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2007 Assessment

Vanuatu: Integrity Indicators Scorecard

Vanuatu: Integrity Scorecard Report > Sub-Category: Political Financing
Indicators   Score
20 Are there regulations governing political financing? 0
21 Are the regulations governing political financing effective? 0
22 Can citizens access records related to political financing? 0

Indicator and sub-Indicator Details

20 Are there regulations governing political financing?
 
  20a: In law, there are regulations governing private contributions to political parties.
 
Score: YES  NO score
  Comments: There is no specific law at this stage. Article 17 enables citizens to form parties.

References: Constitution, Article 17 (1)

  20b: In law, there are limits on individual donations to candidates and political parties.
 
Score: YES  NO score
  Comments: There is no specific law at this stage. Article 17 enables citizens to form parties.

References: Constitution, Article 17 (1) - www.paclii.org/vu/legis/consol_act/cotrov406/

  20c: In law, there are limits on corporate donations to candidates and political parties.
 
Score: YES  NO score
  Comments: There is no specific law at this stage. Article 17 enables citizens to form parties.

References: Constitution, Article 17 (1) - www.paclii.org/vu/legis/consol_act/cotrov406/

Peer Review Comments: There are no laws that require the disclosure of how parties receive their funds, or what those funds are spent upon. The perception is that some parties have close links with certain members of the business community, and this affects the actions of the party. However, without rules about disclosure, such perceptions remain no more than speculation. (NIS 2004)

  20d: In law, there are limits on total political party expenditures.
 
Score: YES  NO score
  Comments: There is no specific law at this stage. Article 17 enables citizens to form parties.

References: Constitution, Article 17 (1) - www.paclii.org/vu/legis/consol_act/cotrov406/

Peer Review Comments: The comments above state "Article 17 enables citizens to form parties." This is not relevant. What is relevant is whether or not there are limits on total political party expenditures and there are none, so the "no criteria" option is correct.

  20e: In law, there are requirements for disclosure of donations to political candidates and parties.
 
Score: YES  NO score
  Comments: There is no specific law at this stage. Article 17 enables citizens to form parties.

References: Constitution, Article 17 (1) - www.paclii.org/vu/legis/consol_act/cotrov406/

  20f: In law, there are requirements for the independent auditing of the finances of political parties and candidates.
 
Score: YES  NO score
  Comments: There is no specific law at this stage. Article 17 enables citizens to form parties.

References: Constitution, Article 17 (1) - www.paclii.org/vu/legis/consol_act/cotrov406/

Peer Review Comments: If a candidate is already a member of parliament and is running for re-election or if the candidate is otherwise classified as a "leader" by s. 67 of the Constitution or s. 5 of the Leadership Code Act of 1998, then Part 4 ss. 31-33 of the Leadership Code Act 1998 will have previously required the candidate to submit annual financial returns. This provision is not part of the electoral process, however, but rather audits the finances of leaders once they are in office. There is no such mechanism for political parties.

  20g: In law, there is an agency or entity that monitors the political financing process.
 
Score: YES  NO score
  Comments: There is no specific law at this stage. Article 17 enables citizens to form parties.

References: Constitution, Article 17 (1) - www.paclii.org/vu/legis/consol_act/cotrov406/

21 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  75  50  25  0  score
  Comments: There are no regulations on political financing.

References: Daily Post Chief Editor Kierry Mannaseh

Peer Review Comments: This question is not applicable in Vanuatu as there are no limits on campaign financing.

  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  75  50  25  0  score
  Comments: There are no regulations on political financing.

References: Daily Post Chief Editor Kierry Mannaseh

Peer Review Comments: There are no limits on campaign financing including corporate donations to candidates and political parties. With no limits (and no transparency in financing) there are no restrictions on a company's ability to financially support a candidate or political party.

  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  75  50  25  0  score
  Comments: There are no regulations on political financing.

References: Daily Post Chief Editor Kierry Mannaseh

  21d: In practice, when necessary, an agency or entity monitoring political financing independently initiates investigations.
 
Score: 100  75  50  25  0  score
  Comments:

References: Daily Post Chief Editor Kierry Mannaseh

Peer Review Comments: NIS report states that "there is also a substantiated instance of a candidate using misappropriated public money to bribe voters." (Ombudsman Report 06/98) but what is not clear is whether the ombudsman regularly reports on these issues.

Peer Review Comments: No agency has clear responsibility for monitoring political financing independently or initiating investigations. The Australian AusAID commissioned report "The Unfinished State: Drivers of Change in Vanuatu" (April 2007) states on p. 62 cites lack of effective regulation, lack of transparency, absent or ineffective rules on conflicts of interest and weakness of legitimate avenues for private sector lobbying.

  21e: In practice, when necessary, an agency or entity monitoring political financing imposes penalties on offenders.
 
Score: 100  75  50  25  0  score
  Comments: There are no regulations on political financing.

References: Daily Post Chief Editor Kierry Mannaseh

Peer Review Comments: As there are no regulations on political financing this question is not applicable.

  21f: In practice, contributions to political parties and candidates are audited.
 
Score: 100  75  50  25  0  score
  Comments: There are no regulations on political financing.

References: Daily Post Chief Editor Kierry Mannaseh

Peer Review Comments: Definitely not. Many contributions to political parties and candidates are made covertly or anonymously. No one knows exactly which political party or candidate is being funded by whom.

22 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  75  50  25  0  score
  Comments: There are no regulations on political financing.

References: Daily Post Chief Editor Kierry Mannaseh

Peer Review Comments: Unless financial supporters are open about their contributions (such as the Dinh Van Than head of the Vanuatu National Party) in practice, political parties and candidates hardly ever disclose data relating to financial support and expenditures at all, let alone within a reasonable time period. Data relating to financial support and expenditures is kept anonymous, secret and confidential. It is not transparent.

  22b: In practice, citizens can access the financial records of political parties and candidates within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: The majority of citizens are not concerned with or interested in the financial records of the political parties and candidates and, if they are, it may not be possible due to different kinds of delays.

References: Daily Post Chief Editor Kierry Mannaseh

Peer Review Comments: Disagree with the comments the "majority of the citizens are not concerned or interested with the financial records of the political parties and candidates." They are interested in financing arrangements and these are frequently talked about (for example, that the Green Party and its candidates are funded largely by segments within the Offshore Finance Centre). However, the lack of regulation of political party financing means that citizens have very little idea of the extent of financial support of parties and candidates.

  22c: In practice, citizens can access the financial records of political parties and candidates at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments: There are no regulations on political financing.

References: Daily Post Chief Editor Kierry Mannaseh

Peer Review Comments: Any cost in a least-developed country is a major cost for a citizen.

Peer Review Comments: The financial records of political parties and candidates are not available and open to citizens at any cost.

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