously. The Commission also challenged the president of the RJC for failing to submit her financial statements as required by the Law on Prevention of Corruption. Here is concrete data on the activities of the Commission in 2004 according to different type of complaints:
Political Parties and Pluralism Complaints on irregularities in privatization procedures
The Range of Multiplication the Number During the reporting year a total of 18 complaints stating irregularities in carrying out the privatization procedures were submitted. Out of the newly received the State Commission acted upon 15, as well as upon 12 submitted in the previous year, so that during the reporting year it was acted upon 27 complaints in this area in total.
Complaints on the work of state bodies
During the reporting year the State Commission for Prevention of Corruption received 190 complaints on irregularities in the operation of the state bodies. Out of the total number of received complaints in 2004 the Commission acted upon 81 complaints and upon 14 complaints received in the previous year, so that 95 cases in total were resolved.
Complaints related to the work of public enterprises, to health and education institutions
During 2004, 96 complaints in total were submitted for the work of the public enterprises, for the health and education areas. The Commission acted upon 70 of them, resolving 65.
Complaints on the work of the judiciary As in the previous year, a significant number of the complaints submitted to the State Commission refer to the work of the judicial bodies during the reporting year. A total of 182 complaints were received in the reporting year, compared to the previous year when 96 complaints were received. The
54 Between the political convenience and equal opportunity The Range of Multiplication the Number State Commission acted upon 100 cases in total (from the current and the previous year), and resolved 69. Political Parties and Pluralism
Complaints referring to bankruptcy procedures
During the reporting year a total of 42 complaints were submitted, while 32 were submitted in the previous year. Out of the total number of complaints the Commission resolved 29.
Complaints on deviant occurrences in trade companies
The citizens, in addition to other irregularities, indicate the irregularities in companies in which they worked or are still working in. During this year 70 such complaints were receives, as opposed to the previous year when 54 were received. It was acted upon 32, out of which 19 were resolved.
Other types of complaints
The State Commission for Prevention of Corruption receives complaints which refer to other types of forbidden or illegal behaviour than the already mentioned. This indicates that the Commission deals with the most various every-day problems and events which the citizens face. The Commission received 47 of these complaints, as opposed to the previous year when 65 were received. During the reporting year the Commission acted upon 32 complaints of this kind and in most of the cases it concluded that it is not competent to act upon them.
Problems of Governance-Partyzation of the System and the Youth
Governance remains extremely weak and political competition is still seen as “winner takes all”; parties seek to gain control of state institutions for the sake of the economic rents they provide. As a consequence the state remains too centralized and politicized with poor service delivery. The combination of a “partization” of state institutions and the lack of sufficiently skilled human resources, especially in the area of policy development and implementation, generates bad policy making. Frequent amendments of legal acts are one of the more serious consequences. The political parties act as interest groups that provide economic benefits for themselves and their membership by winning power and controlling the institutions of the system. Such behavior negatively affects the principles of market economy, transparency in the process of public procurement, and consistency in respecting the laws. The close link between political power and access to economic resources exacerbates the ensuing problems. Ever since independence Macedonia has been a highly centralized country with political parties’ patronage being decisive in employment practices. Equality of opportunity has been affected as priority in employment is frequently given to party affiliates instead to the best candidates. The country is so over-centralized that nearly the entire bureaucracy, at all levels, is periodically staffed by members of the parties in power. Once a party loses power the non-essential personnel in the ministries affiliated it is being laid of by the new minister or manager appointed by one of the main political parties of the new ruling coalition and vice versa. It is not important if the previous minister or manager of public institutions has been doing a good job he/she is being replaced because of party affiliation. Civil servants that are supposed to be employed on the basis of their competencies fear that after the next elections they will lose their jobs. Since middle and senior level civil servants are seen as political rather than technical appointments, they tend to change, not only as administrations change but also as Ministers do. So there is little policy continuity, and political maneuverings within or between parties leads to policy paralysis and has held up reform. Meanwhile,
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the use of public sector employment as a tool of patronage has led to an overstaffed and inefficient public sector. The Framework Agreement include an introduction of a distinctively new approach to the problem solution, a unique policy design for improving the delivery of services to the members of the minority communities in Macedonia. Following the concluding of the Ohrid agreement the Macedonian authorities have taken a wide range of legal and policy measures to give effect to its various aspects. A key concern addressed in the Ohrid Agreement has been the under- representation of Macedonian Albanians in the public administration (and public enterprises.) The agreement established the principle of achieving equitable and just representation in the public administration at the national and local level as the highest priority, a key reform in the public sector. From a legal point of view today the rights of the members of communities to the principle of equitable representation of members of all communities regarding the employment in state administrative bodies and other public institutions on all levels are guaranteed with Article 8, paragraph 1, subparagraph 2 of the Constitution and the following laws amended with the implementation of the Ohrid Agreement: Law on Civil Servants , the Law on Labor Relations and the Law on Public Enterprises. The principle stipulated in the Ohrid Agreement of equitable and just representation of citizens belonging to all communities, and especially to the members of the non-majority communities, in the public administration is one of the key aspects of the structural changes undertaken by Macedonia. The Law of Amending the Law of Civil Servants (Official Gazette N.69/2004) stipulates that the “training for the civil servants members of the non-majority communities and their employment according to article 95 of this law will last until the end of 2006, 31.12.2006). The problem with the training and the employment of the members of the minorities is that in the eyes of the public some of the persons selected do not fulfill basic criteria for professional service. Moreover, Albanians in Macedonia complain that the Democratic Union for Integration, one of the government coalition parties, promotes its own party members and overlooks other talented and
Political Parties and Pluralism educated persons from the non-Majority communities. Young Macedonians of all ethnicities are mostly affected by such a “party influenced system” as they are literally forced to choose political affiliation in order to secure their future. In a The Range of Multiplication the Number country with an official rate of unemployment of 35 to 40% obtaining a job is a major issue. Therefore, many young Macedonians are put in a very unfavorable position to choose political options and party membership or face grim realities. Those who do not want to engage in politics emigrate at the first possibility. Brain drain is a problem as bright young Macedonians leave the country disgusted by the unnecessary “partization” of the country. In addition, the concentration of power in the capital produced a situation where the decisions on a local level have been affected by powerful cliques based in Skopje. Since these cliques were connected to certain political parties, in effect the local democracy and public administration has been strongly influenced by party monism and the equality of opportunity has been neglected. Addressing these problems will require radical change: “Building a sustainable, democratic foundation requires bottom-up mechanisms that give people means to influence public policy, push for a transparent, accountable government, and reinforce a system of checks and balances”6 – but these mechanisms are largely absent at present. To fully introduce the system of equality of opportunity however, Macedonia would have to work on democratizing the political parties. As long as these institutions are in effect organized, i.e. structured on authoritarian bases with a strong leader and obedient followers the principles engrained in the decentralization process and the Ohrid Framework Agreement that promote excellence and equality of opportunity will be difficult to achieve completely.
56 Between the political convenience and equal opportunity The Range of Multiplication the Number Montenegro Political Parties and Pluralism by Vladimir Boskovic
I. Introduction
In the frames of former Socialistic Federative Republic of Yugoslavia (1945 - 1991), Montenegro as one of its six republics members was constituent of that federation. Before the collapse of that federation, in December 1990, in Montenegro, as well as in the others republics members, there were first democratic (multiparty) parliamentarian elections. Establishment of the federation between Serbia and Montenegro (1991), create new state frames in which member parties were provided with higher independence, especially in constitutional i.e. governmental system. By the time, republican governments have become entirely independent from all types of controls from united state, that in member parties have created centralization of the society with total suspension of those authorities that were guarantied by law in the local government. Relations between members of the federation were especially deteriorated after presidential elections in Montenegro (1997) that have boosted the erosion of this internationally isolated state.
After the changes in October in Serbia (2000), in Montenegro have continued political tendencies for gaining state independence and international recognition. Political confrontation in Montenegro and among politic elite in Serbia and Montenegro about possible referendum for state independence was temporally stopped by signing politically legitimatized document “Starting basis for re-organizing Serbian and Montenegrin relations” on 14 March 2002 that was signed by the president and prime minister URY, presidents of the Republic of Serbia and Montenegro, High representative of the EU for united foreign and defensive policy. With this agreement that was later adopted by the Serbian and Montenegrin parliaments, was established new state community Serbia and Montenegro.
One year later, Parliament of Serbia and Montenegro and United Republic of Yugoslavia have adopted “Constitutional Charter of State Community of Serbia and Montenegro” as their higher legal act. Current Montenegrin Constitution was adopted on 12 October 1992. According to constitution Montenegro is democratic state that has original sovereignty in all issues that are not transferred in competence of united state. In this moment, in accordance to the Constitutional Charter of State Community of Serbia and Montenegro, Montenegro is a member state of State Community of Serbia and Montenegro. According to the Constitution of the republic of Montenegro from 1992, Montenegro is ecological, democratic and social state, with republican governmental system and parliamentarian system of governmental organization that is based on rule of law.
It is about Constitution that should accommodate itself to the new political and legislative reality in which was Montenegro after the establishment of State Community of Serbia and Montenegro. According to the Constitution of the Republic of Montenegro (RMN), sovereignty belongs to the people that gain their power directly through freely chosen representatives. State lays on the rule of law. Democratic character of the state refers to the fact that in Montenegro power belong to the people i.e. citizens, which is explicitly determined in Chapter 2 of the Constitution. According to that proposal, power i.e. “sovereignty” belongs to the citizens, and power is gained directly and
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through freely chosen representatives. Furthermore, democratic character is supported with the fact that in accordance to the chapter 3, power could not be provided and could not be admitted if does not result from “freely expressed citizens will”. This means that base of democratic government is composed of free and direct elections on which citizens periodically but independently decide which political option in the conditions of multi party system want to trust in providing government in the next parliamentarian period.
Last (exceptional) parliamentarian elections in Montenegro were held on 19 October 2002. From the possible 75 deputy places, coalitional “Democratic list for European Montenegro - Milo Dzukanovic” (Socialists Democratic Party and Socially-Democratic party) won 39 mandates and gained absolute power. Its main opposition opponent, coalition “Together for changes” (Socialistic People’s Party of Montenegro, People’s Party of Montenegro and Serbian People’s Party), won 30 mandates. Liberal Union of Montenegro won 4 and Democratic Coalition - Albanians Together - 2 deputy mandates. Next parliamentarian elections are supposed to be held in autumn 2006.
Last (regular) presidential elections appointed for 22 December 2002 failed because of legal clause for necessity of more then 50% of votes from the entire number of electors. After the failure of the second round on 9 February 2003, when voted only 47.5% from the total number of electors, Assembly has adopted new Law for presidential elections and with that enabled for president to be elected candidate that have gained more then a half regular votes, regardless of their number. 12 May 2003 Filip Vujanovic was elected in the first round.
Last regular local elections in Montenegro were held in May 2002 in all municipalities except Podgorica and Herceg Novi (in which two years earlier were held extraordinary local elections). Exceptional
Political Parties and Pluralism elections in Podgorica were held again in October 2002 at the same time with extraordinary parliamentarian elections. Parliamentarian opposition after these elections had succeeded in different
The Range of Multiplication the Number coalitional arrangements to constitute local authority in 2/3 of Montenegrin municipalities. Modernization of normative system includes also the local self-government. In June 2003, new law was adopted for local self -government and Law for municipality mayor. Although regular elections were supposed to be held in 2006 because of the collapse of the local political union came to extraordinary local elections in Tivat, Herceg Novi, Zablak, Kotor and Niksic. These elections have significantly reconstructed former political picture on local level.
Distribution of powers in Montenegro
According to the Constitution, in Montenegro is adopted the principle of distribution of state authority on legislative (Assembly), executive (the Government) and judicial (Courts), while president of the Republic represents Montenegro. With this, a modern concept of western civilization has been adopted, for mutual and balanced limitation and control over different types of state authorities.
Parliament
Parliament executes legislative powers. It is constituted of one chamber and it is called “Assembly of Montenegro”. It includes 75 deputies that are elected in a 4-year period in a proportional elective system. Deputy is elected with 6000 voters. Exception are deputies that represent Albanians in Montenegro, that are elected in a special elective unites where majority of citizens are Albanians (so called positive discrimination or affirmative action). In accordance to the Chapter 81 of the Constitution, Assembly of Montenegro:
58 Between the political convenience and equal opportunity The Range of Multiplication the Number • Brings the Constitution • Brings laws, other provisions and common acts Political Parties and Pluralism • Bring urbanity plan, budget and final account of the republic • Determine the principles for organization of state authority • Acknowledges International agreements from the Republican competencies • Announce for republican referendum • Announce public debt and decides for Montenegrin involvement in debts • Elects and resigns presidents and members of the Government, presidents and judges of the Constitutional Court, presidents and judges of all courts • Nominates and resigns State prosecutor and other officers • Gives amnesties for criminal acts determined by republican law • Deals with other activities determined by the Constitutions.
Right to propose laws has the Government, every deputy or 6000 voters. Assembly works during its regular (spring and autumn) and extraordinary gatherings (on a proposal of 1/3 of deputies, President or Prime Minister). The Assembly has its President that represents the Assembly and one or more under-presidents that are elected from its structures on 4-year period.
President of the State and Parliament communicate through official channels, via President’s General Secretariat and Assembly Department managed by General Secretary. Parliament informs President of the State about gatherings and daily agenda of the Parliament. President could take part in the Assembly meetings and could demand extraordinary gatherings. President brings laws that were adopted by Parliament. Assembly before Constitutional Court could arouse procedure against the President of the State because of the harm of the Constitution.
Parliament controls work of the Government, in that order the Government collectively and ministries in particular are responsible for their work in front of the Parliament. The Government mandate runs out when the Parliament’s mandate runs out, Parliament dismissal, resignation, lost of trust. The Government and a member of The Government may submit resignation. Resignation submitted by the president of The Government means resignation of The Government itself. President of The Government could propose to the Parliament to dissolve a member of The Government. The Government might ask the Parliament a question of its trust. If the Government does not get trust, then the Parliament must inform the President of the State about that.
According to the Human Rights and Freedoms law (Ombudsman), Parliament, on the proposal of a qualified working body elects the Ombudsman. In the process of defining the proposed candidates, Parliamentary-working body consults special science and expert institutions, bodies and representatives from the civil sector that deals with human rights and freedoms issues.
Considering the juridical power, the Parliament establishes Courts (Primary, high, economic, appellate, administrative and supreme court) and makes elections and resignations of their presidents and judges of all courts.
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President of the Republic
President of the republic in the role of chief of the State represents Montenegro, and is elect by the citizens through direct and secret voting, for a period of five years. President of the Republic: • Represents The Republic of Montenegro in the State and abroad; • With the decree proclaims laws; • Announce elections for the parliament; • Propose candidates for president of the Government; • Propose president and judges for the Constitutional Court; • Gives amnesty; • Confers honors and awards • Determine Decree for Parliament Dismissal
President has its own General Secretariat which provide professional activities that deals with constitutional presidential competences from the Constitutional system, foreign policy and international relations, security and defense, protection of national, ethnic and religious rights, conferring awards and honors, convicted amnesty, civil initiatives etc.
Chief of the State impact, concerning legislative power lies in the discreet authorization (without any explanations) to reject promulgation of a law that was adopted by the Parliament. This right of suspenseful veto is partial because if Parliament re-adopts the rejected law, President of the Country is obliged to sign the decree of its announcement.
The Government Political Parties and Pluralism In accordance to the Act 94 of the Constitution, the Government has following competences: •
The Range of Multiplication the Number Establishes and governs with domestic and foreign policy of the Country; • Proposes and executes laws, other proposals and common legal acts; • Brings decrees, decisions and other acts for law execution; • Signs international agreements from the State competence; • Propose spatial plan, budget and State final account; • Establish organization and state administration methods of work; • Provide monitoring over the work of the ministries and other governmental bodies, eliminate and abrogate acts; • Brings provisions with legal power during emergencies, war threat or war, if the Parliament it is impossible to gather. The Government is oblige to provide to the Parliament to be approved when it would be able to gathered; • Executes other activities determined by the Constitution and law.
Prime Minister (President of the Government) is elected by the Parliament, which on the Prime Ministers proposal elects all ministers. If the Parliament reject proposed PM or PM program, President of the Country in a period of 10 days would propose new candidate. If the Government is not elected in a period of 60 days from the moment when for the first time was proposed its PM, President of the Country would dismiss the Parliament and announce new election. Mandate of the elected Government in time is connected to the Parliament mandate.
60 Between the political convenience and equal opportunity The Range of Multiplication the Number Employees in the Government are appointed persons as well as other civil servants. General Secretary, General Secretary Assistant, Chief of the Cabinet of the PM, PM Counselors, Counselors Political Parties and Pluralism of under-president of the Government and Secretary of the Government Commission are elected among appointed persons. Rest of the civil servants accomplishes administratively technical and other obligations.
Government activity is provided through ministries work and central administrative bodies.
Ministries are established by the Decree for organization and methods for work of the state administration. In present time, there are 15 ministries: • Ministry of Justice • Ministry of Internal / Home Affairs • Ministry of Finance • Ministry of Foreign Affairs • Ministry of education and science • Ministry of Culture • Ministry of Economy • Ministry of Marine and Transport • Ministry of Agriculture, Forestry and Water Supply • Ministry of Tourism • Ministry of urbanism and environment protection • Ministry of Health • Ministry of social work and insurance • Ministry for protection of rights of national and ethnic groups • Ministry of international economic relations and European integration.
The Government could establish particular governing bodies and services for providing its professional duties. Governmental bodies are established as followed: administrations, secretariat, directions, bureau and agencies. Administrations are established for doing activities for direct executions of laws, other provisions and determine about rights and duties of individuals. Nowadays in Montenegro exists following administrations: • Direction for state incomes; • Direction for real estate • Customs; • Agency for anticorruption initiative; • National Security Agency.
Secretariats are established most of all for professional duties with possibility of doing particular administrative and other duties. At present time, there are three republican secretariats: • Legislative secretariat; • Development secretariat; • Secretariat for youth and sport.
Bureaus are bodies that accomplish professional and connected to them administrative duties through scientific methods and knowledge. In Montenegro there are following bureaus: • Bureau of Statistics; • Weather bureau; • Bureau of Seismology; • Bureau of international scientific, educational, cultural and technological cooperation;
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• Bureau of education and • Bureau of execution of crime sanctions.
Directions are bodies that most of all accomplish professional and connected to them administrative duties that refer to the economy field. At present time, there are four directions: • Republican direction of goods reserve • Direction of public works • Direction for road building • Direction of Montenegrin forestry
Agencies are bodies that provide professional and connected to them administrative duties that are using market principals i.e. providing services and improvement of development. There are three agencies: • Agency for development of small and middle companies • Agency for telecommunications • Agency for power-energetic activities
Directors to these bodies are appointed and resigned by the Government with a proposal of resource minister on a 4-year period. They are responsible for their work in front of the President of the Government and Resource Minister. These bodies work in accordance to the provision for State Administration and special laws from the spheres in which they are educated (for example Customs Law, Telecommunications Law, Energy Law, Law for tax administration, Forestry Law, Law for roads, Educational Law, etc.). Political Parties and Pluralism For executing particular and development duties, by law could be established other special bodies
The Range of Multiplication the Number and services. They usually do not have governmental competencies and their status varies. Most of them have independent legal status, and they are partly financed by budget of the Republic and other part from their own incomes from accomplished services, investments or something else. These are State Archive of Montenegro, Central Library, Bureau for protection of cultural monuments, Bureau for Health Care, Bureau for employment, Centers for social work, Fund for pension and invalid insurance, Fund for Healthcare, etc.
Local self-government
In Montenegro several law regulate local self-government field: new Local Self-government Law, Local Self-government Financing Law, Law for election of Municipality President (Official Gazette of the Republic of Montenegro, ¹ 35/2003), Law for Montenegro partition into municipalities (Official Gazette of the Republic of Montenegro, ¹ 10/60, 6/65, 6/70 and 45/90), Law of the Capital (Official Gazette of the Republic of Montenegro, ¹ 56/93), and Law for election of representatives and deputies (Official Gazette of the Republic of Montenegro, ¹ 16/00). The Law on the Capital and new Law on the Metropolis are in the process of preparation.
New Law on the Local self-governance, because of the constitutional limitations, has introduced so-called model “omnibus system” of the local self-governance where local communities of the self-government unit are common competency. This means that all units of the local self-government
62 Between the political convenience and equal opportunity The Range of Multiplication the Number on their territories provide same activities and have same / equal model of organization. Only organization of the Capital partly differs from this model with some competencies that are not Political Parties and Pluralism present in the other units of local self-government. So, it is determined by Law the model of organization of the local self-government units that could be described as model of “monotypic omnibus”. Besides it is also important the fact that it is accomplished the organizational principle of local self-governance on one level (so called “one-level model”). This means that in the system of local self-government do not exist local unit of higher level i.e. other level, if we take into account relatively small territory of Montenegro.
Local self-government competencies are divided into own and delegated competencies i.e. transferred and gave in confidence, with not equal grade of independency in their execution, with determination of presumptions (supposition of competency) over local self-government for duties that are not prescribed as competencies of state bodies or other bodies and organizations that accomplish public authorizations. Own duties are group of activities from different spheres of social life of local citizens. By rule, these are necessary conditions for life and work of the local people. This group includes all duties determined by the law on local self-government and special material laws, as well as so-called “presumptive activities”, i.e. activities that are not determined by law or other rule as competencies of state bodies and organizations.
Other groups of duties that are provided by local self-government are so-called delegated (transferred and confidential) duties, that are based on law and confidence in duties is based on Governmental decree.
Municipalities are established by law after the elections on which participate local citizens. At the moment in Montenegro there are 21 municipality. More precisely, there are 19 “classical” municipalities, one has a status of metropolis (Cetinye) and other has a status of the capital (Podgorica).
New Law on financing of the local self-government determines financing of the municipalities and relations between municipalities and central government in this area. Main functions of the local self-government are related to the prescribing, control, repayment and independent management with their own resources. New law on local self-government determines only principles of financing while special Law on financing of the local self-government and separate taxation laws determines details. In that order, Law on local self-government determines basic principles of financing that could be seen in the right of local communities to:
Real functioning of the system
As we have already mentioned, Constitution differs legislative, executive and judicial power and each of them relies to its special bodies, which independently provide their competencies that limits powers of the others and does not allow one of them of them to prevail. Although balance of the powers could be gained only in the interaction among power control that in Montenegro is one of the components of legal system but not legal order. That is why this constitutional principle has never been active; there are many examples for this case. Until adoption of the newest Law for Courts, practically there were no formal predictions for the legal functions bearer independence, in the following aspects: nomination, function stability, residence immunity independence, incompatibility of the activities, working and subjects order, responsibilities and authorities, involving in class organizations, autonomic financing and material standard. Means for Courts are
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provided from the budget of the Republic, and authorities determine and nominate means for the Court activities in accordance to the demands for on time and regular accomplishment of its functions. Because it regards to the governmental bodies it is inevitably that the Government plays the crucial role in Courts financing. It prescribes conditions, height and method of using court’s taxes. Regarding the Governmental position in accordance to the legislative power, it is enough to look at the Constitutional law from the October 1992, precisely part where are the laws that should be adopted i.e. coordinated with the Constitution, and terms for their adoption and coordination. Although the term for adoption of the Law for the Government is the end of 1993, this law is not brought yet, so the Government in the last 12 years does not exist in the proper way in the Montenegrin legal system. The only act that was ever adopted is the Decree for the Government (it was adopted in 1994 and amended in 1997) and it is still the only normative act. In the meantime, functions of the Montenegrin Government have become more powerful and determined, while it has not been done even one-step towards the status and role of the Government that demands one modern legal State. How much are the differences between legal and factual status of the Government brought to absurd shows the fact that without Law for the Government we have the law for one of its ministries (police).
There can be special discussions about the decrees, although in legally civilized countries question about the differences between legal validity of decrees in comparison to the legal validity of the law it is not seen. In Montenegro executive power this way suppresses legislative power because in a way of decrees they bring laws. According to the article 94 /1 / 3, the Government”brings decrees, decisions and other acts for execution of the law”. Therefore, decrees could be brought only for laws execution and based on law, which means that decree could not be brought if it is not based on law. What are very important are decrees with law power, which could be replaced only by law. These
Political Parties and Pluralism decrees have temporally power of higher act, i.e. law, in which case legislative power transforms into executive power. This type of decree is well known to the Constitution of Montenegro (article 94 /
The Range of Multiplication the Number 1 / 8) but only “in extraordinary situations, threat of war or war, if the Parliament could not meet, that should be approved by the Parliament when it would be able to meet”. Regardless to that, the Government has brought decrees with which was changed character of properties.
Governmental relations towards local self-government has not changed drastically even after adoption of the newest Law of local self-government. According to this (the same as for the previous) Law for local self-government, the Government, ex lege, has discretion right to restrain from execution of the common act of the local self-government, until the adoption of Constitutional Court decision. This Governmental judgment is suitable not legitimate. Taking into account the fact that bringing decision by the Court is not timely limited and that the Court is acting as a body that supports Governmental actions, obvious is possibility of abuse, with blocking providing decisions to “disobedient municipalities” and disable independent functioning. Similar is situation with the right of the Government to dismiss local administration always when it estimates that there are conditions, which disable its functioning. Instead of legislator to put on a balance concrete transgress constitutional and legitimate laws, and because of values and significances of that rights allowed infringing of other law (right to free choice of local administration and right to local self- government), legislator has decided to protect Governmental actions using provisions of free and discreet evaluation, as in modern law discreet authority and authorities and decisions are not subject of legal argumentation and description of reasons.
64 Between the political convenience and equal opportunity The Range of Multiplication the Number II. ELECTION SYSTEM IN MONTENEGRO Political Parties and Pluralism 1. Election rules (regulations)
Right to vote is primarily based on the principle of freedom and represents a complex system that includes several citizens’ rights: - to vote - active voting right, - to be elected - passive voting right, - to candidate and to be candidate, - to be on time, truly and entirely informed about programs and activities of the participants in the electoral competition i.e. about candidates’ list submissions, - in a case of threaten to these rights to ask for their protection and - to give material support to particular candidates or candidates’ list, etc. Beside the Constitution of Montenegro, right to vote is guaranteed also with the acts of international law: conventions and agreements. The most important are: Universal declaration on human rights (1948), Pact for civil and political rights (1966) with Facultative Protocol (1976), European human rights Convention (1950) and Final Documents adopted within OSCE. Beside the Law on election of representative and deputy, Law for election of President of the Republic and the Law on election for the President of the Municipality, right to vote / to elect is regulated by additional sources of rights: Law of the media, Law of broadcasting, Law of public broadcasting services “Radio Montenegro” and “Television MN”, Law of political Parties, Law of financing of the political parties, and here we have laws that are used in the electoral process law, as well as under-legitimate legal acts.
Current Law for election of representative ands deputy adopted in 1998 and then its basic content text was changed and amended eight times (1998, 2000, 2002 - two times and 2004 - once). Deputies in Parliaments (of the Republic and local) are elected on the base of universal and equal right to vote, on direct, free and secrete elections. Right to elect and to be elected have Montenegrin citizens that have at least 18 years, has working abilities and live on the territory of Montenegro at least 24 months before elections, i.e. 24 months in Montenegro and 12 months in the proper municipality where are elections of the candidate.
Constitution of Montenegro (with the articles 86 and 91) determines the method of voting, duration and termination of mandate of the President of the Republic, while Law of election of the President of the Republic closer have determined the conditions and the method of the election of the President of the republic. According to the Constitution, citizens based on common and equal voting rights, in the period of 5 years, elect the President of the republic. During wartime mandate is prolonged until the peace is provided. Same person could be elected maximum two times for President. According to the law, citizens, directly and by secretly voting, on a period of 5 years, elect President. Right to be a candidate has citizen of Montenegro who at the same time is a citizen of the Serbia and Montenegro community, who has at least 18 years and has lived on the territory of the Republic at least 24 months before the day of the elections. The President of the Parliament of Montenegro announces elections for the President of the Republic, at least 120 days before the termination of the mandate of the President of the Republic. The Day of the Elections is established with the decision for the election announcement.
Current law was brought 2003, after the failure of the presidential elections during the second try, which has replaced the old one that has three amendments from its adoption (1992).
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Law for President of the municipality (2003) is news in the system of local self-government that means personal division of the bearer of legislative and executive powers because president of the municipality has lost competencies of gathering, representing and leading Parliamentarian sessions. By this law is determined that President is elected by citizens, directly with secret voting on 5-years time. Right to candidate has every citizen with the right of electoral candidature, that it is supported by at least 3% of the citizens signatures that have right to vote for a candidate in that municipality. Elections are announced by local parliament, at least 15 days before termination of the mandate of the current president. According to this law, together with the early elections for the local parliament, there were presidential elections in the municipalities: Tivat, Herceg Novi, Zablak, Kotor (2004), and Niksic (2005).
2. Protection of right to vote
Legal protection, regarding the course of the election could be divided on protection of the right to vote in the pre-electoral procedure, protection during elections and protection in the post-electoral period. First type of protection provides constitutionality and legality of the regulations that regulate material and process electoral right which in our as well as in most of the countries is accomplished by Constitutional Court. Protection during the elections it is accomplished by bodies that are responsible for the elections and by courts and protection in the post electoral period by the parliament during definition of verification of the mandate.
Basic subject for protection of the electoral rights are citizens, as individuals that are these rights guaranteed by the Constitution and laws. Legal protection, citizens might use to protect their active and passive electoral right. Beside citizens, legal protection of the electoral right has other participants
Political Parties and Pluralism in the electoral procedure, for example election list submitters, primarily political parties, as well as submitters of candidate list. Them belongs the right of legal protection same as for the individuals. The Range of Multiplication the Number Sanctions for violation of the right to vote are prescribed by the laws mostly those that regulate elections. First group of sanctions are related to violation of election works, and law in that case as sanction prescribe annulling of the election work. Depending on the type of violation, Law predicts annulling of some work (for example annulling of subscription in the electoral list of person that have not satisfied conditions), annulling some of the election procedures (for example repeating the counting of the ballots but not repeating voting procedure) and at the end annulling the whole procedure for voting on particular polling unit. Last type of sanction is for the most hard violations of the voting procedure (for example if in the ballot box there were more ballots then the number of the voters from that polling unit). Body that brings the decision for annulling of particular election procedures announces repeating of the same procedures.
Next group of proscribed sanctions refer to violations for which are predicted fines. For hard forms of violations of the most important election rights (harm of the secrecy of voting, falsification of the voting result, destroying of the voting documents), Criminal Law has proscribed adequate criminal sanctions in the frame of monetary fines to three years in prison. Although here we have dilemma i.e. legal gap: what is the consequence of the determined criminal act in relation to the legitimacy of the finished election procedure, if we take into account that criminal procedures in Montenegro last for years? It is about inadequacy of election regulations and Criminal Law, and one of the solutions would be prescribing emergency of the criminal proceeding in that situations.
66 Between the political convenience and equal opportunity The Range of Multiplication the Number 3. Bodies for conduction of the elections Political Parties and Pluralism In the electoral system of Montenegro, bodies that provide elections are Election Commissions and Electoral Boards. Election Commissions are very important. They have status of state body which presidents, secretaries and members in this case of the State Election Commission are appointed by the State Parliament and in a case of Municipal Election Commission - responsible municipal parliaments. All election commissions have their own permanent structure (that is elected by appropriate municipality) with deputies and so called enlarged structure, which is, consist of adopted election lists. Permanent structure of the State Election Commission is 11 members (two places are reserved for representatives from two oppositional parties), in municipal commissions seven, while election boards consist of president and four members. In every body, beside regular members there are authorized representatives from the election lists that are included in the commission work 15 i.e. 5 days before the elections.
Number and structure of the members in the election commissions has been changing with the changes in the electoral legislation with the increasing of the number of members and their narrow specialization in election process. That way from the time of the first democratic elections until nowadays, number of member in the State Election Commission has been doubled, and insisting that all must be bearer of jurisdictional functions has been changed with the liberal provision, which demands lawyers. Unfortunately, in current Law prohibition towards candidates for representatives or deputies, for their membership in the bodies for elections is omitted, which has allowed presence of high political party officials. These situations on one side provide election propaganda in the polling unit (it is very often situation when deputy candidates of the most powerful political parties at the same time are members of the electoral boards or their authorized representatives), while on the other side lead to absurd, for example secretary of the State Election Commission issues for himself a certificate for deputy mandate. These minuses, but also need of administration that would satisfies the demands for modern elections, probably it is going to be subject for the next law for electoral administration that should provide transformation of the current State Election Commission in state bodies with professional civil servants that would beside work on election innovations also get engaged in control of monetary flows in politics.
4. Methods for candidate - proposing and approving election list
Political Parties, alone or in coalition, propose election lists, and the same right has citizens. Unfortunately, position of the independent candidates in the elections is more then disproportional in comparison to candidates behind who stand political parties which possibility that group of citizens propose candidates makes very hard to accomplish in practice.
In order to be approved (adopted) proposed election list it is inevitably to be supported by signatures of 1% from the total number of voters in the polling unit (taking into account the data from the previous elections), except election list of political parties or group of citizens that represent Albanian minority, where is necessary support of at least 1000 signatures. Same percentage (in praxes is around 4.700 voters) is for the candidature for the President of the State. In this moment, political addressor in Montenegro is 69 political parties, most of them functions only on “paper”. Although, the law has strengthen the criteria for getting right to participate in the elections, very often are situations when large number of determined election list (as well with the Presidential candidates) get half less votes from the number of signatures that have supported it. If we take into account the fact that election administration is not authorized and does not have the
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possibility to check the supporting signatures, possible solution could be giving signature directly before the members of the commission, same as for the election of the President of the Republic.
5. Type of Election Lists
“Mandate in the frame of total number of mandates that election list has gained are arranged this way: one half of the mandates are assigned to the candidates from the election list according to the list order, and the rest of the mandates from the list are assigned in accordance to the decision of the list submitter.”(article 96 Law for election of representative and deputy).
This way of formulation of the method of assigning mandates, gives right to the list submitter (political party or more precise: its leadership) after the elections make election of political representatives that citizens have chosen. At the same time, beside the breaking of the elemental democratic principals, its inadequacy to the article 32 / 4 of the Constitution (“Elections are free and direct, voting is secret”) is more then obvious. Opposite to the Constitution, current Law has been determined to the indirect proportional system, because after the elections in the arrangement of the mandates are included “third persons” whose presence put under question mark voters right to elect representatives. It is very important next changes in the electoral legislature to include this issue, through obliging list submitter to assign the mandates according to the order (closed list) or to give this opportunity to the voters to “redesign” proposed order of the candidates (half-opened list).
6. Legal character of deputy / representative mandate
In article 101 of the Law, beside standard conditions for termination of the mandate, recently there
Political Parties and Pluralism was also termination of the membership in a political party. This provision, until the decision of the Constitutional Court in June 2004 was judged in the behalf of so called free mandate, was one of
The Range of Multiplication the Number the most contradictive in the Law for election of representative and deputy, first of all because of the so called imperative mandate was providing to political parties absolute control over their representatives, i.e. deputies: deputy was losing the mandate not only when was leaving or changing the political party but also when it is eliminate from the party not by his will.
This legal decision suit to all parliamentarian parties and stand for the thesis that mandates are gained based on the list that has been determined by the political party so voter gives vote to the list and not for individual. In situation when deputy clubs function as unimportant components of political leaders or political top, by law was provided one unallowable arbitrary in relation to deputy/ representative status. Nevertheless, when Constitutional Court with determination that this provision was not in accordance to the constitution has decided to eliminate that situation, emerged other extremeness: this decision has made freedom of the owner of the mandate absolute, with possibility of elimination of voter’s freedom. Post-election circumstances after local elections in Zhabljak have proved that mandate (representative) is free and that there is threaten that citizens could stay without their representatives. It is important minimal limit of free mandate to be determined by law because it is happening one very dangerous phenomenon that is in the dead corner of attention and expert’s and science public: that in Montenegro slowly has started dangerous process of democracy in the way of so called not electoral parliamentarisation, so there is a risk of not loyal attitude of the deputy towards own political party as well as towards voters.
68 Between the political convenience and equal opportunity The Range of Multiplication the Number 7. Mandate Verification Political Parties and Pluralism In the electoral system of Montenegro this activity is confide to the bodies for providing elections - the State Election Commission and Municipal Election Commissions that compose the report about election of a deputy i.e. representative. Moreover, the State Election Commission announces the results of the election of the President of the Republic in the Official Gazette of the Republic of Montenegro also in the media. After the Mandate-immunity Commission of the Parliament has made approved that, there is no objection on the report from authorized electoral commission about the results, electoral commission is given a certificate for representative i.e. deputy mandate.
This decision has been c criticized because of the fact that this important work is divided between bodies that provide elections and parliamentarian commission that is appointed during the previous parliamentarian meeting. Some experts have proposed more practical solution, according to which mandates of the deputies and representatives should be verified by the Supreme Court i.e. in this case President of the Republic, in accordance to his constitutional status - Constitutional Court of Montenegro. Whether this solution or some other changes to the current method of mandate verification will take place in the new law for the election of the deputy and representative we shall see.
8. Polling Units
Election geometry, i.e. number of polling units in Montenegro has been changing practically with every new election law. Guilty is, on one side, is legislator that was unable to obtain the most optimal solution for realizing the key principle of proportional system: one man - one vote, on the other side is need of the actual parliamentarian majority at the end of the mandate to provide more beneficial starting position for the following election competition. During the first parliamentarian election (1990), legislator has given to every municipality status of Polling Unit and criteria for determination of the number of representative s in the Parliament to be the number of voters (not the number of citizens). Difference between maximum and minimum “price of deputy mandate” in municipalities was 1700 votes that was more then a half of one deputy mandate (around 3200 votes).
Before first early-elections of the Parliament (December 1992), as a consequence of the Parliamentarian opposition pressure, new Law for election of public deputies was adopted. For the first time was included at -large system, i.e. Montenegro was established as one polling unit. On the regular elections 1996, governing party right before elections has changed radically current law, including instead of one, 14 polling units, created - it was shown later - on the basis of personal projection of potential loss of votes and absolute power. On the bridge of early elections in 1998 (on every level) that are formed as a result of hard political crises before and after regular presidential elections (1997), all political parties agree on election rules and establish new Law on election of representative and deputy which has returned at-large system and for the first time is presented principle of “positive discrimination”. Adoption of this Law was as a consequence of several round tables and signing “Agreement on minimum principles for development of democratic infrastructure in Montenegro”, after which political parties have agreed on proposals of the electoral law and law on financing of political parties in which creation have took participation experts from OSCE.
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*Positive Discrimination (affirmative action)
Provision of the article 118 from the election law according to which 5 of 78 mandates belong to so called “small polling unit”, i.e. polling places with majority Albanian population, was officially established for easier enter of the Albanian political parties in the parliament as “direct” representatives of the interest of this ethnical group. Unofficially, it was about a political agreement and calculations of the governing party that has previously obtain majority of the voters support among Albanian population because: how can be differently explained the circumstances that positive discrimination does not include Muslims or Serbian national parties? The fact that 2/3 of Albanian voters give support to the governing political party in Montenegro, confirm that 2 adopted mandates of their national parties do not have real voting base. Because of this, there are suggestions by home as well as foreign experts of OSCE that through announced change of election law to be established universality of positive discrimination for all minorities in Montenegro. Nevertheless, voting power is still arguable that stands behind this way adopted mandates which census is 1.3% of votes, while for the rest of the mandates there is prohibition clause of 3% for the census. In a case of universality of positive discrimination there are dilemmas, which minorities in Montenegro to treat this way and how. The fact that in this way established polling units, it would be inevitable to create special voting lists lead to separation and ghetto-ism, which is opposite to the positive discrimination.
9. Method of distribution of mandates
Distribution of deputy mandates is proportional, and behind this qualified are only those lists that have gained at least 3% of the votes in the whole polling unit (so called election threshold -census). This so called “prohibition clause” it is significantly low and the aim is to prevent from extreme
Political Parties and Pluralism fragmentation of the election body. Beside, determination to distribute mandates by the method of proportional representation has made Montenegro specific in comparison to other former
The Range of Multiplication the Number republics of Yugoslavia by the time of the first democratic elections. Namely, 1990 elections in the republics members were introduced by the usage of majority (Croatia, Macedonia and Serbia), complex method (Slovenia and Bosnia and Herzegovina).
Mandate distribution is done according to a special mathematic system, known as d’Hondt (William d’Hondt), which is often called method of the smallest common divisor: Firstly, it is counted voting mass of all election lists and divide with the numbers 1, 2, 3 until the number N, depending on the number of the deputies that we are electing. Ratios are put in order by their size and then from the biggest to the smallest, we count needed ratios depending on the number of deputies we are electing. Last result is the common divisor with which the voting mass is divided. The number of mandates that obtains each list depends on hoe many times the common divisor is contained in the voting mass of each list.
I. Conclusion
Electoral law in Montenegro by the Constitution is based on the common, free, equal, direct elections and secret voting principles. Nevertheless, in practice, Montenegro has not established stable election system yet. Often changes in the election legislative (during the fifteen-years period of practice development of democratic elections, there were adopted more then ten basic acts in this sphere with their amendments and changes) have not always resulted with improvement and standardization as its basic elements, as well as other independent variables that consist the structure of this system.
70 Between the political convenience and equal opportunity The Range of Multiplication the Number For example, from the aspect of proclaimed principle for representation (proportional method) and accomplished effects, the process of establishment of this system it could be presented as Political Parties and Pluralism transition from significantly proportional (1990) through combined usage of majority and proportional (1992), then clearly proportional (1992) to a mixed system (1996) i.e. compilation of positive elements of majority and negative effects of proportional model, and at least to comeback - from the aspect of mathematic model of distribution of mandates- to full proportional and factually proclaiming indirectly proportional system with partly including the institute of positive discrimination for one of the minorities in Montenegro (1996 and 1998). In the same course with the exception of positive discrimination, i.e. affirmative action, that has become completing part of the system, go changes in the electoral legislation (2000 and 2001).
This is a period of constant changes of the electoral legislative. Laws are often changed directly before the day of elections that makes election condition uncertain. All this lead to incomplete protection of the right to vote. By this are well-known Parliamentarian elections in 1996 that were followed by long political crisis, as well as elections in 2002 when opposite political board has shown identical enthusiasm in changing established election rules.
During the previous, several years Montenegro has undertake significant steps towards obtaining most important political and economic aims that predict involvement in Euro-Atlantic integration, first European Union and the Council of Europe. Considering the reality, electoral system in the following period would must go through serious changes, primarily considering the coordination with OSCE determinations and documents from the Copenhagen Conference.
II. Employment in the public administration bodies
1. Accesses to the problem
Nowadays it is imposable to imagine legal state without rational, highly professional, efficient, fast and cheap public administration. In the conditions of information technology development and new educational methods, requirements for that public administration are relatively realistic. Process of reorganization and reeducation of cadres in the administration, if it is well enough projected, expertly accomplished and monitored, last about three years (this term was practiced in Estonia, Poland and Hungary). Results in particular resources should emerge earlier. It is understood that such reform regards sincere determination of the political top that public administration should be reformed and put in the market service not personal and group interests.
Trends of boosted development based on modern technology, at the same time have defined almost all states that their outcomes for the public administration in money, intellectual potential and social energy relatively diminish and increase investments in science examinations, economy and cultural development. Such a process in Montenegro is practically on the starting position. Getting into it, public administration has inherited political system that was trackless, legal system that was unreliable for citizens as well as for the investors from abroad, instruments for social and cultural development that were old fashion or they were absent, economy in structure crises, science cooperation with world surrounding that was on unsupportive minimum. Instead of briskly spreading contacts, networking and involving into conditions of common massive entrance on the “information road”, state administration stays defensive, stoned, without ideas, faithful to its society in which traditionally laziness is approved.
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During previous decades, government has used to rely only on “loyal part” of national mind that could be under different conditions more entirely engaged. Examples of France, Great Britain, Japan, Singapore, South Korea and Czech Republic and China have proved that.
Transition on market economy permits far less bureaucracy, prolonging, slowness and elements of bureaucratic control over economy. There it lays contradiction: for example in Montenegro in the final moment of transition to market economy, we are witnesses of still very strong process of centralization and strengthening of some elements of state socialism that violates market economy.
Former process of the most important decision making in Montenegro have closed inside the group people with equal ideas without taking into account competent ones. This was the reason of diminishing the number of participants, and degradation of information quality from which the quality of political decisions depends. Personal union between leaders in executive and governmental hierarchy, “social” managers re- uniformed in queasy - private managers in economy and governing party, has increased international distrust in Montenegro. Issue about so-called “conflict of interests”, i.e. incompatibleness of public functions and active private business, has been activated in the middle of previous year, when the Law on conflict of interests was adopted. Even that nobody expects miracles from the new legal decision, nevertheless in accordance to the presented political will for its adoption; there were minimal expectations of some institutionalization of conflict of different interest that has not happened. Corruption in Montenegrin administration during previous 15 years has become culturally conditioned, because there was created proper culture basis that is considered to be adoptable for the society, similar to the plant that germinate when proper climatic conditions come. This illness in the public administration has two basic types: classical and state, and reasons for both are
Political Parties and Pluralism in the breaking apart of the legal system, moral fall of the society, politicization of the administration and legislation and difficult material situation of civil servants. Classical type of corruption was
The Range of Multiplication the Number provoked by a virus of individual or group interest that can infected through money, property, other things, different services, favors and other derivates of life pathologies, while its state type is caused by a virus of political interests that should provide selective access to particular subjects determined by financial sources or works.
Profiling and cleaning of the administration in the process of reforms opens the question of necessity of lustration over civil servants that with their attitude have violate citizens’ rights or some legally based interest. One lustration would be probably special - opening secret files and determination of civil servants responsibilities and cooperators in the State Security Service, while other is going to be common and by whole administration would include legislation. Therefore, administration is waiting meeting with personal sins from the past in order to get rid of high state officials that have violate law. Lustration in particular countries in transition might be qualified as “hard”, for example in the Czech Republic and Poland, and somewhere as “soft” as in Hungary. In Montenegro, lustration measures should be reasonable as in Germany. For that kind of lustration, special legal frames are necessary, that do not exist at the moment, but lustration can be presented now by common regulations if there is base of any legal responsibility. Therefore, current law for civil servants and employees provides that with determination of hard discipline violations or eventual crime responsibility, state administration could get rid of large number of depersonalized, politicized, often corrupted and quite criminalized civil servants.
How legal is today Montenegro? Numerous failures in the last few years are not analyzed systematically yet, that reforming process is slowed down. For fast transformation, direct influence on the most significant science and professional institutions is necessary, especially in the sphere of law and social
72 Between the political convenience and equal opportunity The Range of Multiplication the Number science, which in the moment is almost unimportant, or their income is instrumental and is in a function of supporting same order of things. New, fresh, at the same time personal perspective and Political Parties and Pluralism ideas must influence on the process of administrative decision making, on organization and functioning, development of education and state management. Except this, it is probable that overcoming of the resistance to changes would be more important then organization and determination of the right time of introducing of the administrative reform. But for the changes there is a rule that states that there must be strong organizational plan as a battle-field between old and new.
Conclusion, at the end of this part it would be that changes in the public administration should include: - Legality and legal state concept, which is followed by de-politicization, obtaining entire professional civil servants independence from career and their full status independence, - Legitimate social effectiveness, with right on discreet evaluation that would results from legal and moral principles, - Gradual changing from bureaucratic control to management control that considers evaluation of the effectiveness (results) and not formalization of the managing process.
Larger engagement of professionals / experts it would depend from public administration payment power and atmosphere that would guarantee to these persons acceptance of their ideas.
2. New legal regulation of civil servants and employee status in Montenegro
In the common European space of public administration, there are standards and principles that must be accomplished by the state that have ambitions to enter European Union. The word is about something that simply could be explained as standard “good management” that understands resolute respecting legal principles or more wide principle: rule of law. Mentioned rule includes principle of legal security of the law subject, principle of predictable in the behavior principle of openness (transparency) and responsibility. For providing activity to these principles, there are established different control mechanisms included in positive law, which in combination with efficient judicature guarantee high level of law execution and protection and freedom of law subject. Because of improving of the level of legal regulative in this sphere, Montenegro during previous year has adopted entire row of new rules from which we should mention new Law of public administration, Law of civil servants and employees, Law of civil servants and employees wages, with new laws of common administrative proceeding and administrative dispute, Law of human right protection and freedoms, which should represent normative reference of the started reform on local self-government. All mentioned laws predict bringing i.e. adoption of small or large number of under-law regulations that would provide inclusion of modern proceedings in the implementation of new law institutes that are constitute by these regulations. It is early any comment to be given at the moment because any law is not introduced yet. If we look at the Agenda for public administration reforms, implementation should start by the end of 2004. Moreover, under-law acts - none is adopted except Act for internal announcement. Nevertheless, except relatively slow tempo in implementation, at the very beginning we have one significant problem. Without will to devaluate actual legislator’s efforts to “round” one system, it is still difficult to understand that inside legislation cannot coordinate with itself yet.
Montenegrin Parliament during the last two years has adopted round hundred new laws that have additionally complicated current Montenegrin legal system. It has been created one confusing legal locality in which by the concept of stimulating chaos equally exists: survivals from socialistic law,
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principles of European legal civilization and all present standards of Anglo-Saxon law. Montenegro by its legal tradition entirely belongs to the family of European continental law, exactly its Pandect- German group, so inclusion of Anglo-Saxon customary law it is not as a result of science and life demands but it is lead by political ambitions. Because it is impossible to coordinate European philosophy of commonness of law categories with pragmatic and casuistic Anglo-Saxon Law we have results as increasing the number of regulations (laws and under-law acts) which are often in mutual principle dispute, increase of bureaucratic control and blocking flexibility and power of change itself. In that order, next example it would be illustrative: not existence of proper law for local civil servants, current Law for local self-government (as well as the previous) overcome the provision (included in the chapter V) about subsidiary usage of proper regulation for civil servants on local civil servants. The fact that it is about norm from the chapter that could be used only after first local elections shows that conditions are created only in several municipalities in which were realized regular or early local elections. For the rest 13, in this moment does not exist law that could be used on local civil servants, which obligate municipalities to seek solution in common regulations for working relations - Law for work. Therefore, the conclusion is that with these laws, most of them proposed and adopted without any former diagnostic studies, proper plan of activities, organizational frame and scheme for realization.
Namely, because of this kind of situations, it was better to make complete revision of legal not only managing system as part of one reform. It would be difficult to harmonize Montenegrin legal system with European if formerly is not harmonized internal law in Montenegro, starting from the Constitution and further on. Proper re-organization should start with determination with wide and narrow administrative aims, elaboration of aims in duties and works, while parallel to this would go process for bringing legal and organizational acts, constitutional coordination, law
Political Parties and Pluralism adoption, decrees, orders, rulebooks, manuals and finally, reorganization itself which is row of analytical, diagnostically, organizational and educational activities that are developing through multi-
The Range of Multiplication the Number annual plan. In Montenegro, things were not going to this order: proper strategy, which was created by expert team from the Council of Europe that has engaged leading local experts as consultative experts, was used as base for creating working version for Law of civil servants which content in Governmental working bodies was significantly recomposed.
Employees in state administration bodies 1. Civil servants, employees and functionaries
Beside category of civil servant that in Montenegrin system was included by the Law for civil servants (1991), new law (2004) includes category employee. Difference is not formal but compositional and is introduced depending on the character of works that are accomplished, where civil servant does managing, professional and other activities through which competencies of given body are accomplished, while employee does administrative, accounting - finance and assistance - technical things which accomplishment is needed for timely and qualitative realization of duties from that body. This difference should provide status difference between those two profiles through other regulations, primarily those regarding salary. After exhausting debate in the frames of working group that had prepared law, at the end overcome standing that this Law should not include servants employed in the local self-government bodies as well as employees from other parts of public sectors, but only persons employed in public administration bodies and other state bodies, as well as services of the President of the Republic, Parliament, the Government and Constitutional Court. Provisions that regulate work and rules based on work of state functionaries are included in the Law for work and laws of the bearer of public functions, i.e. and Law of civil servants and employees that is subsidiary used for issues that are not regulated with previously mentioned Law.
74 Between the political convenience and equal opportunity The Range of Multiplication the Number Here is also important to mention that Law for civil servants and employees does not make significant difference between elected i.e. nominated and appointed servants nevertheless in legal Political Parties and Pluralism theory is adopted standing of higher level of independence for the servants.
2. Establishing working relation of civil servants and employees
Adopted law in comparison to the previous establishes the procedure for employing servants on significantly different way.
Right before the employment, the head of the body is obliged every free working place to try to fill through internal resources i.e. with rearrangement of the existing servants, i.e. retaking servant from other body. If it is not possible, and there are required financials it is necessary concrete working place to be previously projected in proper rulebook about internal organization and systematization of working places. Every next employment should be introduced through procedure of public announcement and use of common working regulations, while for employment of leading persons it is used the proceeding of public competition. This way equal access to working places in state bodies is provided as well as neutrality and impartiality of further civil servants. It is important to be stressed the important role of future body for management with cadres in the administration (probably Agency), that would on the level of whole administration gather information for needed employments and sufficient and this way coordinate internal labor market in the administration. If working place for which was established requirement could not be internally filled, administrative body would announce competition, and cadre management body, on the base of gathered entries is going to create candidate list that fulfill conditions.
Candidates from the list must go through proceeding of obligatory test of their abilities for doing work on the working place that should be filled. Checking might be written test or oral interview or other method. A specification at managers is consisted in that their abilities are checked by oral interview on which is present head of the state body in which is established working relation.
Based on results of this proceeding, cadre managing body is going to established rang list with candidates’ results from the tests. This rang-list is delivered to the head of the state body where should be filled empty working place. If head of the body could not decide for one proposed candidate, announcement with the reasons for that decision should be send to the cadre managing body. Law has left to the head of the body solution of free choice of candidates from the list. Proceeding is same for the assistant minister, secretary of the ministry - so, announcement, interview, rang-list and right of minister to choose not regarding the list and right to reject the whole list.
Here we should stress that Law considers only employee in the state administration and (subsidiary) on local servants in municipalities. For the persons engaged in public firms / companies and public institutions are used common regulations for working relations so there relations of managing and governing bodies towards persons that are employed or are going to be employed, legally does not differs from relation towards private employer and persons that have been engaged. Reasons for this determination of the employer partially we could search in necessary privatization of the most of the public companies, as well as in planed diminishing of the number of public institutions and services. Nevertheless, the fact that appointment of the directors is accomplished by boards proposed and elected by the Government (health institutions), or only elected (educational boards), and in some cases the Government elects the Directors in the Managing Boards (Clinical Health Center), leaves space for violations that could be left out by adoption of comprehensive law.
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Besides the significant improvement in comparison to early situation in which the head very independently had made decisions for employment this solution also allows certain degree for violation by the head. In one of the working draft versions of the law, there was obligation for the head - in case of not choosing the first ranged from the list - that written explanation must be delivered to the cadre management body. Serious danger that appears here is that in the process of choosing servants, often might prevail political to the detriment of professional criteria. Practice of Montenegrin democracy has proved that every new power or participant in it tend to award party activist with high posts, which is proved by proposal that its policy would be best introduced by its cadres. High functionaries are regularly changed staying on the payment list, which has increased their number and also increased budget outcomes and diminished their efficiency. It is quite often that professional and competent cadre that should represent institutional pillars, after the elections resign or are dismissed. Working places where are bring new workers are not filled in accordance to the rules for offers and expenditure, market principles and criteria that should guarantee professionalism and competence, but in accordance to the loyalty criteria. In Montenegro during the last decade was established the practice of intensive employment in administration and public sector, directly before elections and right after them. It is public secret that offering job in public sector is one of the ways of buying “certain voice”. Regardless of the changes in the criminal legislature with inclusion of the criminal act for Violation of freedom of choice during the elections (article 186 Criminal Law), this attitude in reality is smuggled as satisfied need in which participants carry their suffering and their satisfaction, but also worry to sustain conspiracy. Although, mentioned Criminal Law predicts monetary sanctions or imprisonment for one year for every serious threaten, corruption or other illegal method that influence citizens determination in voting, according to data that could be get, number of criminal registrations, accusations, charges and sentences for these criminal acts is zero. Nevertheless, data give other picture totally opposite to personal data and
Political Parties and Pluralism citizens experience that confirms that such a type of election corruption has become part of life that is determined as shape of conventional attitude and is planted in the society culture, but also this
The Range of Multiplication the Number confirms problem in evidence of this criminal act firstly because of the absence of participants or witnesses.
To get free society from the consciousness about legitimacy of the right to capture of the election winner and practice to be employed whether to bring in public institutions party or political members should pass some time because is a question of measure, time, culture. On this phenomenon are not immune even countries with so-called stable democracy.
On the other side, question of employment is related to the surplus of employed servants in state administration and need to be rationalized, which is confirmed by the Governmental official that number should be diminished for 10% and verbal support for diminishing public deficit. Administrational reform could not get to the question of the administrative quantity (former West Germany had 4.5 million civil servants or 17.7% from the whole number of employees, USA 25% from the working able population is employed in the public sector, i.e. only in state administration work over 16 million people, while in every developed country this number gets to 23%). Problem with public administration is not in the number of officers but in the aims, speed of reacting, methods of efficiency, effectiveness, policy distribution and power inside the administration, possibility of fast and easy answer to the problems of market economy and citizens. could we say certainly that Ministry for internal affairs or Ministry for urbanism and environmental protection etc, have worked good enough for the last few years, whether there was enough professionalism, organization, abilities for fast reaction with the answers and especially formulation of the active strategies and preparation good political decisions for those who need political decision, except for some exceptions? Because negative answer is obvious, it is clear that there were some gaps in cadre
76 Between the political convenience and equal opportunity The Range of Multiplication the Number policy. It is not useful that in so complex condition for which more knowledge is needed - administration relies on cadres some of who cannot pass even basic tests for checking their abilities. Political Parties and Pluralism Therefore, problem of rationalization should be treated through the problem of personal abilities and personal professionalism, and not the number of employees.
3. Working posts of the officials and employees
Next important detail in the Law for civil servants and employees is new classification system for civil servants and employees. In this part law determines also the names of the managing working posts in which are include secretary of the ministry and assistant minister, in other administrative state bodies - assistant of the head of the body, and in governmental services - assistant of the head of the service. As we have mentioned, these persons are get in the work through public competition and beside common they must fulfill special conditions (be highly educated, 5 years of working experience, passed professional exam and other conditions determined by act for systematization of working places).
System of vocations should provide career promotion, which is one of the elements for stimulation of the civil servants for quality working in the administration. Civil servants do their working duties in vocations. Vocations exam professional characteristics of the employed and level of professional preparation for doing duties with certain level of complexity in the body. Law predicts 10 levels of vocations and working experience, and there is a system for obtaining higher vocations in the proceeding of promotion. The aim is to obtain stable administrative structure on the principle of profession that would serve to every democratically chosen government and citizens.
4. Civil Servant and Employee rights and duties
Civil servants’ and employee rights and duties are central part of the servants’ service. In that part of the law (chapter IV), are regulated questions for doing certain activities, manuals and orders, obligations etc. here it is also treated the question for conflict of interests, “confirming” that civil servant or employee doing their work must not accept high valuated presents, in accordance to the regulations for conflict of interests. In the frames of the servants and employees rights, there are rights that are commonly accepted in the subsidiary legislations (right to salary, compensations and other incomes, holiday, absence etc.). Although, by the Constitution is approved freedom of trade union organizations, alternative trade union scene is created very slowly and in the shade of Union of Independent Syndicate (UIS). Although, the presence of independent trade unions in this moment is worthless, we can mention that it is about new, efficient and more profound shape of syndicate organization which gains its perspectives and that during last year there were registered first two syndicates in the public administration (in the local self-government body in Budva and Cetinje). Their constitution is related to undertaking local power from the opposition in the republican parliament, which means that eventual establishment of syndicates in republican bodies (where power of UIS is absolutistic), should wait some next redistribution of political power.
State bodies employees do not have right on strike (article 54 / 2 the Montenegrin Constitution). It is interesting that Serbian Constitution has not got this kind of prohibition, but it was not needed because by the Constitution of the United Republic of Yugoslavia it was constituted and not only for the employees in the union bodies, but also for the republican and state bodies, as well as for the republican police employees. Contradictory nature of the strike and right to strike it is seen also in the fact that right to strike is at the same time aim and mean of syndicate fight and that between these two aspects exists multiple connections in which all others syndicate freedoms and rights are
77 Between the political convenience and equal opportunity
synthesized. This right that was previously stressed is included in the group of social rights but also can be seen as part of the rights and freedoms of uniting. Right on strike is guaranteed by the international pact for economic and social rights (article 8, / 1), and European Social Charter (article 6, / 4). According to the pact on economic and social rights, national legislations are allowed to limit rights on strike to the members of state administrations. Montenegrin Constitution to this category of employees instead limitation has established prohibition and totally disabled the right to strike. Consequence of this repressive decision is provision from the article 16 from the Law on strike, according to which civil servants and members of police terminate working relation because organization of strike or participation in it. Legalization of the right to strike for civil servants or employees (i.e. universality of this right) it must be part of future changes in current constitution.
5. Civil servants and employees responsibility
In part of the law that regulate civil servants and employees responsibilities (chapter V) it is established their discipline and material responsibility. Discipline responsibility understands light or hard discipline violation. For light violation, it could be imposing fine which consist 15% of servants’ salary, and for a hard: fine of 20 to 30% of the salary or termination of working relation. Servant is also materially responsible for harm at work or in connection with work, illegally, on purpose or neglect harm state body but also for the harm of third person if it was on purpose. In the new law there are no changes connected to the discipline responsibilities, which is surprising because at the beginning of this process the Government through the PM standing has stated, “...reform of the administration is not punishing measure, but it is discipline strengthening in the attitude and in the relation towards work of all state servants.” What is very detailed established is material responsibility. Shapes of servants personal responsibilities
Political Parties and Pluralism for harm stay as very important element for providing legality and working regularity in the administration, especially in the cases of purpose or hard neglect. Corruption, evil intention or
The Range of Multiplication the Number embezzlement must not be forgive for the accomplishers. Beside discipline and material responsibilities from the Law for civil servants and employees, Criminal Law (chapter XIX) there are responsibilities for 15 criminal actions of misuse of professional position.
Ethical Codex for the Montenegrin civil servants is still in its draft version, on which experts and different segments from the public sector have delivered their comments.
6. Evaluation, promotion and establishing abilities
Law provisions considering the evaluation, promotion and establishment of civil servants and employees abilities consist the important part of every servant system, especially does systems that are based on so-called career model, which should replace today “spoil” system. Civil servant, in the frames of one class could be promoted in higher vocation or in higher payment class, where promotion follows evaluation of working abilities and working results. Evaluation is presented on the base of accomplished results, independency and creativity in doing activities; accomplished cooperation with clients and cooperators, organizational qualities etc. evaluation is descriptive and has four degrees: excellent, good, satisfactory and unsatisfactory, while evaluation for managers is simpler: satisfactory and unsatisfactory. The aim of this procedure is to condition promotion with determined professional and working qualities that has civil servant shown. On the other side, stands prevention of nepotism and so-called not objective clienteles - promotion of persons that with their professional qualities and working results do not deserve promotion.
78 Between the political convenience and equal opportunity The Range of Multiplication the Number Civil servant and employee have right to candidate for professional improvement, when that is important for work of the state body. Expenses for the improvement are on the back of the body, Political Parties and Pluralism while rights and obligations of the servant are determined by decree between body and servant.
In the modern administrations, so-called “Yes Sayers” are eliminated. They are those who always support ideas the head of the body and with that lead him to mistakes, because he could not know everything. Turkish variant of “Yes Sayers” were “Evet-Efendies”, administrative servants in the sultans’ palace whose only duty was to privilege Sultans wills. This is also one of the reasons of the ruin of Ottoman Empire. Today, opposite to this so-called “Whistle Blowers” are protected. Those are people that based on knowledge and moral standards say on time where the mistake is. Here of course the word is about dispute between programs, powers and freshness of ideas but not people. Small country as Montenegro - it should never allow and encourage dispute personalization in public administration. In order stubbornness to be diminished there are chances for larger mobilization of intellectual potential that we have at work in the administration and public services. Many among the best have resigned the administration, and beside higher salary, changing of the working atmosphere is also important. Anyway, it is connected to the number of employees: here we have very little “untrainables”.
7. Termination of civil servant working relation
In a case of elimination of some body or part of the activities, body that undertakes its working domain at the same time takes its employees, but in accordance to its demands. Officers that are not going to be undertake, have the same rights as for the employees that have terminated their need because of technological, economic, restructuring changes in economic societies, as in accordance to the determined common working regulations. In a case of body reorganization because of diminishing of the amount of activities or in a case of organizational, public-finansial and other problems or changes, civil servant’s working status is terminated or he could be replaced to a working place that is proper for his vocation and professional abilities. Servant with terminated working status because of the previously stated reasons has employment priority on working place in state bodies - for which post he accomplishes conditions, in a period of two years after the termination of his working status.
8. Cadre Management
At the end, we should mentioned organizational question of the cadre system. Central part in the organization of the cadre system is special body for managing with the cadre in the administration (Agency or Central Cadre Commission), which is the most important news in the Law. Its main competencies are: - monitoring of the implementation of the Law for civil servants and employees and other regulations for civil servants and employees, - giving opinion for organization and systematization of the state bodies, - introducing public and internal announcement and public competition for state bodies, - evidence and other duties for the requirements for the development of internal labor market, - duties / activities considering state administration reorganization, - preparation of proposals for programs for improvement and other programs for cadre development, - professional help for the Government considering cadre questions, - helping state bodies in the realization of cadre policy, trainings and cadre development,
79 Between the political convenience and equal opportunity
- other duties from the sphere of development and cadre management.
Cadre management body as we can see from its competencies it should accomplish the most important duties from the sphere of cadre management and represents the central body in the new system for civil servants and employees. This body it is not responsible only for support of that system but also for the development of the cadre system in the administration. Its function is horizontal, across whole state (local) administration, and in the same way, return information from the whole state administration should be concentrated in this body. Result of that flow it would be central cadre evidence and it is base for internal working labor and database for all proceedings considering civil servants and employees’ status. Therefore, this body is organized in the very centre of the state administrative system in the frames of the Government as its agency. 9. Important statistic data
9.1 Budget information CENTRAL GOVERNMENT BODIES ANNUAL BUDGET IN DM Data for 2002 I. MINISTRIES Ministry for Justice 2.664.566,51 Internal / home affairs 75.564.993,19 Finance 5.533.903,69 International relations 7.083.867,43 Education and science 175.576.823,7 Culture 13.491.462,51 Economy 13.309.941,59 Marine and transport 31.323.834,28
Political Parties and Pluralism Agriculture, forestry water supply 15.598.039,94 turism 2.456.677,25 trade 1.865.186,77 The Range of Multiplication the Number Urbanism and enviroment protection 4.564.534,99 health 7.217.105,61 Social work and social inssurance 73.875.543,57 Protection of the rights of national and ethnic groups 454.737,78 religion 653.225,29 TOTAL 431.234.444,13 II. ADMINISTRATIVE BODIES Republican direction for state incomes 10.059.289,94 Direction for real estate 6.317.166,23 Customs of RMN 4.475.877,86 Agency for anticorruptive initiative 177.742,82 TOTAL 21.030.076,85 b) Secretariats Republican secretariat for legislation 312.212,19 Republican secretariat for information 17.191.679,18 Republican secretariat for development 4.386.395,79 Republican secretariat for sport 2.801.199,94 TOTAL 24.691.487,1 c) Administrative organizations Republican bureau of statistics 4.302.146,87 Republican wether bureau 1.526.508,18 Seismology bureau 279.481,39 Republican direction for goods reserve 2.422.797,87 Direction of public works 9.423.764,97
80 Between the political convenience and equal opportunity The Range of Multiplication the Number Bureau of international scientific, educational, cultural and technological cooperation
1.173.831,92 Political Parties and Pluralism Montenegrin State Archive 1.996.748,52 Agency for development of small and middle companies 5.010.077.38 Bureau for execution of criminal sanctions 5.807.250,67 TOTAL 31.942.607,77
WHOLE TOTAL 508.898.615,85
81 Between the political convenience and equal opportunity
9.2 Cadre data
Detail date could be found in the annual statistic book of the Republic of Montenegro that is regulary edited by Republican Bureau of Statistics.
CENTRAL GOVERNMENT BODIES NUMBER OF EMPLOYED -2002.
I. Ministries Total On undefinite On definite Clerks
Ministry for Justice 513 4111
Internal / home affairs 7///.500
Finance 501 456
International relations 909 909
Education and science 1///50
Culture 1///2
Economy 304 322
Marine and transport 773 624
Agriculture, forestry water supply 1415 9417
Turism 4///2
Urbanism and enviroment protection 1326 1851
Health 2011 1659 1
Social work and social inssurance 1825 1701
Protection of the rights of national and ethnic groups 7700
International economic relations and European Integration 1009 1000
TOTAL 80707 859 495
Political Parties and Pluralism II. ADMINISTRATIVE BODIES
a)Administrations
The Range of Multiplication the Number Republican direction for state incomes 520
Direction for real estate 4665 301 194
Customs of RMN 3066 324 141
Agency for anticorruptive initiative 3300
TOTAL 19354 625 135 2
Republican secretariat for legislation 179 102
Republican secretariat for development 1011 45561
Republican secretariat for sport 126 140
TOTAL 1974 69561
Republican bureau of statistics 1303 9010
Republican wether bureau 1440 140 221
Seismology bureau 111 100
Republican direction for goods reserve 513 520
Direction of public works 360 231
Bureau of international scientific, educational, cultural and technological cooperation 158 112
Montenegrin State Archive 1982 116 12
Agency for development of small and middle companies 1///8
Bureau for execution of criminal sanctions 2079 2907
TOTAL 8934 703 671
WHOLE TOTAL 11069 2357 316 115
82 Between the political convenience and equal opportunity The Range of Multiplication the Number ______
1 On the topic in general and the understanding of reformatory change of the regime see Janos Political Parties and Pluralism Kis “Between Reform and Revolution”, East European Politics and Societies, Spring 1998 p.323, East European Politics and Societies, N.1, 1998. On the democratic transition in Macedonia see, Daskalovski Zhidas: “Elite Transformation and Democratic Transition in Macedonia and Slovenia”, Balkanologie September, 1999. 2 SC Res. 817, UN SCOR, 48th Sess., Res. & Dec., at 132, para. 2, UN Doc. S/INF/49 (1993); GA Res. 47/225, UN GAOR, 47th Sess., Supp. No. 49, Vol. 2, at 6, UN Doc. A/ 47/49 (1993). 3 “Evaluation of EC Country Strategy: FYR Macedonia”, by Investment Development Consultancy, France and Development Strategies, Italy. 4 Ibid. 5Annual Report on the work of the State Commission for Prevention of Corruption 2004, January 2005. 6 “Support for East European Democracy Act, Implementation Report, FY 2000”, US Department of State, March 2001.
83 Between the political convenience and equal opportunity Serbia by Srecko Mihailovic
Empirical examination: Employment in the Public Sector and Political Party Adequacy
“State job” in pre-political and political societies it is often provided on behalf of the previous done favors or feud that vassal gets from the administration as a compensation for done favors under the condition that part of that income should be given to the master. - We could not say that concept for working place in the public service differs a lot from the concept of “State Service”. In the pre political and political societies cadre renewal in the public service firstly is done in a corruptive-tribal manner (employment on relatively, friendly and so on basis), secondly in corruptive-political manner (based on political belongings and loyalty), and at the end it comes professional criteria (professional quality - abilities, education, experience), so called merit-based system. Corruptive-tribal and corruptive-political systems of employment as forms of patronage system create very weak administration and weak public sector. Professional criteria of employment are one of the guarantees for modern administration. Employment practice (promotion and resignation) in public services even that it is dominantly corruptive in nature; it is not morally sanctioned from the most part of the citizens. It is more or less adopted as something normal or as “needed evil”. We judge others until we come to “our case” when we done the same thing that we have previously judged. And things go on. To examine the situation in Monte Negro we interview 808 youngsters between 18 and 36 years.
Political Parties and Pluralism Professional aspirations at young people in Montenegro
The Range of Multiplication the Number Choice for a profession and working place in a great manner determines not only your working career but your whole life. Teaching for a profession that one does not like or that not satisfied some desired criteria is a minus that it is hard to compensate it. On the other side desired occupation and successfully finished education if had not resulted with the appropriate working post and working activity that do not provide normal development of the career it is not right. Let us see which profession young people of Monte Negro regard as not profitable and working places that they would like to be engaged in.
Examined were provided with list of seven professions and question which is the most profitable. They also have the opportunity to add other from the listed professions. From the 806 answers, only one examine have choused agriculture and for auto mechanic three of them. As we see this is obvious choice for profession - physical work and every occupation of that kind it is far from the youngsters’ aspirations for work. They are determined to intellectual work or as we used to say “office job”. In other words prevails determination for business and for politics, if the policy itself is not already some kind of business and we will see later from our examiners that they stress their close relationship! Except from the business and politics the rest are 18% and if we select the doctors, then it lefts 9% for the rest of the professions. On the whole, our examiners are very unanimous regardless to their status and other socio-demographic characteristics. If we search for the differences in the determination for the politics or business then we found that examiners that are actually or potentially far from good status are more connected to political profession, they are using it as compensation for the disadvantages in conditions for acquiring a successful career. Here we should added the sector that young people prefer to work in. this choice is somehow equal to the previous (coefficient of contingency is 0.32). Therefore, half of the examiners
84 Between the political convenience and equal opportunity The Range of Multiplication the Number are determined for the private sector, 2/5 for the public sector (here we have 7% that wish to work in the NGO sector), and 4% for the rest of the answers. Political Parties and Pluralism
Table 1. Desired working place and working status of the examiners (in %)
"Where would you Employed in the Rest of the Unemployed Students Average like to work?" public sector employed
I3n the public sector 682532583
In the private sector 27 60 55 31 51
N7761GO sector 17
Rest 3 5 4 6 4
TOTAL: 100 100 100 100 100
Numbers do not determine choice between public, private and NGO sector, except in the case of the working status of the examiner (see in the table 1) which is understandable because it is about examination in already done selection (besides, we ask employees in the public sector if the like to work in the public sector). We get data that between 3/5 and 2/3 of the employed wants to work in the sector where they already work and 27-28% do not want! In addition, it is more important to look at the interests of unemployed and students. We have found that big number of unemployed (55%) want to work in the private sector and one third in the public. It is totally different at students, 52% want to work in the public sector and 31% in the private. The problem is in the educational level. Most of the unemployed are with high school (over 3/4) and 11% with bachelor degrees, that is why they search their future in the private sector and students in the public where their education is needed. Overall, desires in the most part of the youngsters are very realistic.
Trust in Political Parties
Young people in Monte Negro do not have trust in political parties. More then two thirds of the examiners (68%) do not trust or not trust at all in political parties. In average, from 1 to 5, parties got 2, which means that average answer is: “Mostly I do not have trust in political parties”. Men and women are not different in having or not having trust in political parties, as well as examiners depending to their residential status. Educated have more trust compared to less educated (average is 2.2 to 1.9) and the coefficient of contingency between trust in political parties and examiners education is little 0.18. Similar is the intensity and correlation between monthly incomes and having or not having trust in political parties - those who have 200 and less euros per month have less trust (2.2) compared to those who have 200 and more euros per month (2.2). The most evident is the correlation between examiners working status and the political party trust (0.30). While unemployed have little trust in political parties (average 1.8), almost the same as employed out of the public sector (1.9), students (2.2), and especially employed in the public sector have the greatest trust (2.6) - nevertheless they gave to the parties middle grade.
It was logical to expect the most powerful correlation it will be in the case of memberships in the political parties, i.e. members of the political parties will have far more trust in comparison to those who are not. Opposite to this, the results showed that parties do not have the trust even from their members, although the average (2.5) is higher than in the case of those who are not members
85 Between the political convenience and equal opportunity
(1.9%). Coefficient of contingency between membership in political parties and trust in political parties is 0.29. Otherwise, half of the members of different parties do not have any trust in parties, quarter does not believe or does believe, and every fourth member has more or less trust. It is hard to imagine that members of some parties do not have trust in their own parties. Probably they do not have trust in the rest of the parties; it is about some kind of party egoism.
Political behavior
Every sixth examiner is a member of a political party, and if we take into account their sex, every fifth is a young man and every eighth a young woman. Considering their ages, then in political parties we found that every ninth is between 18 to 25 years and every fifth between 26 and 35 years. In political membership, in a working context, often are employees in the public sector (27%), while between the rest of the members is 13 and 16%.
Average monthly incomes / wages, place of residence, and even education are not significantly connected to the party membership. For example, if we take into account education we found that 15% of the members with basic and high school and 19% are highly educated. Among young people, we have relatively high participation in elections - on the last elections there were almost 2/3 of them and only 1/3 did not voted. Significantly is high participation of those between 26 and 35 years - almost ¾ of this part of population stated that has voted on the last elections (while there was every second of those between 18 and 25).
Over the average percentage is the number of youngsters from the public sector that vote
Political Parties and Pluralism on elections (83%), average those from the other sectors (65%), under average unemployed (57%) and students (55%). Correlation, i.e. coefficient of contingency between working status and voting
The Range of Multiplication the Number participation is 0.18. Those who are highly educated vote more often (73%) than those with secondary school (62%), those with good salaries (73%), i.e. whose average is 200 euros and more, in comparison to those under the average (66%), while considering the place of residence there are no differences. The strongest connection we found between political party members and going out on the elections (coefficient of contingency is 0.28). Even 95% of the party members went on the elections, while among non-members this percentage is 58%. On the next elections are expected to vote more than 2/5 of examiners (43%), more than 1/5 of examiners (22%) are not expected to vote, and more than 1/3 of examiners (35%) have not decided.
Four fifths of the members of the political parties are expected on the next elections and only one third of those who are not in the parties (coefficient of contingency between members and election intentions is 0.33). Working status is in significant connection with the intentioned election participation: intentions for the next elections have 60% employed in the public sector, 38% employed on other places, 40% unemployed and 47% students.
There were stated minimal differences: intentions to vote on elections of those who live in not administrative centers (46%) is are bigger than those from administrative (39%); larger is the number of men (45%), than women (40%), more “senior youngsters” (47%), than young (39%); more better paid (49%) than those with small salaries (41%)... Motives for political party membership
86 Between the political convenience and equal opportunity The Range of Multiplication the Number Three fifths of the examiners, reasons for becoming a member of a political party finds in personal interests of those who want to become a member, and less than a quarter reasons finds in Political Parties and Pluralism political career; all rest reasons are with small percentage.
Therefore, these dominant reasons are connected for personal profit / benefit which means that 84% of examiners motivation for party membership sees this way or that way like personal interest. It is interesting that even party members do not see a strong motivation for becoming a party member similar to non-party people. In comparison to non-party they less emphasize their personal interest (56%: 62%), they more emphasize their political career (26% : 22%), the greatest is the difference in emphasizing the contribution to the community (12% : 4%). The rest is not in important connection with the motivation for becoming a party member except in working status 0.22. Therefore, personal interest is mostly emphasized as a motivation by unemployed (68%) and employees out of public sector (65%), significantly less by students (51%) and employed in the public sector (44%). Political career as a motive is highly emphasized by employees in the public sector (37%) and students (31%) the same as contribution for the community (11%).
Political potency of the ruling political parties
Examiners were obliged to evaluate the influence of political parties in eight spheres of life: economy, agriculture, legislative system, security, science, culture, health and education. There are four types of grading: parties 1. don’t have any influence, 2. have little influence, 3. have strong influence and 4. this sphere of social life is under the control of the party. More than a half of young people consider that ruling party controls security sector (70%), legislative system (66%) and economy (59%).
If to the grades for total control by the ruling party we add grades for strong influence of this party on certain sphere of social life, then we got rang list of influence that is shown in the table 2:
Table 2. Influence of the ruling party on the spheres of social life Nominating should be done Nominating should Working place by the governing political be done on abilities party
1. Ministry adviser/counselor 537 4
2. Secretary Minister 51 49
3. Driver of the President 428 5
4. Chief of the Parliament administration 46 54
5. PR Counselor 491 5
6. Chief of the legal service 38 62
7. Director of the eco toxicological examinations 364 6
8. Director of the national museum 28 72
9. Waterworks Director 228 7
10. Secretary 26 74
AVERAGE: 40 60 Almost every examiner (90%) considers that governing political party has dominant influence (average grades are 3.5 and 3.6) in the security sector, legislative system and economy.
87 Between the political convenience and equal opportunity
Dominant influence in the educational system, health and agriculture sees ¾ of the examiners (average grades are from 2.9 to 3.1) and in the spheres of culture and science almost half of the examiners see party influence (average grade is 2.6). If we analyze the influence in total in all spheres of social life, then we have that 45% of the examiners considers that governing parties have total control over the social life, 30% that they have strong influence, 19% speak of small influence, and 6% think that parties do not have any influence on social life. In other words, ¾ of the examiners feel dominant influence of the governing parties on the social life and ¼ do not see any influence or considers it small. Indeed, in average, examiners consider that political parties have strong impact on eight significant spheres of social life. The analyses of the correlation of party influence on eight spheres of social life show that this correlation is most significant in the case of working status. In general, the employees in public sector in comparison to the other employees, unemployed and students consider that influence of the governing parties on the eight spheres of social life is rather smaller.
Crucial factors for employment in the public institutions
Connections are necessary condition for getting a job in a public sector (in “public institutions”). Three fourths of the examiners considers that way. Moreover, they think that political connections are more important (43%), then non-political (32%). In a second plan are criteria for getting a job that would function if we were a normal country - 1/5 of the examiners mention professional skills and experience (17%), success in school (3%). Here are also 5% that think that they should need luck to get a job in a public sector.
Political Parties and Pluralism It is important to analyze how employed in the public sector and members of political parties (becoming a party member they have been ensured with political connections) look on this
The Range of Multiplication the Number issue. Correlation between criteria for getting a job in the public institutions and working status is of medium intensity 0.26. employed in the public sector as well as those who have aspirations (students) stress the role of professional skills and experience (35% i.e. 32%), while those who work out of this sector (15%) and unemployed (9%) do not appreciate this factor for a working place, indeed they stress the role of connections in the process of employment (78% of those who do not work in public sector and 80% unemployed). Membership in political parties is not in expected correlation with the employment criteria in the public sector. Party members do not differ a lot from those who are not. For example, party members little less value professional skills and experience (22%) in comparison to non-members (16%), as well as appreciation of political connections (48%) in comparison to non-members (42%), and they less value non-political connections in comparison to non-members (22% to 33%). Moreover, we should mention educational level of the examiners 0.25. Actually, the most educated stress the role of professional skills and experience 31% in comparison to 14% from the examiners with secondary school and 9% from the examiners with basic education. Considering the connections in the process of employment 61% of the most educated think that they are important, in comparison to 72% from examiners with basic educational level and 80% from examiners with secondary school.
This question was used to test the examiners perception of the public administration character. If it is seen as professional public institution (employment on school preparations, professional skills and experience) or corruptively politicized public administration (employment
88 Between the political convenience and equal opportunity The Range of Multiplication the Number on political connections, party membership) or corruptively tribal nepotistic public administration (family based employment, relatives, friends and other connections). Young people in Monte Political Parties and Pluralism Negro, public administration see as corruptively politicized (2/5 of the examiners), then corruptively tribal nepotistic (1/3 of the examiners) and finally as professional institution (1/5 of the examiners). In basic, it is easier to change politicized public administration (to depoliticized it; to fight against abuse of political connections), then tribal nepotistic one that leans on corruptive political system. Corruptively- politicized public administration in its background has political connections and relations while corruptively tribal nepotistic administration has completely corruptive society.
Politic as the most frequent channel for social promotion
We have noticed that more then 2/5 of the examiners (43%) consider that political connections are crucial for getting a job in the public sector. This factor makes politic an important channel for social promotion. Moreover, this was proved with the answers to some other questions. On the question “In which degree membership in some political party have an impact on career (job promotion) in the public sector”, 28% of the examiners considers that career fully depends on the party membership, 57% state that large part depends on membership, 13% that big part does not depend from membership in political party, and 2% think that does not depend from membership at all. It is obvious that 85% consider membership in political parties, a factor that has a great influence on working career.
At the end, we have one extreme evidence. Half of the examiners (52%) consider that politicians in Monte Negro can influence on the process of employment or resignation “in private or privatized firms”, 18% deny that possibility, and 30% say they know. This founding according to which politic not only influence the employment and resignation in the public sector, but also, on the consideration of the half of the examiners, the private sector, speaks of the almighty politic and together with the conclusions of he previous findings, about huge penetration in the entire social life. Indirect evidence about the correctness of this conclusion is the finding according to which even 36% party members suppose that impact of the party membership on the working career is entire (and 27% of the non-members share this opinion). Men (34%), examiners with basic education, those who stay in some of the administrative centers and those whose wage (personal income) is less then 200 euros (33%), “senior youngsters”, employees out of the public sector and unemployed (32%). These percentages show absence of correlation between considerations about party membership impact on working career. Only weak correlation 0.21 we have in the case of working status. Examiners that have solid working career (usually they are employees from the public sector), are close to that, or have real aspirations for successful working career (students) rare then others consider that party membership have an impact on the working career - they suppose that working career does not depend on party membership (for example 27% employees in the public institutions think that party membership does not influence on working career, while 10% unemployed think that way). 52% of the examiners, most often party members (56%), examiners with secondary school (55%), examiners with wage under 200 euros (57%) as well as unemployed (62%) consider that politicians can have an influence on employment or resignation in the private firms.
We have correlation with weak intensity in the case of education 0.19, working status 0.20 and amount of monthly incomes 0.24. Highly educated examiners, examiners with career or are on a way towards it, as well as those who have high incomes are able to deny negative influence of
89 Between the political convenience and equal opportunity
political parties on employment in the private firms, and more often then other stress that these two things are not connected. For example, 57% of those with wage under 200 euros suppose that parties have influence on employment in the private firms also, as well as 41% of those with wage over 200 euros. Adequately, 16% of those with low wage consider that parties do not have any influence on employment and twice more of those with bigger salaries have the same opinion. On the whole, we have found that party membership is consider to be one of the factors that this way or that way have influence on the working status and its consequences - more often at those who have not accomplished desired levels in their career. Party membership and political engagement are like “joker” that can exchange any missing condition - if it is higher educational level (including also professional skills and experience) “trump” for successful career, then politics is “a joker” of every nature. In other words, it is about following idea of guidance in the working career: “It is not only that it’s not bad at all, but it is useful to be a party member, and if you don’t have faculty diploma it would be good for you to become a member of a party!”
Opinion about public institutions impartiality in the process of citizens’ employment
We have seen that ¾ of the examiners consider that in the process of employment in the public sector, connections are one of the crucial factors, political connections, friends, relatives - anyway corruptive. I propose that most of the youngsters do not consider connections and acquaintances (corruption) legitimate procedure for getting a job, at least when it isn’t affect them. From this arouses a logic question about the factors that could make public institutions impartial in the process of recruiting new civil servants. Examiners were provided with a list of eight factors (by the authors consideration) that could lead to objective and impartial choice of a new employee (examiners could write other factors),
Political Parties and Pluralism with the right to maximum three choices (percentages were accounted from the total number of examiners that have given at least one answer and due to the fact that they could give more then one
The Range of Multiplication the Number answer the percentage is more then 100). - Here is the rang list from the answers: 1. Economic development of the country...... 49% 2. Changes on the political level...... 35% 3. More efficient realization of the current laws...... 30% 4. Establishment of an independent body that would prevent from partiality...... 29% 5. Increasing citizens conciseness considering this problem...... 28% 6. Reform in the public sector...... 26% 7. Candidature of Monte Negro for the EU membership...... 22% 8. More active syndicate...... 12% Nepotism, political connections, C&A (“connections and acquaintances”) as forms of corruption aimed for gaining some good, are procedures that label certain type of society (it is about pre-political society in establishment and political society in the process of establishment, and both are far away from modern type of society). It is illusive to expect that this type of corruption and entire corruption can be eliminated without changing the society. On the other side, waiting society to come to changes without undertaking measures against corruption only continues existence of the corruptive society. That is why we should see the difference between measures that primarily lead to society transformation and direct measures against corruption as a measure that undertakes every society that tends to normality and getting closer to the concept for valuable desirable type of society. - The list with anti-corruptive factors that was proposed to the examiners contains concrete and global measures, i.e. those directly against corruption and those for changing a corruptive society. That is why we have significant dispersion in the answers with the accent on the economic and political measures that are in fact focused on both aims (direct and global).
90 Between the political convenience and equal opportunity The Range of Multiplication the Number
Perception of “political” and “non-political” working places in the public institutions Political Parties and Pluralism
According to our examiners non-political working places in the public institutions (ministries, public companies, agencies, community bodies...) most often are consider to be guard (49%), then driver (31%), secretary (22%) and civil servant clerk (18%). Working posts for PR and counselors are considered exceptionally political working places (they are nominated by the ruling party). - Our examiners see public institutions as too much politicized, because for no one of proposed six working places, larger part of the examiners said that governing party does not put their people. Closest to this was the working place of a guard because more then a half see this place as non-political. Opposite to this, young people in Monte Negro think that bigger part of the nominees for a working post in the public institutions should be non-political and to be based on candidate skills, abilities (see in table 3).
Table 3. Identification of political and non-political working places (in %)
Strong influence + Average grade Spheres of social life Range total control (1=min, 4=max)
S1%ecurity sector 963 3.
Legislative system 2 92% 3.6
E3%conomy 952 3.
Educational System 4 77% 3.1
H5%ealth System 705 3.
Agriculture 6 64% 2.9
C7%ulture 565 2.
Science 8 49% 2.6
AVERAGE: - 75% 3.1
Considering public institutions as municipal bodies, hospitals, schools etc., nominating should be done by governing political parties only in a case of ministry counselor (57% of the examiners are for political reasons and 43% for professional) while in cases of Secretary Minister, Presidential Driver and Chief of the Parliament Administration - considerations are divided, half are for political criteria and the other half for professional. For the rest six types of working places dominates determination for professional criteria. In average for all ten working places types overweighs the professional determination in comparison to political criteria for nominating people on working places in public institutions, in proportion 3:2. Other face of this phenomenon is to agree or not with the resignations of the administration in the public institutions from the positions that not depend from the electoral results after the change of the Government. ¼ of the examiners agree and ¾ do not agree with the resignation.
In this context, it is interesting the eventual agreement of the examiner to be employed by the governing party with risk to be resigned when it came to governmental change. 1/5 of the examiners would accept this kind of employment, more then a half would not, while ¼ does not
91 Between the political convenience and equal opportunity
know what would have done. Anyway, things are very much different if we take into account examiners working status. Among examiners that would accept uncertain working post (depending on the election results) every second is unemployed, every fourth works out of the public sector, every sixth works in the public sector, every eleventh is a student. In conclusion, in most of the cases acceptance of uncertain working place is more a blackmail then a determination.
On a balance, central question it was whether young people in Monte Negro can differ political from non-political working places in the public sector and in accordance to that differ employment criteria. In that context it is clear that nominated on political working places are based on some political criteria and that it would be desirable if selection for non-political working places (also for recruit and promotion) are based on criteria related to the needed candidate skills/abilities. - Our analyses show insufficient abilities to differ political working posts that are characteristic with their politically created decisions, from non-political working posts that are characteristic with doing executive activities. At the same time among young people, it is very evident determination for large usage of professional criteria in the process of employment, i.e. in recruitment and in the process of promotion.
Politically based discrimination
Young people see Montenegrin society as society that discriminate young people in the process of employment in the public institutions based on their political believes. This is consideration of 87% of the examiners. Concrete, 2/5 think that discrimination is always present, half thinks that
Political Parties and Pluralism discrimination is present in most of the cases, 12% examiners consider that discrimination is absent in most of the cases and only 1% consider it absent. The Range of Multiplication the Number Differences in perception of how much is discrimination spread among young people in the process of employment depends on membership in political parties, salary amount and working status 0.28. Let us see how it looks from the perspective of differences in absence of discrimination. 13% examiners think that discrimination is absent or that is absent in most of the cases - but this is the consideration of 24% party members and 12% non-members; 20% of those with high salary and 10% with less incomes; 32% public administration employees and 7% unemployed. On the question: “Was any of your acquaintances discriminated on political base during the last 10 years? “, 56% give positive answers, 17% negative, while 27% said that they are not sure if something like that have happened. Things are very different when we come to self-perception of the discrimination. On the question: “Were they discriminated on political base during the last 10 years?”, 29% examiners answered positively, 58% negatively, while 13% were not sure if something like that have happened. From those 29% in this context that have stated they have experienced discrimination often speak men (31% in comparison to 26% women), examiners from administrative centers (34% in comparison to 24% from the rest of the places), unemployed (34% in comparison to 23% students or 24% employees in the public sector) and 39% examiners with basic school in comparison to 23% with secondary school and highly educated). Overall, it is discussable the existence of politically based discrimination or discrimination of young people in the process of employment in the public institutions because of their political believes, but discussible is the amount of discrimination. In the case of the examiners discrimination is identified for 29%, in the case of the acquaintances of our examiners, the amount is 56%, in the case of discrimination of young people in the process of employment
92 Between the political convenience and equal opportunity The Range of Multiplication the Number is 87%! What is all about? Why is this big difference? In the results of terrene examinations, there are no enough elements for reliable answer. Nevertheless, certain hypotheses are possible. Political Parties and Pluralism (a) In our society there are “common truths”, which are spread believes that are not checked by anybody, “market-place truths”, stereotypes... These are all dimensions of “provincial spirit of time”. In those unreal social perceptions, dominate governmental prejudice with the motto: “Every government is bad, but our is the worst”. “Exaggeration” about the fact that political discrimination is too spread is because of this described syndrome. (b) “Bad occasions” and “bad government” have significant place in interpretation of our frustrations, that way political discrimination is content of rationalization of all bad that happens to us, that is the explanation before us and before others about unrealized aspirations, for our feeling of loss, this is at the same time our answer to those who see us as losers. However, worst of all it would be to conclude that there is no political discrimination. On the contrary, it is present, and we do not do any harm if we exaggerate it.
Conclusion
(1) Distrust among young people in Monte Negro in political parties is large - from three examiners two do not trust in parties. From this emerges the significant distance from political parties, even between those that are in membership in some of them. Instrumentalist motivation for joining the party, testify about that - party membership is a mean for realization of some other aims. At the same time, young people notice enormous power of political parties, but this potential does not motivate but scares! (2) Most of the young people in Monte Negro do not approve employment based on political criteria (adequacy, loyalty) on non-political working places, although (same as others) it is not clear which of the places in the public sector are political and which non-political. At the same time, one group of youngsters, most of all unemployed, would accept working place even for the time of existence of that party. (3) Relatively large number of young people (between ¼ and 1/3) states that were politically discriminated, larger number see discrimination at their acquaintances, and it is mostly obvious in the cases of employment in the public institutions (87%) of the examiners. It is noticeable certain confuse in the perception of political discrimination and its exaggeration which is explained by “the spirit of the time”. (4) Young people in Monte Negro see employment in the public sector as totally corruptive - 2/5 consider that it is all about political connections (party membership, loyalty) and 1/3 think it is about nepotistic criteria (“relative and friend”), while 1/ 5 see professional criteria. Every eleventh examiner states that knows some methods for prevention of employees from political pressures in the time and after elections, and when you analyze those methods you can conclude that very small number of examiners have the real picture of the situation.
If we take some not so critical defenses about existing situation we found better existing examiners (better salary, highly educated, better working places, obtaining conditions for achieving career...) and those who expect to become that (students, for example). Those defend society in which they gain or expect to achieve some success. In comparison to well standing, among bad standing there is real or imagine too much critic and other exaggerations. Overall, young people in Monte Negro miss objective perception in real standing of the matters when the issue is about party adequacy and employment in the public sector.
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The public about equal opportunity chance
Between the political convenience and equal opportunity The public about the equal opportunity chance Albania
Discrimination based on political party affiliation
Being a member of political party is a democratic benefit, and the political parties themselves are political organizations that aim at coming into power and realize their programs how to manage the society and pour off their ideas and ideologies in the reality. However, it is exactly the government (and the power that arises once practicing it), the aim that makes inter-partial fights more active compared to what is a nice debate regarding different ideological concepts and differences only regarding certain attitudes. Politicians led not by ideological but rather personal interests and gaining and keeping the power of different kinds (statutory, material, control and similar), turn inter-partial fight into a fight between biggest enemies. This misuse of the biggest democratic benefit – competitiveness of different political elites and the pluralism of opinions, is more drastically expressed in the so-called transitional societies (featured with low level of economic development, subjected and undeveloped political culture and low level of development of human rights).
In most of transitional systems, there is an expressed politicization in all spheres of life. The power bearers have large political power compared to the states with stabile democracies. The concept of political totalitarity in transitional systems is clearly visible and its base is to keep the power at all costs. In such an environment, the political opponent (with different political opinion) is seen as jeopardizing of someone’s personal status, and the opposition acting as mining the governing structure. In absence of political tolerance and lack of protection of pluralism, discrimination based on political affiliation is widely being developed.
Discrimination is disabling or hindering the enjoyment of certain human or citizens rights based on certain affiliation or opinion. In transitional political systems political discrimination is made not only towards those who belong to a opposition political party, but also towards their partisans and who publicly express their opinion that differs to the governing one. Therefore, it might be that in these states it would be more appropriate if we talk more about political discrimination than on political discrimination as both the state apparatus (or to be more precise the state administration) is not independent in any aspect, it is completely used by political parties in power and cause discrimination. It can be seen in different spheres with different victims and can be perceived in a range of ways. In the acquirement of documents by certain public services, while using some health service, education and studies, employment and termination of working relations, promotion at work, actually in every contact with the state – the one with different opinion is followed with the punishment as has “dared” to think differently, believe in other political options and have different political opinions.
In conditions of undeveloped economy and non-transparent way of recruitment of staff in the public administration, the governing political party creates blackmailing in two fronts. For those who give their support, follow promises for employment (or that will not be fired) if they get engaged, and alternatively those who don’t give their support are threatened that will never get employed. Those who profoundly bow to the governing elites, experience promotions in their careers, and the others are being degraded – all this as a result of lack of (or inexistence) criteria for promotion in the administration. In lack of efficient rule of law, tenders and concessions are granted to enterprises close to the government, and lack of financial and other control. In this whole labyrinth of political games, the issue of preferences or a situation where the one with different opinion is directly damaged are present, however benefits for the supporters of the governing elite are given as some kind of passive discrimination (I am not punishing you but I am
97 Between the political convenience and equal opportunity
also not awarding you). In such case we are talking about violation of equitability and equal treatment. In this case we are talking more about benefits that are gained through support of a certain governing party, but the principle of equitability is violated, no matter the fact that this doesn’t include direct violation of someone’s right.
In order to reveal the situation of political discrimination in Albania a survey with 1000 respondents was carried out. 46.5% of them are women and 53.5% are men, 39.7% of them are on the age 18 to 25 and 60.3% belong to the age group 26-35. 71.2% of the respondents live in administrative centers and 28.8% in non-administrative centers. Most of them are with primary eight-year education 45.7%, 42.1% with higher education and 12.2% with primary education, of which 39% are employed in the public sector, 32.4% are employed in other sectors, 20.8% are unemployed, 7.8% are students. 20.9% of them declare that they are member of some political party, 73.1% are not, and 6.0% didn’t want to answer this question. Only 39.4% of the respondents say that they have voted in the last elections in the country.
According to the major part of the respondents the most profitable profession is to be a politician 59.1%. Both men and women agree on this according to the statistics the survey shows (60.7% of male respondents and 57.2% of female respondents). It is interesting to note that according to their answers it is also very profitable to be a businessman (39.1% of the respondents). However more female respondents (38.5%) believe that being a private businessman is very profitable against 24.7% of male respondents. All other professions such as doctor, engineer, professor, come to the bottom of the list.
54.2% of the respondents that live in administrative centers believe that being a politician must be the most profitable profession and even 71.2% of the respondents that live in non- administrative centers share the same opinion. Only 35.4% of the respondents - members of some political party believe that being a politician is most profitable profession and 62.5% of those who The public about the equal opportunity chance are not members of political parties share the same opinion. On the other hand members of political party believe that being a businessman must be more profitable (45% of them have this opinion) and 29.7% of the respondents who are not members of political parties agree on this.
There are also differences in their answers depending on their age group, thus the percentage on the issue of profitable professions, namely of being a politician as most profitable one, goes higher among respondents that belong to the age group 26-35. Whilst 46.9% of the respondents on the age 18-25 believe that politician is the most profitable profession even 67.2% of those who belong to the age group 26-35 share this opinion. Opposite to this, younger respondents consider that the profession of businessmen is more profitable (48.6%) compared to older respondents (19.6%).
The situation with the education level of the respondents is quite interesting. 48.4% of the respondents with primary school, 72.6% of the respondents with primary eight-year education and 47.5 with higher education positively correlate with the perception of profitability compared to politics. The same goes in the case of the profession of businessman, 51.6% of respondents with primary school, 18.8% of respondents with eight-year primary education and 38.5% of respondents with higher education believe that this profession is highly profitable. Thus, respondents with eight-year education mostly believe (72.6%) that being a politician is most profitable.
With regard to respondents’ level of income it is interesting that people with very low or low and very high incomes share approximately the same opinions. Namely, 84.9% of respondents
98 Between the political convenience and equal opportunity The public about the equal opportunity chance that realize monthly incomes of less than 100 euros, 46.8% of respondents that realize monthly incomes from 100 to 200 euros and 50.0% of respondents that realize monthly incomes from 500 to 1000 euros believe that being a politician is very much profitable, compared to the 29.0% of the respondents with monthly incomes 200-500 euros. On the other hand among the third group of respondents (200-500 euros a month) 71.0% of the respondents believe that the profession of businessman is most profitable.
As far as employment matters are concerned, the majority of respondents prefer employment in the private sector (51.4%), however these figures vary depending on respondents’ employment status. The highest percentage in this sense is present among employees in the public sector. It seems like gender doesn’t have a decisive role on people’s choice as to where would they like to work. Being it private, public or civil sector employments male and female respondents share more or less same opinions, however female respondents have more expressive attitude towards NGO employments (8.4%) compared to male respondents where the percentage is 0%.
Age on the other side, plays an interesting role in people’s choice of their employment. To be precise, 46.3% of the respondents aged 18-25 and 54.7% prefer work in the private sector, however this figures vary more when it comes to employments in the public sector. Young generations (18-25) (40.6%) prefer the public sector more compared to older age groups (22.7%). Respondents with primary education prefer employments in the public sector (51.6%), those with eight-year education (72.4%) the private sector and those with higher education both private (38.7%) and public (37.8%) sector employments. It is interesting to mention however, that respondents employed in the public sector would have preferred to work in the private sector (even 70%), but students believe that they would be more secure in the public sector (even 76.9%). Unemployed persons (47.1%) also see their future in employments in the public sector. It is interesting to point out that incomes respondents realize monthly have an enormous impact on their preferences towards employments. Consequently 71.8% of the respondents with 100 euros monthly incomes and 61.7% of the respondents with 200 euros monthly incomes want to work in the private sector, though 54.2% of the respondents with 500 euros monthly incomes want to work in the NGO sector and even 50% of those with 1000 euros monthly incomes want to work in the private one. For the purposes of getting a clearer picture of political discrimination it is worth mentioning that political party affiliation is also influential in terms of employments. Both groups (that are or are not members of political parties) prefer employment in the private sector, with the percentage of 62.2% and 44.3% respectively.
According to this survey there are some key factors affecting employments now days, such as political and non-formal connections as well as professional skills. 52.0% of the respondents believe that non-formal connections are very important to get e job now days, 36.3% believe that you need political connections to get a job and only 9.9% say that professional skills and experience are decisive in these terms. This means that our respondents believe that professionalism at work is never the highest feature that guarantees employment but rather subjective factors such as political and non-formal connections. This opinion is mostly present among respondents with primary education (68%) but also among respondents with higher education (57.7%), compared to those with eight-year primary education (42.5%) who believe more that political connection are more influential in this regard (44.9%). Respondents with higher incomes (even 100% and 75.0% respectively, according to groups) compared to those with lower incomes (47.9% and 59.7%) say that non-formal connections are the decisive factor to get a job these days.
99 Between the political convenience and equal opportunity
On the other hand, on the question “In which positions in the public administration people should be positioned due to their professionalism and not by political parties”, respondents give high importance to professionalism in most positions.
With a link to previous questions, the survey poses the issue of trust towards political parties. Only 12.4% of the respondents express their trust, and on the other hand big distrust is expressed by 52.8% and full distrust by 34.8%. With regard to gender, it is to be pointed out that female respondents express higher level of trust towards political parties 15.3% compared to male 9.9%. In addition to this, respondents aged 26-35 express more trust (17.2%) compared to younger groups (only 5%). The survey shows an interesting indicator that people living in non-administrative centres have far more trust towards political parties (36.8%) compared to those living in administrative areas (only 2.5%). It is worth mentioning that even 66.0% of political party members almost don’t trust political parties and only 7.3% of those who are not members share the opposite opinion. The level of trust to political parties is also reflected in voters’ turn out: 54.1% of the respondents who didn’t vote on the last elections do not trust political parties at all, and 5.1% of those who voted on the last elections share the same opinion. It is controversial however, that even 68.5% of those who voted on the last election almost don’t trust political parties.
Given that 66.0% of the respondents are members of some political party they were asked for reasons why they became members. 53.4% of the respondents believe that personal interest is the main reason why people become members of political parties and only 12.4% say that this is done in order to help the development of the society. Gender, age, employment status and monthly incomes do not have much influence on their responses. It is worth mentioning nonetheless that even members of political parties believe that the reason for membership is mainly of personal/ material benefits, even 56.5% of them share this opinion and none of them pointed the second alternative to build a political career as an option. The public about the equal opportunity chance It is worth mentioning that only 27.6% of the respondents say that they have been encouraged to become member of political parties. However these figures are much higher when it comes to respondents that are already members of political parties. Even 65.1% of them declared that they were encouraged by their parents, friends or relatives to apply for membership in order to get employed, bigger success, better job and better future. There are differences on the other hand when we look more closely to gender. Namely according to this survey it results that male respondents (33.5%) have been much more encouraged by their parents and friends to become members compared to female respondents (20.9%). In addition to this, with regard to their education level, respondents with higher education (38.0%) have been more encouraged by their parents and relatives to become members and on the other hand even 100% of the respondents with primary education say that they have never been encouraged in this regard by their friends, relatives, etc. Also, the survey reveals that younger generation (14.1%) have been less encouraged compared to older ones (36.5%). People with higher incomes (50.0%) are more encouraged to become members of political parties than those with less (21.1%). Also people living in administrative centres (30.3%) are more encouraged compared to those that live in non-administrative ones (20.8%).
We gained some indicative answers on the question regarding influence of political parties in different areas of economic and non-economic activities. The survey shows that the respondents think that political parties influence is almost fully present in economy and the security sector. As for instance 45.4% of the respondents believe that political parties fully control with the economy in the country and 43.9% say that they have a considerable influence. On the other hand 44.5% of the respondents say that political parties have a considerable influence in the security system and 40.6%
100 Between the political convenience and equal opportunity The public about the equal opportunity chance say that they fully control this system. According to the respondents a considerable influence of political parties is also present in agriculture (58.1%), legal system (50.0%), health system (87.0%) and education (77.5%) and a small influence is present in science (78.8%) and culture (80.7%).
Even 98.2% of the respondents say that politicians have a big influence in the process of employment and termination of employment status. It is interesting that gender, age, employment status, level of incomes almost don’t have any affect on respondents’ opinion in this regard. Namely the figures all vary 94% to 98%.
56.3% of the respondents fully disagree with changing of job positions with the change of government as a consequence of political preferences of the new government. It is interesting to note that younger generations (71.3%) compared to older ones (46.4%) express higher level of disagreement in this regard. Also public sector employees (36.9%) express very low disagreement with regard to this matter compared to students (76.9%), unemployed (62.5%) and person employed in other sectors (70.7%). Respondents with higher incomes (75.0%), express a higher disagreement with changing of job positions with the change of government. Gender doesn’t have a big affect on respondents’ answers but on the other hand education level of the respondents reveals some interesting figures. 100% of the respondents with primary education fully disagree with this matter and only 42.7% of the respondents with eight-year education share the same opinion. In addition to this, citizens living in administrative centres show bigger disagreement (61.9%) compared to those living in non-administrative ones (42.4%).
This links with the next question of the questionnaire – discrimination based on political believe in the process of employment in public institutions. 54.3% of the respondents say that discrimination is present in most cases and only 19.4% say that discrimination is not present in most cases. It should be pointed out that 100% of the students and 100% of persons with primary education say that discrimination is present in most cases. Political parties members (43.5%) have a tendency to prefer the third option that discrimination is not present in most cases and 63.7% of the persons who are not member of political parties say that discrimination is present in most cases. Gender and age don’t seem to affect respondents’ opinion in this regard.
37.6% of the respondents feel ready to accept a job knowing the risk that they can be fired when the ruling party is changed. 60.8% of the respondents that are members of some political party and 25.9% of those who are not, 61.1% of respondents with eight-year education and only 13.8% of those with higher education, 418% of persons aged 26-35 and 31.2% of those aged 18- 25, 52.9% of unemployed persons would take this challenge.
Nevertheless, according to the survey there is no doubt that political membership and building of professional career in public institutions are closely linked. Thus, 55.7% of the respondents believe that building of professional career is very much conditioned by membership in the ruling political party and to this percentage can be added the figure of 20.6% who consider that it completely conditioned by membership in the ruling political party. It is interesting to point out that different attributes of the respondents show different results. While 36.4% of respondents that are members of some political party say that this matter is completely conditioned by membership in the ruling political party, only 13.0% of those who are not share the same opinion. In addition to this, even 79.7% of the public sector employees consider that the professional career in public institutions depends on membership in the ruling political party.
101 Between the political convenience and equal opportunity
Most of the respondents (55.5%) don’t know any mean or mechanism that protects employees from political pressure during elections. However while it is 100% of persons with primary education that don’t know of any mechanism, 76.5% of those with higher education are aware for the existence of such means and mechanisms. Also political party membership makes a difference, namely 73.2% of the respondents members of some political party and only 39.9% of those who are not know of such mechanisms.
In order to prove the base of the opinion of the respondents, they were asked whether they have been discriminated against based on their political believe or do they know someone who has been in a situation to be discriminated on this bases. With regard to the first question even 69.4% of the answers were negative. However, 48.8% of the respondents members of political parties declared they have been discriminated against and only 12.7% of those who are not, answered positively. In addition to this, age groups have different answers on this question. According to the survey it turns out that younger generations (15.1%) have been less discriminated against than older generations (22.4%). The employment status is one feature that reveals some interesting figures. Even 51.3% of the students say that they have been discriminated in the last ten years. The same experience is shared by 29.5% of the public sector employees. Less discriminated have been people employed in other sectors (6.2%). Incomes and the residence of the respondents don’t seem to have any major effect to their answers. On the other hand, respondents with primary (16.4%) and higher education (29.0%) have been more discriminated in the last 10 years compared to those with eight-year education (11.6%).
With regard to the second question, do you know someone who has been in a situation to be discriminated in the last ten years, even 69.2% of the respondents answered positively, which leads to the conclusion that the opinions given in this survey only partially correspond to the personal experience. 90.4% of the respondents aged 18-25 say that they know someone who has been discriminated and the same experience share 55.2% of those aged 26-35. 76.9% of the students, The public about the equal opportunity chance 98.5% of the respondents with monthly incomes 200-500 euros, 85.4% of the male respondents and 75.3% of the respondents with eight-year education have positively answered this question.
And at the end, only 63.2% of the respondents that have voted in the last elections will also vote in the next ones and on the other hand only 19.2% of those that haven’t voted in the last elections declared that they will vote on the next. On the other hand only 21.9% of the respondents that are not members of some political party will vote in the next elections.
102 Between the political convenience and equal opportunity The public about the equal opportunity chance
Kosova
The survey on Political discrimination in employment in Kosovo, is based on obtained answers from 1000 respondents. Geographically, the survey includes urban and rural areas (administrative and not administrative centers) and most of the respondents 687 (68.7%) belong to administrative centers. Included were respondents from 18 to 35 years old. 683 (68.3%) are men and only 317 (31.7) are women. According to the education level, most of the respondents (57%) are with secondary education, then (25.2%) are with elementary education and (17.5) with superior education. Most of the respondents are unemployed (57.6%), employed are (23.3%) and (19.1%) are students. According to the average employee income per month, (11.1%) have stated that their salary is from 100-200 euros per month and (6.4%) stated that earn from 200-500 euros. Most of the respondents (65.4%) are not members of political party.
For the most of the respondents (43.7%) the most profitable profession is politician, (24.3%) answered that private businessmen is profitable profession, while (17.6%) answered for doctor. Other professions like engineer, professor, farmer and auto-mechanic are not among the most profitable professions. Very interesting results are obtained on the question related to the work preferences, most of the respondents 543 (54.3%) prefer to work in non-governmental sector, (23.2%) prefer to work in private sector and (17.6%) are oriented towards the public institutions.
Regarding the question about the most decisive factor to get a job, 670 respondents think that in order to get a job you have to be member of some political party and to have connections. 232 respondents stated that private connections (family, friends) are the most important. Only, 70 respondents stated that having professional skills is enough to get a job. 7 respondents think that you must be lucky to find a job and 21 respondents stated that the average from school is a factor to get a job. In this correlation is the question of political party trust, only (27%) respondents have trust in political parties. The level of distrust is very high, (56.6%) do not have trust in political parties.
Respondents have clearly expressed their point of view for the membership in political parties. (54.3%) of the respondents think that being a member of a political party is one of the means for the realization of their personal interest and (13.3%) of the respondents believe that this is the way to build their political career. (22.1%) of the respondents believe that the purpose of being member of a political party is to assist the overall development of the society. 10.3% of the respondents say that they do not understand the need of being engaged in political parties.
The respondents believe that political parties get young and unemployed people to be members of the party in order to gain votes in the elections. (61.9%) or 619 of the respondents believe that this is done in order to get more votes and only (3.7%) of the respondents believe that this is done in order to involve young people in political life.
Interesting results are obtained on the question about the influence of political parties in social life. Bearing on mind that safety system continues to be under reserved competence of UNMIK, the political influence is very low. Very high political influence is in the field of health system (614 respondents), culture (427 respondents) and education system (401 respondents).
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Very indicative response is obtained on the question related to the some positions in public institutions where work people that are not employed by the ruling political parties. (77%) respondents stated that there is no employment without having support from the ruling party. Only (7.6%) believe that the ruling party does not employ guardians and (3.2%) respondents believe that governing political party does not employ drivers. Connected with previous question, most of the respondents stated that the employment should be realized according to professional skills. The positions such as PR manager, secretary of the ministry, manager in the parliamentary administration, according to the answers, should be out of any political influence.
742 respondents (74.2%) do not agree with the practice of dismissal of professional staff with the change of governing political parties. Only 187 respondents (18.7%) have stated that professional staff should be changed by the political parties in the government.
Considering the issue of discrimination based on political believes in the process of employment in the public institutions, 413 or (41.3%) of the respondents believe that discrimination is always present and (34.6%) declared that discrimination is present in most cases. Most of the respondents (54.4%) “Vote” in favor of employment by political parties regardless of the risk that they might be fired with the change of the ruling political party. 287 of the respondents stated that they do not know whether they would accept this kind of positions and 135 stated that they will never accept any employment by political parties.
The respondents have clear point of view on influence of political parties in advancement of career in public institutions. Even (77, 6%) consider that professional career promotion is completely or mostly conditioned by the political party that membership. Moreover, as additional question is the politicians influence in the process of employment or dismissals from working positions. 573 (57.3%) respondents believe that politicians influence on employments or dismissals The public about the equal opportunity chance from working positions. 265 do not believe that politicians influence employments and dismissals from working positions. Only 162 of the respondents say that are not aware whether politicians have any influence in employments or dismissals from working positions.
For the most part of the respondents (66.3%) mechanisms or means that protect employees from political pressures during or after the elections, are unknown. According to the survey 513 of the respondents stated that have been discriminated on the base of their political belief during the past 10 years, and 417 of them stated that haven’t been victims of discrimination as a result of political opinion. Connected with this question, 314 (31.4%) of the respondents stated that they know someone who has been discriminated on the base of his/her political belief and 264 of the respondents stated that they don’t know anyone who has been discriminated. Most of the respondents (42.2%) answered that they are not sure whether they know someone who might have been victim of such discrimination.
Regarding the alternatives for independence of the public sector in the process of employment, most part of the respondents 712 have stated that establishing of an independent body that shell prevent this phenomena is an imperative. 673 respondents stated that reforms in public services are factors that can achieve independence in the process of employment, while 534 respondents consider that independence could be achieved through the effectuating the existing low.
On the question: Are you going to vote on the next elections? There is not significant disproportion. (37.6%) respondents stated that they are going to vote on the next election and
104 Between the political convenience and equal opportunity The public about the equal opportunity chance
(30.1%) answered that they will not participate in the elections. And 323 respondents are not sure whether they will vote or not.
105 Between the political convenience and equal opportunity
Macedonia
Analysis What the survey reveal? In order to get a clearer picture of what citizens think about this problem, a survey has been conducted among 1000 selected respondents, 47.9% of whom are female and 52.0% male on the age of 18 to 35 years old (41.6 aged up to 25, and 58.1% aged 26-35). In addition 63.5% of the respondents live in administrative centers, and 36.5% don’t live in administrative centers. Most of them have professional high school education (59.4%) and 36.0% have higher professional education. 45.0% of them are employed and 43.5% are unemployed (students 11.4%). 22.9% declared that they are members of some political party, 64.8% that have voted in the last elections and 43.5% that they will vote in the next elections. According to the opinion of most of the respondents, the most profitable profession is politician. Almost half of the respondents share this opinion 49.3%. It is interesting that the next answer to this question was the profession of businessmen, 29.8%. This in the same time shows the attractiveness of dealing with politicians, but also the insecurity from starting own business. All other professions, as doctor, engineer, professor, farmer or auto-mechanic are very far aback with very low percentages in regard to the perception for self-employment, public institutions leading to the conclusion that the feeling of safety in the working position is far more higher in the public sector compared to the private one (33.0% for the latter). This only reaffirms the impression gotten from previous questions for the negative perception of the business climate in the country. When we already address the question of employment, key factors affecting connections and membership in political parties (41.4%) and private connections (25.6%) come into the surface. Accordingly, a regular approach to the problem of employment is posed in the second plan, respectively having professional skills and high grade point average at school are put in the margins of being factors for employment, the first one with 19.0% and the second with only 2.0%. On the other hand, on the question which positions in the public administration people should be appointed
The public about the equal opportunity chance because of their professionalism and not because of political party membership, respondents say that professionalism is needed in most positions that do not bear an amateur approach. Only 10.1% of the respondents trust political parties and 60.6% of them declare for a total or partial distrust. 23.4% declare an ambivalent opinion as they say that there are times when they trust political parties and there are times when they don’t. However, taking into account the fact that citizens become members of political parties, respondents were asked to show the reasons why they do so. Only 8.4% of the respondents say that community development is a motive to undertake such activity. The biggest part of them (62.3%) consider that citizens that become members of political parties do this only for personal interests in order to build a political career (15.8%), and this makes 78.1% of the answers from the respondents. It is interesting to mention that only 10.1% of the respondents confirm that they have been encouraged to do so from their parents, relatives or friends in order to get employed, have success, better lives, better jobs, chances, career and better future. The question for the influence of political parties in several spheres in economy and other activities revealed some indicative answers. For example, the respondents consider that political parties have their biggest influence in the judiciary (65.9%), health system (61.1%) education (60.9%) and defense (60.7%). It is also interesting to be mentioned that only 55.8% of the respondents consider that political parties influence the economy. Opposite to this, respondents consider that this influence is less present in science (63.9%), agriculture (61.1%) and culture (59.4%). Some of the most interesting questions are those related to employment in the public administration, though 39.5% of the respondents consider that politicians in Macedonia have influence in the process of employment or firing people in private and privatized firms. Most of the
106 Between the political convenience and equal opportunity The public about the equal opportunity chance respondents (73.1%) have a negative opinion for firing people in the public administration with the change of government as a consequence of preferences to political parties in the new government. This is brought into question when bearing in mind the presence of discrimination based on political convictions when being employed in public institutions. 81.0% of the respondents believe that this is always present. The problem of discrimination is relative only for 12.5% of the respondents considering it to be a rare phenomena, and 3.4% consider that there isn’t such problem in the society. Connections with particular political party as a possibility to provide employment in the public sector bears the risk of losing this job with the change of the ruling political party. 25.2% of the respondents are ready to take this risk. Nevertheless, for the respondents it is not questionable at all that being member of a political party is a prerequisite for advancement of career in public institutions. Therefore, 64.8% of the respondents consider that the advancement in the career is totally or in a big part conditioned by membership in the ruling political party, adding to this 21.0% of the respondents who consider that this is a very often phenomena. Only 5.4% of the respondents exclude any kind of links of career success with political party membership. Most of the respondents (87.6%) are not aware of the existence of any kind of mean or mechanism for the protection of political pressures at times of elections or after. The respondents consider that strengthening public institutions in the process of employment can be achieved through reforms in the public administration (28.6%), establishing new body to hinder this phenomena, (22.4%), and by getting the status of country candidate in the EU (29.5%). Finally, as a form of check out for the basis of the opinions of the respondents, they were asked whether they have been discriminated against in the last 10 years on the basis of their own political conviction or if they know someone who has been in a situation to be discriminated against. Regarding the first question, 21.7% of the respondents gave a positive response and regarding the second 54.6%, leading to the conclusion that statements given in the survey only partially correspond to their personal experience. They reflect more the overall political and social climate in the country with particular stress to the distrust towards institutions. When we put forward the issue of employment, the key factors that have an impact emerge on the surface: connections and political party membership (41, 4%) and private relations (25, 6%). Therefore, regular approach toward the problem of employment is put on the second plan, i.e. professional skills and school success are on the margins of examiners’ considerations as a factor for employment, 19,0 % for the first and 2,0 % for the second. It is interesting to be mentioned that examiners with higher education stress the importance of political connections and membership in the relevant party as a basic for being employed in a public institution (43.9 % examiners with secondary and 42% with B.A.) in comparison to the importance of the family and friendly relations and support (26.2% with secondary and 26.7% with B.A.). Examiners with primary school, as well as those who have salaries (monthly incomes) of 100 euros and less, consider that luck is the most important (29.5% for the first group and 16.9% for the second). Moreover, persons with lower incomes, considering the issue of employment in the public institutions, most of them expect from political connections and party membership (49.2% from the examiners with salaries of 100 euros and less and 53.5% with income from 100 to 200 euros per month). On the other side, on the question what are the positions in the public administration where people should be put because of their professionalism and not for the political parties, examiners show high appreciation of the professionalism on the most of the working positions that do not tolerate amateur approach. In connection to the previous issues, the question of political party trust was put forward... Trust opined by 10.1% of the questioned, while complete or large distrust was expressed by 60.6%. 23.4% were ambivalent, explaining that they sometimes trust and sometimes not. Sex, ages, education, monthly incomes and place of living of the examiners did not show significant deviations
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from the average answers, but party membership was relevant for the examiners standpoint to this question. Namely, only 47.3% of the examiners that are party members have express complete or partly trust distrust towards the parties, 30.9% were ambivalent and some degree of trust 21.8%. Opposite to them, examiners that are not members of a party, 70.5% express complete or partly distrust towards parties, ambivalent were 22.9%, while some degree of trust express only 6.5% of these examiners. Trust degree reflects also on the voting on the elections, therefore 79.1% of those who does not vote on the last elections have expressed that completely or partially do not trust the parties. It remains unclear what was the reason for voting on the last elections for the 57.2% of the examiners that have voted and express complete or partial party distrust. Nevertheless, taking into account the fact that citizens become members of political parties, the question was put forward for the reasons by which they are leaded. Only 8.4 % of the questioned have answered that community development is a motive for that decision. The most part (62.3%) consider that citizens who become party members do that because of some personal interest or to build political career (15.8%), which together makes 78.1% of all examiners answers. Sex, age, education (except the examiners with primary school), working place (with exception of the unemployed, 71.4% of which claim that party membership is materially motivated) and monthly incomes as examiners features have shown that they do not have significant impact on the answers. From this picture of answers we can see that answers of the examiners that are party members, where only 50.2% of them have said that their membership is based on material benefits, while 21.6% consider that their motive is building political career (which is close to the female examiners opinion, 19.5%, as well as examiners on the age of 26 to 35 years and examiners with B.A., 18.4%). It is interesting that only 10.1% of the examiners approve that they were supported by their parents, relatives or friends to become party members in order to be employed, for a greater success, better life, better job, better chances, better career and better future. If we take a closer look, we could see that still there is difference in examiners opinions / standpoints. For example, the different standpoints are obvious whether the examiner is a party member or not (16.7% in comparison to 8.5% for affirmative answer on that parents, relatives and friends influence on their The public about the equal opportunity chance becoming a party member), as well as their sex (7.7% from female examiners and 14.0% from male examiners). Stratification considering the education, age, monthly incomes, working place and place of living does not show evident variations considering this issue. The question for the political parties influence on many spheres of economy and other no economy activities has gained many indicative answers. For example, examiners consider that political parties’ impact is the most powerful on judicial system (65.9% of the examiners), health (61.1%), education (60.9%) and defense (60.7%). It is interesting that for the dominant influence of the political parties on the economy have expressed only 55.8%. Opposite to this, they consider that the influence is the smallest on science (63.9%), agriculture (61.1%) and culture (54.4%). Interesting block of questions regard the employment and supporting the working status in the public administration, although a large part of the examiners (39.5%) consider that politicians in Macedonia influence on the process of employment or resigning in private or privatized companies. For example, in addition to the last issue, there are evident small differences considering the characteristics of the examiners. Namely, positive stands for the previously mentioned have 46.6% from the examiners - party members in comparison to the 39.6% of the examiners non-party members, then 38.4% female examiners in comparison to 42.5% male examiners (which it is not some significant statistical difference in this case), then 37.0% examiners on the age of 18-25 years, in comparison to 43.2% examiners on the age of 26-35 years. Variations in the examiners answers regarding their education, monthly incomes and working status practically do not exist. The most part (73.1%) of the examiners have a negative standpoint toward resigning employees from the public institutions in a period of a new Government switch as a consequence of a party-political preferences of the new Government. It is interesting that positive standing
108 Between the political convenience and equal opportunity The public about the equal opportunity chance towards this statement slowly falls down with the income increase (31.7% of the examiners with income less then 100 euros, 29.1% with income from 100 to 200 euros monthly and 26.5% from the examiner with income from 200 to 500 euros), but the difference is drastically in the answers of the examiners that are members (38.8%) and ones that are not (22.0%). Education as a factor of influence on this issue gives mild and not regular variations (24.4% of the examiners with primary school, 27.6% with secondary and 23.8% of the examiners with B.A.).Sex and ages do not have impact on examiners standpoints. This is brought in connection to the question of existence of a discrimination based on political believes in the process of employment in public institutions , 81.0% of the examiners claim that it exist always or in most of the cases. It is interesting that difference in standpoints on this issue is more obvious depending on party membership, therefore 79.3% of the examiners members agree that discrimination exist in comparison to the 85.6% of examiners non-members. Moreover, examiners with B.A. are more eager to point to this problem then examiners with lower education, 86.7%, as well as unemployed (87.3%). Problem with discrimination is relative to only 12.5% of the examiners that consider it for a rare appearance, while 3.4% consider that such a problem does not exist at all. Connection to a particular political party as a possibility for obtaining employment in the public sector, caries the risk of losing that job when leading political government will be changed. That risk are ready to take 25.2% of the examiners, here we have deviations when we are talking about persons we monthly incomes less then 100 euros (31.7%) and political party members (38.8%). Nevertheless, for the examiners it is indisputable the influence of membership in political party for promotion in professional career in the public institutions. Therefore, 64.8% of the examiners consider that promotion in professional career is completely or mostly is conditioned by party that is on position, membership and to this percentage, it could be added 21.0% of the examiners that think this is not quite often appearance. Only 5.4% of the examiners reject any connection of career success with party membership. It is interesting to be observe how examiners express regarding their attributes that characterize them. Namely, while 65.0% of the examiners that are party members consider that party status has an influence on professional career, this standpoint is spread among 73.7% of the examiners non-members. In addition, it could be mentioned that assessment that party membership has a positive impact on the career development is obvious in expression of the opinions regarding their education (51.4% of the examiners with primary, 68.7% with secondary school and 76.8% with B.A.). Sex and age as a factor of influence shows that female examiners and those on 18-25 years are within the average scope, while male examiners and those on 26 - 35 years overcome the average (in both cases more then 73%). On this relation also refer the answers of the employees in the public administration (77.6%). The most part of the examiners (87.6%) are not familiar with existence of any instrument or mechanism that protects employees from political pressures during the elections or after them. Only education as examiners characteristic shows that influence the answers. Only 4.9% of the examiners with primary school know about protection mechanisms, among examiners with secondary school there is mild increase (5.6%), while the largest is the percentage among examiners with B.A. (9.7%). Regarding the influence of political party membership, that they are aware of some protective mechanism, 9.0% of examiners are members in comparison to 6.1% non-party members. Solving the problem i.e. strengthening the independency of the public institutions in the employment process, examiners consider that is possible through a reform in the public administration (28.6%), establishment of an independent body that would prevent from this appearance (22.4%), putting into function of existing laws, as well as gaining the status of country candidate for entering the EU (29.5%).
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Finally, as method of checking the basis of the examiners standpoints, they were asked if during the last 10 years they have been discriminated regarding their political believes or if they know someone that has been discriminated on this basis. In relation to the first question, 21.7% of the examiners have answered affirmatively. In that context, 39.1% of the examiners have answered affirmatively in comparison to the 19.7% of the examiners that are not party members. Moreover, different ages of the examiners that corresponds with different answers to this question shows that younger examiners simply were less in a position to be discriminated in comparison to the seniors (15.8% to 32.1%). Significant deviation of the average answers does not show answers regarding their working status or examiners sex. It is interesting that according to the answers we could see that examiners with primary school (29.7%) and those with B.A. (29.8%) were more discriminated in comparison to those with secondary school (22.7%). In relation to the second question, if they know someone who has been in a situation to be discriminated on the previously described way, affirmatively have answered 57.3%, that lead us to a conclusion that standings and statements in the questionnaire only partly correspond with personal experiences, but they give better description of a common political and social climate in the country, with stressed distrust to institutions and to bearers of public authorities. During the process of answering to this question, it is obvious that emphasizing that they are aware of such situations is present mostly at the examiners with higher education (33.3% with primary, 54.1% with secondary school and 66.4% with B.A.). Moreover, differences between examiners from different sex are evident (51.8% female and 62.8% male) as well as party members (62.8%) in comparison to examiners non-members (55.5%). Finally, it should be mentioned that only 62.4% of those who have voted on the last elections are sure that they would give their vote on the next elections (this percentage is significantly less among examiners that have not voted at last elections, only 9.2%). Moreover, only 71.2% of the examiners that are party members have stated that they would vote on the next elections that fact directly speak of trust to the party and a motive for them being a member. The public about the equal opportunity chance
110 Between the political convenience and equal opportunity The public about the equal opportunity chance
Montenegro
What the examinations show? For the needs of this examination, in order to obtain clear picture of the standpoints of citizens of Serbia, it was provided a questionnaire on 1210 examiners, elected according to stated election. There were 595 women, i.e. 49.3% and 611 men, 50.7%, on the age from 18 to 35 years. 667 examiners were on the age until 25 years, 55.3% and from 25 to 35 years there were 539 examiners, i.e. 44.7%. According to the place of living, the most part belongs to administrative centers 1057 examiners, 87.6%, while from those of non-administrative there were 149 examiners, 12.4%. Regarding the professional trainings, most part of the examiners are with high-school training - 736, i.e. 61%, then come examiners with university training - 395, i.e. 32.8% and at the end there are 75 examiners , i.e. 6.2% with basic education. From the total number 1206 examiners most of them were unemployed (479, i.e. 39.7%), then employed (398 - 32.2%), employed in the public sector (147- 12.2%), and students (191 - 15.8%). According to the average employee income, 42.7% have stated that their salary is from 200 - 500 euros monthly, while 38.2% earn 100 - 200 euros. Regarding the question on party membership, from 1189 examiners, most part, i.e. 929 have stated that are not party members, while 260 examiners are members of some political party. According to this questionnaire, 39% think that most profitable profession is to be a private businessman, while 34.3% think that politician is. Other professions like doctor, engineer, professor and auto mechanic are not among the most attractive professions and their percents are between 5 - 10 % while profession farmer is the most unattractive profession with only 1%. Examiners sex, place of living and party membership does not have any influence on this question except for the examiners that are party members think that the most profitable profession is to be a politician (9%), and private businessman (8.1%). For the profession politician as the most profitable “trade” there are 34.6% women and 34.0% men (while for the profession businessman as the most profitable there were 40.8% men and 37.1% women), which give us the right to state that profession businessman, with small percentage is the most popular among men in comparison to women. Information regarding the place of living is very interesting. Even 55% that live in the non- administrative centers agree that to be a politician is the most profitable profession in comparison to 22.5 % that prefer private business. None from the examiners from non-administrative centers has stated that profession farmer is profitable. In comparison to the administrative centers 40.3% have stated that profession businessman is profitable and 31.3% have said that is politician. Quite interesting are the perceptions of the party members where 41.2% think that politician is profitable profession, 36.9% think that is businessman. Opposite to this those who are not members think that to be a businessman is more profitable 39.5% then to be a politician 32.7%. University positively correlates with the perception for profitability of private business: 42.8% from the examiners and 34.4% for the profession politician. Similar are preferences among examiners with high education (39.5% for businessman while 32% for politician). Quite interesting are the data among examiners with basic education where we have 25.3% for politician, but we also have 24% that have stated for doctor and 20% for professor while for the private business we have only 13.3%. Amount of the examiners incomes are contrary proportional to the perception for profitability of the politics. That politic is a profitable profession think 35.8% of the examiners whose incomes are less than 100 euros. Interesting is the relation between the examiners that earn less than 100 euros and those over 1.000 euros. Even 62.5% from the richer, those who have incomes over 1000 euros,
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i.e. 55.6% of those who have incomes between 500 - 1000 euros, think that profession businessman is the most profitable while those who earn less then 100 euros think opposite. Unemployed and students their ambition see in the private business (38.4% i.e. 46.6%), who are preceded by employed with 40.1%. Opposite profession i.e. politician is preferred by the employees in the public sector with 35.4%. Profession private businessman is popular among youngsters and among those until 35 years (39.1% with 38.8%). Largely is the difference at the profession politician where we have 32.5% youngsters and 36.5% of those between 25 - 35 years. Regarding the perception for their employment, private sector is actual and is preferred by 53.8% of the examiners in comparison to the 34.4% that have stated for public institutions that leads to a conclusion that private sector is stronger than public and proposes better future and safety. Public administration is more attractive only in non-administrative centers where we have 47.6% for the public sector while 44.8% for the private. Non-governmental sector is attractive for the examiners that earn from 200 - 500 euros for which have stated 19.4%, especially is indicative that this sector is preferred by female sex, i.e. 12.3% female examiners have stated for non-governmental sector in comparison to 8.5 % male. Regarding the question of employment in the public institutions, there emerge key factors that could influence and those are connections party membership, for which have stated 31.4%. Moreover, we have similar results 27% for the importance of professional experience and informal connections (family, friends...). Professional knowledge and experience, as a key factor for the development of one society is put on the second plan. Here primarily we have employed in the public institutions standpoints (33.8%), employed 31.5% and unemployed 35.6%. Encouraging element are students standpoints where we have 30.5% that believe that skills and capacities that they obtain and for which they spend effort and materials, would be key factor for their future employment. While only 18.9% think that political connections i.e. party membership contributes for their employment. Regarding their sex structure, female are focused on positive values, i.e. professional skills as a factor The public about the equal opportunity chance for employment, in comparison to male that consider the opposite. 33.8% of male stresses political connections and 24.5% for the professional capacities and experience. It is interesting to be noticed that examiners that are party members, 33.1% consider that professional skills and experience are important factor in employment and 29.2% consider that are political connections. Opposite think non-party members, i.e. they put the stress on the party membership. In this correlation is the question of political party trust, i.e. level of that dis/trust. Trust express only 2% of the questioned, while complete or big distrust have expressed 54.3%, while neutral are 33.3% of the examiners. Citizens have clearly expressed their standpoint for the membership in political parties. Even 45.1% of the questioned have said that their motive is their personal interest, 33.6% are members for building a political career, while only 10.3% motive see in their contribution for community development.
Sex, age, education, working place and monthly incomes as examiners markings have shown that do not have any strong impact on their answers. From the pointed out answers picture, answers of non-party members deviate a little bit, where 50.2% consider their membership for material benefits, while 30.8% say that their motive is building political career, while party members, 42.5% consider that activating in the parties is connected to building a career. Idealistic are examiners that are members in a political party and motive for their engaging is for the benefits to the social development (22.8%). Moreover, here we have the issue of the political party intention in recruiting new young members and unemployed in their parties. More then a half of the examiners regardless to their sex, ages,
112 Between the political convenience and equal opportunity The public about the equal opportunity chance education or place of living, over 60% consider that political party aim is to engage this group of citizens only for agitation and collecting voices, while only 26.9% of the examiners think that their aim is actively including young people in political life. However, examiners that are political party members have balanced standpoint considering the intention of engaging youngsters and unemployed by political parties. Political party impact on many spheres in economy and water supply activities, has obtain quite indicative answers. For example, 55.8% of the examiners think that political parties’ impact is strongest on the legislative system. Right after it, with 54.3% is security sector (army and police), here is also the economic sector with 52.8%. Sectors for health, agriculture, science, culture and educational system are also under political party influence. Examiners show worried tendencies of politicization of positions at public institutions (administrative councilors in the Parliament, PR councilors, directors of museums...) that have public interest for all citizens. Over 50% of the examiners consider this appearance normal and that political possession is important in establishment of the positions with public interest. Although, the fact that with the change of the administration with new political garniture that has come in power, do not agree more than a half (62.1%) of the examiners, it is good news. The same standpoint has political party members, non-members, also those who have voted on the elections. Considering the issue of discrimination based on political believes in the process of employment in the public institutions, even 76% of the examiners state that always or in most of the cases, discrimination exists. It is interesting that more stressed differences in standpoints for this issue do not depend on political party membership but political party members share the same standpoint that political party discrimination is present. Regarding examiners readiness to accept the risk of staying in the same political party, ready to lose their working place with the shift of the political garniture, only 27.9% are ready on this temptation. Most part of the examiners (37.7%) could not decide, and 33.9% could not accept this kind of risk of losing their working place. Larger readiness have shown those who are party members, 43% of them have answered with YES, while biggest resistance have shown students with 44.9%, i.e. this is not a risk group that could be changed from its working place. For the examiners there is no need for discussion of the influence of party membership on the promotion in the professional career in the public institutions. Even 77.5% of the examiners consider that professional career promotion is completely or largely conditioned by the political party that is in power, membership. The same view share political party members, those who are not members, those who have voted and those who do not voted on the last elections. Moreover, as additional question is the politicians influence in the process of employment or resignation, 41.9% consider that it exists, 32.9% have neutral standpoint, while 25.1% consider that they do not have that power. Among unemployed and student percentage regarding the politician influence is higher and it is 44.8% and 45.5%. Indefinite stand dominates among examiners whose incomes are from 200 - 500 euros, while among examiners with incomes from 500 - 1000 euros is the standpoint that politicians have no power to influence, their percentage is 38.5. For the most part of the examiners 93.6% mechanisms or means that protect employees from political pressures during the elections, are unknown. Only 12.2% that are political party members have said that they know about the protection mechanisms, the same percentage have the students, while only 6.7% of employees in the public sector know about the mechanisms. As a method of checking of the rightness of examiners answers, they were asked if in the last 10 years they have been discriminated based on their own political believe or if they know someone that was in a situation to be discriminated. Regarding the first issue, affirmatively answered 20.6%, and negatively 60.5%, i.e. they have never been in a position of political discrimination, while 18.9% are not defined. Of those employed in the public sector 25% stated that they have been politically
113 Between the political convenience and equal opportunity
discriminated while 26.9% same answer have given employees from other sectors. Regarding the se4cond question, affirmatively have answered 41.3% of the examiners, 40.7% employees in the public sector, 42.4% other employees and significant number of the students 47.1%. Regarding the alternatives for objectivity of the public sector in the process of employment, most part of the examiners 33.1%, have stated that reforms in the sector for public services are inevitable, while for providing the right there are 19.2% of the examiners. Moreover, for the strengthening of the role of unions / syndicate, gaining a status a candidate member in EU and strengthening citizens’ consciousness, percentages are one-numeral. On the next elections, 49.3% of the examiners would vote, 33.5% do not know, 15% would not vote. Most part of the political parties (81.9%) are going to vote, while examiners that are not members in the most part (41.2%) have stated that they do not know if they are going to vote. Employed have stated that they are going to vote, the same as a high percentage of the unemployed (42.3%). The public about the equal opportunity chance
114 Between the political convenience and equal opportunity The public about the equal opportunity chance
Serbia
For the needs of this survey, in order to obtain clear picture of the standpoints of citizens of Serbia, it was provided a questionnaire on 1210 examiners, elected according to stated election. There were 595 women, i.e. 49.3% and 611 men, 50.7%, on the age from 18 to 35 years. 667 examiners were on the age until 25 years, 55.3% and from 25 to 35 years there were 539 examiners, i.e. 44.7%. According to the place of living, the most part belongs to administrative centers 1057 examiners, 87.6%, while from those of non-administrative there were 149 examiners, 12.4%. Regarding the professional trainings, most part of the examiners are with high-school training - 736, i.e. 61%, then come examiners with university training - 395, i.e. 32.8% and at the end there are 75 examiners , i.e. 6.2% with basic education. From the total number 1206 examiners most of them were unemployed (479, i.e. 39.7%), then employed (398 - 32.2%), employed in the public sector (147- 12.2%), and students (191 - 15.8%). According to the average employee income, 42.7% have stated that their salary is from 200 - 500 euros monthly, while 38.2% earn 100 - 200 euros. Regarding the question on party membership, from 1189 examiners, most part, i.e. 929 have stated that are not party members, while 260 examiners are members of some political party. According to this questionnaire, 39% think that most profitable profession is to be a private businessman, while 34.3% think that politician is. Other professions like doctor, engineer, professor and auto mechanic are not among the most attractive professions and their percents are between 5 - 10 % while profession farmer is the most unattractive profession with only 1%. Examiners sex, place of living and party membership does not have any influence on this question except for the examiners that are party members think that the most profitable profession is to be a politician (9%), and private businessman (8.1%). For the profession politician as the most profitable “trade” there are 34.6% women and 34.0% men (while for the profession businessman as the most profitable there were 40.8% men and 37.1% women), which give us the right to state that profession businessman, with small percentage is the most popular among men in comparison to women. Information regarding the place of living is very interesting. Even 55% that live in the non- administrative centers agree that to be a politician is the most profitable profession in comparison to 22.5 % that prefer private business. None from the examiners from non-administrative centers has stated that profession farmer is profitable. In comparison to the administrative centers 40.3% have stated that profession businessman is profitable and 31.3% have said that is politician. Quite interesting are the perceptions of the party members where 41.2% think that politician is profitable profession, 36.9% think that is businessman. Opposite to this those who are not members think that to be a businessman is more profitable 39.5% then to be a politician 32.7%. University positively correlates with the perception for profitability of private business: 42.8% from the examiners and 34.4% for the profession politician. Similar are preferences among examiners with high education (39.5% for businessman while 32% for politician). Quite interesting are the data among examiners with basic education where we have 25.3% for politician, but we also have 24% that have stated for doctor and 20% for professor while for the private business we have only 13.3%. Amount of the examiners incomes are contrary proportional to the perception for profitability of the politics. That politic is a profitable profession think 35.8% of the examiners whose incomes are less than 100 euros. Interesting is the relation between the examiners that earn less than 100 euros and those over 1.000 euros. Even 62.5% from the richer, those who have incomes over 1000 euros,
115 Between the political convenience and equal opportunity
i.e. 55.6% of those who have incomes between 500 - 1000 euros, think that profession businessman is the most profitable while those who earn less then 100 euros think opposite. Unemployed and students their ambition see in the private business (38.4% i.e. 46.6%), who are preceded by employed with 40.1%. Opposite profession i.e. politician is preferred by the employees in the public sector with 35.4%. Profession private businessman is popular among youngsters and among those until 35 years (39.1% with 38.8%). Largely is the difference at the profession politician where we have 32.5% youngsters and 36.5% of those between 25 - 35 years. Regarding the perception for their employment, private sector is actual and is preferred by 53.8% of the examiners in comparison to the 34.4% that have stated for public institutions that leads to a conclusion that private sector is stronger than public and proposes better future and safety. Public administration is more attractive only in non-administrative centers where we have 47.6% for the public sector while 44.8% for the private. Non-governmental sector is attractive for the examiners that earn from 200 - 500 euros for which have stated 19.4%, especially is indicative that this sector is preferred by female sex, i.e. 12.3% female examiners have stated for non-governmental sector in comparison to 8.5 % male. Regarding the question of employment in the public institutions, there emerge key factors that could influence and those are connections party membership, for which have stated 31.4%. Moreover, we have similar results 27% for the importance of professional experience and informal connections (family, friends...). Professional knowledge and experience, as a key factor for the development of one society is put on the second plan. Here primarily we have employed in the public institutions standpoints (33.8%), employed 31.5% and unemployed 35.6%. Encouraging element are students standpoints where we have 30.5% that believe that skills and capacities that they obtain and for which they spend effort and materials, would be key factor for their future employment. While only 18.9% think that political connections i.e. party membership contributes for their employment. Regarding their sex structure, female are focused on positive values, i.e. professional skills as a factor The public about the equal opportunity chance for employment, in comparison to male that consider the opposite. 33.8% of male stresses political connections and 24.5% for the professional capacities and experience. It is interesting to be noticed that examiners that are party members, 33.1% consider that professional skills and experience are important factor in employment and 29.2% consider that are political connections. Opposite think non-party members, i.e. they put the stress on the party membership. In this correlation is the question of political party trust, i.e. level of that dis/trust. Trust express only 2% of the questioned, while complete or big distrust have expressed 54.3%, while neutral are 33.3% of the examiners. Citizens have clearly expressed their standpoint for the membership in political parties. Even 45.1% of the questioned have said that their motive is their personal interest, 33.6% are members for building a political career, while only 10.3% motive see in their contribution for community development.
Sex, age, education, working place and monthly incomes as examiners markings have shown that do not have any strong impact on their answers. From the pointed out answers picture, answers of non-party members deviate a little bit, where 50.2% consider their membership for material benefits, while 30.8% say that their motive is building political career, while party members, 42.5% consider that activating in the parties is connected to building a career. Idealistic are examiners that are members in a political party and motive for their engaging is for the benefits to the social development (22.8%). Moreover, here we have the issue of the political party intention in recruiting new young members and unemployed in their parties. More then a half of the examiners regardless to their sex, ages,
116 Between the political convenience and equal opportunity The public about the equal opportunity chance education or place of living, over 60% consider that political party aim is to engage this group of citizens only for agitation and collecting voices, while only 26.9% of the examiners think that their aim is actively including young people in political life. However, examiners that are political party members have balanced standpoint considering the intention of engaging youngsters and unemployed by political parties. Political party impact on many spheres in economy and water supply activities, has obtain quite indicative answers. For example, 55.8% of the examiners think that political parties’ impact is strongest on the legislative system. Right after it, with 54.3% is security sector (army and police), here is also the economic sector with 52.8%. Sectors for health, agriculture, science, culture and educational system are also under political party influence. Examiners show worried tendencies of politicization of positions at public institutions (administrative councilors in the Parliament, PR councilors, directors of museums...) that have public interest for all citizens. Over 50% of the examiners consider this appearance normal and that political possession is important in establishment of the positions with public interest. Although, the fact that with the change of the administration with new political garniture that has come in power, do not agree more than a half (62.1%) of the examiners, it is good news. The same standpoint has political party members, non-members, also those who have voted on the elections. Considering the issue of discrimination based on political believes in the process of employment in the public institutions, even 76% of the examiners state that always or in most of the cases, discrimination exists. It is interesting that more stressed differences in standpoints for this issue do not depend on political party membership but political party members share the same standpoint that political party discrimination is present. Regarding examiners readiness to accept the risk of staying in the same political party, ready to lose their working place with the shift of the political garniture, only 27.9% are ready on this temptation. Most part of the examiners (37.7%) could not decide, and 33.9% could not accept this kind of risk of losing their working place. Larger readiness have shown those who are party members, 43% of them have answered with YES, while biggest resistance have shown students with 44.9%, i.e. this is not a risk group that could be changed from its working place. For the examiners there is no need for discussion of the influence of party membership on the promotion in the professional career in the public institutions. Even 77.5% of the examiners consider that professional career promotion is completely or largely conditioned by the political party that is in power, membership. The same view share political party members, those who are not members, those who have voted and those who do not voted on the last elections. Moreover, as additional question is the politicians influence in the process of employment or resignation, 41.9% consider that it exists, 32.9% have neutral standpoint, while 25.1% consider that they do not have that power. Among unemployed and student percentage regarding the politician influence is higher and it is 44.8% and 45.5%. Indefinite stand dominates among examiners whose incomes are from 200 - 500 euros, while among examiners with incomes from 500 - 1000 euros is the standpoint that politicians have no power to influence, their percentage is 38.5. For the most part of the examiners 93.6% mechanisms or means that protect employees from political pressures during the elections, are unknown. Only 12.2% that are political party members have said that they know about the protection mechanisms, the same percentage have the students, while only 6.7% of employees in the public sector know about the mechanisms. As a method of checking of the rightness of examiners answers, they were asked if in the last 10 years they have been discriminated based on their own political believe or if they know someone that was in a situation to be discriminated. Regarding the first issue, affirmatively answered 20.6%, and negatively 60.5%, i.e. they have never been in a position of political discrimination, while 18.9% are not defined. Of those employed in the public sector 25% stated that they have been politically
117 Between the political convenience and equal opportunity
discriminated while 26.9% same answer have given employees from other sectors. Regarding the se4cond question, affirmatively have answered 41.3% of the examiners, 40.7% employees in the public sector, 42.4% other employees and significant number of the students 47.1%. Regarding the alternatives for objectivity of the public sector in the process of employment, most part of the examiners 33.1%, have stated that reforms in the sector for public services are inevitable, while for providing the right there are 19.2% of the examiners. Moreover, for the strengthening of the role of unions / syndicate, gaining a status a candidate member in EU and strengthening citizens’ consciousness, percentages are one-numeral. On the next elections, 49.3% of the examiners would vote, 33.5% do not know, 15% would not vote. Most part of the political parties (81.9%) are going to vote, while examiners that are not members in the most part (41.2%) have stated that they do not know if they are going to vote. Employed have stated that they are going to vote, the same as a high percentage of the unemployed (42.3%). The public about the equal opportunity chance
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The media picture of the political party sustainablity
The media picture of the political party convenience Between the political convenience and equal opportunity Albania
From Enkel Demi
When Nora is send packing
Nora Malaj is spending this hot summer, following a trial against government as she was dismissed while she was directing the Committee for Gender Equality. Mrs. Malaj is well known in media and in civil society. She is one of the most engaged women in the capital, with a rich career in the past. She has been the director of the high school “Qemal Stafa” and at the same time she has been involved in the movements for gender equality. This woman insists to say that she is not a proponent of female movements but of the movements for gender equality. The Albanian parliament has approved a law about equality between men and women. This law is considered insufficient for most of the women engaged in the society and it should be amended, but the Committee for Gender Equality is based on this law and it depends on the Ministry of Labor and Social Affairs, only regarding the nomination of the official. Nora Malaj was not managing this committee for long. She decided to be involved in the political life by campaigning for the Socialist Movement for Integration. The woman we are talking about has been in the politics, and has competed for the Democratic Alliance. Her involvement in politics but especially campaigning for the colors of Meta party caused the grudge of the government leaders, which ordered her dismissal from the Committee without motivation. The Minister Engjell Bejtaj called her in the office and told her that she has worked very well, but should be dismissed because the boss orders so. By boss we mean the head of the government. In the request that they gave her it wasn’t mentioned even this logic, but it was simply, barely as in the red times, Malaj dismissed and instead of her another woman was nominated, who by some accident is the wife of the chief of the Intelligence Service. At that time there were a lot of journalists, who took interest on this strange dismissal considering the activity of this woman. She didn’t want to give press declarations, or political conferences, because she found reasonable that the role of victim in an electoral campaign does not increase the electoral position, and for more, she doesn’t like victimizing. So she filed a claim in the court and she is waiting to win the right to return to her post. Then, it is up to her to decide whether it is worthy to sit again in the chair she was dispatched. I made this long introduction to explain that despite the compliments we make to democratic development of the country, in particular to the tolerance of socialist power, this ordinary story shows that political rage of our officials can reach the extreme of power exercising. The most comical person of this episode is without doubt mister Bejtaj, who knew very well that he was harassing without reason, an officer, with whom he had been flattering himself for a long time. But the boss gives orders and you should have big ass to refuse him. So the best way is to call the “scapegoat “ in the office, tell her that she has worked very well, but it was time to leave the working place, because an intelligent person shouldn’t go into Meta’s umbrella. I am sure that the minister has offered her a coffee or has tried to have a worm conversation, and then is justified that no one can face the capricious boss, that he respects Meta and his Movement, he appreciates what Nora has done, but politics is a whore, and what you can do if in this profession the whores are a bit masculine. By being aware of the discussion regarding the limited presence of women in the Parliament, executive, or in administration the thunder of Government has touched Achilles Heel. So, in few words, none of the men on government cares about drivels of gender equality, the smoothing effect of ladies in this masculine furrow, or other stupidities. For the boss it doesn’t matter if you are a man or a woman the most important is to not be in the other side, that’s why he gives you the
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sack. The law is violated in this dismissal, because according to Election Code, during the election campaign the campaigners have immunity, so they can’t have ups and downs in their positions, because it violates the rules of the race. But the boss didn’t care about this issue and he has signed. May be he doesn’t even know he is on trial.
During the creation of the Socialist movement for Integration, the people who became part of it have suffered such measures, not only in important level of central administration but also in other levels of local government where the socialists governed. The separation from the mother party caused at this one a storm of little rages against dissipated boys and girls. This is an old occurrence in pluralist Albania since 1992. The democrats had just taken the power than and one of the main duties was the administration reform, which has been totally political and militant one. The government of that time approved a law which was known with the number 24/1. Based on this law many important officials were fired, but with them also technicians who did not have any important post. This happened because the party in rule decided to reward its supporters parallel with the reform. Due to an undefined power, the new administration which profited by the law 24/ 1, was fragile, sat the same time it was political, but with a different color. For e.g., the ministers employed the drivers, with whom they have nepotism relations, but who could make some doubtful jobs in doubtful manners. When the government changed in 1997, the administration was again in front of the reform storm, but this time with a pink color. The socialists who had complained while they were in opposition about being fired, thought that the best way to revenge was to move away drivers, cleaners, specialists, directors and to substitute them with their own people, who had served directly to this party or were relatives with the leaders of the state. In this atmosphere were returned in duty ex-officials of the old communist regime. There are a lot of cases when important advisers of government were officials of policy and secret service, who had had a successful career in the notorious structures of ex- Security. Now, after the elections of 3 July, all the administration is in panic. With or without status, the officers have quit work and have been concentrated in media to know which minister will be in their door. Many of them have prepared themselves spiritually The media picture of political party convenience The media picture of political party that they will be dismissed and then to be substituted from the ones they substituted long ago. In short, a real mess. This indicates the fact that despite the rich legislature that Albanian Parliament has approved to ensure an independent administration, which should not be influenced from the troubles of political life, this has little probability to happen. The presence of political power is so strong that the story of Nora Malaj that I mentioned at the beginning of this article does not amaze anyone; on the contrary it is more than common.
Uncertainty of one’s job position
Some days before, a director of an institution was telling me that one of her dependants had gone into her office and had told her that she was very worried that might be dismissed, now that the rightist will come in power. She had continued further by telling her problems in the house and the dependence and need that her family had for the wage and her position in state. Then she had started to cry. This is about a woman who is a simple specialist and do not have an important post. The panic of the poor woman was so big, that the director was forced to keep a long consoling speech about her values as a specialist, so no one would prejudice her and dismiss her. But, we know very well that no one is safe in public offices. This is the reason that many of the administration offices have refused the vacancies to stand as guards of the positions that they have hardly won. In this hot summer, all this army of officers keep an eye on the conversations about government creation, and tried to think positively. Bamir seems less severe than Genci, Besnik better than Jozefina, Nikolla is the most severe, and they drink coffee endlessly, by being the most active part of post elections gossips that have involved all the medias. The bearers of this uncertain news cyclone
124 The media picture of the political party convenience Between the political convenience and equal opportunity are totally convinced that they depend on political humor of the time and then from the humor of the boss. They know very well that there doesn’t exist a status to protect them, because even before people in there positions have lost their cases towards their boss rage. So, there are not few ex-policemen who have won the right to return to police after they had been excluded from the uniform by the order of a minister as Igli Toska. But no one of them who have won the case in the court, have returned to the police, as if the minister directs its own private ministry. That is why I am skeptic that even with a court decision Nora Malaj would find the courage to meet the minister of Labor and ask him in the same office from which she was removed for clear political motives. . .
Just another typical man in administration
Ymeri is an officer of Ministry of Tourism, and he swears while he has his morning coffee that he has no relations with socialist party. He has worked in that office only because they needed him for his abilities. After that he explains that he has been active in the December Movements and he has hated Enver Hoxha since he was a student. Ymer has been searching in his drawers for days to find documents, assessment of the former Democratic Party, photos which relate him to the Democratic Party. In this vacuum period, Ymer has had walks round the blue residency, coffee in the bars near by, treats people that he only greets, and he even congratulates or expects congratulations for the victory of the rights. In this period he is very committed to give ideas or to learn more about the tourism reforms and he is available to give his contribution for free in the field he has operated. He hasn’t participated yet in any advising table but he believes that people would listen to him because of the acquaintance he has created and the former ones. The mister we are talking about is sometimes in good humor and is forced to make jokes with others who do not care about him. The greeting with two fingers is now a habit for him and as many others of his rank, says that it is not time for vacations. . The responsible citizens should learn in what way and how well they will be governed so they should sacrifice the vacancies. . Ymeri is married and has two sons. His eldest son is a second year student in the university of political sciences in Italy. He works to pay for his studies but sometimes he asks for help. Whereas his smallest son studies in a public high school of the capital but he makes professional courses for foreign languages and computer sciences. He dreams to study abroad, so he has started applications on Internet for the American and Canadian universities. Ymer’s wife works in a municipality unit in Tirana and gets an ordinary state wage. So Ymer has the burden of the house and he is over fifty. This means that he has no time to lose his job position, which has given him a good social position, a good salary, per diems, and time after time a honorary for the service he makes. As I described him, Ymer, is the typical man of administration, honest somehow, good professional, excellent bureaucrat, perfect husband and father, a men without vices who quit smoking because it was expensive. In fact he doesn’t have any desire to be messed in politics and even less with the people who produce it. He is used to wait for hours in the secretary of a minister to sign a document, but he has never wanted to make them friends. He has simply done his job, and been on his own although the chiefs passed through the hall of the ministry may be dusted from the meetings of the campaign. But now he realizes that to remain in the same office, to enjoy the peace, and to not have troubles in the house, the man should stand on the side of the winners. He plays this role badly and seems like a marionette to me, but he is in trouble and cannot stand without doing anything. He should make friends to stabilize his job position. I have sympathy for Ymer but I am sure that he won’t make it. At least the way he has invented, will fair- weather him and even if he stands where he is, it will be only because they will need him.
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Dismissed from police Fatmir is 38 years old, married and has a daughter who will be 6 years old in two months time. He has named his daughter Isabel because he likes a book of Allende. Fatmir has once been a career police officer but after 1997 he was dismissed. Since then he has created a business which is totally insecure, and by which he keeps himself alive. His wife, Lela doesn’t work, she cares about the housework. Fatmir is a militant of Democratic Party and he likes Berisha in particular. When I meet with him and have a drink, he tells me that the doctor will govern the country with strong hands, and he will obliterate crime and corruption. He tells me that a great reform will start in police and the incriminated people will be handcuffed. In the same way the incapable and the corrupted will be sent away. He explains earnestly that now the work is easier, the police is more modern, but the doctor knew how to put order in 1992, when the country was in a mess, and he stopped the burglars who stole shoes and car glasses. In few words Miri is very optimistic. I can’t stay without prying and ask him whether this big reform will open job vacancies in the police force. He sneers and tells me that he deserves a commissariat, but he would also be grateful to do any other job. Regarding his wife he would like her to be a secretary in a public institution, from 8.00 to 15.00 and the weekend off. I am convinced that Fatmir hasn’t cared too much for his business, and he is anxious about the conversations of the new government and when will president Moisi call the doctor “to put the bell in his neck”. For sure Fatmir won’t go in the street to keep his poor business. He will wear the police uniform and will continue the career that someone interrupted him unjustifiably, someone should leave, so that Fatmir works again, and why not the same person that substituted him some years ago. .
Conclusion
The four stories I told in this article have one thing in common. The characters two of whom I have changed the names are totally dependent on the political pomp. Their stories demonstrate that the The media picture of political party convenience The media picture of political party administration gets the oxygen only if this pomp is generous otherwise you find yourself in the street. There is no need for contracts or status. Everything is violated if you do not follow boss’ ideas. The three cases are about people with integrity and with different stories; the three are victims or heroes of the political caprice. By observing these stories, I am glad that I have chosen a profession, in which the pressure of the people in power is not felt so much, but another pressure, the boss one, is at the same level as the boss order for Nora Malaj. So, if I would talk about this I had to write lengthy for the reasons why the journalists goes from one editorial office to another, as fleas in search of food. The anxiety of administration in this period is totally right and I understand it very well. They are ladies and gentlemen who want to keep their families with their job, to solve their ordinary problems, as well as to make a professional career. There are many among them who like the job they do in the offices and dedicate it all their potential intelligence. There are others who steal in the mid of the day, but this is not the reason why the changes should punish the guilty and the innocent. So, the new right government can change the behavior and give trust to some people that do not know anything about politics, but know very well their job. Berisha has promised to do this and I want to trust him on this issue. The tranquility of administration is an evident level of democracy and it demonstrates high level. The interpretation of a governmental portfolio, just by the political post would send away the black clouds upon the office bureaucrats. Whereas the avoidance of arrogance, can give to this country a high inspiration of citizenship, which can be spread as an epidemic to the capillaries of our society tired of time and bored by people.
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Political rotation - The guillotine strangling the administration
By Vladimir Thano Radio Tirana
Whereas the Albanians are waiting for the certification of July 3rd official election results on the winners and losers, all the public administration is threatened by the parallel movements that may occur in the institutions; being this a very common practice for the Albanian reality.
The democrats, who have not had the opportunity “to enjoy” this power since 1997, coming into power will render this threatening towards the administration more evident. Someone might be afraid that his job position will be cut, or another exponent from the clan of the new government will replace him.
According to an investigation, it results that most of the candidates for deputies that are actually offered posts in the new government, have promised job positions to their electoral staff that have helped during the electoral campaign. A former head teacher of a primary school drew the attention during this electoral campaign by exposing a poster of the Director of the Educational Directory of Tirana district in her car window; it was quite evident that her professional career was dependent on the successful election of the latter. I am underlining this fact since the very beginning of this article to make evident that the trafficking of the vote for a post during the election time is also a moment for the future career in Albania. If we take into account that there were 3900 candidates running in these elections, the promises made to the electoral staff could have been endless?
Let us return to the actual administration: besides the results of the elections and the endless promises by the candidates for deputies there exists such a psychological pressure on the actual public administration that a considerable part of it has refused to take the planned summer holidays despite the terrible summer heat, postponing them for later, at least until the political situation settles down.
At the moment the Albanian state and government lead by the Socialists is composed of 24 ministries, whereas the Democratic Party has declared that the new cabinet will be composed of 14 ministries, by significantly reducing the number of the enlarged number of Prime Ministry. Whereas the democrats have promised reforms on the structures of the governing cabinet, the cutting of civil administration encounters problems such as the infringement of the Civil Servant Status, as the dismissal of each of them should be in compliance with the law. The law also provides that a dismissed civil servant can deposit his complaints to the Civil Service Commission if he or she comes across infringement of law or discrimination at work. It is this Commission composed of five members that operates in different institutional fields and deals with the problems the civil servants encounter in the public administration.
EU: Take care of Administration
Since the early years of the changing era (i.e. the beginning of the 90-s), the Delegation of the European Commission has raised its concern about an efficient civil service and its functioning in line with the standards, via a report entitled “ Albania, a European Future “ This document defines the civil service as the real challenge the Albanian society is facing in the process of integration into the European Union.
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The political threatening towards the public administration is quite evident even today when it is a decade and a half since the time Albania divorced form the central administrative system.
The document highlights that the involvement of politicised people in administration should be reduced as much as possible and the further deepening of reforms in the public sector to provide a permanent and efficient public administration, should be of significant importance, as the administration needs appropriate structures and career perspectives.
Within this framework the Albanian government has put forward her programme on public sector reforms at the Donors’ Conference in 1997 organized by the European Union especially for our country. It was organised juts after the collapse of the pyramid schemes in Albania and the consequences this phenomenon brought by causing as serious damage to the state institutions including without any doubt the public administration and the civil servants.
During this unsuccessful year in the domain of public administration for the Albanians, the Institute for Reforms in Civil Administration was founded, aiming at carrying out the programmed reforms. Its main objectives in the domain of public sector reforms are centred in three fields which could be assessed as successful in guaranteeing an efficient and professional administrations owing to the ratification of a law by the Albanian Parliament on November 11th 1999 on the “ Status of the Civil Servant”. This law dismisses forever the model: a party member - a secure job position in the administration. If the first field of action was the General Reform in Civil Administration, the second one was Administering of Public Funds and the third one that of External Control to found the Institution of High Control.
It seems that these objectives (also put forward by respective structures of European Union) aim at enhancing professionalism in the public service and the establishment of a decent system of financial controlling and administration. Public Administration Department (PAD), which is the The media picture of political party convenience The media picture of political party coordinating unit of Albanian Institute for Reforms in Public Administration (AIRPA) is qualified enough to carry out the new directing functions.
Within this framework, a concrete result of this activity is the founding of the Civil Service Commission, ratified by the Albanian parliament in 1999. This Commission is the central institution of controlling and appealing to protect the professionalism and the democratic standards in the civil service. The law assigns this institution with the duty of supervising all the recruitment procedures, promotions, dismissals and above all the rigorous observation of Civil Servant Law.
The administration problem or the so-called bureaucracy, to borrow the weberian term for this administration-type, is one of the most fundamental problems in every state, even in modern times. The analyst Henri Cili who refers to two points of view observes that if we have a permanent or super-permanent administration, the state has the tendency of entering a stagnated situation, but on the other side if there is a continuous and cyclic replacement of administration the administrative memory and experience will become extinct, because the ones who leave take with themselves all the acquired experience. This is why the solution to this problem is linked to the concept of separating the so-called civil administration from the political administration. In other words the immoveable part of the administration recruited on non-political, but on professional requirements, continuous to work independently of the political directors and the political part that are dependent on the political rotations occurring from time to time. In this way the percentage of the rotating part will be around 2%, whereas the percentage of the moveable part will be around
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98%. The principle of meritocracy should be the corners stone or the central principle in building the structures of administration.
Professor Njazi Jaho who is a legal advisor and board member at Albanian Helsinki Committee argues that in the past the civil administration was legally vulnerable and not protected by a legal status that would have regulated work relations in the civil administration. He goes on to point out that this is why the 24/1 law that dismissed the civil servants who had loyally served the communist administration was applied, even though it degenerated by being identified as a discriminative law, which affected the members of the opposition party, the socialist party at this time (1992-1997) and other qualified civil servants.
I am convinced that with the ratification of Civil Servant Status in 1999, the civil servants’ rights and obligations have been regulated and the Civil Servant Status, the Code of Administrative Procedures, the Code of Work and other organs endorsed by law, guarantees the right of complaint about unfair decisions. I also wanted to highlight that despite the whole existing legal framework there exist other indirect manners to dismiss the civil servants from work.
Two Models of Administration
The first model is related to the much-speculated moment known as Article 24/1 of 1991. A qualitative or conceptual distinction is observed among the changes and the replacements in the Albanian administration among the years ’92, ’93, ’94, ’95, and ’97. As a matter of fact Article 24/ 1 is a fair Article, as the selection of people from only the communist administration was unfair; only a few can accept that during the communist period civil servants were employed on meritocracy bases. As a result of this inherited administration, a new pluralist administration which was also referring to the political criteria was established.. Many institutions of this period such as the Army, the Home Affairs, the Foreign Ministry, the Judiciary and some others respected the principle of being a militant of the party in power. Meanwhile if someone analyses the recruiting process, i.e. of employing after the clearing process of old administration was accomplished by the Albanian party in power in 1992, it results that there have been unfair dismissals, as they played with the term pluralism and with the transitional situation to support the policy of employing Democratic Party Militants in powerful institutions such as NIS: National Informative System (the Albanian Intelligentsia Organ), the State policy or the judiciary where may prosecutors appointed during the communist period were dismissed depriving them of any qualifying opportunities.
Based on the new democratic system installed in our country, but giving jurist diplomas to a number of people who had only attended a 6-month course and by providing facilities to replace many of the dismissed persons with Democratic Party militants, constitute the most flagrant infringements of recruiting civil servants for the public administration of our country.
If we go forward in time, a short analysis of the developments after 1997 shows that there exist fewer arguments for replacement as the clearing of administration was accomplished during the first 5 years. Even though it is very difficult to say that the meritocracy was being properly assessed, as competition was not practised in selecting the civil servants in public administration. However it is worth mentioning that the 97-98 administrations, especially this of the recent years, despite the problematic it represents, can be considered as more qualitative than the 90-s administration. This is due to the influence of the International Factor, which has played a very considerable contribution in the training and specialization of civil servants in their respective fields work.
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Meanwhile the nowadays administration is encountering other problems such as the problematic way it is built; it is an administration where clienteles and new political and personal forms are being observed.
Interviews with civil servants who have been unfairly dismissed form the Civil Administration.
First interview-with Ilir Hoxha
Mr. Hoxha, tell us are you in a working relationship at the moment? Yes, for the State.
What is the name of the institution in which you work? National Informative Service.
I know that you are back on work. Can you tell me something about the dismissal and the returning to work?
Yes I graduated in 1991 from the Academy of Public Order, the only Institution that prepares the strength by also grading the students, which means that there is a simple difference from the other employees in the policy sector. At this time the Academy of Public Order had two branches: one was to graduate for the State Policy and the other one(which I was attending) for the State Security, that was changed to National Informative Service during the democratisation process. To cut it short, I graduated in 1999 with a mark average of 9 and was appointed Inspector of National Information Service in the city of Tepelena, as my first job. By the end of 1992(The democratic party was in power in that time) after I had successfully worked for a year I was summoned to Tirana and was The media picture of political party convenience The media picture of political party communicated my dismissal based on the 24/1 law as I came from a communist background; My family had been a communist one in the past, my father had been working for Albanian Telegraphic Agency and was member of the Albanian Diplomatic Corps accredited in Austria. At least this was the motivation that was given to me in this time. Today I am still working for the Albanian Informative Service selected in line with all the procedures of 1997, where I have accomplished very important assignments within the ministry.
Second interview-with Sashenka Nastasi
Where are you working at the moment? In the city of Durrës.
What is your profession? I have been a Russian teacher but now I have retired.
Which is your experience as a teacher in the educational system of this city ?
As a matter of fact I graduated from University of Tirana, Faculty of Foreign Languages, branch Russian, which was a language of high importance at this time because of the system and the relationships established with the communist block; as such it was taught since the primary and secondary education in the Albania of that time. I was the head teacher of the primary school
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“Kushtrimi i Lirise” in Durresi during the democratic transformations until I was summoned to the Educational Directory of Durresi in 1993 to be communicated my dismissal from this function, in compliance with the reform of 24/1 law, which is very notorious in Albania for dismissing many professional from their jobs; I was given the motivation “ a member of the Albanian Labour Party” and “a participant in Woman Forums” of that time. After the communication of this motivation I was sent to work as a simple teacher in a village of this city. This method used at this time reminds me of the persecution of people who had an educational professional background or specialists who were necessary for the most of the central state institutions, because of their political beliefs.
Third interview-with Evis Xhaxho
Are you working? Yes, for the State.
Which Institution? Ministry of Justice.
I know that you are back in your job. Can you tell me something about your dismissal and returning to your job?
Yes, I passed the testing procedures for a post in the Ministry of Justice since October 2004 and I am working as a specialist at the directory of organising and training of courts. I had won more points than the other candidates after having passed the testing phases of the competition, but I also had to undergo the interviewing phase that was conducted by the director who was to chose between me and the other candidate following me in line who had won less points than me. The director, who the Civil Code entitles with the right of choosing, openly expressed his view that I was positioned in no party structures at all, and the other candidate was the daughter of a political civil servant of the political force in power (The socialist Party) and very unfairly decided to select the other candidate.
Meanwhile I appealed to the National Service Commission against his decision; as such the Public Administration Department did not declare the winner of this vacant job position. Owing to the facts I had collected I managed to verify that the function her father and her engagement in the forums of the political force in power were the decisive factors to select her as a successful candidate, and the meritocracy principle according to which the director chooses the 2 persons who have won more pints was not applied and substantiated. This principle was annulled and toady I am working as a specialist at this directory.
Can you tell me the name and the position of the other candidate?
No. I really can’t as in Albania the job position is not guaranteed and I am also afraid of her revenge, as she is a civil servant of the party in power.
Interview with the Minister of Integration Ermelinda Meksi before the July 3rd Parliamentary Elections.
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Taking into account the desire and the meeting of standards to integrate into the European Union, which is the requirement Albania has met or has to meet to have a non-discriminating efficient public administration?
It is of high importance the fact that there are reforms undertaken in the public administration, especially the ones which guarantees the stability of this public administration and the way how we recruit the civil servant in the administration via open and fair competitions and via the National Service Commission and the right of appealing entitled to the civil servant if he/she is not treated in compliance with the law. These undertaken measures establish very important premises for the public administration to be permanent and the investment on it to provide a guarantee for the integration of reforms, as it is very important to enhance the institutional capacities and the investments on public administration.
A considerable part of CARDS programme invests millions of Euros on public administration training, this is why I wanted to highlight that all the Albanians are aware of the integration challenges. It is in the hands of these administration where the development of the country and the enhancement of the administrative capacities which do not meet the European Union standards, lie.
So a question arises: Shall we change the administration as many times as the governments are changed and each time we are running new elections?
What I declared above guarantees that things as such should not be repeated again. I am sure that there will be no recurrence of such negative phenomena.
Fourth interview - with the Minister of Justice, Fatmir Xhafa
The media picture of political party convenience The media picture of political party During the governing of Democratic Party, you were part of the public administration dismissed in compliance with law 24/1. What steps have been undertaken not to repeat the phenomena of political discrimination against the civil servants in the public administration, taking into account the Civil Servant Status and the Albanian goal to become a European Union Member.
The fundamental change lies in the fact that today we have build an administration in line with the standards and we are part of a reform compiled with our international partners who are using their best certified expertise appropriate to our conditions. Secondly the special law of Civil Servant Status, which offers a number of very important guarantees for the civil servants in general and for those who have won the status of the civil servant in general, formalizes the administration. Quite different from the inherited negative experience, this law provides administrative and legal guarantees which do not only guarantee the job position but which also guarantee against any discrimination attempt or unfair dismissal for political motives of all the civil servants that have won the status.
I really assess the process of reforms undertaken to establish a consolidated administration and I am sure that there will be no recurrence of the old history of negative experience observed during the transitional period in our country. The process of reforms has established a very efficient and professional public administration, which offers a very efficient and cultural service to the citizen, the business, and the taxpayers in general who provide for the budget of the public administration.
The Civil Service Law has been a good achievement, but its effective implementation remains a challenge, mainly with regard to the fair and professional selection procedures, transparent and
132 The media picture of the political party convenience Between the political convenience and equal opportunity competitive examinations and interviews, which have rarely been respected and carried out. The criteria for hiring are still nepotism, clienteles, bribery and political militants rather than meritocracy or career development. These criteria play the determining role not only in hiring but also in the promotion of civil servant especially to key posts. Political affiliation and clientelistic reliability of the candidates are criteria for employment, even at the cost of failing to appoint people who are better professionally equipped.
The fair selection procedure is a problematic issue not only in the central public administration, but also at other levels of administration. This problem was also highlighted in the second EC report. The improvement and the implementation of clear guidelines for the recruitment, transfer and dismissal of all civil servants, as well as for their long-term appointments, are defined as short-term priorities in the European Partnership with Albania.
Today after 15 years of democracy, a range of institutional reforms and many electoral tests like this of July 3rd elections, the Albanian administration should have been permanent and clear of nepotism and political discrimination. The challenge Albania is facing to build a permanent and efficient public administration is one of the standards Albania has to meet to successfully navigate in the route towards European Union Integration. Kosova
1. Interview with public sector employee M.G.
What were the criteria for your employment? M.G: In the job position I am currently working the main criteria to be hired was professionalism.
Were there any other applicants for the job? M.G: Yes there were other applicants for the job, 4 or 5.
Why do you think you were chosen for the job? M.G: I believe I was chosen because I fulfill all criteria foreseen with the announcement, including professionalism.
Do you know of anyone who has been employed with some order from political party? M.G: I personally don’t know of anyone who has been employed in such way. Everything can happen but I don’t know anything in this regard.
Is it true that in order to be employed one has to be member of political party or have connections? M.G: No, I don’t think that one has to be member of some political party to get hired. This was not the case with me when I was got the job.
2. Interview with the Director of the Regional Employment Center-Pristhina, Z.O. What do you think about political discrimination in employment? Z.O: I think that it is the most discriminating form towards citizens who fulfill required criteria for employment. I don’t believe that there is discrimination in employment in Kosovo. But of course the Kosovo Governmnet has selected the staff from their party, but I am not very convinced that there can be discrimination particularly not in institutions where I am a part of.
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Is it true that most of the people employed in public institutions are members of ruling political parties? Z.O: I don’t know what to say. But I believe that these people cannot stay there very long. The Ministry of Labor and Social Welfare has been the last to affirm employment based on political party affiliation. However, we cannot exclude the possibility for such cases, though am not aware of it.
How much do you think are true citizens complaints that they are being discriminated in employment? Z.O: I cannot say anything regarding this issue because I haven’t met anyone who has declared this. The only thing I can say is that all I know of political discrimination in employment are based on what is served to us on media. I believe that these cases should be supported by facts and arguments that there is discrimination in employment.
Do you think that the principle of equal opportunities and professionalism or political party membership are respected more in employment? Z.O: I think so, but I would never be part of such institutions. If there are cases where the principle of equal opportunities is not respected and the professionalism criteria is neglected, I think that those responsible should be punished.
Do you agree that during employment political party members are prioritized?
Z.O: there is a chance that such things can happen. I believe and I uphold the idea that the criteria of professionalism should be decisive to ensure a job.
3. Interview with Sh.V. chief of the Parliamentary Group of an opposition party in the Municipal Council of Prishtina
What do you think about discrimination in general? The media picture of political party convenience The media picture of political party Personally as employee in public institutions and citizen I believe that there is discrimination in different field of life here in Kosovo. Discrimination is mainly done on political party affiliation and citizens are not equal in opportunities as their professionalism is not taken into consideration in most cases.
Do you think discrimination exists in employment? Sh.V: I believe there is a huge discrimination in employment. There are many concrete cases particularly in the current government. There are cases when better applicants than those currently in ruling positions have failed to be selected. I really don’t won’t to speculate from which party were these applicants but in most cases these people have been members or affiliated with the ruling political party. Citizens are being discriminated in different forms and also with their dignity. The professionalism criteria is not taken into consideration, though it is well known that these people could be better leaders. If the professionalism criteria was respected by everyone, we would definitely have a different situation.
Is it true that political parties have influence in employment and if yes how much do you think it is expressed? Sh.V: Yes, I think there is political party influence in employment and it is very high. Most employees have been labeled directly by political party. This is argument with the fact that in all directories of MC Prishtina with the exclusion of one case, all other employees are partisans of the Kosovo Democratic League. This influence of the ruling political party goes on when it comes to other positions such as head of department. This is now a phenomenon with disturbing dimensions.
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Has the party you are member of employed its members in public institutions? Did they have facilitation in employment? Sh.V: I would like to be as objective as possible and admit that my political party when in ruling has employed its partisans in public institutions. But I can say with full responsibility that we are very transparent and there is no such case when some member of the opposite political party has been fired. But now the current ruling party does the opposite. There are concrete cases when people are fired from their jobs and it is clear that everything is done based on political party affiliation. I cannot deny the fact that there have been conditions to employ our partisans in some ministries when we were part of the coalition. But at local level we haven’t been challenged yet as we haven’t had the chance to rule. PDK hasn’t led with any directory in the Municipality of Prishtina for two mandates now so this remains to be seen in the future.
How much you think are true citizens’ complaints about discrimination in employment? Sh.V: Citizens’ complaints regarding discrimination are true. But of course there are exceptions. It is unfortunately that the Committee of Complaints in MC Pristhina does not have access in this regard. Complaints are “usurped” by respective directories and they just stay there. The president of the commission is member of PDK and he has reported to the parliamentary group of PDK that he is handicapped and by now has had access only in one (trade) complaint. We as a parliamentary group don’t know where these complaints end up.
Do you think that the principle of equal opportunities and professionalism or on the other hand being a member of political party is respected in employment? Sh.V: Equal opportunities in employment and professionalism are two elements that are less respected. In order to get employed unfortunately you have to be member of some political party, respectively of the ruling one. If we were aware enough and the professionalism criteria was respected political parties would not have lost anything. On the contrary they would have certain benefits as professional promotions would affect the increase in the efficiency and success in all fields.
4. Interview with N.S., person discriminated in employment
How many times have you applied for a job? N.S: I have applied for more then 15 times, mainly in public institutions. But I have never been accepted as everything in Kosovo is done through family and political bases. Unfortunately I have never had such connections and so I am still unemployed.
According to you for what reason you were not accepted? N.S: The reasons are very clear. I didn’t have any family or political connections, and it is generally known that if you don’t have connections you cannot be employed. Since so, I still wander around to find some justice by the institutions where unfortunately is the highest level of injustice.
If you were member of some political party or you had connections with some politician do you think that this would give you a better chance for employment? N.S: I don’t even question this. This has been proved by all governments. If you have connections everything is possible, you can even get paid without doing anything.
What do you think about employment opportunities in public institutions?
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N.S: Possibilities are minimal, if you exclude close family connections. I don’t think that he professionalism criteria is a factor that can give you a job. Experience and qualifications mean nothing if you don’t have connections.
Is there anything you can add in this regard? N.S: I have nothing else to add because everything is “served” in front of our eyes, and the other thing is that no one wants to see the reality. Someone has to say STOP to discrimination because this is driving us crazy.
5. Interview with A.B. (Ministry of Labor and Social Welfare)
What do you think about political discrimination in employment? A.B: I will refer only to employment done in the Ministry of Labor and Social Welfare. In the MLSW work 1600 employees and almost all of them have been employed before the Government of Kosovo was established, as they have worked in Departments that have been founded far before the Ministry. I can say with all responsibility that there is no political discrimination in the Ministry of Labor and Social Welfare.
Is it true that political parties partisans mostly get employed in public institutions? A.B: Employees (civil servants) at the ministry even after the ministry was founded 9currenlty led by AAK) have continued their work regardless of which political party they belong to. The heads of departments are still the same people as before and also the rest of the staff is almost the same, because they have proved their professionalism at work.
Do you think that in employments the equal possibilities principle and professionalism or being a member of political party are mostly respected? A.B: I can say with full responsibility that for new employments done after the ministry was The media picture of political party convenience The media picture of political party founded provisions for civil servants have been maximally respected, and they have been done based on the requests of the announcement. This doesn’t apply for the political staff, that works in the cabinet of the minister and who are members of AAK, however their mandate depends on the mandate of the minister.
6. Interview with S.K., employed in the public sector
What were the criteria required in employment? S.K: The criteria applied when I was employed were as follows: I have been returned to my job position after an agreement reached between municipal governing structures, UNMIK and KFOR and after that an announcement for job position has been published. The Municipality has formed a formal commission to check basic criteria for employment, and I reached the maximal points. Even back than I was unsatisfied with the selection done as the commission was formal and only simple questions were posed, without any discussion that would take into the surface the vision of the applicants.
Were there any other applicants? S.K: There were other applicants but they didn’t reach the number of points that was needed to get employed. This way is wrong. Applicants should have the questions and discuss on certain issues and “see” the vision of each candidate to determine which one is mostly beneficial for that job position. Most announcements in the public sector and public enterprises are simply formal as
136 The media picture of the political party convenience Between the political convenience and equal opportunity employments are done with family, clan and political connections that really toughen the reality. As for instance, the ministries select their secretary from their members.
Why do you think you were selected? S.K: I was the candidate with maximal points. I believe this is the reason why I was hired.
Do you know anyone that has been employed with order from the ruling political party? S.K: I can’t remember right now but I am sure that there are such cases. The fact that more than 80% of the directors in the Municipal Assembly in Prishtina are from the same party is enough proof. Also the professionalism criteria hasn’t been respected. That’s why the opposition has posed complaints in the Assembly with regard to the selection of the directors.
Do you think that it is true that in order to get employed one has to be member of political party or have connections?
S.K: Life is proving this. To be member of some political party and have close family connections is more than necessary to have access to job positions.
How true do you think citizens complaints on discrimination on employment are? S.K: Citizens’ complaints on discrimination can be proved with material proves when they make concrete complaints. The Law foresees the possibility of citizens’ complaints in cases of discrimination on employment or any other form of discrimiation. Unfortunately citizens don’t complaint on the right address, but after the announcement ends they make prejudices ad say that they have experienced injustice. In the announcemenet published by the Housing Enterprise for interns, one of the requirements was that the applicants should be up to 35 years old, which is discriminating as the law doesn’t foresee age limits in this regard.
Do you think that equal opportunities and professionalism or political party membership are being respected in employment? S.K: It is sometimes true that employments are not done based on skills, professionalism and vision possessed by the candidate. Candidates are very often selected before the announcement is published usually based on close family of political connections.
7. Interview with E.B., Senior Manager, Finish Program on Human Rights in Kosovo
What do you think about discrimination in general?
E.B: Discrimination is a continous battle on equity. Discrimination occurs in so many forms that we can suppose that everyone has sometime been discriminated. Therefore, awareness rising on this matter is essential in order to face it effectively. Traditionally, the international system on the protection of human rights and similar legal mechanisms are dominated by the idea of ensuring individuals by state interventions. Thus, main perpetrators of discrimination (both positive and negative) have always been the state, whilst discrimination between individuals has still remained unresolved.
Do you think there is discrimination in employment in Kosovo? E.B: There is no legal discrimination in Kosovo … all things are regulated significabtly on paper, there are advanced laws in conformity with regional standards based on international instruments, but in the practical level things are a bit different, for instance there is an Antidiscrimination Law, but it still remains only a document without implementing mechanisms. Institutional discrimination
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is refered to laws, policies and costumes systematically resulting with inequality and discrimination in the society, organizations and institutions. The government, in addition to effective realization of human rights guaranteed through adequate legal, administrative, judicial and factic means, a major role in combating legal discrimination is and should be played also by the civil society (NGOs). Media also plays a decisive role on this issue. Unfortunaley lots of radio and tv programs in the whole world make propaganda on discrimination and racial and ethnic hater. Lets not forget hear the relevant role of the Internet that quickly distributes information and opinions.
How much truth do you think there is in citizens’ complaints that they have been discriminated in employment? E.B: The fact that discrimination is the most frequent form of human rights violation shows that there is a lot of work to be done in this field. In Kosovo, the implementation of international human rights instruments is responsibility of Kosovo institutions, therefore discrimination elements should be ratified and implemented by the Government. However an effective implementation of international standards canbe guaranted only if there are effective monitoring systems and strong implementing mechanisms. In case there is discrimination in employment in Kosovo, citizens’ complaints should be proved by respective institutions. The media picture of political party convenience The media picture of political party
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Elections - A Political and Administrative Rotation
By Mentor KIKIA, Vice Editor Chief / Top Channel
Bashkim is an electronic engineer living in Canada. After 6 years he decided to return to Albania and thought of applying for a job to the Airport Partners consortium, which has taken by concession the international airport of Tirana. He has a very rich resume and the society might accept him. A friend of his had advised the engineer to postpone the job application, at least until autumn, after the general parliamentary elections of July 3rd were over. Bashkim withdrew the application; however he did not understand the connection between the elections and his new job in a foreign company. In fact, I also think it isn’t related, but the friend advising Bashkim to wait, had once worked in a private company whose director was newly appointed when the power shifted over to socialists in 1997, and the new director had removed him from the position because of his political aspirations.
This is an extreme example of relations between an employee and the government in Albania, because the real drama is played at the expense of those within the state administration. The political rotations in Albania are accompanied by a huge employee discharge, up to the lowest ranks of hierarchy. High-ranking officials, office managers, teachers, medical doctors, policemen and chauffeurs are being laid off while the parties do get ready to exchange tables.
1. This is the cause why election campaigns in Albania are so tough. Huge crowds accompany political party leaders in rallies. Many of them are fanatical sympathizers that get satisfied only to see their party preserve power or attain it. A lot of other people work intensively for the campaign as they are promised a job after the elections. This is why the administration is amorphous and changes every time the power does. People in Albania do not take into consideration the economic program of the party they’re voting for. The interests of thousands are connected to the Socialist Party in power. They may not have direct privileges by this, but they have the advantage to work somewhere, something that may be lost if the Democratic Party comes to power. This is the reason why they and their families are keen to support the Socialist Party during elections. On the other hand, many people that are jobless for the time being tend to support the opposition hoping tomorrow they’ll work somewhere. At this viewpoint, an elections campaign in Albania is not seen as pure competition between the parties or political coalitions. More than that, it is a contest between two levels of society that do not see the parties as political groups that will bring the change in their lives, but solely as life support sources.
2. Why is the change of power associated with drastic changes within the state administration? This is a question that will be answered gradually during the course of this article. First we must ask and answer to another question. How is selection of employees been done in Albania and what are the criteria they should satisfy? In the last years, the state administration has been improved considerably. The government has invited many skillful people to work for the state, people who had migrated earlier after they were discharged and left without a job. Also, many young people, educated in the most prestigious Universities around the world and who had refused to return to Albania, were offered to work within the administration. Despite of that, they are a minority to help improve the image of the Albanian state administration. The common opinion is that a good part of those actually working for the state, are directly or indirectly, related to the politics. If we were to analyze them one by one, it will result that some director, Member of Parliament or a Minister to get hired, had assisted them.
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Formally every institution advertises when needing to hire somebody, however it happens rarely that the best applicant wins the competition. In a local office of Tirana City Hall, the chairman had advertised to hire a clerk in the civil state department, a relatively low rank for a state employee. Many people completed the documentation and entered the test. It turned out that a woman, without the necessary educational background, was chosen for the position. A journalist asked the chairman of the local office of the City Hall regarding the decision, and in confidentiality he replied that a Member of Parliament had asked this favor to him. A traffic control policeman was subject of a scandal broadcasted on television after he was caught on tape taking money from the car owners whom he threatened to block their cars if they didn’t bribe him. The director of Police Department suspended him from duty but did not dismiss him. To the journalist interested in the matter it was told that a high-ranking official intervene to have him continue his job. There are a lot of examples, but I brought only two of them related to low ranking employees of the state administration. The situation is more different at the top of the pyramid. Appointment of an important department director is a hard duty for the Prime Minister and Ministers. Firstly he should be at all costs a trustworthy political person. Secondly he should satisfy all the political clans within the ruling party. Two years ago, the Socialist Party, appointed some new directors at Customs, Taxation Office, Power Supply Corporation, Water Supply Company, and Education etc. The official media advertised them as technical people and very skillful professionals. Their resumes are really good. But now it resulted that they were political appointments because all of these managers are running for the Socialist Party in the coming elections. In city Halls, the majority of employees belong to the same Party as their Mayors. It is hard to believe that in a City Hall where the Mayor belongs to the Democratic Party, you could find a socialist director, or vice versa. Following the same procedure there are a lot of other department directors appointed such as the Principal of an Elementary School, or even the Directress of a Kindergarten. The media picture of political party convenience The media picture of political party In a few words, the majority of people employed within the administration are appointed there because of their party pertinence or because of their high-ranking connections. There is another category of people employed in the state sector. These are the political fanatics and the “activists” of electoral campaigns. I know a woman who continues to work within the administration even though she is totally incapable. During election campaigns, along with her husband she writes the slogans of her party candidates into walls. No one will accept to do this for free. Somebody will get paid in cash, but many others do this in exchange of a job position. There are a lot of them doing this now for the Democratic Party. They organize people to come out in rallies, take care of the decorations and many other things. They are not employed at the party yet, but if the party wins the elections they will demand a job for sure. Many of them will become policemen. Amidst this dark picture, I do not want to be mistaken that the administrative employees are entirely incapable. Many of them are truly skillful. The problem is they get compromised politically to obtain the job. The staff of a director that runs for Member of Parliament should go to his rallies, otherwise they feel at risk. If we were to summarize the above mentioned, we would say that in Albania the administration in not yet disengaged from political influence. Many employees are appointed based on their political preferences and are also discharged on the same basis. Lately this myth has started to fall down, even though cases are not massively experienced. At this point I think we must stress out the establishment of the administration by Tirana Mayor, Edi Rama. Being proposed to run for the office by the
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Socialist Party, but well known for not being very loyal of the politics, he removed the political pertinence from the applicants resume. He disintegrated almost entirely the administration inherited by the former democrat Mayor and established a non-socialist one.
3. In reference to job acceptance practices, we affirm that with the rotation of power no one has any more assurances of their job position. We are not talking about the closest staff of the Prime Minister or Ministers, but for those working in technical departments not related at all with politics. The most affected sector in those officially called reforms is the police. If democrats will rule the government, the first move will be the dismissal of all police directors, both in the Ministry of Public Order and districts. This will be accompanied by the dismissal of all heads of local police stations. We are confident about this, because such changes have taken place even within the same government when the Ministers have been replaced. Every Minister of Public Order has dismissed the entire important staff of his predecessor. This is what the Ministers would call reform. The earthquake will follow to the other departments as well. We do not have any present argument to believe that a head of the department could continue working alongside a democratic Minister. All of them working in these institutions are considered to be socialists and they will be replaced by democrats. This is exactly what the socialists did when they took over 8 years ago. I have been told a story about a teacher with leftist political conviction, who was appointed as the school principal in a village, where a socialist runner won the elections for the local government office. If in the next round of elections a democrat will run the communal office, she will be forced out of duty. Along with party fanatics, who have attained job positions unjustly, the dismissal wave will reach also to skillful specialists. New governments are facing pressure from people who have supported parties in their struggle to attain power. They demand a placement and on the way to provide them with one, certain skillful employees should be sacrificed. This is an unwritten law in Albania. The consequences are that a lot of knowledgeable people are thrown out in the streets or forced to migrate working inappropriate jobs out of Albania. On the other hand, a present employee with rightist convictions can’t possibly attend opposition rallies, because the very next day he could suffer the loss of his job. The spouse of former Secret Service chairman was discharged illegitimately from the position of a department directress in the Ministry of Education just because her husband was involved in a direct conflict with the government and became part of a political opposition group. It is not odd to say that the shift of power relays also to the replacement of the doorman at any Ministry or institution.
4. Working within the state administration means always having an uncertain job. This is not only related to the shift of political power, but also to the changes of the high-ranking officials within the institutions. The socialist government during the last 8 years has experienced changes of Prime Ministers and Ministers. Even though the changes were made within the same political grouping they were associated with dismissals of so many people. However, during this time period there have been serious efforts made to guarantee the continuity of administration and assuredness of the job position, excluding the cases foreseen by the law. To serve the purpose, for the first time in 2000 there was a law entered into force establishing the civil servant status. Currently, all over the country we count 110 thousand employees paid by the state. There are about 7-8 thousand employees who enjoy the civil servant status. According to the law, employees are classified in four different levels: upper level, middle level, lower level and civil servants of the existing level. The upper level includes the Secretary General, Department Directors, Head Directors of General Directorate and relevant equal level positions in the local power offices. The middle level includes the directorate Director and all equal level positions to them, both in central and local power offices.
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The lower level includes the department head, the office manager and all positions equal to them. The existing level includes civil servants considered as specialists. According to the law, all these employees attain the position by competition, after the particular institution advertises the need to hire someone. Also by this law, these employees are not part of the political staff of the official and subsequently can’t empty their position any time there is a change of high-ranking officials. What really happens within the civil administration that enjoys now the civil servant status? Taken by anxiety to prove the compliance and potency of the law, even before the elections are over, we may argue that these employees are a little or not at all protected by it. Political rotations pass by as a storm over the administration, taking with it firstly those who are not protected politically. Victims of arbitrariness are also officials enjoying legal protection. A young lady, who managed for a few months the civil state service office in country level, was dismissed and the institution doorman communicated the decision to her. She was part of those upper level civil servants who had attained her position by competition and subsequently enjoyed the civil servant status. No matter what, this status did not protect her by the Minister’s decision to fire her. The former directress addressed the media at the time and said the official motive was “the disclosure of a tender”, which was annulled afterwards by the Prime Minister.
5. Looking at this absurd picture of relations between employees, with or without the status, and the high government officials, naturally you are tempted to ask for the positioning of the court of justice in cases when the Ministers openly violate the law or directors of a lower level. If you followed the steps of an employee, from the appointment to dismissal, you would uncover the numerous paradoxes, one bigger than the other. The law says that the civil servant may appeal his superior’s decision of dismissal to the court of justice. Almost all the employees that thought their dismissal had been unjust have used this legal window. Facts speak of judges giving favorable decisions for the dismissed employees in more than 90 percent of the cases. The cause of this is that the motives written into the dismissal letter have not only been faked, but also badly formulated juristically, such as the dismissal motive of the directress above mentioned. She won the case and the court recognized her right to receive a one-year salary as recompense. If you refer to cases brought to the court, you will The media picture of political party convenience The media picture of political party learn that the official’s decisions are really weird. A women working in a local office of Tirana City Hall was dismissed because she had not reported for duty on December 25th, 2004. It is known the fact that this day is an official holiday as it is Christmas Day. Her direct superior had motivated the decision based on an announcement given to all employees to come out to work during that day for administration needs. This employee had not come to work because she was unreachable as her phone was out of service. The judge revoked the decision of her superior and ordered she should return to her duties immediately. During the verification process they found out from witnesses that she had been dismissed because her husband had rightist political convictions while her superior was a leftist. Having won a case at the court, after you were dismissed, is a step forward to a full rehabilitation. However these decisions are so formal and practically not important. Even bigger ones follow such absurdities. Court verdicts are not executed. The verdict of justice is valid on paper only. The women whom the court decided to return to work is not admitted back. The former directress who was entitled to receive the recompense for unjust dismissal has not received the money. The collection offices throughout the country are incapable of executing the law over the state institutions. During the last ten years, the court has ruled out in favor of many employees that should be compensated in the amount of 6 million dollars. Thousands of former state employees should receive the money from the institution they used to work for, but it is impossible to get them. During preparations for the budget of 2005, the Finance Minister of Albania for the first time ever officially recognized this debt that state institutions owe to former employees unjustly dismissed. The Finance Minister proposed for the first time to approve a separate budget within the big one that will serve to repay this debt to citizens. The budget has been approved, but this specific amount was not accounted for. The government said it would discuss this in next year’s fiscal package. This is indeed the end of the relations between the state and employees.
142 The media picture of the political party convenience Between the political convenience and equal opportunity Macedonia
Branko Crvenkovski - President of the Republic of Macedonia
DISCRIMINATION IS DECREASING!
“As regards the question whether discrimination by the political parties in the process of employment exists, first of all, a differentiation of the public and private sectors should be made, whereat the attention should be focused on the public sector (state bodies, agencies, etc.), due to the factual independence of the private sector In that respect, a significant decrease of the discriminatory influences during employment in the public sector has been ascertainable, compared against the late 2002. However, this is not to say that we could, or should for that matter, suspend putting a close eye onto this occurrence, because the eventual negative impact could be severe. Regarding the protection measures and mechanisms to be implemented in order to eradicate the eventual discrimination, the most important fact that should be stated is that the legal framework on the public sector employment is satisfactory, i.e. provides for protection from discriminating influence of the political parties. There is an institutional basis for quality recruitment of public administration staff in the Republic of Macedonia - the Agency for Civil Servants. What remains to be done in the future is to insist on more consistent observation and implementation of the principles of professionalism, competence, efficiency and independence in the course of public administration personnel employment, by all decision-makers. The aforementioned would produce positive effects on the country as a whole, and on the economy of the Republic of Macedonia in particular.”
Vlado Buckovski - President of the Government of the Republic of Macedonia
MACEDONIA IS NOT AND CANNOT BE A PARTISAN STATE
Republic of Macedonia is a country with relatively young democracy, and neither the fact that some parties are larger and more multitudinous, nor their participation in the executive power justify the attempts to label the state as “partisan”, or likewise.
Current situation: “Ordering to and controlling of the private sector in the area of selection of the employees is not attainable, as a result of the employers’, i.e. owners’ inviolable authority to compose working teams at their choice. But, in the area of public enterprises and administration, I believe that Republic of Macedonia has been consistent in observing the standards of equal terms opportunity and access to jobs. If such an ambiance existed previously, I am claiming with full responsibility that this government will fully observe those principles through its institutions, thus demonstrating and proving its democratic maturity to operate according to the standards of modern democracy and citizens’ equality, regardless of their partisan affiliation or any other distinction, except for the quality and professional development. Republic of Macedonia is not and cannot be a partisan state, for the simple reason that it is governed by a coalition of different parties.
Determination on reforms The implementation of reforms in the public administration is one of the priorities of this government.
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Although faced with a series of difficulties and irregularities inherited from the previous period, and at the same tame bound with consistent implementation of the conclusions derived from the Framework Agreement, the Republic of Macedonia is strongly determined to go through with the reforms, excluding any political or partisan calculations. Once the reformation of the public administration, i.e. adopting of the primary and secondary legislation is completed, all things will get settled. The problems arise as a consequence of failing to consistently implement the regulations on the field, rather than of their false content. Republic of Macedonia tenaciously holds out on the path of quality and constructive changes, aimed at re-establishing the common citizen’s confidence in government’s institutions and their operational adequacy with respect to the equal arbitration, not only in terms of the employment, but in general. Republic of Macedonia is a country with relatively young democracy, and neither the fact that some parties are larger and more multitudinous, nor their presence in the executive power justifies the attempts to label the state as “partisan”, or likewise, although we are witnessing isolated cases of partisan favoritism even in the countries of longer democratic traditions. In any case, the Government of Republic of Macedonia will produce its top performance concerning the implementation of quality and consistent principles in any segment, including the area of equality in the employment.
(Mr. Buckovski has been Prime Minister since late 2004. In the same period, he was elected a Head of the ruling Social-Democratic Union of Macedonia - SDSM). Radmila Sekerinska - Vice-Prime Minister and Head of the Sector for Eurointegrations within the Government of the Republic of Macedonia
“APPROPRIATELY SIZED AND EFFICIENT PUBLIC ADMINISTRATION - STRATEGIC GOAL OF GOVERNMENT”
The media picture of political party convenience The media picture of political party On the other hand, there is the obligation for consistent implementation of the Framework Agreement provisions, whereat, among the few of the final ones, remains the equal participation of the ethnic communities. The realization of these two, figuratively speaking “conflicted” strategic objectives of the Government, makes it a Sisyphean task.
There is a longstanding public impression that Macedonia is a “partisan state”, i.e. that the public administration finds itself under massive pressure of staff replacements each time the power shifts from one party or coalition to another. Do you agree with this appraisal, and do you think that discrimination by the political parties exists during employments on the national level, i.e. that the citizens’ equality standards are not being observed when applying for a job? From the modern European systems’ perspective, Macedonia is a country of relatively modest democratic experience. In the course of practicing democratic values and benefits in the previous period, the country has been faced with the challenges of governance by several executive teams, whose holders have been the two largest political subjects on the domestic scene (SDSM and VMRO-DPMNE, T.B.’s remark). Certainly, the experiences and the impressions are different both in volume and consequences, although, more or less, have contributed to creating general perception of partisan (to a certain degree) public administration. This perception should be viewed in the light of the fact that the core of the public administration had been created during the era of a dissimilar system, ignorant of a differentiations on the partisan basis, therefore, the experiences/realizations in that domain are relatively new and demand for cautious appraisal.
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As regards the pressure, two levels of justification of personnel intervention should be defined. The first one, of course, is the level that implicates professional, but also, a political accountability, deriving from the mandate entrusted and from the offered programme. This level incorporates low degree of tolerance in terms of political, i.e. partisan pressure, therefore the personnel changes are highly justified. The second level implies existence of mere professional accountability, and as such, must be extremely resistant to any kind of political pressure. The basic principle of this government, and any future, hopefully, is exactly the effort to hierarchically raise the line that separates those two levels, fixing it eventually at the stage, immanent to the developed European states. Personally, I am under impression that the current government has achieved this in its two-and-a-half-year of power practicing.
Is Macedonia meeting the EU standards in this sphere; if yes, in what extent; and what was done to attain this?
One of the basic strategic objectives of the Government of the Republic of Macedonia is to establish appropriately sized and efficient public administration, oriented towards satisfying the needs of the tax payers, i.e. citizens. The previous efforts, which are implicating EU standards and practices implementation in this area, should be considered within this framework. First of all, I would like to put an emphasis on the Civil Servant Agency’s activity, whose role and scope of operations have been provided for by a legal act, harmonized with the regulations of some of the most developed EU members. This legal act stipulates also the procedures on candidates for public administration’s employees selection, as well as the continuous evaluation of their performance. This provides for a system of constant performance quality monitoring, which is a supplementary element of the, so to say, employment post-control.
Besides the ubiquitous problems of this nature that are arising in the transition countries, and especially the countries in the Macedonian surroundings, how is the Government handling the additional problem that imposes itself as a result of the Framework Agreement obligations for equal minority participation in the public administration? A dilemma emerges: departisation and reducing the number of public administration employees, and, on the other hand, stepping up the number of employments, in order to fulfill the Ohrid Agreement requirements.
As I already mentioned, one of the strategic objectives of the Government of the Republic of Macedonia is to establish appropriately sized and efficient public administration. On the other hand, there is the obligation for consistent implementation of the provisions stemmed from the Framework Agreement, whereat, among the few of the final ones, remains the equal participation of the ethnic communities. The realization of these two, figuratively speaking “conflicted” strategic goals of the Government, makes it a Sisyphean task. The process is very sensitive and complex, especially if you have in mind the obligation to explain to the public how come some institution’s redundant employees leave through a door, and than others are stepping in through another. The situation is additionally burdened with the unfavorable social momentum and the slow rate of the economical development. However, even in the midst of these complicated conditions, the Government of the Republic of Macedonia managed to hit the balance point, thus enabling realization of the both strategic objectives. To illustrate this, in 2003 and 2004, the participation of the largest non-majoral ethnic community in the public administration was increased from 11,65% to 14,54%, even though the overall number of public administration employees was at standstill. These results demonstrate the Republic of Macedonia’s determination to consistently fulfill its obligations bound upon with the Framework Agreement, as a significant part of the political criteria for attaining membership in
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the European Union, simultaneously resuming the reform process, aimed at achieving European standards.
(Ms Sekerinska is Vice-Prime Minister since the end of 2002. She is also Vice-President of the ruling Social-Democratic Union of Macedonia- SDSM).
WORSE THAN IN COMMUNISM ERA!
Teofil Blazevski
13 years ago, Math professor M.R.*, 36, from Veles, a town that lay on the banks of the river Vardar, got his first job. It happened relatively soon after his graduation. He was employed at the primary school in the village of Orizari, 2-3 kilometers away from his town, and started teaching children the things he had been learning for four years throughout the high education process. He is only candid when saying that his employment back then was a combination of luck - such profiles were deficit in the town - and the “solid strings” he had pulled at the Ministry of Education. Nevertheless, from 1993 up until today, he has been faced with one particular problem over and over again. As soon as every new elections were completed, a pressure by the “newly arrived” younger generations of Math professors put on him, i.e. his post, has been piling. In most of the cases, the new professors had been registered at the local Employment Agency as unemployed, but have obtained in the meantime party membership booklets, thus placing themselves onto some employment priority list of “dedicated activists”. Of course, those lists were made by their party, an ubiquitous occurence that is not being concealed during day-to-day informal conversations. - All the parties do that, no doubt about it - says M.R., adding that his refusal to The media picture of political party convenience The media picture of political party become a member of a party proved to be his biggest setback. - Because of such protective, i.e. discriminatory attitude of the parties, I could not find more suitable post, closer to my house. When I finally managed to transfer to a town’s primary school, and got supplementary job as an aide at the local secondary school, now I am in danger of holding the bag, on the account of severe reduction of my classes, after several professors were hired - all of them actively involved in their parties. M.R. tells his story of 13 years of dedicated work, now put in danger by five or six newly hired professors working on the basis of contractual agreement. This arrangement involves granting a honorarium payment for their work. Most of them were hired just before the local elections, that took place in March and early April 2005 in Macedonia. The matter of the fact is that the competent ministries have announced that all of those hired on the basis of the so-called “contractual agreement” shell be registered as regular employees by the end of summer or early fall, in line with the effort to facilitate the implementation of the decentralization process. Since that leaves our example with only two classes a week to teach, the odds to lose his job, not having a party member booklet, are huge. Moreover, the pretexts of “reforms in the education”, or “employment cutback in this sector” is most likely to be used to this end. Of course, this is highly ironic - institutions of the system make fools of their own citizens, as well as of the international institutions such are the International Monetary Fund and the World Bank. The example of our professor has turn into a paradigm, and depicts the ill, or more preciselly, disastrous situation. The omnipresent discrimination in Macedonia is thriving on
146 The media picture of the political party convenience Between the political convenience and equal opportunity the political parties’ involvement in the employment process, even though such an appraisal has been always questioned by each ruling set, and at the same time, reasserted by each opposition. Unfortenatelly, our example covers only a small fragment of the problem, having in mind that Veles is a town of stable ethnic composition, with 90% Macedonians.
DISCRIMINATION DERIVING FROM THE OHRID FRAMEWORK AGREEMENT
The problems multiply in the mixed environments, where a minority community takes up over 20% of the population, automatically becoming subject to the provisions stemming from the 2001 Ohrid Framework Agreement. These were later substituted into the Constitution, as well as into the legislation of Republic of Macedonia. The chaos induced after employment of partisan men coming from the minority communities has ensued after “the irregular and incorrect interpretation of the provisions of the Agreement” (prof. Frckovski and prof. Marjanovic constantly call the public attention to this problem). This applies to the terms “gradual” and “equity-based” (referring to proportional employment of staff, belonging to minority groups in the public administration), which are interpreted as “immediately” and “with no criteria whatsoever”. This produces a head-on collision between the executive’s power obligations, and the commitments for public administration cutback as well as for efficient public service, since the quality of the newly hired servants on either partisan, or nationality basis has proved questionable. Moreover, with the decentralization process underway, these outstanding setbacks will have a direct impact on the day-to-day activities of the municipalities, and on the services required by the citizens. The Government has undertaken several firm obligations binding it upon: the Framework Agreement (provisions of which, as pointed out above, have been misused by the ruling parties representing minority communities); the agreements with the international financial institutions (IMF and WB) referring to rapid public administration employees cutback; and the limited budgetary public expenditure. In this unenviable situation, the Government is rendered out of step: bound to sign on minority communities members into the public sector and public administration, and at the same time, not only it must not increase the number of employees, but has to reduce it. (The Vice-Prime Minister in charge of Euro integrations used the phrase “Sisyphean task”). Another way of exerting discrimination is giving preference to the ruling parties’ members employees (but, oddly enough, rather often to the opposition parties members, as well) when it comes to firing, by placing them at the bottom of the lay off list. Numerous cases of such occurrences can be found in the recent public enterprises transformation operations. The existence of this type of discrimination has been strongly reasserted in the course of dismissal of 1.500 Electric Power Company of Macedonia’s (ESM) workers, which ensued only a few months after power shift, following last parliamentary elections in 2002. In the follow-up, large-scale discharges at the Skopje Clinical Center (over 600), and recently, at the public enterprise Macedonian Railways (MR) took place. Simultaneously, new “contractual agreement” employees were signed on at these three public enterprises, on two occasions: last year, right before the presidential elections, and this year, before the local elections. To render the picture complete, we should stress that all the ruling parties in Macedonia have been doing this injustice related to the jobs and partisan affiliation. For example, massive employments in the public sector were carried out by the party that ruled until 2002, during the last two months of its term. As many as 1.400 newly employed,
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according to the official data (and not less than 15.000, according to the media and then, opposition parties’ assessments), were hired on the basis of the same formula - contractual agreement, i.e. non- permanent employment. However, the number of those who signed their first permanent employment agreements was also substantial.
THE CRUELTY OF THE PARTY INTEREST IS SUPRANATIONAL
If we focus back on the partisan- or the Framework Agreement-based discrimination in Macedonia, another discernible feature will emerge. Numerous evidences exposed by the media and the abovementioned human rights protection institutions, indicate discrimination occurrences within a particular minority community, resulting from the Ohrid Agreement provisions. Namely, the minority communities’ quota system concerning public sector employment gave birth to a hard and unyielding policy of signing on partisan people only. Other, let’s say, normal prerequisites, required in any uninflected society - professionalism, qualifications, meeting legislation requirements, etc - have not been taken into consideration. All this has been pushed into the background for the benefit of the partisan affiliation. The last year’s scandal, when the Civil Servants Agency announced public competition for 600 vacant positions for civil servants, upon eligibility requirement to be a member of the minority community which takes up 20% of the overall population on the national level (a parameter stemmed from the Ohrid Agreement), is still resounding. The competition was being suspended two or three times, because the candidates, regardless of their qualifications, had been pushed forward on the account of their membership booklets of the party that represented the interests of the minority community in question. The struggling candidates repeatedly failed the public servants examination test, because they lacked appropriate education, or had insufficient knowledge of the language. Nevertheless, all of them were hired eventually. Their visa for attaining the job was the party membership booklet. The media exposed the scandal, following the uproar coming The media picture of political party convenience The media picture of political party from the other, opposition party, representing interests of the minority community. Namely, its opposition status hampered it to do something for “its” candidates. However, the reason for sounding the alarm was just, since it called attention onto evident breach of human rights, guaranteed in the constitutional category of citizen’s equality before the Law, which includes equal opportunity during job application. This was also confirmed by the European Development Agency, which funded the staff training and examination process.
THE ROOTS OF THE PARTISAN DISCRIMINATION GO DEEP
A sustainable analysis on the origins of this social evil, which by the way, was not invented in Macedonia, would demonstrate that the discrimination exerted upon the candidates by the means of parties’ power and their real influence in the overall social living, is not a phenomenon rooted in the transformation process from the old socialist system into a real parliamentary democracy, including the liberal concept of building social and political relations. On the contrary, the roots go much deeper, reaching the socialist-communist dogma of the one and only party in power, that does all the decision-making in the society, spanning the fileds of political, economical, cultural, social relations. The many decades of communist ideology based upon building an one party system, in which the party decides what is, and what is not appropriate both for the individual, and for the society as a whole, gradually led to degeneration within the communist parties themselves, ruling in the states that executed “real socialism”, “socialism with human countenance”, or socialism of the so-called “third way”.
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Thus, the decades of economic setbacks ensued as a consequence of failing to observe the economy laws, and above all the private property, brought only enhanced party propaganda and repression. Party’s great merits for this and that were praised, the letters by the Party’s Secretary Generals addressing the whole state were read at the monopolized media. In order to conceal the weaknesses of the system, an artificial multitudinous of the communist parties and its derivatives took place in the form of Syndicate Union, Communist Union of the Working People (which was supposed to enact the pluralism of interests, i.e. to play the role of a parliamentary pluralism), Women’s Alliance, Youth Alliance, Union of War Veterans, etc). This non-productive social miscalculation eventually produced mastodon communist parties, a phenomenon that occurred in every single socialist state. Copying the matrix - USSR, where the Party had over 20 million members, the former Yugoslavia (SFRY); and consequently Macedonia; lauded with a two-million-members communist party, which comprised 10% of the overall population. This refers to the period of the most severe social crises in the beginning of the 80s of the last century. Such a “Potemkin village” turned the communist parties into their own opposite - the party of the leftist oriented elite became a massive organization, whose power diminished as each new member coming from “the vast masses of common people” was signed on. Simply said, the communist parties, including the one that ruled in Macedonia, had turned into “paper tigers”, unable to cope with the paradoxes resulting from the Cold War, the technological and social progress achieved in the countries with liberal concepts and parliamentary democracy, i.e. with the absurdities and controversies the “closed society” was faced with. As they rushed over many decades on their way down, such communist parties were becoming also a major determinant when it came to employment and acquiring better job. Although in Macedonia, as in the former Yugoslavia on the whole, the communist party membership was not either legal or constitutional determinant for employment, there was a latent discrimination in most of the cases (job applicants which had party membership booklet in addition to their professional skills were in greater demand). However, the discrimination was legally backed in terms of career advancement. Respecting the constitutional obligation to foster and cherish the “Yugoslav model” of “self-governing socialism”, almost all enterprises (Organizations of Joint Labor - OJL) - as they were dubbed in the last stage of the Yugoslav-Macedonian history of socialism - had internal bylaws and rulebooks stipulating that not even a minor executive position could be attained without a clear history of partisan loyalty. On the top of it all, a recommendation from the local party organization, incorporated in the OJL itself, was required for granting an executive position appointment. Furthermore, when it came to the high executive post appointment at a large factory or important public enterprise, an approval from the personnel commissions within the city or regional branches of the Party, and usually from its top officials, had to be obtained. The conclusion is obvious: the origins of the discrimination during employment in the transitional countries; including Macedonia, being the subject of this analytical observation; are located in the previous system. But, having this in mind, two absurdly ironic facts should not be overlooked: a) 15 years after the fall of the system, the same discrimination lingers: b) despite all the disharmony between the man’s free will and his equality before God and the Laws, and the interest of the old system’s communist party, the criteria other then the partisan (skills, responsibility, confidentiality, social position, virtues) were observed back then more, than today, after all.
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FEIGNED PLURALISM
The extensive review of the situation prior 1990 was deliberately counducted. The reason for this is the following: from the generational point of view, the most of those responsible for the transformation of the society from one-party socialism to democratic pluralism are still sound and well. Some of them, who occupied top positions in the Party (or its derivatives, especially various Youth Unions) today hold the top state positions, leading posts within the parties, Syndicates, etc. In other words, the partisation of the state and the discrimination during employment deriving from it, lingers as current and chronic problem, the reason for this being the failure of the political elites who led Macedonia over the last 15 years to shed the “socialistic state of mind”. De jure, in the last 15 years, there has been pluralism of interests in Macedonia, expressed through dozens of parties; de jure, there is a three-layered division of the power - legislative, executive and judicial; de jure, there is democracy and freedom of speech; de jure, there is observation of human rights and equality before the Law for all, but... De facto, Macedonia still operates as a solid one-party state. The ruling parties have been always in control of everything: finances, judiciary, media... So, why make an exception when it comes to the employment, especially in the public sector. Based on this, a firmly based thesis imposes itself: there is an on-going process of feigned/simulated party pluralism in Macedonia. Some of the parties’ representatives, polled for the needs of this research, gravitate towards this conclusion. Others, such is the leader of the ruling party, are opposing any attempt to call Macedonia a partisan state. However, before we set forth their stances, we should explain some factors - deriving from the feigned political pluralism - that contribute for the sustainability of the pervasive partisation and discrimination during employment. - No serious attempt for economic system reform has been made in Macedonia since The media picture of political party convenience The media picture of political party 1990. After many years, the leaders of the ruling parties finally began to acknowledge this fact. The main reason for this is the pressure piled by their own citizens, whom they left jobless. (The unemployment rate, according to the official data, amounts to 37,9%, the highest in Europe. Translated in absolute numbers, 400.000 people are jobless, which is an enormous number, having in mind the overall population of 2 million). Additional pressure has been exerted by the financial institutions, from which financial aid is required. - Throughout the period of over 12 years, the single serious activity in the area of economic policy has been pushing forward the privatization process. Those involved in the process - participants in the government or the Agency for Privatization employees - claim that it was conducted in a criminal manner (In the interviews run in daily newspapers in late 2004, and another one last month, granted by Mr. Jane Miljovski, ex-Minister of Finance and author of the 1993 Law on Privatization, and by Miroljub Sukarov, the first Director of the Agency for Privatization, they confirmed the abovementioned, albeit in a highly tactful manner). The result of this process, foreseen to be concluded with the privatization of ESM, is the emergence of hundreds of thousands private companies. Barely a dozen larger, and about a hundred small- and middle-sized of them are capable to perform expanded production. Everything else was privatized for personal or partisan purposes, ensuing massive lay-offs, breaches of basic human and labor relations rights, as well as of the small share-holders rights (for example, the initial Law on Business Associations which regulates these rights, was adopted as late as five years after the privatization process in Macedonia started, in 1993-1994. This Law has been subject of amendments rendered by each of the newly arrived ruling sets up to this day). The figures reassert this. Out of 10 billions US dollars of the Macedonian companies’ real
150 The media picture of the political party convenience Between the political convenience and equal opportunity value, assessed before the privatization commenced, the state ended up with less than 2 billion in the budget, after its completion (ESM not included). - No real and serious judiciary and state administration reform has been conducted in Macedonia over the period of 15 years, despite the 1996 reform attempt on the judiciary, and another one in 2000 on the state administration. The judiciary has become one of the major obstructionist of any reform in Macedonia, and the state administration has turn into a main inefficient apparatus, although the reforms are supposed to be carried out through it. The reasons for this are numerous, and only a portion of them are located in the judiciary, i.e. the administration. However, the result is disastrous - they both have major contribution in the day-to-day breach of the human rights. - Organized crime and the corruption are pulling the country down, and the involvement of the party elites is a fact not only known to each citizen of the country, but is also backed by material evidences. In the conditions described above, it is very obvious that the political parties have nothing else to offer to its citizens, constituency and members, except for the privileges based on the party membership booklet, granted mostly when the party is in power. For the executive elite, it is an opportunity for a large-scale business, large-scale corruption and large-scale criminal. And for the amassed members - a chance to get a job. In other words, today’s political parties in Macedonia buy up their members in a most vulgar way, and through their family and friends, buy up the votes in each of the electoral processes. Thus, the vicious circle of the partocraty is created. It is hard to brake out of it, because one of its basic values is self-preservation through disrespect of the Rule of Law, or through installing the illusion that State of Law really exists.
BLAME SHIFTING BETWEEN POWER AND OPPOSITION (Stances of the polled representatives of the ruling and opposition parliamentary parties)
This denuded picture of the real situation has not been acknowledged by any of the political parties as yet. All of interviewees encompassed within this research admitted that “the problem exists”, or at least “it existed”, but depending on the current either opposition or ruling status of the parties, they blame each other, rejecting any responsibility on their part. The leader of the current ruling party is the only one refusing to accept the factual existence of the “partisan state”, and a high ruling party and governmental official claims that “the problem, at least, existed in the past”. From all the responses given, we have singled out the thesis of the Liberal-Democratic Party representative Mrs. Melpomeni Korneti as the most interesting one. (Mrs. Korneti is a member of the Central Board of her party and current Deputy Minister of Culture). She believes there is a distorted comprehension of the role and the necessary size of the political parties in Macedonia, proposing “radical change of the created ‘norms’ on the numerical size of a political party!”, as one of the most efficient solutions. These are Mrs. Korneti’s arguments: “The Law on Civil Servants was adopted in 2000, and up to 2004 underwent several amendments, aimed at improvement of its contents on the basis of realizations gathered from its practical application, as well as at its harmonization with the EU legislation. As far as the discrimination issue is concerned, acknowledgement of certain discrimination, mostly on the basis of belonging (or affiliation) to ruling parties, or of friendly/ relative “criteria”, cannot be avoided! In 2002, the Government rendered a conclusion that prescribed freezing of new employments, thus, no discussion on discrimination stands. Moreover, no new civil servants
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have been employed since (the last open competition for 1 servant was announced by the Ministry of Culture in 2002). However, the problem of the so-called “positive discrimination”, as a result of the Ohrid Agreement remains, as well as the problem of employment on the basis of the “contractual agreement” institution. In order to observe the principle of employment according to professional skills (equal opportunity for all) in the future, a consistent implementation of the Law on Civil Servants is necessary. It would be advisable each of the public competitions and the examination tests to be conducted by using codes for the candidates. As far as the already employed officers are concerned, it would be in the interest of the state administration’s improvement to strengthen the procedure of professionalism clearance before their promotion (tests on the examination questions principle and using codes). Regarding the necessary Euro-standards, they implicate professionalism, efficiency, co-operation/teamwork, transparency, permanent professional development and evaluation of the expertise and level of education (on the basis of the objective evaluation criteria)”... Mrs. Korneti says that “the citizens would be as independent, as the guaranteed rights for equal opportunity and job access are respected”: “If the above is not observed, for which the Government would be accountable, the citizens are left with the possibility to demand their rights by the institutional means, expressing their disposition at local or general elections. There is also the possibility to associate in NGOs, as a legitimate means of putting pressure on realization of their rights, and to use the assistance of international organizations regulating the labor and labor rights”. Korneti’s appraisal is that despite all the measures undertaken by the Government; and consequently by her party, as a part of the ruling coalition, “generally speaking, the quality of the administration and the other segments of the state apparatus are endangered because of the large party machineries. Their members, expect (demand) employment or/and high posts at the Ministries, public enterprises, agencies, local administration, etc, as a reward for their participation in the parties’ activities, particularly in the course of the election campaigns. The media picture of political party convenience The media picture of political party This results with a “pressure” on the employment criteria, i.e. with narrowing the grounds for free access to jobs/executive posts on the basis of the professionalism/competence. “There are many possible measures to be undertaken for mending this situation, but I believe that the only efficient solution would be radical changes in the created ‘norms’ on the numerical size of a political party! The leading political parties in Macedonia have membership of approximately 100.000, and the parties with membership under 10.000 are considered as small! These impressive figures include a high percentage of inactive membership, or active only during election campaigns. Their tasks, in other countries (with a more mature democracy), are usually executed by the followers, potential voters of a particular party. In such countries, the completion of elections terminates the direct relation party-follower. Afterwards, the followers/voters appraise in what degree the election programme has been fulfilled, i.e. whether the party worked in the interest of all the citizens, which is why it was entrusted the power in the first place. Whereas here, because of the transition and the privatization, in the situation of waiting the effects of the economic reforms to take place (re-structuring, new employments), and because of the high unemployment, the numerous members of the parties usually expect employment (for themselves, or some of their relatives), as a reward for their merits in the electoral results. Thus, after the elections, the party officials and organizations are faced with a difficult, almost impossible task, to meet those expectations. In the process, there is not much time and space to select the most adequate (in professional terms) candidates for the posts. Therefore, the criteria “are stretched”, and the functioning of the system is undermined. Individuals’
152 The media picture of the political party convenience Between the political convenience and equal opportunity demands are satisfied to the detriment of the state apparatus! At the end of the day, this is detrimental for all. Thus, it is important to alter the idea/concept of the functional (optimal) political party in terms of the structure and size. The well-profiled party has to include membership which is committed to the party activity on the basis of the clear political convictions, and possesses affinity for social and political work, as well as capacity to perform it! Such an admission selection (criteria) could result with an optimal number of 10.000 members. This will render the parties more compact, will facilitate their organizational operations and execution of the political platforms, thus granting the citizens their rights (to work, to pursue business operations) under equal terms for all! The Baltic countries’ experience speaks in favor of this idea! I recommend an analysis of their practices to be conducted, it can be useful to us”, concludes Mrs. Korneti.
The opposition, as said above, is usually more aware of the problem, but its shortsightedness is evident in failing to realize the universality of the problem, as opposed to the narrowed perspective of the power-opposition relations. Mr. Sulejman Rushiti, Vice-President of the Democratic Party of Albanians (DPA) gave these responses to our questions: “I would grade Macedonia with 10, on the scale spanning from 1 to 10, when it comes to the partisan employment. Unfortunately, this negative phenomenon gains momentum in the course of time. In the recent years, it assumed new dimensions, in terms of not only partisan-membership- based-employment, omitting professional skills criteria, but also handing the notices on the basis of partisan affiliation (I myself am one of those subjected to this type of discrimination). Regarding the EU standards, Mr. Rushiti said: “I think that a series of regulations should be introduced in order to stamp out this occurrence, but the mentality has to be changed too. One of the most important measures to be undertaken is de-partisation of the judiciary, being a source of a whole spectrum of negative occurrences. As far as the mentality is concerned, the parties should not view those belonging to other parties as their enemies, but as worthy competition. Unfortunately, these are not the only things that are wrong in this country, but a de-partisan and de-politicized judiciary should make a good starting point for realization of the employment and labor rights. The Union should play a significant role in this, but, sadly, it failed to prove its indifference to the party colors. At the moment, it inclines towards the power, although I agree that the other extremity would be equally non-productive. Rushiti reasserts that his party, if given the power, would implement numerous measures aimed at overcoming the problem. “Above all, we would put our efforts into achieving independent and thoroughly de-politicized judiciary, which would involve setting up mechanisms for monitoring its corruptivness. These particularly sensitive issues require granting of comprehensive competences to the state bodies, which should possess moral and professional qualities for rendering decisions when they come across a misuse of power. For instance, there is much talk about the implementation of the Ohrid Agreement, but no body authorized to monitor it has been set up, kind of a corrector of the government’s decisions. Therefore, in order to eliminate those negative phenomena, controlling mechanism should be provided. Even the Anti-Corruption Commission, the only mechanism assigned to curb the corruption, is not so impeccably incorruptible. There is not a single case that would demonstrate the Commission’s determination to stamp out the corruption. Those belonging to the ruling power have been tolerated, and the opposition members have been faced with criminal charges.
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The largest opposition party in the country VMRO DPMNE, has not a single doubt that Macedonia is a partisan state. Mrs. Gordana Jankulovska, party’s Secretary General, offered the following thoughts for the needs of our research: “Two systems of civil service are discernible in the world: ‘career system’ and the ‘posts system’. The recently set up civil service system in Republic of Macedonia, provided for in the Law on Civil Servants adopted in July 2000, is a predominantly posts system. In compliance with the choice of a posts system, the basic principle envisaged for acquiring employment is the public competition announcement and taking professional examination for testing the skills and knowledge of the candidates. This should provide a guarantee that professional and quality staff will be signed on in the administration. There are several employment modalities, stipulated in the Law itself. But, despite the provisions and terms prescribing the method of public administration employment, it is obvious that the established practice of employment by a “partisan key” takes place in virtually all the cases. More specifically, the transparency in the selection of the civil servants ends up in the Civil Servants Agency, whilst the final decision-making is left to the state secretaries, i.e. the executives, managing the bodies which consistently conduct the “party key” practice. As a consequence, the selection of professional, skilled, competent and non-politicized administration falls through, and the provisions stemming from the law are manipulated by the parties. The result of this situation is the drainage of 15.000 highly educated professionals into the developed West European and overseas countries. The subtle example of such a devastating situation is the suspended competition by the “European Agency for Reconstruction”, regarding its project for training of 600 civil servants belonging to ethnic communities that should have been employed in the public administration. On the account of the extremely bad, above all partisan candidates selection, the selection had to be repeated. The official explanation of the The media picture of political party convenience The media picture of political party European Agency for Reconstruction was, roughly: ‘We shell not finance bad personnel. Since we pay, we will carry out the selection, in line with the European standards.” The model of public administration required by an individual country to meet the conditions for accession into the Union is not provided for in the Union’s legislation. This is due to the fact that the very member-countries differ among themselves, i.e. have different legal traditions and administrative systems. The basic constitutional and legal documents of the Union (Rome Treaty and Maastricht Treaty), have no provisions referring to the public administration of individual member-countries. On the contrary, those countries enjoy a high level of autonomy and discretion regarding the set up of the administration system, as long as this system is laid down and operates within the framework of a democratic political regime, and supports the same. However, there is a census among today’s developed democratic countries on the basic components of the sound administration, which involve the following principles of the Rule of Law: • confidentiality • predictability • accountability and transparency • technical and managerial competence • organizational capacity and citizens’ participation in the decision-making Such a census resulted in establishing the principles of the public administration, which are common in the EU member-countries, and have been defined and refined by the “European Court of Justice”.
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The joint principles of public administration of the EU member-countries set out the conditions for “European Administrative Space - EAS”. The European Administrative Space includes a group of joint standards for action within the public administration, defined by a law and practically implemented through procedures and mechanism of accountability. Within the EU member-countries, these standards, including the principles stipulated by the constitution, are usually provided for, or implemented through a group of administrative regulations, such are the laws on administrative procedure, administrative disputes, free access to information, and the regulations referring to the civil service. Even though the European Administrative Space is not formally included into the „acquis communautaire”, it serves as a guideline for administrative reforms in the countries aspiring to acquire accession to the Union. This is due to the fact that the degree of sharing those principles by a candidate country is an indicator of its public administration and effective implementation of the Eruopean legislation capacity, according to the criteria explicitly laid down by the European Council in Coppenhagen and Madrid. This means that regardless of the concrete institutional arrangements of the individual countries’ administrations, the national public administrations should accept the principles and comply with the standards shared by the EU countries. The joint principles in the administrative legislation of all Eruopean countries are generally devided into principles of confidentiality and predictibility, openness and transparency, accountability and efficacy, and efficiency. Concerning the presence of the joint administrative principles in the public administration of the Republic of Macedonia, there are constitutional and legislative provisions, containing this principles, but their real application in a daily life is very important and significant. Within VMRO DPMNE, as the strongest opposition party, over 20 party commissions, including experts and highly skilled profesionals from various fields, are conducting continuous activites. Just before the last local elections (March-April 2005), the party set up several seminnars, workshops, and consultations in the area of local self-government, as well as semminars on succesful carrying out of the election processes according to all European standards and norms. They were moderated by prominent domestic and foreign experts. I have put forward this example as the most recent, and I see no reason for not continuing this practice on the national level as of 2006, if our party succeds in winning the parliamentary elections. Employment on the basis of publicly announced competitions, based only on the criteria of competence, professional experience, results shown during the interviews, transparency of the competitions and, afterwards, the selected candidates, is part of the future VMRO DPMNE’s commitments with a single goal: modern and efficient administration, with a structure, human resources and management in line with the European standards. In the future, as it was in the previous period, VMRO DPMNE will focus on consistent implementation of all constitutional and legislation provisions and will not allow any political manipulation of the same”, said Mrs. Jankulovska. ______
How aware are both the ruling and opposition parties about the severeness of the problem, despite the nice declarations and the fact that the both are entitled to take a credit for rendering some law or other regulation, by which some Western European democracy’s standard has been included in Macedonia? To what extent are the Macedonian political elites on both national and local level ready to implement the standards, or to battle against the party’s real power (ab)use, incorporated within the institutions of the system? Instead of an answer, I offer the following example: Barely a week after the complition of the first round of the local elections in Macedonia, the new mayor of the small industrial town of
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Kavadarci who won the race after the first round, announced a competition for employment of five municipal officers, a day after State Electoral Commission officialy confirmed his victory. The well-informed say that all of them were party activists(SDSM), and made great contribution to the mayor’s victory.
*(The Math professor mentioned at the beginning of the text asked for anonimity. Therefore, different information on the subject he is teaching and pseudo initials have been used. This speaks for itself about the degree of discrimination of the Macedonian citizens in terms of abuse of parties’ power regarding the right to work). The media picture of political party convenience The media picture of political party
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Experience with employing in transition
IN THE SPIDERNET OF POLITICS
Pece Cvetanoski
During the 1980 when the author of this article was a student, in our country, which at that moment was a socialist entity, the employment was also a very big problem. The number of unemployed in Bitola in 1981 was over 10.000 people. Beside that, in that period exists a special, as it was named “employment action”, which has happened every year, by which the unemployed, mostly with faculty degree inhabitants of Bitola, were directed and employed in state properties under the patronage of local political leadership. The entrepreneurs in state companies had to realize the will of the politicians, and employed the directed cadres by the “action”. In 1980s nobody have courage to avoid the will of the politicians. It seems the same nowadays, when our political system is different, and the things are changed. It’s a citizen’s pity, than, and nowadays also, that politicians are the “godfathers” in employment process, not our capability knowledge, education and skills. That is evident among many of our citizens, who are still unemployed, beside acquired knowledge, skillfulness and profession. Mirjana is a nurse, who is trying to employ in Medical center in Bitola over 11 years. She is 31. She has one child, and together with her husband Stanko she is in big dilemma about birth of another child. They are afraid that the Stanko’s salary, the only income they have, is not sufficient for their family. The largest part of Stanko’s salary goes for living expenses. They are happy that Stanko have permanent job and believe that private company where is Stanko employed, as salesman will be successful in future. - I’m looking for a job over 11 years, - says Mirjana. – When I find out any advert from Medical center, my application, besides all asking, “catching” connections and friends to help me, resulted unsuccessful. Later when I see who was employed on certain job, I find out that they got that job, not because they are more qualified or have more experience that I have, but simply because they have political party booklet. It is public secret that when you bring your application, the people in Medical center office, who recognized you, try to suggest you discretely that the things are already finished by political party will. And consequently you are witness of announcements and elections. In 1996, when we have local elections, they return my application with answer “not fired”. We can’t be more naïve. We don’t believe any employment promises. They return my applications, twice, or three times. I can’t remember the right number of my applying, but I know that nurses and other personnel were fired, usually before, or after elections. It seems the way that wheeled the wheel – told us Mirjana. Stanko, the Mirjana’s husband told us that he don’t know any more how many times and who else of the managers of Medical center they were not asking for employment help. He doesn’t convince anybody, but they have always come to the same result. Even, the managers in Medical center have come at positions by party membership. - Mostly, the managers must fired personnel by the party list, prepared in local or central party caucus. I can remember only one manager, of all I have asked to fire Mirjana, that he gave her part time job. When he was hired, or we can say changed, Mirjana was hired after that. - For the last 11years I have succeeded to get part time job for two times and I think in Medical center were satisfied with my knowledge and my work. During my work I have assisted many operations as surgery assistant. And when you consider that there is hope, that they wont to work with you and you have obtained experience, and you believe that you have raised your employment chances, then again come elections, changing, and you have to bare consequences –
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told us Mirjana. – You are hired. They break down your contract for part time job, and on your working place came other person. You have to listen again the known answer: “He/she is from that party, from that coalition”. You can’t stop wondering how it’s possible in any occupation, so in medical, that politics is so present. Why I’m wondering – ask herself Mirjana – when they hired managers, or any department chief in Medical center, why me, a simple nurse, surgery assistant will be exclusion? – say Mirjana with resignation. – We all say, “Gods will”. You will come home, cry several days, quarrel with your husband, blame your child, as they are guilty that you are hired, and you must accept your bad position. Mirjana feel unpleasant when she told us about her feelings and position, but she told us she will be persistent and wouldn’t allow herself to work any other job she doesn’t like, or she isn’t qualified. – I hope the health care sector will be privatized. I believe that in that case, if you are good worker, or you are capable to do some work, that you can be employed permanently. But, I must say that things, mostly Bitola, are very far from that possibility. – It is peerless here, in Bitola that somebody as nurse can work in private surgery. So, we are compelled to run for connections, to ask anyone, to come even in the group of those who can be fired at part time job. Never mind how log will it last. Sometimes, you have another problem, to wait months to receive the money you have earned thought permanent job. But, positive in that situation is only feeling that you have done good job as surgery assistant and have helped some patient. In that case you feel important to someone, patient or your colegues in medical staff. That’s the story of Mirjana, who have completed her medical knowledge, get state certificate, and have all needed presumptions to be needed nurse for any hospital and clinic if you live in develop country, where getting job is under objective criteria. But, such kind of happiness is very rear thing here. During the last year office of parliamentary representatives from Bitola Spiro Mavrovski and Ilija Srbinovski, registered about 200 citizens who have asked for any help. By the Nikolce Talevski, the responsible person for that office, the percent of the citizens that were asking for help in employing process is about 30-32 %. Citizens that were asking for employing help mostly told the The media picture of political party convenience The media picture of political party parliamentarians, Mavrovski and Srbinovski their bad living situation, asking parliamentarians to help them by mediating in some companies. The two parliamentarians tried to actualize the problem of unemployment in some parliamentary sessions. Talevski told us that parliamentarians Mavrovski and Srbinovski through their personal connections have contacted some companies from public and private sector in attention to help citizens in solving problems of unemployment. As Talevski said, political party membership was not the main reason for engagement of parliamentarians to help, but the main reason was bad situation and existence problems of some of the citizens that ask for help. By Talevski, the number of realizations in employing was about 5 % of the total number of persons that ask for it. Because, the real evaluation of this data need a reasonable time, we have to believe to the words of the Nikolce Talevski, responsible person from the office of two parliamentarians, Mavrovski and Srbinovski. Beside these meetings between the parliamentarians from the opposition and citizens in Bitola, at the cabinet of the mayor of Bitola, we investigated the assumptions of the protocol stuff, which has prepared the mayor – citizens meetings. The chief of the stuff, Gjuro Ilic, mention 600 as approximately number of citizens that has direct communication with the mayor per year. – That number – told us Ilic – consist of persons that has past first filter of our stuff. I can say that among all citizens that have meet the mayor, usually every Tuesday as a marked day for meeting citizens, about 70 % ask the mayor for help in employing, or in mediation in employment. Although the citizens know very well that the mayor have no power in economical sphere and there were little possibilities to influence the employing
158 The media picture of the political party convenience Between the political convenience and equal opportunity process citizens consider that his authority will be helpful for them. That was main reason why they were so persistent to meet the mayor – said Ilic. We insisted to evaluated data that Mr. Ilic told us, and we contacted former mayor of Bitola, Zlatko Vrskovski. Mr. Vrskovski confirms the number of citizens that meet him and ask for solving their problem of unemployment. – There were different cases, and I can’t separate anyone. Most of them were persons that having any other way to solve their problems and find jobs come to my office believing that I can help them. But, my power in sphere of economy, during my mandate was very limited, including my administration. There weren’t more possibilities to employ any more. So, my intention was to ask some managers from private, or public sector to consider carefully the economic situation of some of unemployed persons and to fire them in their companies. In that communication I was insisting to help the persons that were in the worst social position. By, all of that were only my attempts to help people. I haven’t any tool to influence directly in their employment. On our question, does he remember any specific case, Mr. Vrskovski had mentioned the case of one graduated student of international banking management that has finished the faculty with the percentage of 10, the highest marks in studying that has impressed mayor with his knowledge. – I have intention – said Mr. Vrskovski – if I have win my post mandate during last local elections, to involve him in my economic team and to fired him in my cabinet. But I don’t win. Nowadays I have heard that he find job in Skopje, and if his job is attractive to him, I wish him successful career. On the other side, in The Center for Citizens Informing in Bitola, which is a kind of service of local self-governing, the numbers of citizens that ask some help and information about communicating with municipality stuff is about 500 per year. By Pavlina Josevska, from Center personnel, the number of citizens that, during last year, have asked Center for help concerning employment is about 10 %. About the problem of dominant influence and involving politycs and political parties in process of employment we have contacted the leader of local branch of Liberal-democratic Party in Bitola, Mr. Sasko Pavlovski, to ask him for his opinion. Mr. Pavlovski thinks that employing by party involving is very negative and undesirable phenomenon. He has the same problem with the pressure of the party members, who suppose that getting jobs is reasonable award for party engagement and loyalty. - It is fact – said Mr. Pavlovski - that any party member, depending on his party engagement, especially during the elections campaigns, but in engagement at all, that it gave him some right to ask party for some satisfaction. So, we are really at very high pressure, especially by our young members and activists, who are unemployed, and try to solve their basic life problem – employing by party’s help. But, I must tell you that party employments as specific phenomenon has its roots in 1998, after the parliamentary elections when win VMRO-DPMNE and Democratic alternative. Up till 1998, although we were participants in local governing, nobody has so explicitly actualized the employment of party activist and members. Usually, our political influence till 1998 was reduced only to appointing the personnel in public sector, or local stuff chiefs. But, we consider very carefully those persons to belong to existing structure of employing personnel, not outside. If in that stuff we have our party member and his qualifications were corresponding with needed qualifications for chief of the stuff, we appointed party member. But we have never – said Mr. Pavlovski – practices to employ persons outside. Things get wrong way especially after 1998, when in most of the public sector companies and local governing stuff, VMRO-DPMNE started to employ persons outside, not only for chiefs, but started to expand the number of simple employees, who become permanent stuff of that sector. Nowadays that phenomenon is limited, by implementing of The Low for State Personnel. - In public administrations now can be fired only persons that have education for public administrators only, and those qualification is the only criteria for their employing – said Mr. Pavlovski.
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Solving the problem of expansion of the public administration and personnel of public companies under local authorities by employing of party members, by Mr. Pavlovski can be in this way: - I think that political parties have to do a step forward and achieve compromise, parties in position and in opposition too, and sign a declaration for preventing political party’s influence in employing in public sector. Parties have to obligate themselves by that declaration that will stop political employments. I think that it is the only way that public administration can plan its necessities on realistic way and will be protected from political party employments in future – said Mr. Pavlovski. We have also the opinion from another local leader of political party about the problem of party involving in employment process. – That kind of employment musn’t be the only way of solving the problem of employment facing the citizens of Bitola – said Mr. Mihajlo Nestorovski, lieder of Democratic alternative. – Our party, I also, am against party employments. We are trying not to work only through party’s principles. During the period 1998-2000 when we were in position, we demonstrated with one example that successful managers have to manage the public companies, although parties win or lose elections and power. You remember, probably, the case of manager of Public Theatre Bitola. He wasn’t hired, although another party appointed him as manager. When his party lost elections we let him to manage Public Theatre, public company that has to be managed by our party. That is an example that we are representatives of the thesis that managers mustn’t be changed from positions, although are members of another party, if they are successful in their work. Also we don’t support the appointing only party cadres on chief position in public companies. Asked for experience of the Democratic alternative with the asking of citizens and party members for employing, Mr. Nestorovski said: - We have faces that phenomenon. It is the mentality of our citizens. They think that when somebody is governing, that he has power to solve their problems, and they started to occupy your office. We have only one possibility, in realizing a project of spreading grass places in our town, to influence in employing a group of people on part time jobs connected with the project. We influenced only at the list of those employed. I must say that those were not only our party members, but also those among them and others who were in very bad social position. But, those were part time employments, not permanent, and we don’t enlarge The media picture of political party convenience The media picture of political party the number of public administration personnel – said Mr. Nestorovski. If we analyzed the available data of the number and the structure of unemployed people in Bitola which can be obtained by Employment Agency Bitola, we can see following: Among those that graduated faculty, the biggest number of unemployed are: teachers, economists, machinery engineers, pedagogues, doctors, graphic engineers… Among college graduated are dominant: cattle engineers, machinery engineers, and teachers for primary schools, economists, nurses, electronic engineers, and biotechnology engineers… In the high school graduated unemployed people dominated: with grammar school, economy, machinery, agriculture, miner technicians, nurses and other medical technicians, veterinary and graphic technicians… In this list of available offer of workers in Bitola, you couldn’t find some occupations that are prevailing among young people in Bitola. In the list of unemployed people are not present: taxi driver, waiter, and barmen, seller, occupations that are very often in Bitola. Most of them are fired “on black”, and this kind of job, “on black” or regularly is often offered job, easy firing, easy hiring. But you must find your way, if you want to live, and earn for living. For above-mentioned jobs there isn’t important, experience, qualifications, or neither occupation you have studied, nor the degree of education, but only criteria is capability to do some kind of job. Salary has not to be mentioned, because only few earn over 100 euros per month. For someone, that money is very big money, especially those who has nothing. If we try to look on the things through prism of perspective and future of our younger citizens, it became the most important question for a democratic country. Does, this working power exchange can give us some hope and believing in obtaining better living by employing of all of
160 The media picture of the political party convenience Between the political convenience and equal opportunity them, whom jobs are so necessary? It has to be our future, because the right to work is one of fundamental human rights. If this right is not satisfied, any human being can’t enjoy the right. We must ask this question: Is it possible all of us to become party members and activists, and politics to be the only way for realizing our life sense? It can’t be the only way for employment and getting job? This way, if we simplify, has to be understood as human disaster for the citizens of transition countries, because they all have to become political party members if they won’t get jobs. Even for that kind of jobs, that has no any reason to be connected with politics. If we have succeeded by overvhelming of one party ideological system and become free from non-democratic political system, during transition it seems for us very hard to get free from the political spider net present in our economic sphere. So we think that process of cleaning of employment from politics is necessary step for reaching basic level of democracy. We need equal chances for employment for everyone in our society. Reaching those goals, getting free from party spider net in employment process, deserves open speaking for discrimination that political parties do in process of employing. Because of that, we need to write about many cases like Mirjana and Stanko, many young people who are discriminated, and who can’t keep back the anger and be quiet any more.
THE CLOSE AND THE DISTANT FAMILY- THE STATE AND US
Ljubica Grozdanovska
By the end of this year The Republic of Macedonia will be expecting the affirmative reply from Brussels and obtaining the status of candidate state for membership in the European Union. “The Elite club”, as the Macedonian publicists, journalists, intellectuals and part of the politicians called the EU, doesn’t only stand for house of rules and obligations. The union is a family in which certain standards have value, not only declarative pledges. The principle of “the close and the distant family” is one of the interesting phenomena to the American sociology, according which: “The state is the distant family to each citizen; therefore the concern about the state is a concern about the citizen itself ”. The close family functions in Macedonia:
“Aunt Lence knows uncle Mitre who works for the Fund of National Insurance. His son is Trpko who belongs to the governing party and he will employ our son Kole”.
As long as pondering over the close family dominates in our country – the distant family, or in other words- the state will not function. We are discussing about habits, stereotypes and false values which have been growing roots for many years. It takes time for the Macedonian citizen to get accustomed that certain events in the state should be uprooted. No matter how we start getting accustomed, it is time for us to take responsibility for our actions. In conclusion, we should be aware that both the citizen and less the politician cannot take precedence over the laws.
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STORIES OF OUR NEIGHBOURHOOD
The citizen of Skopje D.G. is 25 years old and he has graduated in Political Studies at the University of Law in Skopje. He has been looking for a job for two years. He says that so far he has been looking for employment in the state administration due to the nature of his studies. He has been trying to find employment through advertisements, but also through connections with acquaintances and friends who already work for the ministries. However, he is determined that from now on he is going to start to look for a job in private companies and non-governmental organizations because he is fed up waiting to be called by his acquaintances who “pull strings” for his employment in the ministries. For the last six months he has been trying “through strings” to find a job in the Ministry of Environment. There has not been a reply yet on whether they will do him a favour. Before that for two months he was looking for a job in the Ministry of Interior. D.G. asserts that he hasn’t offered any kind of bribe for his employment. - I graduated in Political studies. Since I finished university, I have constantly been looking at the job advertisements for employment in the state institutions. I very often watch the job advertisements for the posts of councillors in the ministries. I have been trying to enter into the Ministry of Environment for six months. I am working on this through my acquaintances that are on high posts in the sphere of action. I made the contacts through my friend in SDPM (Social Democratic Party of Macedonia). I very often contact my acquaintances on the phone, and also meet unofficially for coffee at some of the bars in the city. I don’t offer myself to pay for the drinks, nor have I offered to take them to lunch, and God forbid to give them a certain amount of money to quicken the work. If I had money, I would not look for a job. They constantly say that “the work” will be done, that they will make an appointment with the Minister. Lately, they do not even pick up the receiver when I phone them. If somehow I manage to get through, then they tell me that they are working on it and they will soon call me - says the 25-years-old D.G.
Before looking for an employment in the Ministry of Ecology, D.G. tried to “pull strings” The media picture of political party convenience The media picture of political party for employment in the Ministry of Interior.
- They didn’t keep me at suspense there. Although some acquaintances promised me that they will help me to find a job there as well. However, they were fair enough and after a couple of weeks they told me that they could not help me- says D.G.
He will not be looking at advertisements for employment in state institutions any more.
- I assume they are set up. These jobs are promised in advance to close people who already work in the ministries- firstly, from high officials and those who are close to them, or those who have good background in some of the political parties. I will be trying to find a job in the private companies and non-governmental organizations.
The situation appeared to be similar with the graduated electro engineer A.K. from Resen. -I graduated at The Faculty of Electro-Technical Engineering at the department of
telecommunications in Skopje at a high rate of marks. Right after the graduation I asked for a
favour from an ex-Member of Parliament in Resen to help me with an employment in the Macedonian Telecommunications. I made my contact immediately because I am from Resen, too, and there it is not difficult to find the person you need. The negotiations for employment
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lasted for two to three months. I was promised at the very first meeting that the job would be done. At that time I had information that the company was employing new personnel, from the same branch where I graduated. However, I had information that few colleagues of mine had been employed without applying and had been promised to obtain the post even in case of published advertisement for job.
A.K. (28) was staying in Skopje at that time. However, after the unsuccessful “negotiations” he was forced to return into his home town. He says that he has met the ex-Member of Parliament for several times and that the meetings were set up in café bars or restaurants, but he has never offered a bribe, nor to pay for the bills in the restaurants and café bars. -I personally contacted him for a favour because it was not difficult to get to him. I explained him how the works were and paid attention that I had a lot of friends who were working for the Telecom at that time, and some had been employed through a political party and some through connections with people at high posts in the company. I was told that there would not be a problem and the next meeting was arranged for a few days. At that time I did not have an opportunity to stay in Skopje and we arranged that I would come when there would be something palpable. After that I phoned for several times and I constantly received an answer that they were working on the case and that I would be employed. At few occasions it happened to me to come to Skopje at an arranged meeting, but he was frequently telling me that he was so busy that he often put off the meetings – explained A.K.
He says that after a certain time he gave up because he realized that they couldn’t do anything for him. He never received a clear reply, not even later at casual meetings.
- I did not expect that they would not help me, especially because we frequently met with the Mr and we still do. I asked for such a kind of favour for the first time and I did not succeed. I felt very uncomfortable because until then I had not asked for any kind of favour from anybody. I had thought things would have continued in the usual and natural way. I had graduated and I felt it was normal to find a job with my profile. However, when I realized how my colleagues make their way and all the things they have to do to get employment in some of more profitable companies in the state I got disappointed. Afterwards I returned to my home town and continued to look for a job in the public institutions, but only through advertisements.
THE MEMBERS OF PARLIAMENT AREN’T GOD
The Members of Parliament who have had contacts with the citizens through meetings in the contact-offices with people’s representatives in several municipalities of Skopje do not hide that there haven’t been situations in which they were asked to settle an employment in the state institutions. One of them is Slavica Grkovska, a Member of Parliament from SDPM and representative of the group of MPs from the contact-office with the citizens in the Skopje municipality of Gazi Baba. Her general evaluation is that citizens who come to these offices do not know what the obligations of the MPs are and they very often “abuse” their presence to discuss matters like how to “pull strings” for an employment in the public institutions. Grkovska asserts that there have been situations where citizens ask her to find a way for employment, but she categorically claims that she has never been offered a bribe.
-The citizens consider the Members of Parliament to be almighty and that they can help them with their personal problems and requests. I have often been in situation where the citizens
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approach me with a request to find them a way to employ them in a state institution or in a public company. For instance, they come with an attitude that they were told to come to me as I could help them. They happen to say: I have voted for you and you have to help me. They usually ask for employments in the police and education. That kind of “favour” is asked by young people who have just finished university or who have been looking for employment for a long time, as well as workers who have been made redundant- says Grkovska.
She explains that one of her opportunities for help is the way to find job advertisements for employment in public administration which the interested citizens can apply to. However, she adds that at that point her help stops. Grkovska notices some absurd items. She says that there have been instances where citizens who present themselves as social cases and who ask for any kind of job later ask for a well-paid job.
- I can help them and not employ them. There have been instances where I come across to some job advertisements and I draw the citizen’s attention to them. However, I have to say that there are people who do not look for a post but choose one. They do not want to work as cleaners. They say: “Me, to work for 6.000 denars? Absurd!” I have been in situation where acquaintances of mine or some companies phone me to tell me that there is a need for certain profile of qualifications and they ask me to indicate who from the citizens I maintain contact with would be appropriate. I offer that kind of possibility to the citizens at the meetings in the contact-office. We have data about the specialty and the profile of the citizens, so I offer them the chance to make contact with the company which is looking for certain profile. And that is all- says Grkovska.
The office in Gazi Baba has been visited by more than 300 citizens for a year and a half. Grkovska says that at these meetings don’t only come citizens from the municipality and Skopje but also from other towns in the State. The media picture of political party convenience The media picture of political party - I do not turn down the meetings with the citizens because the opinion that the MPs should meet only with those who have voted for them from their election precinct or only with citizens from one municipality is mistaken. However, they have to understand our obligations and competences. We as MPs do our best to make things clear to them. We are here for them to attend them, they should say whether they can contribute in passing, amending or altering certain statutes in the law, to push forward for accepting laws by certain ministries. We also do our best to draw their attention to the fact that we are not here to solve their personal problems –explained Grkovska.
The ex-MP from VMRO-Democratic Party for Macedonian National Unity and present mayor of Gazi Baba, Koce Trajanovski, retells about his experience from the meetings with the citizens from the municipality. He also asserts that there are citizens who come to these meetings with requests for their working status to be solved. A favour for employment is usually asked by social cases and workers who have been made redundant. There is not an age limit-says Kocevski. - The unemployment is the main issue to the citizens of Macedonia and therefore it is considered usual people to come to the MPs with requests of such kind. As I belong to the oppositional political party, situations like these were rare. Although the citizens take every possibility to “pull strings” even at the MPs from the oppositional parties. People consider that they can be helped in that respect. However, frankly said, we can do very little. I have found myself in situations to be addressed by social cases. Firstly, we inquire whether the citizen is really a social case. If that is affirmed, I do everything in my power to help them. However, we have mostly done interventions. For example, a company should be closed down, and the person is about
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to be dismissed from their job. Well, it has happened in cases like this to “pull some strings” and “to have the job done”-says Trajanovski.
He says it has happened to him for a few times that some friends of his from few companies in Skopje to look for people who would like to work.
- That is the easier side in negotiations like this. Companies and enterprises have phoned him to ask for workmen. I have indicated the citizens who have qualifications for the profile. However, my general evaluation is that there haven’t often been cases like these, at least not with me. There have been examples where the citizens asked a part of their personal problems and interests to be raised as issues in the House of Parliament- says about his MP experience with the citizens the present mayor of Gazi Baba.
23 citizens and non-governmental organizations addressed the contact-office together with the Assembly of the non-governmental organization “MOST” in the period from 6th October to 31st March, with pauses because of the Presidential and local elections. In “MOST” it is said that since then citizens haven’t required this organization to arrange meetings with the MP in which whey would discuss personal matters, nor have citizens asked for “strings” to be pulled for employment in public administration. So far eight citizens have asked for meetings with MPs. Meetings have been initiated by ten non-governmental organizations, four confrontations with the MPs have been organized by the contact-office, and one has been prompted by the President of the National Assembly.
Nevertheless, they point out that one of the main reasons why they have decided to open an office for citizens and to promote the project “Mobile Parliament” were the people’s endeavours to extort employment in the public institutions in the state through the MPs and politicians.
- So far we have not come across cases where citizens request meetings with the MPs so that they could extort either help or additional meeting where they would be able to talk about employment. The citizens in their requests have to state why they initiate the meeting. When we started this project, “Mobile Parliament”, we faced such situations. Since the citizens weren’t familiar with the obligations and the authorities of people’s elective they considered that they were able to ask for favours about employment or to ask for solution to any kind of their personal problem. That especially happens in smaller places where the MPs can go out in a café bar and the citizens can easily approach them and talk to them about their problems. I would put into consideration the possibility of asking a favour for employment in meetings of that kind-says Slavica Biljarska, the spokeswoman of “MOST” She says that very few citizens know that civil office exists through which meetings with the MPs can be arranged. -There have been civilians who did not even know how to contact the MPs. It takes a lot of effort into informing the civilians what the MPs can and what they cannot do- says Biljarska. THERE IS NO EVIDENCE ON WORK INTERVENTION
The phenomenon of using contacts and social function by the MPs, politicians, Ministers is widely spread in our State, - assets the expert about criminal law, Nikola Pupancevski. He points out that this is illegal and that in cases like this citizens are subjected to sanctions, but at the same time it is difficult to prove as there is no material evidence. His opinion is that such interventions
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exist in the health care, educational and judicial system. Tupancevski says that there is no exploration of such kind in our country.
- Even though, asking favours for employment in public institutions is widely spread, such abuse cannot be proved because in this case they do not trade with material goods, but with interests. In our country the phenomenon of nepotism and cronyism is at large extent. Relatives and friends are employed. Once again, nobody seems to react against this, though such preferences are to be sanctioned. For instance, according to the act 359 from the Criminal Book of Law it is said that the person who takes award or any kind of benefit by abusing their official or social position and influence in order to intervene, shall be sentenced to pay a fine of certain amount of money or sentenced to about three years’ imprisonment. Very often it comes to a misuse of the list of candidates who have applied for the job in the public institutions. According to the Book of Law about state employees, the candidates apply from an advertised job. Afterwards, the list is graded from the better ones to the worse ones. What the problem is that there is a decree by which the Minister has the right not to obey the list. In that way, for example, no matter whether someone has “pulled stings” or is member of the same political party and they come 49 on the list of candidates, the Minister may decide that person to obtain the job- explained professor Tupancevski.
He considers that this occurrence may be repelled if the so called merit system is applied- Tupancevski cleared.
- Only if there are more severe standards of employment, a possibility of being promoted and taking responsibility for the position, this phenomenon may be repelled. This means that in the Book of Law about state employees the decree referring to the Minister must be immediately altered and it should, and must state that the list of candidates have to obligate the Minister. In that way the Minister will be prevented to select a candidate who is either a member of the same political party or has a good background to obtain the post. The system is in a rudimentary state at the The media picture of political party convenience The media picture of political party moment.
...AT THE END...
The headline of this chapter does not end grammatically correct, with a full stop because simply said: the end has not come yet and there is no full stop. There should be a termination of all these phenomena which degrade us as people, citizens of Macedonia, and especially of those negative situations which have been hosted for such a long time that they have become a part of our mentality. It is high time we sweep our yard without anyone from outside to teach us how to sweep it. According to a Macedonian saying says: A handy man would make a house out of a brick where as others would ruin it. And what is the most important; we should start from the very beginning, from the most ordinary things: “You do not need the cousin who works in the Bank in order to receive the summary of the last six months- wait in the line and you will receive it according the regulations.
We do not have cousins everywhere, and that can be annoying sometimes!
“Your cousin who works for the Bank will annoy the neighbour, but the neighbour’s cousin who works for the Casualty will annoy you the next day”.
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The end of this protector ship, turning a blind eye, the nepotism, corruption, pulling strings or no matter how you call this phenomenon is very close, it is right behind the corner. However, one should be aware of that, to locate it and at the end to uproot it.
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Montenegro
by Gligor Bojic
Public Administration Reform and Young People
Among the conditions for entering European Union, radically reformed administration and legislature are gaining more significant place and more often, the stress is put on the development of national public administrations that after the European Union entrance they would be ready to accept “union achievements”, which means they must be organized and to function in the way that would afford them to participate in all decision making processes and in all processes of using European regulative. It is about a complex procedure that awaits us on the road to EU membership, where established concept for cooperation that EU gives to its potential members, which means financial, cadre and technical help, really encourages. Successful public administration reform as a continuous and quite difficult process, among other conditions, predicts high quality legislative regulative. In the strategy for Montenegrin administrative reforms (Strategy for Montenegrin administrative reforms 2002 - 2009, Podgorica, March 2003) that was adopted by the Montenegrin Government in March 2003, in the period from 2002 - 2004 there were dominant legislative projects, while in the other period from 2004 - 2006 and third (2007 - 2009) there would be dominant organizational and functional projects, factually implementation of legislative projects. In the law for public administration, adopted in June 2003, explicitly are pointed out contemporary process principles for administrative acting like principle for legality, principle for professionalism, independence, principle for equality, principle for publicity, principle for decision making in defined terms: “prompt decision” from administrative body, principles for state responsibility for damage of illegal and improper work; principles for political neutrality. The most important question of the possibilities for providing successful administrative The media picture of political party convenience The media picture of political party reform is question if there is enough absorbing power in the administrative system. The problem is in capability for providing transforming and reforming process and how to increase this capability. Realistic answer is developing a program for professional training and edification of the administration employees, developing measuring system for the work succeeding and stimulation and sanctions for not working and improving of intensity of international experts and scientific cooperation. In that context, administrative system should obtain: 1. qualifying certain number Montenegrin workers in the field of systematic state administration development (organization, methods and working techniques), 2. obtaining organizational basis for establishment and work of national institutions for managing with human potentials.
In Montenegro there is no principle for competency and principle for equal chances - says Professor Srgan Vukadinovic from the Center for Sociological researching. It does not exist except in certain situations. We could send people on some diplomatic academies, we could send them on some special academies like those in France, but anyway these persons go there under certain firm and will of a political group, which is in that moment in power. If tomorrow by some chance comes to power political party with totally opposite standings, they would not recognize that people. Regardless to the fact that those people have finished Diplomatic Academy in Paris or Academy for work in the administrative bodies in Bon, they would not recognize them. They would recruit their own cadres that maybe would be send to the same schools again on the expenses of Montenegrin budget. This way principle for giving equal chances and principle for competency in Montenegrin conditions could exist only under some circumstances and they are less then 10%. More often exists principle for belonging to some clan. It does not matter if it is policy, party, relative, clan because Montenegro is traditional society and in traditional society
168 The media picture of the political party convenience Between the political convenience and equal opportunity knowledge, professionalism and professional ethics does not play important role. More important is that other thing. According to the agenda for the reforms in the public administration from 2003, in the administration should be include and kept the most professional cadres from who depend its functioning. Working conditions for these cadres must be competitive to the private sector because this is the only method for effective, legal and rational working of administrative apparatus. However, when young people see this structure in which only through political party is possible to enter and to gain to some position, their engagement look in two ways: or through NGOs - civil sector and economy or through political influence. Young experts in the first engagement see one significant field of their own working, which is good. Because world tendency today is not to have sure certain existence, not having certainty of working place. You simply fight with the professional knowledge that you posses, with your professional specialization for a place within the scope of economic and social ambient, in our case, Montenegro. If this chaos in destroyed state structure has brought us something good, that it would be the fact that young people that study faculty or finish it, are aware that there is no sure working place, once for a lifetime given job, but you must be penetrating and posses flexibility and that is very important - says Vukadinovic. People from middle and senior generations are today somehow discriminated in comparison to the new generations. It is clear. These are people who think differently, their job philosophy is different, they think in codes of other system, system where their working place is guaranteed. Young people have not lived in that structural segments of consciousness where that certainty of working place exists. Today they live in conditions where every type of uncertainty is present everywhere. Europe would accept Montenegro through that non-governmental, non-state sector and that might be real governmental corrective. Because civil sector indeed is a governmental corrective. Smaller number of people, of course, realizes their engagement through political activities. However, I think their number is smaller. I think they have permission there for a short time and they would not give results on long terms. I think of a development of one professional philosophy in which you engage yourself constantly, you get richer all the time, you develop and distribute your ideas that all brings you permission for the market of ideas, political market, job and socio-economic.
HUMAN RIGHTS CULTURE AND POLITICAL DISCRIMINATION
Political discrimination in the previous mono-party system, in practice meant that one could not be active in all social processes, i.e. could not find job if there was not support of particular ideological - party structure. Therefore, one who was not governing party member or some governing structures could not expect professional affirmation and often even life existence. That practice has come in present times and everything that in Montenegro is going on is a consequence of constant braking of human rights and citizens’ behavior that with citizens’ non-activity, passiveness and obedience bring to affirmation of standpoint that you should be subordinate to power and always satisfied. Montenegro is still not recognized as society with human right culture. Arousing these right, obedience would be eliminated, social and political culture would be promoted, dialog, communication would also be improved, as well as critical thinking, it would strengthen power and change standing of individuals toward government, regime. According to Ph.D. Vojin Dimitrijevic indicators for human rights culture deficit are: 1. absence of consciousness that human rights exist; 2. not knowing their own rights and tolerate their braking; 3. deficit of self-esteem when the question is about realization of these rights; 4. unconcerned towards others; 5. deficit of solidarity and
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6. not readiness to stand for others human rights and existence of discrimination.
Building a human rights culture society is a long and complex process, process of society maturation and all its members, achieving and developing habits, practices and customs to respect rights - through initiating of education on every level and in every shape, formal and informal, as well as with change of behavior models. In promoting of human rights culture important role play all subjects in the society. Special role have education and media, which are two very important segments in defining of any population consciousness. Montenegrin University in the previous period dominantly has educated people until obtaining bachelors’ diploma. In comparison to the world universities, number of students on M.A., especially number of Ph.D., is far from the expected percentage in comparison to the number of Bachelors of Arts. Montenegro is far from the situation when for one place in economy or in the university, there would be more Ph.D. It is not only far from that aim, which is reality in developed countries, but is far from the minimal needed number of people with the highest scientific title that could response to the demands of University and economy. Beside that, Montenegro does not see its young population as strategically important society category that shows the fact that the number of Bachelors that by their own means have gone across the borders, for the last 15 years, only from Montenegro is 20 000! For that number of relatively young, educated and able people was deprived Montenegro. Other fact that percentage of unemployed among young people (27%) is significantly higher then total number of unemployed (22%). All political parties in Montenegro think of young population only when elections come and when they need their votes, activities and dynamics. To go on field, to attract new voters, to control voting posts and to do anything that electing engineering means. In the moment when all that finishes they forget about youngsters - explains sociologist Srgan Vukadinovic from the Center for sociological researching. Because if it was the opposite situation, there would be always open funds that would provide young people with scholarships, and other stimulations to go abroad. Competitions would not be opened only periodically when elections are coming or in crises. On balance, the government and political parties The media picture of political party convenience The media picture of political party care about young people only from case to case and when something is in their interest to accomplish some things. Moral breakdowns that have happened for the last 15 years have totally confused young people and they could not recognize values that are to be treated and that should be focused on. Through the educational process, we must develop values of one present contemporary democratic society. Values of modernism and not traditionalism. Referring to tradition and talking about some transitional values and their treatment through the 2005 is a kind of brake for modernism and prosperity in the modernistic tendencies - thinks Vukadinovic.
Knowledge, capacities and work, characteristics that are valuable everywhere in the developed countries, here have no worthy. Special problem, according to Ranko Kodic from Serbian Peoples Party is educational system. Student on the faculties are afraid to express their ideas because something bad might happened to them. If you forbidden to a young man to express his/her idea, even if they are wrong but anyway progressive if you put them in a mould you would get an obedient not a creator. University instead of development of free thinking it develops poltroons. It is impossible at 800 professors at the University not to exist critical review to a work of the governing regime.
Destroyed social treasure and moral values that have existed it is very hard to fixed or again establish from material. In those cases social perspective is, according to professor Vukadinovic pessimistic because you cannot see the end of that destroying. Value destroying goes on, he says. With the help of EU, we destroy some values and capacities that we used to have. Educational system is the last thing to be done, with the principles that are imputed in Montenegro and that we accept them generously much more then
170 The media picture of the political party convenience Between the political convenience and equal opportunity anybody in the region. At the moment one of the most significant Montenegrin resources is destroyed. The most difficult is to change people’s conciseness. And that transition of conciseness is what we need. Much more then economic and political and legal structure transition. I always quote one great author, Ralf Darendorf who has said: “For transition of political structure 6 months are needed. We would bring laws, we would change the Constitution. For conciseness transition we need 60 years”. And if we find out that transition after 15 years is much more far then it is now and that dynamic we use for a conciseness transition, i.e. changes in peoples heads that live here, then it is sure that we cannot be optimists - says Vukadinovic.
Media role is also very important. They could make closer to people ideas and content of human rights and give examples of their breakings. Because of a huge influence on public opinion, their contribution is great against the intolerance, understanding of differences, giving support to different social groups in enjoying their human rights and freedoms in cultural, political, social or any other field of public life. However, nowadays in media criteria of value scale have significantly fall down. Below any minimum. Today you can publish anything, says Vukadinovic. Especially it is dangerous to publish something, which is not scientific truth, but some logical, ideological, or religious truth. Because those are truths that are impossible to be proved by methods that are scientific. We cannot in 21st century establish values based on non-scientific knowledge. This is where the Centre for sociological researching it is, which should incorporate theoretical and empirical knowledge in one modern code of Montenegrin society in one development of modern social structure of Montenegrin society, free of any non-scientific knowledge, knowledge that have not got any personal system, that are impossible to be proved and those are religious, ideological and logical knowledge.
POLITICAL (UN)CULTURE
Rule for democratic structure is that after the win on the elections, party that have gained the power, on political places, i.e. on the posts of ministries, assistants or deputies, put people from its own political establishment - says Vukodinovic. On those professional places where that request good knowledge, professionals are employed. At our country is not that way. Significant problem in Montenegro is not having a political culture. Not only in Montenegro but also in the ambience of Southeast Europe, the rule is that on the places for highly professional persons come people from the political establishment by political belonging. Measurement for democratic capacity of every political party is expressed by quantitative measuring that shows that party is ready in a case if it is winner on the elections, to include people from other political parties that have maybe gained small number of votes. Or to involve people that do not belong to any political party or NGO, i.e. civil sector, but work through civil sector as independent individuals through own projects. So, this is how democratic capacity of each political party is measured and this is the best measure that could be quantitative defined. If the party that has won the elections puts only its own cadres then this practice is the best measurement of its democratic capacity. However, in our conditions does not exist such a political party that really has democratic capacity that allows party plurality. Parties could simulate that they are for a plurality but they do not accomplish their work. And their basic business is to take absolute power no matter how they are acting in the face of Europe, world, international institutions, civil sector that they are for dispersion of political representatives.
Indeed party are closed systems, closed institutions. This is for all parties. Even for those who come from developed democratic regions and have prerogatives for decorativeness in their names (German social-democratic party is one leading party, which is leading in socialistic international, but authors that have researched it say it is bureaucratic, i.e. oligarchy in rows of that party) they are closed institutions that fight to win absolute power. Situation is different if they do not make it. In those conditions, they want to show their democratic capacities, at least verbally. Special issue does not exist of a political consensus in Montenegro. It declaratively exists, but in a case when they get into discussion on some key questions every side stays in their trenches deeply buried. No one wants
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to give in his or her principles. This is a consequence of not having a political culture in Montenegro - concludes Vukadinovic.
EXISTENCE OF POLITICAL DISCRIMINATION IS DIFFERENTLY COMMENTED
Director of non-governmental organization Group for changes (GFC) Nebojsa Medojevic has said that Power in Montenegro has promoted loyalty as only criteria for employment and in previous 15 years institute competence for employment within state administration bodies was forgotten. This government has shown that has not political will to reform itself and functioning of the Government, state administration and to provide public companies with standards for good management that eliminates nepotism, party membership and corruption - thinks Medojevic. This way actual Montenegrin power sends massage that only those young people that would be loyal and obedient could expect a job in these state structures. This was actual in the process of employment of young people with lower educational degree in MIA of Montenegro, where all of them must have been activists of the governing party. That way a huge voting machinery is formed because from the budget salary get more then 30 000 employees. That is the biggest reservoir of voters from DPS and SDP - states Medojevic.
With previously stated standpoints agrees the spokesman of Peoples Party (PP) Budimir Dubak: when it is about employment, politic plays deciding role. Correctly, one type of contra politics, where is deciding party belonging and regime lobbing, and not professionalism and youngsters capacities that compete for a job- thinks Dubak.
Deputy from Socialistic Peoples Party (SPP) in the Montenegrin Parliament, Radomir Dukic, states that in the moment in Montenegro, political belonging have become the most important criteria for getting a job, which is especially manifested in local and state administration, public companies and The media picture of political party convenience The media picture of political party institutions, but also in the private firms. It is common knowledge that party belonging, i.e. regime loyalty, have provide to many people obtaining enormous treasure and later privileges and privileged position in the privatization. New owners in the process of employment and selection for the managers positions in their own companies mainly have paid attention on party belongings and very often have satisfied requests of governing structures - says Dukic. Opposite is the standpoint of DPS spokesman Predrag Sekulic. On the question how strong is the influence of politics in the employment of young cadres, he answered its not strong. I do not think that has strong influence. More affect, luckily, now in Montenegro have success, professionalism and knowledge of the candidates that compete for a job - said the DPS spokesman.
Deputy-president of the Montenegrin Parliament and SDP Rifat Rastoder said that is obvious that in employing there is every kind of protectionisms. Judging by the huge number of requests for intervening or directly for employing, that everyday come to my cabinet I can say that in the process of employment there is protectionism of every kind. Pressure is huge. I do not know how is on other addresses but because of the fact that I stand for that cabinet should be open for the customers, I get used to that in journalism and from my activities of getting such requests - states deputy president of the Parliament and SDP. Reasons for protectionism are multiple - beginning from the bad economic situation in the society, ending with the standards and rules for behavior in our society. I think that bad situation has brought a situation where in parties there are fewer members because of party program aims and more members that recognize some interest in it. It is not correctly to be categorical without any exact research but I think that is the real situation.
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Moreover, I think that we should not eliminate from this story oppositional parties, because every party has certain space for influence where certain sympathy to that political party exists. Every discrimination is a sign for uncivilized relation and of course is no good. That is program standpoint SDP - conclude Rifat Rastoder.
With this standpoint also agrees his party college Ranko Boskovic, director of the Tivat airport and SDP functionary, who says: there are certain deviations in including young, educated, professional cadres in the public administration. In common in the domain of the public administration is to protect its positions and privileges, established on the basis of completely irrational structure from “communistic” times. Such a behavior in general is an obstacle in the developing process and changing of way of thinking. Whole Montenegro is overloaded with political party governing and parties from the local level until the top. SDP is political structure that allows other thinking and standings within the party and I believe that such practice could create new and quality decisions. However, even SDP has not eliminated past burdens. Conditions in which it works force it to separate; less is better, same methods of behavior as well as other social subjects. Truth for will, SDP by the age of its members and functionaries, the youngest Montenegrin political party and that fact shows that we really want to correct our mistakes and start acting like real European party.
Nedelko Durovic from Citizens Party states that in Montenegro still govern party interests behind which usually stand private. I do not see that managers of this country have used to think like their European colleges. My party fights against that kind of things and against that kind of thinking but we are not strong enough and governing is lobbing very hard. Luckily, they have started to understand and to change although is slowly and with too much resistance - says Durovic.
Nowhere in those has political fight done not stands principle for reciprocity in connection to the members of other options. We are very plastic example that political selection has stopped us in solving any issues, i.e. adopt any standards without thinking who is from which party - says Sinisa Bjekovic fro the Center for human rights. Here I think Montenegro but it is the same with Serbia and Balkan. It is enough to take newspaper and to understand that many things here are going on in connection to party belonging. Starting with employment until the end of the career In the middle of 90s, i.e. ‘96 famous conflict i.e. split in the biggest political party in Montenegro when in one-month whole not garniture but bodies, over night have changed. We witness political obstruction i.e. political discrimination. Instead of a short period I am afraid that we still live in the same political climate, professionalism and expertise are only citizens will. Center for human rights have experienced something because it arouse a case for one resigning. It was not in a political connection but in some of the evidences it was found an attempt to label himself as someone that is not in accordance to the promote philosophy. Center has one experience in MIA where a man was resigned from work because of his surname, because his surname has some political connotation. We cannot resign some cadres only because they belong to some other political option. I speak about the executive consequences of such policy that in ’96 has made purge. Now I have remembered of one example from diplomacy of SRY, all that cadres that were loyal to other garniture were simply eliminated and on their places, they brought cadres without any experience in diplomacy. You can imagine situation where as one serious state you create diplomatic system ands thanks to the evectional results in a period of two years you change diplomatic cadre. What kind of strategic orientation that diplomacy could have considering some state issue.
In a period of nineties, when multiparty system was adopted there was great resistance against national minorities. Almost in every structure in police, in parliament and where there were representatives of national minorities in a very short period of time were resigned from work. They were earlier retired or there were such pressures on them that they were forced to resign from that work and search for a new.
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Political discrimination proceeds further in1997 when first split appear in Democratic Party of Socialists where usually from police were resign those who were pro-Serbian oriented to one DPS wing. Aleksandar Sasa Zekovic, human rights protector is well known with the similar examples. Example of group of workers in the factory in Tivat in a period when NATO intervenes in Serbia and Montenegro - says Zekovic. That group of workers in Remount factory because of personal, civilization, philosophic, political, national reasons, has decided not to be on duty for the Army of Yugoslavia. They have avoid obligations using one legal possibility as a police reservists would be in the reserve structure of that body, thinking that they have certain reasons why they do this. This case in connection to the political situation in Montenegro and direct consequence to this are escalated relations between Montenegrin government and Milosevic regime in Belgrade. When we examine this case, we should take into account that whole war system in Montenegro was under direct control of union administration headed by Milosevic, president of SRY. On the other side Montenegrin Government, strive to strengthen MIA in a case of deteriorating of the “security and political stability”. Government in Podgorica in the moments of war status has rejected to put Montenegrin police under unique control army i.e. high command.
Of course, army bodies have noticed that is political insisting and leave that group of workers without a job. How big political discrimination in that period in Montenegro was speaks the fact that on the door of Remount Factory was written that entrance is forbidden for the representatives of reserve structures of police.
According to the rules, distribution of army servants is done by army-territorial bodies that take into account only interests of Yugoslavian Army. In that time representatives of Montenegrin Ministry of Internal Affairs were treated as “traitors”, it was impossible to expect from them to take into account requests from Montenegrin police.
The media picture of political party convenience The media picture of political party It reminds me of some historical times when you forbidden people to enter in institution from which his family lives. Consequences of breaking these human rights and political discrimination, besides many indications and readiness of official bodies, especially presidential cabinet, to offer these people competent means for the damage because of a political stand that did not influence work, consequences were not eliminated. Those persons were not returned to their working posts and from the other side nor Montenegro neither State Community did not paid them for the damage - says Zekovic It is interesting also, one of my experiences before couple of years. During the interview or workshop I found out that for one region of Montenegro, when someone wants to get a job in a public institution, a particular state body asks for a political party. It is dangerous cadre politics not to consider serious in the subjects that get into job such persons for which other decides, when how and what number to employ.
Nevertheless, there are positive examples. In a period of bad relations between Belgrade and Podgorica administrations, two workers from the Ministry for defense in Plevlima, as minority representatives, politically discriminated have lost their jobs. There was a proceeding. Proceeding was successfully ended and was shown that it was discrimination, that resigning from job was without reason. Court stated damage to be paid and persons to be return to work. There was a resistance for their return to work but at the end, they return to their working places. Therefore, there are still positive examples of elimination of such consequences - says Zekovic, but the truth is that most of the cases are unsolved. Professor Srdan Vukadinovic does not neglects the statement that in the highly-professional apparatus, as the Montenegrin Government should be, such discrimination elitists. However, if we go
174 The media picture of the political party convenience Between the political convenience and equal opportunity through the ministries to see the cadre structure, I am sure that we could find civil servants from SPP. This has been inherited in 1997. Those persons after the split have step a side from SPP but not obligatory but formally, but with their political believes and seeing things. Moreover, I am aware of that there are persons in the ministries and the Government that could be counted and concluded as a member of other political parties. If you do such analyses in a good part, it would be based on facts. Nevertheless, it is obvious that for a particular post, you need political belonging and sometimes it is the only criteria. Therefore, we speak of a hidden political discrimination. Canals of such discrimination it is difficult to discover. These canals are usually relatives, clans, friends, brothers, etc. We are aware of the fact that in 7th battalion and Special police force people were employed on political base. Therefore, a man could not enter there if he does not think that way - pro-Serbian or pro-Montenegrin variant. We have spoken this language 15 years before. Language of 2004 and 2005 does not recognize these codes.
Professor Vukadinovic knows other type of political discrimination, which is called “legal”. That is when governing party brings to posts deputy ministers people from some parties which number of voters was small, considering that would give them political points. Interesting example is Citizens Party that on today elections would not gained even census to enter the Parliament. Special case is Social-democratic Party of Montenegro that is the only party from all parliamentarians that have never entered the Parliament independently. However, in coalition they gained numerous seats. Professor Vukodinovic call this political forcing, i.e. political discrimination for the people that are experts. Because in the professional apparatus large number of SDP have entered at the expense of young experts. Party that have never entered alone in the Parliament and it takes huge number of places as well as places in the experts apparatus. In such cases, you are forced to put aside expert people because SDP asks for it. This is classical type of political discrimination. I know many people that were professionals, Ph.D., that has worked in Governmental bodies. They were put aside because of party agreements with SDP that has asked some of those places. You must remember of one offer that everybody thought it was not important. For example, deputy governor of bank, deputy minister of finance, chief of state defense, deputy minister of justice. So, it is about not so important places but able to block ministry work, especially in the places where agreement is not so stable and you could threat with governmental collapse and unstable power. SDP as well as Liberal Union 4 years before, in a similar principle really skilful has made it and today there are assistant minister for finance, assistant minister for justice, in police assistant minister, where in a moment there are some disagreements, and first man cannot make any move because his hands are tied up. This is also a method of control for the employment policy based on political agreements.
If we take into account, their political rating that is on the bridge for census for the Parliament and the number of their functionaries and civil servants in state administration, state funds and public institutions / companies, SDP is well known as party that uses its disproportional political influence in employing its people in state services.
EXAMPLES, EXPERIENCES AND PRESSURES THAT HAVE EXISTED OR EXIST WHEN IT IS ABOUT EMPLOYMENT
Rifat Rastoder from SDP has said that with the fact that request which have come into his cabinet send to particular addresses to possible posts for those cadres, somehow he participates in that protectionism that he does not think is good, but in this situation he is forced to do that. - There is a pressure from the citizens and fact shows me that something is not OK in the functioning of rules and system in that field, i.e. functioning of institutions that work that. If so much requests come to my
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cabinet, if there is such a need for interventions then is clear it is about protectionism. And the reasons are many - from the bad economic situation in the society until the standards and behavior rules - considers deputy president of the Parliament.
Functionary of DPS Predrag Sekulic states that people come everyday looking for a job. - Everyday young people call asking for a job. However, our unique possibility is to direct them to state institutions - Fund for employment - Sekulic is categorical. Spokesman DPS says that in his surrounding not employed are brother from uncle, cousins, sun of his neighbor, wife of his school friend.
Director of the NGO Group for Changing Nebojsa Medojevic has been resigned because of his book “Privatization and Corruption in Montenegro”. Right after the faculty, he was employed in the Agency for economy and country reconstruction as unique representative from oppositional party (SDP) that has been employed in the state Agency. My personal experiences with the last director of the Agency, Misko Lalic, were very good because I have his protection then from the hawks from DPS who all the time have criticized his process of privatization and reforms in Montenegro. However, when my party SDP won the elections 1998 I was resigned from that government because of my book “Privatization and corruption in Montenegro”, in which I have discovered and documented three huge corruptive affairs in privatization. Instead of starting an inquiry and punish responsible persons I have lost my job. From that, moment there is no job for me as a consultant in Montenegro, though on other market I was very successful and in very tight competence I gained the biggest privatizations (Vital , Knjaz Milos, Zorka Pharma, Soko Stark, Telecom of Serbia etc.) the same is today. Simply if you are not part of governing clan, there is no work - explains Medojevic.
Radomir Dukic from SPP states that he has not got any problems with employment. Personally I have not got any problems. While I was on managing posts in a company I was not politically defined but employment policy I have lead in accordance to the requests of the company not accepting any political demands and blackmails. I believe this is familiar to all that I have worked with - says Dukic. The media picture of political party convenience The media picture of political party Spokesman SPP says that he knows numerous examples among his colleagues and friends where because of political believes they have been changed from their working places. I am not familiar with any example that on managing position in state administration was named a person that politically does not belong to governing party - states Dukic.
Ranko Kadic from DPS says that getting a job based on political believes is common thing in Montenegro. Today to claim that there is not such thing or there has not been could only person that has not lived here or is bad intentioned - explains Kadic. Many people have lost their jobs because they did not want to belong or support particular party. Personally I have experienced what does it mean to be involved in politics and I am the only citizens of Montenegro that have judgment that have lost his job because of political belonging. Now I am taking judicial proceedings against a hospital and that is Sisyphus job. I was judge in ’96 when I was 38 as technological redundancy. Then I was (and now I am) the only specialist for nuclear medicine in Montenegro. It was a funny explanation. After nine years, I am still fighting for my rights - bitter Kadic.
Example of discrimination from Plevila
Functionary of SPP Novica Stanic states that when he was getting on job there was no protectionism. Luckily I finished medicine 1974 and start working, with that faculty there was no need of protection and without any problem I got the job- tells Stanic Functionary of SPP told us about an example from Plevil that has happened nowadays and confirms his story about political discrimination in Montenegro. I ask one director in Plevil who is DPS member to employ my friend
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(who is in a very hard position and he is very adequate for the post he wants) and he said that because of the professionalism he will employ him. Besides that, I told him that person is not a party member because I think that way. When I thought that my request would work out, my friend told me that he is a member of DPS. It was not clear for me and I was asking - How!? He explained to me that - couple of years ago he worked in a state firm and in order not to be resigned, he must become a member of DPS. Therefore, he MUST sign that in order to work on particular period - says Stanic. Stanic points out monopolistic position that is abused by Democratic Party of Socialists and states that Socialistic Peoples Party does the same when it is about local self-government that they controlled until the last elections after which his party has participated. SPP has been acting the same way only they do not have the mechanisms for abusing power like DPS. They do not have police, Coalmine, etc, and the biggest misuses are done to those places. For example, mine before the elections has obtained 300 new miners, although they do not know what to do with already employed.
An example from the Centre for Culture from Andryevica
A case of Romana Lalic former manager of Andryevica library, today a journalist of the independent daily newspaper Vijesti, is a paradigm for discriminatory relation against political opposites in this small town. “I want to forget Andryevica, but still in my bag I carry these papers that always remind me of it. Here is my request to be direct to give professional exam. Here is the evidence that instead of me on the exam went sister-in- law of Centre for Culture the time director, who even was not a library worker and was in the bureau for work. After that mockery, I received caution that I should give that professional exam in order to stay on that working place. Of course, I pass the exam on my expenses with the help of the Central library of Cetinye. Caution was written by my ex professor for literature, Bozidar Zonic, where I have always have excellent grades. When I finished literature and got back to Andryevica, Zonic has changed his attitude towards me because of political reasons. He was great exponent of great Serbia and I was Montenegrin oriented. Then all this has started” - tells Romana. Pressures have become merciless when she started writing honorary for Vijesti: “I have done that because of existential reasons. In April last year all my incomes were eliminated, salary, meal, transport, but they have not resigned me. I continue to go to work”. Situation from day to day was becoming more and more intolerable and Romana at the end has decided to put full stop to that story, moving to Berane and dedicating to a professional journalism. But, Andriyevica has not put full stop to Romana! “Because of my writings about January happenings in Berane, when they were not able to violate me, they have left my brother Igor without a job, who has worked in Forest administration in Andriyevica. In the resigning letter that has received while he was on vacation, there was explanation that the firm does not need anymore his working place although in the meantime they have opened five new working places. Igor still does not work. In Berane although there have been some resents against my writings, no one has still put a thorn beneath my foot” she says, illustrating political atmosphere in Andriyevica with the story that has been created a list of opposite thinkers. “I had the ‘honor’ to be on the top of the liquidation list, for which in SPP claimed that it was created by some idiots. On the list were even the kids of my sister,” reminds Romana Lalic.
Example from Primary Court in Biyelo Pole
As a judge for criminal offenses in Byelopole Primary Court because of the results, that has shown the layer Miladin Miki Joksimovic, he has started working in Prosecution and he needed six months of working engagement in order to be nominated for deputy higher prosecutor in Biyelo Pole. However, in November 1998 three of mine colleagues, deputies Higher prosecutor lost their jobs. Milosav Velickovic, Mirko Bulatovic and Tatyana Zizic they have been simply politically inadequate. Then my
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nomination did not pass the Government, so I have also lost my job. The reason was that we did not want to sign Democratic Party of socialist’s cards. There were some extreme situations as Velickovic and Bulatovic that have excellent working results in Prosecution and only because they did not want to be members of one party they have lost their jobs. I must stress that even I that time was not politically engaged but that case was one of the motives for me to become a part of Serbian Peoples Party - says Joksimovic.
Examples Kolashin and Moykovec
Example of Kolashin is also illustrated from the corner of employment of party colleagues in the services of local self-government. Ten years ago, Municipality Kolashin was employing 35 workers, and today there are more than 80 even with growing tendencies. Because new party that participates in government, SPP would also ask for its part among workers. This factor also emerges in the municipality Moykovec. Peoples party, which spokesman is Dr. Milovan Bogavac says: we would ask not only place director of the Culture Centre and Fund for Roads, but many more in order our members to be economic provided.
Example of discrimination in PE “National Parks”
Freshest example of discrimination is the case of Aleksandar Raznatovic, coordinator for ecology in Group for changes. Raznatovic was resigned from the PE “National Parks” because he publicly warned about an ecological catastrophe that could be caused by CAP - states Neboysa Medoyevic. He publicly announced and comment formal analyses from the Center for eco-toxicological researches and because of it was resigned. Man was doing his business, carries about the environment and was fired. He touched the interests of powerful lobby DPS about the Cooperation for Aluminum and that was enough to be punished. What is then the message for young and professional people - Be silent, listen and don’t ask. Who asks about the profession, common knowledge, science? Master is here to think and yours is only to accomplish - explains Medojevic. Well known is the questionnaire that Ministry for Internal Affairs has given to the police officers, in The media picture of political party convenience The media picture of political party which was the question of a party belonging.
Standpoints of discrimination are clearly reflecting on the citizens. in the questionnaire on one champagne in Podgorica they marked discrimination as one of the basic social anomalies. Fearing of eventual problems, they did not want their names to be announced.
Without uncles, aunts and the rest of the relatives, a child cannot even start school and not to talk about work. I do not want to name but I know a man who has a private firm and who could make a lot more if he was in DPS. However, he had many problems with the mayor of the city. Even his location was changed because he did not want to be a party member. Without names but I was a witness - says woman who does not want her name to be announced.
It is a sad situation when without connections even cleaner cannot get a job. It is pity in 21st century to look in the family trees and other things. One should know how to do the job and simply regardless to the fact what ones mother, father is. My mother could not find a job for a long time. “This competition is for this, this has intervene for this, you cannot because we have better protection for other” - these were the answers that she always get. She gets that job because there was no one else for that place. I witness those happenings.
There is enough pressure. We are that kind of state, so you cannot find a job unless you a party member, especially governing, there are no chases. I was a witness - says a young man who has experienced something similar. You could get a job if you take a blue card with Montenegrin badge. I did not accept that because I am not a party member and I am not interested in politics.
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I want to say just one thing. Connections exist in a great extent. I lost my job after 27 years in bank. When Central Bank has undertaken us over the night have started new employments, young, old with great connections, while my colleagues and me lost our jobs. They accept people that have never worked in those places, some of them have worked as assistants, cleaners, secretaries. Director’s assistants, layers, chiefs that do not have strong connections lost their jobs also. Now after 27 years of work I am on the bureau. I still have not right neither for pension nor for a new job because there are age conditions, they say we are old for work. How my children are going to find a job if they throw me on street after 27 years working. It is the last moment to be done something to put the end to those connections. Because relatives, friends, uncles, lovers come to working places and we got fired.
Experience from the Bureau for employment
I got a report from the bureau where it was written that you should look in the announcements and buy daily newspapers and at the end engage a friend. I think it is too much for one formal document to be written, “Engaging a friend” And we all know what does it means. A man that sits there suggests me haw to find a job and tells me: “guy, you are engineer for nothing, you could be a Philosophiae Doctor, doctor of electro-techniques, but if you do not have any connections you would not get a job regardless to your title”.
Who is to blame?
It is clear that DPS is the dominate party of governmental repression and despotic employment blackmailing people, by directing them to become members in that interesting group. SDP as their coalition partner, considering its minority, is demonstrating an enormous force in executing these types of pressure - it is pointed out in NS. Similar opinion has been presented and by SNP, where it is said that DPS and SDP are using their position for buying and awarding their members. Meanwhile, Kadic from DSS is categorical. According to him SDP is the owner of this infamous title. I think it is not DPS but SDP. That is in fact “Montenegro’s JUL”. They should be representing western social-democrats, but in reality they have nothing in common with them. They are small party, but fantastically arranged in certain places. So, young people although not believing in their program and goals, are thinking that through SDP will be easier to get to certain positions but through DPS, which is logical, because SDP it is smaller party. In this situation only strictly checked personals are hired, for example Ministry of Foreign Affairs; Health. This condition could be compared with the communist period, and we all know how it was the situation with employing in that period. SDP has the strategy to employ certain number of people to get certain number of votes, and they never appear in the elections as single party because they would have bigger number of members than voters –said Kadic.
Similar attitude has the Group for Changes. Considering their political rating which is on the edge of census for entering the parliament and the number of their officials and employees in state’s administration, governmental funds and public services, SDP is most recognizable as party that uses its irrational political influence in employing its men in public services. For DPS there is nothing to be said, because this is their protection mark. There is the famous inquiry performed in the Ministry of internal affairs, where every officer should declare its political orientation –says Medojevic.
On this question, we have received short answer from DPS. Without any doubt, that are oppositional parties because their officials act as if the laws of Montenegro don’t oblige them- stated Sekulic
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At SDP are pointing out that pressure is relative mater. Everyone in some way, from the most endangered one that is looking for a job to relatives, cousins, to political structures that are involved in situation like this one, which is a result of the total of the relations and the degree of development. It is difficult to say which party has the most, but every party according its power has some influence. I think that oppositional parties should also not be excluded, because every party has its place of influence, excluding the governmental organs which are influenced by the leading party- explains Rastoder.
THE PROBLEM SOLUTION - concrete measures that should be taken to change the current situation
One type of battle is the political criticism, medium awareness, thinks Sinisa Bjekovic from Center for human rights of Podgorica, On the other hand, the courts should be one of the models for solution this problem. Finally, there is the institution Ombudsman. Many are skeptical about this possibility. The ombudsman in his reports presents the Parliament situation. He is under constant monitoring of the international institutions, although we think it is hidden from the international communities. So, there are ways those examples to be opened for public and to be point at. Solution, maybe not so real at this point, could be Union organization. Union organization doesn’t mean that the partnership between the unions is based only on conversations about the profit. But, on protection of workers rights in the frames of the union. Directing the social revolt, not abusing it, towards protection of the rights of the workers, such as inexcusable dismissing from service and dismissing based on discrimination. I think that the relationship between the union, employers and the state should be strengthen, and the state in this case should be motivator and promoter, not judge. The Group for changes, according to words by Nebojsa Medojevic ,is strongly pleading for the practice of employing in public services, governmental organs and companies to be based on strict honoring the principles of good management which are developed and for decades used by the democratic and economic developed countries. Special attention should be addressed to the experiences of Hong Kong, Australia, Canada, also in the Scandinavian countries who the human The media picture of political party convenience The media picture of political party resources management and employment politics have developed to perfection. But, the necessary political will for radical reforms should be provided by the Government itself. First, there must be change of the government, because this administration will not change the system that is their creation, and it is providing great material benefits for them. After that political conditions for radical transformation of the Government into citizen’s service would be created, with drastic smaller number of employees, but fair choused on public and open Competitions on base of previous determined criteria. They will be adequately paid as professionals, not as party soldiers with only one cause their party to stay in power as longer as possible- points out Medojevic.
I’m assuring that with complete rounding of the process of transition of the economic and political system in Montenegro and finishing the transition of governmental-legal relations, would be possible to talk about signifying movements in creating conditions for eradication of protectionism, corruption, crime it is opinion of Rifat Rastoder, vice president of the Parliament and SDP. Governmental-legal status of the community should be solved because behind that question many other questions objectively stay hidden. Until this is solved some may its ineffectiveness justice with it. It is the key. Like many other questions that international institutions ask to be fulfilled if we want to integrate Montenegro in EU. One of the solutions according Radomir Dzukic from SNP is the development of democracy, democratic relations, which understands the rule of law and justice equal for every citizen regardless their political orientation. At this question there are only declarative expressions about acceptation of European standards for conduct, but there is complete opposite actions in practice. Laws that are received by the Parliament are not introduced where it is not in interest of the
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Government or individuals from the government and their surroundings like relatives, friends. It is the same situation as in the former period, only today, more often it is spoken about Europe, but in reality we have no democratic and no European behavior. The aim is to conceal the reality and to gain benevolent of the international community with the campaign for the European goals of Montenegro. The essence is to keep and hold the Government and with that the positions, privileges and safety of the individuals. The Government that has created this conditions and relations in Montenegro for sure can not provide the necessary reforms and European norms and standards of behavior. It is clear that those under which shelter was created and developed crime to concerning measures, couldn’t in right and effective method fight against this appearance, especially because individuals from the top of the Montenegro’s Government participate in it, which is shown in the Study for Maintenance. Today in Montenegro the most important and with the highest priority question it’s not about the state status, but changing the existing undemocratic relations and promoting the economic and social status of the citizens – concludes Dzukic.
Interesting are the results of the enquiry that shows how much the citizens are using home means for human rights protection.
Could I tell you that it is really a minimal number says Aleksandar Sasa Zekovic. What is it about? Is it about lack of information? Off course it is. How much the institutions that are interested in protection of human rights have informed the public? On the other hand there are many institutions, especially from the civil society that provide free legal assistance to the citizens, like in addressing to the defender of the human rights, in processing some of the claims, applications, addressing the court and so on. I can tell you that there is very small number of citizens that are using these possibilities. And on the other side in the media constantly we see citizens that in every protest, threat with Strasburg and European court for human rights. So I’m more prone to the usage of domestic means because that is also our technical obligation before we address any international body. The essence is that we as citizens should be more active, not to be just “talkers” who threat, but effectively to use the existing means. We could doubt and have not trust in our domestic institutions but it is necessary to use them. That is our basic identity document if we want to show up in front of any international body that characterizes as court. Also the problem could be solved by putting the political subjects into the right places in the society. They should be forced to realize that they are only one of the society subjects and are not the primary ones, the leading ones. The process of democratization, the internal democratization of the political parties and their real reform will provide that there will not be any false promises, and that the people will not be bind on base of those promises. That will be done on bases of ideas, programs, and principles. The reform of the local government will also contribute to these ideas and goals, production of certain codes for public employees, because in future the new governments will not be able to interfere much in the situation they find, but they will must guide themselves with clear and transparent criteria.
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Literature: 1. Verner Vajdenfeld, Volfgang Vesels (2002), Europe from A to Z, Bon, Konrad Adenauer Fondation. 2. Aleksandar Sasa Zekovic, Nikola Dzuraskovic (2005), Gradzanska citanka, Podgorica, Gradzanska kuca. 3. Grrupa autora (2005), 21 prica o demokratiji, Centar za gradzansko obrazovanje. 4. Center for Democracy and Human rights (December 2004), Transition in Montenegro, report no.24, Podgorica, CEDEM. 5. Sluzbeni list RCG, br.41/2003 od 10.07.2003, Zakon o zastitniku ljudskih prava I sloboda, Podgorica. 6. http://europa.eu.int The media picture of political party convenience The media picture of political party
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Chapter - III- Europization and Administration
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EUROPEANIZATION AND ADMINISTRATION
I. INTRODUCTION European standrds and practices
Public administrations in the EU Member States are obliged on many demands. Public administration in European countries according to the tradition, is a guarantee for the legitimacy of the state, it ensures rights of the citizens the same as social and political stability of the union. At the same time Public Administration presents social and political standards of the legal state, which has the responsibility for fulfillment of public agencies for provision of social and institutional linking which at the same time is a guarantee for stable organization of the union. The administration must meet the demands of citizens in particular demands of social marginalized categories, evaluation of public policies for assessment of their results and ability of realization indispensable corrections.
On the other side, with the establishment of a common European market and free economic activities in every EU member state, national administration becomes an important issue for implementation of economic activities that prevails national borders. Functioning of the Administrations means promotion of democratic principles and applying the instruments for modern government, that means real social dialog within the administration and legitimate utilization of public finances accompanied with control, evaluation and report. Social stability, economic guarantee and current laws are the main criteria for “good European governance”. State could not oppose the challenges without appropriate i.e. effective organization that is adjusted to its social context.
Establishing and standardization of administrative praxes between the EU member states is issue of great importance. Therefore, it has to be underline that it is not a mechanical decision making. Making prepared decisions in one specific social and institutional system it is imposable to give the same results in a country which culture and tradition are different. Maybe this is the reason why European policy could not reach the administrative convergence. Nevertheless, the EU member states are moving towards this process: administration must enable free movement of civil servants. It is about the free movement of persons which is one of the basic aims in the process of European integration besides the other three for free movement of goods, services and capital like main factors for production which fulfillment is a reason for creating super-national European institutions. Obeying this principle is a possibility for one public servant in Spain who in his country has twenty years of working experience does the same work with the same level of responsibility in France. This is the issue of great importance, which has the impact on member states in defining the common rules and incorporating them in their provisions for civil servants and managing with administrations. In the process of recruitment and promotion in every member state they must obligate define minimum of common criteria and standard that make possible establishment of professional and skilled public administrations, politically neutral and focused on citizens like consumers of their services.
Western Balkan Countries that are to enter the EU must reform their administrative structures in order to fulfill the criteria set in Copenhagen. Aim and content of the reform get clear with the standardization of domestic administrative laws with acquis communautaire. Common proposals are to be introduced in the domestic administrative system and implement them. The obstacles on the EU way usually occur in the process of implementation due to weak administrative capacity. Weak administrative service and low level of the rule of the law is one of the biggest obstacles for the process of integration of Western Balkan States in the EU.
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Modern administration is one of conditions/terms for the EU membership. Under the conditions stipulated in 1993 in Copenhagen, on the meeting of the Council of Ministries in Madrid 1995 it was emphasized that integration of the CIE demand adjustment of their administrative systems, same as that it is not enough acquis to be introduced in national legitimate system but to be effective implemented in the state administration actions and courts. Moreover, in the “White paper” from 1997, is described the easy way of establishment and development of necessary institutions and legitimacy for the future members of the EU, same as standardization of governing system and the union to the conditions, which are inevitable for the rule of law. That means reform in the public administration in the future member states.
In the European Commission Agenda 2000 from 1997, important is the opinion of the Commission for the applications for membership where public administration takes the biggest part. Commission gives detailed explanation of conditions for entering the EU and stresses the importance of national administration development need of transparent and open work, recruitment and promotion based on merit etc.
Reports on the progress of the future member countries in the EU are developed on the precise criteria for assessment of the administrative quality in the framework of SIGMA project as a part of OECD program for public management, financed by the EU. Criteria developed by SIGMA have become EU basic standards for assessment of quality and efficiency of public administrations in the EU member countries. Since 1999, these standards are used for assessment the administrative capacity in annual reports of European Commission for future member states in the EU progress. In addition, they are used for determination of courses for harmonized development of the EU European standards and practices European standards future member states national administrations that should also have impact on the countries that still does not have status of candidate.
In June 2003 on the Council of Europe Semite in Thessalonica, the Agenda for Western Balkan countries was introduced which has established the commitment for obeying the criteria of Copenhagen and obligation for the countries of this region to reform and reinforce administrative capacities to obtain inevitable citizens’ demands according to the EU standards and criteria.
Beside demands for the EU integration, political domination in everyday life of the Western Balkan citizens, which has also impact the sphere of working relations, refers to reform in the public administration. In the conditions of low material standard of a great part of the citizens and high rate of unemployment, achieving working place in the public sector depending on your political orientation is very common way of discrimination of citizens and manner to control uniting process, beside the standards adopted in developed democratic system of the EU. It is necessary to include clear provisions for determination public and private spheres also to establish democratic and transparent rules for recruitment in public administration for annulling current system of “loot” according to which success of one party automatically recruits in the public administration politically loyal and not the most competent ones. This is obligation to the Western Balkan countries which does not arouse only from the Process for Stabilization and the EU integration but is a basic respect of rights of the citizens for free access to all Governmental bodies and public administration i.e. prohibition of discrimination on the basis of political orientation.
EUROPEAN ADMINISTRATIVE SPACE
European Administrative Space is relatively harmonized sum of principles and standards according to which organization is defined, activity I functioning of state administration bodies on the basis
188 Between the political convenience and equal opportunity of acquis communitarian. The establishment of unique model of public administration in Europe i.e. 3 European administrative space3 has become actual in the second half of XX century, with the reinforcement of European integration. The realm of public law in the European states has traditionally been viewed as an area of divergence of political and ideological systems. Administrative European standrds and practices law came into being in the 19th century like an outgrowth of sovereign power and product of different historical, cultural and sociological characteristics of the society. In the later half of the 20th century, there was a major reversal of this trend. The process of internationalization and globalization is getting stronger with creation of new international public powers that did not replaced States. Creation of WTO and the European Community like a bodies vested with special jurisdiction and regulatory powers on supranational level is one of the most important definitions of this process.
Let us take the case of the European Community. Economic aspects of the process of integration have been substantially settled, and the Union is now governed by common rules, which range from broad regulation of trade flows to minute standardization of food labeling. These rules must be implemented immediately by the administrations and courts of the member states (under the “direct effect” principle), and they take precedence over any conflicting domestic laws, whatever their rank in the hierarchy of sources (the “primacy” principle). The need for national administrations to obey the same laws, and in the same manner, inevitably causes a major change in the way governments operate. The State’s administrative structures are no longer worlds unto themselves within their national confines, but clearly are “communicating” realities integrated into the management of a common space.
Factors resulting from the European Commission’s particular institutional architecture in the structure of the EU, contribute for convergence of the system of public administration of the EU member states. The Commission’s main functions lie prior and subsequent to action, in other words it does not actually do anything, but it arranges for things to get done i.e. fulfill community provisions. The Commission adopts guidelines and then supervises, inspects and monitors. Only in a few domains, it has direct administrative responsibilities, as for example in the field of enforcement of competition law. In general, implementation is carried out by national administrations, which become co-dependent organizations: structurally, they remain part of their respective national administrations; functionally, they form part of the Community administration of the EU i.e. part of “European Administrative Space”. Then it comes the first principle the autonomy of national administrative system. The general rule is that the Community legal system should leave the institutional and administrative organization of the Member States intact. The second principle complements the first. Efficiency – efficient, effective and uniform enforcement of Community provisions. Domestic administrations, by virtue of a duty of loyal co-operation under the Treaty, are required to take all necessary steps to ensure full implementation of these provisions. Effective implementation of EC Law (the principle of effectiveness) is an obligation imposed to Member States by the Treaties and the European Court of Justice verifies its fulfillment on a case-by-case basis. In general, the Court assumes an approach based on the notion of “strict liability” of a member state that fails in implementing EC Law. Inter alia, a breach may in no event be justified by administrative difficulties at the implementation stage, or by impediments arising from domestic law, even if they are constitutional in nature. In addition, a government crises or suspension of parliament could not be invoked to justify delay in adopting provisions necessary for compliance with Community law. Taking a closer look, than, at the enforcement of Community Law, there is no convergence on the means of application, which in fact may differ from one State to another, but there is a more fundamental convergence concerning the result.
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This manner of promoting and control of the enforcement of community provisions shows that for the states members and for the state candidates for the EU, the key issue is establishment of effective public administration that could obtain all priorities of the European integration for the wellbeing of their citizens. So, “effective public administration” is institutional structure that can ensure fulfillment of the demands as EU member.
A Member State which public administration is not inline with Community standards and not hooked up to the network of European administrations would run the risk of transforming the Member State into a passive spectator of the European decision-making process. As a result, without an effective administration, accession to the Union may well be fraught with unfavorable consequences. First, liability for breaches of Community law by national administrations is strictly objective; no domestic difficulties encountered during implementation may be invoked as a justification. Second, a deficient public administration could create conditions detrimental to a country’s socio-economic development and thus drive it away from the process of integration. Repeated infringements and jurisdictions with scant concern for upholding Community law may trigger distortions of competition and divert trade flows. National firms would be prompted to make use of their freedom to provide service and freedom of establishment to focus to their business on other Member States where the institutional climate is more conductive and foreign firms would have no incentive to invest in the country, because a lack of reliability on the part of a government inevitably discourages economic development.
II. THE STATE ADMINISTRATION DE-POLITICISATION
European standards and practices European standards State Administration based on principles of capability and responsibility of its civil servants can successfully realize demands in the EU integration process and reforms in the community. Reforms have to be done within the administration in order to change the relations with citizens. That is why establishment of professional administration is the key to successful reform.
Reforms in the public administration introduced around the world, stress the need of powerful de- politicisation of the administration, emerging from the importance of able and neutral, professional administration working in common interest. Nevertheless, revisions prove that ideal model of recruitment civil servants on merit-based system is more often exception than a rule because political nominees on the vacancies in the public administration are common in many states. The priority of the second approach, the patronage system, is allowance for creating capable and loyal personnel on high managing positions, which is also politically and democratically vulnerable. From the other side, merit-based system is more appropriate to the approach based on respect of rights and freedoms of the citizens in no discriminative sense and access to every post in the public sphere that leads to continuity in the work of administration and its neutrality. Homogenized approach demands acceptance of good and bad sides of both approaches.
Therefore, discretion rights of the politicians in the process of recruiting and promoting civil servants must be limited with effective system for control. For realization of abovementioned, some terms have to be fulfilled: Identify and announce in public a list with all posts that are political by their nature; Provide a clear procedure for recruitment and promotion, transparency of the election process, control mechanisms and right for appeal; Limitation of the officials right for election from the narrow list of candidates proposed by the independent body;
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Behavioral Patterns for civil servants, which stress the political neutrality and loyalty of the elected Government. Introducing constitutional and legal guarantees for no discrimination on gender, origin, political, religious and other believes. European standrds and practices
De-politicization is clear distinction between the processes of political creation of decisions and the process of their legal regulation and implementation in accordance with current rules. In the states in transition enforcement of the principle of de-politicization is of great importance for transformation of the state administration in the service for all citizens.
There are two types of principles for the process of de-politicization:
Development and strengthening the career system that includes guarantees for promotion in the career based on merit. That means clear definition of the vacancy based on political trust on one side and on the other, position in the top of state administration where professional civil servants should be. Moreover, that means clear division of the work and authorities of these two categories of persons – politicians and officials; Establishing mechanisms, this should protect from political influence on the work of career servants.
De-politicization is a term for creating a permanent state administration on the highest level and a permanent state administration is a stipulation that should provide professionalism and continuity on the strategic level of administrative determinations. Taking measures in the sphere of de- politicization is legally establishing the civil servants status also building the awareness about the role and importance of the state administration for the development of the community aside from the political power.
Creating a professional administration is a time taking process which includes several elements and the starting faze in the states in transition demands intensive engagements and big efforts for the establishment of the right basis of the whole process.
There are three basic groups of elements on which are based the process of development of modern and professional state administration:
Framework for establishing the status and the position of civil servants; Qualified personnel (civil servants); Working environment which is closely connected with the principle of modernization of work.
Here will have a broader explanation of the first two points due to their direct connection to the de- politicization of state administration.
LEGAL FRAMEWORK FOR ESTABLISHING STATUS AND POSITION OF CIVIL SERVANTS
Due to the fact that employees in the state administration are in working relation with the state, their legal position must be determined by law. State in this context has the role of employer from
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where emerges the need of determination of employer-employee relations, their rights and duties which should be in accordance with law.
The first question that arouses is about the legal regime predicted by common law for working relations, if it is adequate to be used on the employees in the state administration or there is a need for particular legislative, which will regulate the status of civil servants. The answer to this question lies in the analyses of relations state like employer and civil servant like employee in comparison to classic relation employer-employee. The fact that employee in the state administration work on public matters acting in the name of the State, gives the reason why their relations are specified in comparison with the relation employer-employee in the private sector. This specifications, expressed through the specific rights and duties of the employee in state administration – civil servant, cannot be expressed by the common law for working relations. As a conclusion, establishment of a special legislation for determination of the position of civil servants is a first step towards the creation of professional public administration.
This does not exclude the provisions of common law for working relations that can be used for particular questions for the civil servants position when the issues do not demand specific regulation (for example provisions for the length of working time, annual vacation, absence etc.)
Second question is about the content of the legislative on civil servants. In order to create a law for civil servants that can be a good legal base for the reform in the state administration, the following issues should be determined:
European standards and practices European standards The expanse/extent of the law for the scope of subjects on which is exercised, that means to regulate: (a) Scope of state administration bodies on whose employees will be introduced this regime and not the common one; (b) Scope of employee in the state administration bodies;
Specific obligations for the civil servants; Specific rights the civil servants; Responsibilities the civil servants; Principles for defining the working relations, promotion and retirement;
The expanse/extent of the law could be determined by different criteria: 1) According to the employee category- law encloses all or some employee categories in the state administrative bodies (only management or all except management); 2) According to type of work - law encloses all employees in the state administrative bodies or only ones that are directly executing public powers, and not ones that execute logistic support of the administration (drivers, translators, typist etc.); 3) According to the state administration level – encloses all employee, from the central level also from local self governments, employee in bodies of central level, ones in the ministries, particular organizations and Governmental services, employee in the services of Parliament or President; 4) According to the financing manners- encloses all whose salaries are from the state budget that excludes employees from the local self-governments but includes ones from the public administrations (education, health). Specific duties of the civil servants arouse from nature of the state administration. Civil servants in their everyday work have to in practice implement basic demands of modern administration.
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From this point, specific obligations of the employees in the state administration emerge, which must be determined by law. The obligations are: 1) Being at the service of the citizens 2) Serving the public interest European standrds and practices 3) Neutrality in executing the tasks 4) Observing the rule of law 5) Accountability for actions 6) Liability to the state for damages caused
From the manner of establishing the principles for employment, promotion and retirement depends the process of creating professional administration. In order to be professional state administration it has to be done following: 1) State administration, under the well known conditions, should be opened for everybody who wants to work and fulfill its demands; 2) Position of the employees should be based on merit (abilities and results), which means de-politicization on one side and clear guarantee and rights for promotion, on the other; 3) Stability in employment but it is not excluded the possibility of horizontal movement of the employees; 4) Determined terms and manners for retirement;
One of the key questions, which arouses in the frames of the reforms in the state administration, for every state in transition is the question of de-politicization. De-politicization in its rudiment way means, the employees in state administration must be neutral and they must not be lead by their political believes in fulfillment of their duties. Nevertheless, for comprehensive practice of de- politicization, it has to be applied clear division of work and authorities between elected politicians and officials nominated based on political trust, on the one side and professional civil servants on the high positions in state administration, on the other. Without taking these steps, in particular in the states in transition, where change of the Government is very often, establishment of stable and effective system of public administration that provides continuity in public matters is impossible.
An obligation for promotion of the whole process is development of a stable and qualified administrative top of the public administration. If, for example, the change of the minister of one resort consequences with changes of the majority officials in that ministry, inevitable that causes problems in the organization of the work in the ministry and hesitates the process of reform in the field that ministry is responsible for. Usually that is, for example, The State Secretary of the ministry and Deputy Minister, they operate with particular sector from the ministry’s competencies. That kind of examples there are also in the other state administrations bodies, as on the central level as well as on the local, in the governmental services, parliament etc. This kind of system has also other disadvantages as well. Therefore, if leading position is gained through the principle of political trust, then there is no guarantee that in election of the officials, ability, compatibility and experience will be take into account. Being on one post for a very short time due to the frequent changes, results with limited possibilities for officials to obtain much experience in work, as well as, discontinuity in working program. Next disadvantage is that this system it is not stimulating for civil servants from the low levels, which results with dissatisfaction, low productivity, in one word it decreases their motivation.
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Experiences of majority countries from central and eastern Europe have shown that is very hard complicated to introduce scientific changes in this sphere. Most of the efforts to reorganize the gathering point between politicians and administration were moving into extreme directions. First effort was to accomplish full de-politicization of the highest posts (Latvia, Poland, Ukraine), that lead to a great resistance between political structures that disobey political neutrality of the state administration. In the case of Ukraine, that lead to abolition of post State Secretary that was introduce like a mean for de-politicization of the administration. In Poland, the new law that was introduced by de-politicization was freeze. Another extreme behavior were attempts to create one defined political structure in the administration (Hungary, Lithuania, Bulgaria), that provoke opposite effect (spreading the political zone in the administration instead of its limitation) and provide system out of function. In the case Lithuania this system was abolished in 1997 and in Hungary the consequence was wide spread misuse of right for political cancellation.
However, beside the problems that emerge in this sphere of reforms, de-politicization of the highest positions in state administration is one of the priorities of this reform. It is of great importance to establish good legitimate base for limitation of the political influence on the management of state administration and for the development and promotion of the career system.
PERSONNEL QULIFICATION –HUMAN RESOURCES MANAGEMENT
We cannot talk about professional public administration without qualified civil servants. In the process of strategic determination in the field of human resources management, two main spheres have to be taken into account: European standards and practices European standards Sphere related to the hiring new persons Sphere related to those already employed in state administration When we are concerned about hiring new persons, qualified management with human resources understands: 1) right assessment for the need of hiring new persons, rationalization of the work of state administration, 2) public recruitment procedure, 3) Recruitment based on merit and if needed working experience.
One of the obligations for successful reform in the public administration is its rationalization. Recruitment of new civil servants has to be homogenized with the demands of the rationalization.
Publicity of the process of recruitment is a manner to obtain openness of the public administration and access to employment in it and to all interested persons. Publicity is ensured with public announcement of the need of new personnel, introduced by special body composed of several persons and interview with the candidates.
Recruitment based on merit means that for each vacation conditions that candidate should fulfill are already known in the field of professional qualification, ability and eventually working experience and selection to be done by these criteria and election of the best candidate.
III. EUROPEAN PRINCIPLES FOR PUBLIC ADMINISTRATION
No acquis communautaire exist for standards of horizontal systems of governance or national public administrations. However, over time a general consensus on key components of good governance has emerged among democratic states. These components include the rule of law principles of
194 Between the political convenience and equal opportunity reliability, predictability, accountability and transparency, but also technical and managerial competence, organizational capacity and citizens participation. Despite the lack of an acquis communautaire, this consensus has established principles for public administration shared by EU Member States. Over the course of time these principles have been defined and redefined through the jurisprudence of European standrds and practices national courts and, subsequently, the jurisprudence of the European Court of Justice.
Shared principles of public administration among EU member states constitute the conditions of a “European Administrative Space”(EAS). The EAS includes a set of common standards for action within public administration which are defined by law and enforced in practice through procedures and accountability mechanisms. Countries applying for EU membership should take these standards into account when developing their public administrations in order to prepare for entrance. The extent to which a given candidate country shares these public administrations principles and adheres to the standards of the EAS gives an indication of the capacity of its national public administration to effectively implement the acquis communautaire , in accordance with the criteria made explicit by the European Council in Copenhagen.
The administrative law principles usually appear scattered among different pieces of legislation ranking from constitution to several acts of Parliament, as well as case law of the courts which is the case in Belgium, France, Greece, Ireland and the United Kingdom. Other countries have put in force general codification on administrative procedures, which gather and attempt to systematize many of these principles. This is the case for Austria (since 1925), Germany (1976), the Netherlands (1994), Spain (1958).
Principles common to western European countries, we could systematize into the following groups: 1) Reliability and predictability (legal certainty), 2) Openness and transparency, 3) Accountability , 4) Efficiency and effectiveness.
Each of these principles fully implemented creates conditions for de-politicization of public administration and prevention of political and party life in the sphere of public interest in other words through administration.
In Europe there are many models of organization of public administration- Anglo-Saxon and continental model, model of centralized and federal administration, model of public and private administration. Administration could also be defined according to size of public matters, according to part of the budget, according to relation between civil servants and the state, managerial practice, manner of organizing, ethics and other issues. From these criteria arouses that administration can be determined according to organization or its importance. Each sector refers to a specific social level and has to be taken into account that these criteria are not of technical nature and that they refer to specific relation between a state and a citizen.
One of the key issues which determines the organization of the administration is the territorial organization in other words administrative division of the state. In Europe there are several models of organization of the state: unitary state in Spain, “the autonomy of the nationalities and religions” (Estado autonomico), constitutional monarchy in Denmark with administration in two levels, unitary state with three administrative levels in Greece, centralized unitary state without regional levels in Ireland, centralized but de-concentrate state in France, federal state in Germany. Although, national structures of the public administration become systems that communicate
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between themselves. Administrative practices and definition of the basic administrative principles and standards are becoming equal. EU standards of civil servants system are very important group of criteria that should be fulfill in the process of gathering and entering the EU.
RECRUITMENT OF PERSONELL IN EUROPEAN SYSTEM FOR PUBLIC ADMINISTRATION
The process for recruitment of personnel in the EU members is based in two principles which in some states are constitutional. One of these principles is the right of all citizens to enter the public administration i.e. every citizen has the same right and under the same conditions can enter to the high positions, vacancies and recruitment in the public sector in accordance to their abilities and common conditions determined by law. Second principle is about satisfied interests of public administration to recruit the best candidate.
Some states are more for the first and others for the second principle. Principle of same access to the public administration is emphasized in the countries under the influence of classical French concept of public administration like Spain, Italy, Portugal, and of course France. Others, most of all Nordic states and the Netherlands emphasize the importance of election of the best candidate for the given position. Giving a priority to some of the principles is a consequence of the election of a common access in the development of public administration i.e. existing of career system or recruitment system. It has to be mentioned that both principles are present in the administrations of all EU members, they only differ in the manner of combing in the procedures of recruitment in comparison with the European standards and practices European standards common system of public administration.
States with the long tradition of absolutistic regimes refer to principle of equal approach that is introduced by rigorous, tough and formal procedure. This stresses a deviation of past practices of nepotism, political favoritism and recruitment in the public administration because of different types of political “trade”.
Nevertheless, EU states, independently from the concrete common system introduced in public administration, have developed recruitment system that enables election of the best candidate with the guaranteed free access in the public administration. It is about recruitment system by merit through the procedure of public contest. Majority of the EU countries have develop procedures of introducing norms for decision in the selection of the candidate so in this field for the rights to access to work for all citizens in the public sector, rigorously introduces the principle rule of law and legal state. Moreover, decisions of the court on this issues are of great importance for administrative law and court practice in the countries as France, Spain and Italy.
In some countries, the stress is on the difference between external and internal contest for recruitment. External is open for all that fulfill common conditions proposed by law and special obligations for work on particular working post. Internal contest is open only for employee in the administration and it is a procedure for service promotion. CAREER SYSTEM
In most of the European states, civil servants could be employed on definite and indefinite time- period. In the first case, civil servants are employed for the whole working career with providing their professional development (career system). In the second one, servants are employed for realization of particular jobs and on definite working period (employment system). Priorities of
196 Between the political convenience and equal opportunity the career system are selection of the most capable servants, with the opportunity for promotion through the service, possibility for long-term training for the servant, introducing the principle of public ethic etc. This system promotes the specified administration and its duties and aims. Opponents of this kind of employment, as a disadvantage they put forward closure of the European standrds and practices administration and lack of openness during the recruitment of servants. In the system of recruitment on definite period, promotion of servant is individual thing while in the career system it is an issue of an organization.
Career system, as a system that is very important for European countries because it provides continuity in work and professionalism of the administration, in a great deal is complement by managerial dynamic of the recruitment system on definite period. In major part of the EU members, career system is softened with the instruments of other method for employment.
SELECTION AND EMPLOYMENT
In EU countries, there are two principles of employment of civil servants – employment based on merit and principle of equality. According to modern definition of this concept that exist in western, democratic, pluralistic regimes, concept merit is defined as possession of established and experienced abilities in order to fulfill one job and obtaining determined aims/goals.
Principle of equality guarantees equal possibility for all candidates to be elected according to their abilities and determined procedure that means breaking down of discretional system for employment. Principle of equality is completed with the principle for prevention of discrimination. For example, in Germany was prescribed prohibition for discrimination concerning sex, origin, race, religion, social belonging, in the Netherlands the ethnic minorities are protected, in Belgium, Spain and Luxemburg there is guarantee for language pluralism. These principles present the basis for employment of civil servants in the European countries that provide objective way of selection (not considering personal and political affinities ), and selection high qualitative candidates.
In EU countries, recently it was provided the possibility for the servants of national administrations to compete on working post/vacancy with the same degree of responsibility and the administrations of other countries members. Nevertheless, limitation exists, in that context vacancies that are connected to the protection of common interest of the state are vacancies that are reserved for home citizens.
Employment of civil servants by announcement of vacancies provoke many discussions. The arrangers of this type of employment believe that this is objective, transparent and democratic method of selection and employment of candidates. In that connection, priorities of this method are free application, commission, anonymous in the participating and neutrality in selection. Critics usually refer to very formal procedure that gives priority to candidates with academic qualities, and not taking into account professional abilities. That leads to monotony and centralization that do not follow the real demands of the vacancy. In practice this critics are unfounded because formal criteria for employment usually complete other elements like written, oral and practical test, praxis, and work on concrete cases from practice, personal tests and knowledge, creating larger number of commissions and other.
In European legislations, there is a difference in the procedures between employment on indefinite period and employment on definite period. First method of employment is followed by complex procedure of applying, selection and accepting of the candidates, permanent professional
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development and a process of permanent training. In that connection, it is important that policy of employment is a subject of critical review in accordance with its compatibility to strategy and goals of the administrative work. When it is employment on definite period, it is inevitable to analyze the abilities that possess the candidate and the abilities that the job demands.
Career system exists in all countries, even in the contris with Anglo-Saxon traditions, where it is not established by law but with the process for promotion of employees by itself. Basic components of the career system are: Promotion is defined with acquiring high occupation i.e. achieving high position on hierarchy scale. In European countries, there are two criteria on how civil servants usually get promoted: years of professional working experience and objective evaluation on their work results with more or less deviations from these principles. Recognition of professional potentials in one employee and enabling conditions for acquiring high positions influence on motivation of civil servants and stimulate for better work results. From the examples of European countries one of the basis for promotion is appraisement of employee on his/her results, engagement and professional development.
Mobility is a possibility and an obligation in European countries to transfer civil servants from one administrative body into another after certain working period in one body if it was about a work on indefinite period. Mobility develop professionalism in public administration and work become more flexible. By this European standards and practices European standards principle workers get acquainted with the work of other bodies, acquired knowledge from different fields and build their profile. Also, this provide them not to work for a long period of time on “sensitive” works. In some countries mobility is realized with the interruption of the work after some period of time or that is just a assumption for promotion. For example in France, after the introduction of the reform in 2000, officials should change their working position every 6 years. Acquiring working experience within different organizations it is of great importance for professional development of officials and creating for open and flexible public administration.
Training for the civil servants refers to large number of issues concerning the strategy for human resources management in administrative bodies. Abilities, knowledge, skills, quality of the civil servant work, in great deal shape the success of the administrative work. Training must be appropriate to personnel policy, promoting plan, appraisement system and rewarding of civil servants. We can talk about starting training (they can get educated in the university and college or in special schools for public administration) and permanent trainings (professional development during the career). Almost in every European country the aim of training is improving professional abilities of the employee i.e. anticipation of needs and development of the abilities for better results that are evaluated. Nevertheless, there are different methods of organizing permanent training of officials depending on national administrative and legislative environment and cultural and historical context.
Election of common system for employment in public administration influences the choice of recruitment personnel. Career system understands test of knowledge of the candidates that satisfy conditions regarding university or other diploma. It is tested knowledge in the field of public i.e.
198 Between the political convenience and equal opportunity constitutional law, administrative and financial law, budget and fiscal state systems. Besides, it is required specific knowledge of the fields that are relevant for concrete position in the administration for which is the recruitment. These tests of knowledge usually are introduced at the beginning of career and candidates are ranged according to their success. Working place is offered first on the list. European standrds and practices
In the career, system there is an institute for test working where the candidate is qualified in range of common and specific knowledge. During this period that can be several months to several years, an old by rank civil servant provides supervision over the work of the candidates and helps them.
There are different combinations of principles for recruitment. For example, in Spain employment is possible by passing a test appropriate to career system (oposicion), also by providing a biography followed by interview and ad hoc commission (concurso). Moreover, there is combined procedure, concurso-oposicion. Combined procedure understands test in the first faze which provide the candidate with points. Ones that pass the test proceed to the second faze in which biography is analyzed and scored in accordance to proposed criteria for that working post. Then the points are summed where points from the tests are more valuated. Points from biography are taken into account when there are candidates with equal points in the firs faze. The results of the candidates are evaluated by an independent commission consisted of representatives of the administrative bodies recruited from university, ministry for public administration and union for employees in the administration. This decision is submitted to court control.
EMPLOYMENT SYSTEM
In this system, the stress is put on electing the most appropriate candidate for the vacancy. Apart from the relevant diploma and additional education of the candidate, also his /her personal and professional experiences are taken into account as well as work successes, and psychological characteristics in order to elected candidate could guarantee performance of his/her duties on the required level. Employment procedure understands knowledge test, scoring and interview. Commission or supervisor provides final decision. In this system, there is also a test period.
The structure of the process of recruitment of personnel in public administration in the EU member states should ensure two basic premises: 1. ensuring a selection of the best candidate for the vacancy; 2. Legitimate guarantees free access to public services for all citizens that fulfill particular, objective conditions, apart of their race, ethnic origin, sex, religious or political believes.
If abovementioned premises are accomplished, procedure in the candidates for EU membership should provide following demands in order to be in accordance with the practice of EU member states: 1. Procedure of recruitment must be based on open competence of the candidates who satisfy particular common obligations as citizenship, maturity, degree of education, health condition, confirmation for not being criminally prosecuted etc. 2. candidate should complete special conditions that work on that position requires, as knowledge and professional experience. In order to acquire that, candidate should pass standardized tests and scoring of biography. 3. contest should be announced in public across the country usually by announcement in official newspaper 4. announcement should be consist of all demands that should be accomplished, areas that are embrace with the testing, list of documents that should be enclosed, knowledge of
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foreign languages, special qualifications etc. It should be predicted long enough period for applying that candidates could acquire demanded documentation and get ready for the test. 5. An independent commission should be established which members are not interested in the final decisions and that will give assessment of the candidates. Questions from the test are achieved by random choice. 6. There should be a right to appeal on decision and court control on the process of recruitment.
MANAGEMENT PERSONNEL
Managers in the public administration in a role of mediators between political and administrative ambient have a special role in acquiring administrative continuity from one side and political loyalty on the other. All EU member states show a great respect to the manager’s position in the public administration. For a best performance of the role of a manager there should be achieved several elements, as for example, protection and special supervision of “sensitive” activities, promotion in career independently of the political circumstances, high material satisfaction in order to avoid risk of corruption etc.
In European countries, managers in the administrative bodies might be political posted persons like ministers and their deputies, employees in the minister’s cabinet, minister’s assistants, regional authorities that are usually named by the government as well as non-political leaders. In some European standards and practices European standards posts, managers are members of honored institutions. In some administrative bodies there unites that analyze needs, monitor manager’s promotion and adopt salaries and other stimulations to their engagements. In most of the European countries priority is given to collegial approach in management, opposite individual, which prevents from discretional decision-making.
IV. EUROPEANIZATION OF PUBLIC ADMINISTRATION OF THE NEW EU MEMBER STATES
Practically all countries from Central and Eastern Europe have clearly pronounced their determination for the EU membership. States candidates must accomplish certain preconditions. One of criteria is ability of effective application of EU rules and provisions. The term “Europeanization” is used to describe drawing the attention of national institutions on the process of integration and their more often participation in the decision making process in EU. Overall, Europeanization refers to exploitation of time, personal and material resources that are directed to the EU level.
When this process of Europeanization in the CEE countries is analyzed as well as their administrations it is difficult to separate this process of the process of westernization i.e. accepting western rules and practices, market economy and democratic societies. It is about two sides of the same matter: countries for EU membership are developing their institutions establishing them on democratic values, in the same time preparing for entering the EU, that also demands reforms in functioning of the state administration.
In the process of the EU enlargement, different groups of countries were approaching to this integration. Last year’s enlargement was consisted of 10 members with different historical, political and cultural heritage. In the context of reforms that they should undertake, entering EU, in particular reforms in the administration, the difference can be seen between the groups of countries that
200 Between the political convenience and equal opportunity before democratic changes, at the beginning of 90’s were part of federations (SFRY, the USSR) and group of countries that were formally independent and sovereign i.e. with complete state administration. European standrds and practices
Among countries from the first group like an example of successful transformation of public administration and total social organization is the example of Estonia.
ESTONIA In August 1991, Estonia proclaimed its independence from the USSR as the smallest of the three Baltic States, which in that time have separated from the Soviet Union. Estonia passed its new Constitution on the referendum 1992 in which it stresses that it continuous with the legal continuity of the Republic of Estonia that had proclaimed its independence in 1918 and in 1940 was occupied by Soviet Union. In 1995, Estonia presented its application for EU membership and in March 1998, negotiations have started.
With gaining its independence in 1991 Estonia did not obtain all necessary capacities to function as independent and sovereign state. From one side it needed to reform and diminish old structures inherited from USSR and on the other to establish new, as central bank and its own currency, army, border guard, diplomatic net etc. Inherited communistic nomenclature manage in autocratic stile, respecting priority of the party, was liable on corruption and not effective. Beside the need of reform of the legislative system, political institutions and economy, Estonia was in a specific situation due to 40% of Russian immigrants who had to be integrated in the society. After that in the second half of 90’s it had to adjust the administrative system to the demands for integration in EU.
Due to many questions that move forward the process of EU integration, in Estonia as well as in other CEE countries, the issue for reform in the public administration was in the second plan. For many years “reform in the administration” was understood as uniting local self governments and their reorganization. Only in April 2001 the Government of Estonia adopted Programme for Public Administration Reform (PPAR) in the scope of it there was also a reform for civil servants status. The structure inherited from USSR was too politicized and not enough professional, without coordination in complementing and managing with human resources. Basis for professional and expert administration were laid in the first period of its independence (1918-1940) but very little of that inheritance survived the period of soviet occupation. Since re-obtaining its independency up to 1996 on the employees in the public administration was applied common law on working relations and than the new law for public administration was introduced. According to this provision, personnel that fulfill common conditions (citizenship, maturity, knowledge level etc.) had become civil servants without particular procedures. Nevertheless, up to 31.12.2000 all candidates for any posts they had to provide written report that they have not served in security structures or intelligence agencies in the states that had occupied Estonia nor had participate in the prosecution on political basis or status in civil or military structures of the former Republic of Estonia. The aim of this approach was to ensure legitimacy of new democratic government in the negotiations with EU. System adopted by Estonia was similar to Scandinavian in which employment is done only for concrete working place, taking into account that clear model of career system “for a lifetime” in small countries in conditions of limited labor market could lead to problems.
In Estonian ministries and institutions related to them at the beginning of 2001 worked 18800 civil servants. Structure of civil servants was very young, 29,9% of them were younger than 31 and 55,6% younger than 41. Majority got into the post right after the independence i.e. those 77% were in service less than 11 years.
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Recruitment of officials (Chief of Departments, State Secretary etc.) is generally merit-based that is not case with employment of other civil servants. However, some institutions are not obliged to use open competition to recruit their staff, for example Office of the President, Supreme Court etc. Recruitment of officials is centralized and procedures that guarantee standards equalization in employment are used, as public announcement of the competition, equalization of needed qualifications, as well as central committee assessment for employment. It is a permanent committee composed of representatives from the ministries and private sector, but its role is very little, as far as it determine fulfillment of the conditions of the candidates and it could not range them according to their success so there still exists integral part of discretional decision making of the ministers and chiefs from the other part of governmental agencies. This is opposite to open competition and objective election so it leaves space for critics of politicization of the officials.
There is no need of competition for middle or low-leveled servants although many institutions practices particular forms of public announcement. In that case, there are formed special committees for election or proposals of candidate in which are included representatives from the union but concrete procedure depends from the institution by itself.
There are no clear rules for promotion in work, and additional training does not play big role due to discretional decision of the manager. On one side there are limited possibilities for promotion if we take into account size of the country and on the other additional training is not a condition nor mean for promotion. The consequence of all this is that promotion is provided by the proposal of the manager in category in which civil servant is currently involved or through applying on European standards and practices European standards competition for higher category.
Judging by these disadvantages it is assessed that public administration in Estonia for the last few years has improved in its quality. According to the European Commission reports, civil servants in Estonia accomplish their job politically neutral and corruption is not a big problem. In principle civil servants, respect adopted Codes of Conduct that is a part of anticorruption proposal that was passed like an amendment of the law that establish the status of civil servants.
Management with human resources is decentralized i.e. each ministry and public agency recruit civil servants, assess and organize the work for itself in the framework. In accordance to that, European Commission stressed that problem of lack of coordination and training is basic problem of Estonian administration. That is why in Estonia in 1999 as a part of the process of preparation for integration adopted was a Strategy for training civil servants for EU that was later completed with Programs for two years trainings. For the period of 2000-2002 as main goals for the trainings were selected: Basic training for EU Preparation of officials included in the process of writing provisions and evaluation of policy Preparation of officials who will represented Estonia in different working groups and committees in EU strengthening of coordination and exchanging of information about EU trainings ensuring text books and independent studies support of development of necessary skills and knowledge for example foreign languages
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While analyzes about Estonia are provided it must be taken into account that it is a small country. Despite the fact that its territory is similar to Belgium, the Netherlands or Denmark its population is around 1,36 million citizens, ten times less than above mentioned countries, members of EU which are considered as small. Small number of citizens provided certain specifications in Estonian European standrds and practices administrations.
Administrations in small countries are limited with the size of the state, modest human resources and small possibilities for development of career of officials. There are small numbers of qualified civil servants that are able to accomplish key roles in administration. In that kind of circumstances, it is often hard to separate person from its function that lead to personification of working places. In small countries exists stronger tendencies of involvement of politics in the sphere of civil service with strong social and private networks behind political links. That could lead to better and effective cooperation in administration but there is a risk of decision making under the political or private influence. Small systems provide greater opportunities for contact with high officials. On the other side, small systems are more flexible that has been proven through the example of Estonia.
The example of Estonia is important because its administration is not primarily based on career system that is consider to be base for organization of European Commission and European administration which is also developed and adopted in most of the European countries. Countries candidates for EU membership, during the process of reforms in the public administration to take into account experiences of the countries that share the same values, as rule of law, democracy and market economy. Nevertheless, career system it is not the only one that ensures fulfillment of the conditions for EU membership, concerning the ability of the administration.
POLAND
Poland has started its transition with the election of the first democratic government after the first free elections in June 1989. From than until nowadays, 10 Governments have changed that did not share same visions considering public administration development. Attention in this field was focused on decentralization of powers and transfer of competencies, shaping process of reform in the first half of 90’s. Process of reform achieves the impulse with the new Constitution 1997 and several important proposals in 1998. Reform of the public administration was not a priority after the transition although most of the parties recognize the need for establishment a professional public administration and its de-politicization.
Poland has a long tradition of public administration similar to other European countries. Legal regulations beginning is in the law of public administration from 1920 that staid on the track, with many changes till 1974 when certain rules that established status of civil servants were displaced with common provisions of working relations. In 1982 was adopted law for the employees in the public administration and again there were changes in the position of certain civil servants. Since 1.1.2004 on these civil servants is implemented common provision for working relations. Law that nowadays establishes the status of civil servants was adopted in 1998. Nevertheless, in the implementation of this law had arisen some difficulties, according to specialist from the SIGMA project it had failed in solving the problem of de-politicization and to have great input in the professionalism of the public administration in Poland. In comparison to Estonia and other countries that had joined the EU in May 2004, Poland has a large administration: sector for public administration employs 390.000 persons. In state administration, i.e. in ministries and other governmental bodies and organizations, diplomatic networks and bodies for decentralization on regional level works around 135.000 persons. Nucleus
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of state administration in Poland is about 117.000 employees who are separated in two groups: 1) civil servants who are fully under the law of civil service from 1998 and they are around 1000 according to data from 2003, and 2) employed in the public administration, besides law of 1998 subsidiary are implemented common provisions for working relations. The rest employed in the administration are under the common proposals. High salaries, stable and safety position and status have only civil servants.
This difference between civil servant and employed in administration arouse as a result of historical tradition in Poland and division that exists in the law from 1922. Establishing professional public service in Poland does not excluded problems. Former law from 1996 has introduced separation in four categories of civil servants and predicted mechanism based on qualifications and competition according to which employees, depending to the field were the law was executed in 1982, can obtain status of civil servants. process for status transformation that has begin with this provision was interrupt by the end of next year after the accusation for politicization in selecting the personnel especially when there were several positions in the newly established administration.
Recruitment of personnel in the public administration should satisfy two demands: 1) openness, public announcement and 2) competency, i.e. a general director should choose the best candidate. Elected candidate sign an agreement maximum on three years, during these years he/she must implement “preparing service” in order to become theoretically and practically capable for work. Test period is 6 months and should be accomplished in the first 18 months. Employee passes a test and only after that signs a treaty on indefinite time. Candidates that have finished National school for public administration are free of test-period and general director can shorten the period if candidate European standards and practices European standards demonstrates acquirable level of knowledge and skills.
Recruitment of civil servants is a form of promotion of employees in public administration that are in working position at least two years, have passed test-period, posses university diploma and know a foreign language on the certain level. A competition is announced in public newspaper and in the procedure of election exam is included in front of a qualified commission consisted of 5 members. Most successful civil servants are nominated on the posts that Prime Minister with the decision from 1999 had defined as posts open for civil servants.
In 2003, there were 1500 officials in the public administration in Poland. Candidates for these positions must preliminary have the status of civil servants. Panel-body is consisted of six experts for the issues considering management of human resources, university professors and civil servants who review the announcements. Special sector for recruitment and selection selects narrow list of candidates that serves like an experts service of the panel – body. Panel than reviews list of candidates who passes written test from three parts which checks their knowledge, psychological profile and abilities for solving practical problems. Next step is interview with the members of the panel who will recommend the best candidate to the demanded post. Nevertheless, minister could resist the best candidate without any explanation. Candidate has a right for appeal to this decision to the court. The whole procedure lasts for three months.
Law enables horizontal movement of the personnel between ministries and others institutions of the public service but this possibility in the practices it is not so exercised. Considering promotion, only in the case of election of officials legitimate procedure is open and clear, although it has not ensured election of the best candidate. The problem is that there is a large number (around 700) of officials post as executors and those they are using the gaps in the law. Since 1st July 2004 election of officials is possibility only for the employees in the public administration and it is proposed review
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Law from 1998 content some decisions from the law from 1922 as well as 1996. On one side, it European standrds and practices introduces the separation of the civil servants and employee in the administration and it proposed a mechanism for the transformation of the status of civil servants. The goal of this law was to finish this transformation in the period of four years in definite dynamic. Total number of civil servants that have to gain this transformation was 30000 but later was diminished on 15000. In reality was accomplished very little from the plan. For 2000 were predicted giving a status of civil servants to 2800 employee, for 2001y , 2200; for 2002year 2500 and for 2003 the rest. In practice was fulfilling very little. In 2002 there were only 837 civil servants and in May 2003, 1111 counter 15000 that were planed!
Officially, the reason for this transformation to be so slowly introduced lies in very strict demands in qualification for acquiring the status of civil servant, particularly in knowledge of foreign languages. Another reason is the way that qualification tests are arranged, that is why Parliament in 2001 adopted an amendment on this law, to make faster and easier this process. Although, de facto came to derogation of obligations for recruitment based on merit, and because on this base is aloud engaging on 6 month period on administrative position a person that preliminary was not in public services whose status in this type of employment was under common proposals for this working place. The only proposed criteria were assessment of biography. On this base, that had to be in force until the end of 2002 it was employed 86 persons, but in December 2002 just a few days before expiry of the date of this provision, Court of Poland proclaim this provision as not constitutional.
The example of Poland is important also because it shows that framework that establish the status of civil servants it is not enough guarantee for professionalism and de-politicization of the public administration. According to the data in Poland administration, expressed in SIGMA report for 2003, one year before Poland entered the EU, there were numerous obstacles in implementation of the law and creation of new public administration. As a main issue in this process is, lack of political will on regional and local level.
From the experiences of Estonia and Poland, as well as other new EU members arouses the conclusion that transformation of inherited administrative structures and public services it is neither easy nor simple. Adoption of legal framework is just the first step in the direction of establishment of professional and expert public administration that has to be followed by clear political consensus and will of administrative structures to strengthen their position and independence from the centre political power.
One of the instruments that can easy this process is adopting and detailed implementation behavior rules i.e. Ethic Codex for civil servants that should clearly express the will and system of values of the civil servants that can be easier introduced in practice. Beside that, civil society and public existing of adopted and systemized rules for behavior give good frame for following the work of the administration as well as eventually addressing to the irregularities in the work that are not against the law but independence and neutrality of the civil servants are put under question mark. From the other side, if there were not such a question, indirectly refers to absence of awareness among civil servants of belonging to the profession, which, in its work expresses and realizes particular system priorities and which satisfy citizens’ demands and serve public but not political or private interest.
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V. ETHICAL RULES IN THE PUBLIC SERVICE
In context of preventing citizens from discrimination based on political orientation in the field of public administration, issues concerning ethical rules and adopted values of the civil servants take important place. Politicians and civil servants have to be aware about ethic dimension of their work and to respect norms of behavior accepted by the society. Behaviors of one person in different organizations, public and private, establish different rules as formal as well as informal. Formal rules ensure harmonization, continuity and responsibility in work. Informal rules help in the work of organization in a way that they developed organizational culture, codify traditional rules and help for establishment of good mutual relations.
One of the methods for establishment behaviors in organizations are Rules for Behavior (Code of Coduct) which could be directed to members of certain profession or to employee of some organization. Numerous professions, including civil servants have their own Codes of Coduct. Respecting these Rules in work of civil servants decrease the possibility and space for politicization of public service and create premises for professionalism and democracy of public administration.
Council of OECD on 23 April 1998 adopted Recommendation on Improving Ethical Conduct in the Public Service, based on principles that should make easier managing with ethics in public administration. In the preamble this proposal it is stressed like “…although governments act in different cultural, political and administrative surroundings quite often they confront with similar ethic provocations and their answers in a manner of management with ethics express common characteristics…member countries are needed for referent spot when they combine elements for European standards and practices European standards good management with ethics appropriate with their cultural, political and administrative choices…”.
In this document, OECD proposes member states to undertake actions which will provide good system for functioning of public administrations in accordance with proposed ethical principles. Besides that, member states are call on: Development and promotion of policy, procedure, practice and institutions that influence on ethical behavior in public administration; Annulations of corruption in every sector: ensuring that managing practice is in accordance with values and principles of public service; Assessment of influence of public sector reform on ethics in public administration etc. In the recommendations, there are definitions of 12 principles of ethic behaviors and their short explanation:
1. ethical standards for public services must be clear Civil servants must be well acquainted with the basic principles and standards, and they must obey them. Clear and public announcement of the ethical principles and standards demand from the public administration. Rules for behavior maybe can make easer accomplishment of this law and ensure its promotion in the administration as well as understanding of the work of administration from the broad surrounding.
2. ethical standards should be maintenance in legal framework framework provides minimum binding standards and principles for behavior of the civil servants, establishing main values on which public service is based, condition for arousing the procedures for disciplinary violation, measures and sanctions etc.
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3. civil servants should be accessible ethical leadership Process of professional socialization and including it in services must provide development of skills for right judgment and application of the ethical norm in practice. Appropriate training should arouse conciseness about ethic norms and knowledge about practical implication. Moreover, European standrds and practices internal consultative mechanism in disputable situations might be of great help because good advice will create an atmosphere in which civil servants are more likely to give the right answers on ethical dilemma.
4. civil servants must recognize their rights and duties when notice irregularity in the work civil servants must clearly know their rights and obligations when in practice they will go across some irregularity or are suspicious about it. They understand also clear and formal rules for their bosses also obligations. Civil servants must know what type of protection it will be provided in the case if obtaining irregularity in public admin.
5. strong political determination should give support ethical behavior of civil servants Politicians are responsible for protecting their high standard in accomplishing their duties. Power of their definition is demonstrated for exam. Creating regulative and institutional mechanisms that support ethic behavior and proposed sanctions for braking this norm, providing adequate support and means for promotion and respect of ethical norms.
6. process of decision making should be transparent and liable to a control Public has the right to know in what manner public institution do public authorization and deals with them on trust. Control from the public it has to be provided with the transparent, democratic process, supervision and control of the legislative body, access to information. Transparency has to also provide recognition of the role of active and independent Medias.
7. there should be clear rules for relation between public and private sector There are must be a clear rule. For example in connection with the public delivery, engaging external resources, public announcement of the proposal of a work in administration etc. In addition, private sector should be acquainted with this ethic rules and to respect them.
8. leaders should exercise and promote ethical behavior Working environment with a high standards that encourage ethic behavior, adequate working conditions and effective assessment of the work, has a direct effect on the practice of good behavior in the administration. Managers have a role to achieve right and detailed direction as well as giving an examples in his/her professional relation to political and economic structure, others civil servants and citizens.
9. policy, procedure, and practice of managing should promote ethical behavior politics and practice of public management are to demonstrate clear ethic determination. It is not enough to include rules that should be respected in order to satisfy minimum of the ethic standard. Policies of the government should definite minimum standard of acceptable behavior and clear give the shape through the values in the administration.
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10. human resources management in the frames of public administrations should promote ethical behavior General managing with human resources, conditions for entering in civil service, as well as promotion and material satisfaction, they should respect ethic rules. Integrity of public service can be obtained based on principles – ability and knowledge, promotion and openness in recruitment.
11. there should be appropriate mechanisms for responsibility for work in the frames of public administrative Civil servants must be responsible to their duties, directors and public. Responsibility must be in relation to ethic rules but also in relations to results of the work. Mechanisms might be internal or along the whole government i.e. central level of governing, they might be established in public and in civil society.
12. there should be adequate procedures and sanctions for inappropriate behavior Mechanism for sanctioning bad behavior, corruption, etc. are integral part of ethic infrastructure. It is important to introduced procedures and enough Means for supervision, reporting and studying a breach of right in state admin. As well as administrative and discipline sanctions that will prevent from inappropriate behavior.
Clear rules for behavior and introducing and adopting democratic values from civil servant that fulfill public authorities in the interest of all citizens is a important part for post-socialistic societies in transition.(central and east Europe as well as western Balkan). This reform was and its still is initiated, followed in context, motivated and is a preparing for EU. European standards and practices European standards RULES FOR BEHAVING OF CIVIL SERVANTS IN THE COUNTRIES OF EASTERN AND CENTRAL EUROPE
Several years before, many countries from Central and Eastern Europe had accepted modern concept of management in public sphere, as well as new or accomplished the old one Ethnical Conduct in the Public Service. This was a new era for the countries of CEE.
New European democracies have been establishing their administrative systems on the example of Western European countries, taking their basic principles for legitimate regulation and acceptance of behavioral standards of civil servants. Importance of ethic behavior of civil servants it was recognized as important segment of the reform of the society. In the scope of this process, during the second half of 90’s and the beginning of 2000, countries CEE were adopting and modernizing Ethnical Conduct in the Public Service on the example of western Europe.
The goal of these ethnical rules is dual: these documents are internal procedure for work and first of all process of decision-making but also are used as formalized notion of its expectations from public administration. It can be said that their goal is to inspired, direct and regulate. Their success depends on the manner on that how these elements were introduced in practice.
Ethic Rules/ Ethnical Conduct in the Public Service are a document that lays the demands for moral behavior, legally acting and professional standards. Consistently implementation based on voluntarily interiorization of values on which they are laid, Ethic Rules are obstacle for politicization of public administration and regulate public interest apart from the interest of the party. They are consist of norms with which usage and respect civil servants get over political frames and their work is for the well being of the society, coordinated by the demands of citizens as users of their services and not focusing on political power.
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Size and content of the Ethnical Conduct in the Public Service in the countries of CEE are varied from minimal to large and detailed. In the table beneath is summarized the content of these rules: European standrds and practices
Structure and behavior rule content in some countries in CEE:
Poland Estonia Czech Bulgaria Slovak Rumania Latvia Goal * - + + + + + Common ethic principles + + + + + + + Conflict of interests + * + * + + + Gifts and services + - + + + + - Outdoor activities + - - - * + - Usage of information + + + + + + + Political engagement + - + - + + - Behavior in private life - - + + - * - Usage of state assets + + + - + + - Working hours - - - - - + + Physical appearance ______Media relations - - - - - + - After work Limitation + _ _ + + + _ Responsibilities and sanctions _ _ _ + + + + Implementation Mechanisms _ _ _ _ + + +
+ has - has not *is mentioned not directly
External pressure with demands from the European supranational structures and institutions, as well as internal which come from democratic public, point out and demand professionalism and de-politicization of public administration. European principles of public administration work are present and in Behavior Codex which are adopted in CEE countries in last 10 years. Challenge is, in theirs consisted implementation in everyday work. It is necessary to provide their flexibility to be able to respond to new challenges that appear in the public administration during the process of involvement in European administrative space. Continuously training system is needed to acquaint civil servant with formal and non-formal acquis in the domain of public administration work. Introduction and implementation of values and basis on which European integration process is established and building supranational structures and institutions has great importance in creating non-political and professional public administration.
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VI. CONCLUSION
The study performed by the institutions for analyzing and development of the public administration in Europe, shows that there is approaching of administrative practices of those countries in which there is employment on indefinite period of time and in those that favor employment in definite period.
In all European countries there are supervisor bodies and institutions for analyzes of administrative work and its promotion. In certain countries ministries are established, in some countries there are agencies or other bodies that provide coherency of administrative organizations and theirs development. Ministries for public administration and reform of countries’ members EU administration are regularly meeting and adopt important decisions in form of recommendations.
Formal acquis communautaire do not exist: member countries are free to organized national public administrations. Every country has its specific historical, political, and cultural surrounding that influences on the organization and the work of the organization. Inspite, of these national specifications, similarities are emerging between national public administrations of European countries. There are two main reasons for that: first reason lays in common regulations importunate to member states. Second reason, these limitations and internationalization of public management lead to equal managements and organizational efforts of member states.
This process that lasts in Europe for more than half century, provide us with enough experience European standards and practices European standards and standards for development of good administrative praxis that should be accepted and implemented. Professionalism and de-politicization of public management and its modernization towards creating effective service that exists for the interests of all citizens and creates conditions for work and business, is one of the main preconditions for entering the family of European nations. Only professional and expert administration is able to introduce the historical process of stabilization, democratic transition and joining western Balkan countries in the most perspective, supranational group of XXI century, European Union.
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BIBLIOGRAPHY
1. dr Lionel Chaty, mr Zorica Vukašinoviæ: Javna uprava u zemljama Evropske unije i status javnih European standrds and practices slu•benika: poredjenje sa upravom u Srbiji, èlanak objavljen u knjizi: Udru•enje pravnika srbije : Pravni •ivot – pravo i kulturne razlike, èasopis za pravnu teoriju i praksu, broj 9, tom I, Beograd 2004. 2. dr Dragoljub Kavran, mr Zorica Vukašinoviæ: Evropski upravni prostor i reforma javne uprave, Pravni •ivot – pravo i kulturne razlike, èasopis za pravnu teoriju i praksu, broj 9, Beograd 2004. 3. Bela Knjiga, Priprema pridru•enih zemalja Ceintralne i Istoène Evrope za integraciju u unutrašnje tr•ište Unije, Institut ekonomskih nauka, Beograd 2001. 4. Radovan D. Vukadinoviæ, Kako usklaðivati domaæe propise sa pravom EU, Pravni fakultet u Kragujevcu, Centar za pravo EU, Kragujevac, januar 2004. 5. Policy Note Report No. 28553-yu »Serbia and Montenegro Public Administration Development: Creating the conditions for effective economic and social reform», May 15, 2004, Poverty Reduction and Economic Management Unit, Europe and Central Asia Unit, document of the World Bank United Nations e/c.16/2002/2 6. «Basic data on the public sector», Report of the secretariat, Economic and Social Council, 10 May 2002 original: english Committee of experts on public administration, first session New York, 22- 26 July 2002 item 4 of the provisional Agenda 7. Jolanta Palidauskaite, ph.d. «Codes of Conduct for public servants in Eastern and Central European countries: comparative perspective» Department of public administration Faculty of social sciences Kaunas University of technology, Lithuania 8. «Management control in modern government administration: some comparative practices» OCDE/gd(96)16, Organisation for economic co-operation and development Paris 1996 9. European Commision Paper, The European Union Still Enlarging, Luxembourg, 2000 10. Sigma Papers: no. 5 «Civil service legislation contents checklist» Organisation for economic co- operation and development Paris 1996 ocde/gd(96)21 11. Sigma Papers: no. 3 «Training civil servants for internationalisation» Documentation from a Sigma multi-country seminar held in Budapest 22-23 May 1995 OCDE/gd(96)17 Organisation for economic co-operation and development Paris 1996 12. Roger Errera «Legal frameworks, institutions and management systems necessary to promote public service ethics» Conseil d’etat, France Paris, 5 november 1997 13. Sigma Papers no. 21 «Promoting performance and professionalism in the public service» http:/ /www.oecd.org/puma/sigmaweb. 14. Jane Hodges Aeberhard «Comparative study of contents of civil service statutes» International labour office, Department for governmentand labour law and administration Document no. 5, Geneva 15. SIGMA, «Poland Public Service and the Administrative Framework assessment 2002», www.oecd.org/sigma 16. SIGMA, «Preparing Civil Servants for EU: The Case of Poland», www.oecd.org/sigma 17. SIGMA “ESTONIA Public Service and the Administrative Framework Assessment 2003”, www.oecd.org/sigma 18. Pravila ponašanja (code of conduct) Poljske, Estonije, Èeške, Bugarske, Letonije, Slovaèke, Rumunije. 19. Nizzo Carlo, National public administrations and European integration, www.oecd.org/puma/ sigmaweb 20. OECD, Sigma Paper No 23, Preparing public administartions for the European Administrative Space, Paris, 1998
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21.OECD, “Comparative analysis, évaluation and stratégic management in public sector”, Puma, Paris, 1997. 22. OECD, Sigma Paper No 26, “Sustainable institutions for European Union membership”, Paris, 1998 23. OECD, Sigma Paper No 12, “Country profiles of civil service training systems”, Paris, 1997 24. OECD, Sigma Paper No 27, “European principles for public adminisration”, Paris, 1998 European standards and practices European standards
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ADDITION
EUROPEAN COURT FOR HUMAN RIGHTS European standrds and practices
European court for human rights was established with European Convention for human rights (opened for signing since 1952), it is available since 1998, as permanent court, for everyone whose rights, guaranteed by the European convention for human rights were violated by the state contractor. Thus, to have the right to address this court, you must be person or organization that has had some problem with the institutions in its country. The court has as many judges as it has states members, elected in Parliament, and they were choused from the list with three candidates for every member state.
The court can take the preposition for surveying only if the following prerequisites are fulfilled:
-Ratione Personae The preposition can be applied by every person, nongovernmental organization or group of individuals. Vertical rate - if there is the state on the one side and the individual on the other. Horizontal rate - if there are two individuals or two organizations. -Ratione Temporis The court can take the preposition for surveying only if there are no more than six months from the day of the announcement of the verdict, or no more than six months since the applicant has been introduced with the judgment. -Ratione Loci The state could be responsible only for violations that occur in the frames of its jurisdiction. -Ratione Meritae The court surveys only those prepositions that refer to violations of the rights guaranteed by the European Convention for human rights. -Exhaustion of all domestic legal means This is the one of the most important procedural aspects of the Convention for human rights. The exception of this rule is valid only when it is obvious that the legal mean would not be effective or when that procedure contributes or continues violation of the preposition applicant’s rights. If the case is about an anonymous and clearly unfounded preposition, completely similar to other preposition which has been already examined and past on to other international instance, the court would not consider that preposition for surveying. Also prepositions with purpose of self promotion or propaganda would not be considered. Thus in clear cases of abusing the rights for appeal. The verdicts are brought by majority votes, are final and obligatory for the state they refer to. The control of European Court verdicts introduction is executed by The Committee of ministries of European Council, through quarter monitoring reports.
OMBUDSMAN
The Defender of human rights and freedom in Montenegro is an independent and autonomous institution, with purpose of protection and promotion of human rights and freedoms, when are violated by act, practice or negligence from public governmental organs. Beside this function, the Defender has a far broader mission, which is creating awareness and ambient of the need for the rule of the law; Complete and consistent protection of freedoms and rights of the citizens and, generally,
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providing legal security of the citizens; legal and objective functioning of all governmental organs, in front which the citizens are realizing their rights, freedoms, obligations and legal interests.
Human rights are considered not only the rights guaranteed by the Constitution and laws, also the rights guaranteed with ratified international agreements for human rights and generally accepted rules of international law.
The Defender is practicing its function on the ground of the Constitution and Laws, holding to the principles of justice and impartiality.
WHEN COULD YOU ADRESS TO THE DEFENDER?
The defender of human rights and freedoms can offer you assistance in protection of your rights and freedom, guaranteed by the Constitution, law, ratified international agreements for human rights and generally accepted rules of international law, in case you consider that your rights are violated by an act, practice or negligence by:
1. Governmental organs (Government, Ministries, administrations, agencies, funds, offices, bureaus) 2. Local government organs 3. Public services and other beneficiaries of public authorities ( hospitals, health services, schools, faculties, public companies) European standards and practices European standards The violations of the rights of the citizens could be of different nature (wrongly determined actual status, wrongly application of the law and other regulations; violation of administrative procedure; mistreatment of the citizen’s requests – “silent administration”; limitation of the required information; lack of implementation of brought decisions etc)
The Defender also acts on its own initiative when he reaches liable information that by act, practice or negligence by the institutions are violated human rights and freedoms, for which approval of the concerned party is needed.
WHAT IS THE AUTHORIZATION OF THE DEFENDER IN RELATION OF THE COURT WORK?
The defender could not change, cancel or abolish court verdicts, nor act in cases involved in court trials.
The defender can intervene when your: 1. Court trial is prolonged unjustifiable 2. Process authorizations are abused (prolonged preparation of court decisions, not deliver of the court acts, limiting process rights) 3. Court verdict it is not executed.
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WHAT ARE OTHER AUTHORIZATIONS OF THE DEFENDER?
Besides acting on appeals the Defender can: European standrds and practices
1. To involve in general questions concerning protection and promotion of human rights and freedoms. 2. Give initiative for changing and supplementation of some regulations, for its accommodation to the internationally accepted standards in the area of human rights and freedoms; 3. To give opinion for draft version of laws, other regulations or general acts, considering the protection and promotion of human rights and freedoms; 4. Giving propositions for starting legal proceedings in front of Constitutional Court of Montenegro for evaluation of constitutions and legality of regulations and general acts for human rights and freedoms. 5. Giving opinion about protection and promotion of human rights and freedoms, on behave decision making organs, regardless on type or degree of actions that are taking place in front of that organ.
WHO AND HOW CAN MAKE AN APPEAL TO THE DEFENDER?
Every citizen who considers that by act, practice or negligence of governmental organ of Republic of Montenegro has violated human rights and freedoms can make an appeal to the Defender. The individuals can address the Defender also through appropriate associations, organizations and through members of Parliament.
FAIR EMPLOYMENT IN NORTHERN IRELAND (RELIGIOUS AND POLITICAL DISCRIMINATION)
Discrimination in Irish society takes many forms and occurs on multiple levels. Social exclusion and discrimination are fuelled by the perception people have that there are “normal people” and others, who are “not normal” and who, as a result, are treated as second-class citizens. There is a need for education to challenge this mindset and to ensure the right of marginalized people to express their points of view. Government policies, practices and procedures often allow discrimination against minority groups and/or condone discrimination by individuals.
The Equality Commission for Northern Ireland
The Equality Commission has responsibility for enforcing the Fair Employment and Treatment (Northern Ireland) Order 1998 and working for the elimination of unlawful discrimination. It also has general duties with regard to promoting equality of opportunity, and affirmative action, as well as a duty to keep under review the operation of the Order. The Equality Commission for Northern Ireland is the body responsible for combating discrimination and promoting equality in Northern Ireland. It is an independent public body established under the Northern Ireland Act 1998. The Commission’s general duties include: • Working towards the elimination of discrimination
• Promoting equality of opportunity and encouraging good practice
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• Promoting affirmative / positive action
• Promoting good relations between people of different racial groups
• Overseeing the implementation and effectiveness of the statutory duty on public authorities.
• Keeping the relevant legislation under review On 1 October 1999 the commission took over the functions previously exercised by the Commission for Racial Equality for Northern Ireland, the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission and the Northern Ireland Disability Council.
The Law
The Fair Employment and Treatment (Northern Ireland) Order 1998 makes discrimination on grounds of religious belief and/or political opinion unlawful in the following areas:
• employment • goods facilities and services • the sale or management of land or property • further and higher education • partnerships and barristers
Political and Religious Discrimination European standards and practices European standards Discrimination is not simply unfairness. To be discriminated against means to be treated less favourably than others.
The Fair Employment and Treatment Order (Northern Ireland) Order 1998 outlines situations where individuals may complain that they have been discriminated against on the grounds of religious belief and/or political opinion.
Political opinion is not limited solely to Northern Ireland constitutional politics and may include discrimination on grounds of a political opinion relating to the conduct or government of the state, or matters of policy e.g. conservative or socialist political opinions.
The Order defines three types of unlawful discrimination:
• Direct discrimination consists of treating a person on religious or political grounds, less favorably than others are, or would be treated in the same, or similar, circumstances. An example of this might be where the best candidate at interview was not appointed to a job because of their religion, whilst a less able candidate of a different religion was offered the post.
• Indirect discrimination consists of applying a requirement or condition, which, even without intent, adversely affects considerably more of one religious or political group than another and which cannot be justified on non--religious grounds. An example of this might be where an employer whose workforce is wholly or mainly drawn from one community, restricts promotions solely to internal candidates.
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• Victimization means treating someone less favorably than others because they have, for example complained of alleged discrimination or has assisted someone else to do so. An example might be where someone is dismissed because they were a witness for a colleague in a fair employment complaint. This dismissal would be discriminatory. European standrds and practices
People who believe that they may have suffered unlawful discrimination may issue legal proceedings. Legal proceedings are decided by an independent Tribunal, the Fair Employment Tribunal, or by a court.
Employment Provisions
The Order applies to all employers including sub-contractors and franchises, regardless of size. It is unlawful for an employer to discriminate:
• In recruitment and selection including arrangements for deciding who should be offered employment: in the terms on which employment is offered or by refusing or deliberately omitting to offer a person employment; • In the terms and conditions of employment; • In relation to access to benefits, including opportunities for promotion, transfer, training or any other benefits, or the refusal of those opportunities; • By dismissing an employee or causing him/her any other detriment.
Do these provisions apply only to employers?
No bodies and organisations other than employers are prohibited from discriminating including:
-Vocational organizations (for example, trade unions and professional bodies); -People selecting people for employment by others; -People for whom work is done under contract; -People providing training services; -Employment agencies and bodies conferring qualifications which are needed for or facilitate employment.
Exceptions:
Not all types of employment are covered by the fair employment and treatment legislation. Following are examples of some exceptions to the legislation:
* any employment or occupation where the essential nature of the job requires it to be done by a person holding or not holding a particular a religious belief or political opinion, for example posts with duties of a religious and evangelical nature; * the employment provisions do not apply to private households, partnerships with less than six partners and employment which is wholly outside Northern Ireland; * there are also exceptions with regard to specified employment groups such as clergymen and ministers of religion and teachers in schools.
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Affirmative Action
Affirmative action is a key mechanism for change contained in the fair employment legislation. Affirmative action measures are designed to ensure fair participation of all our citizens in the workplace, regardless of their community background. This may involve the adoption of practices aimed at encouraging fair participation, for example advertising job vacancies by including a statement welcoming applications from the community which is underrepresented in the workplace; or by modifying practices that may discourage fair participation.
To ensure the active practice of fair employment in Northern Ireland the law places five key duties on employers with eleven or more employees:
• Registration with the Equality Commission; • Monitoring the religious composition of the workforce and applicants for posts and returning this annually to the Equality Commission; • Reviewing the composition of the workforce and employment practices every three years to ensure that each community is enjoying fair participation in employment; • Taking affirmative action if an under-representation of one community is identified within the workforce; • Setting goals and timetables to assist in evaluating progress towards fair participation.
Detailed advice and information on these duties is available for employers free of charge from the Equality Commission. Employers should consult and follow the advice of the Fair Employment European standards and practices European standards Code of Practice. Goods. Facilities and Services
It is unlawful for service providers who offer services to the public to discriminate against a person on grounds of religious belief or political opinion in relation to the provision of goods, facilities and services. A service provider cannot refuse to provide goods, facilities or services (either for payment or not) or offer them at lower quality on religious or political grounds. Examples of such services include:
• access to and use of any place which members of the public are permitted to enter; • accommodation in a hotel, boarding house or other similar establishment; • facilities by way of banking or insurance or for grants or loans, credit or finance; • facilities for training; • facilities for entertainment, recreation or refreshment; • facilities for transport or travel; the services of any profession, trade or business or any local or other public authority.
Premises and Land
It is unlawful for anyone selling or managing property or premises to discriminate on the grounds of religious belief and/or political opinion. For example, it would be unlawful for a landlord to refuse to rent to or to evict someone on the basis of religion or politics. Similarly anyone selling land or premises, either by advertisement or through an estate agent, may not discriminate either on the terms on which land or premises are offered, or by refusing to sell to someone on the basis of religion or politics. There are some exemptions to these provisions, for example, they do not apply
218 Between the political convenience and equal opportunity to people who are renting out part of their own home in which they live or premises which come within the legal definition of ‘small premises’.
Further information can be obtained by contacting the Equality Commission. European standrds and practices
Making a Complaint
People who believe that they have been the subjected to religious or political discrimination in employment have a right to make a complaint to the Fair Employment Tribunal. Complaints about discrimination in the other fields, including goods facilities and services, premises and land, and further and higher education can be made to the County Court.
Anyone who believes that they may have been the victim of unlawful discrimination should seek advice as soon as possible as time limits apply to legal proceedings.
Under the fair employment legislation complaints relating to discrimination in employment should be made to the Fair Employment Tribunal either written three months of when the complainant first had knowledge of the act complained of, or within 6 months of the date of the act. Crucially it is the earlier of these times, which applies. In most cases this will mean that people who wish to take legal action about a Fair Employment complaint must do so within 3 months. In certain exceptional cases the Tribunal might extend these deadlines but simply not knowing that there were deadlines is insufficient reason for an extension of the deadline. Seek advice as soon as possible.
Complaints about discrimination in the field of goods, facilities, services, premises and higher education must be made to the County Court within 6 months of the date that the discrimination took place.
The Equality Commission can provide free and confidential advice and assistance to people who believe that they have been discriminated against for a reason relating to religious belief and/or political opinion. Assistance by the Commission ranges from simply giving advice to arranging for legal representation in some cases. The Commission does not decide whether discrimination has in fact occurred; this is for the Fair Employment Tribunal or the County Court to decide. Supporting Complainants Assistance by the Commission ranges from simply giving advice to arranging for legal representation in some cases. We can also take legal action against individuals and organizations in some circumstances; for example, if they have published a discriminatory advertisement. The Commission does not decide whether discrimination has in fact occurred; this is for an independent industrial tribunal or court.
Investigation & Enforcement The Commission has a wide range of powers to ensure compliance with the legislation; including powers of enquiry and investigation. One of our key aims is the promotion of affirmative/positive action to bring about greater equality in employment and the wider society. As a result of our investigations we can effect changes in policies and practices, where necessary through the use of non-discrimination notices, legally binding agreements or legally enforceable directions in some cases. Fair employment legislation also places additional duties on employers with regard to registration, monitoring and review of employment compositions and practices. We have a range of powers to audit these employer duties.
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Promoting Equality & Good Relations The Commission combines its enforcement powers with action to promote and encourage good equal opportunities practice. We provide information, advisory and training services to assist employers, trade unions, service providers, non-governmental organizations and others. We also offer an information and library service to all of these groups and to students, the media and the general public. The Commission issues publications and Codes of Practice, to provide guidance and set standards for fairness and equality, in areas such as employment, equal pay, housing and the provision of goods, facilities and services. The Commission also initiates public education campaigns to raise awareness and works in partnership with others to help build a more equal society.
Legislative Review The Commission monitors the way that Northern Ireland’s equality laws are working and makes recommendations to Government on ways in which they can be improved.
Help for Employers and Service Providers
The Commission provides free general advice to employers and service providers on recommended good practice under the fair employment and treatment legislation and the Code of Practice. It can also provide free training to employers and their staff on religious and political discrimination issues and has a wide range of information leaflets available to help employers and service providers understand their responsibilities in this area. In addition, it has a library service, which is available European standards and practices European standards to the general public. Copies of the Fair Employment Code of Practice in the field of employment are available free from the Commission.
Your Rights
Individuals in Northern Ireland are protected against discrimination if they have a disability or on grounds of race, religious belief or political opinion, sex, sexual orientation or married status.
If you have suffered discriminatory treatment, harassment or abuse on the basis of race, religious belief or political opinion, sex, sexual orientation or married status or because you have a disability, you have the right to complain.
Knowing your rights may help you sort out a problem before it goes too far. But if you can’t do this, you can use the law to get the discrimination, harassment or abuse stopped - and get some redress for the discrimination you have suffered.
The following sections give a general outline of the protection the law gives, how the Commission can help and how you can make a complaint. The information is not intended to be a fully comprehensive statement of the law and you should always seek advice at the earliest opportunity on your own particular circumstances if you think you have been discriminated against.
Employment related complaints If your complaint is about an employment matter, you have three months from the date of the incident you want to complain about to register an ‘originating application’ with the Office of Industrial Tribunals and Fair Employment Tribunals (OITFET).
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For complaints brought under fair employment legislation, you must register your application within three months from the date when you first knew of the act of discrimination, or within six months of when the act occurred, whichever is the earlier. Is there any other way of dealing with the problem without going to court or to the industrial European standrds and practices tribunal?
If you are in work and there is a union where you work, they may be able to help you to take out a grievance. Discrimination should be a disciplinary, in some cases even a dismissible, offence. But you should not delay seeking advice about filing a complaint while trying to resolve matters through the company’s internal procedures - you could miss the deadline for applying. You can always withdraw your case at any time if you reach a satisfactory agreement with your employer.
People often think their case is unanswerable until they realize that the evidence they need is in the hands of the person they say discriminated against them (known as the ‘respondent’). The legislation allows you to ask the respondent to give reasons for their action and to give you any information you think is relevant to your case. The answers you receive will give you some idea of the way the respondents are planning to defend their actions and you will at least know what it is you disagree about. You may even be satisfied with their explanation and decide not to go ahead with your case. If the respondents do not answer the questions, or try to avoid answering them, this could count against them at the tribunal or court hearing.
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Chapter - IV- Conclusions and Recommendations
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Conclusions and recommendations
This survey carried out in five countries in the region in order to get citizens’ opinion with regard to political discrimination clearly reflects young people’s perception on the current policy and socio- economic situation in the region. Young people from Albania, Macedonia, Montenegro, Kosovo and Serbia have more or less similar points of view on the actuality they live in. This survey included 1000 respondents in each country on the age of 18 to 35 years. Geographically the survey has included both urban and rural areas (administrative and non-administrative centers). The respondents are with different education level and professional engagement. Also unemployed people and students have been included. Conclusions
For the biggest part of the respondents the profession of a politician is the most profitable one. This is the opinion of young people from Albania, Macedonia and Kosovo. The second profession on the list is businessman preferred by young people from Montenegro and Serbia. In general it is these two professions that come on the top of the list in all countries of the region. It is defeating that other professions such as doctor, engineer, farmer etc, do not seem very attractive. Young people feel from Albania and Serbia feel more secure with employments in the private sector, while respondents from Macedonia and Montenegro believe that this security is offered more by the public sector, which points out the fact that there is not a good business climate in these two countries. There is a very interesting situation in Kosovo, where young people prefer work with the non-governmental sector. This connects to the fact of strong presence of foreign donors and missions in Kosovo.
Memberships in political parties or affiliations with the respective political party, as well as nepotism are the key factor in employment. This is what the respondents from the region believe. Respondents do not believe at all or usually don’t believe to political parties and consider that memberships in political parties is based on personal interest. It is a very low percentage of those who consider that the membership in political party consists on the contribution towards the social development. This clearly reflects the fact that political parties put their personal interest in front of the common one.
With regard to political parties’ influence in different fields of the society, the respondents from Albania, Macedonia, Montenegro and Serbia consider that this influence is mostly felt in the legal system, security structures, education and economy. On the other hand, in Kosovo, the influence of security structures in Kosovo is the lowest and it is totally understandable considering the fact that the security structures in Kosovo are on the hands of the UN mission.
Young people from the region, perceive the society they live in as discriminating towards citizens in employments in public institutions on the base of their political beliefs. The respondents put the relevance on the influence politicians have in employments, firings from work and particularly in promotions in professional careers. The biggest part of the respondents do not agree with the practice of firing from work in the public sector with the change of government as a result of the preferences the new government has. In this context, it is disturbing that the biggest part of the respondents are not aware or don not know any mechanisms for protection of employees from political pressures.
Regarding the issue of discrimination based on political basis in the last ten years, it is a big part of the respondents that say that they have not been brought to such situation, however most of them know cases where others have been discriminated based on their political beliefs. Only Kosovo
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represents exclusion in this context, where more than half of the respondents have declared that in the last ten years they have been subjected to political discrimination.
The solution of this issue i.e. strengthening unbiased and independent public institutions in employments on citizens can be reached through reforms in the public sector, the implementation of laws or foundation of an independent body that will work on the prevention of these phenomenon. Respondents from Montenegro believe that this problem can be overcomes through economic development and on the other hand respondents from Macedonia stress the EU candidate status as a key factor.
As a result of the abovementioned, it is a general determination that young people are everyday less interested in voting in elections. In Macedonia more than 1/3 of the respondents who have voted on the last elections, declare they will not vote on the next ones. This is a strong message to political parties on the level of their rating among the electorate.
This survey clearly indicates that problems citizens and particularly young people face with, are
Conclusions similar for the countries in the region. The political parties are deeply rooted in all fields of the society and the reforms are an imperative. It is necessary to engage all key actors in a society in order to overcome such problems and reach a level of independence of public institutions from political parties influence. It is an precondition for the creation of a healthy society and institutions responsive to citizens’ needs.
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Chapter - V- ANNEXES
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Cross-Cutting Initiatives (CCI)
“Cross Cutting Initiatives have given new creative impulses and inspiration ….each network do what they are good at and together we can reach further.”
“Cross Cutting Initiatives strengthen the synergy of work through resource sharing, cooperation in joint projects and advocacy enhancement”
(The above quotations are from some of the network partners involved in Cross Cutting Initiatives within the SEE Programme.) Annexes
A Cross-cutting Fund has been established to facilitate cooperation and partnership between the networks with the aim of combining skills and experiences from different fields and thereby creating synergy and larger civil society coalitions. The Cross-cutting Fund furthermore gives the network the opportunity to build capacities and exchange experiences by working together on concrete activities. This has developed into a strategical partnership with ongoing activities which none of the networks could carry out on their own.
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The FRESTA/SEE programme
In 1999, the Danish government established the FRESTA fund as a department under the Danish Ministry of Foreign Affairs. FRESTA is a Danish abbreviation for peace and stability. The FRESTA initiatives provides support to democratic institutions and structures, endeavors to strengthen civil society, works specifically in support of concrete reconciliation activities, and promotes cross-border activities. During the last years special emphasis has been given to South Eastern Europe, but the FRESTA concept/initiative is in principle global.
Since January 1 2004, the East Development Department and the FRESTA department under the Danish Ministry of Foreign Affairs have merged into one department called the office for the Neighbourhood (NAB) programme.
The South Eastern Europe programme (SEE programme) is a specific activity under the general FRESTA programme.
Annexes The SEE Programme has a regional approach where NGOs or institutions are linked in activity- based regional networks within four focus area identified as essential in building democracy, peace and stability. The four focus areas/pillars are:
· Human Rights · Refugees · Youth · Media
The SEE programme has developed over time - originally the focus was to re-establish cross- boundary contacts by bringing people working within the same professional area together. Over the years trust and acknowledgement of difference and complementary capacities has developed, and the networks are today regional platforms in their specific fields acknowledged by other actors. The networks are among others partners for Stability Pact MARRI, for the governmental South East European Cooperation Process (SEECP), UNV, UNESCO and Council of Europe.
The structure of the programme
Strong NGOs were invited to take part in the SEE Programme. A Danish partner organization has played an important role in facilitating the cooperation in the starting up-phase. Over time all networks have developed own decision-making and executive network bodies to ensure an effective and smooth cooperation and implementing of joint activities. The networks have gradually taken over more and more responsibility from the Danish partners and are now in most cases independent bodies funded directly by the Danish Ministry of Foreign Affairs. Flexibility has been a keyword since the beginning of the programme, where both the funding mechanism from the Danish Foreign Ministry and the structures of the networks are oriented toward constantly adapting the activities and strategies to the changing environment.
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SOUTH EAST EUROPEAN YOUTH NETWORK (SEEYN) www.seeyn.org
Background
The South East European Youth Network (SEEYN) was established in December 2000. The network is an attempt to overcome differences among societies that have recent experiences of conflict by bringing young people from the region to work together. Annexes SEEYN has members from Croatia, Bosnia and Herzegovina, Serbia and Montenegro, Bulgaria, Macedonia and Albania. Thematically, the member organizations vary from topic based NGOs (e.g. human rights, environment) to NGOs with a broader approach to youth issues or democracy building in general. Other members define themselves as voluntary service organizations. All member organizations have in common the inclusion of active volunteers in the organizations’ work and the belief in cross-boundary exchanges as an important tool for youth engagement in society and co-operation for peace and stability.
Vision and mission
The vision of SEEYN is to achieve a stable region with developed mutual understanding without prejudices among young people through their mobility, co-operation, and active role in society.
Strategy
Goals: To increase pro-social values and behavior amongst youth in SEE To contribute to youth employability in SEE
In 2005-07 SEEYN will work within the following strategic intervention areas:
1. Exchange Programmes and Development The objectives are 1) that work camp participants take part in activities which are pro-social, challenging, involve self-management, and which involve substantial contact with other cultures, 2) that the effects of the work camps are multiplied through participants that promote and transfer interest of VS to peers, and 3) to establish a concept of regional development workers (DW) in the field of voluntary service in SEE which help sustain and improve the pro-social values.
2. SEEYN Service
2.1 Organisations and institutions The objectives are 1) to enable NGOs and other institutions to support and implement and sustain high quality voluntary service, and 2) to foster positive role-models through voluntary service. 2. 2. Research and Publication The objective is to develop a knowledge base of the non-profit sector in the field of voluntary service (VS) in SEE based on theoretical background and concrete practical examples 2.3 Public Affairs The objective is to educate the general public about the impact of voluntary service.
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5. Network Maintenance The objectives are 1) to provide services to network members that the members are unable to generate from other actors, 2) to sustain network resources, and 3) to improve SEEYN governance in terms of transparency, efficiency and effectiveness.
Strategic partnership
Since 2000 SEEYN has worked closely with the Danish Association for International Co-operation (Mellemfolkeligt Samvirke, MS) on core activities such as work camps and other events, work camp leader training seminars and study visits. Since 2005 the financial and administrative responsibility of the network has been moved from the MS to SEEYN. As strategic partner, MS contributes to the sustainability of SEEYN.
Annexes SEEYN partners
SEEYN has developed projects with different national, regional and international organizations, programmes or Networks. Regarding regional advocacy activities, SEEYN is supporting a strategy based on partnerships with other main actors in the given field of attention. In the field of work camps and volunteer exchanges, close co-operation with other relevant international networks and regional initiatives is increasing every year.
Relations to Governmental Institutions The main expectation is to be recognized by governmental institutions and the public as a crucial actor in the SEE region for youth issues. Co-operation and sometimes confrontation with local and national governmental institutions are key factors in changing any legislation and practices, improving the visa system, reforming education, youth employment etc.
Partner’s networks/co-operation on international level A great potential lies within the cooperation with other FRESTA networks. Through active participation in important European seminars and meetings, the programme aims to build a stable and sustainable basis for regional and international short- and long-term volunteer exchanges. So far SEEYN has established cooperation with Alliance of European Voluntary Service Organizations, Youth Action for Peace, International Cultural Youth Exchange, United Nation Volunteers and Coordinating Committee for International Voluntary Service.
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Association for Democratic Prosperity – ZID history and profile
The Association for Democratic Prosperity – Zid (here-in-after: ADP – Zid) is the nongovernmental organisation from Podgorica, Montenegro, founded in 1996.
ADP – Zid has the Assembly and the independent Board of Directors, which are the governing bodies of the organisation. The executive bodies are the Executive director and Programme board. The organisation has several full-time and part- time staff as well as number of volunteers taking part in the organisation’s activities according to Annexes need.
ADP – Zid started its work as a small student organisation interested in solving problems of students at the University of Montenegro. Since then, the organisation was developing gradually in the same time changing range of interest and area of work implementing numerous projects and different activities. Currently, ADP – Zid is one of the strongest nongovernmental organisations in Montenegro. However, the focus of the organisation’s work was and still is on youth and their position in a society.
Today, ADP – Zid works on various kinds of projects and activities in the frame of the following three programmes: 9 Volunteers’ centre programme; 9 Community development programme; 9 Programme of information and culture.
ADP – Zid started the Volunteers’ centre programme (VoC) in 2001, aiming to promote and develop voluntarism in Montenegro. In order to achieve the goals of this programme ADP – Zid used various methods and activities such as: long – term volunteer’s exchange (European Voluntary Service / EVS) and in that way participating in the Youth Programme of the European Commission; short – term volunteers’ exchange i.e. international work camps; promotional and public awareness campaigns; non-formal education; researches in the field of voluntarism, etc. Through the VoC programme the organisation developed intensive regional and international cooperation with other NGOs and international organisations. Although this programme is the youngest in the ADP – Zid’s family, very soon it became the most dynamic programme of the organisation growing rapidly and showing significant potential
The Community development programme is the field in which ADP – Zid works ever since the organisation was founded aiming to improve quality of life of citizens in Montenegro, especially youth, and develop local community. Most of the projects and activities of the organisation implemented so far were in the frame of this programme - various public awareness and promotional campaigns, advocacy initiatives, conferences, seminars, round tables, non-formal education (trainings and workshops), researches, etc. ADP - Zid realised most of those projects together with other non-governmental organisations, mainly on the regional level, which was one of the main characteristics of the organisation’s work both at present and in the past.
The Programme of culture and informing is an important part of organisation’s activities supporting other two programmes. Namely, the first activity of the organisation – publishing of the magazine ‘Zid’ - was in the frame of this programme. Besides, the organisation was working on numerous other projects and activities such as exhibitions, concerts, theatre shows, street
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performances, production of documentary movies, publishing of books, and so on. The emphasis of this programme is the community development through culture and media and support of young, art talents.
The most important projects/activities of the organisation in lat three years were:
9 European Voluntary Service /EVS - four long-term volunteer’s exchanges-; 9 The short-term volunteer’s exchanges - five international work camps; 9 The advocacy initiatives – ‘Initiative for Jusovaca’, ‘Montenegro Advocacy Programme’ and ‘Save the river Tara’; 9 The citizens’ participation projects: ‘The citizens’ academy’, ‘SEE Youth-Info’, CCI ‘Albert Einstein’ and ‘Youth active in practice’; 9 The seminars, trainings and workshops – ‘EVS programme’, ‘PR seminar’, ‘The national/regional workshop on Youth programme, ‘Voluntarism and volunteer’s management’ and ‘Youth mobility for youth NGOs from SEE’; 9 The conference – ‘Voluntarism and public institutions’;
Annexes 9 The promotion and public awareness campaigns – ‘The work camps’ promotion’, CCI ‘EU is not a member of your party’ and CCI ‘You are right’; 9 The networking of the NGOs and cities - ‘The Citizens’ pact for SEE’; 9 The publishing – the magazine ‘Zid’ and book - ‘Black on White’; 9 The documentary movies – ‘In the way it goes’, ‘Jusovaca – feasibility study’, and ‘Voluntarism in Montenegro’; 9 The culture – different concerts, exhibitions, street theatre and art performances.
ADP – Zid is the member of several national and international networks - ‘Youth Montenegro’, SEEYN and hCa.
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Association for Democratic Initiatives
The Association for Democratic Initiatives came into being during a turbulent period of civil war and ethnic cleansing in Southeast Europe. Despite avoiding much of the bloodshed experienced in the other succeeding states of the former Yugoslavia, Macedonia did experience rising ethnic tensions between the various ethnic groups in the country. In order to ensure intercultural understanding, respect and cooperation among the ethnic communities a functioning civil society needed to be built that would help make the transition to democracy and avoid the social, economic and political disintegration experienced Annexes elsewhere in the region.
ADI had humble begins and its initial projects focused on civic initiatives that promoted voter education for the 1994 national elections and 1996 local elections. Activities prior to elections focussed on publishing and disseminating written materials, organizing public debates, conducting opinion polls, explaining changes in the new local election law and described voter rights and responsibilities, and encouraged voter turnout and civic participation. During the elections, ADI was deeply involved in monitoring the national and local elections in 1994, 1996 and 1998. The work included recruitment and training of more than 500 volunteers to monitor the elections. To facilitate this, several workshops and training seminars were organized. The development of a network of local volunteers and organizations was established to increase coverage of voting places and ADI organized a system to monitor the media during the campaign and election periods.
The promotion of inter-ethnic cooperation and intercultural learning has also been a consistent feature of ADI’s work in Macedonia. ADI has initiated several projects to promote the similarities between various ethnic groups in order to combat the perceived differences that divide the communities. ADI created and published a high-quality tri-lingual booklet that illustrates through pictures and text the common cultural traditions and history shared by Albanians, Macedonians and Turks residing in Macedonia. The publication has become a valuable teaching tool in the ethnically segregated public schools.
In order to further strengthen civil society ADI also invites volunteer organizations to use the technical equipment and facilities free of charge. ADI offers professional advice to individuals or groups of citizens who are interested in civic initiatives. ADI volunteers include accountants, doctors, economists, lawyers, teachers who donate their professional services.
More recently, ADI has undertaken major projects that promote human rights and build civil society in Macedonia following the signing of the Ohrid Framework Agreement, which provided peace to Macedonia following ethnic conflict in 2001. ADI was responsible for monitoring the implementation of this agreement and ensure its provisions were adopted and respected. Furthermore, ADI is currently a partner with Minority Rights Group International implementing activities as a part of the “Diversity and Democracy Program in Southeast Europe”.
Since the early years ADI has expanded its civic initiatives program throughout Macedonia by carrying out activities in more than 30 towns and villages. We have also expanded into other countries in the region with country offices in Bosnia & Herzegovina, Kosov@ and Albania. Finally, ADI now has representatives in New York and Western Europe, which all contribute to fulfilling the objectives of our Human Rights, Refugee, Democracy and Civil Society, and Education and Youth Programs.
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Albanian Youth Council
Organization Type: National Umbrella Organization of 80 Non- governmental, Non-Political, Youth Organizations.
Focus: Youth Organization, Youth, Children, Programs and activities for and from youth, influencing public youth policies prepared by the institutions, International Youth Relations Juridical Registration: 1994 – Ministry of Culture, Youth and Sports, 1995 – Tirana Court.
Address: Rr. Ismail Qemali, Pall 34/1, Ap. 5/3; Tel: +355 4 253 287, +355 60 20 95 487
E-mail: [email protected] ; Web site: www.albanianyouth.org Branches :Shkodra, Kruja, Dibra, Durrësi, Lezha, Elbasan, Korca, Gjirokastra, Vlora, Kukes, Saranda: YOUTH COUNCILS.
Annexes The branches: of AYC are the Local Youth Councils established in Prefectures, members’ basis, which are Local Youth Organizations, Youth Centers, and Local Student Governments
Members: Members of AYC are 80 youth NGO-s of 4 kinds (each kind creates a network) 1-Youth Association 2-Youth Centers 3-Local Students Governments 4-Local Youth Councils AYC is in the integration process in the European Youth Forum Is member of Coalition of Civil Society Against Corruption Is member of Steering Committee of Children Rights Alliance Member of Leading Board of Albanian Forum of NGOs Member of Coalition Against Trafficking
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Youth Cultural Center - Bitola
Youth Cultural Center - Bitola (YCC- Bitola) is an independent, non-governmental, non-partisan and non-profit youth organization.
It was formed in 1997 named Youth Cultural Association (YCA) as non-formal group of enthusiasts, young people and young intellectuals, part of them as freelanced artists, musicians, actors, organizers and people with advanced ideas. The first steps in the development of YCA were realized by organizing various cultural events (poetry evenings, concerts, alternative theatre performances and exhibitions). As a Annexes result of growing needs for more intensive activities in the field of culture, in September 1999 YCA was registered as NGO. After the period of internal reinforcement, restructuring and lack of finances YCA in April 2000 rents a working office and started working on the development of different projects. In May 2002 due to organisational restructuring YCA has been transformed into higher form of NGO and changed its name in Youth Cultural Center - Bitola. Today, YCC- Bitola is located in renovated three storie house in the center of Bitola, Macedonia and has all technical resources for development of its programs. Vision: Our vision is developed democratic society in which the young people are the leaders of the progress. Youth Cultural center- Bitola to be a part of developed youth and cultural infrastructure in the region of South Eastern Europe.
Mission: To unite and develop the creative potentials of young people and to increase the level of their participation in civil society development.
Goals: To reinforce and develop youth initiatives Development of urban culture and production Membership capacity building and development of voluntarism Development of democracy and civil society
Main activities: Organization of cultural events (concerts, exhibitions, promotions, debates, theatre and multimedia performances) Education of youth (courses, workshops, trainings, seminars) Support of civic initiatives and campaigns Networking and partnerships with NGOs and institutions
Programs: 1. Civil society development 2. Education and volunteer service 3. Cultural agenda 4. Publishing and production
Contact: Car Samuil 29 Bitola 7000 Macedonia Tel: ++ 389 47 233 020 Fax: ++ 389 47 203 925 E-mail: [email protected]
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Educational center Krusevac
NGO Educational Center was established in July 2000. Because we were unable to register the organization in the Republic Ministry of internal affairs, we acted as an informal group until May 2001.
Educational Center Krusevac (EC) was registered in may 2001, in the Federal Ministry of Justice as a non-governmental, non-political and non- profitable association of citizens with the vision of a developed civil society that respects and defends the rights of every citizen.
The Mission of EC is promotion and development of the civil society and active citizens, in the local community.
Values Care, relationships, communication, activism, community Annexes EC Aims are: - animation and implementation of citizen activism, through volunteer engagement - promotion, protection and advancement of human rights - affirmation and application of alternative education - construction and development of the local community - promotion and confirmation of the non-governmental sector in the local community and “Rasina Area” - respect of differences - promotion of peace and non-violence
EC will realize it’s aims through these activities: - education of the public through alternative workshops for acquiring concrete knowledge and skills - organizing educational seminars, workshops, tribunes, town meetings, campaigns, consultation, “round tables”, lectures on democracy, civil society, science, culture, art... - establishing cooperation and partnerships with the local government and profit sector - establishing cooperation with other non-governmental organizations in the country and abroad
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Association for Democratic Initiatives - Kosov@
The Kosovo program has all the above-mentioned components on it but it will differ slightly, due to the specifics in the level of development, education and the overall situation in Kosovo. In its initial phase, the Kosovo program will focus in some aspects that are of immediate need like:
· Legal Assistance Center– aiming to fill the gap of information and awareness on judicial and legal system of Kosovo as well as to increase the traditional Annexes distrust of the majority Albanian ethnic population in the public institutions. · Psychosocial activities with the youth combined with early warning and mine awareness components – aiming to cure the post war trauma and increase the awareness of the young generation on the risk of mines and unexploded missiles. · Educational – providing free courses on foreign languages aiming to increase employment opportunities of the population in general, with special emphasis to the mostly endangered groups of the population. · Publishing- Kosovo NGO Bulletin – aiming to promote the activities, movements and happenings in the NGO society both local and international as well as to serve for promotion of future plans of the NGOs in Kosovo.
ADI has a more specific approach on the implementation of the above-mentioned programs and has specific strategy in identifying the needs both long term and short term. The specifics of work of ADI are to use the experience in the similar projects that have already been implemented in Macedonia and adopt them to the Kosovo environment. The goal of ADI is to create a strong NGO base in Kosovo and support civic initiatives.
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Questionnaire on Political Discrimination
The aim of this questionnaire is to collect information and opinions of the citizens related to the correlation of employment and political parties. We will present you some questions, and we will appreciate your answers that will help us evaluate if we there are equal opportunities in employment. The questionnaire is anonymous. THANK YOU for your time and answers.
Your residence: * Administrative center * Not Administrative
Age: * 18 – 25 * 26 – 35
Gender: * female Annexes * male
Education: * Elementary * Secondary School * Superior
Your employment status: * Employed * Unemployed * Student
1) If you are employed, what is your average income per month? * Up to 100 EURO * 100-200 EURO * 200-500 EURO * 500-1000 EURO * More than 1000 EURO
2) By your opinion, what is the most profitable profession of all? * The doctor * The politician * The private businessman * The engineer * Other
3) Are you a member of some political party? * Yes * No 4) Did your parents encourage you to be member of any political party in order to get e job * Yes * No
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* I don’t know 5) Why do you think people join political parties? * Only for achieving their personal interest * In order to build up their political career * To help the development of their society * I don’t know * Other
6) In which level do you trust political parties * I don’t believe at all (1) Annexes * I usually don’t believe (2) * Neither believe neither don’t believe (3) * I usually believe (4) * I completely believe (5)
7) By your opinion, why political parties engage youngest people and unemployed? * To involve them in a political life * In order to collect more votes * I don’t know * Other
8) Where would you preferred to work, (choose from the below examples) In the public institutions * In the private sector * NGO * In none of these working options
9) What is the most decisive factor you must have to get a job or what do you think that you must have in order to get a job? * Professional skills * Connection and being member of some politic party * Nepotism. Other private connections – family, friends * Luck * The average from school * Other
10) We are asking you to estimate the influence of political parties on the next areas of the social life: * Economy 1 2 3 4 5 * Science 1 2 3 4 5 * Agriculture 1 2 3 4 5 * Culture 1 2 3 4 5 * Legal system 1 2 3 4 5 * Health system 1 2 3 4 5 * Security sector 1 2 3 4 5 * Educational system 1 2 3 4 5
11) Do you think that there is the difference in public administration between professional stuff and politically appointed functions? * Yes * No * I don’t know
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12) Do you think that there should be the difference in public administration between professional stuff and politically appointed functions? * Yes * No * I’m not sure
13) How do you estimate the changing of professionnels by changing the political parties in the governemet? * They are discriminated * Injustice * They are doing right, because they are hired through political parties, * I don’t know * Other specify______
14) Do you think that in the area you live, young people are discriminated based on their political believe in process of employment in Public institutions? * Yes Annexes * No * I don’t know
15) Can you accept to be hired by one political party, with risk that you can be fired when the ruling party can be changed? * Yes * No * I don’t know * Other specify______
16) The independence of the citizens in the employment process could be obtained through/encircle 3 options/: * Through the reform of the public service * By creating the independent body that would prevent this occurrence * By putting the existing law into effect * By more active role of the Unions * By increasing the citizen’s conscience about this problem * By becoming the country that is a candidate for the EU membership * By developing the country economically * With political changes * Other specifies (if you wish)
17) By your opinion, which of these suggested bellow (this is an example of a Ministry), are “professional positions” in the public administration? (Choose few options) * Minister * Public relations advisor * General Secretary * Secretary * Advisor for monetary system * Archivist * Driver * Technical stuff
18) What do you think, after elections most of the job position changes are? * Political positions * Political and administration position * I’m not sure
244 Between the political convenience and equal opportunity
19) Do you think that politics can influence one’s business to hire you or fire you? * Yes * No * I don’t know
20) Do you know any mean or mechanism that protects employees from political pressure during elections or after elections? * Yes * No * I don’t know Annexes
21) Have you, or someone you know, ever been in a situation of being discriminated on the basis of political believe, during this last 10 year? * Yes * No * I’m not sure * Other specify______
22) Did you vote on the last elections? * Yes * No
23) Are you going to vote on the next elections? * Yes * No * I don’t know
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