Annex A. Framework on financing democracy: Supporting better public policies and averting policy capture
Copy link to Annex A. <strong>Framework on financing democracy: Supporting better public policies and averting policy capture</strong>|
Overall objective |
Policy options and specific risks to mitigate |
|
|---|---|---|
|
Promoting a level playing field |
Balancing funding through direct and indirect public contributions |
Direct funding that entails a monetary transfer to parties, candidates: • clear and equitable criteria, such as equal access and proportionality • provision to promote gender equality. Indirect funding, including tax exemptions, subsidised access to media, meeting rooms, etc. Unintended consequences may include: Risk of an unbalanced playing field for the challengers and smaller parties if, for example, the criteria of allocation is based on past electoral performance. |
|
Framing private funding |
Banning certain types of private contributions, in particular: • foreign interest • corporations with government contracts or partial government ownership • corporate donations, trade unions, etc. Limiting anonymous donations. Unintended consequences may include: Risks of avoidance through third-party funding and other legislative loopholes. |
|
|
Applying spending limits |
Clear limits based on absolute amount, percentage of total public funding, certain amount per citizen in the electoral district, etc. Unintended consequences may include: Risk of avoidance through third-party funding Risk of an uneven playing field for the challengers if there is an abuse of state resources by the incumbent. |
|
|
Limiting privileged access to state resources |
Controlling abuse of state resources: • ban the use of state resources for political purposes • ban state resources being given to, or received by, political parties or candidates (except regulated public funding) • ban disproportionate government spending on advertising before or during campaigns, hiring new public servants and signing large public contracts. Unintended consequences may include; Risk of avoidance if the incumbents use the public resources to campaign for their votes in the name of “carrying out their legislative duties”. |
|
|
Ensuring transparency and accountability |
Requiring disclosures |
Requiring comprehensive reporting, including: • timely provision of information. Not limiting reporting to only how public funds have been spent, but also include private donations. |
|
Enabling scrutiny |
Timely, reliable, accessible and intelligible public disclosure of reports. Promote media and civil society scrutiny. |
|
|
Fostering a culture of integrity |
Applying the integrity framework in the public sector |
Code of conduct. Conflict of interest and asset disclosure provisions. Disclosure on lobbying. Risk mapping. Whistleblower protection. |
|
Promoting standards of professionalism, integrity and transparency in private donors |
Self-regulation of financing of political parties and electoral campaigns: • appropriate accounting practices • private sector codes of conduct • responsible lobbying. |
|
|
Ensuring compliance and review |
Assuring independent and efficient oversight |
Strengthen independence of monitoring body and process: • independent appointment of members • ensure the security of tenure to members • independent budget for the body to conduct monitoring. Provide capacity: • sufficient resources • specialised auditing capacities and methodologies. Unintended consequences may include: Risk of over-complication of procedures among many different institutions. |
|
Applying dissuasive and enforceable sanctions |
Proportionate and dissuasive sanctions, for example: • lose public subsidies • confiscation of illegal donations or funds • fines • criminal charges such as imprisonment • ineligibility: loss of elected office, forfeiting right to run for elections • deregistration or suspension of a political party. Enforcement of sanctions in a timely manner. |
|
|
Appraising the system |
Reviewing periodically - with the involvement of stakeholders - the functioning of the system and making necessary adjustments: • identify new risks to the policy objectives of the system • identify mitigation strategies. |
|
|
Support to political parties |
Providing support to political parties to help them comply with regulations: • setting up a support unit within the monitoring agency focused on supporting compliance • dialogue between parties and monitoring agencies in order to facilitate adherence to the rules and allow for better understanding of political finance. |
|