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2007 Assessment

Timor-Leste: Integrity Indicators Scorecard

Timor-Leste: Integrity Scorecard Report > Sub-Category: Political Financing
Indicators		Score
20	Are there regulations governing political financing?	43
21	Are the regulations governing political financing effective?	4
22	Can citizens access records related to political financing?	25

Indicator and sub-Indicator Details

Are there regulations governing political financing?

20a: In law, there are regulations governing private contributions to political parties.

Score:

YES

Comments: There are regulations governing political parties broadly, but no specific laws or regulations governing private financial contributions to parties.

References: Political party laws Interview with Dr. Francisco Guterres, at his office, on 2 August 2007 (Dr. Francisco used to be head of an NGO doing research on economic development in ET; he is currently appointed as secretary of state of defense)

20b: In law, there are limits on individual donations to candidates and political parties.

Score:

YES

Comments:

References: Interview with Dr. Francisco Guterres, at his office, on 2 August 2007 (Dr. Francisco used to be head of an NGO doing research on economic development in ET; he is currently appointed as secretary of state of defense)

20c: In law, there are limits on corporate donations to candidates and political parties.

Score:

YES

Comments:

20d: In law, there are limits on total political party expenditures.

Score:

YES

Comments:

20e: In law, there are requirements for disclosure of donations to political candidates and parties.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are any requirements mandating the disclosure of financial contributions to political parties or candidates. NO: A NO score is earned if there are no requirements mandating the disclosure of contributions to political parties or candidates, existing regulations do not require a donor\'s name or amount given, or the regulations allow for anonymous donations.$

Comments:

References: Political Party Law, 2004 Section 26 Interview with Dr. Francisco Guterres, at his office, on 2 August 2007 (Dr. Francisco used to be head of an NGO doing research on economic development in ET; he is currently appointed as secretary of state of defense)

Peer Review Comments: Political Party Law, 2004, Section 26 Publication of Accounts Party accounts must be published in the Official Gazette, free of charge, accompanied by the opinion of the competent statutory organ for review.

20f: In law, there are requirements for the independent auditing of the finances of political parties and candidates.

Score:

YES

Comments:

20g: In law, there is an agency or entity that monitors the political financing process.

Score:

YES

Comments: The Audit Court is a provision of the RDTL Constitution; however, it has not been implemented yet. No such court has been established yet.

References: Constitution of RDTL, article 129 Interview with Dr. Francisco Guterres, at his office, on 2 August 2007 (Dr. Francisco used to be head of an NGO doing research on economic development in ET; he is currently appointed as secretary of state of defense)

Are the regulations governing political financing effective?

21a: In practice, the limits on individual donations to candidates and political parties are effective in regulating an individual's ability to financially support a candidate or political party.

Score:

100

Comments: It is not clear; there is no law.

21b: In practice, the limits on corporate donations to candidates and political parties are effective in regulating a company's ability to financially support a candidate or political party.

Score:

100

Comments: While there are theoretical limits in law, in practice they are routinely ignored and not enforced whatsoever.

Peer Review Comments: There are some entities restricted or prohibited. See Political Party Law, Section 22

Parties shall be prohibited to accept donations in cash from: a) public companies; b) companies, the capital stock of which belongs exclusively or mostly to the State; c) public service corporations; d) corporate bodies of public interest committed to philanthropic or religious activities; e) professional, labor or employer's associations; f) foundations; g) governments or foreign corporate bodies.

21c: In practice, the limits on total party expenditures are effective in regulating a political party's ability to fund campaigns or politically-related activities.

Score:

100

Comments:

21d: In practice, when necessary, an agency or entity monitoring political financing independently initiates investigations.

Score:

100

Comments: No such system is operating in the country.

21e: In practice, when necessary, an agency or entity monitoring political financing imposes penalties on offenders.

Score:

100

Comments:

21f: In practice, contributions to political parties and candidates are audited.

Score:

100

Comments: CNE is doing this type of auditing; however, this is only related to election activities in which political parties are supported by the government or international funds (e.g., UNDP).

Peer Review Comments: Whereas donor funds used to finance elections may be audited, there is no real attempt to monitor or audit private funds to political parties/campaigns.

Can citizens access records related to political financing?

22a: In practice, political parties and candidates disclose data relating to financial support and expenditures within a reasonable time period.

Score:

100

Comments: CNE is doing this type of auditing; however, this is only related to election activities in which political parties are supported by the government or international funds (e.g., UNDP).

Peer Review Comments: There are loose provisions for this in the Political Party Law, but there is no specific mechanism in place.

22b: In practice, citizens can access the financial records of political parties and candidates within a reasonable time period.

Score:

100

Comments: CNE is doing this type of auditing; however, this is only related to election activities in which political parties are supported by the government or international funds (e.g., UNDP).

Peer Review Comments: There are loose provisions for this in the Political Party Law, but there is no specific mechanism in place.

22c: In practice, citizens can access the financial records of political parties and candidates at a reasonable cost.

Score:

100

Comments: CNE is doing this type of auditing; however, this is only related to election activities in which political parties are supported by the government or international funds (e.g., UNDP).

A few political parties have previously published financial information, but these have been the exception, not the rule.