PROJECT ON LOCAL POWER

Report on the conference on local power held in Tirana

Following the work carried by the monitoring groups, both in the town and its surroundings, (the report has already been sent) on 20 March 1998 a conference was held in which problems related to local power were dealt with.

Participants in this conference were representatives of various sectors of the local government, from the central government, public order, as well as from various NGO-s. Also participated representatives of the Tirana municipality, of the District Council, as well as from municipality of Kamez. Representatives from the State Secretariat for Local Government and from the Prefecture of Tirana also attended the meeting. Particular interest was shown by the central government and the Minister of Institutional Reform, Mr. Arben Imami, was one of the guests of honor. The NGOs were represented by the Institute of Contemporary Studies and the Society for Democratic Culture. The meeting was as well attended by a OSCE observer.

Ms. Christine von Kohl and Ms. Petra Winter of the International Helsinki Federation were also present.

The conference was chaired by Prof. Arben Puto, Executive Director of Albanian Helsinki Committee(AHC). In his opening speech he underlined the fact that the Project on Local Power is being carried out thanks to the generous support of the Austrian Government. The involvement of the Austrian Government finds expression through a contract agreement between the Vienna Government and the International Helsinki Federation. The Helsinki Committee is charged with the task of materializing and implementing this project.

It has been stressed that the question of local power is particularly sharp. It is an imperative need that the local power finds its right place in the governing of the country, that the autonomy of the local power does not simply remain as a declarative principle, but is materialized in practice. It has been particularly emphasized the crucial role of the local government as a first instance and a vital one in securing the respect for human rights. In truth, it is the local power which is closer to the simple citizen and can cope with their problems and concerns.

On the other side, it has been pointed out that under the present circumstances (our previous observations support this) the local power is far from the required standards.

Further on Prof. Puto went into analyzing in detail the project and the phases to be followed both in time and various districts of the country.

The debate started with Mr. Ledi Bianku, lecturer at the Faculty of Law, presenting the European Charter of Local Autonomy. While considering the general principles of the said Charter he emphasized the fact that there is a clear political will that such principles serve as the basis of the organization and functioning of the local power in Albania. It can be said that the state structures involved with the problem of local government have already made the first steps in this direction to integrate this Charter as a constituent part of the Albanian legislation. It is worth noting that this has been one of the strongest requests presented by local power bodies as it appears from meetings we have had with their representatives, he stated. Adapting the Albanian legislation to the European Charter of Local Autonomy, will be at the focus of our attention even in the process of drafting the Albanian Constitution, concluded the speaker.

Mr. Niazi Jaho, legal adviser to the AHC, made a brief remark on a compilation of legislative acts related to local power recently published by the State Secretariat for Local Power. He emphasized the importance of such a publication during the preparatory phase of drafting the new Constitution, in which the norms and principles related to local power should be regarded as a priority. Mr. Jaho underlined the fact that the legal acts regulating the activity of local government have always existed. In various legal acts or decrees a particular importance has been dedicated to the rights and freedoms of citizens. The local power bodies are also asked by law to pay due attention to such rights, to find solutions to problems faced by citizens and to listen carefully to their objections and proposals. Hence, he noted, one can say that in principle, the theme is dealt with in a correct way, however if we refer to the reality, it appears that there are many substantial gaps in the functioning of the local power institutions. The complaints, requests and suggestions made by citizens are not treated with due consideration, solutions are not given in due time and this, in many cases, opens the way to the practices of self-justice.

Further on, Mr. Jaho dealt with the problem of improvement of the current legislation. In this framework he considered it as a must to deal with attention to the question of having a new administrative division, a distribution which would fit better to the present circumstances and which would be flexible and free from unnecessary intermediary chains. To improve the legislation it is an imperative to pay due attention not only to the experience of other democratic countries, but the tradition of the country should be also taken into consideration.

As it has been previously pointed out, the AHC has established close contacts with the Institute of Contemporary Studies. One of the objectives, or field of studies of this Institute, is also what they call reform of the local government. The views of this Institute were presented in the meeting by Prof. Genc Ruli, Chairman and Artan Hoxha Executive Director. From the very start they emphasized the fact that the reform of the local government should not be conceived as a marginal part of the institutional reform, but as an integral, important part and as a fundamental part of the entire institutional reform.

The reform of the local government should not be a partial one. It should follow three directions which are in harmony with each other: a) establishing functions and legal competencies in accordance with the European Charter of Local Autonomy; b) transfer or creation of financial resources of the local government bodies and their right to administer these resources un-hindered; c) the creation and development human resources and their capacities for people working with the local government.

The idea of reforming the local government in a long term phase was also addressed. This should be based on a ten-year-long national program. Such a program should be designed taking into consideration the above mentioned principles, but also through finding a consensus among all important actors of the Albanian politics and with the approval of donor countries. In this way the forthcoming program would not be altered and influenced by the short-term political interests of certain political forces. It was recommended the organization of a round-table by the President of the Republic, as the best way to reach consensus. In this round table would participate not only the ruling coalition parties, but also parties of the opposition and NGO-s.

Apparently this is a long-term program, but in the mean time some short term initiatives could be undertaken, which effect would be real and concrete: they could also serve as a test for establishing trust and cooperation between the central and local government, which are respectively controlled by the Socialist and Democratic parties. Such initiatives could be the following: a) the shifting of some competencies related to personnel and funds from the departments of the ministries in the districts (education, agriculture, health) to the district councils or municipalities; b) the transfer of ownership of certain properties to the local government; c) the implementation of certain pilot projects on the transfer of ownership for energy, aqueducts, irrigation systems, roads, to the municipalities which could create, within a short period of time, managing capacities; d) an immediate step to be taken is the signing of the European Charter of Local Autonomy something which should be done before the approval of the Constitution, so that some of its basic principles are reflected in it.

As a conclusion, both representatives of the Institute of Contemporary Studies expressed their appreciation for what they called a general constructive spirit with regard to the decentralization of local government. They considered it as a great achievement. However, on the other side, they expressed concern for the fact that the division of powers between the Socialist party, which is currently controlling the government, and the Democratic Party which has control over the local government, carries in itself the high risk of shrinking the political will for the decentralization of powers and strengthening of local government. Such a risk could be eased if the NGO-s play an active role.

The Society for Democratic Culture is also involved and is striving hard in the consolidation of local power. AHC has established contacts with this Society. These contacts will be furthered through some joined monitoring activities in various Albanian districts.

Ms. Miranda Gace, Executive Director, took the floor on behalf of this organization. In her speech she focused the attention on the transparency of the local government as the best means to induce citizens towards self-governance. The Society, she said, since three years has been engaged in joint activities with the local power. The purpose of this activity has been two fold: a) to familiarize citizens with the legislation related to local power, which in many aspects constitutes a new phase in the development of the Albanian society; b) in promoting a regular communication between representatives of local power with the citizens to boost their cooperation.

From the fact-finding made by the Society it came out that about 80% of the municipalities do not make any publicity to the meetings of the municipal councils, whereas in 20% of them, though this principle is being implemented, participants in these meetings are only municipal employees and effort is made to invite simple citizens. Perhaps, this is a result of the lack of a preparatory program in which meetings open to the public are made known, as well as due to the lack of space to hold such large meetings.

Ms. Gace also noted that until the law on the organization and functioning of the local government is approved, efforts should be made that, within the actual legal framework the necessary spaces are found to boost the participation of citizens in the process of governing, as a right they gained through their vote.

In conclusion, Ms. Gace praised the role of NGO-s which focus their activity in the civil education and human rights, in alleviating and narrowing the gap that exists between citizens and the executive branch and in stimulating their active participation in the community where they live.

Col. Fadil Canaj, Director of Police in Tirana, discussed on the links the local government should have with the police forces. According to him these links should be clearly defined in the law. The forthcoming law should have a most necessary element, i.e. the dependency of the police forces on the local government. This, however, does not hinder the principle of vertical dependency on the Ministry of the Interior. On the other side, an imperative need is the creation of the municipal police, as a body which will assure the implementation of the decisions taken by the local government. A combined action of the municipal police and the organs of the police forces would guarantee an efficient implementation of decisions taken by the local government.

In her speech, the Prefect of Tirana, Ms. Makbule Ceco stressed that currently it is of extreme importance a large debate and the sensitizing of the public opinion on the need of strengthening the local autonomy. Ms. Ceco basically dealt with two major problems, namely: a) at the current level of autonomy as expressed in the existing legislation and b) in the directions in which the existing law should be improved. In general, said the Prefect, the current legislation is not far from the European standards of the local autonomy, viewed this also under the optics of the European Charter of Local Autonomy. In truth, the local power does not lack competencies as provided for in the current legislation. But, first of all, it is important that some clarification and improvements are made, particularly with regard to the competencies in the financial aspect. Without denying the need to improve the current legislation, the main focus should be the increase of efficiency of work of the local government in managing better the existing competencies.

To achieve such an objective, the Prefect deemed the revision, first partial, of the territorial organization and later more extended in time, as an imperative measure so has to carry out a comprehensive study on a new territorial-administrative division at country level. The actual division was considered as quite inadequate, with big discrepancies between the administrative units created solely on political considerations.

In this point the Prefect noted the example of Tirana, where the problems of the current phase are quite dramatic. The sum total of such problems and the difficulties stemming from them make it an imperative need to have a larger decentralization of the local government in the capital town and its surroundings. She again reiterated the idea for reorganizing the structure of the capital city from 1 to 5 municipalities, as structures which are supposed to get closer to the problems faced by the citizens. (See our report for the period between January-February 1998).

The Prefect also shared the opinion that the main problems related to the local autonomy should become an object of consideration during the drafting process of the Constitution and that they should find their proper place in it.

The General Director for Local Government at the State Secretariat for Local Power, Mr. Taulant Dedja, expressed some general considerations on the situation of the local power and focused his attention in the measures being taken in re setting to normal functioning of the organs of local power. He noted that most of the local government bodies have emerged so far from the crisis period and have started to function normally. With regard to this, he noted that in a number of centers municipal elections should take place due to the vacant posts that are created because of the resignation of some of the mayors or abandon of job by some others. Currently their functions are carried either by their deputies or delegated persons from the Council of Ministers, which obviously have been appointed according to the legal provsions in force. These partial local elections shall take place in the following municipalities: Kavaje, Vlore, Vore, Shijak, Patos, Roskovec, Ura Vajgurore and in the communes of Bushtrice, Lure, Sinballaj, Gjergjan, Zavaline, Greshice, Proger, Lazarat and Dhiver.

Further, he informed the meeting on the measures being taken with regard to improvement of the legislation regulating the activity of local power. Such measures aim at increasing the financial autonomy of the local power. In this framework, he mentioned some draft laws, as for example the one on local budget, local taxes, taxation of property (a tax which goes 100% at the benefit of local power), administrative contravention (80% of the fines go to the benefit of the local power). Particular attention is being paid to the creation of the structures for the municipal police, which is envisaged to have a personnel of 1526 officers at country level, divided according to the communes and municipalities. For the municipality of Tirana it has been envisaged a personnel of 126 officers and policemen. Mr. Dedja informed the meeting also on the intention of the Government to sign in next future the European Charter of Local Autonomy.

The Chairman of the District Council, Ms. Hatixhe Kellezi spoke about some urgent problems concerning this shackle of the local government. In a majority of European countries - she said - the local government is organized on two levels: a) local power on the spot; b) local power on a regional scale. In Albania to the first level belong the municipalities and the communes, while to the second level belong - the districts.

Ms. Kellezi focused, in particular, on the problem of the efficiency of the District Council in relation to some doubts expressed whether they should exist or not. She insisted upon the imperative need for them to work as an essential shackle of the local government. Three fold considerations were brought in the support of this idea: a) district council is assigned the task to deal with a number of sensitive problems which are common to many communes as aqueducts, roads, sewers, etc.; b) also problems related to the projects on development regulation of the area and c) last but not least, the district council, according to the Law on Local Power of 1992 is entitled to control the compliance to law by the organs of public order. She noted in this regard that, although large competencies are assigned to them, in general, district council fail to exercise them in practice, to be more close to the needs of citizens and this is because of the lack of legal instruments of executive nature. This is in fact the real reason why the role of the District Council is far from any standard.

Ms. Kellezi concluded by reaffirming her concern at some cases of violation of the law in dismissing the members of the District Councils. In this relation, she mentioned the cases of the chairman of District Council of Gramshi in September 1997 and that of Kortcha in January 1998, who were both dismissed in discordance with the legal regulation.

The Mayor of Tirana, Mr. Brojka being out of city, the Municipality was represented at the meeting by Mr. Erind Kraja, director of personnel and organization and Ms. Violeta Bendo, economic counselor. Both of them pointed out the tremendous work that the Municipality of the capital is facing and the serious difficulties it is meeting during its activity. Many complaints are formulated by the citizens during the open to public meetings organized from time to time, where they express disappointment that their elementary rights find no solution. The response to this by the officials of the Municipality is that they are deprived of the needed powers to afford the situation.

The main problem for the Municipality in Tirana, - they added - is the lack of funds. The solution is to entrust the local power with the management of taxes on a local level, to be used in the interest of the community according to a timetable approved in advance. In addition to this, for the same purpose, the Municipality should be accorded some objects in its direct ownership, first of all land property to be administered according needs. Once again, the lack of municipal police was mentioned as a serious short-coming. This police force is all the more needed as an instrument to combat the drive to illegal constructions, which are spreading all over the city just because of the inefficiency of the municipal authority.

On his part, the Mayor of Tirana, Mr. A. Brojka, back from his mission abroad, in a statement issued after the conference expressed deep dissatisfaction regarding the state budget assigned to the capital for 1998. This budget amounts to 1.8 million USD. Brojka argued that this budget is far from the real needs of the city. It would suffice only for about 5% of road repairing and some minor improvements in sewerage, housing, etc. Some very problems of emergency, related to the growing number of new comers settled already in Tirana suburbs, are left out of due attention, Brojka added.

Conclusion

To summarize, both the fact-finding previously made and the discussion during the conference one cannot but conclude that the functioning of the local government is far from the standards and behind the real needs of the citizens in these circumstances. The picture of HR is highly problematic, in the sense that there cannot be any real implementation of HR standards without a substantial and speedy improvement of the local government. This is true in relation to all the population of the capital, which is assuming more and more the character of a metropolis. But, it is much more dramatic in regard to thousands and thousands of newcomers installed in the suburbs of the capital in condition reminding the third world.