Logo

Languages : Français| Kinyarwanda


Corruption Prevention Unit
Viewed : 3088 times
 

Corruption Prevention Unit (CPU)

1. Duties and responsibilities
• Receiving and analyzing received information on corruption;
• Carrying out investigation on cases of corruption;
• Sensitizing the citizens on preventing, rejecting and fighting corruption;
• Reviewing systems of different institutions and assessing the implementation of government projects and programs.

2. Legal instruments useful in preventing and fighting corruption

• The Constitution of Republic of Rwanda of 26 /06/2003 revised in 2015;
• Law n° 54/2018 of 13/08/2018 on fighting against corruption;
• Law nº68/2018 of 30/08/2018 determining offences and penalties in general;
• Law n° 762013 of 11/09/2013 determining the mission, powers, organization and functioning of the Office of the Ombudsman;
• Law nº 44bis/2017 of 06/09/2017 relating to the protection of whistle blowers;
• Law nº 69/2018 of 31/08/2018 on prevention and punishment of money laundering and terrorism financing;
• Law n° 42/2014 of 27/01/2015 governing recovery of offence-related assets;
• Presidential Order n° 64/01 of 12/02/2014 determining the responsibilities, organization and functioning of the Advisory Council to fight against Corruption and Injustice;
• United Nations Convention against Corruption (UNCAC);
• African Union Convention against Corruption (AUCAC);
• Law n°62/2018 of 25/08/2018 governing public procurement;
• Law nº 30/2013 of 24/5/2013 relating to the code of criminal procedure

3. System Review/assessment/ operational audit
In implementing its responsibilities, the Office of the Ombudsman reviews systems of public and private institutions or assesses the implementation of government projects or programs. This is done with the aim of analyzing how those institutions accomplish their duties, identifying possible irregularities in their functioning and loopholes of corruption and injustice in the systems. The Office of the Ombudsman prepares that activity and inform concerned institution. After the assessment/ review and Draft report is prepared and submitted to the audited institution for comments and then a meeting is organized for discussions of the findings. In the end a final report indicating findings and recommendations to be implemented is drafted and sent.
The review/assessment/operational audit mainly emphasizes on the respect of laws governing institutions, procurement procedures, human and financial resources management, internal control systems and service delivery. Moreover, the way programs or projects are implemented is also assessed.

4. Some frequent asked questions on corruption from citizens and their responses
• What is a system review?
Is a careful examination of systems and procedures in a given organization in both public and private sectors in order to assess to which extent an institution performs and identify possible risks of corruption and injustice in those systems and process. Such review is either initiated by the Office of the Ombudsman or is undertaken following complaints or reports that raise problems with systems and procedures.

• What are the sensitization activities against corruption?
The Office of the Ombudsman uses different channels in sensitizing people on bad effects of corruption and their role in preventing and fighting such evil. Some of them include the following:
-  Organization of an annual anti-corruption week in December: All activities of the week are centered on a chosen theme of the year
-  Training of different categories of people
-  Billboards put in different places
-  Press release
-  Publicities on radios and televisions
-  Talk shows
-  Competitions in songs and poems
-  Matches and races
-  Establishment of youth anti-corruption clubs
-  Etc..
• Is corruption only an amount of money that a person provides so as to be given a service?
According to Article 2, 2o of the Law n° 54/2018 of 13/08/2018 on fighting against corruption is any act performed or caused to be performed in public organs, private institutions, civil society and international organizations operating or wishing to operate in Rwanda, which is aimed at soliciting, receiving or offering an illicit benefit in order to unlawfully obtain illicit enrichment or a given favor of sexual nature to unlawfully render a service or carry out an activity whether carried on by himself or herself or through another person.

• What are the corrupt acts?
Corruption is reflected in the following acts
a. to solicit, accept or offer illegal benefit;
b. to solicit, promise or offer sexual favors;
c. to make a decision based on favoritism, friendship, hatred, acquaintances or nepotism;
d. influence peddling;
e. to illicit enrichment;
f. embezzlement;
g. to use public property for unintended purposes;
h. to misuse property of public interest;
i. illegal exemption;
j. to demande or receive undue or excessive money;
k. abuse of functions;
l. appropriation of unlawful favors.
• Is there any obligation for institutions to put in place corruption preventive mechanisms?
Yes, according to article 3 of the Law n° 54/2018 of 13/08/2018 on fighting against corruption, any public organ, private institution, civil society member or international organization operating in Rwanda must:
-  implement mechanisms for the prevention of corruption;
-  carry out activities in transparency;
-  submit a report to the relevant authorities;
-  ensure that there is no corruption practices within it;
-  present activities that were performed in the prevention and against corruption upon request by a competent organ;
-  have a document describing modalities and timeframe for decision making;
-  collaborate with other institutions in line with the required timeframe while presenting the activities performed or providing any information requested by another institution;
-  ensure equal treatment of clients and timely delivery of services.
• What if the organ does not fulfil such obligation?
The Office of the Ombudsman requests for administrative sanctions against the leader of an organ that fails to comply with the obligation.
• Can professional secrecy prevent investigators/prosecutors from obtaining information or a document in a bank, financial institution or any other organs?
During the investigation, the investigator, the prosecutor or the judge is authorized to demand information or seize the bank and finance institution’s records, financial and property or commercial records and any other thing likely to facilitate investigation.
Professional secret cannot constitute an obstacle to investigation measures taken by the investigator, the public prosecutor or the judge in their efforts to know the truth.

• Who should provide information on corruption?
A whistle blower 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. The whistleblower may provide information regarding the institution he/she is working from or any other institution.
• Is it an obligation to report corruption?
Yes. Every person has an obligation to provide information in his/her possession or which has been brought to his/her attention that is connected to offences, illegal acts or behaviors. A whistle blower also has the obligation to be diligent, analytical and verify the information and disclose it with proof.
• How and where to report corruption?
Corruption can be reported verbally, written or by any other means. Anonymous reports are also accepted. The corrupt acts are reported to the Office of the Ombudsman and Rwanda Investigation Bureau. The whistle blower must always disclose his/her personal identification.

• How is the whistle blower protected?
For purposes of protecting a whistle blower, all disclosures are received in secret and recorded by use of a code. The code must be similar to the code of the person who disclosed information basing on the list of whistle blowers. The list of whistle blowers must also be drawn up in secret and may be accessed only by the officer who receives the disclosures and the head of the institution or other authorized officer.
In case a whistle blower is identified, no person may victimize him/her, his/her informer or any other person in relationship with him/her due to the information disclosed.
• Can a whistle blower be summoned before judicial organs?
Yes. But in case a whistle blower is summoned before judicial organs, his/her code is used and his/her identity must not be disclosed. In case the whistle blower is subject to interrogation before judicial organs, the procedure is conducted in camera without any cross examination by any other person.
• What is prohibited in reporting?
In reporting offenses, the following is prohibited:
-  Providing false information aimed at whistle blower personal interest or based on grounds of hatred, jealousy or potential conflict between the whistle blower and the person subject to whistle blowing or other person with any relationship with the person subject to whistleblowing;

-  Providing information in the interest of a person he/she seeks to protect or with intent to defame and dishonor an individual or an entity subject to whistle blowing.

• Is there any sanction to a whistle blower who intentionally provides wrong information based on grounds of hatred, jealousy or with the intent of defaming or dishonoring an individual or an entity subject to whistle blowing?
Any person who discloses such information commits an offence. When convicted, he/she is liable to a term of imprisonment of not less than one (1) year but not exceeding three (3) years and a fine of not less than five hundred thousand (500,000) but not exceeding one million (1,000,000) Rwandan francs.

• What will I face if I give corruption but report it to responsible institution?
There is no criminal liability for a person who gives or receives an illegal benefit and informs the justice organs before the commencement of criminal investigation by providing information and evidence.
• Is there any possibility to be exempted from criminal liability for corruption?
A person who gives or receives an illegal benefit with the aim of helping justice organs to get evidences for the offence of corruption is not considered as having committed an offence, if he or she informs the judicial organs before the occurrence of the act.
• Will corruption prescribe in how many years?
The offence of corruption is imprescriptible.

5. Is it possible that corruption can be eradicated in our Country?
Corruption can be eradicated 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 and various laws have been adopted with the aim of never tolerating corrupt behaviors. However, to successfully eradicate corruption there is also a need of both internal and international Collaboration. With strong political will and citizens’ contribution, corruption will be eliminated in Rwanda.

6. 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 out so as to find out tangible evidence for the suspected crime of corruption and consequently the file is submitted to the prosecution for further processing.
In case maladministration has been observed in a given institution, the concerned institution is officially notified and given recommendations which should be implemented in a given period of time so as to improve its functioning and service delivery.
7. Advisory Council to fight against Corruption and Injustice
Advisory Council is a forum of Officials from different institutions. It was established in 2014 by a Presidential Order. The Advisory Council operates at National level but also decentralized at District, Sector and Cell levels.
- 
At National Level, the Advisory Council is composed of:

o The Chief Ombudsman, Chairperson;
o The Minister having Local Administration in his/her attributions, Deputy Chairperson;
o The Minister having Justice in his/her attributions;
o The Vice President of the Supreme Court;
o The Deputies Ombudsman;
o The Prosecutor General;
o The Inspector General of the Rwanda National Police;
o The Director General of National Intelligence and Security Service;
o The Executive Secretary of Rwanda Public Procurement Authority;
o The Auditor General;
o The Chief Executive Officer of Private Sector Federation;
o The Executive Secretary of Civil Society Platform.
The members of the Advisory Council at National level continue to exercise their usual duties.

The Advisory Council at National Level has the following responsibilities:
• giving the opinions on strategies of fighting against corruption;
• examining and making recommendations on reports from institutions involved in fighting against corruption;
• setting up a channel of exchange of information on corruption between institutions;
• examining and making the recommendations on the reports from the international organizations about corruption in Rwanda;
• Approving and publishing annual report on achievements in fighting against corruption in Rwanda.
Members of the National Advisory Council meet on quarterly basis and report to the President of the Republic, with copies to the Parliament, the Supreme Court and the Cabinet.
The Council has a technical committee composed of technicians from institutions led by members of the Advisory Council at national level.
The Office of the Ombudsman is responsible for the Advisory Council Secretariat at national level. Thus, in its Structure, there is a position of the Secretary of the National Advisory Council to fight against corruption and injustice.
9. The means to be used to report corruption
The Office of the Ombudsman has established various means that to be used by in reporting corruption. Those means include:

 Free Toll number 199;

 SMS free 1990;

 E-mail of the Office of the Ombudsman “rwanyaruswa@ombudsman.gov.rw
 Information boxes of the Office of the Ombudsman installed at workplaces of the institutions in different districts
 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 to the Office of the Ombudsman Po Box 6269 Kigali;
 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:
For any inquiries or additional information please contact
Mrs. GASHUMBA Jeanne Pauline
Director of Corruption Prevention Unit
Email: gashumba.pauline@ombudsman.gov.rw
Or send an email to ombudsinfo@ombudsman.gov.rw