Profiles: Rwanda


Last Updated: December 2014
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SNAPSHOT

The Office of the Ombudsman is an independent public institution, which was established in 2003 under Article 182 of the Constitution of the Republic of Rwanda. Its organization and functions were established by Law no. 25/2003 of 15 August 2003, which was modified and complemented by Law no. 17/2005 of 18 August 2005. It became operational in 2004. Apart from investigating cases of injustices in public administration and private institutions, the Ombudsman has the additional task of preventing and combating corruption and other related offences. As result, the Office of the Ombudsman serves as both an ombudsman and an anti-corruption authority.

Does your government have a single or primary anticorruption strategy?

Yes, we have an Anti-corruption policy which was approved by the Government in 2012.

What are the main anticorruption laws of your country?

  • Constitution of the Republic of Rwanda of 04/06/2003 as amended to date (OG of 4 June 2003);
  • Organic Law no 01/2012/OL of 02/05/2012 instituting the penal code (OG of 14/06/2012);
  • Organic Law no  61/2008 of 10/09/2008 on the Leadership Code of Conduct as modified and complemented by Organic Law no 11/2013/OL of 11/09/2013 (OG of 28/10/2013);
  • Organic Law N° 12/2013/OL of 12/09/2013 on State finances and property (OG of 05/11/2013)
  • Organic Law N° 10/2013/0L of 11/07/2013 governing Political Organizations and Politicians             (OG of 12/07/2013);
  • Law no  23/2003 of 07/08/2003 on prevention, suppression and punishment of corruption and related offences (section related to offences and sanctions was abrogated and moved to Penal Code) (OG of 03/09/2003);
  • Law no  47/2008 of 09/09/2008 on prevention and penalizing the crime of  money laundering and financing terrorism (section related to offences and sanctions was abrogated and moved to Penal Code) (OG of 23/03/2009);
  • Law no 12/2007 of  27/3/2007 on public procurement as modified and complemented by Law no 05/2003 of 13/02/2013 (OG of 15/04/2007&22/04/2013);
  • Law no35/2012 of 19/09/2012 relating to the protection of whistle-blowers (OG of 05/11/2012);
  • Law no 04/2003 of 08/02/2013 relating to access to information (OG of 11/03/2013);
  • Law no 76/2013 of 11/09/2013 determining the mission, powers, organization and functioning of the Office of the Ombudsman (OG of 18/10/2013);
  • Law N° 86/2013 of 11/09/2013 establishing the general statutes for public service                          (OG of 21/10/2013.

 
Orders:

  • Presidential Order N°27/01 of 30/05/2011determining the organization, functioning and mission of the financial investigation Unit (OG of 20/06/2011);
  • Presidential Order N° 64/01 of 12/02/2014 determining the responsibilities, organisation and functioning of the Advisory Council to fight against corruption and injustice (OG of 27/02/2014);
  • Presidential Order Nº46/01 of 29/07/2011 governing modalities for the recruitment, appointment and nomination of public servants (OG of 31/07/2011);
  • Presidential Order Nº 65/01 of 04/03/2014 determining modalities of imposing disciplinary sanctions to public servants (OG of 06/03/2014); etc

(Note: OG stands for Official Gazette)

Is there one agency in charge of coordinating AC efforts across agencies?

Office of the Ombudsman

Functions Research,Prevention,Investigation,Prosecution,Forensic,Accounting,Policy
Permanent Staff 78
Number of prosecutors(if applicable) 3
Number of investigators (if Applicable) 27

Number of cases handled annually

200 to 300

Budget Autonomy Yes
Annual Budget of the Agency Rwf 1,823,921,897 for fiscal year 2013-2014 (£ 1,671,789 for £=1,091 Rwf on 18/11/2014)
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? Yes
Does your country have conflict of interest legislation? Yes
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? The Cabinet proposes the candidates to the Senate which elects the Ombudsman and his/ her two Deputies.
Who has the authority to remove the head of the ACA? Reasons to terminate office for the Ombudsman and his/her deputies: Resignation, expiration of first/two terms office, illness, death or failure to discharge the duties. In case of the Ombudsman and his/her Deputies fail to discharge his/her duties, the same procedure to appoint him/her is applicable (Q29).
Is there any term limit for the head of the ACA? Yes , 5 Year
Does your agency measure performance? Yes
Number of investigations launched
Number of investigations completed
Ratio of number of investigations/staff
Full access to Government Yes