36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Albania
"Failure by the electoral subject to comply with the obligations specified in point 6 of article 67 of this Code regarding the composition of the list, is punishable by the CEC with a fine of ALL 1,000,000 as well as the additional sanction, in accordance with point 2 of this article, in the case of elections to the Assembly, and with refusal of the political party’s list of the candidates for municipal councils for elections for local government bodies.
2. In case a violation by an electoral subject is identified, the CEC applies as an additional sanction the replacement of each vacancy in the list of the subject, in the zone where the violation has been identified, with the next candidates in the list belonging to the least represented gender until the gender quota is reached. In case the CEC decides to apply this sanction, the exception of point 2 of article 164 shall not apply, and the vacancy is filled in accordance with this point.
3. The sanctions envisaged in this article are applied to each electoral zone where a violation is identified". Source : Article 175, The Electoral Code of the Republic of Albania.
"A gender quota applies to each candidate list as a means to redress the political underrepresentation of women.48 It requires at least one woman and one man among the top three positions and at least 30 per cent of candidates of each gender in each district list. The CEC imposed sanctions of ALL 1 million against the SMI and SP for not respecting the gender quota in Tirana and Berat districts respectively. However, the CEC did not sanction the DP for failing to respect the quota in all 12 districts of the country, undermining the value of the measure to promote women candidates and the necessity for parties to compete on an equal basis, at odds with OSCE commitments.49 The law does not allow to deny registration of a party if the quota is not respected". Source : OSCE/ODIHR ( 2017) Republic of Albania, Parliamentary Elections, 25 June 2017. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw.
"Equal gender participation and representation in all legislative, executive, judicial power bodies as well as in other public institutions shall be achieved when:
- a) A representation of above 30% of both sexes is ensured, including their steering bodies is ensured;
- b) Equal observation of competition procedures and criteria for both genders for the assignments in these bodies is ensured;
- c) A participation of above 30% of both sexes in the list of candidates for the local government elections is ensured.
ç. A participation of not less than 30% of each sex in the candidates’ list presented by the political parties for the proportional system for the general Assembly elections is ensured.
- d) A participation of above 30% of each sex in the central and local elections process administration bodies is ensured.
- The political parties shall define methods and measures to comply with the requirements provided in section 1 of this article.
- The political parties shall pay a fine of up to one tenth of the state funds for the electoral campaign, if they violate the provisions of this article, until they undo the violation". Source : Article 15, Law Gender Equality in Society, No.9970 dated 24.07.2008