Uganda

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

    However, there is a donation limit for foreign donations, i.e. 20 000 currency points per year, where a currency point is 20,000 Shilling, making the total limit to 400,000,000 Shilling [I$104,000].

  • Source

    "The persons or bodies referred to in subsection (2) shall not directly or indirectly make a contribution, donation or loan whether in cash or in kind in excess of the value of twenty thousand currency points within any period of twelve months, to funds held or the be held by or for the benefit of a political party or organisation."

    (Section 14(1), the Political Parties and Organisations Act, 2005). 

2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment
  • Source

    "A candidate or a candidate’s agent shall not obtain, solicit or receive any financial or other assistance for the purpose of the candidate’s campaign, from any foreign government, institution, body or person which or who has demonstrated an intention to overthrow the lawfully established Government of Uganda, or to endanger the security of Uganda."

    (Section 22(5), Presidential Elections Act, 2005).

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
  • Source
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

    "Every political party or organisation shall maintain at its national head office, an accurate and permanent record consisting of the following -

    a) any contribution, donation or pledge of contribution or donation whether in cash or in kind made by the founders or the promoters of the political party or organization;

    b) a statement of its accounts, showing the sources of its funds and the name of any person who has contributed to the funds including contributions by persons who are not citizens of Uganda, membership dues paid, donations in cash or in kind and all the financial transactions of the political party or organisation which are conducted through, by or with the head or national office of the political party or organisation."

    (Section 12(1)(a&b), the Political Parties and Organisations Act, 2005). 

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?
  • 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

    "(1) Except as authorised under this Act or otherwise authorised by law, no candidate shall use Government or public resources for the purpose of campaigning for election.
    (2) Where a candidate is a Minister or holds any other political office, he or she shall, during the campaign period, restrict the use of the official facilities ordinarily attached to his or her office to the execution of his or her official duties.
    (3) For the purposes of enforcing this section the Commission shall, by writing require any candidate to state in writing the facilities ordinarily attached to any office held by that person to which subsection (2) applies and the candidate shall comply with the requirement.
    (4) This section applies with the necessary modifications to an employee of a statutory corporation or company in which the government owns a controlling interest and a member of a commission or committee established by the Constitution as it applies to a public officer.
    (5) A person who contravenes any provision of this section commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both."

    (Section 25, Parliamentary Elections Act, 2005).

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeYes, for both natural and legal persons
  • Comment

    There is a limit on contributions from foreign sources.

  • Source

    "The persons or bodies referred to in subsection (2) shall not directly or indirectly make a contribution, donation or loan whether in cash or kind in excess of the value of twenty thousand currency points within any period of twelve months, to funds held or the be held by or for the benefit of a political party or organisation."

    (Article 14(1), the Political Parties and Organisations Act, 2005). 

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 There is a donation limit for foreign donations, i.e. 20 000 currency points per year, where a currency point is 20,000 Shilling, making the total limit to 400,000,000 Shilling [I$104,000].
  • Comment
  • Source

    "The persons or bodies referred to in subsection (2) shall not directly or indirectly make a contribution, donation or loan whether in cash or kind in excess of the value of twenty thousand currency points within any period of twelve months, to funds held or the be held by or for the benefit of a political party or organisation."

    (Article 14(1), the Political Parties and Organisations Act, 2005). 

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

    "The persons or bodies referred to in subsection (2) shall not directly or indirectly make a contribution, donation or loan whether in cash or in kind in excess of the value of twenty thousand currency points within any period of twelve months, to funds held or the be held by or for the benefit of a political party or organisation."

    (Article 14(1), the Political Parties and Organisations Act, 2005). 

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
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?
  • CodeYes, both regularly provided funding and in relation to campaigns
  • Comment
  • Source

    "Government shall contribute funds or other public resources towards the activities of political parties or organisations represented in Parliament in accordance with the following principles-

    a) registered political parties or organisations shall be funded by Government under this Act in respect of elections and their normal day to day activities;

    b) in respect of elections, Government shall finance political organisations and parties on equal basis."

    (Section 14A,  the Political Parties and Organisations Act, 2005 as completed and modified by the 2010 Amendment). 

     

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeRepresentation in elected body
  • Comment
  • Source

    "in respect of normal day to day activities, funding shall be based on the numerical strength of each political party or organisation in Parliament."

    (Section 14A(c),  the Political Parties and Organisations Act, 2005 as completed and modified by the 2010 Amendment). 

     

30. What is the allocation calculation for political parties to receive public funding?
  • CodeEqual for campaign financing | Proportional to seats received for annual funding of political party activities
  • Comment
  • Source

    "Government shall contribute funds or other public resources towards the activities of political parties or organisations represented in Parliament in accordance with the following principles-

    a) registered political parties or organisations shall be funded by Government under this Act in respect of elections and their normal day to day activities;

    b) in respect of elections, Government shall finance political organisations and parties on equal basis;

    c) in respect of normal day to day activities, funding shall be based on the numerical strength of each political party or organisation in Parliament."

    (Section 14A,  the Political Parties and Organisations Act, 2005 as completed and modified by the 2010 Amendment). 

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

    "No candidate in an election shall be denied reasonable access and use of State-owned communication media.
    All presidential candidates shall be given equal time and space on the State-owned media to present their programmes to the people."

    (Article 67(2&3), Constitution of the Republic of Uganda, 1995).

    "A candidate in an election shall not be denied reasonable access to and use of, State-owned communication media."

    (Section 22(1), Parliamentary Elections Act, 2005).

    "All presidential candidates shall be given equal treatment on the State owned media to present their programmes to the people."

    (Section 24(1), Presidential Elections Act, 2005).

35. Are there provisions for any other form of indirect public funding?
  • Code Other public resources, apart from public funding, should be contributed to political parties
  • Comment
  • Source

    "Government shall contribute funds or other public resources towards the activities of political parties or organisations represented in Parliament."

    (Section 14A,  the Political Parties and Organisations Act, 2005 as completed and modified by the 2010 Amendment).

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

    "A person who, either before or during an election with intent, either directly or indirectly to influence another person to vote or to refrain from voting for any candidate, gives or provides or causes to be given or provided any money, gift or other consideration to that other person, commits the offence of bribery and is liable on conviction to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both."

    (Article 64(1), Presidential Elections Act, 2005).

    A person who, either before or during an election with intent. either directly or indirectly to influence another person to vote or to refrain from voting for any candidate, gives or provides or causes to be given or provided any money, gift or other consideration to that other person, commits the offence of bribery and is liable on conviction to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both."

    (Article 68(1), Parliamentary Elections Act, 2005).

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

    "Every political party or organisation shall maintain at its national head office, an accurate and permanent record consisting if the following-

    a) any contribution, donation or pledge of contribution or donation whether in cash or in kind made by the founders or promoters of the political party or organisation;

    b) a statement of its accounts, showing the sources of its funds and the name of any person who has contributed to the funds including contributions by persons who are not citizens of Uganda, membership dues paid, donations in cash or in kind and all the financial transactions of the political party or organisation which are conducted through, by or with the head or national office of the political party or organisation;

    c) any property that belongs to the political party or organisation and the time and mode of acquisition of the property; and

    d) such other particulars as the Electoral Commission may reasonably require with respect to the foregoing.

    (2) the record maintained under subsection (1) shall be accessible to any member of the political party or organisation.

    (3) the accounts of every political party or organisation shall be audited once in every year but not later than six months after its financial year by an auditor from a recognized professional body.

    (4) a copy of the audited accounts referred to in subsection (3) shall be filed by the political party or organisation with the Electoral Commission within six months from the end of the financial year."

    (Section 12, the Political Parties and Organisations Act, 2005). 

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

    In relation to parliamentary elections. 

  • Source

    "Political parties are obliged to submit their audited financial reports to the EC on an annual basis, and parliamentary campaign finance is part of yearly reports in case elections were held in a given year."

    (EU (2016) Presidential, Parliamentary and Local Council Elections, Uganda, 18 February 2016. EU Election Observation Mission Report).

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

    For Presidential, but not for Parliamentary candidates.

  • Source

    "Each candidate shall, within thirty days after the election—

    (a) account to the Commission for the facilitation given to him or her under subsection (2);
    (b) submit a return to the Commission disclosing all assistance obtained by the candidate from any source."

    (Section 22(7), Presidential Elections Act, 2005).

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?
  • CodeYes
  • Comment
  • Source

    "A member of a political party or organisation and also a member of the public is entitled upon payment of a reasonable fee prescribed by the Electoral Commission, to inspect or be given copies of the audited accounts of a political party or organisation filed with the Electoral Commission under this section."

    (Section 12(5), the Political Parties and Organisations Act, 2005).

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

    "Every political party or organisation shall maintain at its national head office, an accurate and permanent record consisting if the following-

    a) any contribution, donation or pledge of contribution or donation whether in cash or in kind made by the founders or promoters of the political party or organisation;

    b) a statement of its accounts, showing the sources of its funds and the name of any person who has contributed to the funds including contributions by persons who are not citizens of Uganda, membership dues paid, donations in cash or in kind and all the financial transactions of the political party or organisation which are conducted through, by or with the head or national office of the political party or organisation."

    (Section 12(1), the Political Parties and Organisations Act, 2005). 

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

    "A copy of the audited accounts referred to in subsection (3) shall be filed by the political party or organisation with the Electoral Commission within six months from the end of the financial year."

    (Section 12(4), the Political Parties and Organisations Act, 2005). 

    "Each candidate shall, within thirty days after the election—

    (a) account to the Commission for the facilitation given to him or her under subsection (2);
    (b) submit a return to the Commission disclosing all assistance obtained by the candidate from any source."

    (Section 22(7), Presidential Elections Act, 2005).

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

    The Electoral Commission can appoint auditors to check political party financial reports.

  • Source

    "Where a political party or organisation does not submit its audited accounts under subsection (4) the Electoral Commission may order the accounts of a political party or organisation to be audited by an auditor appointed by the Electoral Commission and also require the political party or organisation to file with the Electoral Commission the audited accounts at a time specified by the Electoral Commission."

    (Section 12(6), the Political Parties and Organisations Act, 2005). 

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

    "Where a political party or organisation does not submit its audited accounts under subsection (4) the Electoral Commission may order the accounts of a political party or organisation to be audited by an auditor appointed by the Electoral Commission and also require the political party or organisation to file with the Electoral Commission the audited accounts at a time specified by the Electoral Commission."

    (Section 12(6), the Political Parties and Organisations Act, 2005). "

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Forfeiture | Deregistration of party
  • Comment
  • Source

    "(9) A person who commits an offence under subsection (8) is liable on conviction—
    (a) in the case of an offence under subsection (4), to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both; and
    (b) in any other case, to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both."

    (Section 22(9), Presidential Elections Act, 2005).

    "(9) Any political party or organisation which contravenes this section (i.e. Restriction on contributions from foreign sources), commits an offence; and any member of the executive committee of the political party or organisation who contributes in any way to the contravention also commits an offence, and is liable-

    a) in the case of a political party or organisation, to a fine not exceeding seventy two currency points; or

    b) in the case of a member of the executive committee of the political party or organisation, to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both.

    (10) Without prejudice to any other penalty imposed by the court under this Act any money or other assistance, obtained by a political party or organisation contrary to this section shall be forfeited to the State by order of the court which convicts any person of a contravention of this section."

    (Section 14, the Political Parties and Organisations Act, 2005). 

    "(1) Where a political party or organisation does not comply with the provisions of this Act, the Electoral Commission may by writing require compliance; and if the political party or organisation persists in non-compliance, the Electoral Commission may apply to the High Court for an order winding up the political party or organisation.

    (2) In any case, a political party or organisation convicted -

    a) of an offence under section 14; or

    b)of any other offence under this Act more than three times,

    the Electoral Commission shall apply to the High Court for an order to de-register the political party or organisation and the High Court shall make such order as may be just for the disposition of the property, assets, rights and liabilities of the political party or organisation."

    (Section 21(1&2), the Political Parties and Organisations Act, 2005). 

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