Tuvalu
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. Source
Freedom in the World 2021 https://freedomhouse.org/country/tuvalu/freedom-world/2021 |
2. Is there a ban on donations from foreign interests to candidates? |
Code
No
|
3. Is there a ban on corporate donations to political parties? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
4. Is there a ban on corporate donations to candidates? |
Code
No
|
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
|
7. Is there a ban on anonymous donations to political parties? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
8. Is there a ban on anonymous donations to candidates? |
Code
No
|
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
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
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Not applicable
|
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
14 Participation in politics The Minister may give directions as to the procedure by which public officers may stand for election to Parliament, consistent with any provision in the Public Service Commission Rules relating to participation in politics and with the provisions of section 95(1)(f) of the Constitution as to qualifications for election to Parliament. Such directions shall be framed so as to restrict to the minimum extent possible a public officer’s active preparation for and participation in a local or parliamentary election, and so as to preserve his seniority in the event of his not being elected. Public Service Act, 2008, https://www.tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1979/1979-0004/PublicServiceAct_1.pdf 44 Disciplinary Offences An officer commits a disciplinary offence or misconduct for the purposes of disciplinary proceedings who: (s) takes active part in political affairs otherwise than in accordance with the provisions of these Rules and the General Administrative Orders; Public Service Commission Rules, 2008, https://www.tuvalu-legislation.tv/cms/images/LEGISLATION/SUBORDINATE/2001/2001-0001/PublicServiceCommissionRules_1.pdf |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
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
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
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
|
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
|
21. Is there a limit on in-kind donations to political parties? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
22. Is there a limit on in-kind donations to candidates? |
Code
No
|
23. Is there a ban on political parties engaging in commercial activities? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
|
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
|
27. Are there provisions requiring donations to go through the banking system? |
Code
No
|
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Not applicable
|
30. What is the allocation calculation for political parties to receive public funding? |
Code
Not applicable
Source
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Not applicable
|
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
|
35. Are there provisions for any other form of indirect public funding? |
Code
No
|
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Not applicable
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
Source
46 Persons to be deemed guilty of bribery (1) The following persons shall be deemed to be guilty of bribery within the meaning of this Part of this Act — (a) any person who directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector or to or for any person on behalf of any elector, or to or for any other person in order to induce such elector to vote or refrain from voting, or corruptly does any such act as aforesaid on account of any elector having voted or refrained from voting at any election; (b) any person who directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure or to endeavour to procure, any office, place or employment to or for any elector, or to or for any other person, in order to induce such elector to vote or refrain from voting, or corruptly does any such act as aforesaid on account of any voting at any election; (c) any person who directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement or agreement as aforesaid to or for any person, in order to induce such person to procure, or to endeavour to procure the return of any person as a member of Parliament or the vote of any elector at any election; (d) any person who, upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procures or engages, promises or endeavours to procure the return of any person as a member of Parliament or the vote of any elector at any election; (e) any person who advances or pays, or causes to be paid, any money to or for the use of any other person, with the intent that such money, or any part thereof, shall be expended in bribery at any election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election; (f) any elector, who, before or during any election, directly or indirectly, by himself or by any other person on his behalf, receives, agrees to receive, or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election; and (g) any person who, after any election, directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any election: Provided always that this section shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses bona fide incurred at or concerning any election. Source: Article 46, Electoral Provisions (Parliament) Act, as amended to 2015 47 Persons to be deemed guilty of treating (1) The following persons shall be deemed to be guilty of treating within the meaning of this Part of this Act — (a) any person who corruptly, by himself or by any other person, either before, during or after an election, directly gives, or provides, or pays, or promises to give, provide or pay, wholly or in part, the expenses of giving or providing any food, drink, entertainment or provision to or for any person, for the purpose of corruptly influencing that person, or any other person to vote or refrain from voting at such election, or on account of that person or any other person having voted or refrained from voting at such election; and (b) any elector who corruptly accepts or takes any such food, drink, entertainment or provision. Source: Article 47, Electoral Provisions (Parliament) Act, as amended to 2015 |
39. Are there limits on the amount a political party can spend? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
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? |
Code
No
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
|
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
48. Do political parties have to report on their election campaign finances? |
Code
Not applicable
Comment
There are no formal political parties, though no law bars their formation. Candidates typically run as independents and form loose, frequently shifting alliances once in office. |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
The law does not specifically talk about campaign finance. The Leadership Code Act requires any leader to submit their annual statement of accounts, which could include their campaign finances. Source
Article 4 (42) “Leader” means a person who currently holds any one of the following positions — (a) Head of State; (b) Head of Government; (c) Minister; (d) Member of Parliament; (e) judicial officer; (f) member of a Kaupule; (g) civil servant employed to give political or policy advice to a Minister; (h) holder of any statutory office established by legislation; (i) head of a Ministry or Department of the public service: (j) director of a corporation who is appointed by the Head of State, the Cabinet, the Head of Government, a Minister, the Parliament, a Kaupule, or other officers or bodies of the Government; (k) traditional leader who has ex officio legal powers, functions or recognition; (l) any other public servant, or officer of a Government or quasiGovernmental agency, that legislation may declare to be a Leader for the purposes of this Code; (m) the position of acting or temporary replacement for, or of permanent deputy to, a Leader; and (n) includes also any person holding office of the Ombudsman established under this Code; Article 33 33 Annual statements of interests (1) Every Leader must lodge an annual statement for the preceding year, specifying details of the Leader’s assets and liabilities. (2) The annual statement for each year must be delivered to the Ombudsman — (a) within two (2) months of the day on which that person became a Leader (whether or not for the first time); or (b) on or before the first day of June next occurring, whichever deadline is later. (3) The annual statement must set out details of the assets and liabilities of – (a) the Leader; and (b) any spouse or dependent child of the Leader (if known); (c) any trust of which the Leader, or (if known) any spouse or child of the Leader, is a beneficiary. (4) The details to be set out in the annual statement are — (a) all land and other property (except one family home and kaitasi land); (b) all vehicles (except one family vehicle); (c) all shares in companies (public or private); (d) all income; (e) all financial liabilities; (f) all directorships in companies (public or private); (g) all directorships or other offices held in unincorporated bodies; (h) any assets acquired or disposed of during the period covered by the statement; (i) any liabilities acquired or discharged during the period covered by the statement. (5) The details must include assets inside and outside Tuvalu. (6) However, an annual statement need not include — (a) any liabilities in respect of the family home; or (b) the personal effects of the Leader, or of a spouse or child of the Leader. Leadership Code Act, 2008, https://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/2006/2006-0001/LeadershipCodeAct_1.pdf |
50. Do third parties have to report on election campaign finances? |
Code
No
|
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
No
|
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
No
|
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
No
|
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
No Institution specified
|
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
Source
Sanctions found relate only to the offences of bribery and treating in relation to elections 45 Penalty for bribery, treating and undue influence Any person who is guilty of bribery, treating or undue influence is guilty of an offence of corrupt practice and is liable to a fine of $1,000 and to imprisonment for 12 months. Source: Article 45, Electoral Provisions (Parliament) Act, as amended to 2015 41 Corrupt practice (1) No election shall be valid if any corrupt or illegal practice is committed in connection therewith by the candidate elected or his agent. (2) Where on an election petition it is shown that corrupt or illegal payments, employments or hiring committed in reference to the election for the purpose of promoting or procuring the election of any person thereat have been so widespread that they may be reasonably supposed to have affected the result, his election, if he has been elected, shall be void and he shall be incapable of being elected to fill the vacancy for which the election was held. Source: Article 41, Electoral Provisions (Parliament) Act, as amended to 2015 Any person who is convicted of a corrupt practice shall in addition to any other punishment, be incapable during a period of 5 years from the date of his conviction — (a) of being registered as an elector or of voting at any election; (b) of being elected as a member of Parliament, or if elected before his conviction, of retaining his seat as such member. Source: Article 51, Electoral Provisions (Parliament) Act, as amended to 2015 |
