OFFICE OF THE OMBUDSMAN OF RWANDA

1. OFFICE OF THE OMBUDSMAN OF RWANDA Rwanda’s experience in preventing and fighting corruption and related offenses

2. Introduction • The Government of Rwanda has undertaken a number of Anti-corruption measures and this was coupled with immense political will, zero tolerance to corruption and public support. • Different laws were adopted and different institutions established. Office of the Ombudsman was established as a leading institution in the fight against corruption. • National Anti-corruption Policy was elaborated and adopted. • An anti-corruption strategy cannot succeed without collaboration of public and private sectors. In this context, the Rwanda National anti-corruption policy emphasizes the role of civil society, public sector and public institutions in the fight against corruption.

3. 1.Office of the Ombudsman • The Office of the ombudsman is an independent public institution which was established in 2003 by the Constitution of the Republic of Rwanda of 4th June 2003 in its article 182. Its mission, powers, organization and functioning are determined by the Law no 76/2013. • The head office of the Office is located in Kigali City, the Capital of the Republic of Rwanda. It may be transferred elsewhere in the country upon request by the Office and upon approval by Cabinet. The Office operates throughout the country and may set up branches in other parts of Rwanda. • The Office of the Ombudsman is headed by the Chief Ombudsman assisted by two deputies: Deputy Ombudsman in charge of preventing and fighting injustice and Deputy Ombudsman in charge of preventing and fighting corruption and other related offences.

4. 1.1 Attributions Of the Office • Act as a link between the citizen and public and private institutions; • Prevent and fight injustice, corruption and related offences in public and private entities; • Receive and examine complaints and mobilize institutions to resolve them; • Coordinating the National Council against corruption and injustice; • Receive annually declaration of assets from persons determined by the law; • Receive annually declarations of assets of political organisations and verify their origin and use; • Advise Cabinet and institutions on strengthening and improving policy of preventing, fighting and punishing corruption; • Follow up the implementation of the policy of prevention and fighting injustice and corruption;

5. Attributions of The Office (Cont’) • Follow up the respect of the leadership code of conduct of senior officials; • Sensitize the population and train employees of public and private institutions to refrain from corruption; • Sensitize the population to work together with public and private institutions to build the country and dare to denounce bad practices based on injustice, corruption and related offences; • Contribute to strengthening good governance; • Make public list of persons definitively convicted for corruption; • Advise public and private institutions as to the improvement of the quality of services delivered to the population; • follow up the enforcement of the Law relating to access to information.

6. 1.2 Units of the Office The above mentioned responsibilities are fulfilled by the following Units: • Preventing and fighting corruption and related offences Unit • Fighting against corruption special Unit • Preventing and fighting injustice Unit • Declaration of assets Unit • Monitoring of incompatibilities and interdictions of senior officials Unit • Administration and finance Unit

7. 1.3 Powers of the Office • Powers of Judicial Police: It has powers to investigate all activities relating to the responsibilities of the Office; • Power to request administrative sanctions to be imposed against any employee whether Government, public or private who acted unjustly towards a person, an organization or an independent association, after written explanations and to determine what should be done so that those who suffered from injustice may find redress; • Power of asset recovery: While prosecuting offences falling under its mission and when public assets and other assets in connection with the commission of those offences have to be recovered, the Office has powers to file a legal action for the recovery of such assets; • Prosecution powers for all offences relating to the mission of the Office ;

8. Powers of the Office (Cont’) • Bailiffs powers: the Office shall use this competence if institutions in charge have not executed their attributions at time after written request by the Office; • Request for judgment review: Office has powers to request the Supreme Court to reconsider and review judgments rendered at the last instance by ordinary courts, commercial and Military courts, if there is any persistence of injustice; • Powers to request for documents, testimonies and explanations necessary for its investigations from public, parastatals, private organs and non-government organizations. It may hear from any person and request him/her to give necessary testimonies for the smooth running of the investigation; • Power to request temporary Suspension of a suspect of corruption and related offences: Notwithstanding the principle of presumption of innocence, the Office has powers to request the competent authority to temporarily suspend a civil servant, parastatals staff, or an employee of a private institution or a non-government organization staff, suspected of corruption and related offences.

9. 2. Anti-corruption initiatives • In fighting corruption, different initiatives have been put in place. • They include an annual anti- corruption week, establishment of Youth anti corruption clubs, competitions, creation of the National Anti Corruption Advisory Council among others.

10. 2.1 Anti- corruption week • Since 2007, Rwanda has initiated an anti-corruption week which is closed on 9th December. • The Office of the Ombudsman chooses a theme for that week. • During the week, different special anti-corruption activities are performed in different part of the country in order to enhance public awareness on corruption and encourage the citizens to play an active role in the battle against corruption. • Those activities include: • talk shows on different radios and on Television, • billboards with anti corruption messages, • press conference, • youth anti-corruption day, • cycling or football competition, • debate on corruption by youth, etc.

11. 2.2 Good governance competition • The Office of the Ombudsman organizes competition on good governance and fighting against corruption in all Districts of the country since 2007. • From this competition, achievements, innovations and good practices in fighting against corruption are identified.

12. 2.3 Student cartoons competition • It has been organized the cartoons competition for primary school students and students in the lower level in secondary school. • The competition attracted 742 candidates in primary schools and 743 in secondary schools. • The competition allowed the Office of the Ombudsman to assess their level of knowledge on corruption and its consequences, and also to raise their awareness on corruption.

13. 2.4 Introduction of a lesson on integrity values • In civic education program (Itorero ry’Igihugu). • The necessary is also being done to introduce the lesson in the curricula of primary and secondary schools.

14. 2.5 Youth anti corruption clubs • To effectively fight corruption in any country, the youth have to be fully involved in the process. In that regard, the Office of the Ombudsman has encouraged the creation of anti corruption clubs in high schools and high learning institutions. • So far, there are 47 in high schools and 9 clubs in high learning institutions. • The Office of the Ombudsman assists the clubs in their activities and trains them to be trainers in their respective schools. • In some remote Districts, the Office of the Ombudsman has established anti corruption internet café that are used by anti corruption clubs in helping people to report corruption and injustice cases.

15. 2.6 National Anti Corruption Advisory Council • A National Advisory Council to fight against corruption was created. It is composed of: • the Ombudsman, the Chairperson; • the Minister in charge of local government, Deputy Chairperson; • the Minister in charge of justice ; • the Minister in charge of internal security; • the Vice-President of the Supreme Court; • the Prosecutor General; • the Deputies Ombudsmen; • the Inspector General of the Rwanda National Police; • the Secretary General of National Intelligence and Security Service; • the Executive Secretary of Rwanda Public Procurement Authority; • the Auditor General; • the Chief Executive Officer of Private Sector Federation; • the Executive Secretary of Civil Society Platform. • The main responsibilities of the Council are to establish strategies of fighting against corruption and to set up modalities of sharing information on corruption. • The Advisory Council has been decentralized at District and Sector level.

16. 2.7 Operational Audits • The Office of the Ombudsman conducts operational audits in public and private institutions in order to identify loopholes of corruption that may exist. • The operational audit mainly emphasizes on the respect of laws governing institutions, procurement procedures, human and financial resources management as well as service delivery. • After conducting an operational audit, a report containing critical analysis and strong recommendations is produced and submitted to concerned institution(s) for implementation.

17. 2.8 Declaration of assets • The Office receives annually the declaration of assets from persons determined by law and verify their accuracy and origin. This helps in identifying people with illegally obtained assets. • It also receives annually the declaration of assets of political organizations and verify their origin and their use. • Those who don't declare their assets face sanctions.

18. 2.9 Gathering information on corrupt behaviors • The Office of the Ombudsman sensitizes people on the whistleblowers protection Law and encourages them to report corruption. • People may report through toll free, anonymous letters, mails as well as emails. • Corrupt acts may also be identified while conducting operational audits. • Information on corruption can also be known via newspapers and posts on different popular news websites (this is the result of good collaboration with media). • Different popular talk shows are also used where citizens may call and report corruption or injustice malpractices. • For a successful investigation, the Office of the Ombudsman uses different techniques of investigations either proactive or reactive.

19. 2.10 Use of media in preventing and combating corruption • The Office transfers corruption preventive messages to the citizens by its quarterly magazine that is distributed all over the country free of charge. • A list of corruption convicts is published on quarterly basis in different newspapers, on the Office of the Ombudsman’s website and its magazine.

20. 2.11 Use of billboards to transfer anti-corruption messages • The Office of the Ombudsman has considered billboards as the quick way of transferring anti-corruption messages to many people. • It has installed billboards with anti-corruption messages in different places of the country. • It also hires billboards and post anti-corruption messages on them.

21. 2.12 Sensitization • Sensitizing people on bad effects of corruption and encouraging them to report and reject it. • This is done through training sessions for different groups of people (youth, women, church leaders, journalists, NGOs representatives, private institutions) as watch dog.

22. 2.13Organizing dialogue on corruption • Public procurement area has been considered as one of the major vulnerable areas to corruption. Therefore, strong mechanisms must be put in place. It is in this context that, in November 2013, the Office organized a national dialogue on corruption in public procurement. • The dialogue was attended by different institutions including Ministries, districts, public bodies as well as private sector and civil society. • The aim of the dialogue was to exchange ideas on strong and collective strategies and measures to prevent and fight against corruption in public procurement. • After discussions, participants adopted important recommendations aiming at fighting corruption in public procurement.

23. 2.14 Partnership • Collaboration with National Police and Transparence International/ Rwanda: MoUs signed. • Collaboration with religious organizations in raising public awareness on corruption. • Support to the coalition of civil society, public&private sector to fight against corruption. • Member of the Asset Recovery Inter-agency Network for Eastern Africa.

24. 3. Other important issues • A special attention has been put in dealing with gender-based corruption: • the Office has designated a person to deal with such corruption. • Radio Spot, presentations and posts on websites are used to raise public awareness on gender-based corruption and encourage them to resist and report it. • Whistleblowers protection Law: the Office sensitizes people on this Law through radio spot and talk shows.

25. Conclusion The Office of the Ombudsman puts more efforts in preventive mechanisms, because prevention is always better than cure.