Political Finance Database

Congo, Democratic Republic of

Congo, Democratic Republic of

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
Yes
Source

Article 24:
It is forbidden, on pain of dissolution, for political parties to receive directly or indirectly financial or material support from a foreign state.

Source LAW N ° 04/002 OF MARCH 15, 2004

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
No
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
No
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
Yes
Source

Article 23: 'Donations and legacies must be declared to the Ministry having Internal Affairs in his attributions mentioning their origin, nature and value. They must come from persons identified and of non-criminal origin.'
Source LAW N ° 04/002 OF MARCH 15, 2004

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
No
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
Yes
Source

Article 36'The use for electoral purposes of property, finances and staff of the State, enterprises, institutions and public bodies and semi-public companies. The use of the property, finances and public staff referred to above is punishable by the cancellation of the candidacy or the cancellation of the list of the political party, the political group or the self-employed who are guilty of it or whose candidate is guilty of it.'

Source Loi Electorale , Fevrier 2006

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
Yes
Source

Article 36'The use for electoral purposes of property, finances and staff of the State, enterprises, institutions and public bodies and semi-public companies. The use of the property, finances and public staff referred to above is punishable by the cancellation of the candidacy or the cancellation of the list of the political party, the political group or the self-employed who are guilty of it or whose candidate is guilty of it.'Loi Electorale , Fevrier 2006

Article 25: 'The registered political party may receive grants from the State. A law determines the conditions and nature of subsidies allocated to political parties. No political party may use state property or personnel on pain of dissolution.'

Source LAW N ° 04/002 OF MARCH 15, 2004

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
No
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
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
No
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
No
24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
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 data
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
Yes, regularly
Source

Article 25: 'The registered political party may receive grants from
the State. A law determines the conditions and nature of subsidies
allocated to political parties. No political party may use state property or personnel on pain of dissolution.'

Source LAW N ° 04/002 OF MARCH 15, 2004

 

29. What are the eligibility criteria for political parties to receive public funding?
Code
Share of seats in previous election
Source

Article 34 'The registered political party or organization may receive financial assistance from the State, according to the numbers of seats obtained in the parliament.'

Source: Decret-loi No. 194 Relatif aux Partis et Regroupements Politiques, 1999

30. What is the allocation calculation for political parties to receive public funding?
Code
Proportional to votes received
Source

Article 34 'The registered political party or organization may receive financial assistance from the State, according to the numbers of seats obtained in the parliament.'

Source: Decret-loi No. 194 Relatif aux Partis et Regroupements Politiques, 1999

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
No
32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Source

Article 19: Legally constituted political parties have the right of free access and equal treatment by the public media in the context of weekly programs and programs to make their opinions known and to read the communiqués adopted or signed by their statutory bodies. The coverage of their statutory and public events and the distribution of their press releases are balanced by the public information bodies, and in particular by the radio, television and the Congolese News Agency, in strict compliance pluralism and objectivity, in accordance with the rules of professional conduct applicable to the profession journalist. In addition, legally constituted political parties are invited as such to participate in programs of a political, economic, scientific, cultural, social, sports forms. The High Authority for the Media ensures the proper execution of the this provision.

Source LAW N ° 04/002 OF MARCH 15, 2004

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Equal
Source

Article 19: Legally constituted political parties have the right of free access and equal treatment by the public media in the context of weekly programs and programs to make their opinions known and to read the communiqués adopted or signed by their statutory bodies. The coverage of their statutory and public events and the distribution of their press releases are balanced by the public information bodies, and in particular by the radio, television and the Congolese News Agency, in strict compliance pluralism and objectivity, in accordance with the rules of professional conduct applicable to the profession journalist. In addition, legally constituted political parties are invited as such to participate in programs of a political, economic, scientific, cultural, social, sports forms. The High Authority for the Media ensures the proper execution of the this provision.

Source LAW N ° 04/002 OF MARCH 15, 2004

Art 33 The High Media Authority ensures that the principle of equality between candidates is respected in media information programs in regarding reproduction and commentary of statements, writings, activities of the candidates and the presentation of their person. The High Media Authority intervenes, where appropriate, with the competent authorities to take all measures likely to ensure this equality. Conditions of access to public and private media for the purpose of
electoral campaign are stopped by the High Media Authority in consultation with the Independent Electoral Commission.

Loi Electorale , Fevrier 2006

 

 

34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Source

Art 33 The High Media Authority ensures that the principle of equality between candidates is respected in media information programs in regarding reproduction and commentary of statements, writings, activities of the candidates and the presentation of their person. The High Media Authority intervenes, where appropriate, with the competent authorities to take all measures likely to ensure this equality. Conditions of access to public and private media for the purpose of
electoral campaign are stopped by the High Media Authority in consultation with the Independent Electoral Commission.

Loi Electorale , Fevrier 2006

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
No
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

 

Article 88 'Is punished by a principal penal servitude of six months to five years and a fine of 100,000 to 500,000 Congolese francs constant, any person
who : 1. use threats, violence, insults to an elector or assault in order to determine it to refrain from taking vote or influence his choice; 2. hires, posts an individual or brings together a group of armed or not for the purpose of intimidating voters or disturbing the order before, during or after the vote; 3. commits or incites to commit violence in an office of vote. In the case of armed gangs or groups, the guilty parties are punished penalties provided by the Congolese penal code.

Loi Electorale , Fevrier 2006

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
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 data
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
Yes
Source

Article 21: Each political party is obliged to: report annually to the Ministry  of Interior, at the latest in the fortnight following the anniversary date of its registration, names, professions and homes of those who, whatever, are responsible for its central administration; b. deposit, each year, with the Minister having Internal Affairs in its attributions, no later than 31 March, the financial account of the past financial year.

Loi Electorale , Fevrier 2006

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

Article 21: Each political party is obliged to: report annually to the Ministry  of Interior, at the latest in the fortnight following the anniversary date of its registration, names, professions and homes of those who, whatever, are responsible for its central administration; b. deposit, each year, with the Minister having Internal Affairs in its attributions, no later than 31 March, the financial account of the past financial year.

Loi Electorale , Fevrier 2006

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
Ministry
Source

Article 21: Each political party is obliged to: report annually to the Ministry  of Interior, at the latest in the fortnight following the anniversary date of its registration, names, professions and homes of those who, whatever, are responsible for its central administration; b. deposit, each year, with the Minister having Internal Affairs in its attributions, no later than 31 March, the financial account of the past financial year.

Source Loi Electorale , Fevrier 2006

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

Article 21: Each political party is obliged to: report annually to the Ministry  of Interior (...) his account must show that the party does not benefit other resources than those from grants State contributions, donations and legacies of its adherents and supporters, securities and real estate properties and the revenue generated on the occasion of events or publications. When a political party does not comply with the prescribed this article, the Minister of Internal Affairs in his attributions call him to order. Failing to comply, the political party is suspended until it complies with provisions of this article.

Loi Electorale , Fevrier 2006

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

Article 21: Each political party is obliged to: report annually to the Ministry  of Interior (...) When a political party does not comply with the prescribed this article, the Minister of Internal Affairs in his attributions call him to order. Failing to comply, the political party is suspended until it complies with provisions of this article.

Loi Electorale , Fevrier 2006

58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Prison
  • Deregistration of party
  • Loss of nomination of candidate
  • Loss of political rights
  • Suspension of political party
  • Other
Source

Article 36'The use for electoral purposes of property, finances and staff of the State, enterprises, institutions and public bodies and semi-public companies. The use of the property, finances and public staff referred to above is punishable by the cancellation of the candidacy or the cancellation of the list of the political party, the political group or the self-employed who are guilty of it or whose candidate is guilty of it.'

Source Loi Electorale , Fevrier 2006

Article 21: Each political party is obliged to: report annually to the Ministry  of Interior, at the latest in the fortnight following the anniversary date of its registration, names, professions and homes of those who, whatever, are responsible for its central administration; b. deposit, each year, with the Minister having Internal Affairs in its attributions, no later than 31 March, the financial account of the past financial year. This account must show that the party does not benefit other resources than those from grants State contributions, donations and legacies of its adherents and supporters, securities and real estate properties and the revenue generated on the occasion of events or publications. When a political party does not comply with the prescribed this article, the Minister of Internal Affairs in his attributions call him to order. Failing to comply, the political party is suspended until it complies with provisions of this article.

Loi Electorale , Fevrier 2006

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