Guinea-Bissau

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

    Art. 24.2 Political parties may not receive, for whatever purpose, contributions and pecuniary value of non-national natural or legal persons, without prejudice to article 22'
    Source: Law of Political Parties, Law No. 2/91, 1991
2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment
  • Source

    Art 46.2. 'Direct funding of election campaigns by foreign governments and foreign governmental organizations is prohibited.'

    Source Lei nr 3/98
3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment
  • Source
4. Is there a ban on corporate donations to candidates?
  • CodeYes
  • Comment
  • Source

    'The law forbids the direct financing of election campaigns by foreign governments or government institutions and allows contributions only from supporters,
    candidates and income from electoral activities.'

    Source EU EOM Final Report 2009
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?
  • CodeYes
  • Comment
  • Source

    T'he law forbids the direct financing of election campaigns by foreign governments or government institutions and allows contributions only from supporters,
    candidates and income from electoral activities.'

    Source EU EOM Final Report 2009
7. Is there a ban on anonymous donations to political parties?
  • CodeNo
  • Comment
  • Source
8. Is there a ban on anonymous donations to candidates?
  • CodeNo
  • 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?
  • CodeYes
  • Comment
  • Source

    Art 24.1 'Autonomous State bodies, associations of public law, institute and public enterprises, local authorities and legal persons of administrative public utility are not allowed to finance or subsidize political parties.'

    Source Lei nr 02/91
11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeYes
  • Comment
  • Source

    ARTICLE 22 (SOURCES OF FUNDING)
    1. The activities of political parties shall be financed essentially by:
    a) General contributions or quotas of members;
    b) Special contributions of the holders of remunerated political positions;
    c) Income from own assets and activities;
    d) Credits;
    e) Donations;
    f) Annual allowance granted to political parties with seats in the National People's Congress.'

    Sources LEI N.º 2/91
12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNo data
  • 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

     

    Art 29.3 '3. Public authorities and private legal persons should provide applicants with equal treatment so that they can carry out their campaign freely and in the best possible conditions.
    Art 32 'The exercise of political propaganda is prohibited in: a) Military and militarized unit; b) Places of Worship; c) Hospitals and hospitals;
    d) Public institutions and work centers during the normal period of operation; e) Teaching institutions during the class period.
    Art. 39.1 Obligations of informational publications - 1. Public informational periodicals shall ensure equal treatment of the various applications.

    Source Lei nr 3/98
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?
  • CodeNo
  • Comment
  • Source
22. Is there a limit on in-kind donations to candidates?
  • CodeNo
  • Comment
  • Source
23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
  • Comment
  • Source
24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    ARTICLE 22 (SOURCES OF FUNDING)
    1. The activities of political parties shall be financed essentially by:
    a) General contributions or quotas of members;
    b) Special contributions of the holders of remunerated political positions;
    c) Income from own assets and activities;
    d) Credits;
    e) Donations;
    f) Annual allowance granted to political parties with seats in the National People's Congress.'

    Sources LEI N.º 2/91
25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    ARTICLE 22 (SOURCES OF FUNDING)
    1. The activities of political parties shall be financed essentially by:
    a) General contributions or quotas of members;
    b) Special contributions of the holders of remunerated political positions;
    c) Income from own assets and activities;
    d) Credits;
    e) Donations;
    f) Annual allowance granted to political parties with seats in the National People's Congress.'

    Sources LEI N.º 2/91
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?
  • CodeNo
  • Comment
  • Source

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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
  • Source
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

    ART 37 'Antenna Law 1. Candidates for the office of President of the Republic, Political Parties and Coalitions of Parties competing for legislative elections, have access to the media, namely radio and television, during the period of the electoral campaign: a) Radio: 10 minutes daily; b) Television: 5 minutes daily. 2. The broadcasting times provided for in the preceding paragraph refer to each candidate for the position of President of the Republic and, in the case of the legislative elections, for each Political Party or Coalitions of Parties. 3. In the case of the second round in the presidential elections, each candidate shall have the airtime provided for in paragraph 1.

    Source Lei nr 3/98
33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeEqual | Other
  • Comment
  • Source

    Art 38 Distribution 1. The distribution of the order of use of the antenna times shall be made by lot by the National Elections Commission, 7 days before the opening of the campaigns. 2. Once the order provided in the previous number has been determined, there will be a daily rotation of the order of antenna usage, so that each candidate has a different time on each day. 3. The use of airtime is free during the election campaign. 4. However, the costs of magnetic recording of broadcast materials shall be borne by the applicants.

    Sources Lei nr 39/8
34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment
  • Source

    ART 37 'Antenna Law 1. Candidates for the office of President of the Republic, Political Parties and Coalitions of Parties competing for legislative elections, have access to the media, namely radio and television, during the period of the electoral campaign: a) Radio: 10 minutes daily; b) Television: 5 minutes daily. 2. The broadcasting times provided for in the preceding paragraph refer to each candidate for the position of President of the Republic and, in the case of the legislative elections, for each Political Party or Coalitions of Parties. 3. In the case of the second round in the presidential elections, each candidate shall have the airtime provided for in paragraph 1.

    Source Lei nr 3/98
35. Are there provisions for any other form of indirect public funding?
  • CodeYes
  • Comment
  • Source

    ART 26 'BENEFITS TO BE GRANTED BY THE STATE-
    1. Political parties shall enjoy the following tax exemptions:
    a) Tax for the acquisition of buildings necessary for the installation of its delegation and services by the transmissions resulting from merger or demerger;
    b) Tax on successions and donations;
    c) Property tax for the taxable income of buildings owned by it where its national headquarters and its provincial, regional or sectoral offices and their services are located;
    d) Duties and other customs duties on materials and equipment imported and destined to its first installation.

    Sources Lei nr 2/92
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

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

    ART 165 'Electoral Corruption -Who, to persuade someone to vote or to cease voting on any list, Party, Party Coalition or candidate, offer or promise public or private employment or any equity advantage one or, voters or by agreement with another interposed person, even that the things offered or promised are concealed by way of pecuniary aid to defray expenses of any kind, shall be punished by imprisonment for two to eight years.'

    Source Lei nr 3/98
39. Are there limits on the amount a political party can spend?
  • CodeNo
  • Comment
  • Source
40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
41. Are there limits on the amount a candidate can spend?
  • CodeNo
  • Comment
  • Source
42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo
  • Comment
  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • 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

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

    Art 25 ' 1. The political parties shall report annually on the accounts and shall disclose the revenue and expenditure indicating the origin of the former and the application of the latter, as well as the situation of the assets.'

    Source Lei nr 2/91

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

    Art 49 'Supervision and Performance of Accounts
    1. The entities competing for the elections must, within a maximum period of 30 days after the official proclamation of the results of the ballot, give detailed accounts of their electoral campaign to the National Election Commission and publish them in the Official Gazette.'

    Source Lei nr 3/98
49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment
  • Source

    Art 49 'Supervision and Performance of Accounts
    1. The entities competing for the elections must, within a maximum period of 30 days after the official proclamation of the results of the ballot, give detailed accounts of their electoral campaign to the National Election Commission and publish them in the Official Gazette.'

    Source Lei 3/98
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

    Art 25.2 The parties 'accounts are published in the Official Gazette and may be submitted to the accountants' experts by decision of the Supreme Court of Justice.'

    Source Lei nr 2/91

    Art 49 'Supervision and Performance of Accounts
    1. The entities competing for the elections must, within a maximum period of 30 days after the official proclamation of the results of the ballot, give detailed accounts of their electoral campaign to the National Election Commission and publish them in the Official Gazette.'

    Source Lei nr 3/98
52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeNo
  • Comment
  • Source

    Art 49 'Supervision and Performance of Accounts
    1. The entities competing for the elections must, within a maximum period of 30 days after the official proclamation of the results of the ballot, give detailed accounts of their electoral campaign to the National Election Commission and publish them in the Official Gazette.'

    Source Lei nr 3/98
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?
  • CodeEMB
  • Comment
  • Source

    Art 49 'Supervision and Performance of Accounts
    1. The entities competing for the elections must, within a maximum period of 30 days after the official proclamation of the results of the ballot, give detailed accounts of their electoral campaign to the National Election Commission and publish them in the Official Gazette.'

    Source Lei nr 3/98
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeEMB
  • Comment
  • Source

    Art 49 '2. The National Election Commission must assess within a maximum of 60 days the regularity of revenues and expenses and publish their opinion in the Official Gazette.
    3. If the National Electoral Commission finds any irregularities in the accounts, it must notify the respective entity to regularize them within 15 days. On these new accounts should the National Elections Commission, pronounce within ten days.'

    Source Lei nr 3/98 
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 | Loss of political rights | Other
  • Comment
  • Source

    Art 154 'Violation of duties of neutrality and impartiality The holders of organs and agents of the State, legal persons governed by public law, goods in the public domain of public works and public or mixed undertakings which infringe the obligations of neutrality and impartiality before the various candidatures and political parties, shall be punished with imprisonment from six months to two years and a fine of 154,000 to 231,000 FCFA.'

    ART 165 'Election Corruption - Any person who, in order to persuade anyone to vote or to cease voting on any list, Party, Party Coalition or candidate, offer or promise public or private employment or any equity advantage, another interposed person, even if the things offered or promised are concealed as pecuniary aid to defray expenses of any kind, shall be punished by imprisonment for two to eight years.'

    Art 178 'Non-presentation of Accounts
    Failure to submit an accounting, in accordance with article 49, subjects the following sanctions to the following sanctions, without prejudice to any civil and criminal liability: a) Cessation of all subsidies to which the political parties and parliamentary benches are entitled by law , and of any other State support; b) Prohibition of the members of the leadership of the parties to create or integrate other political formations; c) Prohibition to run for future elections of any kind.'

    Source Lei nr 3/98

Disclaimer: Maps presented do not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of International IDEA. Maps are used in order to add visual clarity to data.