Home > 6 Political parties > TUNISIA - Opinion on the Draft Institutional Law on the Organisation of Political Parties and their Funding
 
 
 
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Paragraph 41
 

With regard to the prohibition of funding whose source cannot be proven, the Venice Commission has previously stated that while such a prohibition is not in itself contrary to international standards, allowing anonymous donations up to a certain threshold - e. g. the threshold for cash donations - “would seem logical”. In Tunisia’s case, the strict prohibition of anonymous donations, combined with the obligation to publish the identity of all donors (see Article 36 of the draft law), might seem excessive in view of international standards such as Article 12b of Rec(2003)4: this article recommends the identification of the donor in the event of “donations over a certain value”. And the Guidelines state that “while transparency may be increased by requirements to report the identity of donors, legislation should balance such a requirement with considerations of privacy and protection from intimidation.” In another opinion, the Venice Commission consequently recommended rather than authorising anonymous donations but making provision in the case of clearly defined small donations for the identity of donors not to be disclosed to the public, but only to the supervisory body. Such a solution would be welcome here too, for example for donations that can be made in cash.