Tirana, May 6, 2020

 

OPEN LETTER

 

ADDRESSED TO THE MINISTER OF EDUCATION, SPORTS AND YOUTH

Mrs. Besa Shahini

 

Dear Madam Minister,  

 

Following the official communication, most recently with the letter no. 1551/1 dated May 4, 2020 (Click here) by which I have asked you to review Order No. 99, dated 26.3.2020 "For some changes in Order No. 8, dated 14.01.2020 "On the electoral process for authorities and leading bodies in institutions public higher education", listing the indisputable reasons for this request, based on certain articles of the Higher Education Law 80/2015 and the Regulation "For the organization of elections for governing authorities and the Academic Senate at the University of Tirana”, approved by Decision No. 5, dated 10.02.2020 of the UT Academic Senate, but, especially taking into account a significant number of acts issued by the Government, the Assembly of Albania, or the Ministry of Health and Social Protection, in the conditions of the announcement of the natural disaster and the pandemic, caused by Covid 19, in which our country is, I am addressing you with this open letter.

In fact, I was full of hope that immediately (neither the letter nor my request should have been necessary for you to do this), you would announce the amendment of Order No. 99 dated 26.03.2020 and the postponement of the start of the election process (which according to your guide no. 99 dated 26.03.2020, is May 11, 2020) and the date of the elections (June 12, 2020), for the authorities and governing bodies in public higher education institutions.

Without forgetting the other very important fact that your Order No. 99 dated 26.03.2020 is also unenforceable due to another Order issued by you, namely Order No. 104 dated 30.04.2020 "For taking measures to close the year academic 2019-2020 from higher education institutions, due to of the state of disaster natural disasters caused by the COVID-19 pandemic”, with which you ordered when and which students will appear in the auditoriums, so, in other words, you ordered which students can or should participate in the elections and exercise the right to vote, or the right to to be elected, and who else should not have this right.

In fact, the right to be elected and to vote has been given to students by the Higher Education Law 80/2015 and the Elections Regulation, designating them as one of the two electoral bodies in public institutions of higher education. to elect the rector and the dean; or even their representatives in the Academic Senate, and to adequately represent them in this collegial body.

Without wanting to go on and show concretely in this open letter the legal and by-law arguments, which were all presented in the last letter no. 1551/1 dated May 4, 2020, what I want to emphasize once again is the fact that, not changing Order no. 99 dated 26.03.2020, you are excluding over 15 thousand students of the University of Tirana from the electoral process and their legal right to vote and be elected.

Your order no. 99 dated 26.03.2020, in this period, contradicts the acts issued in the context of the pandemic, such as:

• Law no. 15/2016, "For the prevention and fight against infections and infectious diseases";

• Decision no. 342 dated 25.04.2020 of the Council of Ministers "For a change in Decision no. 243 dated 24.03.2020 of the Council of Ministers "For declaring a state of natural disaster", with which, the state of natural disaster in the country has been postponed until 23.06.2020.

• Order no. 260 dated 01.04.2020 of the Minister of Health and Social Welfare "For an amendment to Order No. 190 dated 19.03.2020 "On the suspension of the activity of public and non-public educational institutions and nurseries to limit the spread of the Covid 2019 infection", which ordered the closure of educational institutions until the end of the epidemic situation caused by the Covid 19 infection.

In relation to all of the above, with letter no. 1556 dated 04.05.2020, I have asked the Minister of Health and Social Welfare to express his official position.

I am still waiting for this position. I really hope that the reaction or attitude of the Minister of Health and Social Welfare will be in unison with all the efforts and what has been done in these two months, for the successful management of the situation caused by the Covid 19 virus in our country.

 

Madam Minister,

As I asked you in letter no. 1551/1 dated May 4, 2020, I am publicly asking you once again to amend Order no. 99 dated March 26.03.2020, XNUMX, for the postponement of the election process and the date of elections for authorities and bodies leaders in public institutions of higher education in the country, until the repeal of the Decision of the Council of Ministers on the declaration of a natural disaster in the country, as well as the orders of the Ministry of Health and Social Welfare.