Political Finance Database

Vanuatu

Vanuatu

2018
Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
No
Comment

 

Comments:
There is no legislation regulating party financing in Vanuatu.

 

Source
2. Is there a ban on donations from foreign interests to candidates?
Code
No
Comment

There is no legislation regulating political party financing in Vanuatu. However, there is provision within the Leadership Code Act [CAP 240, sections 31, 32, and 33) for candidates who held leadership positions (not only elected officials, but also political appointees and public servants) to provide annual returns on income and assets.

 

Source
3. Is there a ban on corporate donations to political parties?
Code
No
Comment

 There is no legislation regulating political party financing in Vanuatu.

 

 

Source
4. Is there a ban on corporate donations to candidates?
Code
No
Comment

There is no legislation regulating political party financing in Vanuatu. However, there is provision within the Leadership Code Act [CAP 240, sections 31, 32, and 33) for candidates who held leadership positions (not only elected officials, but also political appointees and public servants) to provide annual returns on income and assets.

Source
5. Is there a ban on donations from Trade Unions to political parties?
Code
No
Comment

 There is no legislation regulating political party financing in Vanuatu.

Source
6. Is there a ban on donations from Trade Unions to candidates?
Code
No
Comment

There is no legislation regulating political party financing in Vanuatu. However, there is provision within the Leadership Code Act [CAP 240, sections 31, 32, and 33) for candidates who held leadership positions (not only elected officials, but also political appointees and public servants) to provide annual returns on income and assets.

Source
7. Is there a ban on anonymous donations to political parties?
Code
No
Comment

There is no legislation regulating political party financing in Vanuatu.

Source
8. Is there a ban on anonymous donations to candidates?
Code
No
Comment

There is no legislation regulating political party financing in Vanuatu. However, there is provision within the Leadership Code Act [CAP 240, sections 31, 32, and 33) for candidates who held leadership positions (not only elected officials, but also political appointees and public servants) to provide annual returns on income and assets.

Source
9. Is there a ban on donations from corporations with government contracts to political parties?
Code
No
Comment

 

BLANK

Source
10. Is there a ban on donations from corporations with government contracts to candidates?
Code
No
Comment

BLANK

Source
11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
No
Comment

BLANK

Source
12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
No
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
No
Comment

BLANK

Source
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
No
Comment

There is no legislation regulating political party financing in Vanuatu.

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?
Code
Not applicable
16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
No
Comment

There is no legislation regulating political party financing in Vanuatu.

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?
Code
Not applicable
18. Is there a limit on the amount a donor can contribute to a candidate?
Code
No
Comment

 There is no legislation regulating political party financing in Vanuatu. However, there is provision within the Leadership Code Act [CAP 240, sections 31, 32, and 33) for candidates who held leadership positions (not only elected officials, but also political appointees and public servants) to provide annual returns on income and assets.

Source
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
Comment

There is no legislation regulating political party financing in Vanuatu. However, there is provision within the Leadership Code Act [CAP 240, sections 31, 32, and 33) for candidates who held leadership positions (not only elected officials, but also political appointees and public servants) to provide annual returns on income and assets.

Source
21. Is there a limit on in-kind donations to political parties?
Code
No
Comment

There is no legislation regulating political party financing in Vanuatu.

Source
22. Is there a limit on in-kind donations to candidates?
Code
No
Comment

 There is no legislation regulating political party financing in Vanuatu. However, there is provision within the Leadership Code Act [CAP 240, sections 31, 32, and 33) for candidates who held leadership positions (not only elected officials, but also political appointees and public servants) to provide annual returns on income and assets.

Source
23. Is there a ban on political parties engaging in commercial activities?
Code
No
Comment

 There is no legislation regulating political party financing in Vanuatu.

Source
24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
Comment

There is no legislation regulating political party financing in Vanuatu.

Source
25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
Comment

 There is no legislation regulating political party financing in Vanuatu. However, there is provision within the Leadership Code Act [CAP 240, sections 31, 32, and 33) for candidates who held leadership positions (not only elected officials, but also political appointees and public servants) to provide annual returns on income and assets.

Source
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
Yes
Comment

 Restrictions are limited

 

 

Source

   The January 2014 amendments to Article 13 (3) of the Constitution of the Republic of Vanuatu introduced specifications for the “investor-citizen” category that prevent them from being involved in Vanuatu politics, funding activities that would support political stability in Vanuatu and affiliating or forming political parties. Indigenous and naturalized citizens are exempt from these restrictions. However, there is no assigned regulatory authority to monitor this activity. 

Source: Vanuatu Global Integrity Report 2013

https://www.globalintegrity.org/research/reports/global-integrity-report/global-integrity-report-2013/gir-scorecard-2013-vanuatu/

27. Are there provisions requiring donations to go through the banking system?
Code
No
Comment

 BLANK

Source
Question Value
28. Are there provisions for direct public funding to political parties?
Code
No public funding available
Comment

  There is no legislation for public funding for political parties in Vanuatu, nor is there any current intention to provide such funding.

Source

 Source: Vanuatu Global Integrity Report 2013 https://www.globalintegrity.org/research/reports/global-integrity-report/global-integrity-report-2013/gir-scorecard-2013-vanuatu/

Source: Ralph Regenvanu, Minister for Foreign Affairs, 26.2.2018

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
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
Not applicable
32. Are there provisions for free or subsidized access to media for political parties?
Code
No
Comment

 There is no legislation for public funding for political parties in Vanuatu, nor are there any provisions in media legistlation for free or subsidised access to media for political parties.

Source

 Source: Vanuatu Global Integrity Report 2013 https://www.globalintegrity.org/research/reports/global-integrity-report/global-integrity-report-2013/gir-scorecard-2013-vanuatu/

Source: Vanuatu  Broadcasting and Television Act, 1992.

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Not applicable
34. Are there provisions for free or subsidized access to media for candidates?
Code
No
Comment

There is no legislation for public funding for political parties in Vanuatu, nor are there any provisions in media legistlation for free or subsidised access to media for candidates.

 
Source

 

Source: 

 Source: Vanuatu Global Integrity Report 2013 https://www.globalintegrity.org/research/reports/global-integrity-report/global-integrity-report-2013/gir-scorecard-2013-vanuatu/

Source: Vanuatu  Broadcasting and Television Act, 1992.

35. Are there provisions for any other form of indirect public funding?
Code
No
Comment

There is no legislation for public funding for political parties in Vanuatu, either direct or indirect.

Source
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
Comment

  There is no legislation regulating political party financing in Vanuatu.

Source
Question Value
38. Is there a ban on vote buying?
Code
Yes
Comment

 Bribery is an offence under Part 15 of the Representation of the People Act, 1982.

Source

        "A person commits the offence of bribery if he directly or indirectly by himself or by any other person carries out any of the following actions:

(i)         gives any money or procures any office to or for any voter or to or for any other person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting;

(ii)        corruptly does any such act on account of any voter having voted or refrained from voting; or

(iii)       makes any such gift or procurement to or for any person in order to induce that person to procure, or endeavour to procure, the election of any candidate or the vote of any voter;

or if upon or in consequence of any such gift or procurement he procures or engages, promises or endeavours to procure the election of any candidate or the vote of any voter"

Source: Section 45 (1) Representation of the People Act, 1982.

 

 

 

 

39. Are there limits on the amount a political party can spend?
Code
No
Comment

There is no legislation regulating political party income and expenditure in Vanuatu.

Source
40. If there are limits on the amount a political party can spend, what is the limit?
Code
Not applicable
41. Are there limits on the amount a candidate can spend?
Code
No
Comment

There is no legislation regulating candidate expenditure in Vanuatu. However, there is provision within the Leadership Code Act [CAP 240, sections 31, 32, and 33) for candidates who held leadership positions (not only elected officials, but also political appointees and public servants) to provide annual returns on income and assets. Any decease in assets and income at the time of an election could provide an indirect measure of candidate campaign expediture for leaders.

Source
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
Comment

There is no legislation regulating election expenditure by third parties.  The closest approximation to transparent financing is found in the Leadership Code Act [CAP 240] (sections 31, 32 and 33) which requires leaders, who may be third parties, to provide annual returns on income and assets disposed of in accordance with the Act.

Of relevance are the January 2014 amendments to Article 13 (3) of the Constitution of the Republic of Vanuatu which introduced specifications for the “investor-citizen” category that prevent them from being involved in Vanuatu politics, funding activities that would support political stability in Vanuatu and affiliating or forming political parties. Indigenous and naturalized citizens are exempt from these restrictions. However, there is no assigned regulatory authority to monitor this activity.

 

Source

Source: Official Gazette No. 2 of the Republic of Vanuatu. January 21, 2014. Constitution (Sixth) Amendment Act no. 27 of 2013 and Citizenship (Amendment) Act no. 39 of 2013.

Source:  Vanuatu Global Integrity Report 2013

https://www.globalintegrity.org/research/reports/global-integrity-report/global-integrity-report-2013/gir-scorecard-2013-vanuatu/

44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No
Comment

Blank

Source

Source: Vanuatu  Broadcasting and Television Act, 1992.

45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No
Comment

BLANK

Source

Source: Vanuatu  Broadcasting and Television Act, 1992.

46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No
Comment

Blank

Source

Source: Vanuatu  Broadcasting and Television Act, 1992.

Question Value
47. Do political parties have to report regularly on their finances?
Code
No
Comment

There is no legal requirement for political parties to disclose financial records within a specified timeframe. Financial disclosure is at the discretion of each party.

 

Source
48. Do political parties have to report on their election campaign finances?
Code
No
Comment

 

  There is no legal requirement for political parties to disclose financial records within a specified timeframe. Financial disclosure is at the discretion of each party.

 

Source
49. Do candidates have to report on their election campaign finances?
Code
No
Comment

BLANK

Source
50. Do third parties have to report on election campaign finances?
Code
No
Comment

BLANK

Source
51. Is information in reports from political parties and/or candidates to be made public?
Code
Not applicable
52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Not applicable
53. Must reports from political parties and/or candidates include information on itemized income?
Code
Not applicable
54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Not applicable
55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
No Institution specified
Comment

 The law does not provide for an agency or entity to monitor the financing of individual political candidates’ campaigns. There are no legal requirements for the disclosure of financial donations to political parties. Both the Constitution and the Representation of the People Act [CAP 146] are silent on the regulation of political financing.

Source
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
Other
Comment

The Ombudsman is responsible for investigation of breaches of the Leadership Code

Source

34. a) if the Ombudsman receives a complaint from a person that a leader has breached this Code. or (b) if the Ombudsman has formed the view on reasonable grounds that a leader may have breached this Code.

 

Source:Section 34, Leadership Code Act, 1998

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Other
Comment

Not Applicable.  There is no body which which examines financial reports from political parties, nor are parties required to repare reports.  

Source
58. What sanctions are provided for political finance infractions?
Code
Not applicable
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