Republic of The Congo (Brazzaville)
2016
Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
|
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
Yes
|
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
No
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
In the law, there is no mention of donations from Trade Unions to political parties or candidates.
|
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
No direct ban, but de facto ban through requirement to record or report identity of donor.
|
8. Is there a ban on anonymous donations to candidates? |
Code
No data
|
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
|
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
|
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No
|
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
|
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
Public institutions must not engage in campaigns and civil servants must not distribute campaign materials during office hours
|
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 natural persons
Source
Article 33, Paragraph 2 'The donations, bequests and gifts can not exceed a thousand times the minimum inter-professional salary guaranteed, by donation per year per person or entity.' (Source: Loi No. 21-2006 du 21 Aout 2006 sur les Partis Politiques) |
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
Annual limit is 1,000 times the minimum inter-professional salary guaranteed (per person or entity)
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No
Comment
No limits specifically for election campaigns. Annual limits apply. Source
|
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 data
|
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
No data
|
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
|
21. Is there a limit on in-kind donations to political parties? |
|
22. Is there a limit on in-kind donations to candidates? |
|
23. Is there a ban on political parties engaging in commercial activities? |
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
|
25. Is there a ban on candidates taking loans in relation to election campaigns? |
|
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
|
27. Are there provisions requiring donations to go through the banking system? |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
|
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
3 categories of political parties are eligible for the direct funding:
- parties which have representation in the parliament, - parties not represented in parliament but have obtained 5% of the total votes cast, - parties not represented in parliament; which have not obtained 5% of the total votes cast but have candidates elected in more than the half of the departmental councils. |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Unknown Comment
Proportional, but not specified in relation to what.
|
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No
|
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
|
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
|
35. Are there provisions for any other form of indirect public funding? |
Code
Presidential candidates who obtain at least 15% of votes are entitled to 'protection and benefits'
Comment
Presidential candidates who obtain at least 15% of votes are entitled to 'protection and benefits'
|
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
Comment
The provision of public direct funding to political parties is not related to gender equality among candidates.
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
Comment
Though the paragraph 3 of the article 8 of the Political Act stipulates that political parties must ensure the promotion and the representation of women at all political, elective and administrative functions, there is no financial advantages to encourage gender equality in political parties. |
| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
|
39. Are there limits on the amount a political party can spend? |
Code
No
|
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
|
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? |
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
|
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
No
|
50. Do third parties have to report on election campaign finances? |
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
No
|
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
|
53. Must reports from political parties and/or candidates include information on itemized income? |
|
54. Must reports from political parties and/or candidates include information on itemized spending? |
|
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Ministry
Comment
Ministry of Territorial Administration
|
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
No institution specified
|
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
|
58. What sanctions are provided for political finance infractions? |
Code
Comment
Political finance infractions like vote buying can lead to the cancellation of the election. There is also disciplinary sanctions for administrative authorities who participate in election propaganda.
|
