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In 40 countries, it’s mandatory for political parties to put their finances in public domain

If you read this researched study done by RTI scholar-activist Venkatesh Nayak on the transparency in finances of political parties across 40 under-developed, developing and developed countries, you would be ashamed at the ruckus being created by our politicians in India
 

The latest news on passing the Bill to keep political parties away from Right to Information (RTI) Act is that it would be perhaps passed today and not referred to the Standing Committee, which involves public consultation.

 

The RTI (Amendment) Bill almost got passed in the Lok Sabha on Wednesday night, says Venkatesh Nayak, in-charge of the Access to Information programme of Commonwealth Human Rights Initiative (CHRI). “However, members of Parliament (MPs) insisting on discussing the natural disaster in Uttarakhand managed to stall the discussion. Now this bill is listed as item no 11 today (Thursday, September 5). Watching the haste with which the government tried to push the Bill through the Lok Sabha today, it does not look like it will be referred to a Committee. However, if the members of the principal Opposition Party voice their misgivings on the Bill, there may be some hope.’’

 

Rajeev Chandrasekhar, an independent MP, is also apposing the move. In a statement, he said, "It would be odd to argue that transparency is good for all State organs but not so good for political parties, which, in reality, control all the vital organs of the State. The RTI act amendments introduced in Parliament is - a move by political parties to prevent the move by CIC to bring more transparency into functioning of Political parties and their fund raising. Petition your MPs and make sure he/she hears from you about how important this transparency is! And to stop this amendment."

 

While we will wait and watch today, Nayak has done commendable study on 40 countries, some who are way behind us too, having laws, which make it mandatory for political parties. Two of our small-sized neighbours, Nepal and Bhutan too have such laws in place. Bhutan has a Public Election Fund Act of Bhutan, 2008, which requires political parties to make available details of their bank accounts and campaign finance records for public inspection in the manner and at a place specified by the Election Commission. In Nepal, their Political Party Act, 2002 requires political parties to publish their annual reports and statement of accounts and expenditure.

 

In plush Sweden, the Joint Agreement adopted by political parties represented in Parliament requires them to publicise contributions from legal persons mentioning names and the amounts received. Similarly, in Germany, The Basic Law (Constitution) and the Political Parties Act, 1967 requires political parties to publicly account for the sources of their funding. In Fiji Islands and Japan, any citizen can access financial records of political parties by paying a fee.

 

All this goes to show that India is represented by generally corrupt politicians who have deep rooted vested interests. Read below Nayak’s compilation on the 40 countries. Feedback is welcome.
 

Proactive Disclosure of Financial Information:

1) Armenia: Law of the Republic of Armenia on Political Parties, 2002 requires every registered political party to publish through the print media an annual report of its income and assets and their manner of use. Parties are State funded.

2) Austria: Political Parties Act requires all registered political parties to publish their annual statement of accounts in the Official Gazette. Parties receive both public and unlimited private funding.

3) Bhutan: Public Election Fund Act of Bhutan, 2008 requires political parties to make available details of their bank accounts and campaign finance records for public inspection in the manner and at a place specified by the Election Commission.

4) Brazil: Electoral Law, 2010 requires all political parties, coalitions and candidates to disclose on the Internet website created by the Electoral Court, their income and finance and campaign expenses along with names of donors and amounts contributed.

5) Bulgaria:  Political Parties Act, 2009 requires political parties to keep a public register of and display through their own website names of donors and types of donations received in cash (amount must be disclosed) and kind; annual statement of accounts; ownership of and transactions in immovable property and the names of agencies hired for the purpose of managing public relations.

6) Côte d'Ivoire:  Act in the Financing of Public Funds for Political Parties, and Groups and Candidates in the Presidential Election, 2004 requires political parties receiving State funding to publish their statement of accounts and expenditure annually.

7) Croatia:  Political Activity and Electoral Campaign Financing Act, 2011 requires political parties to disclose on their websites all documents submitted relating to campaign finance submitted to the Minister of Finance. Every six months they must also display details of donations received by them and their members elected to Parliament.

8) Cyprus: Law on Political Parties, 2011 requires all political parties to publish a summary of their financial accounts through newspapers (dailies).

9) Estonia:  Political Parties Act, 1994, requires all political parties to publish their annual reports (including financial report) in the Official Gazette (Riigi Teataja Lisa). Political Parties are State funded.

10)France:  Law No. 88-227,  1988 requires the National Commission for Campaign Accounts and Political Funding (CNCCFP) to publish the consolidated balance sheet and profit and loss accounts of political parties in the Official Gazette annually. Candidates’ election expenditure is also published in condensed form in the Official Gazette. The Official Gazette is available in printed and electronic form through the Internet. Political parties are funded by the State and private donors subject to limitations.

11)Georgia:  Organic Law of Georgia on Political Unions of Citizens, 1997  requires political parties to publish their audited financial accounts along with the auditors’ comments in the press. Political parties are funded by the State and private donors subject to limitations.

12)Ghana: The Constitution requires every political party to publish their audited statement of accounts every year [Art. 55(14)]

13)Greece:  Law No. 3023 of June 2002 on the public funding of political parties, requires political parties receiving regular public funding to publish their yearly balance sheet in at least two daily newspapers published out of Athens. Citizens can access the reports of campaign expenditure filed by candidates from the Control Committee of the Ministry of the Interior. Political parties receive private funding also, subject to limitations.

14)Guinea-Bissau:  The  Framework Law on Political Parties, 1991 requires all political parties to publish their financial accounts in the Official Gazette. Political parties receive both State funding and private donations subject to limitations.

15)Hungary: Act C of 1997 on Electoral Procedure requires all political parties and independent candidates to publish in the Official Gazette the amounts, sources and manner of utilization of state subsidies and other funds received. Political parties receive private funding also, subject to limitations.

16)Italy:  Law 659/1981  requires political parties to publish their financial statements along with attached notes, and a summary of their operations in two newspapers every year. One of these newspapers must have national circulation. Political parties receive public and private funding subject to limitations.

17)Kazakhstan: The Law on Political Parties, 2002 requires all political parties to ensure that every citizen has access to all documents, resolutions and sources of information affecting their rights and interests.

18)Kenya:  Political Parties Act, 2011  requires all political parties to publish their sources of funding including amounts received, income and expenditure and assets and liabilities every year in two newspapers having nation-wide circulation. Failure to publish may invite a fine of up to one million shillings and or imprisonment for a period not less than two years. Political parties receive State and private funding subject to limitations.

19)Kyrgystan:  Law on Political Parties, 1999  requires all political parties to publish annual income and expenditure reports including donations received and amounts through the mass media. Political parties do not receive State funding.

20) Luxembourg: Act of 21 December 2007 regulating the financing of political parties, requires all political parties to publish their accounts statements and balance sheets in the Official Gazette. Political parties receive State and private funding subject to limitations.

21)Macedonia:  Law on Financing Political Parties, 2004  requires political parties to upload their financial statements every year on their respective websites. The statements include information about donations, gifts, contributions, material assets, equipment, services, personal incomes, membership fees collected and the total expenditure incurred.

22)Mongolia:  Law on Political Parties, 2005 requires all political parties to publish donations received and their audited annual statement of accounts.

23)Nepal: Political Party Act, 2002 requires political parties to publish their annual reports and statement of accounts and expenditure. The identity of donors contributing more than NRs 25,000 must be disclosed. The Election Commission may impose a penalty of NRs 100 on a political party that fails to publish this information. Political parties are also covered by the Right to Information Act, B.S. 2064 (2007).

24)Nicaragua:  Electoral Law No. 331 of 2000 requires all political parties to publish their financial records every year and send a copy to the Supreme Electoral Council. Private contributions to political parties must also be publicised.

25)Poland: Act on Access to Public Information, 2001  covers political parties. Under this law any citizen may access information from political parties subject to exemptions listed in the laws.

26)Romania: Law No. 334/2006 on the financing of the activity of political parties and election campaigns requires political parties to publish, in the Official Gazette, the list of donors who contribute more than 10 times the minimum monthly wage to their coffers every year. Names, contact details and amounts of donations received from individuals and organisations must also be disclosed in the same manner.

27)Slovenia:  Political Parties Act, 2007  requires political parties to publish, in the Official Gazette, a summary of their annual reports including financial accounts. Political parties receive State and private funding subject to limitations.

28)Suriname: The Constitution requires all political parties to publish their sources of income and statement of accounts in the Official Gazette and at least one newspaper.

29)Sweden:  The Joint Agreement  adopted by political parties represented in Parliament requires them to publicise contributions from legal persons mentioning names and the amounts received. Contributions received from individuals are disclosed as a total amount and the total number of contributors only. Any person may inspect the audited statement of accounts and expenditure of such political parties at their offices.

30)Tajikistan:  Law on Political Parties 1998 requires political parties to publish annually their financial reports indicating source of funds, amounts and expenditure and the extent of property owned along with information on taxes paid.

31) Tunisia: Decree No. 87 for the year 2011 requires all political parties to publish their audited financial statements on their websites and also in one national newspaper.

32)Turkey:  Some political parties voluntarily publish a summary of their financial statements on their websites. There is no statutory requirement to do so.

33)Ukraine: Law on Political Parties, 2011 requires all political parties to publish in the Official Gazette details of income, expenditure and property, owned every month.

34)Uzbekistan:  Law on Financing of Political Parties, 2004  requires all political parties to publish their annual budgets and accounts statements.

II. Direct Access to Information by Request:

35) Fiji: Political Parties (Registration, Conduct, Funding and Disclosures) Decree, 2013 requires all political parties to permit any person on payment of a prescribed fee, to inspect, and obtain copies the following records maintained by the offices of political parties: Party constitution, membership register, policies and plans, details of contributions received in cash and kind, estimates of expenditure, particulars of property owned and latest audited books of accounts.

III. Access through Parliament, Ministries and other Regulatory Bodies:

36)Czech Republic:  Law on Political Parties and Movements, 1991 treats all financial records submitted by political parties to Parliament as public records. Any citizen can access them from the Library of the Chamber of Deputies (Parliament) including names and addresses of donors and amounts contributed. Parties are funded by the State and private donors, subject to limitations.

37)Denmark:  Private Contribution to Political Parties and Publication of the Accounts of Political Parties Act, 1990 requires political parties to submit their annual balance sheets with names of donors (without mentioning amounts contributed) to Parliament. Any citizen can access this information from Parliament. Parties are funded by the State and private donors, subject to limitations.

38)Germany: The Basic Law (Constitution) and the Political Parties Act, 1967 require political parties to publicly account for the sources of their funding. Political parties receiving donations from natural and legal persons must submit a statement of accounts to the German Bundestag (Parliament) every year. The President of the Bundestag causes publication of the statement of accounts in the Bundestag paper (official website) available in hard copy and on its Internet website. Any citizen may access these publications.

39)Japan:  The Political Fund Control Act, 1948 requires political parties to submit statement of accounts to the Ministry of General Affairs and Local Elections Management Council (depending on whether elections are to Parliament or local bodies). These organizations permit free inspection of these records for any person. The information is also made publicised through the Official Gazette and the websites of these organizations.

40)Portugal:  Law No. 19/2003 relating to financing of political parties  requires all political parties to submit their party accounts campaign accounts and to the Constitutional Court. Some of this information is published on the Court’s website. Unpublished information may be accessed from the Court on request.

 

Source: Political Finance Database published by  International-IDEA, accessible on its website at:  http://www.idea.int/political-finance/question.cfm?id=291; Country Evaluation Reports on Transparency of Political Funding published by the Group of States against Corruption of the Council of Europe (GRECO) accessible on the website of the Council of Europe at: www.coe.int/t/dghl/monitoring/greco/evaluations/ and national laws accessed on the respective government websites or online law databases (accessed on 30 August, 2013).

 

For more information contact:

Venkatesh Nayak Tel: +91-11-43180201/+91-9871050555;  Fax: +91-11-26864688; Email: [email protected] and [email protected];

Website: www.humanrightsinitiative.org

 

RTI activist Aruna Roy’s Apeal

I am overwhelmed. The last few days have proven that we really value our Right to Information. Lakhs of Indians have stood against the amendment to the RTI Act. Ordinary people, including you and me, have signed petitions, met their MPs, called the Lok Sabha Speaker, and talked about the issue on social media.

However, Parliament will conclude in 2 more days and the RTI might get diluted within this time. Let us, together, give this one more push before the session ends.

Vinita, here is what you can do.

1) Email the Speaker of the Lok Sabha, Smt. Meira Kumar. She has the power to refer this Bill to a standing committee and ensure that the public is consulted. Below is a sample email you can send her ([email protected]) with a copy to the Prime Minister ([email protected]).

Dear Madam,

I am writing this email to express my anguish over the proposed amendment to the RTI Act. The RTI Act has been a powerful tool for fighting corruption and I feel it is undemocratic to amend it without hearing the concerns of citizens. I therefore request you to refer this bill to a Standing Committee and thus enable more public discussion on this issue.

Thank you.

2) Email, SMS or Tweet your Member of Parliament and tell them that as a voter you are against this amendment. Below is a sample SMS and Tweet. Here is a list of their Twitter accounts.

SMSWe strongly feel that the RTI Amendment Bill is being brought in an arbitrary and hasty manner. We appeal to you to demand that the Bill be sent to the Standing Committee to enable public consultation.

Tweet#SaveRTI. Amendment to RTI Act needs public consultation. Demand the Bill be sent to Standing Committee.

3) Lets talk about this to our friends, colleagues, and on Facebook, Twitter.

Forward this email to your family and friends asking them to join the campaign as well.

Every action will help. Your message, signature and share will help us in strengthening our voice against this amendment.

Thank you for taking action for our country. 

Aruna Roy via Change.org


(Vinita Deshmukh is the consulting editor of Moneylife, an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book “To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte” with Vinita Kamte and is the author of “The Mighty Fall”.)

User

COMMENTS

MN Kutty

3 years ago

I am interested in this issue. While my journalist friend in India was campaigning to bring political parties within the ambit of RIT, that is what you call it in India while it is called Freedom of Info Act in Britain, I was curious to know if the principle behind was understood or not.Freedom of information is ones right to know how government and stated parastatal organisations, with certain, act in the way they do using public money. A political party is not a governmental body. Its source of funds are from membership and contributions from them which is voluntary. Therefore, by definition the right to know about its internal affairs belongs to its members and not to members of the public.

But that does not really solve the fundamental problem of p[political corruption in India where political parties have become Mafia like setups in many cases family owned operations with no constitutional responsibilities. It is easy for such organisations to influence pliable members of civil service and the police and use them to get their objectives. When political corruption is rampant and now institutionalised, monies generated and unaccountable are fed back into the parallel economy creating inflationary pressures. Neither fiscal nor monetary policies will ever be able to make any difference to this independent sector.Therefore, the country will become eventually ungovernable.

The answer to this is to make constitutional changes and create independent provisions for parties to produce accounts, sources and uses of funds and get them audited. Those that fail the audit should be debarred from fielding candidates in the elections under its banner.

You would have made the beginning of creating a civilised society if you could get regulatory measures of political parties written into the constitution, even communal riots in the northern plains under congress and Modi in Gujarat where police stand by watch could be tackled if parties are formed through democratically structured processes like joint stock companies. They would also attract honest citizens to join them.

B Pugazhendhi

3 years ago

The article does not say what is the legal position in India. Some parties have stated publicly, that their annual accounts are submitted to the Election Commission and therefore available in the public domain already. Even without making the Political Parties as public authorities under the RTI Act we can get the 'official' financial details of any political party. The concern of the political parties is that if they are brought under the purview of the Act they may have to reveal even their internal communications, which will dent their competitive edge over the other parties. This fear has to be allayed.

Mathai

3 years ago

In India, we have a very large black economy. A very large proportion of real estate is sold with 40 % to 70% in black money. Many trades are done in India, e.g. pulses, motorcycle & car spare parts, almost entirely in cash, outside the white economy. If the average Indian, is so adept at managing black money, why does anyone think that RTI will show black money in political parties accounts? NOTHING WILL CHANGE WITH RTI. I am sure political parties will be better at hiding unaccounted funds than the average corrupt Indian. Money Life should take a survey on what percentage of it's readers have ever dealt with black money in any way e.g. high value items: property, doing business on cash without tax, or low value items e.g. buying goods on cash to avoid VAT, bribing police for passport verification and so on (a very long list. Over 70% of adult Indians will have violated such laws. But we are good at being indignant. Agree????

Nihar Mody

3 years ago

These are all small countries! The most glaring omission is USA. When convenient we follow the leaders. Everyone knows to what length we have gone to accomodate USA interest. Nuclear liability Bill and FDI in Retail are some ....

Vinay Joshi

3 years ago

The RTI amendment Bill, ipso facto, deferred!?

Regards,

pvmaiya

3 years ago

very diligent work. Nayak deserves our gratitude

Hemlatha Mohan

3 years ago

Our country emulates only what is the worst in other countries- not what the best international practices are.As long as we have corrupt countrymen ruling us , we have to live with this, die with this.

SuchindranathAiyerS

3 years ago

India's scum wants to mimic the US. Exceptionalism! The hubris of power!

S BHASKARA NARAYANA

3 years ago

There is no other option but to increase the awareness among the population on an urgent footing, even to penetrate into the rural mass in the regional language too.

Oil Ministry seems to be in panic, as OMCs raise prices

A Rs5-6/litre diesel price increase is likely, after Parliament session ends this week, forecasts Nomura in its research note on the oil sector

OMCs (oil marketing companies) are loath to raise prices while Parliament sessions are on. However, last weekend there were price hikes (petrol Rs2.35/litre, diesel 50p/litre), while the Parliament was in session. With rising oil prices and a weak rupee, import bills and under-recoveries have shot up. There seems urgency. The Prime Minister has called to reduce oil import bills by US$25 billion this year. And, the Oil Ministry seems to be in panic with pressure from both the government and the consumers. This is according to a research note on the oil sector by Nomura Financial Advisory and Securities (India) Private Limited.

 

While politically difficult, Nomura thinks that the government does not have much of an option and will soon take ‘tough’ decisions. It expects a Rs5-6/litre diesel price increase, after Parliament session ends this week. This, Nomura estimates, would not impact y-y (year-on-year) inflation due to base effect (Rs5/litre hike in September 2012). Decisive action, apart from reducing subsidy concerns, would boost overall market sentiment, in Nomura’s view for companies in the oil sector.

 

The Nomura research note adds on stock market performance of oil companies that it is positive on Reliance Industries and GAIL. Among oil PSUs, Nomura prefers OMCs (vs. upstream oil PSUs) on valuations. In the gas space, Indraprastha Gas and Petronet LNG remain favourites.

 

The Nomura stock recommendation in the sector is given below:


 

 

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