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Corruption prevention Unit
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• Receiving and analyzing information provided on corruption and related offences;

• Carrying out investigation on cases of corruption and related offences;

• Sensitizing the citizens on preventing, rejecting and fighting corruption and related offences;

• Carrying out operational audit in public and private institutions.

• Legal instruments useful in preventing and fighting corruption and related offences

• The Constitution of Republic of Rwanda of 26 /06/2003 as amanded to date;

• Organic Law n° 01/2012/OL of 2/ 06/2012 establishing the penal code;

• Law n° 25/2003 of 15/08/2003 establishing the organization and functioning of the Office of the Ombudsman as modified and complemented to date;

• Law n°35/2012 of 19/09/ 2012 relating to the protection of protection whistleblowers ;

• United Nations Convention against Corruption (UNCAC);

• African Union Convention against Corruption (AUCAC);

• Procurement Law n° 12/2007 of 27/03/2007 as modified and complemented to date;

• Law n° 13/2004 of 17/05/2004 relating to the code of criminal procedure as modified and complemented to date.

2. How is the operational audit carried out?

The Office of the Ombudsman has the duty of carrying out operational audit in public and private institutions while assessing how those institutions accomplish their duties , irregularities in accomplishing their duties and loopholes of corruption that may have been observed in their functioning . The Office of the Ombudsman provides advice to those institutions aiming at improving their functioning as well as preventing corruption and related offenses.

The operational audit mainly emphasizes on the respect of laws governing institutions, procurement procedures, human resource and financial management , the functioning of internal auditors and service delivery as well as analyzing if they meet their objectives in comparison with national programs.

4. Some frequent asked questions on corruption from citizens and their responses

• Is corruption only an amount of money that a person provides so as to be given a service?

Article 633 of the Organic Law n° 01/2012/OL of 02/05/2012 establishing the penal code defines corruption in the following ways:

a. any act of abuse of a position, power or honour one enjoys within a state organ, in a public or private institution, in a foreign company or international organization working in the country, or power conferred by any other function which is used
contrary to the law, by giving to oneself, giving to others or requiring an illegal benefit or a service contrary to the law;

b. any act leading to the accumulation of property without legal justification;

c. using a person with a position, power or honour mentioned under item (a) of this Article, in order to benefit from an illegal advantage or a service contrary to the law;

d. giving or agreeing to give a gift in cash or any other illegal benefit , for the provision of a service or act in unlawful way or to reward the provider of the service or act rendered, either by the recipient or an intermediary;

e. requiring, receiving or accepting to receive a gift in cash or any other illegal benefit for the provision of a service in an unlawful way or to be rewarded once the service is provided or the act is done either by the recipient or an intermediary.

• Who should provide information on corruption?

The law n° 35/2012 of 19/09/2012 relates to the protection of whistleblowers which provides that a whistleblower may be a public servant, an employee of private institution or any other person having information on what he/she knows or have been informed on crimes, acts and behavior that are contrary to the law. A whistleblower may be an individual or a group of individuals who may provide information verbally, written or any other means. The whistleblower may provide information regarding the institution he/she is working from or any other institutio

• Is it possible that corruption can be erradicated in our country?

Corruption can be erradicated in our country due to strong operational mechanisms of fighting it as well as strategies established in the long run. Different institutions have been established with the mandate of fighting corruption and reinforcing good governance. In the same context, various laws have been established for punishing the crime of corruption and related offences as well as financial crime. National anti-corruption policy was established in this endeavour to be fully eradicated, the role of every citizen is encouraged.

• What happens if corruption is suspected in levels of administration?

If corruption is suspected in levels of administration be it public or private, an intensive investigation is carried so as to find out tangible evidence for the committed crime of corruption and consequently the file is submitted to the justice for the suspected to be convicted or acquitted. In cases where maladministration has been observed in a given institution, the concerned institution is officially provided with recommendations which should be implemented in a given period of time so as to improve its functioning including service delivery provided to the citizens.

5. National Anti-Corruption Advisory Council

National Anti-Corruption Advisory Council is a composition of different public institutions and has the following duties :

a. giving the opinions on strategies of fighting against corruption;

b. examining and making recommendations on reports from institutions involved in fighting against corruption;

c. setting up a channel of exchange of information on corruption between institutions;

d. examining and making the recommendations on the reports from the international organizations about corruption in Rwanda;

e. Approving and publishing annual report on achievements in fighting against corruption in Rwanda.

National Anti-Corruption Advisory Council is composed of the following:

1. The Chief Ombudsman, Chairperson;

2. The Minister having Local Administration in his/her attributions, Deputy Chairperson;

3. The Minister having Justice in his/her attributions;

4. The Vice President of the Supreme Court;

5. The Deputies Ombudsman;

6. The Prosecutor General;

7. The Inspector General of the Rwanda National Police;

8. The Director General of National Intelligence and Security Service.

6. The means used to provide information:

The Office of the Ombudsman has established various means that can assist with ease the acitizen to provide information regarding issues on corruption and related offences . Those means used to provide information include the following:

-  Free Toll number 199;

-  E-mail of the Office of the Ombudsman “ombudsinfo@ombudsman.gov.rw”

-  Sending information through written form to the Office of the Ombudsman at its Headquarter in Kigali City, Gasabo District, Kimihurura Sector to a place commonly known as ku Kabindi;

-  Sending mails in written form through the Post Office of 6269 Kigali, Office of the Ombudsman ;

-  Any other means that the informant may choose to be easy for him or her (For example providing information to the employees of the Office of the Ombudsman while in official mission or elsewhere they may meet …)

Contact:

Gashumba jeanne Pauline

Director of Preventing and Fighting Corruption and Related Offences Unit

Email:gashumba.pauline@ombudsman.gov.rw