Guinea

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • Comment
  • Source

    Art 24 'Gifts and legacies from foreign public or private persons are prohibited and void.'

    Source Organic Law  L / 91/002 of 23 December 1991

2. Is there a ban on donations from foreign interests to candidates?
  • CodeNo
  • Comment
  • Source
3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment
  • Source
4. Is there a ban on corporate donations to candidates?
  • CodeNo
  • Comment
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5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
  • Comment
  • Source
6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo
  • Comment
  • Source
7. Is there a ban on anonymous donations to political parties?
  • CodeYes
  • Comment
  • Source

    Art 23: 'Gifts, legacies received by the parties must be declared to the Ministry of the Interior with indication of the donors, the nature and value of the goods received.'

    Source Organic Law  L / 91/002 of 23 December 1991

8. Is there a ban on anonymous donations to candidates?
  • CodeNo data
  • Comment
  • Source
9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
  • Comment
  • Source
10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
  • Comment
  • Source
11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeNo
  • Comment
  • Source
12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNo
  • Comment
  • Source
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment
  • Source

    Article 53 'Is prohibited and may be punished, by action of the Prosecution, the penalties for trading in influence (...) Use for the same purposes of goods and means of an institution or a public agency and the State in general (...)'

    Source: Loi organique N0 91/012/ du 22 avril 2010

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeNo
  • Comment
  • Source
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?
  • CodeNot applicable
  • Comment
  • Source
16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment
  • 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?
  • CodeNot applicable
  • Comment
  • Source
18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
  • Comment
  • Source
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment
  • Source
21. Is there a limit on in-kind donations to political parties?
  • CodeYes
  • Comment
  • Source

     

    Article 24: The amount of all donations and legacies from Guinean nationals may not exceed 20% of the total amount of the party's own resources, consisting of membership fees, income from activities and any aid of State.

    Source Organic Law  L / 91/002 of 23 December 1991

22. Is there a limit on in-kind donations to candidates?
  • CodeNo
  • Comment
  • Source

    Electoral code 2007

23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
  • Comment
  • Source

    Article 22: The resources of political parties result:
    - membership fees;
    - donations and legacies;
    - income from their activities;

    Source Organic Law  L / 91/002 of 23 December 1991

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    Electoral code 2007 and Source Organic Law  L / 91/002 of 23 December 1991

25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    Electoral code 2007 and Source Organic Law  L / 91/002 of 23 December 1991

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo data
  • Comment
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeSometimes
  • Comment
  • Source

    Art 21: The parties are required: - to have at least one bank account in the Republic of Guinea;'

    Source: Loi organique N0 91/012

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeNo public funding available
  • Comment
  • Source
29. What are the eligibility criteria for political parties to receive public funding?
  • CodeNot applicable
  • Comment
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30. What is the allocation calculation for political parties to receive public funding?
  • CodeNot applicable
  • Comment
  • Source
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeNot applicable
  • Comment
  • Source
32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment
  • Source

    Article 20: Regularly authorized parties have rights and prerogatives including: (...)- create and administer newspapers; - access state broadcasting and television broadcasters, with due respect for the strict equality of the parties, in particular for the dissemination of their press releases and their interventions in parliamentary debates and their participation in political broadcasts, in the form of debates or round tables; - in general, do all acts in accordance with their mission.'

    Source Organic Law  L / 91/002 of 23 December 1991

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeEqual
  • Comment
  • Source

    Article 20: Regularly authorized parties have rights and prerogatives including: (...)- create and administer newspapers; - access state broadcasting and television broadcasters, with due respect for the strict equality of the parties, in particular for the dissemination of their press releases and their interventions in parliamentary debates and their participation in political broadcasts, in the form of debates or round tables; - in general, do all acts in accordance with their mission.'

    Source Organic Law  L / 91/002 of 23 December 1991

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment
  • Source

    Article 20: Regularly authorized parties have rights and prerogatives including: (...)- create and administer newspapers; - access state broadcasting and television broadcasters, with due respect for the strict equality of the parties, in particular for the dissemination of their press releases and their interventions in parliamentary debates and their participation in political broadcasts, in the form of debates or round tables; - in general, do all acts in accordance with their mission.'

    Source Organic Law  L / 91/002 of 23 December 1991

35. Are there provisions for any other form of indirect public funding?
  • CodeNo data
  • Comment
  • Source
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNot applicable
  • Comment
  • Source
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
  • Source

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment
  • Source

    Article 53 'Is prohibited and may be punished, by action of the Prosecution, the penalties for trading of influence:- Donations and gifts in cash or in kind as well as promises of gifts or administrative favours made to a person, a group of persons or any local constituency for propaganda for the purpose of influencing or attempting to influence the voting...'

    Source: Loi organique N0 91/012

39. Are there limits on the amount a political party can spend?
  • CodeYes
  • Comment
  • Source

    Article 192.1 and 191.2 ‘ 'On the proposal of a Commission of Finance ...The Chairman of INEC fixed by a decision( ...) the bond amount to be paid to the Treasury( ...)It also sets the ceiling on total expenditures that can be incurred by a candidate or a political party taking part in a parliamentary or presidential election.'

    Article 193 'It is prohibited for any political party or any candidate taking part in a parliamentary or presidential election to commit to the campaign expenses that exceed the limit authorized by the commission set out in session 193 above.'

    Source: Loi organique N0 91/012/CTRN du 22 avril 2010

40. If there are limits on the amount a political party can spend, what is the limit?
  • Code The limit is set by decision of the President of the INEC
  • Comment
  • Source

    Article 192.1 and 191.2 ‘ 'On the proposal of a Commission of Finance ...The Chairman of INEC fixed by a decision( ...) the bond amount to be paid to the Treasury( ...)It also sets the ceiling on total expenditures that can be incurred by a candidate or a political party taking part in a parliamentary or presidential election.'

    Source: Loi organique N0 91/012/CTRN du 22 avril 2010

41. Are there limits on the amount a candidate can spend?
  • CodeYes
  • Comment
  • Source

    Article 192.1 and 191.2 ‘ 'On the proposal of a Commission of Finance ...The Chairman of INEC fixed by a decision( ...) the bond amount to be paid to the Treasury( ...)It also sets the ceiling on total expenditures that can be incurred by a candidate or a political party taking part in a parliamentary or presidential election.'

    Article 193 'It is prohibited for any political party or any candidate taking part in a parliamentary or presidential election to commit to the campaign expenses that exceed the limit authorized by the commission set out in session 193 above.'

    Source: Loi organique N0 91/012/CTRN du 22 avril 2010

42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code limit is set by decision of the President of the INEC.
  • Comment
  • Source

    Article 192.1 and 191.2 ‘ 'On the proposal of a Commission of Finance ...The Chairman of INEC fixed by a decision( ...) the bond amount to be paid to the Treasury( ...)It also sets the ceiling on total expenditures that can be incurred by a candidate or a political party taking part in a parliamentary or presidential election.'

    Article 193 'It is prohibited for any political party or any candidate taking part in a parliamentary or presidential election to commit to the campaign expenses that exceed the limit authorized by the commission set out in session 193 above.'

    Source: Loi organique N0 91/012/CTRN du 22 avril 2010

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo data
  • Comment
  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo data
  • Comment
  • Source
45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo data
  • Comment
  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo data
  • Comment
  • Source

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment
  • Source

    Art 21: The parties are required:
    - to have at least one bank account in the Republic of Guinea;
    - to have an annual accounting of their management;
    - to make an annual inventory of their property, furniture and buildings.
    The accounting documents of political parties may at any time be requested by the Minister of the Interior, for control.
    The party that does not have reliable accounting documents and complies with the regulations loses the right to benefit from any financial aid granted by the State, without prejudice to the sanctions provided for by other texts.

    Source Organic Law  L / 91/002 of 23 December 1991

48. Do political parties have to report on their election campaign finances?
  • CodeYes
  • Comment
  • Source

    Article 198.1 'Within thirty (30) days after the proclamation of final results, political parties or candidates who took part in the election file with the Court of Accounts their campaign accounts and supporting documents of resources and expenditures.'

    Source: Loi organique N0 91/012/CTRN du 22 avril 2010

49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment
  • Source

    Article 198.1 'Within thirty (30) days after the proclamation of final results, political parties or candidates who took part in the election file with the Court of Accounts their campaign accounts and supporting documents of resources and expenditures.'

    Source: Loi organique N0 91/012/CTRN du 22 avril 2010

50. Do third parties have to report on election campaign finances?
  • CodeNo data
  • Comment
  • Source
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment
  • Source

    Article 198.1 'Within thirty (30) days after the proclamation of final results, political parties or candidates who took part in the election file with the Court of Accounts their campaign accounts and supporting documents of resources and expenditures.'

    Art 198.2 ‘2 'These accounts are certified by the Court of Accounts, which publishes the campaign accounts to collect, within fifteen (15) days, comments from citizens and political parties on these accounts.'

    Source: Loi organique N0 91/012/CTRN du 22 avril 2010

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • Comment
  • Source

    Art 23: 'Gifts, legacies received by the parties must be declared to the Ministry of the Interior with indication of the donors, the nature and value of the goods received.'

    Source Organic Law  L / 91/002 of 23 December 1991

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeNo
  • Comment
  • Source
54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeNo
  • Comment
  • Source
55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeCourt
  • Comment
  • Source

    Article 198.1 'Within thirty (30) days after the proclamation of final results, political parties or candidates who took part in the election file with the Court of Accounts their campaign accounts and supporting documents of resources and expenditures.'

    Art 198.2 ‘2 'These accounts are certified by the Court of Accounts, which publishes the campaign accounts to collect, within fifteen (15) days, comments from citizens and political parties on these accounts.'

    Source: Loi organique N0 91/012/CTRN du 22 avril 2010

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeMinistry | Court
  • Comment
  • Source

    Art 21: The parties are required:
    - to have at least one bank account in the Republic of Guinea;
    - to have an annual accounting of their management;
    - to make an annual inventory of their property, furniture and buildings.
    The accounting documents of political parties may at any time be requested by the Minister of the Interior, for control.
    The party that does not have reliable accounting documents and complies with the regulations loses the right to benefit from any financial aid granted by the State, without prejudice to the sanctions provided for by other texts.

    Source: Loi organique N0 91/012

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeNo data
  • Comment
  • Source
58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Loss of public funding | Deregistration of party | Loss of political rights
  • Comment
  • Source

    Art 21: The parties are required:
    - to have at least one bank account in the Republic of Guinea;
    - to have an annual accounting of their management;
    - to make an annual inventory of their property, furniture and buildings.
    The accounting documents of political parties may at any time be requested by the Minister of the Interior, for control.
    The party that does not have reliable accounting documents and complies with the regulations loses the right to benefit from any financial aid granted by the State, without prejudice to the sanctions provided for by other texts.

    Article 29: The Minister of the Interior decides the dissolution of a political party in the following cases

    Source: Loi organique N0 91/012

     

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