Tuvalu

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeNot 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?
  • CodeNo
  • Comment
  • Source
3. Is there a ban on corporate donations to political parties?
  • CodeNot 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
4. Is there a ban on corporate donations to candidates?
  • CodeNo
  • Comment
  • Source
5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNot 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
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?
  • CodeNot 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
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?
  • CodeNot 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
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?
  • CodeNot 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
12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNot applicable
  • 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

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

    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)?
  • CodeNot 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
32. Are there provisions for free or subsidized access to media for political parties?
  • CodeNot applicable
  • Comment
  • Source
33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeNot 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
34. Are there provisions for free or subsidized access to media for candidates?
  • CodeNo
  • Comment
  • Source
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?
  • 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

    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?
  • CodeNot 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
40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot 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
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
  • 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?
  • CodeNot 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
48. Do political parties have to report on their election campaign finances?
  • CodeNot 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
49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • 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?
  • CodeNo
  • 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?
  • CodeNo
  • Comment
  • Source
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?
  • CodeNo Institution specified
  • Comment
  • Source
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeNo institution specified
  • Comment
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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?
  • CodeFines | Prison | Loss of nomination of candidate | Loss of political rights | Loss of elected office
  • Comment
  • 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

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.