their finances public. However, on the basis of information collected in our assessment, some observations can be made. First, the relative importance of the different private funds is likely to differ between the political parties, but the majority of funds is believed to come from fundraising activities, gifts and sponsors. Second, the financial basis of political parties does not appear to be a strong one, and it has been suggested that political parties in general are faced with large debts. Third, the amount of money involved in political campaigns is reported to have increased considerably, as has the importance of a media presence, such as a daily radio talk to inform the public about political ideas. These observations combined suggest an increasing importance of and dependence on private financial donors, which is why the abovementioned regulations on political party financing have been introduced. These regulations are further addressed below. Here, it suffices to say that currently, according to some, the system in place allows for and has resulted in an unacceptable influence of those with money. The lack of transparency of political party finances makes it impossible to independently establish the facts. Whether in practice the amount of resources available to political parties is sufficient to allow for effective political competition, therefore, cannot be determined.988 There is one exception to the formal rule that political parties do not receive public funding. Sometimes state resources may be used by the ruling parties for party political purposes, thus providing an unfair advantage to those already in power. This can be particularly sensitive in the runup to key processes, for example when debating constitutional changes. According to the Court of Audit, in the case of two information campaigns – one regarding the elections of 2007 and one regarding a referendum in 2009 – the Executive did not provide objective and reliable information, but used the campaigns for party political purposes in ‘a dangerous way’. ‘Because of this, a line was crossed which opens the door for the financing of party political (election) campaigns.’989
Independence (law) Score: 50 TO WHAT EXTENT ARE THERE LEGAL SAFEGUARDS TO PREVENT UNWARRANTED EXTERNAL INTERFERENCE IN THE ACTIVITIES OF POLITICAL PARTIES?
There are several legal safeguards to allow political parties to function free of external interference, but the regulation of party finances, although an improvement, does contain important loopholes. There is no specific legislation regarding state monitoring or investigation of political party operations. There are also no specific regulations allowing for mandatory state attendance of political party meetings, and political meetings can take place in private. The provisions that apply, apply in general. Thus, for example, the minister of justice or those appointed by him may access meetings or demonstrations open to the public, and may use force to enter if necessary. However, this is only allowed for clear and legitimate public interests such as public health or the combating or prevention of disorder.990 Also, the Security Service Curaçao (Veiligheidsdienst Curaçao) is authorised to monitor organisations and individuals and it may use both general and specific 988
Also refer to Oberon Nauta, Good Governance in ‘The West’. Institutional and Social Constraints of Good Governance in the Caribbean Parts of the Dutch Kingdom (Goed bestuur in de West, Institutionele en maatschappelijke beperkingen voor goed bestuur in de Caribische rijksdelen) (Oisterwijk: Uitgeverij BOXPress 2011, 2011), p.67. 989 ARC, Report information campaigns Island territory Curaçao regarding the elections of 20 April 2007 and the referendum of 15 May 2009 (Rapport informationcampagnes Eilandgebied Curaçao inzake de verkiezingen van 20 april 2007 en het referendum van 15 mei 2009) (Curaçao: Algemene Rekenkamer Curaçao), p.2. 990 Country ordinance Public manifestations, Article 10. 163
NATIONAL INTEGRITY SYSTEM ASSESSMENT CURAÇAO