TopChannel News: “AI” Procurement. Reservations on the new Law passed by the Parliament. One of the Law’s articles leaves the door open to abuse
Published: 11th February 2024
Published: 11th February 2024
During the period of May to November 2023, data and products from the project titled ‘Instil a Watchdog Culture, Open Contracting Albania, and Red Flag Index Project’ have become part of the Information Sessions with Journalists and Media Representatives in the country. Using information and tender passports, journalists have prepared dozens of investigative articles shedding light on irregularities and issues within municipality tenders or Reconstruction Program contracts.
Some of them are listed as follows:
Open Procurement on the Media
May – October 2023
Title: ADF Tender raises red flags. Skan TV
Open Data Albania has raised the red flag regarding the tender that envisages the construction of the embankment of the Shkumbin River, as supportive infrastructure for the Auto-Moto Park in Elbasan. On Monday, the Albanian Development Fund announced the winning company for this procedure with a value exceeding the upper monetary limit, while the ODA system has classified the tender as at risk for corruption or non-compliance with legal procedures.
Title: Public Procurement: 50 Major Companies Receive 55% of Funds
NewsBomb published: 12 Tenders Annulled Within a Week, Full List of Annulments Published.
Title: Key Tenders of 2022 Database: Which Companies Have Won Billions
Investigative Network Albania: Invested 1.2 million Euros, Cameras Meant to Monitor Forests Sold as Scrap
Portali Bold News: Concession Policy Leads to a Huge Financial Pit.
Syri Tv, Title: Reconstruction under SPAK: 10 Major Contractors of the Program Implemented by Rama with Corrupt Law
TV MCN, Fact-Checking Program Publishes Article: 40% of Concession Contracts in Albania Linked to Offshore Companies.
Gazeta Telegraf: Reconstruction also in SPAK: Companies Established by Former Mayors Linked to MPs and Individuals Convicted for International Trafficking Benefited.
At the Ais office, weekly briefings and communications with journalists and media representatives are held. These communications allow journalists to acquire the necessary information and updates.
This is in line with journalists’ interest in information regarding contracts, tenders, risk assessment indexes in tendering, etc.
Albania towards the EU integration, Albanian government, AIS founder, Aranita Brahaj, talks about corruption and justice
The serious German newspaper Die Welt published this September an article entitled: Corruption, justice and issues with press freedom – is Albania ready for the EU? The article carefully analyses some geopolitical aspects and challenges of Albania’s negotiation process in its path towards the EU. The journalist Mandoline Rutkowski visited also our office in Tirana, using our findings on issues such as Corruption, Rule of Law, and the Justice Reform as part of the facts and issues listed in the article. Aranita Brahaj, Director and Founder of AIS, stated that “The country is run by a Prime Minister and a Government, which no one controls. There is no Judicial, Constitutional, or Parliamentary oversight. In the meantime, while the Vetting process in the Justice system was characterized by good intentions, it was poorly planned and executed, leaving the country without a judiciary and judicial control for years.
You can read the full article below:
From Mandoline Rutkowski, Die Welt
The heads of the governments of Albania and North Macedonia shook hands with Ursula von der Leyen, squeezing her hand tightly as if they were afraid that the President of the European Commission could change her mind half way. And in doing so, she could also give up on a promise that the European Union had previously made to statesmen Edi Rama and Dimitar Kovacevski.
This is what was seen on TV on July 19th. It is the day the negotiations the two countries’ EU membership started officially. With this announcement, the two countries are now officially at the forefront of the Western Balkan countries in the EU enlargement process.
Pictures of unity were quite timely for Brussels, as the war in Ukraine at Europe’s doorstep has given the Western Alliance a moment of rebirth. There is consensus that the West must come closer to confront the Russian aggressor, Vladimir Putin. The latter is the very same reason that Ukraine and Moldova were given the candidate status for EU membership in June.
The Western Balkans is also strategically important for the EU, as it forms the land bridge between NATO’s south-eastern side and Central Europe. However, it is becoming clear that, regardless of the current moment, there are still a number of challenges standing in the way of EU enlargement in the Western Balkans. This is obvious in Albania.
Albania celebrated a historic moment after almost three decades. In 2003, Tirana submitted its application for membership. In the days after the announcement, a huge EU flag decorated the government building in Tirana’s ‘Skënderbej’ square.
Affinity with the EU is very high in the country of 2.8 million inhabitants. According to the Public Barometer for the Balkans, 89% of the Albanian people assess the EU membership as positive. Conversing with the locals, the proximity to the EU is apparent. European shops cover the city landscape in Tirana, and the euro is, at least unofficially, the second national currency.
Keeping distance from China
Tirana’s relationship with the EU is close. For years, the country, which was freed from communism in 1991 and dedicated to Western and democratic values, has tried to align itself with Brussels on foreign policy.
In the war in Ukraine, Tirana unconditionally supported EU sanctions against Russia. In contrast to other countries of the Western Balkans, Tirana is holding back on investments from China, with which Beijing seeks to strengthen its influence in the region.
In recent years, a reform in the justice system and the introduction of the so-called Special Structure against Corruption (SPAK), as a special independent prosecutor, has advanced its efforts in the fight against organized crime and drug trafficking.
“We have made extraordinary progress in the field of the rule of law and in the fight against corruption,” said Christiane Hohmann, the ambassador of the EU delegation in Albania. She welcomes us to her office with a panoramic view of the capital for an interview. “But our work is far from over; there is still huge work ahead.”
In fact, corruption is a deep wound in Albania, which is very difficult to heal. The country ranks 110th out of 180 in Transparency International’s Corruption Perceptions Index. Aranita Brahaj, the Head of the AIS/Open Data Albania, knows how serious the problem is.
“Corruption is an extraordinary problem in Albania” – says the data analysis expert, whose work focuses on transparency, accountability and anti-corruption. “It is not only present in the high ranks, but also in the daily life of every citizen, be it with being seen by a doctor or choosing your kid’s primary school”.
Albania is not able to exercise judicial, constitutional and parliamentary control over the government, says Brahaj. So, de facto, Prime Minister Rama can freely do anything he wants.
The list of scandals surrounding Rama confirms this statement. The head of the Socialist Party, who once campaigned for the fight against corruption, is accused of ties to the mafia.
Scandals are also multiplying in his orbit of power. Recently, SP politician Alqi Bllako was arrested at the end of April, after he was suspected of being involved in a corruption scandal involving 430 million Euros. The opposition accuses Rama of being the head of criminal activities.
Meanwhile, the government has made efforts to control corruption in the country. In 2016, encouraged by the EU, it adopted a judicial reform that included an intensive reassessment of all judges and prosecutors in terms of professional competence, wealth, and integrity.
Based on the data from the “2021 Report on Albania” of the EU Commission, 62% of the reassessment procedures have ended with resignation or dismissal. The reform was welcomed in Brussels and EU ambassador Hohmann also referred to the vetting procedure as a “successful measure”, which has never been seen before in the region.
But corruption expert Brahaj disagrees. The vetting processes were ‘well-intentioned, but poorly planned’. The Supreme Court and the Constitutional Court were not fully staffed for years and were de facto unable to function. A flawed judiciary has allowed the government to pass ‘corrupt laws’.
Way behind when it comes to freedom of press
An area that Brussels is scrutinizing closely for the progress of the EU membership process, and which worries the EU ambassador, Hohmann, is the freedom of the press in the country: “The understanding that the press is a corrective agent needs to be developed in Albania”. The country is ranked 103rd out of 180 countries by Reporters Without Borders.
The broadcast media is largely in the hands of a few wealthy entrepreneurs with political connections. Prime Minister Rama caused a stir recently after he threatened journalists with ‘re-education’ after critical questions and excluded them from press conferences. “We expect all politicians to treat journalists with respect,” says Hohmann.
The candidate country still has a long way to go before Albania joins the European alliance. For Sokol Dedja, the Head of Political Affairs in the Ministry of Foreign Affairs, efforts are needed not only from Tirana. “In view of the war in Europe and the granting of candidate status to Ukraine and Moldova, the EU must now show more credibility than the promises made to the candidate countries, to show that EU enlargement is a serious process.”
In other words, the EU must prove to Russia that the unity of European countries goes beyond terminology, even as a sign of restraint. According to him, the countries of the Western Balkans have made it their priority joining the alliance because they are “more advanced in preparation”. On the other hand, EU ambassador Hohmann emphasizes that the war in Ukraine will not result in the automatic enlargement of the EU. “Each country will continue to be considered individually. The geostrategic argument should not hide the fact that the countries must of course also meet their respective requirements to enter the EU”. According to Hohmann, Tirana must now prove that the trust of the member countries is justified. “Albania is now facing a marathon”.
Download the full article HERE
Kontrolli Publik i interesave ekonomike dhe personale të Shtetarëve, është proces i rëndësishëm sa i takon Integritetit. AIS ka krijuar databazën online Para dhe Pushtet, me të dhëna të Integruara, ku publikohen pasuri dhe interesa të Individëve Drejtues në Pozicione të larta. NewsBomb revistë e printuar çdo muaj, i ka kushtuar një Shkrim në Kopertinë Deklarimit të Aseteve Pasurore të Kryeministrit dhe Ministrave, Deklarime Kabineti Rama 3. Institucioni Shtetëror për Deklarim dhe Kontroll ILDKPKI, ende nuk ka startuar procesin e publikimit online të Deklarim Asete. Ky publikim online bëhet nga Portali ynë Spending Data Albania, Para dhe Pushtet, duke krijuar mundësi për kontroll publik të interesave të Ministrave, Deputetëve dhe Familjarëve të tyre.
The country got involved in a political and media debate over corruption in Tenders just weeks before the start of the third governing term of the SP and Prime Minister Rama. The debate began following the arrest of the Director of the Centralized Purchasing Agency and an incumbent Mayor. The government recognizes corruption in Procurement as a phenomenon of Municipalities. However, an Algorithm for risk assessment in tenders created by AIS/Open Data finds that central government sectors such as Health, Road Investment, and State-Owned Enterprises involve a higher risk and potential for abuse compared to Municipalities. Influential media in the country like VOA or TopChannel introduced facts and findings of our organization into this public argument. Open Data Albania is often quoted in the media and part of public debates in the country.
2. TopChannel TV / Vetting also for Tenders. Experts: Biggest Abuses occur when the Law is Circumveted. The National Media Top Channel has launched one of its news editions in July 2021 with the title: Vetting for Public Tenders. Corruption in Tenders and Procurement has been a very sensitive aspect of the Political and Public Debate for weeks before the beginning of the Third Mandate of the ruling Socialist Party led by Edi Rama.
3. VOA prepares a special report on Corruption in Public Procurement. Corruption in Albania in the field of Public Procurement has brought over $120 million in financial damage to the state budget over the last decade – this is how Voice of America opens its special report on the Procurement Sector in the Country through its reported Mimoza Picari.
Other media citations and impact through data are listed http://ais.al/new/media/
or at webpage NdiqParate (Follow the Money) http://ndiqparate.al/en/category/media-en/oda-in-media/
The National Media Top Channel has launched one of its news editions in July 2021 with the title: Vetting for Public Tenders. Corruption in Tenders and Procurement has been a very sensitive aspect of the Political and Public Debate for weeks before the beginning of the Third Mandate of the ruling Socialist Party led by Edi Rama.
Transcript of the interview:
Journalist: The biggest weaknesses of the public procurement system, which even the frequent legislative changes do not seem to be able to solve, are the main cause of abuse with tenders. The expert of this field, Aranita Brahaj, explains that legislation leaves significant room for violations and what is most problematic is the contracts signed by circumventing the procurement system. What is a concern now, she adds, is the tender procedures for reconstruction.
Aranita Brahaj: Contracting through special laws or contracting on basis circumventing legislation on public procurement are the largest malfunctions. While a tender may have irregularities and problematic criteria, the way these contracts are made are not subject to any system in charge of monitoring the process before the call for tender is about to be published. The Public Procurement Agency does not have anyone in charge of monitoring these specific tenders either. There is no system in place to provide a lawyer’s evaluation of public procurement. The level of risk and corruption in a system relying only on an automated evaluation of 3 or 4 indicators is very high.
Journalist: Even though a new law on public procurement entered into force since January this year, Brahaj argues that this law does not put an end to the chain of abuse. She proposes a deep public procurement reform.
Aranita Brahaj: We should start with those responsible for making special laws. A control mechanism should function at the Public Procurement Agency. So, we need an evaluation system in place for the public procurement employees, an automatic system. Once they reach a certain margin of error, they should lose their right to exercise their function.
Journalist: Only a few days ago, PM Edi Rama, admitting problems with the tenders, said that some of the institutions did not take into consideration the recommendations of the Public Procurement Agency.
Link to the interview : https://www.youtube.com/watch?v=dJzce6_V1oE
Corruption in Albania in the field of Public Procurement has brought over $ 120 million in financial damage to the state budget over the last decade – this is how Voice of America opens its special report on the Procurement Sector in the country through its reporter Mimoza Picari.
The Voice of America findings are based on official reports from the State Audit Institution and the Audit Unit under the Ministry of Finances. The Report includes the views and comments of the representatives from the Community of Investors and Law and Audit Experts in the country. The special report of the Voice of America included also the findings of AIS Organization, which through Public Procurement.al scans every day and identifies abusive tender procedures at the level of Local Government, National Investments; Health, and State-Owned Enterprises.
The Director of the Organization, Mrs. Aranita Brahaj, says that the biggest problem lies in contracts approved by special laws. State authorities say improvement is made in the area of procurements, but they are aware that this has not changed the public perception about problems running deep.
Link to the interview: https://www.zeriamerikes.com/embed/player/0/6004542.html?type=video
Link to the article: https://www.zeriamerikes.com/a/prokurimet-publike-dëmi-në-buxhet-mbi-120-milionë-dollarë/6004542.html
Albanian Institute of Science
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1001, Tirana