CORPORATE GOVERNANCE STATUS IN RWANDA PRESENTED BY: A.KANTENGWA THIRD PAN AFRICAN CONSULTATIVE FORUM ON CORPORATE GOVERNANCE DAKAR – SENEGAL NOVEMBER 8TH TO 10TH 2005 CORPORATE GOVERNANCE ISSUES AND ASSESSMENT TO PROMOTE AN ENABLING ENVIRONMENT FRAMEWORK FOR CORPORATE ACTIVITIES TO ENSURE VOLUNTARY ADHERANCE TO GOOD CORPORATE CITIZENSHIP AND SOCIAL RESPONSIBILITY TO PROMOTE ETHICAL CORPORATE BEHAVIOR AND ADOPT BEST PRACTICES TO ENSURE FAIRNESS AND PROTECTION OF ALL STAKEHOLDERS TO ENHANCE ACCOUNTABILITY AND TRANSPARENCY 2 STATUS TO INCREASE AWARENESS AND ACCEPTANCE OF CORPORATE GOVERNANCE PRINCIPLES. TO SENSITIZE ALL STAKEHOLDERS TO IMPROVE AWARENESS OF THE PRINCIPLES. TO ADOPT NEW LEGAL AND REGULATORY FRAMEWORK IN LINE WITH INTERNATIONAL BEST STANDARDS AND PRACTISES. TO ESTABLISH REGULATORY BODIES TO IMPROVE COMPLIANCE. TO INCREASE CAPACITY BUILDING IN ORDER TO UPGRADE SKILLS AND OWNERSHIP. 3 CHALLENGES LOW LEVEL OF AWARENESS OF CORPORATE GOVERNANCE PRINCIPLES LACK OF RELIABLE &UP-TO-DATE STATISTICS FAST CHANGING REGULATORY FRAMEWORK LARGE PUBLIC AND INFORMAL SECTORS LANDLOCKED POSITION AND POOR INFRASTRUCTURE HIGH COST OF DOING BUSINESS, FINANCING, UTILITY COST INADEQUATE SKILLED PROFESSIONALS HIGH POVERTY LEVELS 4 ACTION TAKEN TO ADDRESS THE CHALLENGES COMMERCIAL LAW REFORM TRADE LIBERALISATION AND TAX REFORM PUBLIC ENTERPRISE REFORM AND PRIVATISATION FINANCIAL SECTOR STRENGHTNING ESTABLISHEMENT OF REGULATORY AND INSTITUTIONAL FRAMEWORK TO FOSTER PRIVATE SECTOR DEVELOPMENT COMMISSIONING CONSULTANCIES INVESTMENT IN INFRASTRUCTURE AND LIBERALISATION OF UTILITY SECTOR 5 ASSESSMENT LEGAL FRAMEWORK: ONGOING LAW REFORM TO BE USER-FRIENDLY FOR BOTH STAKEHOLDERS AND ADMINISTRATION LAW STATUS COMPANY , BANKRUPTCY OUTDATED-UNDERGOING REFORM TO MODERNISE AND CONSOLIDATE SOLVENCY LAWS REGISTRATION / ORGANISATION COMMERCIAL ENTREPRISES BANKS AND FINANCIAL INSTITUTIONS CUMBERSOME-UNDERGOING REFORM - TO ESTABLISH A REGISTRAR OF COMPANIES CENTRAL BANK AND BANKING ACTS TO BE AMENDED TO ENHANCE COMPLIANCE WITH BASLE PRINCIPLES AND BEST PRACTICES INCOME TAX ACT FRAGMENTED, RESULTING INTO INCOHERENCE AND CONFUSION. BEING AMENDED, CODEFIED AND CONSOLIDATED DOMESTIC AND FOREIGN TRADE LAW TO BE UPDATED 6 ASSESSMENT INSTITUTIONAL FRAMEWORK RWANDA BUREAU OF STANDARDS EXPAND CAPACITY BUILDING BEING STRENGHTENED TO COVERAGE - WORKS CLOSELY WITH REGIONAL BUREAUX. RWANDA INVESTMENT AND EXPORT PROMOTION AGENCY RESTRUCTURED TO FOCUS ON INVESTMENT AND EXPORTS RWANDA NATIONAL TENDER BOARD RESTRUCTURED AND DECENTRALISED TO EMPOWER SELF-ACCOUNTING MINISTRIES AND AUTHORITIES. ENTITIES, LOCAL NATIONAL BANK OF RWANDA MONITORING SUPERVISORY ROLE CAPACITY BUILDING IS ON-GOING TO STRENGHTEN AND 7 ASSESSMENT INSTITUTIONAL FRAMEWORK Cont’d INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS BEING SET UP TO REGULATE THE PROFESSION, ENFORCE STANDARDS AND PROFESSIONAL ETHICS. PRIVATE-PUBLIC’S SECTOR ECONOMIC FORUM BRIDGING COMMON VISION FOR ECONOMIC DEVELOPMENT TRADE BOARD CAPACITY BUILDING TO TAKE INTO ACCOUNTS STAKEHOLDERS RIGHTS PRESIDENTIAL ECONOMIC COUNCIL UNDER THE CHAIRMANSHIP OF THE PRIVATE SECTOR FEDERATION ADVISES THE PRESIDENT ON ECONOMIC ISSUES 8 ASSESSMENT INSTITUTIONAL FRAMEWORK Cont’d RWANDA REVENUE AUTHORITY TAX CODE AND TAX SYSTEM BEING AMENDED TO BE USER FRIENDLY. ONGOING CAPACITY BUILDING TO IMPROVE EFFICIENCY AND EFFECTIVENESS OFFICE OF AUDITOR GENERAL CAPACITY BUILDING ONGOING TO IMPROVE SKILLS AND ENHANCE ABILITY TO DELIVER QUALITY SERVICE. OMBUDSMAN RECENTLY SET UP, DEVELOPING OPERATING PROCEDURES AND BUILDING CAPACITY. RITA IMPLEMENT NATIONAL STRATEGY IN INFORMATION AND COMMUNICATION TECHNOLOGY 9 ASSESSMENT INSTITUTIONAL FRAMEWORK Cont’d RURA REGULATES PUBLIC UTILITIES. ONGOING CAPACITY BUILDING INSURANCE COMMISSION INSURANCE ACT IS BEING DEBATTED IN PARLIAMENT CIVIL AVIATION AUTHORITY ENSURES SAFETY OF AIR TRANSPORT REMA IMPLEMENT AND MONITOR ENVIRONMENT POLICY. LAND AND WATER ACTS ADOPTED. 10 ASSESSMENT INSTITUTIONAL FRAMEWORK Cont’d ORTPN TOURISM POLICY AND RATING OF HOTELS,RESTAURANT AND TRAVEL AGENCIES PRIVATISATION SECRETARIAT ENSURES FAIR AND TRANSPARENT PRIVATISATION OF PUBLIC ENTITIES PROFESSIONAL BODIES LAW, MEDICAL, INSURANCE, BANKERS, LAWYERS, ACCOUNTANTS,… 11 CODES AND STANDARDS “Rwandan law establishes the primacy of international legal instruments over domestic legislation. Duly ratified or approved international treaties or agreements rank above domestic legislation once they have been published in the Official Gazette » INTERNATIONAL ACCOUNTING STANDARDS(IAS) ADOPTED FOR USE BY ALL BANKS ALSO USED BY MULTI-NATIONALS. TO HARMONISE NATIONAL CHART OF ACCOUNTS WITH IAS. INTERNATIONAL STANDARDS AUDITING (ISA) COMPLIED WITH BY ALL INTERNATIONAL AUDIT FIRMS AND THEIR AFFILIATE OPERATING IN RWANDA. LABOUR CODES RATIFIED 27 ILO CONVENTIONS INCLUDING 8 COMPULSARY ONES. 12 CODES AND STANDARDS Cont’ BANKING AND FINANCIAL INSTITUTION TO CORPORATE GOVERNANCE PRINCIPLES CENTRAL BANK , BANKING AND FINANCIAL ACT BEING REVIEWED ENSURE COMPLIANCE. CENTRAL BANK TO ADOPT DEVELOPPED FRAMEWORK FOR FINANCIAL INSTITUTIONS TO BE DEVELOPED FOR OTHER ENTITIES STOCK EXCHANGE REGULATIONS BEING DEVELOPED 13 CODES AND STANDARDS Cont’ INSURANCE REGULATIONS BEING DEVELOPED AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS RATIFIED CODES ON INDUSTRIAL AND ENVIRONMENTAL SAFETY AND HYGIENE OF THE W.H.O RATIFIED BUT ENABLING LAW NOT YET ENACTED. STEPS BEING TAKEN TO EFFECTCOMPLIANCE 14 ACTION PLAN Objective Task Responsibility Time Frame To ensure proper running of the stock exchange and protection of shareholders. Develop Core Task Force Principles of Stock Exchange December 2005 To create oversight body to supervise insurance industry. Establishing Insurance Commission MINECOFIN June 2005 To enhance efficient and effective running of insurance industry. Core Principles of Insurance Supervision Insurance Commission September 2005 15 ACTION PLAN cont… Objective Task Responsibility Time Frame To modernize and make commercial laws consistent. Company Law Reform. MINICOM/ MINIJUST Dec 2005 To fight fraud corruption and comply with best practice guidelines. Anti Money Laundering. BNR / Insurance Commission Dec 2005 To ensure total compliance with Basle I principles. Banking act amendment. BNR Dec 2005 To establish the status of Corporate Governance in the country. National Evaluation of Corporate Governance. PSF/ MINECOFIN Dec 2005 16 ACTION PLAN cont… Objective Task To assess level of National corruption in the Corruption country. Survey Responsibility Time Frame Ombudsman Dec 2005 To govern the profession and ensure compliance with standards. Established Steering Institute of Committee / Certified Public MINECOFIN Accountants ( R ) May 2005 To ensure consistence and compliance with IAS. Harmonize MINECOFIN/ National Chart of AUDITOR Accounts with GENERAL IAS. Dec 2005 To improve skills Institutional efficiency and Capacity effectiveness. Building (HR & MCBA) March 2005 – Dec 2010 17 THANK YOU FOR YOUR ATTENTION ! 18