Congo, Democratic Republic of

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

    Article 24:
    It is forbidden, on pain of dissolution, for political parties to receive directly or indirectly financial or material support from a foreign state.

    Source LAW N ° 04/002 OF MARCH 15, 2004

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

    Article 23: 'Donations and legacies must be declared to the Ministry having Internal Affairs in his attributions mentioning their origin, nature and value. They must come from persons identified and of non-criminal origin.'
    Source LAW N ° 04/002 OF MARCH 15, 2004

8. Is there a ban on anonymous donations to candidates?
  • CodeNo
  • Comment
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9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
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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?
  • CodeYes
  • Comment
  • Source

    Article 36'The use for electoral purposes of property, finances and staff of the State, enterprises, institutions and public bodies and semi-public companies. The use of the property, finances and public staff referred to above is punishable by the cancellation of the candidacy or the cancellation of the list of the political party, the political group or the self-employed who are guilty of it or whose candidate is guilty of it.'

    Source Loi Electorale , Fevrier 2006

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 36'The use for electoral purposes of property, finances and staff of the State, enterprises, institutions and public bodies and semi-public companies. The use of the property, finances and public staff referred to above is punishable by the cancellation of the candidacy or the cancellation of the list of the political party, the political group or the self-employed who are guilty of it or whose candidate is guilty of it.'Loi Electorale , Fevrier 2006

    Article 25: 'The registered political party may receive grants from the State. A law determines the conditions and nature of subsidies allocated to political parties. No political party may use state property or personnel on pain of dissolution.'

    Source LAW N ° 04/002 OF MARCH 15, 2004

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

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, regularly provided funding
  • Comment
  • Source

    Article 25: 'The registered political party may receive grants from
    the State. A law determines the conditions and nature of subsidies
    allocated to political parties. No political party may use state property or personnel on pain of dissolution.'

    Source LAW N ° 04/002 OF MARCH 15, 2004

     

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeShare of seats in previous election
  • Comment
  • Source

    Article 34 'The registered political party or organization may receive financial assistance from the State, according to the numbers of seats obtained in the parliament.'

    Source: Decret-loi No. 194 Relatif aux Partis et Regroupements Politiques, 1999

30. What is the allocation calculation for political parties to receive public funding?
  • CodeProportional to votes received
  • Comment
  • Source

    Article 34 'The registered political party or organization may receive financial assistance from the State, according to the numbers of seats obtained in the parliament.'

    Source: Decret-loi No. 194 Relatif aux Partis et Regroupements Politiques, 1999

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeNo
  • Comment
  • Source
32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment
  • Source

    Article 19: Legally constituted political parties have the right of free access and equal treatment by the public media in the context of weekly programs and programs to make their opinions known and to read the communiqués adopted or signed by their statutory bodies. The coverage of their statutory and public events and the distribution of their press releases are balanced by the public information bodies, and in particular by the radio, television and the Congolese News Agency, in strict compliance pluralism and objectivity, in accordance with the rules of professional conduct applicable to the profession journalist. In addition, legally constituted political parties are invited as such to participate in programs of a political, economic, scientific, cultural, social, sports forms. The High Authority for the Media ensures the proper execution of the this provision.

    Source LAW N ° 04/002 OF MARCH 15, 2004

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

    Article 19: Legally constituted political parties have the right of free access and equal treatment by the public media in the context of weekly programs and programs to make their opinions known and to read the communiqués adopted or signed by their statutory bodies. The coverage of their statutory and public events and the distribution of their press releases are balanced by the public information bodies, and in particular by the radio, television and the Congolese News Agency, in strict compliance pluralism and objectivity, in accordance with the rules of professional conduct applicable to the profession journalist. In addition, legally constituted political parties are invited as such to participate in programs of a political, economic, scientific, cultural, social, sports forms. The High Authority for the Media ensures the proper execution of the this provision.

    Source LAW N ° 04/002 OF MARCH 15, 2004

    Art 33 The High Media Authority ensures that the principle of equality between candidates is respected in media information programs in regarding reproduction and commentary of statements, writings, activities of the candidates and the presentation of their person. The High Media Authority intervenes, where appropriate, with the competent authorities to take all measures likely to ensure this equality. Conditions of access to public and private media for the purpose of
    electoral campaign are stopped by the High Media Authority in consultation with the Independent Electoral Commission.

    Loi Electorale , Fevrier 2006

     

     

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

    Art 33 The High Media Authority ensures that the principle of equality between candidates is respected in media information programs in regarding reproduction and commentary of statements, writings, activities of the candidates and the presentation of their person. The High Media Authority intervenes, where appropriate, with the competent authorities to take all measures likely to ensure this equality. Conditions of access to public and private media for the purpose of
    electoral campaign are stopped by the High Media Authority in consultation with the Independent Electoral Commission.

    Loi Electorale , Fevrier 2006

35. Are there provisions for any other form of indirect public funding?
  • CodeNo
  • Comment
  • Source
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • 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 88 'Is punished by a principal penal servitude of six months to five years and a fine of 100,000 to 500,000 Congolese francs constant, any person
    who : 1. use threats, violence, insults to an elector or assault in order to determine it to refrain from taking vote or influence his choice; 2. hires, posts an individual or brings together a group of armed or not for the purpose of intimidating voters or disturbing the order before, during or after the vote; 3. commits or incites to commit violence in an office of vote. In the case of armed gangs or groups, the guilty parties are punished penalties provided by the Congolese penal code.

    Loi Electorale , Fevrier 2006

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 data
  • 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
  • Comment
  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment
  • Source

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

    Article 21: Each political party is obliged to: report annually to the Ministry  of Interior, at the latest in the fortnight following the anniversary date of its registration, names, professions and homes of those who, whatever, are responsible for its central administration; b. deposit, each year, with the Minister having Internal Affairs in its attributions, no later than 31 March, the financial account of the past financial year.

    Loi Electorale , Fevrier 2006

48. Do political parties have to report on their election campaign finances?
  • CodeNo
  • Comment
  • Source
49. Do candidates have to report on their election campaign finances?
  • CodeNo
  • Comment
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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?
  • CodeNo
  • Comment
  • Source
52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • Comment
  • Source

    Article 21: Each political party is obliged to: report annually to the Ministry  of Interior, at the latest in the fortnight following the anniversary date of its registration, names, professions and homes of those who, whatever, are responsible for its central administration; b. deposit, each year, with the Minister having Internal Affairs in its attributions, no later than 31 March, the financial account of the past financial year.

    Loi Electorale , Fevrier 2006

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?
  • CodeMinistry
  • Comment
  • Source

    Article 21: Each political party is obliged to: report annually to the Ministry  of Interior, at the latest in the fortnight following the anniversary date of its registration, names, professions and homes of those who, whatever, are responsible for its central administration; b. deposit, each year, with the Minister having Internal Affairs in its attributions, no later than 31 March, the financial account of the past financial year.

    Source Loi Electorale , Fevrier 2006

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeYes, ministry
  • Comment
  • Source

    Article 21: Each political party is obliged to: report annually to the Ministry  of Interior (...) his account must show that the party does not benefit other resources than those from grants State contributions, donations and legacies of its adherents and supporters, securities and real estate properties and the revenue generated on the occasion of events or publications. When a political party does not comply with the prescribed this article, the Minister of Internal Affairs in his attributions call him to order. Failing to comply, the political party is suspended until it complies with provisions of this article.

    Loi Electorale , Fevrier 2006

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeImpose sanctions
  • Comment
  • Source

    Article 21: Each political party is obliged to: report annually to the Ministry  of Interior (...) When a political party does not comply with the prescribed this article, the Minister of Internal Affairs in his attributions call him to order. Failing to comply, the political party is suspended until it complies with provisions of this article.

    Loi Electorale , Fevrier 2006

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Deregistration of party | Loss of nomination of candidate | Loss of political rights | Suspension of political party | Other
  • Comment
  • Source

    Article 36'The use for electoral purposes of property, finances and staff of the State, enterprises, institutions and public bodies and semi-public companies. The use of the property, finances and public staff referred to above is punishable by the cancellation of the candidacy or the cancellation of the list of the political party, the political group or the self-employed who are guilty of it or whose candidate is guilty of it.'

    Source Loi Electorale , Fevrier 2006

    Article 21: Each political party is obliged to: report annually to the Ministry  of Interior, at the latest in the fortnight following the anniversary date of its registration, names, professions and homes of those who, whatever, are responsible for its central administration; b. deposit, each year, with the Minister having Internal Affairs in its attributions, no later than 31 March, the financial account of the past financial year. This account must show that the party does not benefit other resources than those from grants State contributions, donations and legacies of its adherents and supporters, securities and real estate properties and the revenue generated on the occasion of events or publications. When a political party does not comply with the prescribed this article, the Minister of Internal Affairs in his attributions call him to order. Failing to comply, the political party is suspended until it complies with provisions of this article.

    Loi Electorale , Fevrier 2006

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