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 53
 

With regard to the external oversight of the funding of political parties, the draft law says very little: Article 48 stipulates that “the administration” (according to Article 2, the ministry with responsibility for political party affairs, i.e. the Human Rights Ministry) may request information and clarification from the parties; moreover, it appears from Articles 62 et seq. that the administration is also competent for prosecuting cases of violations of rules and imposing penalties in the form of withholding public funding. It would therefore appear that the draft law gives a key role to the Human Rights Ministry. This poses problem in the light of international standards which require that the oversight of political parties in general and their funding in particular be carried out by a non-partisan body that satisfies the criteria of independence and impartiality. This principle has been stressed many times by the Venice Commission. Although it has acknowledged that it is in principle up to states to decide to which body they wish to entrust this task, the Commission has recommended that an independent and impartial body be given the task of monitoring the funding of parties and electoral campaigns, for example if the Minister of Justice were to play a key role in this field “because he is part of the executive, and has been appointed for political reasons”.