Feasibility Study, 23-2-2009 1 Supporting regional development in Northern Albania Feasibility study for a joint programme, commissioned by Swiss Cooperation and Austrian Development Cooperation Erika Schläppi Zdenek Vyborny Silvana Simaku Dritan Shutina 23 February 2009 Feasibility Study, 23-2-2009 2 Index Executive Summary .................................................................................................... 4 Accronyms .................................................................................................................. 9 1 Introduction: Mandate and methodology ........................................................... 10 2 The framework for a new programme: main orientations of Swiss and Austrian Cooperation .............................................................................................................. 11 3 The relevant context .......................................................................................... 12 3.1 Delivering public services through deconcentration .................................. 12 3.2 The ongoing decentralization process: Achievements and challenges...... 13 a) Local governments established ..................................................................... 13 b) Competences transferred, but unclear responsibilities .................................. 13 c) Financial resources transferred ..................................................................... 14 d) Civil society, public participation and accountability....................................... 15 e) The qark still relatively weak.......................................................................... 16 f) The new decentralisation strategy 2008 ......................................................... 17 g) Conclusions ................................................................................................... 17 3.2 Regional development: new institutions and processes ............................. 18 a) The new Regional Development Cross-cutting Strategy ............................... 18 b) Open questions and challenges .................................................................... 19 c) Conclusions ................................................................................................... 21 3.3 The driving factor for regional development: EU integration ...................... 22 a) The current pre-accession phase .................................................................. 22 b) EU Regional policy with regard to members ................................................. 24 c) Conclusions ................................................................................................... 25 4 3.4 The donors‘ landscape ............................................................................... 25 3.5 The potentials for a joint programme .......................................................... 28 Suggestions for a future joint programme .......................................................... 29 4.1 Key principles and approaches .................................................................. 29 4.2 Suggested intervention at central level ....................................................... 30 4.3 Suggested interventions at regional and local levels....................................... 31 a) Establishing a funding scheme at Qark level ................................................. 31 b) Improving the flow of information and transparency ...................................... 33 c) Continue to support DLDP’s work with municipalities/communes ................. 34 5 4.4 Various options for combining the programme components ....................... 35 4.5 (First) operational considerations ............................................................... 35 Suggested next steps ........................................................................................ 36 Feasibility Study, 23-2-2009 3 Annex 1: Terms of Reference (excerpts) .................................................................. 37 Annex 2: Short Note on Decentralisation .................................................................. 40 Annex 3: Compilation of the strategies most relevant for regional development ...... 48 Annex 4: Information about available IPA funds ....................................................... 61 Annex 5: List of interviewees .................................................................................... 66 Feasibility Study, 23-2-2009 4 Executive Summary The task Austria and Switzerland have been supporting Albania in its development efforts for more than fifteen years. In the spirit of improved harmonization and cooperation among donors, they decided to explore the possibilities to join efforts and design a joint programme in the field of regional development and decentralisation. In order to assess the feasibility of a joint Swiss/Austrian funded programme, a study was commissioned to a team of two international and two Albanian experts. During a common mission of two weeks (19 November – 3 Devember 2008), the team was mainly expected to provide an overview on relevant strategies and challenges for regional development and assess its links with decentralisation, identify challenges and achievements with regard to EU integration, and identify potential and suggest elements for a future joint programme. This report is presenting the team’s analysis of the relevant context, the conclusions for a potential joint programme, and the recommendations for a future programme. The context: Regional development and decentralization Since 2000, Albania has moved forward on the way of decentralization. Local governments at regional (“qarks”) and local level (municipalities and communes) were established. Several tasks, property and financial resources were transferred to municipalities and communes. However, these transfers are yet to be completed, the distribution of competences is not always clear, and municipalities and communes do often not dispose of the human and financial resources needed to cope with their tasks. The qarks are still weak, with a relatively broad scope but limited tasks and capacities, with limited political legitimacy, depending largely on municipalities and communes for funding. Participation of civil society in local decision-making is low, and women are largely under-represented in the political system, and practically absent in the positions of power. A new decentralization strategy was elaborated, which aims at addressing some of the challenges mentioned. Once oficially adopted and implemented, it will be a valuable basis for future work on decentralization. The regional development cross-cutting strategy has been adopted, but its concretization and implementation is still ahead. It is difficult or even impossible to say how it will affect Albanian reality, but at least it can be said that the focus on regional disparities will allow for channelling national and external funds in a more focused way, responding to the specific development needs of poor regions and lead to more concise, coordinated, systematic and effective support. From the perspective of poverty reduction, Northern Albania can hope for an instrument to catch-up at least partly with the richer regions of Albania. The regional development aspect is relevant for centralized and decentralized structures. The concept of regional development is not changing the competences and responsibilities for and methods of delivering services and managing public affairs, but regional development is adding the lens of disparity between regions. The new Regional Development Cross-Cutting Strategy mainly aims at channelling existing (and future IPA regional development) funds into the system, by creating institutions to plan, allocate and manage these funds, but the new institutions and mechanisms will not realize regional development themselves. Central and local authorities, deconcentrated and decentralized services will have to continue to fulfill their tasks, deliver public services and play their roles in the projects according to their legal competences and responsibilities. Regional development is adding a new Feasibility Study, 23-2-2009 5 dimension, it is complementary to the existing institutional framework based on deconcentration and decentralisation. To be effective, regional development must be seen as a common objective and its implementation should involve all ministries, while for the moment the observed rivalry among various ministries and institutions seems to hamper common efforts. The EU regional policy approach leaves substantial room for member states and candidate countries to define their own priorities of regional development. The instrument for pre-accession assistance (for candidate countries) as well as the structural and cohesion funds (for member states) financially support activities to balance regional disparities, according to national strategic reference frameworks and according to a series of operational rules set by the EU. Absorption capacity to deliver on strategic planning, project management, maintainance of infrastructure, and sustaining public services will be key for Albania. If additional funds (from the EU or other donors) for regional development will be channelled into the system, regional and local capacities will have to be increased particularly in poor regions, with a view to absorb these funds at regional and local level. Potential areas for support Based on this assessment of challenges and opportunities, various potential areas are identified, where a future joint programme could provide meaningful support to the regional development and decentralization process: - At intermediate (Qark) level, there are several institutions with overlapping and sometimes even conflicting mandates: The Qark and its administration is relatively weak in terms of political legitimacy, funding, and competences (coordination and planning). The prefect also has a similar role of coordination focusing on deconcentrated ministerial services – and similar limitations in capacity and power. The new institutions foreseen by the new Regional Development Cross-cutting Strategy will also have a planning and coordination role. To make the system work effectively and deliver, there is a need for clarification of roles and functions of the various actors at regional level, to ensure institutional coherence and good governance. - In the context of regional development and EU integration and in the logic of the principles of the Paris Declaration on Aid Effectiveness, development funds will be increasingly channeled through national systems for managing investment projects, sustaining services, monitoring impact of investments. There is a big need to build absorption capacities to access and manage these funds, at regional and local level, particularly in disadvantaged communes and municipalities. - In the perspective of regional development, all Qarks should offer to citizens and enterprises an “attractive place to live and work”. This means, among other things, a minimum standard of infrastructure and public services accessible to everyone, even in poor regions and sub-regions. Even if investment in infrastructure will be increasing in the future, there is a big need for institutional capacities to sustain service provision and maintain infrastructure at regional and local level, as well as to improve quality of services at local level. Feasibility Study, 23-2-2009 6 While the Albanian authorities have the responsibility to find answers to these challenges, donors can provide support at all levels. Several donors are present in Northern Albania, specifically in the field of regional development and decentralization. The EC engages strongly with the process of implementing the regional development strategy particularly in Northern Albania, while external support for the the decentralization process is limited. Support for local governance in Northern Albania is focusing on a very limited number of qarks, municipalities and communes, and engages with a limited number of topics (mainly regional and local planning). While many donors are engaged in providing public services in many sectors also at local level and thus may have an influence on local governance, focused and systematic support for institution building, capacity building and public administration reform at regional and local level is very limited. This leaves room for a meaningful joint interventions of ADC and SDC in Northern Albania. Close coordination with national and local actors as well as with other donors, particularly with EC/UNDP focusing on implementing the regional development crosscutting strategy, will always be needed. Suggested interventions Based on the experience from other countries, the Albanian context analysis and the main orientations of Swiss and Austrian cooperation, a series of principles should guide any intervention in the field of regional development and decentralization. Regional development should be used as a comprehensive concept, including economic, social, political and institutional development. As the EU Lisbon Agenda mentions, it is about making poor regions a more attractive place to live and work, improve knowledge and innovation for growth, create more and better jobs. Quality and accessibility of public services (like water, sewerage, solid waste management, education and health) are key factors for making poor regions more attractive or keeping them attractive for business to develop, professionals to work, and families to life. Experience has shown that the best approach to improving public service is to combine support for improving political and administrative processes with tangible improvements in infrastructure and services. Alignment with national strategies and the policies and action programmes of the national and local governments for their implementation is a must, although the existing strategies are numerous and overlapping, sometimes even conflicting. Building ownership for coherent approaches across sectors and common engagement in implementing these approaches is an important feature of effective regional development and decentralization. Moreover, harmonization among and coordination with other donors is key, but continues to be a challenge. One of the key challenges in many decentralized systems is transparency and accountability, and information. Practical experience from regional/local level should be systematically used to nourish the discussion at national level, with a view to better inform decentralisation policy and regional development policy. A future programme must be designed in a flexible way, to respond to the changing variables, risks and opportunities. Feasibility Study, 23-2-2009 7 A focus on fostering political dialogue, public participation (particularly of women) and engaging civil society in decision-making on regional development is needed. A joint programme must show patience, be realistic in its objectives, and donors must be ready for a long term engagement to build trust among partners and see tangible results. Building on the potential areas of support, the report suggests various areas of interventions at central, regional and local level: At central level: assisting the central government in definitively adopting and implementing the new decentralisation strategy, in the cross-cutting perspective of regional development. In particular, this would mean - to clarify functions and roles of the various actors at regional level (territorial reform if needed) - to develop the financial framework to accomplish tasks at regional and local level, particularly taking into account the needs of poor regions, municipalities and communes. - to develop standards for delivering services, and accountability mechanisms at local and regional level, and design an action plan on how to help the local governments to reach the quality standards At regional and local level: - Establishing a funding scheme at Qark level, providing grants to municipalities and communes for projects to be selected, according to various criteria reflecting the particular challenges of municipalities and communes. The objective of this funding scheme is to enhance absorption capacities at regional and local level, improve governance in the participating qarks, municipalities and communes and contribute to improve the quality of services. The projects should correspond to the priorities set in the regional and local plans, mainly or partly target the needs of vulnerable or marginalized groups, focus on intermunicipal cooperation and involvement of civil society, particularly of women. The fund could also foresee a special facility for projects proposed by local civil society organizations, particularly of women’s organizations. The funding scheme mechanism should be managed through the qark according to procedures and standards aligned with EU procedures and in line with the new regional development cross-cutting strategy. Close cooperation with EC will be crucial. The fact that the EC/UNDP programme on regional development is planning to pilot the regional dimension of the Regional Development Crosscutting Strategy in three qarks of Northern Albania, opens important opportunities for cooperation and synergy, which will have to be explored. Given the limited overall budget for this component, it is suggested to select two Qarks maximum for the implementation of the funding scheme. While Diber is already served by the Netherlands/SNV’s intervention, it must remain open here whether Shkodra, Lezhe and/or Kukes should be taken up. Improving the flow of information: Transparency is a key feature of good governance, particularly for holding authorities accountable and make public Feasibility Study, 23-2-2009 8 participation meaningful. Through their intermediary position between the local and central level, the Qarks are well positioned to address the lacking transparency of the system, and the qarks might use information to strengthen their own role of coordination and planning. Northern Albanian Qarks could be supported in gathering qualitative information and data, particularly on municipalities and communes, thus documenting regional disparities within the qarks, monitoring and analyzing the situation of various population groups in the region, with a view to improve its own performance in coordination and planning and provide a more solid basis for decisions of municipalities and communes. Moreover, sharing relevant information with a broader public should be systematically promoted, and communication strengthened, with a view to improve citizens’ access to information as well as participation particularly on regional development issues. Continue to support DLDP’s work with municipalities/communes: SDC is already funding the Decentralisation and Local Development Programme DLDP in Skhodra. DLDP focuses on strategic planning, public services, financial management and citizens participation in the 8 participating municipalities and communes. It also provides some limited funds to test project management in concreto. Although there are activities initiated and planned to expand the positive impact to other local governments, the effects here are still limited. The suggested joint programme could help DLDP to broaden its impact, and at the same time profit from concrete experience with local government procedures and mechanisms. In this sense, it would be more than logic to integrate this programme in the joint programme. The various components build a comprehensive intervention and the exchange of experience made in the various arenas with different stakeholders would be very fruitful and reinforce each component in an ideal way. If this comprehensive approach is not possible or feasible, the different components could in principle be realised individually, or in various combinations. Nevertheless, it is strongly recommended to combine central and regional/local levels of intervention, representing a bottom-up as well as a top-down approach to decentralisation and regional development. Suggested next steps The suggestions provided by this report should be shared with all relevant stakeholders, asking them for a first feedback on the ideas and options. The results of this consultation will provide a first validation of the feasibility of the components suggested. Based on these comments, ADC and SDC should agree internally on the main lines of the new programme (goals and objectives, intervention levels and components, amount of funding, evt.: selection of qark to work in). Main lines, overall objectives and approaches of each programme component should be discussed and agreed with the institutional partners to be involved at central, regional and local levels. A key document should be elaborated, explaining the main orientation of the programme, its objectives, the financial and operational framework. This key document will serve as a basis for a call for proposals, which should be launched. Feasibility Study, 23-2-2009 Accronyms ADA Austrian Development Agency ADC Austrian Development Cooperation ALL Albanian Leks CARDS Community Assistance for Reconstruction, Dev. and Stabilization CHF Swiss Francs DLDP Decentralisation and Local Development Programme EC European Commission EU European Union GTZ Gesellschaft für Technische Zusammenarbeit (Germany) IPA Instrument for Pre-Accession Assistance LGU Local Government Units MADA Mountain Areas Development Agency MEI Ministry of European Integration METE Ministry of Economy, Trade and Energy MoF Ministry of Finance MoI Ministry of Interior NL Netherlands NSDI National Strategy for Development and Integration NUTS « Nomenclature des unités territoriales statistiques » OECD Organisation for Economic Cooperation and Development RDCS Regional Development Cross-Cutting Strategy SCO Swiss Cooperation Office SDC Swiss Development Cooperation SNV Netherlands Development Organisation ToRs Terms of Reference UNDP United Nations Development Programme USAID United States Agency for International Development 9 Feasibility Study, 23-2-2009 10 1 Introduction: Mandate and methodology Austria and Switzerland have been supporting Albania in its development efforts for more than fifteen years. Both countries focused In recent times on socio-economic development and service delivery in Northern Albania. In the spirit of improved harmonization and cooperation among donors, they decided to explore the possibilities to join efforts and design a joint programme in the field of regional development and decentralisation, with a view to support broad based sustainable development and enhance access to economic opportunities and social services in particular of poor people and marginalized groups in Northern Albania. In order to assess the feasibility of a joint Swiss/Austrian funded programme, a team of four experts was assigned to carry out a study. During its mission of two weeks (19 November – 3 Devember 2008), the team was mainly expected to - provide an overview on relevant strategies and challenges for regional development and assess its links with decentralisation; - identify challenges and achievements with regard to EU integration; - identify potential and suggest elements for a future joint programme (for details see excerpts from the Terms of Reference in annex 1) With a view to inform and update the team, particularly the international experts, two desk review pre-studies were provided by the local consultants, on the status of regional development and decentralization in Albania (see annex 2 and 3). Another paper provides an overview on available IPA funds for Albania (annex 4). After a detailed briefing by ADC and SCO, more than 40 interviews and meetings were organized with representatives from different ministries in Tirana, the heads of qark of Peshkopi, Kukes, Shkodra, and Lezhe (by phone), the prefect of Shkodra, the mayors of Kukes, Peshkopi and Puka, the vice-mayor of Shkodra, the heads of commune of Zerqan and Dajci, various representatives of regional and local administration, civil society institutions, implementing partners, and donors in Tirana, Peshkopi, Kukes, and Shkodra (list of interviewees in annex 5). The team had many interesting discussions in a generally open and constructive atmosphere. The summarized preliminary results of the mission were shared and discussed with representatives of ADC and SCO in Tirana, on December 2 and 3. The team also presented a shorter version of preliminary results to the 35 stakeholders present at the official debriefing organized by Swiss Cooperation and Austrian Development Cooperation in Hotel Xheko Imperial, Tirana, on December 2. Based on these discussions a first draft of this report was elaborated and discussed with Swiss Cooperation and Austrian Development Cooperation in Vienna, end of January 2009. These discussions have been taken into account in the final draft. Responding to the ToRs, this report elaborates the frame of a joint programme (section 2) and provides a short analysis of the relevant context (section 3). It suggests some key elements for a future joint programme, taking into account various options, opportunities and risks (section 4) and concludes with next steps (section 5). The team expresses its special thanks to the organizers for their confidence as well as for special efforts to arrange a rich programme enabling the team to develop its views. Feasibility Study, 23-2-2009 11 2 The framework for a new programme: main orientations of Swiss and Austrian Cooperation Austrian cooperation has been present in Albania since 1991, and Austria’s ODA amounts to 50 Mio. Euro (30 Mio. for Northern Albania only). Development cooperation focused on education, energy generation and social infrastructure, by financing investments as well as capacity and institution building. ADC’s support was mainly financial assistance and focused at local level. According to its cooperation strategy 2007-20091, Austria will gradually shift to a programme support and increasingly work with systems and structures, at meso and macro level in order to increase outreach and impact of its support. The overarching objective is to promote sustainable social and economic development and strengthen the public sector in Albania. The strategy’s thematic focus is on strengthening public partners and the improvement of public services in the fields of water management, environment, tourism and education. Good Governance and gender are seen as cross-cutting issues: all activities should contribute to greater transparency in the administration of public funds, separation of politics and public administration, strengthening of local governments and civil society. Swiss cooperation also started in the early Nineties and is estimated at 130 Mio. CHF to date. For the last ten years, the Swiss Cooperation Office in Tirana is implementing a programme focusing on private sector development, vocational training, health care, and the energy and water sectors. According to the Swiss Cooperation Strategy 2006-20092, Swiss efforts aim at contributing to an improved quality of life for all people, and focuses in particular on supporting Albania in strengthening a social and free market economy and realizing democratic principles for regional and European integration. Swiss cooperation is currently working in three domains: democratisation and decentralisation, private sector development, basic infrastructure and social services, with gender equality and governance as crosscutting issues. Since 2006 SDC is funding the Democratisation and Local Development Programme DLDP focusing on the support of 8 municipalities and communes in the Shkodra region (4.5 Mio CHF planned for 2006-2009). Swiss Cooperation is in the process of designing a new strategy for the next years. As members of the OECD, Switzerland and Austria are both engaged by the Paris Declaration on Aid Effectiveness aiming at improving international cooperation’s impact on development in partners countries. The declaration builds on partnership commitments between donors and partners countries based on principles such as ownership of the partner countries, alignment of donors with partner countries’ strategies and policies, harmonization among donors (particularly through common agreements and an effective division of labour), managing for results and mutual accountability. The recent High Level Forum on Aid Effectiveness in Accra adopted an agenda for action focusing on country leadership for development programmes, investing in human resources and institutions, effective use of country systems, transparency about aid plans, establishing a new spirit of aid conditions, reducing aid 1 Landesprogramm Albanien 2007-2009, www.entwicklung.at/laender-und-regionen/suedosteuropawestbalkan/ albanien.html 2 www.swisscooperation-albania.ch/en/Home/Medium_Term_Programme Feasibility Study, 23-2-2009 12 fragmentation, untying aid, and increasing accountability for results, especially in terms of gender equality, human rights and environmental sustainability. In the spirit of enhancing impact and harmonization among donors, Switzerland and Austria decided to explore the feasibility of joining efforts in a future joint programme for Northern Albania, particularly with a view to strengthen institution building for regional development and taking into account the recently adopted Regional Development Cross Cutting Strategy. While Switzerland envisages to continue its support to municipalities and communes in the Shkodra region, the future joint programme should focus on Northern Albania. According to the ToRs of our mission, the overall goal and the expected outcome of the future programme would be the “support of a broad based sustainable economic and social development in Northern Albania, in enhancing the access to economic opportunities and social services, in particular of poor and marginalized groups.” Swiss Cooperation and Austrian Development Cooperation expect that the programme will substantially contribute to “the implementation of the cross-cutting strategy on regional development and decentralisation reform in Northern Albania.” 3 The relevant context Regional development is a complex concept. It involves State activities, public investment and service delivery at various levels. This report does not aim at a thorough analysis of this complexity; it just highlights some aspects in these domains which are seen as most relevant for the current context of decentralization and regional development, particularly for Northern Albania. Nevertheless, the team analysed various issues more in detail, mainly in the form of three short pre-studies which are annexed to the draft report. 3.1 Delivering public services through deconcentration Coming from a authoritative and centralistic past, Albania’s public services are still widely centralized: It is mainly the various line ministries’ task to formulate sectoral policies and manage economic and social development issues related to the various public sectors such as public transport, education, health, communication, trade, etc. But ministries are not only present in the capital. Many of them fulfill their tasks in the form of deconcentration and provide services to individual citizens through institutions established at regional or even district level. . The line ministries follow primarily their sectoral strategies, policies and operational plans. Based on the National Strategy for Development and Integration NSDI 2007-2013 and supported by the donors, Albania has developed a big number of sectoral strategies in practically all domains of economic and social development. Up to the end of 2007, 35 sectoral and crosscutting strategies had been drafted in the framework of the NSDI. Sectorial strategies and priorities are primarily implemented in parallel, channeling funds from the national budget (and from donors) top-down, mainly through deconcentrated institutions controlled by the ministries, although some funds are also channeled through local government (see the following chapter, on conditioned and competitive grants). These sectorial policies have an important impact at regional and local level, although their impact on regional diversity is difficult to assess. From a regional perspective, the prefect (appointed by the Prime Minister) has the role to coordinate and supervise the activities of the various ministries and their deconcentrated sectorial service institutions present in the region. This is, however, a challenging task, since the prefect does not have strong supervisory power on line Feasibility Study, 23-2-2009 13 ministries, and there are a myriad of deconcentrated institutions to coordinate. For example, the prefect of the region of Shkodra counts 52 deconcentrated institutions from line ministries to coordinate. Coordination meetings are held once a month, with approx. 70 representatives present. 3.2 The ongoing decentralization process: Achievements and challenges Soon after the radical change in 1990, Albania started a process of decentralization involving political, administrative, and fiscal aspects. Since then, decentralization is moving steadily, although it faces a series of challenges: a) Local governments established The territorial and administrative reform of 2000 abolished the former 36 districts and established a new structure of 12 regions (qark), 65 municipalities, and 309 communes. The boundaries of communes and municipalities were left untouched, with the average population of municipalities at 22’500 and communes at 5’200, but 48% of local government units with less than 5’000 inhabitants.3 The mayors and heads of communes are directly elected in a majority vote, while the municipal/communal councils are elected in a proportional voting system based on party lists. The regional institutions (qarku) do not have their own democratic legitimation: The regional council consists of representatives of the municipalities and communes. They elect the head of qark who is in charge of the regional administration. Local governments are organized in three national Associations: the Albanian Association of Municipalities, the Albanian Association of Communes, and the Albanian Association of Qarks. The associations seem to play a growing role in bringing the views of municipalities/communes into the political debate and are increasingly successful in influencing political decisions on decentralization issues at central level. However, they complain about lacking capacities and the limited interest of local governments in joining forces for political lobbying: For influencing political decision-making in their favor, mayors and heads of communes still seem to prefer direct and personal links to central power holders. b) Competences transferred, but unclear responsibilities Referring to the principle of subsidiarity the organic law of 2000 4 and its recent amendments transfers a series of exclusive, shared and delegated functions to municipalities and communes. Main exclusive functions are: water supply and sewerage, construction and maintenance of local roads and public spaces, public lightening and urban transportation, public cemeteries, parks, sport activities, solid waste collection, urban planning, cultural and historical heritage, social services and administration of nurseries, elderly houses, etc. Shared functions of municipalities/communes include school and pre-university services, health care and social assistance, public order and environmental management and protection. In 3 4 Albanian Regional Development: Opportunities and Challenges, UNDP Mission Report September 2005 Law 8652 (31.7.2000) on ”Organization and Functioning of the Local Government” Feasibility Study, 23-2-2009 14 reality these functions are treated as delegated functions, and in many cases there is no clear division of responsibilities between the deconcentrated services and the municipalities and communes, resulting in a strong trend to see the municipalities and communes as another deconcentrated service delivery unit in these domains. In reality, the transfer of responsibilities is not yet complete in some areas, and local public services are not yet delivered as intended, for a variety of reasons. In some cases, specific legislation is lacking (e.g. urban planning), there are some delays in property transfer (e.g. roads, water supply and sewerage systems), or financial resources and/or professional capacity of municipalities/communes is lacking in other cases. Municipalities/communes also complain about the lack of transparency and predictability of the transfer process: Some competences have been transferred at very short notice, without proper preparation and information. If the central authorities do devolve competences to the local level of government, they often seem to disengage completely with the tasks transferred, although the central State still should have a vital interest to have local tasks fulfilled according to quality standards. The transferred competences are narrowly linked to many issues still in the responsibility of the central level. For example, water supply systems involve health issues, environmental protection issues, regional planning. It remains unclear what minimal standards and regulations local public services should comply with, and there seems to be no or very limited practical guidance from the central government on how to deliver. Municipalities/communes are to submit their decisions to the prefect for control of legality of the decision, but possibilities for unsatisfied citizens to hold local authorities accountable are very limited. The principle of subsidiarity asks for transfer of public tasks as close as possible to citizens, but not closer than possible: Many competences which have been transferred to Albanian municipalities and communes cannot be dealt with at local level only, or local level solutions are not cost-efficient: For example, solid waste disposals must be planned and managed with due regard to the interests of neighboring communes which might suffer from negative impact from the field, and in many cases, it does make sense to find regional solutions instead of local ones. Or local governments complain about having financial and managing responsibilities for services of regional interest, like for example the boarding school, which is primarily used by students from remote communities of other communes. Based on the idea of “non-fragmentarization” of the existing systems5 25 companies of water supply and sewerage were created, which should work on the basis of specific regulation and decision-making structures. It remains open whether these companies will be able to deliver adequate public services. In any case, a national or regional legal and policy framework, financial equalization or, at least, intercommunal cooperation is needed, to avoid that each municipality acts in an isolated way without taking into account the needs and interests beyond its boundaries. Although the Organic law foresees the possibility of inter-communal cooperation, in reality, there is little cooperation, and there are no real incentives for collaboration. c) Financial resources transferred The municipal/communal budgets are covered by central government grants and local revenues. The unconditional grant covers about 50% of the local budgets. It is 5 NSDI Annual Progress Report, Chapter 2.7 ”Decentralization”, p.27. Feasibility Study, 23-2-2009 15 calculated according to some criteria and a formula which is subject to annual budget negotiations. Conditional grants are used to finance “shared” functions of municipalities/communes, while competitive grants were introduced to finance small capital investments at local level, with regard to roads, water supplies, education and health. Moreover, since 2006, municipalities/communes are allowed to collect property taxes on buildings and agriculture land, property transfer taxes, infrastructure impact tax, small business tax, simplified profits tax and vehicle tax. In general, the potential of local revenues has not been exploited fully, and it tends to privilege municipalities and communes with a certain economic potential. The financial transfers from central government have increased nominally over the last years, although there is no proper link between the newly introduced Integrated Planning System and the local budgets. The NSDI Annual Progress Report for 2007 mentions that in 2007 the unconditioned transfer was 10% higher than in 2006 (12.6 Bio ALL). The total increase of grants is 124% (2.6 Bio. ALL) compared to the year 2006. However, the financial transfers, in particular the unconditional grants, are not really linked to an assessment of financial needs in relation to the concrete tasks transferred. The basis of calculating the grant seems to reflect to some extent the idea of balancing regional disadvantages and advantages6, although there is no systematic assessment of impact on the financial situation of municipalities and communes. Municipalities and communes differ very much among themselves. While some big municipalities are developing rapidly and are able to take up the devolved tasks, many small or remote communes lack the basic financial resources and professional capacities to deliver most basic services. In the Action Plan for implementing the Regional Development Cross-Cutting Strategy METE expresses its concern that the competitive grant scheme is likely to increase regional disparities and reverse decentralization trends.7 In any case, the decreasing capacities of local institutions contributes to a decrease in the quality of life of people and hampers further the poor communes’ competitiveness for attracting small and medium enterprises. The differences among municipalities and communes seem to be growing in a kind of vicious circle, contributing considerably to the widening gap between the regions with regard to economic and social development potentials. d) Civil society, public participation and accountability Coming from a communist past – in a totalitarian and stalinist version not comparable to its neighbours in the Western Balkan - state institutions, legal procedures, and political processes have changed substantially. However, state power at central and local level is often managed and administrated by a generation of (male) politicians and officials who were brought up in deeply hierarchical, centralistic, closed and authoritative system, and politicians, administration and civil society are very slowly learning new roles and attitudes. While it is generally assumed that local authorities are more accessible to citizens and local civil society groups than the central authorities, civil society does not yet seem to take much space in shaping political decisions in Northern Albania. Although there are some good examples of changing attitudes of authorities and growing self-confidence, trust and engagement among citizens (men and women), civil society still plays a very limited role as a 6 7 See Regional Development Cross-Cutting Strategy 2007, S. 17. Action-Plan for the RDCS, Phase 1 (2008-2009), October 2007, p. 6. Feasibility Study, 23-2-2009 16 counterbalance to state power. A culture of public debate and dialogue within and among the authorities has yet to be established, since decisions often continue to be taken in non-transparent ways and are controlled even at local level by a still centralized and very personalized power system within the two main political partiesMany observers point to the fact that participation of women in local decision-making is low. While some women are working in public administration at all levels and some local women organizations are involved in development initiatives and projects, very few women are involved in political decision-making at local and qark level. Besides of some exceptions, women are practically inexistent in positions of power, such as heads of qark, mayors, or head of communes. For example, only 2% of mayors are women. Moreover, it still seems to be difficult for citizens to hold local (and central) authorities accountable for illegal or inappropriate action. While citizens can go to court to challenge individual decisions, this is not really seen as a viable option for many. And there is very limited public space to raise political issues, ask for accountability and challenge political decisions, either at local or at central level. Like in other countries in the regions, there are a certain number of NGOs working on development and human rights issues, but they often lack a broad local constitutency. With the European integration process and the focus on alignment, the focus of donors seems to shift more and more to government support, and the drying out of international support leaves no choice to many NGOs who do not have strong roots in Albanian civil society, to adopt new roles of (paid) service delivery. e) The qark still relatively weak It has already been mentioned that, according to the constitution, the regional councils and the heads of regional councils do not have direct political legitimacy. Since the qark councils consist of representatives of municipalities and communes, they are often seen as local government association, rather than as an intermediary level of government. Although the Organic Law No. 8652 provides a basis for regional taxes and fees for public services, the regions lack any fiscal autonomy. Qarkus are primarily financed by transfers from central government (particularly for the costs of a relatively well developed administration) and municipalities/communes which are supposed by law to transfer an agreed percentage of their own revenues to regional budgets, but this seems not always to be the case. Originally, the regions were established with a threefold purpose: to optimize the provision of public services, to provide a platform for achieving common regional interests, and to ensure the alignment of local regional and national priorities and harmonize local and regional policies with national objectives.8 The Organic Law No. 6852 vaguely outlines the roles and responsibilities of the regions (qarku), stipulating that the main functions of the council are the “development and implementation of regional policies and their harmonization with the national policies at the regional level”. However, the qarku do neither have administrative instruments nor the financial means nor professional capacities to deal with this task. It seems that particularly the big municipalities are unwilling to accept regional guidance or intermediation in their direct dialogue with central authorities. Moreover, it is still the 8 See: Albanian Regional Development: Opportunities and Challenges, UNDP Mission Report September 2005. Feasibility Study, 23-2-2009 17 prefect’s role to check the legality (but not the political appropriateness) of the decisions taken by the municipalities/communes. Inspite of the qarku’s task of regional coordination and planning, there is no clear role in overseeing the action of municipalities/communes, or fostering most needed cooperation among local instititutions. The qark also has a right to exercise executive competences in the delivery of public services: tasks can be delegated by the central government or by municipalities/communes. For example, qarks have some role in managing rural roads and most recently in the domain of construction police. In 2005, the central government transferred responsibilities for the allocation of funds in the area of primary education and health care to the regional councils. Already a year later, these responsibilities were taken back and replaced by the competitive grant system, directly allocating investment funds to the municipalities/communes in need. The transfer of competences had resulted in a wide disperse of money and a number of unfinished constructions of school. The transfer was done without much preparation or consultation and did not factor in the strong limitations of Qarks to impose regional interests against local interests of their members, which had heavily contributed to make this process fail. The qarks seem to be in a relatively uncomfortable intermediate position between the central government, the line ministries, the prefect, and the municipalities/communes. While many observers state that there is an absolute need for an intermediate level of decentralization, others say that the territorial dimension of qarks is not adequate for Albania, suggesting either to make them bigger in line with EU/NUTS 2 regions – or smaller in line with the old district system. f) The new decentralisation strategy 2008 Most of these concerns have been taken up by the strategy on decentralization which has been adopted in July 2008 by the Committee on Strategic Planning of the Council of Ministers (but not yet by the Council of Ministers). It aims at improving governance, making institutions more effective, participative, democratic, and transparent governance. With the objective of integrating into EU, the strategy is based on the principle of subsidiarity. It plans to - re-think territorial division, election mode, financing and competences at qark level, still focusing on regional planning and coordination; - develop an integrated financial framework for LG; - develop a legal framework for shared functions with line ministries; - develop and implement standards for local services; - develop technical guidance and build local capacity. It remains to be seen whether this strategy will be confirmed by the Council of Ministers, and how it will be implemented. g) Conclusions Since 2000, Albania has moved forward on the way of decentralization. Local governments (regions and municipalities/communes) were established. Several tasks, property and financial resources were transferred to municipalities and communes. However, these transfers are yet to be completed, the distribution of competences is not always clear, and municipalities and communes often do not Feasibility Study, 23-2-2009 18 dispose of the human and financial resources needed to cope with their tasks. regions (qark) are still weak, with a relatively broad scope but limited tasks capacities, with limited political legitimacy, depending largely on municipalities communes for funding. Participation of civil society in local decision-making is and women are largely under-represented particularly in the positions of power. The and and low, A new decentralization strategy was elaborated, which aims at addressing some of the challenges mentioned. Once officially adopted and implemented, it will be a valuable basis for future work on decentralization. (for more details see pre-study of Dritan Shutina, annex 2) 3.2 Regional development: new institutions and processes a) The new Regional Development Cross-cutting Strategy While Albania’s growing economy is still facing many challenges linked to the transition from a closed planned system to a market system, regional disparities within Albania are great. According to the Regional Development Cross-cutting Strategy RDCS poverty is 66% higher in rural areas than in Tirana, and 50% higher in rural areas than in other major urban centres. The Human Development Index is three times higher in Tirana than in the mountain areas of Albania, and there are great disparities within qarks and even within municipalities and communes. These disparities result in internal and external migration. The new strategy on Regional Development aims at addressing regional disparity, primarily by making the sectoral investments and activities of the line ministries respond to regional disparities in a coherent regional approach. The strategy has been endorsed by the Council of Ministers in 2007. It formally aims at a balanced and sustainable socio-economic growth among the regions and plans to accelerate the integration process into EU and NATO. One of the major political objectives of the regional development process is to make Albania ready for accessing EU Integration and Pre-Accession IPA funds which will be open for regional development, when Albania will reach the status of a candidate for accession (see the following chapter on EU integration). These two orientations are somehow reflected in the two strategic objectives of the RDCS: Strategic objective No. 1: ensuring that all qarks (or “counties” or “regions”) 9 are enabled to contribute to sustainable development and competitiveness – and thus reduced social and economic disparities across the country. This will be achieved through two programmes: the National Programme for the Development of Qarks and the Disadvantaged Areas Development Programme. The English text is using the term ”county” instead of ”region” or ”qark” and does not refer explicitly to the existent institutions (and territorial delimitations) at regional level. According to some of our interviews, this is intentionally so, to be flexible in the view of a possible territorial re-organisation. To avoid confusion, we use here the term of ”qark”, since this is the term currently used for the existing territorial entity at regional level which regional development is referring to. 9 Feasibility Study, 23-2-2009 19 Strategic objective No. 2: setting in place an efficient management framework for regional development. This will be achieved through the elaboration of a new legal framework and the development of institutional structures to manage regional policy. The strategy introduces a series of new elements to Albanian policy: - in terms of strategic planning and policy: o a single policy framework for development, taking into account the specific needs of qarks; o a single socio-economic development programming document for the qark (the Regional Development Strategy), o the concept of a regional development agreement, a multi-annual strategic, operational and financial plan setting out central government support for development priorities in each of the qark; o the designation of disadvantaged areas for a period of five years, a government plan for the development of disadvantaged areas and a special budget line for special support schemes for both disadvantaged qarks and disadvantaged communes and municipalities; - in terms of institutions: o a National Partnership Council for Regional Development, bringing together government ministries, qarks and local governments, the social partners and civil society; o an expanded department for Integrated Regional Development within METE, for managing Albanian regional policy and for the future implementation of EU regional policy. o a new partnership between national, qark, municipal and commune stakeholders, in the form of Regional Partnership Councils o a single local agency to coordinate the implementation of the Regional Developoment Strategy (the Regional Development Agency). The national programme for regional development is planned to be budgetary neutral: The majority of funds for implementing the strategy will come from the line ministries and be contained within the sectoral strategies (including the competitive grant for municipalities and communes), in accordance with the planned regional development agreements. Additional support from the central budget is foreseen to cover a proportion of the establishment and operational costs of the Regional Partnership Council and the Regional Development Agency. b) Open questions and challenges The strategy has been adopted, and its implementation is in the very first phase. Its future impact is not yet very clear. For many of our interview partners in Northern Albania, the perspectives of regional development are still vague, due to the fact that there is still a challenging process of concretization ahead, since the strategy left open some important questions which are planned to be answered by guidelines, laws and by-laws, and action plans. Given the diversity of views among the different ministries on how to implement the strategy, the challenge will be to find common ground on these important questions: Feasibility Study, 23-2-2009 - 10 20 What is “regional development”? What will be the content and focus of the regional development strategies? Infrastructure development? spatial planning? delivery of public services? Promotion of economic activities? Consolidating regional and local governance structures and institutional capacities for investment and public services? - How to really make it cross-cutting and meaningful for sector policies? Who is responsible for linking the regional development agreements with financial resources, coming from the line ministries’ budgets? - How will be the relationship between the planned new institutions (partnership councils and development agencies) at regional level and the existing qarks which have the legal competence of planning and coordinating regional development? Who will decide on investment priorities and planning? - How will the authorities respond to the particular needs of the civil society and the private sector in the regions? Who will be invited and able to participate actively in the decision-making on regional development? How will the members of the partnership councils at national and regional level be selected, and whom will they represent? Will the marginalized groups also have a say? - What will be the consequence for the decentralization process? What would be the impact, if additional EU funds will be channeled through the qarks – or through new regional institutions in parallel to the existing qarks? What will be the role of municipalities/communes in implementing EU-funded projects? Will municipalities/communes and qarks be able to tap the additional resources in their areas of competence or at least have a say, given the fact that several interviewees expressed the view that regional development must be seen as a top-down process steered by central government? - Regional disparities should also be reflected in the decentralization process. If not taken into account properly, regional disparities may have a variety of negative impacts. For example, the “attractivity to live and work” (see the following chapter on EU regional policy requirements) in a particular region depends to a large extent from the accessibility and quality of public services under the responsibility of municipalities/communes. A low level of public services (public utilities, education, health) is an important factor determining the framework conditions for economic activities, and thus contributes to decrease the competitiveness of the poor regions. In many cases, the lack of opportunities for children’s education and the inaccessibility of health services are important reasons for migration of well qualified professionals. In poor regions, the needs for public service are different and may be even higher (in social assistance, education, health) and more costly (because of inaccessibility of the area) than in richer regions, while local governments will not be able to count on tapping additional financial resources. The current formulas for distributing unconditioned, conditioned and competitive funds to municipalities and communes do take into account to some extent economic disparities, but concerns remain that the distribution of funds benefit to those regions able to co-finance and manage projects, i.e. richer areas.10 Regional In the Action Plan for implementing the Regional Development Cross-Cutting Strategy METE expresses its concern that the competitive grant scheme is likely to increase regional disparities and reverse decentralization Feasibility Study, 23-2-2009 21 policy considerations should therefore also be mainstreamed in the decentralization policy and reflected in an informed financial equalization scheme. (see also: Pre-study of Silva Simaku, annex 3) c) Conclusions The regional development strategy has been adopted, but its concretization and implementation still is ahead. It is difficult or even impossible to say how it will affect Albanian reality and impact on Northern Albania. But at least it can be said that the focus on regional disparities will allow for a more differentiated approach to economic and social development and a concise, coordinated and systematic support for poor regions. From the perspective of poverty reduction, Northern Albania can hope for an instrument to catch-up at least partly with the richer regions of Albania. The regional development aspect is relevant for both deconcentrated and decentralized administrations and public services. The concept of regional development is not changing these ways of delivering services and managing public affairs, but regional development is adding the lens of disparity between regions to both. The new Regional Development Cross-Cutting Strategy mainly aims at channeling existing (and future IPA regional development) funds into the system, by creating institutions to plan, allocate and manage these funds. The new institutions and mechanisms will contribute to plan and implement projects, but they will not realize regional development themselves. Central and local authorities, deconcentrated and decentralized services will have to continue to fulfill their tasks, deliver public services and play their roles in the projects according to their legal competences and responsibilities. Regional development is adding a new dimension, it is complementary to the existing institutional framework of deconcentration and decentralisation. To be effective, regional development must be seen as a common objective and its implementation should involve all ministries, while for the moment there is considerable debate among various ministries and institutions on how to steer and implement regional development policy. Graph 1: Public institutions and processes in the regions trends. Various reasons are given: The level of disadvantage is no criteria for selection. The quantitative selection criteria of “number of beneficiairies” favors big and urban municipalities/communes. There is no support for disadvantaged communes for preparing applications, so lacking capacity means no money. And there is no role for qarks in deciding on regional priorities. Feasibility Study, 23-2-2009 22 Financial flows govt. Qarks Nat. Partnership Council Agency Reg. Partnership Council Agency Deconcentration n Regional Development Decentralisation Central MOI Central govt. METE/MoF/ME IMoJ Central ministries Prefect Municipalities/Communes govt./line Directorates (District) ivisions Citizens access to public services… From the perspective of decentralisation, a particular challenge for implementing the regional development strategy will be to clarify and strenghten the roles of new and old institutions at regional level, with a view to express, defend and plan for “regional” interests. The qarks (and the prefects) already have a formal role of coordination and planning but the experience from Northern Albania shows that they are relatively fragile and weak, and they are not really seen as politically legitimate to represent regional interests. The new partnership council and a new regional development agency will change the regional (and national) dynamics in this area. It should not be handled as an additional parallel institution, but integrated in the existing political and administrative system. 3.3 The driving factor for regional development: EU integration One of the driving factors for the political debate on regional policy is the EU integration process. Firstly, the perspective of accessing additional EU funds in the pre-accession phase (see the following section a) and as a future member (see the following section b) provides important incentives and clearly triggers political and economic reform. But, since there is a broad consensus that Albania should integrate into the EU system, the argument of adapting to EU standards is too often used – and sometimes misused in the political debate. a) The current pre-accession phase The Instrument for Pre-Accession Assistance IPA is the EU’s financial instrument for supporting the pre-accession process of countries aspiring to join the EU for the period 2007-2013. In its current status of a potential candidate, Albania has access to components 1 (Transition assistance and institution building) and 2 (Regional and cross-border cooperation) of the Integration and Pre-accession IPA funds. For both Feasibility Study, 23-2-2009 23 components, the Financial Agreements have been signed, and the programmes have started. The second component is particularly relevant for Northern Albania, but the funds available are relatively limited (2.8 Mio. Euro for 2008-2010). The other three IPA components (“regional development”, “human resources development”, and “rural development”) are only for candidate countries. Albania will have access to these funds if and when it will be accepted as a candidate country – a political decision which does not seem imminent for the moment. More EU funds (“structural funds” and “cohesion funds”) will be available for new member states, in a relatively far future for Albania (see section b). According to the Multi-annual Indicative Planning Document MIPRD 2008-2010 the main focus areas of EU funded support continue to be justice and home affairs, administrative capacity building, economic and social development, and democratic stabilization. Under the component of regional and cross-border cooperation local government units (LGUs) are foreseen as beneficiairies. This probably means that municipalities/communes as well as qarks can apply for funds to realize projects corresponding to the criteria spelled out. Moreover, the „Municipality window“ will provide direct access to municipalities/communes to additional funds, following the example of other South Eastern Europe countries. The “Municipality Window” is a financing grant scheme of the European Commission for hard infrastructure projects of communes and municipalities: Project proposals are submitted to a Bank (Bank of Europe, European Bank of Investment, etc), in order to get a loan. When the loan is approved, local governments can apply to get a grant from the “Municipality Window” program in order to cover their part of the project implementation. In any case, the IPA system provides guidance for the effective financial management of funds, but it does not intervene in the political debate on territorial and administrative organization of partner states. Like in other potential candidate countries, absorption capacity for IPA funds is lacking in Albania. While it is important to develop the technical management capacities on how to plan, implement and evaluate concrete projects, there is also a more general need for developing the responsible institutions and procedures, with a view to make project funded investments sustainable, use them properly and maintain infrastructure and improve services. For example, the huge investment for new roads is useless if there are no capacities for road maintainance, protecting securing the new roads from landslides and keeping the usable in times of snow and ice. It is important to develop sectoral and regional strategies, to plan and set development priorities, it is also important to build capacities for planning, implementing and evaluating projects, to maintain EU funded infrastructure and sustain their use. Examples from other accession processes in Eastern Europe show that one of the main challenges for candidates was to build capacities for absorbing future EU funds. In the case of the Czech Republic, capacity building for absorbing funds was one of the main goals of the pre-structural programmes in the pre-accession period (PHARE, SAPARD and ISPA). In this phase of seven years, thousands of mostly small projects were implemented, and by this, the authorities and organisations concerned learned practically about the procedures and principles of EU programmes. (see also: Pre-study of Zdenek Vyborny, annex 4) Feasibility Study, 23-2-2009 24 b) EU Regional policy with regard to members Although Albania will not become a EU member in the next future, EU standards will continue to provide the most relevant orientation for political decision-making in the next years, particularly with regard to political and admninistrative reform, regional development and cross-border cooperation. This means that for designing regional development and implementing the regional development strategy in Albania, European regional policy will be an important factor to take into account. The European Union’s regional policy 2007-2013 aims at putting solidarity into practice, while strengthening the competitiveness of the EU economy as a whole: Strengthening economic, social and territorial cohesion by reducing developmental disparities between its regions is a fundamental objective of the EU laid down in its Treaty, and it is absorbing one third of the EU budget. Under the first objective of “convergence”, the EU cohesion policy focuses on funding investments in 84 EU regions, whose per capita GDP is less than 75% of the Community average. Under the second objective of “regional competitiveness and employment”, 168 regions are eligible for financial support as so called phasing-in areas, subject to special financial allocations due to their former status as areas under the first objective. The third objective focuses on cross-border cooperation, allocating some 2% of the total funds. The three objectives are supported by three EU structural funds and instruments, namely the European Regional Development Fund ERDF, the Cohesion Fund and the European Social Fund ESF. The ERDF supports programmes throughout the EU, while the Cohesion Fund focuses on transport and environment infrastructure, as well as on energy efficiency and renewable energy in the 15 Member States with a Gross National Income GNI lower than 90% of the EU average. The ESF provides support to anticipate and manage economic and social change. Across all cohesion policy programmes, the main fields of investment are knowledge and innovation (24%), transport (22%), environmental protection and risk prevention (19%), and human resources (22%).11 European regional policy, its instruments and programmes are largely managed in a decentralized way by the national and regional governments concerned. Within the common framework set by the EU, the member states and regions choose their own prioritiy objectives. However, “each programme is developed in a collective process involving authorities at European, regional and local level, social partners and organizations from civil society.” Moreover, member states and regions must prepare “National Strategic Reference Frameworks” as well as national and regional operational programmes. Strategic guideleines on cohesion policy have been developed to support effective planning at national level. According to these guidelines, programmes should concentrate investment in high-growth areas, invest in divers of growth and employment such as innovation and education, establish comprehensive medium term development strategies, contribute to trans-European infrastructure and environmental sustainability, mobilize additional resources, and develop partnerships between different levels of governments and others. 12 These programmes are negotiated and agreed with the Commission, but implementation is the responsibility of the member states. The following rules are applicable13: 11 European Union Regional Policy, Working for the regions, EC 2004, p.3. European Union Regional Policy 2007-2013, Working for the regions, http://ec.europa.eu/regional_policy. 13 See also: Charlie Woods, TAIEX Mission Regional Development Policy, 19-22 May 2008. 12 Feasibility Study, 23-2-2009 25 - Each country must respect EU legislation, particularly on procurement, competition, environment. - Adequate institutional framework and capacity of public administration, respecting good governance, to ensure programming, implementation, monitoring and evaluation; - Multi annual programmes and strategic planning; - Regional policy must concentrate on least prosperous regions as well as on the Lisbon Agenda (contributing to a more attractive place to live and work, more knowledge and innovation for growth, more and better jobs); - Additionality to local funds; - Emphasis on financial control and audit, monitoring, evaluation - Coordination among government institutions; - Access to information, active communication and transparency about activities funded by EU Structural and Cohesion Funds; - NUTS 2 regions are used as a basis for regional development programming (but not necessarily as a basis for territorial organization). c) Conclusions The EU regional policy approach leaves substantial room for member states and candidate countries to define their own priorities of regional development. The instrument for pre-accession assistance (for candidate countries) as well as the structural and cohesion funds (for member states) financially support activities to balance regional disparities, according to national strategic reference frameworks and according to a series of operational rules set by the EU. Absorption capacity to deliver on strategic planning, managing projects, and capacity to maintain and sustain public services and investments will be key for accessing EU funds. For Albania as a potential candidate for membership, this means that addressing the current capacity gaps will be crucial. If additional funds for regional development will be channeled into the system, regional and local capacities will have to be increased particularly in poor regions, with a view to absorb the funds regionally and locally, plan and implement the projects, and improve and sustain public services. 3.4 The donors‘ landscape Various donors have been and are active in the area of decentralization and regional development in Northern Albania. According to the inventory of the Council of Ministers’ Department of Strategy and Donor Coordination14, various donors have been funding activities in the area of decentralization. The World Bank and the US supported regulatory framework, local government finance, the law on spatial planning, and local economic development. CARDS will support fiscal decentralization, while Sweden is supporting the development of the legal framework for the local government staff to become part of 14 External Assistance Orientation Document, April 2008, p.20f. Feasibility Study, 23-2-2009 26 the civil service. Sweden continues to support the Association of Communes, and the Association of Municipalities is supported by various donors. The Netherlands have several projects supporting governance in particular localities. UNDP’s local governance programme and other bilateral donors have supported aspects of the operation of regional councils and strengthening planning capacities. The transfer of public properties was supported by the World Bank. Other donors are focusing directly on improving local service delivery. Italy is funding the “ARTGOLD” local development project. Several donors are supporting the decentralization (and deconcentration) of social services, education and health, and also provide technical assistance to decentralized water and sanitation services (particularly GTZ). Many donors (such as ADA) provide support for specific sector activities directly to local governments. For the purposes of this report, the following ongoing interventions are of particular interest: Under the title of “Integrated Support for Decentralization” and with re-oriented EU-CARDS funds, EC Delegation contracted UNDP for assisting the Albanian government to prepare the necessary institutional and legislative frameworks for managing IPA component 3 on regional development through establishing the necessary coordination and cooperation mechanisms at the central level. In addition, the project will expand in a number of selected qarks (most probably the three Northern Albanian qarks of Kukes, Lezhe, Skhodra) with the aim of supporting qarks establish appropriate decision-making and technical structures in synchrony with national policies and plans. According to the most recent project documents, the project will assist the pilot qarks in elaborating the Regional Development Strategies foreseen in the National Programme for the Development of qarks 15 and provide financial support for construction/rehabilitation of local infrastructure in accordance with the Regional Development Plans as well as for partnerships with local communities (planned 2.7 Mio Euro in total for the three pilot regions). Moreover, a capacity building component will focus on the new institutions created by the Regional Development Cross-cutting Strategy (the National Partnership Council for Regional Development, the National Agency for Regional Development, the Qark Development Council, the Qark Development Agencies), but also include local government administrations at all levels, community based organizations and other NGOs. GTZ is (more symbolicly) present in Shkodra and Lezhe qark, with the aim of supporting the regional development planning process, but concrete planning activities have not been started. It also implements some pilot projects in the sense of “concrete measures”, focusing on inter-municipal cooperation, and plans to invest in establishing networks, particularly in the form of a “local action group” for regional/rural development, as well as in capacity building. The Netherlands and SNV are providing extensive support to Diber Qark through a specific programme with the objective to promote sustainable development and strengthen local government structures. A trust fund, providing communes and municipalities with financial support for projects according to their own strategic plans, has been established and is administered by the Qark authorities, while The term used here is ”qark”, while the official translation of the Regional Development Cross-cutting Strategy is ”county”. 15 Feasibility Study, 23-2-2009 27 technical assistance and capacity building for qarks and municipalities/communes is provided by SNV. The experience is generally seen as a success particularly because SNV builds on a long term and trustbuilding presence in Diber. The high investment of SNV in technical support to local governments seems to have an important impact on local as well as regional capacities to manage projects and funds. Although the Netherlands will not continue this activity beyond Diber (since their cooperation activities will be phased out in general), SNV is planning to extend the trust fund idea to Shkodra. Swiss Cooperation is currently implementing a Decentralization and Local Development programme DLDP in 8 municipalities and communes of Shkodra, focusing on several key issues of governance at municipality/commune level, such as local strategic planning and territorial planning and management, municipal/communal public services provision, management support to local councils, financial management, public partication and intercommunal exchange and cooperation. In a comparable approach, USAID is supporting good local governance in three municipalities of Northern Albania (Shkodra, Lezhe and Kukes). UNDP has various activities in Kukes Qark. It was partnering with EC for implementing the Kukes Regional Development Initiative KRDI which aimed at imnplementing small infrastructure projects through applying a social mobilization approach and building capacities of local authorities and Community Based Organizations (until 2008). UNDP also envisages a Cross Border Programme for the region supporting local business and promoting cultural and tourist values. Graph 2: Donors’ landscape in (Northern) Albania today Many donors different sectors EC/UNDP govt. SNV (Diber) (GTZ) Central govt. METE/MoF/M EIMoJ Nat. Partnership Council Agency Deconcentrationn Qarks Regional Development Decentralisation Central MOI Central ministries in govt./line EC/UNDP Reg. Partnership Council Agency Directorates Prefect Municipalities/Communes (District) Divisions DLDP/SDC (Shkodra), USAID Many donors focusing on support for local infrastructure and delivering sectoral services Feasibility Study, 23-2-2009 28 To conclude: The EC engages strongly with the process of implementing the regional development strategy particularly in Northern Albania, while external support for the the decentralization process is limited. Support for local governance in Northern Albania is focusing on a very limited number of qarks, municipalities and communes, and engages with a limited number of topics (mainly regional and local planning). While many donors are engaged in providing public services in many sectors also at local level and thus may have an influence on local governance, focused and systematic support for institution building, capacity building and public administration reform at regional and local level is very limited. 3.5 The potentials for a joint programme According to the ToRs, this study should identify and analyse the potential for a joint programme, based on the context, its challenges and opportunities. The assessment of the context brought as to identify the following areas of potential support: - At intermediate (Qark) level, there are several institutions with overlapping and sometimes even conflicting mandates: The Qark itself is relatively weak in terms of political legitimacy, funding, and competences, although there seems to be a need for an intermediate level of administration and policy-making. The prefect has a similar role of coordination focusing on deconcentrated ministerial services – and similar limitations in capacity and power. Moreover, the prefect is fulfilling a supervisory role regarding municipalities and communes. The new institutions foreseen by the new Regional Development Cross-cutting Strategy will also have a planning and coordination role. To make the system work effectively and deliver, there is a need for clarification of roles and functions of the various actors at regional level, to ensure institutional coherence and good governance. - In the context of regional development and EU integration and in the logic of the principles of the Paris Declaration on Aid Effectiveness, development funds will be increasingly channeled through national systems for managing investment projects, sustaining services, monitoring impact of investments. There is a big need to build absorption capacities to access and manage these funds, at regional and local level, particularly in disadvantaged communes and municipalities. On the other hand, the implementation of the Regional Development Cross-Cutting Strategy itself, particularly the development of regional development plans at Qark level seems to be extensively covered by the EC/UNDP programme and other bilateral donors investing in strategic planning. - In the perspective of regional development, all Qarks should offer to citizens and enterprises an “attractive place to live and work”. This means, among other things, a minimum standard of infrastructure and public services accessible to everyone, even in poor regions and sub-regions. Even if investment in infrastructure will be increasing, there is a big need for institutional capacities to sustain service provision and maintain infrastructure at regional and local level, as well as to improve quality of services at local level. While the Albanian authorities have the responsibility to find answers to these challenges, donors could provide the necessary technical and financial support at all Feasibility Study, 23-2-2009 29 levels. The current interventions of donors cover these issues only very partly and leave room for meaningful joint interventions of ADC and SDC in Northern Albania, although narrow coordination with national and local actors as well as with other donors will always be needed. 4 Suggestions for a future joint programme 4.1 Key principles and approaches Based on the experience from other countries, the Albanian context analysis and the main orientations of Swiss and Austrian cooperation, a series of principles should guide any intervention in the field of regional development and decentralization. Regional development is about reducing regional disparities and focusing on the least prosperous regions. Regional development should be used as a comprehensive concept, including economic, social, political and institutional development. It is not only about public infrastructure, private sector investment, or urban planning. As the EU Lisbon Agenda mentions, it is about making poor regions a more attractive place to live and work, improve knowledge and innovation for growth, create more and better jobs. Quality and accessibility of public services (like water, sewerage, solid waste management, education and health) are key factors for making regions more attractive or keeping them attractive for business to develop, professionals to work, and families to life. Decentralisation aims at bringing such public services closer to people, with the assumption that this improves governance and makes State action more transparent, accountable, effective, responsive and participative. But particularly in poor regions, improving political and administrative processes alone is not enough, when there is no money to invest in public infrastructure and services. Experience has shown that the best approach is to combine support for improving political and administrative processes with tangible improvements in infrastructure and services. Alignment with national strategies and the policies and action programmes of the national and local governments for their implementation is a must, although the existing strategies are numerous and overlapping, sometimes even conflicting. Building ownership for coherent approaches across sectors and common engagement in implementing these approaches is an important feature of regional development and decentralization. Moreover, harmonization among and coordination with other donors is key, but continues to be a challenge. One of the key challenges in many decentralized systems is transparency and accountability, and above all: communication. Policy makers at central level are often not fully aware of the challenges faced by the decentralized authorities, and they risk to design policies and take decisions which are difficult to implement. Local authorities feel frustrated and alone, without the necessary means to fulfill their duties and without meaningful instruments to influence and challenge the central power in its decisions. In fact, decentralisation reform requires equal commitment from the central and the local level, leaving some substantial autonomy to local authorities, but ensuring common standards for public services, particularly in poorer regions. Decentralization cannot achieve success if the central government considers itself as the authoritative leader, giving orders and disengage with the reality faced by local Feasibility Study, 23-2-2009 30 authorities. This means for donors, that practical experience from regional/local level should be systematically used to nourish policy dialogue at national level, with a view to better inform decentralisation policy and regional development policy. Regional development policy is in the way of being developed, and decentralization still needs consolidation in Albania. Institutions, competences and mechanisms of decision-making can change rapidly. A programme must be designed in a flexible way, to respond to changing variables, risks and opportunities. Although Albania has gone a long way of transition already, the authoritative past still influences attitudes and behaviors, particularly within the administration. State institutions (including relatively autonomous local governments) continue to work in a very hierarchical manner, leaving little space for new ways of thinking in terms of transparency, accountability, effectiveness and participation. Party discipline seems to keep its importance, and laws are perceived as orders, without any room for interpretation. A focus on fostering political dialogue, public participation (particularly of women) and engaging civil society in decision-making on regional development is needed. Changing attitudes needs time everywhere. A joint programme must show patience, be realistic in its objectives, and donors must be ready for a long term engagement to build trust among partners and see tangible results. Since regional development and decentralisation involves a variety of stakeholders at various levels, different components of the programme should address the needs at central as well well as regional/local level. 4.2 Suggested intervention at central level The rationale of our suggestion is that economic and social development in poor regions depends to a large extent from improving local institutional capacities to deliver public services. Regional development needs a solid and coherent legal and policy framework and financial means for deconcentrated and decentralized institutions and service delivery at all levels, and there is a specific need to strengthen decentralized service delivery particularly in poor regions. The overall goal would be to assist the central government in definitively adopting and implementing the new decentralisation strategy, in the cross-cutting perspective of regional development. Since decentralisation and regional development both are cross-cutting issues involving the portfolios of several ministries, their implementation must involve the responsibility of the Council of Ministers and even the Prime Minister. This means that the interventions would have not focus exclusively on partnerning with the Ministry of Interior. Decentralisation should contribute to regional development and make local institutions particularly in poor regions able to deliver a minimum standard of public services within their area of competence, and thus contribute to make all Albanian regions more attractive to live and work. In particular, this would mean - to clarify functions and roles of the various actors at regional level (territorial reform if needed) - to develop the financial framework to accomplish tasks at regional and local level, particularly taking into account the needs of poor regions, municipalities and communes. Feasibility Study, 23-2-2009 - 31 to develop standards for delivering services, and accountability mechanisms at local and regional level, and design an action plan on how to help the local governments to reach the quality standards It should be stressed that a broad political debate on these issues (including the territorial reform) will be needed. The three Associations representing the interests of qarks, municipalities and communes would have to be involved closely – and supported, if needed. Opportunities and risks: Elections will be held in 2009. A change in government could put current strategies, policies, and priorities into question. This component should therefore not be seriously started before the elections. Substantial support for implementing the new decentralization strategy, particularly for clarifying roles and make the regional system more coherent needs a clear articulation of political commitment for cooperation, from the part of the central government. For the moment, the various ministries involved (and the donors supporting them) have different views on how to harmonize regional development concerns with decentralization and/or with sectoral policies. It will be necessary to involve the Council of Ministers and the Prime Minister to solve these political questions. Both Austria and Switzerland have showed commitment to supporting Albania for a long time already: They have a certain legitimacy to address crucial and even touchy issues in policy dialogue and offer assistance. Switzerland is the focal point of the Working Group on decentralization and regional development. This provides important opportunities to lead a meaningful and informed policy dialogue at central level and can open valuable entry points for assistance. The three Associations of municipalities, communes and Qarks have developed institutional and professional capacities and are in a position to cooperate constructively. 4.3 Suggested interventions at regional and local levels According to our analysis, one of the main challenges in the field of regional development and decentralization is the lack of capacity to absorb (future) financial support at local and regional level. With the overall goal of strengthening good governance and supporting improvements in local service provision at regional and local level, the joint programme could contribute to develop procedures and mechanisms as well as human capacities for planning, implementing, coordinating and monitoring projects, maintaining infrastructure and providing services. Although there is uncertainty relating to the future distribution of roles of the various institutions at Qark level, intermediate institutions will most probably continue to exist in one or another form, with a planning and coordinating role. Moreover, the existence of municipalities and communes are not challenged at all. Regional and local authorities will have an important role in designing and realizing regional development. a) Establishing a funding scheme at Qark level The rationale of this element is to support the linkages between to increase absorption capacities at regional and local level, and make good governance efforts tangible, by investing in concrete projects, with an outreach to poor and marginalized regions and population groups. Feasibility Study, 23-2-2009 32 Following the positive experience of the Netherlands/SNV trust fund in Diber as well as DLDP’s successful example of funding local initiatives, a scheme could be established at Qark level, providing grants to municipalities and communes for projects to be selected, according to various criteria reflecting the particular challenges of municipalities and communes. While these criteria would have to be elaborated in detail in close cooperation with the stakeholders involved, the following directions should be envisaged: - The projects should correspond to local priorities and be in line with regional priorities set in the regional and local plans; - The projects should mainly or partly target the needs of vulnerable or marginalized groups (inhabitants from remote areas, women, children, etc.); - Cooperation projects presented by several LGUs should have priority; - Involvement of civil society, particularly of women, in designing and monitoring should be a priority objective for all projects; - A special facility for projects proposed by local civil society organizations, particularly of women’s organizations, could be envisaged. The funding scheme mechanism should be managed through the qark according to procedures and standards aligned with EU procedures and in line with the new regional development cross-cutting strategy. Of course, close cooperation with EC will be crucial. The fact that the EC/UNDP programme on regional development is planning to pilot the regional dimension of the Regional Development Crosscutting Strategy in three qarks of Northern Albania, opens important opportunities for cooperation and synergy, which will have to be explored. While the suggested intervention is preparing the ground by strengthening the absorption capacity of local governments, the planned trust fund of the EC/UNDP programme aims at testing the new institutions and mechanisms at regional and local level. Projects should be co-financed by municipalities and communes. The joint programme would need to focus particularly on technical assistance and support for the management of the funding scheme (at Qark level) as well as for the management of the individual projects funded (at municipalities/communes level). The expected outcomes of this component could be: - improved governance in the participating municipalities/communes and qarks - improved infrastructure and/or service delivery in participating municipalities/communes (although this is not the most important outcome, due to the limited funds available in the trust fund) - development of best practice in management of investment at municipality/commune level, in the form of a manual for other municipalities/communes as well as Qarks. A close cooperation with the three associations which could use these manuals for capacity building offers to their members, is needed. Given the limited overall budget for this component, it is suggested to select two Qarks maximum for the implementation of the funding scheme, with the idea of concentrating funds and technical support in a meaningful way. This would allow for a funding scheme able to allocate significant contributions to projects as well as Feasibility Study, 23-2-2009 33 investing in solid capacity building, with a view to develop and consolidate mechanisms and procedures for replication in other qarks. All four qarks of Northern Albania are seen as relatively poor, with the exception of their respective urban centers (Shkodra, Lezhe and Kukes), so they would qualify in principle. While Diber is already served by the Netherlands/SNV’s intervention, it must remain open here whether Shkodra, Lezhe and/or Kukes should be taken up. The answer will have to be given in coordination with EC/UNDP, depending on how the two approaches can and should be coordinated. . The following pros and cons should be considered: - In Shkodra, Austrian and Swiss Cooperation have been active for several years and could therefore profit from a high level of credibility. Moreover, the activities of DLDP have certainly prepared the ground for capacity building interventions in the field of governance. The fact that DLDP is already working with 8 municipalities and communes would not hamper a regional approach, to the contrary, it would be most helpful, if the new approach is well coordinated and clearly communicated. If Shkodra is selected, it would be clearly recommended to build on the existing structure of DLDP which could scale up their activities to regional level. A new structure in an already complex picture might create confusion and compromise intended results. - In Kukes, UNDP has been present with different projects and established relatively strong relations with regional and local authorities. Kukes may count on UNDP and might not be willing to engage with another scheme coming from other donors. But it might also be an advantage to select Kukes, since EC/UNDP will be present from the beginning and coordination with the future EC/UNDP trust fund could be easier. - In Lezhe, donors seem to be less present, so the authorities could be more inclined to take an additional opportunity. Opportunities and risks Valuable experience with similar approaches to capacity building has been made at regional (NL/SNV in Diber) and local level (DLDP Shkodra). These experiences are shared and can be used for other Qarks, although time will be needed to build trust with new partners. Both Austrian development cooperation and Swiss cooperation have been present in Northern Albania with different and successful activities. This contributes to credibility and trust in the region. Other bilateral donors are active in regional planning or are envisageing to to so. The suggested intervention may well be complementary to ongoing planning processes in several respects, for example using the agreed priorities of regional planning in the selection process of project funding. An active coordination with GTZ which plans to invest in regional planning could be envisaged. b) Improving the flow of information and transparency Transparency is a key feature of good governance, particularly for holding authorities accountable and make public participation meaningful. Through their intermediary position between the local and central level, the Qarks are well positioned to address the lacking transparency of the system, and the qarks might use information to Feasibility Study, 23-2-2009 34 strengthen their own role of coordination and planning. They could have a particularly useful role in channeling information from the central government to the municipalities/communes, and vice versa. In order to take informed decisions at central level, the government would need to know the regional situation and the challenges at the very bottom of the system. This is apparently not yet the case, although there have been big improvements in gathering and analysing statistical data at central level. Northern Albanian Qarks could be supported in gathering qualitative information and data on municipalities and communes, thus documenting regional disparities within the qarks, monitoring and analyzing the situation of various population groups in the region, with a view to improve its own performance in coordination and planning and provide a more solid basis for decisions of municipalities and communes. Moreover, sharing relevant information with a broader public should be systematically promoted, and communication strengthened, with a view to improve citizens’ access to information particularly on regional development issues. Opportunities and risks The External Assistance Orientation Document mentions the establishment of information systems for local governments as a priority for future donor support in the field of decentralization. Since this component is specifically focusing on building capacities at qark level, it is particularly concerned by the uncertainty about the future of the qarks. But even if the intermediate level of State organisation will be changed, mechanisms and capacities with regard to information, communication and data collection can be transferred to new institutions and be used by them. c) Continue to support DLDP’s work with municipalities/communes SDC is already funding the Decentralisation and Local Development Programme DLDP in Skhodra. Similar to the NL/SNV project in Diber, but directly working with municipalities and communes DLDP focuses on strategic planning, public services, financial management and citizens participation in the 8 participating municipalities and communes. It also provides some very limited funds to test project management in concreto. The project is in its first phase and has provided some promising first results. Its focus on processes within the 8 municipalities and communes targeted allowed for tangible results after a relatively short time. Although there are activities initiated and planned to expand the positive impact to other local governments, the effects here are limited, at least for the moment. The suggested joint programme could help the programme to broaden its impact, and at the same time profit from DLDP’s concrete experience with local government procedures and mechanisms. In this sense, it would be more than logic to integrate this programme in the joint programme, or at least coordinate the activities as closely as possible. DLDP’s efforts need to be consolidated in a next phase, with a view to draw coherent and substantive lessons also for the joint programme and broadening and scaling-up the positive impact on governance at local level. It is thus suggested to continue these activities, in close coordination and cooperation with the suggested funding scheme at regional level. It must remain open here how and where the DLDP should expand or deepen its interventions. If Shkodra is selected for the regional/local Feasibility Study, 23-2-2009 35 funding scheme component, DLDP should scale up. If Shkodra is not selected, DLDP should expand its services, working directly with municipalities and communes within and even outside of Shkodra region. Details ought to be decided by a proper planning process for DLDP’s next phase, identifying strengths and weaknesses as well as opportunities and risks. 4.4 Various options for combining the programme components The planning process for the joint programme will have to answer the question whether and how the various suggestions can be realized. There are various options: The best option is to realize all the suggested interventions at central and regional/local level. The various components build a comprehensive intervention and the exchange of experience made in the various arenas with different stakeholders would be very fruitful and reinforce each component in an ideal way. If this comprehensive approach is not possible or feasible, the different components could in principle be realised individually, or in various combinations. Nevertheless, it is strongly recommended to combine central and regional/local levels of intervention, representing a bottom-up as well as a top-down approach to decentralisation and regional development. This means that interventions should not focus exclusively on DLDP or at central level. For options regarding the future of DLDP, see above. 4.5 (First) operational considerations A steering committee, involving representatives from central, regional and local level, civil society as well as donors, should steer the implementation process, make sure of appropriate communication between the various levels of intervention, ensure the coordination among the various components, and oversee the right mix of interventions and activities. The steering committee would also be responsible for ensuring flexibility and appropriate responses to a changing context. The individual components should be steered by teams involving staff from the institutions involved and representatives from central, regional and local authorities, to promote interinstitutional cooperation and build ownership at all levels. Although the management and implementation of the programme will need different sets of professional competence, the programme should be managed by one implementing partner, to facilitate mutual exchange between the components. The implementing partner should be selected by a call for proposals, based on a well defined programme framework (providing goals, objectives, planned outputs, principles and approaches of the programme). Implementing organizations should be particularly familiar with the local context. While it might be difficult to find adequate local partners, a consortium of several (local and international) institutions could ensure the diversity of expertise needed for the various activities suggested. The design and management of the funding scheme component will probably be an important part of the programme in terms of need for technical assistance and budget. Most relevant expertise from SNV and DLDP in these fields should be tapped. If Shkodra is selected for implementing the funding scheme, the potentials of DLDP to be involved actively in the process should be explored as a priority. Feasibility Study, 23-2-2009 5 36 Suggested next steps - The suggestions provided by this report should be shared with all relevant stakeholders, asking them for a first feedback on the ideas and options. The results of this consultation will provide a first validation of the feasibility of the components suggested. - Based on these comments, ADC and SDC should agree internally on the main lines of the new programme (goals and objectives, intervention levels and components, amount of funding, evt.: selection of qark to work in). - Main lines, overall objectives and approaches of each programme component should be discussed and agreed with the institutional partners to be involved at central, regional and local levels. - A key document should be elaborated, explaining the main orientation of the programme, its objectives, the financial and operational framework. This key document will serve as a basis for a call for proposals. If not yet decided upon, the selection of qarks could be left to the programme proposals which in any case will have to design the right mix and sequencing of interventions. - A call for proposals should be launched. Proposals from partners or consortiums with particular knowledge of the Albanian context (preferably Albanian partners) should be privileged. Feasibility Study, 23-2-2009 37 Annex 1: Terms of Reference (excerpts) .... 3. Outputs of the feasibility study Overall: The feasibility of a joint SDC and ADC funded programme on support to regional development in Northern Albania 2009 – 2012 is assessed in the context described above. Based on the assessment of challenges and potentials in the region as well as institutional strengths/weaknesses main strategies, approaches as well as major programme components are outlined. Basic information on possible implementing structures (capacities, resources, including synergies with other donors is outlined Possible risks and mitigation strategies of the future programme are outlined Specific: The specific outputs of the feasibility study are: a) The status of the implementation of the related cross-cutting and sector strategies in Albania is summarized, including donors’ engagement; major challenges and potentials are identified, existing good practises in Albania are identified and assessed for replication in that region. b)The link with decentralisation process and existing regional development activities is assessed: Progress in decentralisation reform and in particular potential of scaling up DLDP towards a regional development programme is reviewed c) a short overview on major challenges and achievements of EU (pre-accession) regional development policies and implementation processes in one or two selected countries is provided; short reference is also made to good practises in other accession and candidate countries and new member states 4. d) The potential for a future joint programme is identified and analysed, including an outline of synergies with ongoing activities, existing regional/local development plans… e) Draft lines for future programme components including geographic scope are outlined, in particular the model of trust fund, strengthening Qark is outlined, approach/methodologies and scenarios for a future organisational set up are proposed. Specific Questions to be answered by the team a) Status of the implementation of the related cross-cutting and sector strategies (RDCS, rural development cross cutting strategy, gender equality cross cutting strategy) (can be prepared in pre-study by local consultant, synthesis must be done by international experts) 1. What are the priorities of the mentioned strategies and how are they tackled in the action plans? 2. Which are gaps and shortfalls in the mentioned strategies? 3. What are the challenges for implementation? Who is involved so far in the implementation of the strategies? Main players (including Stakeholder analysis)? 4. What is the status of the cross cutting strategy on rural development? Which role does it play in the regional development? Feasibility Study, 23-2-2009 38 5. Which donors are active in regional development? What is their scope of engagement, what potential and challenges exist in cooperation with other donors in this field? (see also matrix – overview on donors activities already exists, attached) 6. Which good practises in Albania exist for regional development, does a replication of these practises and approaches make sense (with or without modification)? 7. How do existing regional development strategies and plans (such as EPTIZA) contribute to implementing the national cross cutting strategy (RDCS)? b) Links between decentralisation and regional development - Progress in decentralisation reform and in particular potential of scaling up DLDP (expert on decentralisation) (can be prepared by local experts (8,9), major questions to be asked by the international consultant at the mission will be formulated based on the prestudy) 8. What is the progress of the national decentralisation reform? What are major achievements and what are major challenges? What are the activities and lessons learnt of other donors in the field of decentralisation? 9 Where are the synergies, overlapping of the decentralisation reform with the national cross cutting strategy on regional development? What are major potentials? Where are major challenges, risks? What’s about activities linking regional development with decentralisation? Lessons learnt in particular with SNV Dibar model? 10. What is the role of DLDP in the overall decentralisation reform? 11. What is the role of SDC implemented DLDP programme in regional development? What is the potential of scaling up DLDP towards support to regional development? How to make use of the achievements of DLDP for a future support to regional development? 12. Any other experience from decentralisation reform (other projects, initiatives in the region/Albania …)? c) Short overview on major challenges and achievements of EU (pre-accession) regional development policies and implementation in two selected countries ( prestudy to be done by the international expert on regional development) 13. What are the legal background and the main objective of existing EU regional development policies which are relevant for Albania in the pre-accession period? What are the main challenges Albania is confronted with to cope with EU standards in this field? 14. What are the lessons learnt for regional development in the pre-accesion phases in two selectes member countires with comparable background (the Czech republic, Bulgaria or another Balkan state)? 15. what are the challenges and best practices of relevance for Albania’s reform process particularly for regional development in Northern Albania? d) Potential for a future joint programme of ADC and SDC 19. What are the priorities for and inNorthern Albania with regard to decentralisation and regional development? 20. In which areas should the future programme engage (considering the programmatic documents of Austria and Switzerland, the needs for external support and the existing and planned commitment of other donors)? Would a trust fund at qark level make sense? Feasibility Study, 23-2-2009 39 21. Which synergies (Risks) exist with ongoing activities and existing development plans. e) Future Programme components including geographic scope, approach and organisational setup. 22. What are major possible components proposed for a future programme? a. What are the goals and outcomes? b. What is the level of intervention? c. What is the type of intervention d. What are the possible partners? e. Geografic scope - The region for the intervention – Shkodra Qark? Lezha? Kukes? f. What are measurable indicators and criterias for evualtion of summittes project proposals? 23. Need for considering cross cutting issues (gender, poverty, environment, governance etc.): How can gender equality be promoted throughout the programme? 24. How can the programme explicitly reach out to the poor strata of society? 25. How could a future organisational set up of the programme look like? 26. Which financing mechanisms are appropriate (trust fund, budget support)? 27. How does a trust fund to be set up at Qark level fit into the ongoing implementation of the regional development strategy? 28. Organisation and implementation of the programme in view of H&A principles. (ownership, participation, use of country systems) ... Feasibility Study, 23-2-2009 40 Annex 2: Short Note on Decentralisation (Pre-Study by Dritan Shutina) I. Introduction This document is a desk review undertaken in the framework of a feasibility study commissioned jointly by Swiss Agency for Development and Cooperation (CDS) and Austrian Development Cooperation (ADC), for a Regional Development Program in Northern Albania. The desk review is undertaken in November 2008, prior to the preparation of the feasibility study and the respective recommendations by the mission team. This is not an exhaustive study and neither intends to make an evaluation of the progress of decentralization in Albania. It rather intends to provide to the team a general overview of the decentralization process and its relation to regional development, highlighting issues relevant to the feasibility study. More specifically the document aims: 1. To provide a general overview of the decentralization process in Albania; 2. To identify links between decentralization process and regional development; II. Local Government and Decentralization process in Albania Despite delays and different views on the progress and outcomes of the decentralization process there is an overall agreement that the decentralization process has been consensual and steady. Nowadays the overall regulatory framework is almost completed while the real transfer of function is still to be consolidated. The decentralization process has somehow entered the phase of consolidation, where Local Government Units (LGUs) need to apply variety of instruments to show the effectiveness of decentralization. Soon after the radical shift of the political and social-economic regime, in 1991 Albania started the process of government decentralization in all aspects: political, economic, fiscal and administrative. Decentralization was a consequence of the transition from centralized to market economy. While the rationale behind decentralization in early `90s was based mainly on political and administrative aspects, at a later phase decentralization aimed at increasing economic sustainability and achieving efficient allocation of resources and provision of services to citizens. So, this decentralization has been in two major stages. The first stage was within 1991-1998 and encompassed the shift from deconcentration to decentralization; establishment of the local government units (LGU) of the first level (municipalities and communes); stronger political decentralization versus weaker fiscal and functional decentralization and economic reforms. The European Charter of Local Government was adopted in 1998 and ratified in 1999. The second stage of decentralization started in 1999 and is currently in its final stage. The fiscal decentralization was initiated during 2002-2003 and it is still going on. In 1999 the National Strategy for Decentralization and Local Autonomy was launched and subsequently Law 8652, (31.7.2000) on "Organization and Functioning of the Local Government”16 was passed by the Parliament. This law introduced also the 16 Known as the Organic Law Feasibility Study, 23-2-2009 41 second (regional) LG tier: Counties17. The total number of LG units for both levels increased to 308 communes, 65 municipalities and 12 counties. Table 1: Population by County 2007 County Number of LGs Population Area KM2 Berat 25 238,516 1665.4 Diber 35 195,711 2373.1 Durres 16 393,557 704.7 Elbasan 50 431120 3251.2 Fier 42 484358 1739.5 Gjirokaster 32 162,144 2902.2 Korce 37 359,204 3503.2 Kukes 27 115,233 1514.4 Lezhe 21 210,993 2479.1 Shkoder 33 337,727 3184.2 Tirane 29 979,633 1645.9 Vlore 26 362,235 2719.5 Total 373 4,270,431 27682.4 Administratively, each county is composed by one major municipality and one or more smaller municipalities and several communes. Mayors and local councillors, who are elected through popular vote, head municipalities and communes. Regional councillors are chosen indirectly by the communal and municipal councils. Local officials are appointed by the mayors and approved by the local councils. The central government sets the parameters of policy and decentralization implementation through laws and rules that specify what local governments can do and cannot do. The Organic Law defines powers and functions of LGUs in Albania. Based on this law, LGUs have the right to deliver appropriate services at appropriate service levels, to raise revenues, and set expenditure priorities under their autonomous budget. LGUs, can also hold properties, use them for raising revenues, enter into contracts and keep their own accounts. The law is vague re the role of counties. It simply states that counties can develop and implement regional policies, coordinate national, regional and local policies and provide services assigned to communes and municipalities if agreed and required by the latter. The law also specifies the revenue raising powers for municipalities and communes, by defining local taxes, user charges and fees, the ability of LG units to borrow, as well as the intergovernmental transfer. However, the details about these revenue sources are provided by additional laws and by-laws passed after 2000. Based on the Organic Law, revenues for regions are raised through conditional and unconditional grants, fees and charges for services provided by regions (if any), taxing powers defined in subsequent laws, and provisions that are made by municipalities and communes` own budgets. 17 In Albanian: Qarku Feasibility Study, 23-2-2009 42 According to the Organic Low, there are three types of functions that can be performed by LGUs, namely: own (exclusive) functions, shared functions and delegated functions. While own and shared functions are specified in the law, delegated functions are mentioned as subject to central government decision and subsequent by-laws. The LG own functions encompass: Water supply, sewerage and storm water within residential areas Construction and maintenance of local roads and public spaces Public lightening and urban transportation Public cemeteries, green areas, recreation and sport activities Solid waste collection and city cleaning Urban planning, and local economic development Cultural and historical heritage Social services and administration of nurseries, elderly houses Few other activities re veterinary services, civic public order, etc. Shared functions encompass school and pre-university services, health care and social assistance, public order and environmental management and protection. The law is not very specific re the meaning of “sharing”, thus under the absence of proper legislation, shared services are mainly treated as delegated. Though the tendency of decentralization in Albania is towards devolution of services, in parallel, there is still deconcentration without authority. This is observed in the existence of prefectures (administrative central government entities operating in the region) and regional directorates of ministries (education, health, agriculture). Functions are assigned to LGUs in Albania according to Organic Law, which presumes subsidiary principle. Most of the own functions are already devolved; some still are in a process of transfer due to lack of specific legislation (i.e. urban planning), the ability of local government to manage services and upgrade poor systems (i.e. housing, water supply) and delays in the ownership transfer process (roads, water and sewerage). Revenue ability also plays an important role in delivering services or not. Thus, veterinary services in communes are often not delivered as sufficient resources are lacking. Public spending for water, wastewater and solid waste collection are directed almost exclusively towards operating and maintenance costs. So far, the utilities’ own financing through tariffs typically does not suffice to cover even these types of costs. The limits of the tariffs are mainly set by law. These tariffs are a determination factor for low current service levels, next to the management and institutional capacities of the enterprises. Currently, water and wastewater enterprises de jure are transferred to the LGUs, while de facto the process is till to be completed. During the next years, the Ministry of Economy Trade and Energy (METE) will work to transfer the property while shareholder companies will and their managing authorities will be in place. The transfer of responsibilities raises a number of difficult issues for LGUs. Water companies have been subsidized by central government. Once fully transferred, LGUs will still need again central subsidies to upgrade poor quality water systems and cover huge capital investments. “Shared” functions are another point of interest in LG expenditure responsibilities. So far LGUs have not participated in decisions concerning the allocation of local education expenditure. Lately, not only maintenance, but also responsibility on construction of facilities is being transferred to LGUs. This is expected to increase the accountability of LGUs towards citizens. Though curricula, employment of staff and Feasibility Study, 23-2-2009 43 standards are set by the ministry of education, still local residents are very willing to express their concerns re education to mayors. The situation is pretty similar for health care services. The main issue with shared services is that these are treated as delegated functions. Additional legislation is needed to define the shared services laying out the roles of LG and central government. Local services are financed by municipal budgets, composed by own revenues and the central government grant. The grant is composed by the conditional grant, the unconditional grant and the competitive grant. While the conditional grant is set exclusively by the central government ministries, the unconditional grant and the competitive grant are set upon formulas and criteria under a transparent and simple process. The unconditional grant constitutes about 50% of the LGs budget. The amount of unconditional grant to LGUs is unpredictable as it is subject to annual national budget negotiation and change of formula. There is a discussion underway, especially by the WB, to regulate the unconditional transfer by law thus making it more stable. At the same time, replacing cumbersome financing from line ministries, the competitive grant was introduced in 2006. The competitive grant allows LGs to finance small capital investment in regard to: (i) road, (ii) water supply, (iii) education and (iv) health. However, as there are more projects than finances (in 2007 there were only 200 projects financed out of 750), trying to satisfy demand, leads to high fragmentation of projects and partial financing. So, though the aim of these grants is to increase predictability of municipal budgets, promote equity and a better distribution of revenues they are not easily predictable. Prior to the passage of the Organic Law, almost all LG expenditures were based on decisions made by central government ministries (conditional transfers). With the implementation of the Organic Law, conditional transfers are used for the financing of “shared functions”. Furthermore, up to 2003 LGs were very much depended on central government transfers. Starting from 2003, a strong increase in local revenues can be observed, which is largely due to locally raised business taxes and the infrastructure impact tax on new constructions. Table 2: Local revenues over year The Organic Law defines the local taxes, fees and user charges while the local revenues` law adopted in 2006 provides for tax base, rates and collection. The Feasibility Study, 23-2-2009 44 revenue sources available to LGUs include: property taxes (buildings and agriculture land), property transfer tax, infrastructure impact tax, small business tax (SBT), simplified profits tax and vehicle tax. The tax and the minimal tax rates are set by law, while final definition of tax base and the rates for tax implementation is decided by the local council. The Ministry of Finances has provided instructions on how to administer different taxes. As of January 2007, LGUs` tax offices collect the SBT increasing sufficiently the collection ratio. However, the tax is meaningful for major urban centres and does not provide significant revenues for small and rural LGUs. On the other side LGUs, so far, have considered small business tax as their major source of revenue while it is known that this tax is not stable and predictable. Property tax is potentially major source of income that is not explored in full by LGUs. For 2007 the total collection constituted only 0.1% of GDP compared 0.7-1.5% in the region Tax base for property tax is the area in “square meter” of buildings and/or land, rather than the market value of the property. This has an advantage in terms of tax administration (still not a strong formal property market in Albania). However, in terms of revenue raising and equity matters is disadvantageous. There are two major reasons why LGUs have not yet explored in full this tax. First, there is not an up-todate properties` database and there is poor cooperation of LGUs with Immovable Property Registration Offices18. Second, differently than small business tax, it affects the entire population and many municipalities are reluctant to explore it in full to avoid perceived social problems. Seemingly, the tax on agriculture land is a potentially good source of income for rural LGUs, which is not explored at all. The main reasons for that is that LGs do not have proper databases and lack of formal land market. The tax on transfer of property rights is imposed when an immovable property is sold. This tax is collected by the IPROs when the transaction on the property is registered. IPROs act as a tax collection agent and receive 3% of the tax revenues. This makes collection easy, though there is the disadvantage of the underreported transaction price, as IPROs are mainly interested in the registration rather than tax collection process Simplified profit tax (SPT) and the vehicle tax can be considered shared taxes. These are collected by central government entities. The SPT tax is fully shared with local government while the vehicle tax has a uniform rate across the country. The infrastructure impact tax for new construction is collected when a new building permit is issued. The urban planning office at the LGU is the collection agent. While it is easy to be collected, there is the risk of underreported value of the new construction (the base of the tax) and it discourages builders to seek permits. Another source of financing for LGUs is now the borrowing. The law on “Local Borrowing” has entered in force in February 2008. The law foresees the application of short and long-term loans. Hence, by-laws providing regulations and instruction on local borrowing are in process. There are limitations related to the amount and the maturation time of a debt, which needs to fit on the national limits and the Ministry of Finance, plays an important role 18 IPRO –Immovable Property Registration Office – central government entity. Feasibility Study, 23-2-2009 45 overseeing and monitoring the whole process. It also can intervene in case of finical distress. Given that local borrowing is part of the national dept capacity the amount for LGUs will be always depended on central government needs. Currently the national dept is 55%of the GDP leaving only 5% from the limit 60%. The local governments can borrow up to 20% of their budget from unconditional transfer and local revenues. This opportunity is only recent and there are no data on good or bad practices. However, it looks that LGUs will need to improve their financial management systems to be reliable for commercial loans. III. Decentralization challenges As mentioned above, the overall consideration is that the decentralization process in Albania, despite delays, has not changed its course. However there are several problems and issues that are impacting the overall outcome of decentralization. The overall challenge LGUs face is that their performance should justify the purpose of decentralization. Under USAID LG Programme there are undertaken several surveys measuring citizen satisfaction on LG`s performance. Based on the data we cannot yet conclude that there is a solid increase of performance and that is spread throughout all LGUs. Being the front door for citizens’ problems, LGUs are caught between responding to immediate problems and strategic management to boost economic development. This requires strong leadership as well as skilful and well-educated staff, which most LGUs do not have. There has been donor support to assist LGUs in translating newly given competences into effective instruments. Hence, these practices are not uniform and spread throughout the country. In response to this, there were two priority actions in the strategy of decentralization which are still to be addressed: (i) the capacity development of LGUs staff and (ii) standardization of services. The Ministry of Interior has planned that standards for services will be in place within 2009 but it looks difficult that the deadline will be met as the process depends also by the line ministries. Under donor support influence different LGs have developed Strategic Plans or Local Economic Development Plans. At first, these were not fully understood and there was a bit of inflation of strategies, while there is a better appreciation now. Hence, the strategies are not linked to financial planning and management as well as translated into spatial planning. It is expected that by the next year, the Ministry of Finances will require by law all LGUs to prepare a medium (3 year) financial plan. Seemingly, a new urban planning law is under preparation. However, even in the big municipalities, urban management and territorial administration are very week. So far urban development has been driven only by the private initiative and LGUs have failed to provide regulations or play a proactive role in the benefit of public interest. The starting point of decentralization has been to bring the competences as close as possible to citizens (the lowest level of government) with the assumption that LGUs themselves will interact among them to address issues of common interest, thereby take care of inefficiencies of the process. So far that has not been the case. Reflecting the overall social mentality of individual control, LGUs are acting on the perceived individual interest with not much consideration of common interest. Mutual problems/conflicts related to urban planning and management, public transport, solid waste etc. are prevalent among different LGUs. In fact the inter-communal cooperation has been left too much on the individual will of LGUs and nor a guiding Feasibility Study, 23-2-2009 46 platform neither stimulating instruments have been provided by Central Government. i.e there has been almost no inter-communal project financed through competitive grant during 2007, while this could be a powerful instrument to stimulate cooperation. In line with the above, Capital Investment Planning and financing will be a critical issue for the future. This will be not only in terms of planning and management but also in regard to mobilizing financial resources to implement them. For example, cities of Fier, Lezhe, and Durres have only 1-2% of their budget to finance all projects identified in their Strategic Plans. Whatever, the performance of LGs will be they will be highly dependent on Government financing for major capital investment projects. LGUs can use borrowing to finance part of their capital investment projects. However only major urban areas and rich communes can really benefit. Hence, all LGUs will need to improve their financial management system and increase their credit worthiness to access commercial loans. At this point, it is also important that Central Government makes the unconditional transfer more predictable. To provide LGUs with additional resources, it was foreseen that within 2008 all public property would have been transferred to LGUs. That is not the case. The government is pressing hard to complete this process (while there is an underground discussion whether it is wise to transfer vital properties i.e pastures and forest to LGUs), but it will be still difficult to be completed. This process is faced with the overall property issue in the country that, among others has to do with the lack of proper information, overlapping of ownership and lack of coordination between different government agencies that provide or transfer ownership rights. On the other hand, though allowed by law, none of the LGUs plays an active role to acquire property in addition to the transfer process. To conclude, since 2000, decentralization has entered a new phase of progress in Albania focusing more on fiscal decentralization and efficiency of delivering services to citizens. Still there are some challenges ahead. The legal framework needs still to be completed with the respective regulations and by-laws (urban planning, local borrowing, etc.). The issue of unfunded mandated remains also of concern. The latest service transferred to LGUs is the legalization of informal settlements, which on the other hand has been completely covered by LG revenues. Taxing power need to be improved next to tax administration capacity. Inter-communal cooperation should also be promoted as a mean for providing efficiently more qualitative services to the citizen. IV. Decentralization and Regional Development Decentralization Strategy The revised Strategy of Decentralization makes recommendations that aim both to strengthen and consolidate decentralization and stimulate regional development. In this regard there are certain challenging aspects regarding the considerations revised by the strategy. Thus, the strategy defines that Albania should undergo through a territorial reform for decreasing regional disparities, increasing economic efficiency and stimulating economies of scale in service provision, and supporting regional development. This reform emphasizes the process of consolidation of the small local government units, mainly communes, and perhaps revision of the boundaries of the (regional) second tier local government units, the counties. Feasibility Study, 23-2-2009 47 On the other hand, the strategy recommends that a clear role should be allocated to counties, thus listing a number of specific responsibilities that can be better performed at a regional and efficient territorial and administrative scale. The allocation of these tasks remains however optional and can be also fulfilled through other institutional arrangements, i.e. inter-communal cooperation and/or deconcentrated bodies. By leaving the allocation of such services optional, it leads to continuous ambiguity on the role of counties. Further, in order to revise and strengthen the role of counties, it is suggested that counties` councils are directly elected. This would strengthen the role of counties, it would improve the current interdependencies between counties in one side and municipalities and communes in the other, it would improve the financial system for counties especially in terms of sources and most importantly it would increase the accountability of counties as local government units towards the citizens. Of course, the consideration for directly elected county councillors is very much supported by the councils of counties, but on the other hand, it is an issue that would impact the overall governance system in Albania, and as such should be taken into consideration very carefully. The strategy also underlines that 1st tier local government units should initiate local and regional development activities, thus leading to a bottom-up regional development approach. On the other hand, the crosscutting strategy for regional development clearly supports a top-down approach for regional development, which of course it is a good recommendation given the current development context in Albania. However, in an atmosphere of government decentralization going on, the two approaches should not be mutually exclusive and the national strategies should be better aligned re these recommendations. Further, the inter-communal cooperation is suggested as the way to reach efficiency gains and perform tasks that can be better implemented at regional scale. However, so far, the counties as ambiguous structures of regional development coordination have not been able to encourage local government units to undertake intercommunal cooperation, while LGUs have not felt any need for cooperation. On the contrary, while incentives and guiding platforms for inter-communal cooperation are missing, LGUs, especially big municipalities do not feel the need for regional and national coordination and guidance mediated by counties. Even the allocation of the competitive grant for capital investments is very fragmented and to date there are no cases of common applications. Feasibility Study, 23-2-2009 48 Annex 3: Compilation of the strategies most relevant for regional development (Pre-Study by Silvana Simaku) According to the Terms of Reference for a Joint Feasibility Study “On promoting regional development in Northern Albania” Swiss Cooperation and Austrian Cooperation are interested to explore potentials for a new programme in Northern Albania. For this purpose a team of four consultants (two international and two local) were charged inter alia with the task of assessing the challenges and potentials of the regional development in Northern Albania and elaborating the situation analysis. Analysis of the legal and institutional framework on regional development and its links with decentralization The territorial division of Albania is governed by Law No. 8652, approved in 2000 “On the organization and functioning of Local Governments” and Law 8653 in 2000 “On Administrative Territorial division”. This legislation divided the country into two levels: counties (qarks) and communes /municipalities. The counties represent a territorial administrative unit with an average population (in 2004) of 260,605. The counties are sub-divided into districts (but the latter ceased to be a normative sub-division of the country following the passage of the two laws described above). Role of Councils Regional The task of the Regions is first and foremost to develop and implement regional policies, Commune, municipality and county councils are the representative organs of the local governments. The communes and municipalities are formed by and their directly elected representatives, whilst the county council members are harmonization with elected from the commune and municipal councils within the county’s the national policies jurisdiction by their peers on those councils. The Mayors of the Municipalities at the regional level. and the Chairpersons of the Commune Council are ex officio members. Those functions are, County Councils have legal responsibility for planning and coordinating however, not actions of regional interest (regional development planning). However, clarified in the limited resource base (fiscal and human) and limited acceptance by both the Organic Law of commune/municipality and national level has meant that the county councils have yet to fulfil this role effectively. 2000. The Law is founded on principles guiding the functioning of local governments in a European context, i.e. the European Charter of Local Self-Government of 1985. This Charter stresses the importance of subsidiarity, i.e. a drive to leave decision-making to the lowest government level that is for all practical reasons possible. Furthermore, the European Charter on the Role of Regions, to which Albania is a signatory outlines the crucial role an intermediary government level can/should play in development planning. The Regional Council according to the Organic Law exercises a number of duties of a formal character, e.g. quotas for each commune and municipality, administrative structure and staff, internal control of the region, protects and guarantees the public interest on the regional level, etc. (Article 54). The central government as well as communes and municipalities can delegate functions to the regional level (Article 13 of Organic Law on Local Governments). But if the Regional Council is to develop and implement regional policies in line with national policies, a priority task is to take the responsibility to interpret on the one hand commune and municipal ambitions, on the other national overall goals (poverty eradication, macroeconomic stability, national unity, etc), formulate regional goals, and design a strategy of how to implement them. Feasibility Study, 23-2-2009 49 To some extent this has happened in 2005 as the Regional Councils were trusted with the allocation of funds for investments in the education and health sectors. But the regional council administrations were not prepared in advance to perform these tasks, thus the process did not result successful and the funds were again taken back by the central government one year after. Regional dimension of Government Program 2005-2009 In the Government Program for the period 2005-2009, a number of priority issues have a geographical dimension, i.e. they touch upon the economic and social development of the regions. Some of the Government ambitions are to be implemented through line ministries and other Government agencies and authorities, others through the municipalities, communes and regions. Furthermore, the private sector in the form of NGOs, the business community as well as the donor community are expected to play active roles. The overall ambition of the Government is the reduction of poverty “through high economic growth that will include every region and citizen of the country”. As regards the role of local governments the Government Program points out a number of issues of considerable importance. First, local governments will have great freedom to set own taxes and fees. Furthermore, the Government will increase the transfer of money to local governments 3-4 times. Secondly, the transfer of property to local governments will be speeded up, for instance of water systems, land, roads, local public companies and social and cultural buildings. Thirdly, the decentralization strategy as regards shared functions will be implemented in education, health, environment, housing, social services, public order and road traffic. This is part of the Government strategy aiming at “narrowing existing regional disparities”. Fourth, local government border changes will only be considered if the purpose is to attain progress and good governance. However, if such initiatives are taken, the process will be inclusive and characterized by openness. Fifth, the Government will promote an integrated rural and mountain area development strategy. Such strategies will comprise improvement of public infrastructure, environment protection, soft loans and supported by “regional oriented territory and administrative reforms”. Sixth, it is a Government policy that local ownership of rural resources like forests, land and pastures as well as waters is encouraged. Summarizing, the Government Program 2005-2009 explicitly spells out the need for a better regional balance, and indicates that a better coordination of local and regional sector policies and development work is necessary. Fast economic growth will have to include every region and citizen in the country. The economic resources for local governments will be greatly increased, and the administrative set-up will be clarified and streamlined as the decentralization strategy including local responsibility for infrastructure, housing, education and health, etc. is vigorously implemented. Feasibility Study, 23-2-2009 50 National, sector and cross cutting strategies Up to the end of 2007, out of 35 sectorial and crosscutting strategies drafted in the framework of the NSDI, 12 of them are approved by the Decision of the Council of Ministers, 13 are in place and 10 are underway. Those strategies have identified the sectorial and crosscutting policies’ priorities and strategic objectives to be achieved, focusing on the commitments for the European Integration, as well as monitoring indicators for the policies’ implementation and an estimation of their respective costs. The National Strategy for Development and Integration 2007-2013 represents the fundamental strategic document of the sustainable social and economic development of the country, combined with the agenda of the integration in the EU and NATO structures, and the implementation of the Millennium Development Goals. Inter-sectoral Rural Development Strategy of Albania (ISRDSA) (2007-2013) The Inter-sectoral Rural Development Strategy of Albania (ISRDSA) constitutes a national strategy plan for rural development of Albania. The priorities of the rural development policy laid down in this strategy have been set up in accordance with the European Community priorities on rural development policy. The document is designed in compliance with the baselines set out in Article 11 of the Council Regulation (EC) No.1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD). The NSP is prepared in compliance with the Community strategic guidelines and the broader Community strategic guidelines for sustainable use of resources (Council decision of Gőtteborg) and the enhancement of economic growth and job creation (Lisbon Strategy). The Albanian National Inter-sectoral Rural Development Strategy covers a time frame of 7 years, commencing on January 1st 2007. The year 2007 will be used to adopt the operational program for rural development, which will be prepared based in this strategy. The implementation of some activities will also start in 2007, either on a pilot basis or as regular measures. After the end of the first year of the implementation the strategy, the operational program will be reviewed and adopted accordingly. The main pillars of rural development for Albania are i) sustainable increase of farm income (50% of the budget is dedicated to this strategic objective); ii) sustainable management of natural resources including forestry, pastures and water (10% of total budget); and iii) creation of new job opportunities and better quality of life through diversification and improved rural infrastructure (40% of total budget). These three pillars are equivalent to the three main axes formulated in the EU Rural Development Regulation and in EU support schemes for accession and pre-accession countries. These priorities will contribute to the reduction of poverty. The Albanian strategy also follows EU practice in identifying a fourth axis, that of locally based community development planning, with a reserved budget and integrated into the design of activities in the other axes. Within each pillar, a number of measures are defined. Albania already dedicates yearly about 7 billion leks ( around 57 million Euro) to rural development out of a total public investment of about 40 billion leks (around 326 million Euro). Current expenditure is dominated by farm and infrastructure investment. Feasibility Study, 23-2-2009 51 In addition to the main pillars described above, the rural development strategy also includes education, health, economic development and rural infrastructure development not covered by local sources. The rural coverage of activities foreseen in this strategy will be monitored using a system of ‘rural proofing’, similar to that developed in EU member states. Each of the key ministries involved (notably Education, Health, Economy and Transport) is required to submit a regular annual ‘rural proofing’ report which presents their programmes in rural areas, compared with urban programmes, including evidence about expenditure per capita. Based on the NSP, an Operational Programme of Rural Development for the whole territory of Albania will be prepared. The implementation of the rural development policy will be in the mid-term period carried out by the Rural Payment Agency of Albania which will be organised as an independent institution under the umbrella of the MAFCP with the support of different Government agencies at different levels. The implementation of the rural development policy after 2007 will introduce the LEADER Approach as an instrument for decentralized governance and integrated rural development. In the pre-accession period, MAFCP will build on existing experience with LEADER style development, from MADA, ADF and local planning activities. Support from the various donors will expand and replicate these initiatives and projects all aiming at the creation of capacity for implementing the LEADER Approach. In common with EU practice, all rural development funding should have a community-based dimension. In addition, a further 5% of rural development funds will be allocated exclusively for projects that use communitybased rural development practices for small projects. Sector Strategy of Agriculture and Food (SSAF) 2007 - 2013 Strategic priorities To increase the financial support for farms, agricultural and agro-processing businesses To improve the management, irrigation, and drainage of agricultural land To improve the marketing of agricultural and agro-processing products To increase the level and quality of technologies, information, and knowledge of farmers and agro-processors To increase the quality and food safety of agricultural and agro-processing products Strategic goals Sustained management of land, as a basic component for the sound agricultural development and completely in compliance with that Increase of employment, incomes, and farmers’ and their families’ life level Increase of agricultural and agro-processing sector’s economic efficiency that is expressed through productivity enhancement and a higher quality of their products Guaranteeing a higher food safety standard for all the population Improvement of the agricultural marketing The new policy concept Improve the participatory character of the policy-making process in all its steps: identification, drafting, approval, implementation, monitoring and evaluation. Feasibility Study, 23-2-2009 52 Ensuring the continuity of policy circle, by avoiding pauses and fractures; so that, agriculture support is secured and continuous. Higher focus on the direct support in order to enable ‘the hit’ in critical points, in the direct developing factors, such as technology (for agriculture production enhancement and improvement of its quality). Making obligatory and standardized monitoring and evaluation phase, in order to identify and evaluate effects of the policies and programs, as a condition not only for increasing commitment of policy management, but also to allow for higher effectiveness of development actions. Achievements or effects of development policies should be measured against SMART indicators. More attention for demand-oriented policies, and agriculture trade policies. In the future, a special focus should be dedicated to policies aiming at consumer’s demand management, based on effectiveness it proved in other countries, and in some cases in our country, too. Integration of Millennium Development Objectives. Albania has officially agreed them, especially the objective of poverty reduction. This objective although not explicit, is implicitly reflected in above-mentioned principles for the new agriculture policy objective to increase productivity and employment in rural areas. The SSAF is mainly an economic development strategy, but not limited there. Employment and income increase is also an essential part of the SSAF. National strategy on gender Equality and domestic violence 20072010 The Strategy looks at and addresses two major issues: Gender Equality and Prevention of Domestic Violence. Strategy aims: - Achieving gender equality in Albania through mainstreaming the gender perspective into all aspects of policies developed and applied. This means equal participation by women and men in the social, economic and political life of the country, with equal opportunities for them to enjoy all rights and to place their individual potential at the service of society; - Improving protection, performance of the judiciary system and support for victims of domestic violence, and focusing more specifically on prevention by attacking the root causes of domestic violence and abuse. Strategy vision The country’s economic and social growth and the development and application of appropriate policies to achieve gender equality will serve as a premise for designing gender equality-related goals, and men and women’s equal access to decisionmaking at a central and local level, in the areas of education, health care, employment, public services and prevention of domestic violence. The main goal concerns incorporation of gender issues into public policies through concrete, detailed and budgeted action plans, which help lay the foundation for advancing gender equality and to minimise the phenomenon of domestic violence in Feasibility Study, 23-2-2009 53 the future on the basis of international recommendations and instruments, while referring to concrete conditions in Albania. Strategic Priorities Reinforcing the protective legal and institutional mechanisms so as ensure gender equality in Albania. Empowering women through their increased participation in decision-making. Ensuring women’s economic empowerment and their increased opportunities for employment and vocational training. Promoting women’s equal access to quality education. Improving the social situation of women at risk by enhancing their access to quality social services. Improving population health by boosting the health system’s response to specific health needs of men and women. National Cross-Cutting Strategy of Decentralization and Local Governance Decentralisation Strategy 2008 aims at improving effective, participative, democratic, transparent governance, respecting subsidiarity, EU integration through: Re-thinking territorial division, election mode, financing and competences at qark level, still focusing on regional planning and coordination; Developing an integrated financial framework for LG; Developing legal framework for shared functions with line ministries; Developing and implementing standards for local services; Developing technical guidance and building local capacity. II. Regional Development Cross-cutting Strategy (RDCS) The RDCS, approved by the CoM No. 773 dated November 14, 2007, envisions regional development in a balanced and sustainable socioeconomic growth among the regions of Albania, in general, and of mountainous and peripheral areas, in particular, in order to support a fast development of the whole country and accelerate the integration processes into the EU and NATO” The Government of Albania has identified the need for an integrated, coherent regional policy based on its growing concern over the widening gaps in socioeconomic performance and fortunes between different parts of the country. The Strategic Planning Committee at the Council of Ministers has sanctioned the formulation of a Regional Development Cross-cutting Strategy (RDCS) and has designated the Ministry of Economy to lead its preparation. This cross-cutting regional development strategy has undergone a full and extensive consultation process with the Government’s partners. A further document – the Action Plan for the RDCS - sets the actions and timeframe for the implementation of the strategy. Regional Development in Albania Feasibility Study, 23-2-2009 54 Regional development is horizontal by nature, since it intersects with many other sectors. Thus, an effective implementation of the RDCS would require very close cooperation and synchrony of actions taken in the framework of other sector and cross-sector strategies which have a say in local development, in addition to the required flexibility for the RDCS to adapt to institutional changes necessary to meet the EU practices and policy instruments on regional development. The regional development level of counties is monitored through the index of the socio- economic development which is calculated on the basis of some indicators. This index of poverty of counties is compared to the national average in %. The inequality between counties is clearly indicated where the counties of lower development are Dibra, Kukësi, Lezha and Shkodra, where the poverty level is below the national average. This indicator is calculated on the basis of several indicators: (i) the indicator of the poverty level above the national average in percentage; (ii) the level of the county’s unemployment in relation to the national average in percentage; (iii) the revenues of the local government above the national average in percentage; (iv) the opportunity of the supply with Regional disparity is present in an extreme form in Albania: water above the Poverty is 66% higher in rural areas than in Tirana and 50% higher in rural areas than in other major urban centres. Tirana has a GDP index of 0.772 national average in and compared to a mere 0.252 for mountainous areas and a Human percentage; (v) the Development Index (HDI) of 0.830 as against the mountain area HDI score number of health of 0.632. The disparities are extreme: for example, the unemployment rate examinations in Kukës is over 3 times higher than in Tirana, the poverty head county above the national ration in Kukës is over twice that in Vlorë, etc. average in Internal migration is resulting from such massive internal disparities: between 2005 and 2006 alone the population of Tirana percentage; (vi) increased by 137,000 and that of Durrës by 45,000 whilst Dibër’s the level of population shrank by 43,000 (a 23% reduction in the county’s population) compulsory and Kukës by 30,000 (a staggering 27% reduction in the county’s education in population) relation to the The measurement of disadvantage at district level indicates that regional disparity is unequally distributed even within qarks. The same national average in pattern of unequally distribution is shown at commune level – within the percentage. district – demonstrating that there exist disadvantaged communes even within less disadvantaged counties. The two RDCS has strategic objectives and programmes: Strengthening the development capacity of qarks across the country to utilise and manage their development potential: the National Programme for the Development of Qarks. Supporting the disadvantaged areas to contribute to sustainable national development and competitiveness: the Disadvantaged Areas Development Programme. The National Programme for the Development of Counties (NPDC) The NPDC introduces a set of new elements into regional policy of Albania: A single policy framework for the socio-economic development of counties, taking into account their specific development needs; A new partnership between national, county municipal and commune stakeholders – the County Partnership Council; Feasibility Study, 23-2-2009 55 A single socio-economic development programming document for the county – the county development strategy - and a single local agency to coordinate its implementation – the County Development Agency. The concept of “county development agreement”: an agreed multi-annual strategic, operational and financial plan setting out central government support for development priorities in each of the counties; Effective monitoring, evaluation and reporting systems. Disadvantaged Areas Development Programme (DADP) The second instrument of the Strategy is the Disadvantaged Areas Development Programme (DADP), aiming at eliminating the disparities between disadvantaged areas and the Albanian average by enabling national, regional and local actors to make a collaborative effort to maximize the development potential of those areas. Its key features are: A standardised basis for defining regional disadvantage through use of an agreed model of the level of socio-economic development; The designation of disadvantaged areas for a period of 5 years; Assessment of disadvantage is made on the values of an index of level of socioeconomic development. This will be based upon the weighted calculation of several indices. According to these indices (weighted) the counties can be divided in 5 categories (Ist and II nd beign designated as disadvantaged counties), while communes and municipalities in 6 categories (Ist and IInd being designated as disadvantaged ones) . A Government Plan for the Development of the Disadvantaged Areas and the allocation of a special budget line for the Development of Disadvantaged Areas in order to operate special support schemes for both disadvantaged qarks and disadvantaged communes and municipalities. This Government plan will address disadvantage at two separate levels: counties and communes/municipalities (within a certain county). Support for the counties will take the form of a “top up” provided by the Government from the budget for the Disadvantaged Areas Development Programme budget in exchange for an agreement from line ministries in the areas of economic development, human resource development and infrastructure. Support for the communes/municipalities will take the form of a “top up” provided by METE from the budget for the Disadvantaged Areas Development Programme budget in exchange for an agreement from counties to implement agreed elements of their CDS which will favour the catching up of disadvantaged municipalities/communes of the county. Strategic objective 2: is aimed at setting in place an efficient management framework for regional development. Feasibility Study, 23-2-2009 56 Strategic Objective 2 will be achieved through the promulgation of the Law on Regional Development and associated secondary legislation and the development of the necessary institutional structures to manage its regional policy. The Law on Regional Development is drafted. Its third draft is currently available. The draft law regulates the goals and principles with respect to the management of Regional Development in the RoA. Only once there is political consensus on the exact manner in which the strategy should be implemented, on the institutional structures and the financing requirements should the Law be enacted. The RDSC specifies the following institutional framework for Regional Development : National Partnership Council for Regional Development (NPCRD) County partnerships Councils Department for Integrated Regional Development (Ministry of Economy, Trade and Energy) County Development Agency The NPCRD is a national-level advisory body composed of the representatives of the public (central state administration, county councils, municipalities and communes), private and civil sectors and will be established in accordance with the Law on Regional Development. Ad hoc partnership council has been established to monitor the implementation of the Action Plan for the RDCS and the formulation of the Law on Regional Development. The Action Plan for piloting the Regional Development Cross Cutting Strategy is primarily a task-oriented document which will comprises two phases: • Phase 1 (2008-2009): outlines the steps needed to be taken in order to pilot the RDCS, establish the legislative and institutional framework, and to prepare Phase 2 of the Action Plan. • Phase 2 (2010-2011): will address the first two years of full implementation of the approved RDCS. Each phase of the action plan will provide a checklist of necessary tasks to be performed. General objectives of the Action Plan – Phase 1 (2008-2009) By the end of 2009 the following results will be achieved by this Action Plan: • The two major programmes (National Programme for the Development of Counties and the Disadvantaged Areas Development Programme) will have been piloted in a limited number of counties. • The draft Law on Regional Development will have been prepared, been the subject of extensive consultations and have been submitted to legislators. • Secondary legislation will have been prepared and be ready for further action when the Law on Regional Development has been passed. • The Department for Integrated Regional Development will have been established within the Ministry of Economy, Trade and Energy and will be capable of managing and coordinating the implementation of RDCS. Reporting on the Action Plan 2008-2009 The Action Plan – Phase 1 (2008-2009) focuses on the actions and tasks that are in domain of the METE. For this reason its implementation will be managed by the Feasibility Study, 23-2-2009 57 METE itself, which will summarize the results achieved in Action Plan six-monthly progress reports. These reports will be circulated regularly to the interim, ad hoc National Partnership Council for Regional Development (until the full NPCRD is set up through legislation/regulation). The Action Plan final report will be prepared at the end of implementation and submitted to the National Partnership Council for Regional Development. On the basis of self-evaluation and in consultation with relevant stakeholders, the new Action Plan for the period 2010-2011 will be elaborated. III. Interventions from other donors in relation to Regional Development UNDP-EU funded Project “Integrated support to decentralization” intends to assist Albanian government to prepare the necessary institutional and legislative frameworks for managing IPA component 3 on regional development through establishing the necessary coordination and cooperation mechanisms at the central level. In addition, the Project will expand in a number of selected qarks with the aim of supporting local governments establish appropriate decision-making and technical structures to make effective use of decentralized authority and resources in synchrony with national policies and plans. Local infrastructure support will serve to test the system and consolidate it for further eventual IPA funding and later structural funds. The Project will be focused on the Central level for a period of 18 months and only after that will be expanded in some Qarks. The overall duration will be 38 months. The assistance involves a considerable component of technical assistance, since the approach is innovative for Albania and its public administration. Another major component will be that of local infrastructure works in selected qarks to support and test the systems of participative decision making and integrated local planning. It is expected that by the end of the Project, necessary central management structures for regional development will be in place, Albania would have developed various NUTS 2 statistical country sub-divisions and chosen the optimal one for negotiation and the local infrastructure component would have contributed in the rehabilitation of about 10 large infrastructure works of joint benefit to several local government units. The Austrian Development Cooperation is engaged in a programme supporting Regional Development in the Qark of Shkodra, through stimulating socio-economic development and economic growth by attracting more public and private investments. The programme consists in a series of outcomes related to (i) Capacity improvement within the qark administration, (ii) establishment of a Basket Fund for investments in infrastructure and environmental projects, and (ii) other support for implementing the qark strategy. This programme will last until 2011. In addition, the donor is involved in the Shkodra cross border programme focusing on the establishment of a trilateral park in the cross-border region between Albania, Montenegro and Kosovo. Austria is also heavily involved in water infrastructure projects throughout the region. The European Commission envisages providing substantial support in the improvement of national and sub-national statistics through mainly two programmes targeting INSTAT. The first ongoing programme - Support to the regional offices of INSTAT for data collection and adoption of the Acquis Communautaire – aims at improving capacities of statistical regional offices to enable systematic data Feasibility Study, 23-2-2009 58 collection, entry and analysis for a core set of indicators. This programme will be extended into a new phase in 2009 to further support the move towards compatibility of Albanian regional breakdowns with those of the EU Member States. INSTAT, has recently published statistical indicators by region, but further regional disaggregation is still required and therefore further capacity building is needed to address this issue . The other programme - Support for alignment of Albanian Statistics with EU standards – aims to produce GDP figures and improve the coverage and timelines of national accounts aggregates in line with Eurostat standards. This will be realized through ensuring the complete coverage of all economic units operating in the country by (i) improving the quality of the different variables of enterprises, (ii) ensuring the registration of all small units, (iii) avoiding duplicated enterprises in the register, (iv) improving the business register by cleaning it from sleeping enterprises, (v) establishment of a Farm Register, and (vi) making use the Farm Register for conducting Agricultural Surveys. The German Cooperation - GTZ – besides its involvement in the water infrastructure sector is also active in supporting Regional Development in the Regions of Shkodra & Lezha with regards to: (i) planning processes - preliminary development plans and moderation of planning processes among stakeholders, (ii) concrete measures – pilot projects of assistance to Thethi Tourism and Producers’ Groups in the rural area and Industrial Zone, Handicrafts Market and Shkodra Lake in the urban area, (iii) networking – through establishment of one local action group (LAG) for regional/rural development and training measures on regional development. GTZ is following closely developments on the area of regional development and stands ready to provide support in coordination among various levels. In different donor coordination meetings on decentralization and regional development GTZ has stated its readiness to support negotiation processes with line ministries for the adoption and operationalization of the RDCS, support institutional setting for regional development at the qark level, which are all strong points to exploit. OSCE is also active in local capacity building through a Local Government Leadership Benchmark Programme in partnership with the Council of Europe. Their programme aims to: (i) provide capacity building assistance to local governments in the areas of effective leadership, strategic planning and management in the provision of public services and community participation in local decisionmaking, (ii) support implementation of the Decentralization Strategy and Regional Reform (with CoE), and (iii) Support implementation of public participation aspects of the Aarhus and Espoo Conventions. Parts of this programme are still in the shaping. The SNV and the Dutch Government provide extensive support to Diber qark through a specific programme Support to Diber Qark. The overall objective of this programme is to promote sustainable development and strengthen local government structures in the Qark. A Trust Fund has been established and is administered by Qark authorities, while capacity building services are provided by SNV. In addition, Dutch Government provides assistance to local governments in other parts of the territory with the main programmes being: Tirana Regulatory Plan - Local Governance – Municipality of Tirana/MPWTT – supporting the Municipality of Tirana to develop a Regulatory Plan, which will analyze the current land uses, demographic situations and the capacity of existing and planned infrastructure; Enabling Good Urban Governance (consolidation phase), etc. Feasibility Study, 23-2-2009 59 The Swedish Cooperation – Sida - is involved in a three years programme (20052009) focusing on Institutional Strengthening of the Albanian Association of Communes. The project aims to: (i) Provide physical facilities and running cost for the AAC for 3 years, (ii) Assist them in developing their strategic and communication plans, (iii) establish democratic and participatory processes within AAC, (iv) conduct training needs assessment for the mayors, (v) deliver training and capacity building for the members, and (vi) strengthen representation and advocacy on behalf of the AAC in the national policy-making arenas. This programme, although ending in Feb 2009 is likely to have a possibility of extension into a new phase. The Swiss Cooperation is currently implementing a Decentralization and Local Development programme in Shkodra, focused on five key activities (i) Local strategic as well as territorial management & planning, (ii) Municipal/Communal public services provision and management support to improve the functioning of the local Councils, (iii) Municipal/Communal financial management, (iv) Participation of civil society in public decision making processes, and (v)Inter-municipal and communal exchange and cooperation. This programme will last until December 2009 and therefore would provide first hand experience and lessons learnt to succeeding Projects. In addition, in partnership with SNV, UNDP is implementing a joint Country Engagement Plan AA4 which aims at facilitating effective and meaningful participation of a broad range of stakeholders in the implementation of the Integrated Planning System (IPS) in Albania. The specific objectives of this initiative are: (i) to support the Department for Strategy and Donor Coordination (DSDC) in managing and facilitating the participatory and consultative process required for the preparation of sectoral and cross-sectoral strategies, (ii) support the government in conceptualizing and implementing a long-term regional development policy, and(iii) strengthen capacities of regional government structures and their association to conduct meaningful consultations with the Government. This programme was running during 2008 and will end by December. UNDP is also envisaging being involved in a Cross Border Programme for Kukes Region focusing in (i) supporting and building local capacities for entrepreneurship and local business development, (ii) promoting cultural and tourist values of the region and (iii) supporting small scale financing for the rehabilitation of tourist, environment and cultural sites or landscapes. EPTISA Regional Plan For Shkodra & Lezha Eptisa Plan provides a comprehensive definition on Regional Plan trying to make it compatible with the European Spatial Developing Perspective. Vision Statement of Eptisa Plan for Shkodra & Lezha regions is to attract maximum inward investment (and local investment,) so as to create the largest achievable number of jobs of the highest quality. This will be done in a sustainable way, tackling the obstacles to such investment, and making the region as competitive as possible. The main message of the plan is this: that significant private investment will never begin in the absence of a functioning land market and that such a land market is impossible without a functioning planning system. This is more a political challenge than a technical one. Feasibility Study, 23-2-2009 60 The plan develops goals and objectives on seven themes : Settlement and market scale, land, Access, Physical Infrastructure, Social Infrastructure, Environment, Economic Development Indicators defined to measure the achievement of goals and objectives are based on a system of interlinked database: Immovable Property Rights, Population, Development Land, Access, Physical Infrastructure, Social Infrastructure, Environment, Economic Development. The budget for all themes is forecasted. Eptisa Plan also foresees the establishment of a kind of management & coordination office which will manage the overall process in the North Albania region. Along with this office it is suggested the establishment of some other organizations for the implementation of the plan. IV. Future needs for donor support in Regional Development. Main challenges for donors One of the major development challenges Albania has identified relates to the lack of tradition and proper policies for regional development and the current state of extreme regional disparities. This situation is exacerbated by the transition economic decline and the internal demographic changes, which have emptied and neglected considerable areas of the territory in favour of development concentration in the larger urban areas. The strategic documents approved and in force actually in Albania do not have a clear and solid definition of what is the scope of the regional policy. A common understanding of all stakeholders should be reached. In addition, beyond management at the central level, regional development occurs naturally in the regions and is being implemented by the different levels of local government. In this context, a major influence (not necessary negative) resides in the progress and course of the decentralization reforms - especially with respect to administrative and territorial reform and the scope of regional government – which is another daunting task for the Government to achieve. Capacities of regional level are almost in a sufficient number but not qualified and skilled for the tasks the regions are going to perform. Feasibility Study, 23-2-2009 61 Annex 4: Information about available IPA funds (by Zdenek Vyborny) Instrument for Pre-Accession Assistance (IPA) The Instrument for Pre-Accession Assistance (IPA) offers rationalised assistance to countries aspiring to join the EU for the period 2007-2013 on the basis of the lessons learnt from previous external assistance and preaccession instruments. The IPA is the Community's financial instrument for the pre-accession process. Assistance is provided on the basis of the European Partnerships of the potential candidate countries and the Accession Partnerships of the candidate countries, which means the Western Balkan countries and Turkey. The former Yugoslav Republic of Macedonia, Croatia and Turkey fall into candidate countries. Albania falls into potential candidate countries (with Bosnia and Herzegovina, Montenegro, Serbia and Kosovo). EU hasn’t set yet an approximate date of changing this status to status of the candidate country. A preliminary presumption of the date is the end of the contemporary EU planning period. The IPA is intended as a flexible instrument and therefore provides assistance which depends on the progress made by the beneficiary countries and their needs as shown in the Commission's evaluations and annual strategy papers. IPA’s main aim is to support institution-building and the rule of law, human rights, including the fundamental freedoms, minority rights, gender equality and non-discrimination, both administrative and economic reforms, economic and social development, reconciliation and reconstruction, and regional and cross-border cooperation. To ensure targeted, effective and coherent action, the IPA is made up of five components, each covering priorities defined according to the needs of the beneficiary countries. Two components concern all beneficiary countries: the "support for transition and institution-building" component, aimed at financing capacity-building and institution-building; the "cross-border cooperation" component, aimed at supporting the beneficiary countries in the area of cross-border cooperation between themselves, with the Member States or within the framework of cross-border or inter-regional actions. The other three components are aimed at candidate countries only: the "regional development" component, the "human resources development" component and the "rural development" component. The management of funds granted under this Regulation complies with the general management conditions for Community funds set out in Regulation (EC, Euratom) No 1605/2002, which the Commission is responsible for implementing (management, Feasibility Study, 23-2-2009 62 monitoring, evaluation, reporting). Such management must also comply strictly with the rules on the protection of the Community's financial interests. In this context the Commission and the Court of Auditors have the power of audit over all contractors and subcontractors, on the basis of documents and on the spot, ex ante and ex post. The Commission is also assisted by committees. The purpose of the IPA Committee set up by the Regulation is to ensure coordination and coherence between assistance granted under the different components. The application of the IPA is also subject to a suspension clause, which applies to all beneficiary countries that fail to comply with the principles of democracy, the rule of law, human rights and minority rights, and the commitments contained in the partnership (accession partnership or European partnership) or that fail to make sufficient progress towards fulfillment of accession criteria or, for the Western Balkan countries, towards the reform process. The Multi-annual Indicative Planning Document (MIPD) 2007 - 2009 is the key strategic planning document for assistance to Albania under the IPA. The needs assessment points to a number of priorities which need to be addressed with EU financial assistance. These priorities will be summarized under the headings Political Requirements, Socio-Economic Requirements, European Standards and Cross-Border Co-operation. In order to improve Albania's capacity to make rapid progress towards the EU, continued efforts remain necessary to increase the effectiveness of its executive and legislative bodies. The relevant institutions should have sufficient capacity to meet European standards, including for implementation and enforcement. This situation will be taken into account in project selection. Decentralised management is a long term objective of IPA. Given the current conditions for financial execution in Albania, full decentralisation will not be sought under the MIPD 2007- 2009. Nonetheless, pre-accession assistance in this period will support the country's preparation for decentralised management of EU assistance through capacity building of relevant administrative departments and institutions, including internal control and audit. Based on the above mentioned needs, the pre-accession assistance should focus on: - improving governance and the rule of law, particularly in the public administration, judiciary and police - supporting economic development and enhancing social cohesion - adopting the acquis and building capacity for transposing, implementing and enforcing the acquis - strengthening of ties with neighbouring countries and EU Member States Furthermore, the following cross cutting issues will have to be reflected in all activities programmed under IPA: Feasibility Study, 23-2-2009 63 • Civil Society is understood as including employers' organisations, trade unions and local government associations as well as non governmental organisations. • Environmental impact assessment is compulsory concerning proposals for new infrastructure investments projects. • Equal opportunities and non-discrimination will be respected as regards gender and minorities at the programming and implementation stages, particularly in relation to socio-economic support programmes. • Furthermore minority and vulnerable groups' concerns will be reflected in all activities programmed under IPA, in particular where public services, legislative matters and socio-economic development are concerned. Main priorities: • Support to the political system in order to improve the electoral system and regulatory functions of the Parliament. • Support to the Civil Society in order to promote the creation of a genuine partnership between authorities and Civil Society in the democratic stabilisation and the economic and social development of the country. • Support the improvement of the Media Sector to develop an independent, high duality public service broadcasting system and a regulatory environment in line with European standards. • Contributing to the Reform of the Public Administration in order to obtain a reformed, streamlined, harmonised, effective, transparent and service oriented public administration, capable of leading Albania through the Stabilisation and Association Process. • Support to the Police Reform to assist Albania to gain a police force which is operating in an efficient and sustainable structure, capable of fulfilling its role in the enforcement of the Rule of Law. • Support to the Reform of the Judicial System with the overall strategic objective of an independent, reliable and efficient functioning judiciary that guarantees the rule of law. • Support to the vulnerable groups (minorities - including Roma, women, children, handicapped) to overcome their vulnerable and economic fragile situation and to protect them against discrimination. Support to victims of trafficking. Programmes to be implemented (e.g.): • Improving the electoral process through the support to the address system and civil registry. • Capacity building for civil society organisations and municipalities, and the definition of systems and channels of permanent communication and transparent procedures between civil society and government. • Support in the reform, strategy development, adoption and implementation of the laws regulating the media and in form of technical assistance to the Broadcasting Authority. Feasibility Study, 23-2-2009 64 Support to activities of NGOs and the media community in the drafting and establishment of a self-regulation system. • Implementation of the Public Administration reform, modernisation and streamlining of the entire public administration through institution and capacity building and reform of the human resources management, at both central and local level. Support to the Civil Service Commission. Support to local governments and administrative and fiscal decentralisation. • Institution and capacity building for bodies offering social services, including social inclusion of vulnerable groups and minorities, trafficked persons. IPA CBC Albania – Montenegro (Multi-annual Indicative Planning Document – MIPD, 2007 - 2009) It is designed following the principles underlined in IPA implementing rules and provision established in the IPA regulation. This CB programme will be implemented during the period 2007 – 2013. Eligible area: Shkoder Region, Kukes Region (cca 6 000 km², 337 000 inhabitants). Gaps, disparities and potentials: strengths: tourism sector, natural resources, strengthening of SME’s – to be attractive for FDI, weaknesses: high unemployment, strong migration flows, marginalization, social hardship, youth emigration, Overall strategic objective: Promote cooperation between people, communities and institutions on the bordering areas, aiming sustainable development, stability and prosperity in the mutual interests of citizens of the two countries. Specific objectives: a) economic development (valorization of tourist and cultural potentials, b) ecosystems and sustainable environmental development, c) citizens cooperation and partnership building, d) strengthen capacities to manage CB programme, e) programme information and improving capacities of beneficiaries to prepare and implement projects, f) provide technical expertise for external programme evaluations. Feasibility Study, 23-2-2009 65 Measures and indicative actions: Re-building or up-grading of small tourism infrastructure - e.g. walking paths, cycle routes, equipping visitor centres, information points, networking tourism centres. Beneficiaries: LGU’s, professional associations, chambers of commerce, national and local institutions, education and research institutions, vocational training centres, SME’s, labour offices, NGO’s, Public enterprises. Indicators: 1) objective verifiable, 2) result, 3) impact. Specifications on size of projects, other requirements and selection criteria will be detailed in the “Call for Proposals” and “Guide for Applicants”. Total budget (2007 – 2009): 2,886 MEUR (community funding 85 % - 2,453, national funding 15 % - 0,433). Organisational structures: A. MEI (Unit for Regional Cooperation) B. Contracting authority: Delegation of the European Commission C. Joint Monitoring Committee D. Joint Technical Secretariat (Shkodra) Feasibility Study, 23-2-2009 66 Annex 5: List of interviewees Ferdinand Poni, Deputy Minister MoI, and his team, Tirana Albert Gajo, Deputy Minister MEI, and Patris Kraja, MEI, Tirana Thoma Rusha, Head of Progonosis and Regional Development Sector, METE, Tirana Oriana Arapi, Nevila Xhindi, Migena Dako, DSDC/Prime Minister’s Office, Tirana Shkelzen Marku, Executive Director MADA, Tirana Naim Gazidede, Head of Qark, and his team, Peshkopi Ilir Krosi, Mayor, Peshkopi Head of commune, Zerqan Shefqet Bruka, Head of Regional Council, and his team, Kukes Hasan Halilaj, Mayor, Kukes Giovalin Kolombi, Head of Regional Council, and his team, Shkodra Maxhid Cungo, Prefect Shkodra Ridvan Troshani, Deputy Mayor, Shkodra Arben Gjura, Head of Commune, Dajc Agron Haxhimali, Albanian Association of Communes, Tirana Fatos Hodaj, Albnaina Association of Municipalities, Tirana Llazar Korra, EU-Delegation Tirana Nori Shimomura, Country Director, and Vladimir Malkaj, UNDP Tirana Darcie Nielsen, OSCE Tirana David Smith, Local Governance Program in Albania (USAID), Tirana Ismail Beka, Deputy Country Director, and Roland Cela, GTZ Tirana Greta Minxhozi, the World Bank, Tirana Christine Arab, UNIFEM Tirana Beata Oleksy, OSCE Kukes Valbona Karakaci, Hilmar Stetter and team, DLDP Shkodra Hetona Myteveli, Sharon Hanson-Cooper, SNV, Tirana Greg Booth, Lindita Manga, SNV Peshkopi Sotirq Hroni, Erisa Cela, Institute of Democratisation and Mediation, Tirana Mark Rupa, … Sokol Bushgjokaj, Quendra Mjedisore Valbona, Tirana Feasibility Study, 23-2-2009 Klaudia Darragjati, Technical Director, TEULEDA Women NGO in Peshkopi Women NGO in Kukes 67