Safe Communities (AL0064)

COMPONENT IV: Open governance for creating safe communities
The policy goal of this activity is:
• Control and denunciation of corrupt practices in public institutions by the AntiCorruption Task Force
• Increasing the transparency of the National Coordinator against Corruption in
monitoring the implementation of the Cross-Sectorial Anti-Corruption Strategy.
• Encourage citizens to use mechanisms for denouncing and preventing corruption
• Improving the handling of counter-corruption denunciations
• The strengthening of anti-corruption prevention mechanisms
COMPONENT IV: OPEN GOVERNANCE FOR CREATING SAFE COMMUNITIES
Leading institution Ministry of Justice
Other participants Government CAC /MJ
ADB
DPPSH
ILDKPKI
Civil society
Private Sector
“Open Society for Albania” SOROS
INFOCIP
Status quo or problem / issue being
addressed
Corruption is the main obstacle to the path of sustainable political,
economic and social development of states. In 2013, Albania marked
again for the third year last country side from the countries of the region
in the ranking of the global corruption perception index, thus taking the
mark as the most corrupt country in Europe. Decline - the rise of public
perception over the last 10 years, objectively, coincides with
committed or lacking governance reforms. For this reason, the
government considers public perception of corruption not only as an
indicator of its (corruption) state of affairs but also as a measure of the
success or failure of government policies and programs in the fight
against corruption.
Against this background of facts and this political and social
awareness, with the ultimate goal of modernizing governance in the
country, the government is committed to uncompromising and zero
tolerance against corruption by giving this public policy the priority it
deserves.
The priority of the government in this area is best suited to the
conditionality set by the European Union to open negotiations for EU
membership. The fight against corruption is one of the five policies that
our country is advised to follow with priority in the country's European
integration process. Likewise, prevention and punishment of
corruption is an obligation deriving from Albania's adherence to
29
international instruments for the fight against corruption such as the
United Nations Convention against Corruption, the Council of Europe
Criminal Convention against Corruption, the Council of Europe's Civil
Conven- tion against Corruption etc.
In response to the country's development needs and legitimate
expectations of our public and our international partners, the
government aims to undertake an anti-corruption effort that includes a
threefold preventive, punitive and aesthetic approach. Commitments
undertaken and set objectives are in line with the obligations stemming
from the Stabilization and Association Agreement and EC
recommendations for Albania to join the European Union.
Corruption and its fight continue to be one of the major challenges and
one of the major crosscutting priorities for Albania. During 2007-2010,
governmental reforms have aimed at modernizing state administration
and its work processes, thus contributing to preventing corruption in
areas where corruption was at very high levels and where the impact
on the country's economy was significant.
Thus, through regulatory reforms in the field of auditing, the creation
of an electronic procurement system in order to increase transparency
in the field of public procurement, increased the performance of the
government in these areas, as evidenced by the composite indicators of
various international institutions. Likewise, the establishment of the
National Business Registration Center, the National Business
Licensing Center, and the establishment of E-Tax and E-Customs
systems, has considerably alleviated the relevant administrative
procedures and reduced the personal contacts of service users / seekers
with the administration, and has contributed to reducing the level of
corruption in these sectors.
Main objective / Purpose of the policy The policy goal of this activity is to control and denunciation the
corrupt practices in public institutions by the Anti-Corruption
Task Force
OGP challenge affected by engagement Improvin
g public
services
More
efficient
manageme
nt of public
resources
Increase
public
integrity
Increasing
corporate
accountabil
ity
Creating a
safer
community
X X X X
It is important to improve: Transpar
ency
Responsibil
ity
Citizen Participation Technology
and
Innovation
X X
Measurable and
verifiable
achievements to
accomplish
engagement
Result
Indicators
Output
Indicator
s
Responsib
le
Institution
New or
continued
engagement
from the
2016-2018
action plan
Start date End date
30
4.1.1 Establish
control groups
No. of control
groups of
control reports;

No. of the
measures taken
at the end of
the controls;

No. of the
cases referred
to the
prosecutor
Improve
the
corruptio
n
perceptio
n index
CAC MJ New
engagement
April
2018
Continues
4.1.2 Draft a
calendar / control
plan
New
engagement
April
2018
Continues
4.1.3 Conduct audits
in public institutions
New
engagement
April
2018
Continues
4.1.4 Finding /
compiling the audit
report
New
engagement
April
2018
Continues
4.1.5 Proposed
measures
2
Main objective / Purpose of the policy The policy goal of this activity is to increase the transparency of
the National Coordinator against Corruption in monitoring the
implementation of the Cross-Sectoral Anti-Corruption
Strategy.
OGP challenge affected by engagement Improvin
g public
services
More
efficient
management
of public
resources
Increase
public
integrity
Increasing
corporate
accountab
ility
Creating a safer
community
X X
It is important to improve: Transpar
ency
Responsibili
ty
Citizen Participation Technology and
Innovation
X X X X
Measurable and
verifiable
achievements to
accomplish
engagement
Result
Indicators
Output
Indicator
s
Responsible
Institution
New or
continued
engagemen
t from the
2016-2018
action plan
Start date End date
4.2.1 Online CAC
communications on
TF CA control cases
CAC
Reporting
Publication of
dhënave të
kontrollit
Informin
g the
public
about
rastet e
korrupsi
onit me
mjete
audiovizuale,
etj
CAC/MJ New
engagemen
t
April
2018
Continuing
4.2.2 Publication and
Accessibility of
publikut dhe grupeve
të interesuara për
gjetjet e kontrolleve
të kryera
New
engagemen
t
April
2018
Continuing
31
3
Main objective / Purpose of the policy The purpose of the policy of this activity is to encourage citizens
to use mechanisms for denouncing and preventing corruption
OGP challenge affected by engagement Improving
public
services
More
efficient
manageme
nt of
public
resources
Increase
public
integrity
Increasing
corporate
accountab
ility
Creating a safer
community
It is important to improve: Transparen
cy
Responsib
ility
Citizen Participation Technology and
Innovation
X X
Measurable and
verifiable
achievements to
accomplish
engagement
Result
Indicators
Output
Indicators
Responsib
le
Institution
New or
continued
engagemen
t from the
2016-2018
action plan
Start Date End date
4.3.1 Periodic
reporting of ADB on
platform
denunciations
Peridic ratio
produced and
made public
Public
informatio
n on
corruption
cases with
audiovisual
means,
etc.
ADB New
engagemen
t
October
2018
Continuing
4
Main objective / Purpose of the policy The policy goal of this activity is to improve the treatment of
denunciations against corruption
OGP challenge affected by the
commitment
Improving
public
services
More
efficient
manageme
nt of
public
resources
Increasing
public
integrity
Increasing
corporate
accountab
ility
Creating a safer
community
X X X X
It is important to improve: Transparen
cy
Responsib
ility
Citizen Participation Technology and
Innovation
32
X X X X
Measurable and
verifiable
achievements to
fulfill the
commitment
Result
Indicators
Output
Indicators
Responsib
le
Institution
New or
continued
committme
nt from the
2016-2018
action plan
Start date End date
4.4.1 Improved
handling of
denunciations against
corruption
Tracking,
investigating
and
prioritizing
treatment by
specialized
structures
against
corruption of
citizens'
denunciations
Keeping
comparable
data on highlevel
corruption
offenses
Interinstitutional
reconciliation
for the
criminal
offenses of
high-level
corruption
investigation
Increasing
the
number of
complaint
s against
corruption
in the
administra
tion;
Increase
of interinstitution
al
cooperatio
n in
investigati
ng highlevel
corruption
cases
DPPSH New
engagemen
t
Trimester
4, 2018
2020
5
Main objective / Purpose of the policy The policy goal of this activity is to strengthen anti-corruption
prevention mechanisms
OGP challenge affected by
committment
Improving
public
services
More
efficient
manageme
nt of
public
resources
Increase
public
integrity
Increasing
corporate
accountab
ility
Creating a safer
community
X X X X
It is important to improve: Transparen
cy
Responsib
ility
Citizen Participation Technology and
Innovation
33
X X X X
Measurable and
verifiable
achievements to
fulfill the
commitment
Result
Indicators
Output
Indicators
Responsib
le
Institution
New or
continued
committme
nt from the
2016-2018
action plan
Start date End date
4.5.1 Completion of
the procurement
procedure and
signature of the
software
development contract
The
declaration of
assets online
by declaring
subjects
The
declaratio
n of assets
online by
declaring
subjects
ILDKPK
I
New
committme
nt
Tremeste
rI, 2018
Tremester I,
2018
4.5.2 Completion of
procurement
procedure and
signing contract for
hardware
infrastructure
Tremeste
r 3, 2018
Tremester 3,
2018
4.5.3 Software design Tremeste
r 4, 2018
Tremester 4,
2018
4.5.4 System
development and
infrastructure
building
Tremeste
r4, 2018
Tremester 4,
2018
4.5.5 Implementation,
virtualization /
termination of the
operating system,
installing

4. Open governance for creating safe communities

Milestones: [28]

The policy goal of this activity is to control and denunciation the corrupt practices in public institutions by the Anti-Corruption Task Force.

4.1.1 Establish control groups

4.1.2 Draft a calendar / control plan

4.1.3 Conduct audits in public institutions

4.1.4 Finding / compiling the audit report

4.1.5 Proposed measures

The policy goal of this activity is to increase the transparency of the National Coordinator against Corruption in monitoring the implementation of the Cross-Sectoral Anti-Corruption Strategy.

4.2.1 Online CAC communications on TF CA control cases

4.2.2 Publication and Accessibility of publikut dhe grupeve të interesuara për

         gjetjet e kontrolleve të kryera

The purpose of the policy of this activity is to encourage citizens to use mechanisms for denouncing and preventing corruption

4.3.1 Periodic reporting of ADB [29] on platform denunciations

The policy goal of this activity is to improve the treatment of denunciations against corruption.

4.4.1 Improved handling of denunciations against corruption

The policy goal of this activity is to strengthen anti-corruption prevention mechanisms.

4.5.1 Completion of the procurement procedure and signature of the software

         development contract

4.5.2 Completion of procurement procedure and signing contract for

          hardware infrastructure

4.5.3 Software design

4.5.4 System development and infrastructure building

4.5.5 Implementation, virtualization / termination of the operating system,

         installing

Start Date: 2018

End Date: 2020

Context and Objectives

This commitment aims to strengthen Albania’s anticorruption institutions and mechanisms by:

• increasing the effectiveness of Albania’s two main anticorruption bodies, the Anticorruption Task Force and the High Inspectorate of Declaration and Audit of Assets and Conflicts of Interests (HDAACI),
• increasing the transparency of the National Coordinator on Anticorruption (NCA),
• monitoring the implementation of the Cross-Sectoral Anticorruption Strategy, [30]
• encouraging citizens to use mechanisms for denouncing corruption, such as the shqiperiaqeduam.al platform and improve the handling of these denunciations.

The HIDAACI is the main body responsible for collecting asset declarations and identifying conflicts of interest, whereas the Anticorruption Task Force is an administrative body that handles and investigates denunciations of corruption. The Task Force, as part of its inspections, provides the NCA with proposals for improving legislation or addressing corrupt practices.

The role of the HIDAACI in detecting conflicts of interest and checking asset declarations was strengthened with the adoption of the Law on Whistleblowing and whistleblower protection in 2016. In addition, HIDAACI plays an important role in the implementation of the Law on the transitional reevaluation process. However, according to European Commission’s 2018 Report on Albania, HIDAACI’s administrative, technical, and financial capacity needs to be further strengthened to cope with asset declaration checks. [31] Furthermore, at the time this action plan was submitted, Albania had not yet launched an online asset declaration system.

This commitment proposes a variety of activities that make it relevant to the OGP value of public accountability, because the activities aim to improve the handling of citizen denunciations of corruption. It is also relevant to access to information due to the proposed publishing of information on corruption cases with audio-visual tools, and creating an online asset declaration system, among others. The commitment’s milestones are verifiable.

Establishing the control groups, producing inspection reports, and making the reports public could improve the anticorruption framework in Albania, though these activities are not by themselves enough to punish reported corruption cases. The control groups could help NCA to collect, analyze, monitor, and track records of corruption cases. At the time of drafting the action plan, public officials submitted asset declarations manually to HIDAACI. By establishing an online asset declaration system, Albania is taking an important step towards strengthening the auditing and verification mechanism of private interests of officials. Asset declarations can be verified faster, more efficiently and more transparently. Therefore, the commitment could have a moderate potential impact overall.

Next steps

For effective implementation of the commitment, the IRM suggests the following:

• Ensure that the corruptive case tracking system data in public institutions to be public (taking into account necessary data protection and confidentiality).
• Reactivate the preexisting web-based system of harmonized statistics and track records of corruption cases named act-albania.al. The use of this system could help the NCA collect corruption data through the standard application forms, analysis, monitoring, and tracking records of corruption cases in public institutions, in order to improve the quality of NCA office’s reporting.
• The government could carry out a public awareness campaign regarding the functioning of the online asset declaration system.
• Publish information with reports’ content, generated from the online asset declaration system, by publishing them on the new open data portal (under Commitment 2).

[28] For the complete text of this commitment, see: “The Open Government Partnership Fourth Open Government National Action Plan for Albania 2018–2020”, Open Government Partnership, 10 January 2019, https://www.opengovpartnership.org/wp-content/uploads/2019/01/Albania_Action-Plan_2018-2020_EN.pdf.

[29] Agency for Dialogue and Co-Government (Agjensia per Dialog dhe Bashkeqeverisje)

[30] “Passport of Indicators: Inter-sectoral strategy against corruption (Albania)”, ARS, http://www.drejtesia.gov.al/wp-content/uploads/2018/10/passport_indicators.pdf.

[31] “Commission Staff Working Document: Albania 2018 Report”, European Commission, 17 April 2018, https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/20180417-albania-report.pdf.

4. Open governance for creating safe communities

Limited:

For milestones 4.1.1-4.1.5: The annual monitoring reports on Albania’s cross-sector anti-corruption strategy outline the outcomes of various control and verification investigations. [28]. The Anti-Corruption Task Force inspected 58 institutions in 2018 and 13 institutions in 2019. In 2018 it recommended 445 disciplinary measures and 196 such measures in 2019. [29] It did not inspect any institutions in 2020.

For milestones 4.2.1, 4.2.2, and 4.3.1: The government self assessment says that the Minister of Justice and National Coordinator against Corruption communicated information about the actions of the Anti-Corruption Task Force online and through 13 press releases on the Ministry of Justice website in 2018. [30] There is no evidence available of such communications in 2019 or 2020. The Ministry has also presented this information during meetings with international organizations and on the International Day Against Corruption. [31] Regularly and consistently publishing online anti-corruption statistics in a clear and comparable manner, as well as providing information and analysis of the overall content of complaints and summaries of feedback provided to citizens, could guarantee sustained changes for greater transparency in the medium- to long-term in the Ministry of Justice. The self-assessment and a Ministry of Justice official confirm that the Agency for Dialogue and Co-Government does not publish information in relation to denunciations as originally expected for milestone 4.3.1, but rather the information is presented only to ministers and the prime minister. [32]

For milestone 4.4.1: The online platform for reporting corruption registered 1,084 complaints in 2018, 928 complaints in 2019, but only registered 205 complaints in 2020. There is no publicly available evidence on any changes on public accountability here, as the IRM could not verify if citizens received feedback on their complaints, or the type of feedback they get from authorities. According to the government point of contact, the COVID-19 pandemic in 2020 delayed the processes for investigating and dealing with anti-corruption denunciations. [33] The self assessment states that in 2020, of the 205 people prosecuted for corruption, 21 were prosecuted while detained, 180 were prosecuted while on bail and 4 were declared wanted . [34]

For milestones 4.5.1-4.5.5: The government self assessment states that the milestones under the policy goal of strengthening anti-corruption prevention mechanisms which would prepare an assets declarations system are completed, but there is no evidence of having met the indicator of ‘declaration of assets online by declaring subjects’ on the High Inspectorate website. The government point of contact pointed to pandemic restrictions as preventing implementation of the online asset declaration system, which is now due to become operational in 2021. [35] The pandemic led to a delay in the approval of the related legislation, and well as finalizing the procurement procedures to implement the system. [36]

The IRM reached out to CSOs as part of research for this report but did not obtain a response.