Albania: 2014–2016 End-of-Term Report

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Albania: 2014–2016 End-of-Term ReportAlbania has made progress implementing commitments in the fight against corruption. The governmentlaunched the portal for reporting corruption, and the Parliament passed the Whistleblower ProtectionLaw. At the end of the action plan, a number of commitments remained limited in completion, and someimprovements led to a marginal increase in access to information. To improve Albania’s performance inOGP, government and civil society can take advantage of the multi-stakeholder forum, established inMarch 2016, to monitor progress of commitments.The Open Government Partnership (OGP) is avoluntary international initiative that aims to securecommitments from governments to their citizenry topromote transparency, empower citizens, fightcorruption, and harness new technologies tostrengthen governance. The Independent ReportingMechanism (IRM) carries out a review of theactivities of each OGP participating country. Thisreport summarizes the results from July 2014 to June2016 and includes relevant developments up toSeptember 2016.The Ministry of State for Innovation and PublicAdministration (MSIPA) is the lead institutioncoordinating OGP in Albania. The Inter-MinisterialWorking Group (IWG), lead by MSIPA, isresponsible for the development and implementationof the action plan, and only representatives fromgovernment agencies are members. An informalmulti-stakeholder forum—“OpenAlb,” which iscomposed of representatives from civil society andcentral government institutions (IWG members)—has been in place since March 2016. OpenAlb aims toprovide a regular forum for government, civil societyorganizations (CSOs), and other stakeholders toreview the OGP process and take action. This multistakeholder forum has been particularly active in thedesign and consultations for the third OGP actionplan.In July 2016, Albania submitted its third OGP actionplan 2016–2018 and in October 2016 published theend-of-term self-assessment report onimplementation of the OGP 2014–2016 action plan.Table 1: At a GlanceMidtermNumber of commitments13Level of completionCompleted0254Limited77Not started10SubstantialNumber of commitments with:Clear relevance to OGPvaluesTransformative potentialimpactSubstantial or completeimplementationAll three ( )Did it open government915601Major0Outstanding0Moving forwardTwo commitments on e-Albania and theNumber of commitmentsWhistleblower Protection Law were carried forwardcarried over to next action2to the 2016–2018 action plan. Two otherplancommitments on the electronic registry of permitsand the promotion of OGP values with local governments were partially carried forward. Elementsof these commitments are reflected in the new commitment on open standards for contracting andthe publication of local government legislation in open systems.This report was prepared by Gjergji VurmoEndofterm

Consultation with civil society during implementationCountries participating in OGP follow a process for consultation during development of their OGPaction plan and during implementation.Compared to the 2012–2013 action plan cycle, the development process of the 2014–2016 cycle hasimproved significantly. The CSO Coalition for OGP Albania, formed in December 2013, assumed aleading role in holding participatory consultations for the design of 2014–2016 action plan. However,the coalition was less active during the action plan implementation. The Ministry of State forInnovation and Public Administration (MSIPA) maintained an open channel of communication andexchange with interested CSOs. Government-to-government meetings remain closed, civil societyorganizations were not invited to IWG’s meetings, and there were no regular meetings with CSOsuntil early 2016. Interactions between government and civil society (mostly members of the CSOCoalition for OGP Albania) resumed in the beginning of 2016 and focused mostly on theestablishment of the multi-stakeholder forum, OpenAlb, as well as on the consultations for the thirdaction plan (2016–2018).1 A joint event hosted by MSIPA and the OpenAlb forum was scheduled forOctober 2016. The purpose of the public event was to launch the third OGP action plan, discuss thenext steps in its implementation, and learn from the previous action plan’s implementation.Table 2: Action Plan Consultation ProcessPhase ofAction PlanDuringimplementationOGP Process Requirement(Articles of GovernanceSection)Regular forum for consultation duringimplementation?Consultations: Open or invitation only?Consultations on IAP2 spectrum21Did the Government Meetthis Requirement?NoN/AN/ATheOpenAlbmulti- rviewwithArtelaMitrushi,OpenAlb—IDM.2 tions Course/IAP2 P2 Spectrum.pdfThis report was prepared by Gjergji Vurmo

VERSION FOR PUBLIC COMMENT: PLEASE DO NOT CITEProgress in commitment implementationAll of the indicators and the method used in the IRM research can be found in the IRM ProceduresManual, available at http://www.opengovpartnership.org/about/about-irm. One measure deservesfurther explanation due to its particular interest for readers and usefulness for encouraging a race tothe top between OGP participating countries: the “starred commitment” ( ). Starred commitmentsare considered exemplary OGP commitments. In order to receive a star, a commitment must meetseveral criteria:   It must be specific enough that a judgment can be made about its potential impact. Starredcommitments will have “medium” or “high” specificity.   The commitment’s language should make clear its relevance to opening government.Specifically, it must relate to at least one of the OGP values of access to information, civicparticipation, or public accountability.   The commitment would have a “transformative” potential impact if completely implemented.   Finally, the commitment must see significant progress during the action plan implementationperiod, receiving a ranking of “substantial” or “complete” implementation.Based on these criteria at the midterm, Albania’s action plan contained 0 starred commitments. Atthe end of term, based on the changes in the level of completion, Albania’s action plan contained 1starred commitment (Commitment 4.1. on the adoption of the Whistleblower Protection Law).Commitments assessed as starred commitments in the midterm report can lose their starred statusif their completion falls short of substantial or full completion at the end of the action planimplementation cycle, which would mean they have an overall limited completion at the end of term,per commitment language.Finally, the graphs in this section present an excerpt of the wealth of data the IRM collects during itsprogress reporting process. For the full dataset for Albania, see the OGP Explorer atwww.opengovpartnership.org/explorer.About “Did it Open Government?”Often, OGP commitments are vaguely worded or not clearly related to opening government, butthey actually achieve significant political reforms. Other times, commitments with significant progressmay appear relevant and ambitious but fail to open government. In an attempt to capture thesesubtleties and, more importantly, actual changes in government practice, the IRM introduced a newvariable—“did it open government?”—in end-of-term reports. This variable attempts to movebeyond measuring outputs and deliverables to looking at how government practice has changed as aresult of the commitment’s implementation. This can be contrasted to the IRM’s “starredcommitments” which describe potential impact.IRM researchers assess the “did it open government?” question with regard to each of the OGPvalues that pertain to the commitment. It asks, did it stretch the government practice beyondbusiness as usual? The scale for assessment is as follows:   Worsened: Worsens government openness as a result of the measures taken by thecommitment.   Did not change: Did not change status quo of government practice.   Marginal: Some change, but minor in terms of its impact over level of openness.   Major: A step forward for government openness in the relevant policy area, but remainslimited in scope or scale.   Outstanding: A reform that has transformed “business as usual” in the relevant policy area byopening government.To assess this variable, researchers establish the status quo at the outset of the action plan. Theythen assess outcomes as implemented for changes in government openness.3

VERSION FOR PUBLIC COMMENT: PLEASE DO NOT CITEReaders should keep in mind limitations. IRM end-of-term reports are prepared only a few monthsafter the implementation cycle is completed. The variable focuses on outcomes that can be observedon government openness practices at the end of the two-year implementation period. The reportand the variable do not intend to assess impact because of the complex methodological implicationsand the time frame of the report.4

VERSION FOR PUBLIC COMMENT: PLEASE DO NOT CITETable 4. Overview: Assessment of progress by commitmentCommitmentSpecificityOGP Value Relevance mDid It OpenGovernment?1.2. Electronicregistry ofenergy andindustry permits1.4. PromotingOGP values withlocalauthorities2.1. Database oneconomicassistancebeneficiaries3.2. Nationalgeoportal3.3. E-Albania Cluster 3:Open accesson naturalresourcesdata 5OutstandingMajorMarginalDid Not ChangeWorsensCompletedSubstantialLimitedNot StartedTransformativeModerateMinorNoneTechnology &Innovation forTransparency &AccountabilityPublic AccountabilityCivic ParticipationAccess to Information 4.1.WhistleblowerProtection LawCluster 2:Open data &e-services1.3. Publicexpenses in opendataNone 4.2. Policeservice officesCluster 1:Denouncingcorruption1.1.Standardizationof corruptioncomplaintsHighMediumLowNoneEnd ofTerm

VERSION FOR PUBLIC COMMENT: PLEASE DO NOT CITE2.2. Electronicportal on waterresourcesmanagement3.1. Electronicaccess toprotected areasCluster 4:Simplifiedcustomsservices2.3. Singlewindow3.4. E-document 6

VERSION FOR PUBLIC COMMENT: PLEASE DO NOT CITEGeneral overview of commitmentsAs part of OGP, countries are required to make commitments in a two-year action plan. End-of-termreports assess an additional metric, “did it open government?” The tables above and below summarizethe completion level at the end of term and progress on this metric. For additional information onpreviously completed commitments, please see Albania IRM midterm progress report.1The structure of this report is slightly different from that of the action plan; it evaluates fivecommitments individually and groups another eight commitments into four clusters. Originally,Albania’s plan contained 13 commitments, but for a better understanding of the process, the IRMreport has reorganized the action plan’s commitments. The clustering was done for commitmentstargeting one specific priority (e.g., fight against corruption) or those falling within one sector (e.g.,customs). The clusters are as follows:   Denouncing corruption   Open data & e-services   Open access on natural resources data   Simplified customs ship.org/sites/default/files/Albania Second%20IRM%20Report for%20public%20comment.pdf.7

VERSION FOR PUBLIC COMMENT: PLEASE DO NOT CITE1.2 Electronic Registry of Energy and Industry PermitsCommitment Text: Electronic Registry of authorizations, permits and agreements issued by theMinistry of Energy and Industry. The Ministry of Energy and Industry, in the framework of increasingtransparency and accountability, has undertaken the Electronic Registry initiative, aiming to establish andpublish in its web page an Electronic Registry of authorizations, permits and agreements given in the relevantfields and their updated status. Currently there is a lack of information not only on the procedures forobtaining an authorization or permit, but also citizens, interested groups, civil society have no information onthe number of permits and authorization given in the energy and industry sector. In order to address thisproblem and acquire full transparency on the status of the actors operating in these field, the Ministry hasinitiated a process of identifying the current status, which will also allow an easier monitoring process. Thisregistry system will help improving MEI transparency and accountability, but will also allow citizens to accessinformation through the Electronic Registry.Responsible institution: Ministry of Energy and IndustrySupporting institution(s): N/A Commitment Aim:The commitment aims to establish an electronic registry for issuing authorizations, permits, andagreements in the energy and industry sector, enabling public access to information. The creation ofthe electronic registry follows up on Albania’s e-concession commitment under the first OGP actionplan 2012–13.While the commitment in the first action plan was about the establishment of an electronicconcession procedure, the second action plan commitment focuses on transparency and publicaccess to authorizations, permits, and agreements issued by the Ministry of Energy and Industry(MEI).The commitment is partly in line with a civil society recommendation proposed during the actionplan consultations (March 2014), which dealt with transparency for companies operating in theAlbanian extractive industry.8OutstandingMajorMarginalDid Not ChangeCompletedEnd ofTermDid It OpenGovernment?WorsensMidtermSubstantialLimitedNot pactTechnology & Innovationfor Transparency &AccountabilityNonePublic AccountabilityCivic ParticipationAccess to InformationHighOGP ValueRelevance iewEnd date: 2016MinorStart date: 2014

VERSION FOR PUBLIC COMMENT: PLEASE DO NOT CITEStatusMidterm: LimitedThe MEI completed the inception phase of the electronic registry project, and the ministry wasworking on establishing a monitoring and information system for concessions. The amendments tothe Law on Concessions and Public-Private Partnerships (July 2015) required additional bylawsregulating the electronic registry.1End of term: LimitedAccording to the government self-assessment report (September 2016), there has been no furtherprogress. In February 2016, the MEI updated the database of active permits in the mining industry.2On 3 March 2016, the Council of Ministers adopted the decision “on the establishment andadministration of the Electronic Registry of Concessions and Public-Private Partnership.” However,the website of the Agency of Concessions does not contain any information on the ConcessionsRegister.3 The government’s self-assessment report stated that as of September 2016 the MEI hadnot completed the monitoring and information system for concessions.Did it open government?Access to information: Did not changeThe electronic registry of concessions could contribute to enhancing transparency in the energy andindustry sectors. Energy, especially hydropower generation, and the exploration of mineral resourceslike copper constitute a significant and growing sector of the Albanian economy. The potential impactof the registry largely depends on the types of information and datasets it provides for public access.Since the registry was not established and put online during the action plan period, this commitmentdid not improve access to information.Carried forward?This commitment is included in the new action plan 2016–2018. Specifically,, commitment 1.8 onopen standards for contracting refers to the electronic registry. To implement this commitmentsuccessfully, the action plan relies on cooperation with civil society and other relevant agencies. Thenew commitment partially reflects the 2015 IRM midterm report’s recommendations, especiallythose related to cooperation with experienced CSOs and the need for coordination with other stateinstitutions. However, the commitment’s language remains vague, particularly in terms of specificactivities and a specific nership.org/sites/default/files/Albania Second%20IRM%20Report .gov.al/files/userfiles/minierat2/2016/RREGJ. LEJEVE SHKURT 2016 gov.al/?page id 112.9

VERSION FOR PUBLIC COMMENT: PLEASE DO NOT CITE1.4. Promoting OGP Values among Local AuthoritiesCommitment Text: The Minister of State for Innovation and Public Administration in cooperation withthe Minister for Local Affairs and the open government partnership coalition of civil society organization willundertake together the commitment to promote and engage local authorities in the OGP values. Thiscommitment was proposed by civil society organizations with the aim to introduce and promote the core valueof OGP also in the governance of local authorities. The aim is to reinforce the participatory mechanism andbuilt open governance also in the local level. Some of the actions that will be undertaken are promoting activities,legal modifications to promote transparency and other OGP values.Responsible institution(s): Minister of State for Innovation and Public Administration and the Ministerof State for Local AffairsSupporting institution(s): CSO Coalition for OGP Albania Unclear Commitment Aim:This commitment aims to promote OGP values among local governments. As written, thecommitment only describes activity “to promote and engage local authorities in the OGP values,”and it does not include specific activities or intended results.StatusMidterm: Not startedAt the one-year mark, no progress was made. The minister of innovation and public administration,the minister of local affairs, and CSOs have not taken any steps. The government’s self-assessmentreport noted that the implementation of this commitment has not started despite attempts by theCSO coalition to raise funds.1End of term: LimitedThe government’s end-of-term self-assessment states that this commitment was partly implemented.2Members of the CSO Coalition for OGP Albania, Institute for Democracy and Mediation (IDM),Mjaft! Movement, and Infocip have implemented specific projects with local government authorities10OutstandingMajorMarginalDid Not ChangeCompletedEnd ofTermDid It OpenGovernment?WorsensMidtermSubstantialLimitedNot pactTechnology & Innovationfor Transparency &AccountabilityNonePublic AccountabilityCivic ParticipationAccess to InformationHighOGP ValueRelevance iewEnd date: 2016MinorStart date: 2014

VERSION FOR PUBLIC COMMENT: PLEASE DO NOT CITEto promote the OGP process and values.3 Some members of the CSO coalition conductedawareness-raising activities with local government authorities in some municipalities (Shkodra, Fier,etc.). A more systematic and coordinated effort between the central government and the CSOcoalition did not take place over the past year (2015–2016).Did it open government?Access to information: MarginalThe efforts to promote OGP values among local governments have led to increased awarenessamong some local governments. Although the efforts of the CSO coalition did not have a directimpact on opening government, they encouraged local government units to initiate the OGP agendawith concrete commitments. The Municipality of Tirana, which became engaged in

Compared to the 2012–2013 action plan cycle, the development process of the 2014–2016 cycle has improved significantly. The CSO Coalition for OGP Albania, formed in December 2013, assumed a leading role in holding participatory consultations for the design of 2014–2016 action plan. However,

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