Afghanistan
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
article 35: The people of Afghanistan shall have the right in accordance with the provision of the law, to form political parties provided that:4. They shall not be affiliated with foreign political parties or resources. Code of Conduct for Political Parties and Coalitions: 28. Avoid accepting cash or in kind contribution from foreign or illegal internal sources http://www.iec.org.af/pdf/code_of_conduct/english/candidates_code_of_conduct.pdf Source
the Afghanistan Constitution, January 3, 2004 |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
article 77: (3) The candidates referred to in clause (1) of this article may not accept or receive financial assistances from foreign citizens or states and/or diplomatic missions of the foreign countries based in Afghanistan. Source
Electoral Law(25 September 2016 |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
article 15: political parties may receive income from the following sources: (b)donation by legal persons up to two million Afghani per year. There is no clear law on corporations donation to political parties. limit of donation to legal person indicates a ban on corporation donation to political parties, but any kind of foreign donations to political parties is a ban. Source
Political parties law:article 15 http://www.iec.org.af/pdf/legalframework/law/politicalparties_law.pdf |
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
Article 4: Source
Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections ://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No data
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
Campaign Contributions: Article 4: Source
http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf |
7. Is there a ban on anonymous donations to political parties? |
Code
No
|
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
http://www.iec.org.af/2012-06-22-04-25-18/campaign-finances Yes, but record need to be presented to the Independent Electoral Commission (IEC). "During candidate nomination, each candidate provides the IEC with information about all assets worth above a designated amount. Contributions to candidates’ campaigns may be received during the campaign period, however only Afghan citizens, political parties and other domestic legal and non-governmental entities may contribute. |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
|
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No data
|
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No data
|
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No data
|
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
Article 10: Source
Election Law 2016 Date:25th SEPTEMBER .2016 |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for legal persons
Comment
Article 15 Source
Political Parties Law - Official Gazette No. 812, published 2003/10/18 (1382/07/26 A.P.) http://www.asianlii.org/af/legis/laws/pplogn812p2003101813820726a461/ |
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
Donations by legal persons up to two million Afghani per year
Source
Political Parties Law - Official Gazette No. 812, published 2003/10/18 (1382/07/26 A.P.) http://www.asianlii.org/af/legis/laws/pplogn812p2003101813820726a461/ |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No data
|
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
Not applicable
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
(Contributions to candidates’ campaigns may be received during the campaign period, however only Afghan citizens, political parties and other domestic legal and non-governmental entities may contribute.) http://www.iec.org.af/2012-06-22-04-25-18/campaign-finances |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
50,000 Afghani [around USD 700)by natural persons and also the same amount by legal persons
Source
http://www.iec.org.af/2012-06-22-04-25-18/campaign-finances |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
Yes, specific limit for candidates
Comment
Article 77: Source
Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf |
21. Is there a limit on in-kind donations to political parties? |
Code
No
Comment
"During the nomination process, each candidate provides the IEC with information on all assets above a certain value. Campaign Assistance, Candidates can receive assistance during the campaign period, although only Afghan nationals, political parties, and other domestic and non-governmental legal entities can provide assistance. Assistance can include cash, loans, movable and immovable property, services and facilities. The amount of financial assistance by the citizens and legal entities is limited." Source
Independent Election Commission Of Afghanistan: |
22. Is there a limit on in-kind donations to candidates? |
Code
No
Comment
During candidate nomination, each candidate provides the IEC with information about all assets worth above a designated amount. Contributions to candidates’ campaigns may be received during the campaign period, however only Afghan citizens, political parties and other domestic legal and non-governmental entities may contribute. Contributions may include money, loans, movable and immovable properties, services and facilities. The amount of financial contributions is limited for citizens and legal entities Source
http://www.iec.org.af/2012-06-22-04-25-18/campaign-finances |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No data
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
Article 15 Source
Political Parties Law - Official Gazette No. 812, published 2003/10/18 (1382/07/26 A.P.) http://www.asianlii.org/af/legis/laws/pplogn812p2003101813820726a461/ |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
Contributions to candidates’ campaigns may be received during the campaign period, however only Afghan citizens, political parties and other domestic legal and non-governmental entities may contribute. Contributions may include money, loans, movable and immovable properties, services and facilities. The amount of financial contributions is limited for citizens and legal entities. Source
http://www.iec.org.af/2012-06-22-04-25-18/campaign-finances |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No data
|
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
This provision is related only to presidential candidates Source
Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
No public funding available
Comment
(public funding could be supplied,but there is no provision that such funds will be provided) Source
Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Not applicable
|
30. What is the allocation calculation for political parties to receive public funding? |
Code
Not applicable
|
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Not applicable
|
32. Are there provisions for free or subsidized access to media for political parties? |
Code
No
|
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Not applicable
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
3. The state-owned media are to the extent possible, obliged, to set the stage for free of charge broadcasting/publishing campaign messages, manifestos, goals and platforms of all candidates equally and with taking into consideration the electoral timeline. Source
Regulation on Media Activities During Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_media_acitivities_eng.pdf |
35. Are there provisions for any other form of indirect public funding? |
Code
No
|
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Not applicable
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
Article 99: below acts are considered as electoral crime: 15. Buying and selling vote Source
Electoral law 2016, article 99 |
39. Are there limits on the amount a political party can spend? |
Code
No data
|
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
No data
|
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
Article 3: Limits of electoral expenses during electoral campaigns are as follows: Source
Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
10000000 Afghani for presidential candidates 500000 Afghani for provincial council candidates
Source
Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf Year of data: 2018 |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
Yes, spending limit exists
Comment
Article 4: Source
Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No data
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No data
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No data
|
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Only their income, but no further detail on reporting Source
Law on Political Parties(Date: 6th |
48. Do political parties have to report on their election campaign finances? |
Code
No
|
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
The candidates for the elected seats shall be obliged to accurately report to the Commission on their funding sources and limits and areas of expenses in their electoral campaigns Source
Article 77 (Election Law, Date:25th SEPTEMBER .2016) |
50. Do third parties have to report on election campaign finances? |
Code
No
Comment
only candidates have to provide financial report |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
Article 11. The Commission shall establish a database in order to process campaign finance reports and to be available for the public access. Source
Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
Article 9: 2. If the contributions for a presidential candidate are less than 20000 Afghani, a general report of all contributions along with a copy of the logbook for recording the contributions which are less than 20000 Afghani shall be submitted. donor identity only revealed if contributions are over 20,000 Afghanis [around $ 3,00]to Presidential candidates. Source
Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
Source
Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
Source
http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
Independent Election Commission (IEC) Source
http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Comment
Independent Election Commission (IEC) Source
http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Other
Comment
Article 98, Election Law, date:25th SEPTEMBER .2016
|
58. What sanctions are provided for political finance infractions? |
Code
Comment
The perpetrator of crimes mentioned in sections (5, 6, 7 and 8) shall be sentenced to mid-term imprisonment of up to three years. Source
Article 99, Election Law, date:25th SEPTEMBER .2016 |