Cambodia
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
"Section 29 A political party shall be prohibited from receiving contributions in any form from foreign institutions, foreign companies, foreigners or those organisations which has foreign financing source." Source: Section 29 paragraph two, Political Parties Law, 2017 (Unofficial translation by the researcher) |
2. Is there a ban on donations from foreign interests to candidates? |
Code
No data
|
3. Is there a ban on corporate donations to political parties? |
Code
No
Source
"Section 27 Shall be considered as finances of a political party, those incomes which are from: 4- Donation from Khmer private enterprises or Khmer generous persons;" Source: Section 27 4-, Political Parties Law, 1997 |
4. Is there a ban on corporate donations to candidates? |
Code
No data
|
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Comment
Trade unions could be interpreted as "association" in the provision. Source
"Section 29 A political party shall be prohibited from receiving contributions in any form from the state's institution, non-governmental organisation, association, public enterprises, public foundation, and public institute except in those cases as stated in Section 28 of this law." Source: Section 29 paragraph one, Political Parties Law, 2017 (Unofficial translation by the researcher) |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Comment
Trade unions could be interpreted as "associations" in the provision. Source
"Section 84 Local non-governmental organization or association and international association or organization performing works in the Kingdom of Cambodia shall not do any activity, directly or indirectly, as follows: - Providing means in budget, materials or equipment, human resource or other means to support a political party or a candidate, including:
Source: Section 84 paragraph two sub-paragraph three, Law on the Election of the Members of the National Assembly, 2015 |
7. Is there a ban on anonymous donations to political parties? |
Code
No
Source
"Section 27 Shall be considered as finances of a political party, those incomes which are from: 1- Contributions or fixed levies from members; 2- Incomes of the political party which comes from lawful business activities; 3- State’s budget as stated in the Section 28 of this law; 4- Donation from Khmer private enterprises or Khmer generous persons; 5- Political party’s own assets. Section 29 A political party shall be prohibited from receiving contributions in any form from the state's institution, non-governmental organisation, association, public enterprises, public foundation, and public institute except in those cases as stated in Section 28 of this law. A political party shall be prohibited from receiving contributions in any form from foreign institutions, foreign companies, foreigners or those organisations which has foreign financing source." Source: Sections 27, 29, Political Parties Law, 2017 (Unofficial translation by the researcher) |
8. Is there a ban on anonymous donations to candidates? |
Code
No
Source
"Section 84 Local non-governmental organization or association and international association or organization performing works in the Kingdom of Cambodia shall not do any activity, directly or indirectly, as follows: - Providing means in budget, materials or equipment, human resource or other means to support a political party or a candidate, including:
Source: Section 84 paragraph two sub-paragraph three, Law on the Election of the Members of the National Assembly, 2015 |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Source
"Section 27 Shall be considered as finances of a political party, those incomes which are from: 4- Donation from Khmer private enterprises or Khmer generous persons;" Source: Section 27 4-, Political Parties Law, 1997 |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Source
"Section 84 Local non-governmental organization or association and international association or organization performing works in the Kingdom of Cambodia shall not do any activity, directly or indirectly, as follows: - Providing means in budget, materials or equipment, human resource or other means to support a political party or a candidate, including:
Source: Section 84 paragraph two sub-paragraph three, Law on the Election of the Members of the National Assembly, 2015 |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No
Source
"Section 27 Shall be considered as finances of a political party, those incomes which are from: 4- Donation from Khmer private enterprises or Khmer generous persons;" Source: Section 27 4-, Political Parties Law, 1997 |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
Source
"Section 84 Local non-governmental organization or association and international association or organization performing works in the Kingdom of Cambodia shall not do any activity, directly or indirectly, as follows: - Providing means in budget, materials or equipment, human resource or other means to support a political party or a candidate, including:
Source: Section 84 paragraph two sub-paragraph three, Law on the Election of the Members of the National Assembly, 2015 |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
"Section 81 The use of budget, materials, equipment and means of transportation that belong to the State to carry out campaign activities for any political party or candidate, and the use of means of transportation belong to the State to bring voters to the polling stations shall be prohibited. Section 79 It is prohibited from using finance, materials and mean of transports, which are the State property to conduct the electoral campaign for any political party, candidate, or individual and use the transports, which are the State property to transport voters to the polling stations." Source: Section 81 paragraph one, Law on the Election of Members of the National Assembly, 2015 and Section 79, Law on the Election of Commune/Sangkat Councils, 2015 |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
Source
Source: Political Parties Law, 1997, 2017 |
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
Not applicable
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No
Source
Source: Political Parties Law, 1997, 2017 |
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
No
Source
Source: Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune-Sangkat Councils, 2015 |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Not applicable
|
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
Source
Source: Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune-Sangkat Councils, 2015 |
21. Is there a limit on in-kind donations to political parties? |
Code
No
Source
"Section 27 Shall be considered as finances of a political party, those incomes which are from: 1- Contributions or fixed levies from members; 2- Incomes of the political party which comes from lawful business activities; 3- State’s budget as stated in the Section 28 of this law; 4- Donation from Khmer private enterprises or Khmer generous persons; 5- Political party’s own assets." Source: Section 27, Political Parties Law, 1997 |
22. Is there a limit on in-kind donations to candidates? |
Code
No
Source
Source: Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune-Sangkat Councils, 2015 |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
Source
"Section 27 Shall be considered as finances of a political party, those incomes which are from: 2- Incomes of the political party which comes from lawful business activities; 4- Donation from Khmer private enterprises or Khmer generous persons; 5- Political party’s own assets." Source: Section 27 2- 4- 5-, Political Parties Law, 1997 |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Source
Source: Political Parties Law, 1997, 2017 |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Source
Source: Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune-Sangkat Councils, 2015 |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Source
Source: Public Procurement Law, 2012 |
27. Are there provisions requiring donations to go through the banking system? |
Code
No
Comment
Only required the political party to record the income and expenses through a bank account Source
"Section 90 All contributions received by the political party shall be deposited in a bank account and all expenses for electoral campaign shall be debited from the same account." Source: Section 90, Law on the Election of Members of the National Assembly, 2015 |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, in relation to campaigns
Source
"Section 28 The State could allocate the national budget of equal amounts to all political parties, for a purpose of using only in the campaign for election of Representatives of the people (members of parliament)." Source: Section 28 paragraph one, Political Parties Law, 1997 |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Source
"Section 28 Any political party which fails to receive 3% (three percent) of the total of valid ballots of the whole country or which fails to gain one (1) seat in the Parliament, shall, within a period of 3 months from the date of proclamation of the election final result, pay back such above allocated budget in full amount to the State." Source: Section 28 paragraph two, Political Parties Law, 1997 |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Equal
Source
"Section 28 The State could allocate the national budget of equal amounts to all political parties, for a purpose of using only in the campaign for election of Representatives of the people (members of parliament)." Source: Section 28 paragraph one, Political Parties Law, 1997 |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No
Source
Source: Political Parties Law, 1997, 2017 |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
Upon the request of the National Election Committee, free of charge, for the purpose of publicizing the work related to the election and educating voters. Source
"Section 75 All media outlets, including the state-run press, television and radio, shall publish and broadcast all information upon the request of the National Election Committee, free of charge, for the purpose of publicizing the work related to the election and educating voters. Section 77 State newspapers, radios and televisions shall broadcast all information as requested by the National Election Committee free of charge to disseminate the election progress and management of voters' education." Source: Section 75, Law on the Election of Members of the National Assembly, 2015 and Section 77 paragraph one, Law on the Election of Commune-Sangkat Councils, 2015 |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Comment
Other = First come, First serve basis Source
"Section 76 The National Election Committee shall take measures to publicize the campaign texts and messages at the request of the political parties that have registered for running in the election based on the principle of equality and in order of “first come first serve”. Section 77 The National Election Committee shall take measures to broadcast the propaganda articles upon the request of political parties, which have been registered to run the election in accordance with the principle of equality and in time order." Source: Section 76, Law on the Election of Members of the National Assembly, 2015 and Section 77 paragraph two, Law on the Election of Commune-Sangkat Councils, 2015 |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
Comment
Only for political parties having registered for running in the election Source
"Section 76 The National Election Committee shall take measures to publicize the campaign texts and messages at the request of the political parties that have registered for running in the election based on the principle of equality and in order of “first come first serve”. Section 77 The National Election Committee shall take measures to broadcast the propaganda articles upon the request of political parties, which have been registered to run the election in accordance with the principle of equality and in time order." Source: Section 76, Law on the Election of Members of the National Assembly, 2015 and Section 77 paragraph two, Law on the Election of Commune-Sangkat Councils, 2015 |
35. Are there provisions for any other form of indirect public funding? |
Code
No
Source
Source: Political Parties Law, 1997, 2017, Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune-Sangkat Councils, 2015 |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
Source
Source: Political Parties Law, 1997, 2017 |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
Source
Source: Political Parties Law, 1997, 2017 |
| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
Source
"Section 71 All political parties, candidates or supporters shall not threaten, intimidate and entice anyone to affix thumbprint, swear or promise to vote for any political party. All political parties, candidates or representatives shall not make donations in cash or in kind as incentives, by any means or in any form, to institutions, organizations or any person to buy votes. Section 71 All political parties, candidates or supporters shall not threaten, intimidate and persuade any individual to affix thumbprint or swear or promise to vote for any political party. All political parties, candidates or representatives shall not provide a gift in the form of finance or materials as a reward regardless of any means or forms for an institution, organization or individual in order to buy the heart of voters." Source: Section 71 paragraph four and five, Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune/Sangkat Councils, 2015 |
39. Are there limits on the amount a political party can spend? |
Code
No
Source
Source: Political Parties Law, 1997, 2017, Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune-Sangkat Councils, 2015 |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
|
41. Are there limits on the amount a candidate can spend? |
Code
No
Source
Source: Political Parties Law, 1997, 2017, Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune-Sangkat Councils, 2015 |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not applicable
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Source
Source: Political Parties Law, 1997, 2017, Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune-Sangkat Councils, 2015 |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
Source
Source: Political Parties Law, 1997, 2017, Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune-Sangkat Councils, 2015 |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Source
Source: Political Parties Law, 1997, 2017, Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune-Sangkat Councils, 2015 |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
Source
Source: Political Parties Law, 1997, 2017, Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune-Sangkat Councils, 2015 |
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Annually Source
"Section 31 Registered political parties shall respectively send reports to the Ministry of Interior and Ministry of Economy and Finance before the 31st of December of every year. The reports shall be signed by the political party’s president or treasurer." Source: Section 31 paragraph one, Political Parties Law, 1997 |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
The political party shall be ready for any investigation required by the National Election Committee. Source
"Section 88 All expenses for the electoral campaign incurred by each political party and each candidate shall be covered by that political party or candidate [as its own expenses]. Section 89 Every political party that has registered to run in the election shall have an account book to record the incomes, the source of income and the expenses for the electoral campaign. Section 91 The National Election Committee may examine the account book of the political party registered to run in the election if necessary." Source: Sections 88-89, 91, Law on the Election of Members of the National Assembly, 2015 |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
"Section 88 All expenses for the electoral campaign incurred by each political party and each candidate shall be covered by that political party or candidate [as its own expenses]. Section 89 Every political party that has registered to run in the election shall have an account book to record the incomes, the source of income and the expenses for the electoral campaign." Source: Sections 88-89, Law on the Election of Members of the National Assembly, 2015 |
50. Do third parties have to report on election campaign finances? |
Code
No
Source
"Section 88 All expenses for the electoral campaign incurred by each political party and each candidate shall be covered by that political party or candidate [as its own expenses]. Section 89 Every political party that has registered to run in the election shall have an account book to record the incomes, the source of income and the expenses for the electoral campaign." Source: Sections 88-89, Law on the Election of Members of the National Assembly, 2015 |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
No
Source
Source: Political Parties Law, 1997, 2017, Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune-Sangkat Councils, 2015 |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
No
Source
Source: Political Parties Law, 1997, 2017, Law on the Election of Members of the National Assembly, 2015 and Law on the Election of Commune-Sangkat Councils, 2015 |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
"Section 31 This report shall contain the following contents and documents: 1- Main activities of the Political Party; 2- A balance sheet stating of incomes and expenses for the year by category. Such balance sheet shall be prepared by the political party’s accountants; 3- Statement of bank accounts of the political party; 4- Statement of all the assets, including ownership properties or business outcomes and liabilities of the political party." Source: Section 31 paragraph two, Political Parties Law, 1997 |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
"Section 31 This report shall contain the following contents and documents: 1- Main activities of the Political Party; 2- A balance sheet stating of incomes and expenses for the year by category. Such balance sheet shall be prepared by the political party’s accountants; 3- Statement of bank accounts of the political party; 4- Statement of all the assets, including ownership properties or business outcomes and liabilities of the political party." Source: Section 31 paragraph two, Political Parties Law, 1997 |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Ministry
Comment
Ministry of Economic and Finance Source
"Section 31 Registered political parties shall respectively send reports to the Ministry of Interior and Ministry of Economy and Finance before the 31st of December of every year. The reports shall be signed by the political party’s president or treasurer." Source: Section 31 paragraph one, Political Parties Law, 1997 |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
Ministry of Economic and Finance Source
"Section 91 The National Election Committee may examine the account book of the political party registered to run in the election if necessary. Section 32 The Ministry of Economic and Finance shall be responsible in examining the financial statements specified in paragraphs 2, 3, 4 of the Section 31 of this law." Source: Section 91, Law on the Election of Members of the National Assembly, 2015 and Section 32, Poltical Parties Law, 1997 |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Carry out investigation
Impose sanctions
Comment
Refer for investigation = File a complaint to the Supreme Court Source
"Section 38 All political parties shall respect the constitution, the law on political parties and other laws currently in force in the Kingdom of Cambodia. The Ministry of Interior may take the following measures against any political party which has acted in contradiction to the constitution, law on political parties and other laws currently in force in the Kingdom of Cambodia:
Section 39 A fine in cash of 5,000,000 (five million riel) KMR will be imposed by the Ministry of Interior on any political party which has violated Section 31 of this law. In case of repeated violation, the fine will be double and the Ministry of Interior may decide to suspend the activities of that political party temporarily within a specific timeframe. Section 40 A political party that has violated Section 29 of this law shall be fined in cash by the Ministry of Interior in the amount of 20,000,000 (twenty million riel) KMR. In case of receipt of a contribution by a political party in violation of Section 29 of this law that exceed 20,000,000 (twenty million riel) KMR, the fine will be twice the amount of the contribution. The Ministry of Interior may decide to suspend the activities of that political party temporarily within a specific time-frame. In case of repeated violation, the fine will be twice the previous fine and Ministry of Interior may file a complaint to the Supreme Court to dissolve that political party. Section 91 The National Election Committee may examine the account book of the political party registered to run in the election if necessary." Source: Sections 38-41, Political Parties Law, 2017 (Unofficial translation by the researcher) and Section 91, Law on the Election of Members of the National Assembly, 2015 |
58. What sanctions are provided for political finance infractions? |
Code
Source
"Section 39 A fine in cash of 5,000,000 KHR (five million riel) will be imposed by the Ministry of Interior on any political party which has violated Section 31 of this law. In case of repeated violation, the fine will be double and the Ministry of Interior may decide to suspend the activities of that political party temporarily within a specific timeframe. Section 40 A political party that has violated Section 29 of this law shall be fined in cash by the Ministry of Interior in the amount of 20,000,000 KHR (twenty million riel). In case of receipt of a contribution by a political party in violation of Section 29 of this law that exceed 20,000,000 KHR (twenty million riel), the fine will be twice the amount of the contribution. The Ministry of Interior may decide to suspend the activities of that political party temporarily within a specific time-frame. In case of repeated violation, the fine will be twice the previous fine and Ministry of Interior may file a complaint to the Supreme Court to dissolve that political party." Source: Sections 39-40, Political Parties Law, 2017 (Unofficial translation by the researcher) |
