Afghanistan
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
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2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
Electoral Law of Afghanistan, 2010 Article 63, 'The following acts shall constitute Electoral Offences:p. Making use of foreign funds for the purpose of influencing the electoral process;' Ohman, Magnus (2009) Campaign finance oversight in the 2009 Presidential elections in Afghanistan. IFES Political Finance White Paper Series, No 7 P 6, 'The 2005 Electoral Act admittedly gives candidates access to public media (Article 50 (2)) and it makes vote buying, the use of illegal funds and the use of foreign funds ?for the purpose of influencing the electoral process? into electoral offences (Article 53 e, o & p), but these are also the only aspects of campaign finance that are dealt with in the law.' |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
|
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
Ban only applies to Presidential Candidates.? |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
|
7. Is there a ban on anonymous donations to political parties? |
Code
No
|
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
No direct ban, but de facto ban through recording requirements for the 2009 Presidential elections (the same rules not mentioned for the 2010 Parliamentary elections).
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9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Comment
All donations from corporations are banned. Source
Art 15, "(1) Political parties may receive income from the following sources: (a) Membership contributions (b) Donations by Afghan natural persons up to two million Afghani per year (c) Income from a party’s movable and immovable property (d) Subsidies by the government in connection with elections (e) Other contributions by members" (Source: Political Parties Law, 1369) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Comment
All donations from corporations to candidates are banned. Source
Art 3, "1. Only the following persons are allowed to make contributions for the electoral campaign of candidates: a) Afghan citizens b) A political party registered to participate in the elections in accordance with the relevant regulations." (Source: Regulation on Political Campaign Finance Disclosure, 2009) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
All donations from corporations are banned. Source
Art 15, "(1) Political parties may receive income from the following sources: (a) Membership contributions (b) Donations by Afghan natural persons up to two million Afghani per year (c) Income from a party’s movable and immovable property (d) Subsidies by the government in connection with elections (e) Other contributions by members" (Source: Political Parties Law, 1369) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
All donations from corporations to candidates are banned. Source
Art 3, "1. Only the following persons are allowed to make contributions for the electoral campaign of candidates: a) Afghan citizens b) A political party registered to participate in the elections in accordance with the relevant regulations." (Source: Regulation on Political Campaign Finance Disclosure, 2009) |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
|
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for natural persons
Comment
Natural persons can donate maximum 2 million Afghanis per year [I$ 106,000] Source
Art 15, "Political part ies may receive income from the following sources: (a) Membership contributions (b) Donations by Afghan natural persons up to two million Afghani per year (c) Income from a party’s movable and immovable property (d) Subsidies by the government in conne ction with elections (e) Other contributions by members" (Political Parties Law, 1369) |
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
Annual limit is 2 million Afghani [I$ 106,000] (only natural persons can donate)
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No
Comment
Regular limit applies 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
Yes, for both natural and legal persons
Comment
Limit only for donations to Parliamentary, not Presidential candidates. Source
Art 3, "The total amount of financial contributions to candidates made by the persons mentioned in paragraph (1) of this article is subject to the following limitations: a. Up to 50,000 Afghanis by natural persons; b. Up to 500,000 Afghanis by legal persons." (Source: Regulation on Campaign Finance Disclosure by Wolesi Jirga Candidates) |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
50,000 Afghanis [I$ 2,700] by natural persons/500,000 Afghanis [I$ 27,000] by legal persons
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20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
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21. Is there a limit on in-kind donations to political parties? |
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22. Is there a limit on in-kind donations to candidates? |
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23. Is there a ban on political parties engaging in commercial activities? |
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24. Is there a ban on political parties taking loans in relation to election campaigns? |
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25. Is there a ban on candidates taking loans in relation to election campaigns? |
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26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
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27. Are there provisions requiring donations to go through the banking system? |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
No public funding available
Comment
While legislation states that public funding could be supplied, there is no provision that such funds will be provided. |
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
|
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
Yes
|
35. Are there provisions for any other form of indirect public funding? |
Code
No
Comment
BLANK
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36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Not applicable
Comment
No direct public funding.
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37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
Comment
Women candidates have to pay the same nomination fee as men, but it will be refunded to them even if they do not reach the stipulated vote thresholds (10% for Presidential elections, 2% for provincial council elections)
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| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
|
39. Are there limits on the amount a political party can spend? |
Code
No
|
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
.
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42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not applicable
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43. Are there limits on the amount that third parties can spend on election campaign activities? |
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44. Are there limits on traditional media advertising spending in relation to election campaigns? |
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45. Are there limits on online media advertising spending in relation to election campaigns? |
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46. Do any other restrictions on online media advertisement (beyond limits) exist? |
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Income only. The frequency of reporting is not specified.
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48. Do political parties have to report on their election campaign finances? |
Code
No
|
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
Parliamentary candidates report 48 hours before polling and Presidential candidates 30 days after elections.
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50. Do third parties have to report on election campaign finances? |
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51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
|
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
Names are only to be revealed if contributions are over 50,000 Afghanis [I$ 2,700] (this relates only to Presidential candidates, note that for Parliamentary elections the total value of donations from an individual must not exceed 50,000 Afghanis).
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53. Must reports from political parties and/or candidates include information on itemized income? |
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54. Must reports from political parties and/or candidates include information on itemized spending? |
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55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
Independent Election Commission.
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56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Comment
Independent Election Commission.
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57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
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58. What sanctions are provided for political finance infractions? |
Code
Comment
Violations of political finance regulations trigger the rules of electoral offences in the Electoral Law of 2010. Sanctions there also include warnings and the invalidation of ballot papers.
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