Annual report 2009-2010
July 2010
OFFICE OF THE OMBUDSMAN OF THE REPUBLIC OF RWANDA
Web site: www.ombudsman.gov.rw
E-mail: ombudsinfo@ombudsman.gov.rw
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ABBREVIATIONS AND ACCRONYMS
1. BHR : Banque de l’Habitat du Rwanda
2. BPR : Banque Populaire du Rwanda
3. BRD : Banque Rwandaise de Développement
4. CAMERWA : Centrale d’Achats des Médicaments Essentiels du Rwanda
5. CDF : Community Development Fund
6. CEPEX : Central Public Investments and External Finance Bureau
7. CMAC : Capital Market Advisor Council
8. CNLG : Commission Nationale de Lutte contre le Génocide
9. CNLS : Commission Nationale de Lute contre le SIDA
10. CNRU : Rwanda National Commission for UNESCO
11. CNTS : Centre National de Transfusion Sanguine
12. CNUR : Commission Nationale de l’Unité et Réconciliation
13. CROIX ROUGE : Rwanda National Red Cross
14. FARG : Fonds d’Assistance aux Rescapés du Génocide
15. FER: Fonds d’Entretien Routier
16. FGA : Fonds de Garantie Automobile
17. FPP : Forum des Parties Politiques
18. HCM: High Council of Media
19. ID Project : National Identity Project
20. ILPD: Institute of Legal Practice and Development
21. IMNR : Rwanda Institute of National Museums
22. IPRC KAVUMU: Integrated Polytechnic Regional Center Kavumu
23. IRST : Institut de Recherche Scientifique et Technologiques
24. ISAE : Institut Supérieur d’Agriculture et d’Elevage
25. ISAR : Institut des Sciences Agronomiques du Rwanda
26. KHI : Kigali Health Institute
27. KIE : Kigali Institute of Education
28. KIST: Kigali Institute of Science and Technology
29. LABOPHAR : Laboratoire Pharmaceutique du Rwanda
30. LNR : Laboratoire National de Référence
31. MMI : Military Medical Insurance
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32. NAFA : National Forestry Authority
33. NCDC : National Curriculum Development Center
34. NDIS : National Decentralisation Implementation Secretariat
35. NEC : National Electoral Commission
36. NISR : National Institute of Statistics of Rwanda
37. NLC : National Land Center
38. NSS : National Security Service
39. OGMR : Office de la Géologie et des Mines du Rwanda
40. ONATRACOM : Office National de Transport en Commun
41. ONP : Office National des Postes
42. ORINFOR : Office Rwandais d’Information
43. PADAB : Projet d’Appui au Développement Agricole de Bugesera
44. PDRCIU : Projet de Développement des Ressources
Communautaires et des Infrastructures de l’Umutara
45. PSC : Public Service Commission
46. PSCBS : Public Sector Capacity Building Secretariat
47. R.N.P : Rwanda National Police
48. RADA : Rwanda Agricultural Development Authority
49. RAMA : La Rwandaise d’Assurance Maladie
50. RARDA : Rwanda Animal Resources Development Authority
51. RBS: Rwanda Bureau of Standards
52. RCA : Rwanda Cooperative Agency
53. RCAA: Rwanda Civil Aviation Authority
54. RDB : Rwanda Development Board
55. RDRC : Rwanda Demobilization and Reintegration Commission
56. RECO-RWASCO : Rwanda Electricity Corporation - Rwanda National Water and
Sanitation Corporation
57. RHODA : Rwanda Horticulture Development Authority
58. RIAM : Rwanda Institute of Administration and Management
59.RNEC : Rwanda National Examination Council
60. RNYC : Rwanda National Youth Council
61.RPPA : Rwanda Public Procurement Authority
62. RRA : Rwanda Revenue Authority
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63. RSSP : Rural Sector Support Project
64. RURA : Rwanda Utilities Regulatory Agency
65. SFB: School of Finance and Banking
66. SNJG : Service National des Juridictions Gacaca
67. SSFR : Social Security Fund of Rwanda
68. TSC : Teacher Service Commission
69. SACCO : Saving and Credit Cooperative
70. NUR : National University of Rwanda
71. WDA : Workforce Development Authority
72. BNR : Banque Nationale du Rwanda
73. CHU/B : Centre Hospitalier Universitaire Butare
74. CHU/K : Centre Hospitalier Universitaire Kigali
75. CNDP : Commission Nationale des Droits de la Personne
76. GMO : Gender Monitoring Office
77. MAGERWA : Magasins Généraux du Rwanda
78. O.A.G : Office of the Auditor General of State Finances
79. OCIR-CAFÉ : Office des Cultures Industrielles du Rwanda-Café
80. OCIR-THE : Office des Cultures Industrielles du Rwanda-Thé
81. REMA : Rwanda Environnement Management Authority
82. SFAR : Student Financing Agency for Rwanda
83. SONARWA : Société Nouvelle d’Assurances du Rwanda
84. TIG : Travaux d’Intêret Général
85. TRAC PLUS : Treatment and Research Aids Center
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TABLE OF CONTENT
TABLE OF CONTENT ............................................................................................................................. V
LIST OF TABLE AND FIGURES. .......................................................................................................... IX
FOREWORD ............................................................................................................................................ XI
PREAMBLE ............................................................................................................................................ XII
1.
PREVENTION AND FIGHT AGAINST INJUSTICE.................................................................... 14
1.1.
PREPARATION AND DISTRIBUTION OF TRAINING MANUALS ..................................... 14
1.1.1. Training manual for the police entitled ‘Preventing and fighting corruption and injustice in
police” ………………………………………………………………………………………………...14
1.1.2. Training manual entitled “preventing and fighting against corruption and injustice in public
procurement” ........................................................................................................................................ 14
1.1.3. Training manual ........................................................................................................................ 14
1.2.
Preventing and fighting injustice, corruption and related offences in categories of citizens ....... 15
1.2.1. Training of the citizens at sector level ...................................................................................... 15
1.2.2. Training sectors and cells executive secretaries ....................................................................... 16
1.2.3. Training the National Police ..................................................................................................... 17
1.2.4. Training of Journalists. ............................................................................................................. 17
1.2.5. Training of investors ................................................................................................................. 17
1.2.6. Training students in secondary schools and high learning institutions .................................... 18
1.2.7. Training members of anti-corruption clubs in secondary schools and high learning institutions
………………………………………………………………………………………………...20
1.3.
Receiving complaints of injustice, corruption and related offenses in public and private
institutions................................................................................................................................................. 20
1.3.1. Categories and types of received complaints ............................................................................ 21
1.3.2. Categories of received complaints ............................................................................................ 25
1.3.3. Evolution status of received complaints ................................................................................... 31
1.3.4. Complaints received at the Office of the Ombudsman ............................................................. 33
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2.
PREVENTING AND FIGHTING CORRUPTION AND RELATED OFFENSES ....................... 40
2.1.
OPERATIONAL AUDIT IN PUBLIC INSTITUTIONS ............................................................ 40
2.1.1. Ministry of Finance and Economic Planning ............................................................................. 40
2.1.2. Ministry of Agriculture and Animal Resources .......................................................................... 41
2.1.3. Ministry of Health ....................................................................................................................... 42
2.1.4. National Unity and Reconciliation Commission ........................................................................ 43
2.1.5. National Electoral Commission .................................................................................................. 44
2.1.6. National Youth Council .............................................................................................................. 45
2.1.7. National Women Council ........................................................................................................... 45
2.1.8. Butare Teaching University Hospital ......................................................................................... 46
2.1.9. Ruhengeri Hospital ..................................................................................................................... 47
2.1.10. Kimironko Health Center.......................................................................................................... 48
2.1.11. Rukira Health Center ................................................................................................................ 48
2.1.12. Rwanda Animal Resources Development Authority (RARDA) .............................................. 48
2.1.13. Rwanda Agriculture Development Authority (RADA) ............................................................ 49
2.1.14. Rwanda Environment Management Authority (REMA) .......................................................... 50
2.1.15. Rwanda Development Bank (BRD) ......................................................................................... 51
2.1.16. Rwanda Housing Bank (BHR) ................................................................................................. 52
2.1.17. Institute of Technology and Scientific Research (IRST) .......................................................... 52
2.1.19. Rwanda Information Agency (ORINFOR)............................................................................... 53
2.1.20. Rwanda Public Procurement Authority (RPPA) ...................................................................... 54
2.1.21. MAGERWA ............................................................................................................................. 55
2.2.
ASSESSMENT OF CONSTRUCTING HOUSES FOR VULNERABLE CITIZENS AND GIRA
INKA MUNYARWANDA PROGRAMS. .............................................................................................. 55
2.2.1. Constructing houses for vulnerable citizens ................................................................................... 56
2.2.2. Iron sheets provided by MINALOC to districts ......................................................................... 56
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2.2.3. Cement provided by MINALOC to districts .............................................................................. 59
2.2.4. GIRINKA MUNYARWANDA Program ................................................................................... 63
2.2.5. Cows provided by MINAGRI in districts ................................................................................... 64
2.2.6. The role of involved parties ........................................................................................................ 67
2.3.
RECEIVING AND INVESTIGATING CORRUPTION CASES ............................................... 68
2.3.1. Corruption in grassroots levels ................................................................................................... 68
2.3.2. Corruption in the judiciary.......................................................................................................... 68
2.3.3. Maladministration in other institutions ....................................................................................... 68
2.3.5. Corruption in employment .......................................................................................................... 69
2.4.
3.
NATIONAL ANTI-CORRUPTION ADVISORY COUNCIL .................................................... 70
DECLARATION OF ASSETS ........................................................................................................ 72
3.1.
DISTRIBUTING AND RECEIVING FORMS OF DECLARATION OF ASSETS .................. 73
3.1.1. High ranking officials, Senators, Deputies, Ministers ................................................................ 74
3.1.2. Staff of the Parliament ................................................................................................................ 74
3.1.3. Judiciary and National Public Prosecution Authority................................................................. 75
3.1.4. Office of the President and Ministries ........................................................................................ 75
3.1.5. Government and parastatal institutions....................................................................................... 76
3.1.7. Secondary schools and higher learning institutions, hospitals and health centers...................... 79
3.2.
VERIFYING FORMS OF DECLARATION OF ASSETS ......................................................... 80
3.3.
STUDY ON THE IMPORTANCE OF PROPERTY DECLARATION...................................... 81
3.4.
3.5. ACTIVITIES OF THE YEAR 2010 (JANUARY-JUNE). ................................................... 84
3.5.
3.6. GIVING AND RECEIVING PROPERTY DECLARATION FORMS ............................... 85
3.6.1. Top Leaders, Senators, Members of Parliament, Ministers ........................................................ 85
3.6.2. National Assembly...................................................................................................................... 85
3.6.3. Judiciary and Public Prosecution ................................................................................................ 85
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3.6.4. Office of the President and Ministry........................................................................................... 86
3.6.5. Governmental and parastatals institutions ................................................................................. 87
3.6.6. Provincial administrators and staff, Kigali City, Districts and sectors . .................................... 89
3.6.7. Secondary schools and higher learning institutions, hospitals and health centers...................... 90
3.6.
3.7. GENERAL TABLE COMPARING THE YEAR 2009/2010 ............................................... 90
3.7.
3.8. ANALYSIS OF SOURCES OF PROPERTIES .................................................................... 91
4.
EVALUATING SENIOR LEADERS BEHAVIOURS ................................................................... 91
4.1.
SENSITIZATION ON THE ORGANIC LAW ON LEADERSHIP CODE OF CONDUCT ..... 91
4.2.
MONITORING THE IMPLEMENTATION OF THE LEADERSHIP CODE OF CONDUCT 92
5. MEANS AND WAYS USED IN IMPLEMENTING THE DUTIES OF THE OFFICE OF THE
OMBUDSMAN ........................................................................................................................................ 92
5.1.
RELATIONS BETWEEN THE OFFICE OF THE OMBUDSMAN AND OTHER
INSTITUTIONS ....................................................................................................................................... 92
5.2.
AN INTERNATIONAL CONFERENCE OF AFRICAN OMBUDSMEN AND THE SWEDISH
OMBUDSMAN ........................................................................................................................................ 94
5.3.
The international conference of African Ombudsmen and the Swedish Ombudsman. ................ 95
5.4.
5.3. Budget and Equipments ......................................................................................................... 97
5.5.
5.4. Source of money used in 2009-2010. .................................................................................... 98
5.6.
5.5. BUDGET USE: 2009-2010 .................................................................................................. 98
6. RECOMMENDATIONS AND CHALLENGES ............................................................................... 100
6.1.
Preventing and fighting against injustice .................................................................................... 100
6.2.
Preventing and fighting corruption and other related crimes. .................................................... 101
6.3.
Property Declaration ................................................................................................................... 101
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LIST OF TABLE AND FIGURES
1. Table
Table n°1: Complaints received per province and district ........................................................................ 22
Table n° 2: Complaints received per provinces and Kigali City .............................................................. 23
Table n° 3: Categories of received complaints ......................................................................................... 25
Table n°4: Percentage of received complaints according to their categories. .......................................... 26
Table n° 5: Complaints received according to the evolution status and provinces .................................. 31
Table n°6: Percentage of all received complaints according to evolution status...................................... 32
Table n°8 : Iron sheets provided to Western Province ............................................................................. 56
Table n° 9: Iron sheets provided to East Province .................................................................................... 57
Table n°10 : Iron sheets provided to Southern Province .......................................................................... 57
Table n°11: Iron sheets provided to Northern Province .......................................................................... 59
Table n°12 : Iron sheets provided to Kigali City ...................................................................................... 59
Table n°13 : Sacks of cement provided to West Province ....................................................................... 60
Table n°14: Sacks of cement provided to Eastern Province .................................................................... 60
Table n°15 : Sacks of cement provided to Southern Province ................................................................ 61
Table n°16 : Sacks of cement provided to Northern Province ................................................................ 61
Table n°18: Cows provided to the Eastern Province ................................................................................ 64
Table n°19: Cows provided to the Southern Province .............................................................................. 64
Table n°20: Cows provided to the Northern Province .............................................................................. 65
Table n°21: Cows provided to the Western Province ............................................................................... 65
Table n°22: Cows provided to Kigali City .............................................................................................. 65
Table n°23: Corruption cases.................................................................................................................... 69
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2.
Figures
Graph n°1: Complaints received per provinces and City of Kigali .......................................................... 24
Graph n° 3: Complaints received according to its evolution status .......................................................... 32
Graph n° 4: Corruption cases .................................................................................................................... 69
Graph n° 5 : Shows that property declaration made the concerned more accountable to government
property ..................................................................................................................................................... 82
Graph n°6: In reference to sex the graph shows that property declaration made people not seek for
bribery of gifts .......................................................................................................................................... 83
Graph n°7 : reference to the posts at work shows that it is important to declare properties every year . 84
Graph n° 8: Giving and receiving property declaration booklets 2010 ................................................. 91
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FOREWORD
The Office of the Ombudsman has seven years of experience; it started its activities at the beginning of
the year 2004. Since then, so many activities have been done including sensitising citizens about the evil
of corruption and injustice and highlighting the duties of the Office of the Ombudsman. Even though
there is still much to be done, so many activities have been achieved.
The Office of the Ombudsman has a mission to promote good governance in public and private
institutions as stipulated in the Constitution of the Republic of Rwanda. Currently, the Office of the
Ombudsman was accorded more responsibilities and given the powers of judicial police.
In implementing its duties, in the year 2009-2010, the Office of the Ombudsman received and handled
cases of injustice brought by individuals and independent associations. During the year 2010 the Office
started outreach program at grassroots levels in order to reduce transport costs for citizens.
In preventing corruption and injustice, the Office of the Ombudsman organised sensitisation programs in
various government and parastatal institutions on how to improve their services. Government officials
and managers of public finances provided by the law continued to declare their assets so as to increase
transparency and accountability.
The Office of the Ombudsman extends its gratitude to the government and private institutions, citizens
and other stakeholders for their support towards the achievement of its mission.
Chief Ombudsman
Tito RUTAREMARA
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PREAMBLE
From January 2009 to June 2010, the Office of the Ombudsman continued to carry out its duties as
stipulated in the law n0 25/2003 0f 15/08/2003 as modified and complemented by the law no 17/2005 of
18/08/ 2005 governing the organisation and functioning of the Office of the Ombudsman. These include:
1. Act as a link between the citizens and public and private institutions;
2. Prevent and fight against injustice, corruption and related offences in public and private
institutions;
3. Receive and examine, in the context mentioned above, complaints from individuals and
independent associations relating to acts of civil servants, state organs, and private institutions
and to mobilize such civil servants and institutions in order to find solutions to such complaints
if it finds they are well founded;
4. Receive the faithful declaration of assets Senior Officials and civil servants involved in public
property management;
5. Make a follow up on the respect of laws relating to conduct of politicians and other leaders;
6. Coordinate National Anti-Corruption Advisory Council activities.
In preventing and fighting injustice, during the year 2009-2010, various training sessions were carried
out in different sectors of the country for grassroots and local leaders, opinion leaders, nongovernmental organizations, journalists and students in secondary schools and high learning institutions.
The Office of the Ombudsman also received complaints of injustice totalling to 5,386. Among those
complaints, 2,437 were solved; 2,345 transferred to concerned institutions; 604 are still under analysis.
Compared to the year 2008, complaints increased due to cases related to the decisions of Gacaca courts
and due to outreach program.
In preventing and fighting corruption and related offences in government and private institutions, the
Office of the Ombudsman received and investigated 225 cases relating to corruption; among them 187
were solved; 23 still under analysis and 15 were transferred to concerned institutions.
In conducting operational audits in government institutions, the following were visited: the following
were visited: Ministry of Finance and Economic Planning, Ministry of Agriculture and Animal
Resources, Ministry of Health, National Commission for Unity and Reconciliation, National Electoral
Commission, National Youth Council, National Women Council, Butare Teaching University Hospital,
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Ruhengeri Hospital, Kimironko Health Center, Rukira Health Center, Rwanda Animal Resources
Development Authority (RARDA), Rwanda Agriculture Development Authority (RADA), Rwanda
Environment Management Authority (REMA), Rwanda Development Bank (BRD), Rwanda Housing
Bank (BHR), Rwanda Technology and Research Institute (IRST), Rwanda National Museums Institute,
Rwanda Information Office (ORINFOR), Rwanda Public Procurement Authority (RPPA)
and
MAGERWA.
During the year 2009-2010, the following officials have declared their assets: High ranking officials,
senior officials, judges, prosecutors, Diplomats, civil servants and staff parastatal, governors of
provinces, mayors, executive secretaries of sectors, heads of secondary schools and high learning
institutions. In 2009, declaration forms were distributed to 5,690 officials and all of them were returned.
In 2010, declaration forms were distributed to 6,653 officials; those who filled and returned them were
6,597 i.e. 99% and only 56 officials i.e. 1% did not return them.
In the year 2009-2010, the Office of the Ombudsman verified the use of property of the political parties.
In fulfilling its duties, the Office of the Ombudsman increased the capacity of its employees by giving
them trainings and study tours and recruiting new staff.
There were also different meetings that were attended by the members of National Anti-Corruption
Advisory Council.
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1. PREVENTION AND FIGHT AGAINST INJUSTICE
1.1.
PREPARATION AND DISTRIBUTION OF TRAINING MANUALS
The Office of the Ombudsman prepared the training manuals meant for police, investors and other
workers employees. These training manuals are meant to sensitise citizens to prevent and fight injustice,
corruption and related offenses.
1.1.1. Training manual for the police entitled ‘Preventing and fighting corruption and injustice
in police”
This training manual focuses mainly on the nature of injustice and corruption in general, and in
particular point out the nature of corruption that is frequently found in police in its different activities
especially the traffic police. The manual encourages those involved in police activities to refrain from all
types of corruption and injustice towards their customers as far as fighting and investigating corruption
and related crimes violating human rights are in their duties.
1.1.2. Training manual entitled “preventing and fighting against corruption and injustice in
public procurement”
This training manual was prepared for investors and procurement officers because they involved in
public procurement. Due to the fact that public tenders are very few compared to the bidders, the latter
use all means to win the tender. Among those means used include corruption that direct or indirect
received or demanded. Basing law n°12/2007 of 27/03/2007 governing public procurement, this training
manual explains the main issues and guidelines to be followed in public procurement, and sensitizes
investors and pubic procurement officers to refrain from corruption and injustice in their duties.
1.1.3. Training manual on “good service delivery in public government institutions"
After a thorough analysis, the Office of the Ombudsman observed that one the causes of corruption and
injustice is lack of good service delivery where a citizen is not provided with his or her rights. The
training manual sensitises civil servants to respect principles governing good service delivering taking
into account that the mission of the government is to serve the citizens and that a citizen requiring
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service is compared to a client buying goods from a shop. Civil servants are requested neither to neglect
their customers nor to delay delivering service which may be lead to corruption.
1.2.
Preventing and fighting injustice, corruption and related offences in categories of citizens
1.2.1. Training of the citizens at sector level
In the year 2009-2010, the staff of the Office of the Ombudsman visited 150 sectors of 27 districts of all
the four provinces in the program of training the citizens in preventing and fighting injustice, corruption
and related offences. The selected sectors were those not visited in the previous outreach program and
those located far from the districts offices which may be a hindrance to the citizens to submit their
complaints to district or other competent authorities in case they are not solved by grassroots levels.
The meetings conducted in different sectors were meant to sensitize the citizens to fight injustice,
corruption and related offences, to be aware of the laws and abide by them, to solve themselves their
complaints and trying to avoid them by respecting the existing laws.
The citizens were given the explanations on the content of three training manuals mentioned above and
were given an opportunity to share views with the staff of the Office of the Ombudsman.
The citizens were given explanations on their rights to land. Sometimes their rights are violated during
expropriation process where there are not given appropriate compensation or there is delay in payment
of compensation while their properties are being damaged and are not allowed to repossess their
properties.
The citizens also complained about land sharing issues. Sometimes they request the intervention of local
authorities in land sharing but in reaction these local authorities allege that they are still waiting for the
instructions regarding land sharing. Some citizens are requested to share land but refuse it because they
claim to have absolute rights to their properties and invoke that no instructions for land sharing have
been established to that effect. These instructions were later established by a Ministerial Order no
001/16.01 governing land sharing which would solve land sharing issues.
Concerning procedures in courts, citizens were encouraged to participate in solving their own
complaints in their families before submitting them to the conciliators committees or courts. They were
also encouraged to think of the advantages of seizing courts and to examine if they have enough
16
evidence because they sometime lose cases due to lack of evidence or they brought the cases before
incompetent courts.
The Office of the Ombudsman, explained to the citizens that whenever they take their cases to the courts
they should respect procedures and accept the decisions taken instead of wasting their time later
claiming to different administrative organs that they have been unjustly treated by courts. In the
trainings held in different sectors, citizens were informed that the execution of court decisions is meant
to give to the winner his or her rights. Therefore non execution of judgment is vitiation of human rights
and leads to injustice. They were requested to voluntarily execute judgments and if not the Executive
secretaries of the cells and the sectors or other competent authorities should execute the judgments by
force. Those responsible for judgment execution were encouraged to execute them in due time to avoid
penalties provided for by the law and in so doing they are discharging their duties. After discussions,
citizens got opportunities to submitting their complaints of injustice and those complaints are
highlighted in the second part of this report.
1.2.2. Training sectors and cells executive secretaries
In reinforcing good governance in our country, the Office of the Ombudsman trained in the first intake
sectors and cells executive secretaries of Gasabo, Kayonza, Ngoma, Rwamagana, Huye and Nyamagabe
Districts. These districts were selected due to the big number of complaints received where of some
them were due maladministration. These leaders were encouraged and sensitized towards solving
citizens’ complaints promptly so as to protect citizens against frequently recourses to different
administrative organs and against providing corruption. They were also encouraged to participate in the
outreach program of the Office of the Ombudsman of receiving citizens’ complaints every month at
every district office. This program is efficient as far as leaders provide information on how they solved
citizens’ complaints and for those which were not solved; recommendations were made on how they
would be solved. The trained leaders appreciated the program and explained that it helps them to solve
complaints of citizens.
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1.2.3. Training the National Police
The Office of the Ombudsman organized trainings for the National Police. The Office explained the
nature of corruption and injustice in our country in general and National Police in particular. Based on
the study carried out by the Office of the Ombudsman which indicated that the traffic police comes first
in the ranking of corrupt institutions, the police were given explanations on the bad consequences of
corruption to whoever gives it or receives it. The one giving bribe discredits himself or herself and
impoverishes himself or herself. Such tendencies may lead to imprisonment and paying of fines. The
one receiving bribe does not adequately discharge his or her duties, ruins the state, and also discredits
himself or herself.
The convict gets the same punishment as the one giving it. The police was
encouraged to refuse, prevent and fight corruption as part of their duties as investigators.
1.2.4. Training of Journalists.
The Office of the Ombudsman specifically collaborates with media in the program of disseminating its
activities and sensitizing citizens to play an active role in eradicating injustice and corruption. The media
has the mission of educating citizens, it has a big role to play in preventing and fighting injustice,
corruption and related offenses and denouncing them. It also explains to the citizens the strategies taken
to prevent and fight injustice and corruption. Journalists should therefore understand the meaning of
injustice and corruption and understand how different levels of administration have the duties to prevent
and fight injustice, corruption and related offenses.
Journalists especially in public and private media were trained on how to prepare and broadcast
information related to prevention and fight against injustice, corruption and related offences. The Office
of the Ombudsman encouraged them to closely work together in the fight against injustice, corruption
and related offenses by revealing acts of corruption and injustice so as to deal with them accordingly.
1.2.5. Training of investors
Investors were trained on the nature of corruption and injustice in general and particularly in relation to
public procurement. Investors play a big role in government activities such as constructing roads,
schools, hospitals and other government infrastructures and equipments. In order for these activities to
be done, the government uses tender procedures. Sometimes these bidders pass through illegal
18
procedures like providing bribes and they are awarded the tenders without required qualifications skills.
Corruption in public procurement has a big impact on the citizens and the government because the
works are sometimes delayed or badly executed. This is why some government infrastructures are
destroyed or do not last for so long. In that regard, they were given explanations on the provisions of the
law no 12/2007 of 27/03/2007 governing public procurement.
Investors resolved to play a role in preventing fighting injustice and corruption in public procurement
especially they suffer the consequences, in case there is corruption, the one who should genuinely get
the offer is offended. They also requested that these trainings be extended to civil servants in charge of
public procurement.
1.2.6. Training students in secondary schools and high learning institutions
These are students who were trained
The Office of the Ombudsman trained students from secondary schools and high learning institutions.
They were trained on the role they should play in refusing and fighting injustice, corruption and related
offenses. They were requested to sensitize their fellow students and youth in general. Students are the
hope of the country; they should earlier be prepared to be able to fight injustice and corruption.
19
Participants were given explanations on different types of injustice and corruption that may arise in
schools such as giving marks to students who do not deserve them, giving preferential considerations to
some students, cheating and misconduct.
Injustice and corruption in schools have negative consequences on students such as lack of skills,
selfishness, lack of determination and laziness. In order to avoid all these consequences, students should
be characterized by discipline, be active and hardworking. This behavior can be achieved through their
commitment to school work, avoiding all kinds of segregation amongst themselves. Students should
develop a sense of integrity and respect of human rights. The Office sensitized them to reject the
genocide ideology that has been observed in different schools. The Office encouraged them to set up
anti-corruption clubs.
The total number of 294 students from all districts of the country participated in the training. Each
school was represented by two students. They met in different places as follows:
-
Gasabo: schools from Nyarugenge, Gasabo, Kicukiro, Bugesera, Rulindo, Gakenke and Gicumbi
Districts;
-
Muhanga: schools from Rutsiro, Ngororero, Karongi, Muhanga, Kamonyi and Ruhango
Districts;
-
Huye : schools from Huye, Nyamagabe,Gisagara, Nyanza and Nyaruguru Districts;
-
Rusizi: schools from Rusizi and Nyamasheke Districts;
-
Musanze : schools Institutions of Musanze, Nyabihu, Burera and Rubavu Districts;
-
Ngoma : schools from Ngoma and Kirehe Districts;
-
Rwamagana: schools from Rwamagana, Nyagatare, Gatsibo and Kayonza Districts.
On the invitation of the National Unity and Reconciliation Commission, the Office of the Ombudsman
held discussions in different solidarity camps for students’ candidates to join high learning institutions.
These solidarity camps are held in Nkumba in Burera District. Students are sensitized on how to fight
injustice and corruption wherever they are and where they will work and on good delivery services.
They are trained to be good leaders and hard working employees and to promote general interest.
In general, students appreciated discussions they had with the Office of the Ombudsman because they
helped them to better understand the negative impact of injustice and corruption and gave them
guidelines towards the promotion of rule of law. They committed themselves to fighting corruption and
20
injustice in their schools and everywhere. They also requested other institutions hold discussions with
them on different government programs in order for citizens to consciously participate in those programs
and to help other citizens to implement them.
1.2.7. Training members of anti-corruption clubs in secondary schools and high learning
institutions
The Office of the Ombudsman trained members of the anti-corruption clubs in secondary schools and
high learning students of secondary schools and high learning institutions. They were sensitized on their
role they should play in the refusing and fighting injustice, corruption and related offenses. They have
the duty to sensitize their fellow students and youth in general on preventing and fighting injustice and
misconduct observed in and out of secondary schools and high learning institutions. These misconduct
relate to cheating, bribing teachers, laziness and the ideology of divisionism and segregation.
In Kigali City, the Office of the Ombudsman trained students from 33 schools as follow:

Nyarugenge : 14

Kicukiro : 12

Gasabo: 7
The Office also trained students’ members of anti-corruption clubs from 22 schools from the following
districts of Eastern and Northern Provinces:

Nyagatare :14

Gatsibo: 3

Musanze: 9

Burera : 4

Gakenke : 2
The participants expressed their appreciation because trainings help them to be aware of different
activities related to the preventing and fighting corruption and to share information with their
colleagues.
1.3.
Receiving complaints of injustice, corruption and related offenses in public and private
21
institutions
In reference to the law no 25/2003 of 15/08/2003 establishing the organizing and functioning of the
Office of the Ombudsman as modified and complemented by law no 17/2005 of 18/08/2005 in its article
7, section 3 and 8, the Office of the Ombudsman has in its attributions to sensitize citizens towards the
prevention and fight injustice, corruption and related offenses and train employees from different
governmental and non government organizations; receive and examine complaints from individuals and
independent associations relating to acts of civil servants, state organs, and private institutions and to
mobilize such civil servants and institutions in order to find solutions to such complaints if it finds they
are well founded.
In the year 2009, the Office of the Ombudsman visited citizens in some sectors of the districts and
encouraged them to play a role in preventing and fighting injustice, corruption and related offenses. In
this program, the Office of the Ombudsman received complaints of injustice brought by the citizens and
solved them in collaboration with local authorities and citizens themselves. For some complaints which
were not solved, the Office requested the complainants to file them so as to make follow up; for others
the Office provided advice to the complainants to submit them complaints to competent authorities.
In January and February of 2010, the Office of the Ombudsman followed up complaints which were
transferred to local authorities and how they were solved and why others were not solved and the way
forward. Thus, the citizens obtained redress. During this program, the Office received and solved new
complaints. In April 2010, the Office initiated the outreach program in order to reduce transport costs
for citizens and to effectively solve their complaints.
This report indicates the total number of received complaints from January 2009 to June 2010
amounting to 5,386, their categories, solved and not solved complaints. This report also analyzes why
some complaints were not solved and what should be done for them to be solved. It points out general
and particular complaints. The report too provides recommendations for the improvement of functioning
of the services in charge or receiving and solving complaints of citizens. General complaints include:
complaints related to expropriation for general interest, land sharing and execution of judgment.
1.3.1. Categories and types of received complaints
This part of the report indicates the total number of complaints received during the year 2009- 2010,
22
their categories, their types and their evolution status.
Table n°1: Complaints received per province and district
Province
District
Number
Percentage
Gasabo
359
48.98
Nyarugenge
230
31.38
Kicukiro
144
19.64
Total
733
100
Gisagara
108
7.50
Huye
181
12.58
Kamonyi
192
13.34
Muhanga
184
12.79
Nyamagabe
238
16.54
Nyanza
228
15.84
Nyaruguru
116
8.06
Ruhango
192
13.35
Total
1,439
100
Burera
207
21.63
Gakenke
162
16.93
Gicumbi
175
18.27
Musanze
251
26.24
Rulindo
162
16.93
Total
957
100
Karongi
98
9.23
Ngororero
147
13.84
Nyabihu
214
20.15
Nyamasheke
164
15.44
Rubavu
200
18.83
Rusizi
158
14.88
Rutsiro
81
7.63
Kigali City
Kigali City
Southern Province
Northern Province
Western Province
23
Eastern Province
TOTAL
Total
1,062
100
Bugesera
173
14.45
Gatsibo
166
13.90
Kayonza
197
16.46
Kirehe
122
10.20
Ngoma
137
11.44
Nyagatare
222
18.55
Rwamagana
180
15.00
Total
1,197
100
All provinces
5,386
100
Comments:
-
In the table above shows that the number of complaints received and examined in the year 20092010 is 5,386.
-
During the outreach program, in some districts some citizens having complaints did not attend the
meetings because they were not informed by their respective authorities. These districts are for
example Gisagara, Karongi and Rutsiro where a few number of informed citizens participated in the
outreach program. Hence the analysis of this table does not clearly indicate the district where there
are many complaints and the real causes. However, making the comparison of figures according to
the districts, Gasabo District comes first with a big number of complaints in the Kigali City having
359 complaints while Kicukiro District has only 144 complaints. As far as the districts of the
provinces are concerned, Musanze District of the Northern Province comes first with 251 complaints
followed by Nyamagabe District of Southern Province with 238 complaints, Nyanza District of
Southern Province with 228 complaints and Nyagatare District of Eastern Province with 222
complaints. Districts which show few complaints are Rutsiro (81), Karongi (98) and Gisagara (108)
due to the fact that citizens did not attend.
Table n° 2: Complaints received per provinces and Kigali City
Province
Kigali City
Number
Percentage
24
Kigali City
733
13.60
Southern Province
1439
26.73
Eastern Province
1197
22.23
Northen Province
955
17.73
Western Province
1062
19.71
Total
5386
100
Graph n°1: Complaints received per provinces and City of Kigali
How complaints were
NUMBER OF
COMPLAINTS
1439 Received
1600
in provinces
1400
1197
1200
1062
955
1000
800
How complaints were
733
600
Received in provinces
400
200
0
Kigali city
I
Sout
h
East North
West
Province
Note:
Based on the number of complaints examined in all provinces and Kigali City, the Southern Province
comes first with 1,439 out of 5,386 complaints i.e. 26.73%. The analysis shows that this Province has
25
many complaints related to Gacaca court decisions.
Out of 230 complaints related to Gacaca court decisions received from all provinces, the Southern
Province has 112 complaints i.e. 48.70%. There is also a bigger number of complaints related to
execution of judgments amounting to 211 out of 687 i.e. 30.71%. Kigali City shows a few number of
complaints amounting to 733 out of 5,386 i.e. 13.60%. Northern Province shows 955 complaints i.e.
17%. The reason for the Kigali City and Northern Province to have few number of complaints is not that
the citizens do not have complaints but the fact is that they have few number of districts compared to
other provinces. For instance Musanze District of Northern Province comes second in the whole country
as regards to districts having many complaints.
1.3.2. Categories of received complaints
Table n° 3: Categories of received complaints
Categories
Kigali
Northern
City
Execution
of 73
Southern
Eastern
Western
Total
Province
Province
Province
Province
134
211
113
156
687
39
177
51
44
338
229
108
97
156
641
15
112
13
66
230
0
31
13
7
56
65
35
68
52
272
judgements
Disatisfaction
execution
with 27
of
judgements
Disatisfaction
with 51
conciliators or courts
decisions
Disatisfaction
with 24
Gacaca court decisions
Execution of Gacaca 5
court decisions
Cases
pending
in 52
courts
Administration
156
56
79
42
127
460
Labour
40
42
30
35
35
182
Arrears and terminal 26
32
56
40
43
197
allounces
26
Land sharing
3
27
27
46
14
117
Plots and Settlement
66
36
52
99
40
293
Frams
0
1
22
49
2
74
Land
74
99
201
293
137
804
Social
21
59
153
38
17
288
CSR
18
17
31
11
11
88
Insurance
1
5
12
25
12
55
Others
79
95
98
155
137
564
Commercial
17
4
4
9
6
40
Total
733
955
1,439
1,197
1,062
5,386
Table n°4: Percentage of received complaints according to their categories.
Categories
Number of complaints
Percentage
Execution of judgements
687
12.76
Disatisfaction with execution of judgements
338
6.27
Disatisfaction with conciliators
or courts 641
11.90
decisions
Disatisfaction with Gacaca court decisions
230
4.27
Execution of Gacaca court decisions
56
1.04
Cases pending in courts
272
5.05
Administration
460
8.54
Labour
182
3.38
Arrears and terminal allounces
197
3.66
Land sharing
117
2.17
Plots and Settlement
293
5.44
Frams
74
1.37
Land
804
14.93
Social
288
5.38
CSR
88
1.63
Insurance
55
1.02
Others
564
10.47
27
Commercial
40
0.74
Total
5,386
100
Note:
As shown in the table above, the bigger number of complaints is in three categories including, land,
execution of judgments and dissatisfaction with conciliators or court judgments.

Complainants requesting execution of their judgments
It has been observed that government bailiffs delay to execute court decisions or conciliators enforceable
decisions. In most cases, they pretend to be too busy yet it is not the only reason instead they lack
determination. Other reasons are related to nepotism and favoritism. However, bailiffs face some
challenges for instance where looser is insolvent or even the looser dissimilates the property so as to
avoid payment.
Another challenge in the execution of judgments arises in expropriation of many citizens for the winner
to get the land; the authorities have no land to resettle those citizens. The Office of the Ombudsman in
collaboration with administrative authorities proceeds to mediation between the winner and the citizens
to be expropriated. In case the mediation is not successful, the court decision should be enforced.
Challenges in the execution of Gacaca court decisions are similar to those related to execution of court
judgments as mentioned above. All received related to execution of courts decisions are 687 complaints
out of 5,386, i.e. 12.7%. The Southern Province comes first with big number of such complaints totaling
211 out 687 i.e. 30.71%.

Dissatisfied with execution of courts decisions
The Office of the Ombudsman received several complaints relating to the execution of courts decisions
where citizens were claiming not that they were not given fully given their rights according to court
rulings. Given the fact that most of complaints are related to land issues, the main reason is that the land
is not appropriately measured or even the court ruling provides less than what the complainants should
be given hence during execution the winner considers that he/she is not given what he/she was supposed
to get. The Office of the Ombudsman advises the complainants to file a suit of unfair execution of
judgement in the court which rendered the judgement in the last instance. The Office may also request
the correction of the execution of the judgement when it possible.
28
When the Office finds that the judgement was appropriately executed, it provides advice to
complainants to avoid frequent recourses to courts. These are also instances where parties to the case
object or resist to the execution courts decisions by taking back the property they lost or by removing the
boundary makers. In this case, the complainants are advised to take the case to the police and it takes it
to prosecution. In this situation, the citizens have to wait for a long time for the conclusion of court
proceedings.
Complaints relating to dissatisfaction of execution of court decisions are mostly observed in the
Southern Province where the number of complaints is 177 out of 338 i.e 45.62%.

Complaints related to land
Complaints related to land raise mainly from family, neighbours and individuals conflicts.
Complainants claim that their relatives appropriate themselves the land, others claim that others go
beyond the boundary limits of their lands, others claim that citizens who are not even their relatives
grabbed their lands and others claim that local leaders have dispossed them of their and gave them to
other citizens. In case the complaint is between individuals, the Office of the Ombudsman advises the
complainants to take the case to the local authorities or to conciliators committee. When the
complainants claim that they have been dispossed of their lands by local authorities, the Office carries
out investigations; when it finds out that there is injustice, it recommends to the authorities to give back
the property to the owner. The major problem in this category is that of people who returned from exile
and request for their lands whereas so many families occupy the lands they claim. The Office of the
Ombudsman recommended that where possible the lands be given back to the owners, in case those
occupying them have their traditional lands or to proceed to land sharing.
Such complaints are mostly predominant in Eastern Province where their number is 293 out of 804
complaints i.e. 36. 44%. This Province is followed by Southern Province which has 201complaints i.e.
25% while the other Provinces follow respectively: Western Province has 137 complaints i.e. 17.03%,
and Northern Province has 99 complaints i.e. 12.31%. The big number of land related-complaints in
Eastern Province and Southern Province is due to the fact there is a great number of people who returned
from exile and who request for settlement and to the persistence of land conflicts.
29
These are other categories with many complaints:

Those dissatisfied with the courts decisions.
The Office of the Ombudsman requires the complainants dissatisfied with the court decisions to submit
to it the judgement copies so as to be analyzed and advises them about how to make to appeal or
review of the judgement. They are also advised to accept the court decisions. It has been observed that
most of the time when a party looses the case; he/she claims that there might have been corruption or
favoritism. However, when analyzing the judgment copies it is found that he/she lost the case due to
convincing reasons. Sometimes he/she claims that the court did not rule over the case but when the
claims are analyzed, it is found out that he/she did not respect legal procedures like respecting time
stipulated by the law, lacking the quality to sue and filing a case to the incompetent court. The main
cause of this is the ignorance of the laws. This is why the Office of the Ombudsman initiated
sensitization program regarding the important laws relating to their daily lives.
Such complaints are predominant in Northern Province where there are 229 complaints out of
641complaints i.e. 35.72% followed by Western Province which has 156 complaints i.e. 24.33%. These
kind of complaints does not have conclusive explanation but it is presumed that they some citizens who
are rigid or ignore that court decisions cannot be challenged by other institutions even if the Office of
the Ombudsman has frequently explained it to them.

Those dissatisfied with Gacaca court decisions
In case of the complaints related to Gacaca court decisions, the Office of the Ombudsman advices the
complainants to take them to the national Gacaca jurisdictions. Due to the big number of complaints
related to Gacaca court decisions, the Office of the Ombudsman transferred some of them to the Prime
Minister Office and requested it to set up strategies for solving them. Copies were provided to H.E the
President of the Republic of Rwanda and to the National Service of Gacaca Courts. Such complaints are
predominant in Southern Province where there are 112 complaints out of 230 in all provinces i.e.
48.70%.

Cases pending in courts
30
The Office of the Ombudsman received complaints related to the cases pending in courts. The Office
made the advocacy so that the courts fix nearer dates for hearing although courts invoke that they can
hardly change the dates due to a big number of such requests. Complaints are almost the same in all
provinces.

Complaints related to administration
Complaints related to administration are mainly from individuals or associations dissatisfied with
decisions taken by the administration. Once the Office of the Ombudsman has examined them and
concluded that they are well founded, it recommends to the administration to change them. When the
decisions were legally taken, it explains to the citizens that legal basis of such decisions.
Such complaints are predominant in Kigali City where there are 156 complaints out of 460 i.e. 33.91%
followed by the Western Province which has 127 complaints i.e. 27.60%.

Complaints related to labour
Complaints related to labour include those illegal dismissal and dismissal due to restructuring of public
services in 2009. The concerned are mainly former districts employees. These are also complaints for
those who passed the exams but are not appointed. for those who. The number of these complaints are
almost the same in is almost all provinces: Kigali City (40), Southern Province (30), Northern Province
(42), Eastern Province (35), and Western Province (35).

Complaints related to plots and settlement
This category is divided into the following sub-categories:
a)
Citizens who returned from exile and had no land found; they requested the Government to be
settled. These citizens are settled in imidugudu but most of them do not have resources hence the
Government has to assist them to build houses.
b)
Citizens whose houses are demolished because they don’t have required documents. The Office
of the Ombudsman recommended their administration to facilitate them to get the required documents.
In case of illegal construction, the concerned institutions should stop them instead of demolishing
houses when citizens occupy them.
31
c)
Citizens claiming that they have been dispossed of their plots mostly in urban areas. The Office
of the Ombudsman investigated these complaints and when it found out that there injustice it
recommended for redress.
d)
Expropriation for public interest and land sharing. Complaints related to expropriation for public
interest and to land sharing shall be deeply discussed. Complaints related to plots and settlement are
predominant in Eastern Province for the reasons mentioned above where are 99 out of 293 complaints
i.e. 33.78%, followed by Kigali City which has 66 complaints i.e. 22.52%.

Complaints related to National Social Security Fund (CSR)
Complainants mostly claim that CSR did not give them their pension but after investigation, it was
found out that there is prescription for 10 years as stipulated by the law. The Office of the Ombudsman
advised to modify the law. This category does not have many complaints as they are only 88. Out of
which the Southern Province has 31complaints i.e. 35.22% followed Kigali City which has 18
complaints, i.e. 20.45%.

Other Categories of complaints include: delinquency, destroying crops by animals, violence
and others. The Office of the Ombudsman advised the complainants to take such complaints to
competent authorities before logging them to the Office. The big number of such complaints is found in
Eastern Province which has 155 complaints out of 564, i.e. 27% followed by Western Province which
has 137 complaints i.e. 24%.
1.3.3. Evolution status of received complaints
Table n° 5: Complaints received according to the evolution status and provinces
Evolution status
Provinces / Kigali City
Kigali
Southern
Northern
Eastern
City
Province
Province
Province
Western
Total
Province
Oriented complaints
310
394
696
459
486
2,345
Solved complaints
284
478
598
609
468
2,437
Pending complaints
139
83
145
129
108
604
Total
733
955
1,439
1,197
1,062
5,386
32
Table n°6: Percentage of all received complaints according to evolution status
Evolution status
Number
Percentage
Oriented complaints
2,345
43.54
Solved complaints
2,437
45.24
Pending complaints
604
11.22
Total
5,386
100%
Graph n° 3: Complaints received according to its evolution status
Evolution status
Pending 11%
Oriented 44%
Oriented
Solved
Pending
Solved
45%
The table above shows that most of received complaints were solved and others were oriented to
competent authorities. The oriented is considered as solved by the Office of the Ombudsman unless the
competent authority does not solve it and is submitted again to the Office. For this reason, the solved
33
complaints are 88.78%. Others complaints are under analysis or concerned institutions have not yet
replied.
1.3.4. Complaints received at the Office of the Ombudsman
Table no 7: Complaints received based on kind of complainants
Province and Kigali Complaints received at the Office of the Ombudsman
City
Female
Male
Associations
Groups
Total
Kigali City
318
356
14
45
733
Northern Province
413
521
7
14
955
Southern Province
669
751
15
4
1,439
Eastern Province
482
662
8
45
1,197
Western Province
417
585
8
52
1,062
Total
2,299
2,875
52
160
5,386
Percentage
42.68
53.38
0.96
2.98
100%
Note :

In analyzing complaints received according to gender, the Office of the Ombudsman intended to find
out if great number of complainants is women or men and to analyze the underlying cause. Some
complaints were brought by a group of people or by associations so that it was not possible to identify
sex. It has been observed that the number of men (53.38%) is more than that one of the women (42.68
%) there is no specific cause.

The number of Complaints from individuals is bigger than that one from associations and groups.
Regarding complaints from group, you find that neighbours having the same complaints come together
and submit jointly their complaints, like in cases of expropriation for public interest, like in case of
removing citizens from marshlands to be given to associations or removing individuals from lakesides
etc… There are also some other common complaints but complainants do not ally so as to submit jointly
their complaints. Such complaints include those related to land sharing, settlement, arrears, terminal
benefits... It is not easy to investigate them but when they are submitted in groups it becomes easy to
find appropriate solution.
34
1.3.5. Common complaints
i.
Arrears
Among the complaints received by the Office of the Ombudsman during the outreach program there are
those related to arrears of employees, including teachers, former employees of communes or towns,
prefectures, sub prefectures, and government institutions. Teachers in particular requested their
termination benefits as far as they were governed by general statute for public service.
After explanations from different authorities, concerned complainants were advised to wait for the
solutions since the Ministry of Finance and Economic Planning sent lists of arrears to districts for
checking.
The particularity of complaints related to arrears is due to the fact that for one to be on the list, he/she
should be having a complete file.
In some cases files cannot be found because of the war of 1994, genocide against the Tutsi and shifting
of administrative offices in framework of restructuring.
ii.
Expropriation for public interest
The Office of the Ombudsman received from different administrative sectors complaints related to
expropriation for public interest. Some citizens are expropriated without being give appropriate
compensation more especially when citizen is not satisfied with the value of property fixed by the one
someone who is not satisfied with the amount fixed by the one who is expropriating. Other citizens are
expropriated due to the development of public infrastructure such as road, buildings and others but they
are not given compensation at all.
The particularity of the complaints related to the expropriation for public interest is that some citizens
expropriated from their lands for the development of group settlement but those supposed to occupy
them do not have compensation. There are some instances where districts get funds from partners to set
up infrastructures but districts have not planned the expropriation in their budget as result, citizens are
compensated.
35
iii.
Resettling citizens
The Office of the Ombudsman received complaints from people who returned from exile and who had
no land and were requesting the Government to resettle them. These people are resettled in imidugudu,
but most of them have no resources hence the government has to build houses for them.
iv.
Entrepreneurs who do not pay workers
The Office of the Ombudsman received complaints from citizens claiming that they had worked for the
entrepreneurs who have been awarded public tenders like building schools, hospitals, roads… but some
of them when paid did not their workers or even others disappeared without completing the works nor
paying the workers. Such a problem is frequent in Rulindo, Bugesera, Rutsiro, Ruhango, Nyamasheke
and Nyabihu districts. The Office of the Ombudsman recommended to concerned districts or ministries
to ensure if the entrepreneurs had paid their workers before they are paid. For those who leave the works
uncompleted, the Office recommended that they should be sued in courts.
1.3.6. Particular complaints
1. The authorities ordered for the cutting down of trees in the forests of the citizens of Gicumbi
District, Mutete Sector ,Kabeza Cell in order to build houses for the survivors of genocide against
the Tutsi but did not pay them. During the investigation carried out by the Office of the
Ombudsman, the Executive Secretary of the Sector explained that they constructed 43 houses for
survivors and it was an urgent activity at that time. Besides those trees, they also took sand and
stones belonging to the citizens but it was improperly done. Gicumbi District accepted to pay. The
Office of the Ombudsman shall make follow up so as to know what should be paid and the time of
payment.
2. There is a complaint of members of a cooperative known as “UBUSHAKE BWA MAYA”, in
Burera District, Rugama Sector, regarding buffalos from the Park which destroyed their crops in
year 2000. These people requested compensation for the damages covering 1.20 ha but were not
compensated whereas they had a loan from the Banque populaire. This complaint which is a
common to other people neighbouring the park has been transferred to concerned institutions for
general solution.
3. Citizens from Cyuve Sector, Burera District were given lands around Burera Lake were later
36
removed from these lands for environmental protection but up to now they have not yet been
resettled. This complaint was transferred to Burera District for solution.
4. Citizens from Kinoni Sector, Musanze District who had lands where the National Commission for
Unity and Reconciliation built its centre, were given lands around Burera Lake, and later they were
removed from those lands due to environmental protection and to date, they have not yet been
resettled. During the investigation carried out by the Office of the Ombudsman, it was found that the
complaint has been submitted to the Prime Minister’s Office. Solving this complaint requires
collaboration of the following institutions REMA, CNUR, PRIMATURE, MINIRENA, and local
authorities.
5. Citizens from Nkungu Sector of Rusizi District worked for MINAGRI from 1992 to 1996 and
requested the arrears of their wages. Rusizi District received this complaint and agreed to assist these
citizens to make follow it up with MINAGRI.
6. Amos KAYEZU and colleagues representing 20 families evicted from Tanzania were temporally
resettled in Nyarushishi Camp in Nkungu Sector, Rusizi District. They claim that they had no houses
and local authorities have decided not to continue to provide them with. Whereas they had no crops
for surviving. They requested to be settled in other parties of the country where there is a land for
firming. During the investigation carried out by the Office of the Ombudsman, Rusizi District out of
20 families 15 have been given houses and this activity is continuous based on the capacity of the
District. The problem of food is also being examined so that they will not be abandoned without any
assistance. Regarding the issue of land, the authorities has explained that each family has received a
piece of land of 20 m by 25 m in addition to a half of hectare (1/2 ha ) given to them in another
sector and fertilizers.
7. Inventory of houses belonging to some citizens living along Musanze – Rubavu road, was
established for expropriation but citizens were not compensated and were not allowed to repair their
houses damaged, instead the local authorities obliged the demolish their houses because they are
build in road limits. The meeting in which the Ministry of Infrastructure and the provincial
authorities as well as Rubavu District were invited, even if the Minister did not attend the meeting,
the provincial authorities should invite the Ministry to hold a meeting with citizens in order to find a
solution.
8. Citizens from Bugesera District living near the site intended for the construction of airport were not
allowed to use their properties like repairing their house, or cultivating crops which can take long
time to yield. They are in ambiguous situation because they do not know if they will be compensated
37
since no valuation of their properties has been carried out. The Office of the Ombudsman shall make
an advocacy for them so that the competent authorities decide who shall be expropriated and when
they will be compensated.
9. In some Districts like Rusizi and Huye, there are citizens who received cows in the context
“GIRINKA BANKI” i.e. they signed an agreement with the banks so that they get cows with the help
of district and pay back once they start selling milk. According to the agreement, they were supposed
to get exotic cows in gestation period, but that was not realized. They were given cows which were
not of the quality mentioned in the agreement. As result they failed to pay banks as agreed because
the given cows were not productive. The Public Prosecution has started investigating the
entrepreneurs and district staff who were involved. When the President of the Republic of Rwanda
was informed about this issue by the citizens affected of Rusizi District, He ordered that these
entrepreneurs involved should be blacklisted from public tenders. He too ordered the Minister of
Agriculture and Animal Resources to collaborate with the Police to assess the problem within two
weeks and produce a detailed report to be used in judicial proceedings against all involved persons.
10. A citizen from Rulindo District, Ngoma Sector claimed that he/she was former civil servant in
Mbogo Commune and he was arrested and put in provisional detention being accused of Genocide
crime; he /she was acquitted but later when he/she requested for reintegration and to be given all
salaries for the period when he was imprisoned. He/she got no reply. This issue is common to many
Rwandans and the Office of the Ombudsman has expressed it several times in its various reports.
MIFOTRA argues that it shall decide on it but to date there is no conclusion or final decision taken.
This Ministry needs to be reminded about the issue and find a definite solution in the nearer future.
11. Citizens from Musanze District in Kinigi Sector complained that they been deprived of their rights
on the lands given to them by OPYRWA in the framework of exploitation known as “paysannat”.
Basing on the instructions from OPYRWA, the citizens are not allowed to give land as heritage,
share it, using it as security guarantees in banks or to execute judgement on these lands. These
instructions should be modified and updated by competent authorities.
12. Citizens from Nyamagabe District in Gasaka Sector complained that the authorities are evicting
them from their lands and giving them to the former owners who had fled the country in 1959
without taking into consideration of the lives of evicted citizens. According to the instructions of the
security meeting of Gikongoro Province of 26/8/2005 on properties of the citizens who had fled the
38
country in1959, when a citizen returns from exile and finds that his/her property is occupied by other
citizens who have their own properties, such property must be given back to the former owner. But
when those citizens occupying the properties do not have any other property, they proceed to land
sharing. In many areas these instructions are not respected. This issue is being followed by the
Office of the Ombudsman so as to protect every citizen’s rights.
13. Citizens from Gatsibo District in Gatsibo Sector complained that their lands have been distributed
by Ngarama Sector alleging that they are State property. This issue has been raised for a long period
of time without any solution. Currently there is a commission composed of members of Parliament
and Gatsibo District authorities in charge of looking into the matter and finding a final solution.
1.3.7. Districts with particularities
After visiting sectors and districts, the Office of the Ombudsman found out that some districts did not
respect the outreach program meant for those districts. Therefore such districts need special attention in
the next outreach program of the Office of the Ombudsman. In some districts citizens did not attend the
meetings as mentioned above especially in Karongi, Rutsiro and Gisagara Districts. Citizens were not
informed in time and even those who managed to attend were informed the Office of the Ombudsman
and those who heard the announcement from the Radio.
There are other districts with particularities:
 In Nyagatare District, there is a big number of complaints relating to land and land sharing.
Authorities in charge of land commitment themselves to solve them although there was still a
problem of handing over between Land Commission and the District authorities.
 In Rubavu District, there are complaints of citizens who are supposed to be expropriated due to
the construction of Musanze-Rubavu road. The citizens expressed their complaints that their
properties including houses which are within the road boundaries and were not evaluated for
compensation and they are not allowed to repair.
 In Burera, Musanze and Huye Districts there are complaints related to delays in execution of
judgements. Even though authorities have been sensitized to fulfill their duties by executing
judgements, citizens were also sensitized to voluntary execute judgements.
 Nyabihu District deserves special consideration because it is committed to solve citizens’
complaints. However, Gatsibo, Nyanza, Nyagatare, Ngoma, Rubavu and Gicumbi Districts
39
should improve their functioning because they do not solve citizens’ complaints.
1.3.7. Complaints received by the Office of the Ombudsman from 2004- June 2010
Table 8: Complaints received by the Office of the Ombudsman from 2004- June 2010
Year
Number of complaints
Percentage (%)
2004
2005
2006
2007
2008
2009-2010
Total
2,335
2,660
961
1,099
1,569
5,386
14,010
17
19
7
8
11
38
100
Graphs no 3: Complaints received by the Office of the Ombudsman from 2004-2010
Comparison of complaints received since 2004
Number of complaints
Year
The graph above shows that in 2009 and in the first semester of 2010 the number of complaints
increased due to the outreach program of the Office of the Ombudsman.
40
2.
PREVENTING AND FIGHTING CORRUPTION AND RELATED OFFENSES.
In implementing its attribution as stipulated in law no 25/2003 of 15/08/2003 establishing the
organization and functioning of the Office of the Ombudsman as modified and complemented to date
especially as regards to promoting good governance in public and private institution, and providing
advice to those institutions. The Office of Ombudsman carried out operational audit of public
institutions. The audit aimed at assessing the management of those institutions, their effectiveness,
efficiency, and loopholes of corruption and maladministration. The audited institutions were
recommended to improve their functioning and productivity.
2.1.
OPERATIONAL AUDIT IN PUBLIC INSTITUTIONS
2.1.1. Ministry of Finance and Economic Planning
The operational audit of the Ministry of Finance and Economic Planning was carried out in February
2009. This Ministry has a mission of coordinating activities relating to the preparation of budget, follow
up and evaluation of the implementation of the budget. This Ministry also prepares and follows up the
development policy such as the Vision 2020, EDPRS, and the Public Finance Management Policies.
The Ministry of Finance and Economic Planning follows up activities relating to civil servants’ salaries,
payment of goods and services consumed by the public institutions. The activities are nowadays fast due
to ICT.
The Ministry of Finance and Economic Planning also evaluates different government institutions and
provides advice to them. Every internal audit has to submit to the Ministry a quarterly report but it is not
respected due to the fact that internal auditors have to carry out additional audits; the audit which were
carried at 42,3% in 2008.
The Ministry of Finance and Economic Planning helps public institutions to improve their financial
management by organizing trainings for accountants and coordinate their financial reports. But in 2008
there are public institutions which delayed or never submitted their financial reports.
There were irregularities in procurement due to non compliance with the laws and rules. The report on
procurement of 2008 indicates only tenders paid by the Ministry yet there are others paid by the United
41
Nations Development program (UNDP). All the tenders regarding the Ministry should be consolidated
in one report.
Concerning staff management, the Ministry employs staff with required qualifications but there is big of
number staff governed by short term contracts. It also employs experts from other countries in
coordinating budget activities.
The Ministry of Finance and Economic Planning was recommended to respect laws and rules governing
public procurement. It should make follow up public institutions which delay submitting the financial
reports.
2.1.2. Ministry of Agriculture and Animal Resources
The Office of the Ombudsman carried out operational audit in the Ministry of Agriculture and Animal
Resources was carried out in July and August 2009. The Ministry of Agriculture and Animal Resources
has in its attributions to organize and follow up activities relating to agriculture and animal resources
in the framework of food security and increase economic development of the country.
The Ministry has set up a program to increase production in agriculture and animal resources for local
consumption and the markets.
The Ministry prepared a 2009-2012 strategic plan to be implemented by institutions and projects under
its supervision. The Ministry and institutions under its supervision have increased the production of
agricultural products such as maize, bananas, cassava and wheat.
According to the audit carried out by the Office of the Ombudsman, it was observed that there
constraints concerning citizens are conservative to traditional agriculture, those who don’t get or don’t
use fertilizers, selected seeds, pesticides and hence poor production. Furthermore there is lack of enough
investments in agriculture and animal resources.
During the operational audit, the Ministry faced a challenge insufficiency of employees as far as it had
25 out of 31 provided. The training program planned for employees in 2007 and 2008 was not
implemented. There were also loopholes in management of office furniture, stationeries and fertilizers.
The Ministry also had many debts due to farmers who delayed to pay for fertilizers. The laws and rules
42
governing public procurement were not respected as required. The Ministry was recommended to
improve its functioning and reinforce internal control.
The Ministry of Agriculture and Animal Resources was recommended to collaborate with local
authorities so as to recover debts for fertilizers, with banks to secure more loans, empower crops
multipliers, empower farmers in processing their production and sensitize them towards using their
modern farming techniques.
2.1.3. Ministry of Health
The operational audit of the Ministry of Health was carried out in March 2010. The Ministry of Health
set up goals to be achieved in 2015 including capacity building, strengthening health institutions,
providing medicines to citizens, vaccines and other health services. Among the strategies to achieve
include: promoting basic health, reducing children and mothers mortality, promoting health care and the
management of health services.
The Ministry of Health has set up different policies including the 2005 policy on health. The Ministry
has prepared an action plan for 2009-2010; it also prepared training program for staff in 2008, 2009 and
2009-2010 but were not implemented.
Concerning human resource management, restructuring was planned but was not implemented. Before
2006, the Ministry of Health had 214 employees in 8 departments. In that year, in collaboration with the
Ministry of Public Service and Labour, the Ministry of Health prepared an organizational structure of 39
employees and 3 departments.
The employees continued to work in task forces such as the one in charge of pharmacy, in charge of
nurses, in charge of children and mothers. In October 2008, the Ministry had 145 employees. In August
2009, another restructuring was carried out and came up with 54 employees in 4 departments. The
Ministry is still using the organization chart of 2006. Towards the end of 2009, the Ministry had 157
employees.
Some employees of the Ministry of Health are paid by the projects and work on contracts but terms are
different. Hence they loose job security and it affects their performance.
The audit carried out indicated that staff performance evaluation did not respect the Ministerial Order of
43
the Ministry of Public Service and Labour no 03/19.21 of 10/07/2009. This Order provides that an
employee who has scored from 70% and above should be appointed in that institution where he/she
works if he/she fulfills the requirements. Only 12 employees were appointed by April 2010 while others
were still waiting.
The audit indicated that there was noncompliance in procurement because tenders do not respect the
procedures. There were also issues relating to the mismanagement of vehicles, fuel and other
equipments.
The Ministry of Health was recommended to promote transparent in staff management, especially in
their evaluation. The Ministry was also recommended to solve the inequalities in salaries and setting up
strategies of controlling hospitals and health centers because some of them are mismanaged.
2.1.4. National Unity and Reconciliation Commission
The operational audit of National Unity and Reconciliation Commission was carried out in February
2009. The Commission has the attributions to prepare, coordinate and follow up program of promoting
unity among Rwandans. The Commission has the duty to sensitize Rwandans to strengthen unity, to
protect their rights, and fight against activities, speeches and written documents characterized by
divisionism.
In promoting unity among Rwandans, the National Unity and Reconciliation Commission established a
national policy for unity and reconciliation with the main objective to build a nation suitable to all
Rwandans. This Commission prepared a national policy on civic education aimed at providing the
guidelines and principles of civic education and patriotism among Rwandans.
The Commission prepares civic education sessions (“Ingando” and “Itorero ry’Igihugu”) for different
categories of citizens. The Commission carried out a research on different reasons hindering or
promoting Unity and Reconciliation. The Commission gave provided an opportunity to different
categories of Rwandans so as to assess the sources of divisionism among Rwandans and set up
appropriate strategies for rebuilding and promoting their unity. The Commission set up unity and
reconciliation clubs in schools in all provinces. The Commission prepares a national conference for
unity and reconciliation.
There are still some constraints in the fulfillment of the duties of the Commission. Some Rwandans still
44
have divisionism and Genocide ideologies; others do not understand their role in matters of unity and
reconciliation. Moreover, some districts and sectors do not include in their programs unity and
reconciliation activities.
In the functioning of the Commission, there were some irregularities in financial and property
management such as not respecting procurement procedures and lack of inventory and control stock
assets. It was also observed that the Commission does not have enough staff compared to its attributions.
Nkumba center hosting “Ingando” sessions does not have enough capacity to accommodate all
beneficiaries of Ingando sessions.
The Office of the Ombudsman recommended to the Commission to put more emphasis on the follow up
of implementation of unity and reconciliation policy and programs; set up mechanisms of coordinate
district employees having activities of unity and reconciliation in their attributions; provide in its
organizational structure all required employees instead of increasing the number of contractual
employees and respect regulations governing the financial and assets management.
2.1.5. National Electoral Commission
The operational audit of National Electoral Commission was carried out in April 2009. Some of its
duties include preparing, organizing and monitoring electoral activities. The Commission prepares
trainings related to civic education regarding elections. The Commission plays an important role in
promoting democracy and sensitizing different categories citizens to participate in elections. In general,
the Commission has fulfilled its duties at the level of 93% in 2007 and 95% in 2008.
The National Electoral Commission supervised different elections including the 2003 referendum, the
2003 presidential election, 2003 and 2008 elections of members of Parliament. In general, there is
improvement in preparing and supervising elections. The National Electoral Commission prepared a
civic education policy and electoral code. This Commission used ICT in collecting information related
to preparation of elections.
During operational audit of the Commission, the following constraints were observed: insufficiency of
staff, insufficiency of equipments, mismanagement of office equipments and printing house and not
respecting procurement procedures. There is also a loophole in financial management where cheques are
ordered to the employees representing the Commission in provinces instead of using bank transfer,
45
hence providing occasions of being stolen or embezzled.
In order to improve its functioning, the Commission should respect laws and regulations and promote
transparency in assets management, making good use of the printing house and improving ICT use in
electoral activities.
2.1.6. National Youth Council
The operational audit of the National Youth Council was carried out in July 2009. The aim of National
Youth Council is to promote the development of the youth and the country. Some of its duties are to
sensitize the youth towards patriotism, fight against divisionism and to promote development activities
and self employment.
The National Youth Council plays an important role in assisting the youth to find solutions to their
problems and to empower them. It is in this perspective that in 2004 a youth cooperative (COOJAD)
was created working specifically with youth associations.
During the operational audit, it was observed that the National Youth Council did not develop the
strategic plan. The Council was not allocated the budget as it was planned thus some activities were not
accomplished as provided. There is a conflict of responsibilities between the Executive Committee and
the Executive Secretary. There is also mismanagement of assets because there are no assets inventory
and reports.
The National Youth Council was recommended to develop a strategic plan, to strengthen capacity
building for its staff, to clearly define the responsibilities of each organ and avoid any loopholes of
embezzlement.
2.1.7. National Women Council
The operational audit of the National Women Council was carried out in July 2009. This Council is a
forum for women to exchange views relating to different problems and challenges they are facing, to
find their solutions and play a role in the national development.
Some of its duties include sensitizing women towards self employment, patriotism and active
participation in public administration. The National Women Council also plays a vital role in promoting
46
gender equality.
The National Women Council mainly deals with training, it encourages women to get into associations
and create income generating activities. It is in this framework that in every district a fund for women
was set up to give loans to them. The functioning and management of this fund does not have reliable
principles hence giving room for embezzlement. There are even some loans given and were not
recovered.
The National Women Council has a problem of insufficiency of staff. The procurement procedures are
not respected. The Office of the Ombudsman recommended to the Council to comply with regulations
regarding management of assets and loans.
2.1.8. Butare Teaching University Hospital
The operational audit of the Butare Teaching University Hospital was carried out in February 2010.
Among the duties of Butare Teaching University Hospital include taking care of citizens’ health,
providing health education, carrying out research related to health issues and supervising the functioning
of districts hospitals.
Butare Teaching University Hospital has 365 staff whose 82, 5% are medical personnel. The citizens
attending that hospital reach 90% using “mutuelle de santé”. The number of patients attending this
hospital keeps increasing due to new services available (neurosurgery, neurology, nephrology, and
hemodialysis).
The Butare Teaching University Hospital plays a big role in training doctors to the extent that their
number increased from 250 between 1963 and 1993 to 1,000 between 1995 to 2009 at national level.
Services rendered in Butare Teaching University Hospital are not enough due to insufficiency of
equipments, out dated equipments and few medical staff, nurses and midwives. The hospital still has a
constraint of using ICT in medical services. To improve its services, the Butare Teaching University
Hospital published patient charters.
Butare Teaching University Hospital supervises district hospitals including Kigeme, Nyanza, Gakoma,
Mibirizi and Bushenge. There are programs to visit these hospitals where there is a weekly testing of
HIV AIDS patients and a monthly general control of hospitals. The medical staff spends a week in
47
every district hospital carrying out medical services.
During the operational audit carried out in Butare Teaching University Hospital, it was observed that the
internal auditor does not well perform his duties, hence providing a room for embezzlement. Another
challenge is that procurement procedures are not respected. Hospital revenues are mismanaged to the
extent that some employees have used it for their personal interests.
In order for Butare Teaching University Hospital to improve its services, it should increase equipments
and the number of employees and strengthen their capacity building. It should put more efforts on
internal control systems regarding services and assets management so as to prevent embezzlement.
Public procurement procedures should be respected. The Ministry of Health should pay debts relating to
health insurance it owes to the hospital.
2.1.9. Ruhengeri Hospital
The operational audit of Ruhengeri Hospital was carried out in February 2010. This hospital is in charge
of health care of citizens from Musanze District where the hospital is located and other citizens
transferred from other hospitals in partnership. It also supervises health centers located in that District.
There are challenges that were observed in Ruhengeri Hospital including out dated laboratory
equipments, insufficiency of medical staff, and insufficiency of budget to purchase medicines and other
equipments. Its internal audit is not carried out. Procurement procedures are not respected.
Towards the end of 2009, Ruhengeri Hospital had credits of (262,866,422 frw) two hundred sixty two
million eight hundred sixty six thousand four hundred twenty two francs owed by pooling risk fund.
Such an amount should be paid by the Ministry of health and Musanze District as far as there are money
funds that these two institutions have to allocate to the hospital as support of the program “mutuelle de
sante”.
In order to improve its functioning, Ruhengeri hospital should sensitize the citizens to adhere health
insurance, to increase the number of employees and to improve their assets management by respecting
procurement procedures and regularly carrying out internal audit.
48
2.1.10. Kimironko Health Center
The operational audit of Kimironko Health Center was carried in February 2010. This Health Center is
located in Gasabo District in Kigali city. It has 54 employees including one doctor. The budget of
Kimironko Health Center is from the Government and partners.
During the operational audit of Kimironko Health Center, it was observed that there is mismanagement
of assets and embezzlement of funds where there are some documents justifying that some equipments
were purchased on the Health Center’s budget instead they were purchased using partners’ funds. There
are also documents supporting that some activities were accomplished and yet none was carried out. In
this Health Center, there are no accounting books; hence it becomes very difficult to know the
management of revenues. The procurement procedures are not respected.
In order to improve the functioning of Kimironko Health Center, the health committee and the
management committee should be more involved in assets management instead of leaving it to the the
only head the Health Center as far as the mismanagement was due to lack of control by these two
committees. The financial and activities reports should be produced regularly. Gasabo District should
carry out an internal audit of Kimironko Health Center. Procurement procedures should also be
respected.
2.1.11. Rukira Health Center
The operational audit of Rukira Health Center was carried in February 2010. This Health Center is
located in Ngoma District in Eastern Province. During this audit, it was observed that there was
mismanagement of assets where there were forged documents supporting that equipments were
purchased whereas they were provided by partners. Employees of the Health Center were providing
services for personal interests of the head of the Health Center while they were paid on the budget of the
Health Center budget. Due to the embezzlement of assets, the Office of the Ombudsman prepared a file
incriminating the head of Rukira Health Center which was transferred to Ngoma intermediate court.
2.1.12. Rwanda Animal Resources Development Authority (RARDA)
The operational audit of Rwanda Animal Resources Development Authority was carried out in August
and September 2009. RARDA has the duties of increasing animal resources, providing advice to farmers
49
and providing them with necessary products. It also has the duty to prevent and treat animal diseases.
RARDA has decentralized its services to farmers as far as there is a veterinary in each sector and it
established laboratories in different places of the country. The number of employees in charge of
artificial insemination has increased. RARDA does the distribution of chicks. It also distributes cows in
the framework of GIRINKA Munyarwanda program and sets up a program at National level of
vaccinating against epidemic diseases.
RARDA prepares a plan of regular surveillance of animal diseases. It also carries out an inspection of
trade of animals and animal products. It observed that such trade is done in a disorganized way; there is
poor hygiene. Dairies and slaughterhouses are insufficient.
In its functioning, RARDA faces constraints including insufficiency of employees, insufficiency of
equipments and veterinaries at sector level who are paid only once per semester. The Office of the
Ombudsman observed that there were irregularities in procurement.
There is also an amount of two hundred fifty two million seven hundred twenty six thousand nine
hundred (252,726,900 frw) of uncovered debts for vaccines and other items that RARDA provided.
RARDA was recommended to correct these and put efforts in recovering debts.
2.1.13. Rwanda Agriculture Development Authority (RADA)
The operational audit of Rwanda Agriculture Development Authority was carried out in August and
September 2009. RADA has the duties to promote and develop agriculture by providing to farmers
fundamental techniques of agriculture, fertilizers and other equipments. It also plays a big role in storing
crops, looking for markets for agricultural products, sensitizing farmers towards soil protection and
irrigation.
RADA has emphasized the increase of production of seeds such maize and beans and providing
fertilizers. However there is still a problem of crops’ multipliers who have insufficient capacities in
terms of money and equipment. Since 2007 to July 2009, debts related to fertilizers amounted to three
billion eight hundred thirty two million seven hundred eight nine thousand nine six francs
(3,832,789,096 frw). These fertilizers were given to districts and farmers associations.
RADA emphasized land consolidation so as to increase production. It has also put more effort in
50
increasing the production of rice although the production in general is not yet enough for the whole
country.
The development agriculture faces some constraints like insufficiency of seeds, equipments for farming
and storing and agricultural techniques are not yet widespread. A big part of lands at national level is not
protected against erosion. Irrigation is no yet expanded.
In order to improve the functioning of RADA, the Office of the Ombudsman recommended the respect
of regulations in public procurement, proper management of assets and human resources. The
population should be sensitized towards modern agricultural techniques using fertilizers. Private
entrepreneurs should invest more in agriculture. RADA should improve its collaboration with different
institutions mostly local authorities so that the population get more involved in modern agriculture and
soil protection.
2.1.14. Rwanda Environment Management Authority (REMA)
The operational audit of Rwanda Environment Management Authority was carried out in March and
May 2010. REMA has the duty of designing and monitoring activities aimed at environment protection,
implementation of environment policy, carrying out research and studies on environment and follow up
of enforcement of laws regarding environment.
REMA monitors actions that may cause environmental degradation like constructions, industries,
agriculture and farming activities carried out in non appropriate places such as in marshlands, use of
banned plastic bags and dumping wastes in protected areas. REMA plays a role in protecting forests,
rivers and lakes. It also distributes in schools and other centers, tools for collecting rain water, and
sensitizes citizens on means of saving energy.
REMA carried out a survey on the nature of environment such as marshlands. It sensitizes citizens on
environment protection and trains different institutions so as to have enough knowledge and be able to
environment mainstreaming.
Although there has been improvement in environment protection, there are still some constraints
including poor understanding of the citizens on the importance of environment protection, insufficiency
of employees, insufficiency of equipments, insufficiency of industries that are involved in producing
material that do not have a negative impact on environment, activities damaging environment due to the
51
deforestation, erosion, settlement, industries and others. There are also constructions that are contrary to
the existing law governing environment protection where competent authorities provide authorization to
construct in protected areas such as marshlands.
The Office of the Ombudsman recommended to REMA to put more efforts in sensitizing citizens on
environment protection. REMA should put more emphasis on prevention of activities that cause
environment degradation. It should reinforce its collaboration with other institutions and organs which
are required to implement and monitor all programs related to environment protection.
2.1.15. Rwanda Development Bank (BRD)
The operational audit of Rwanda Development Bank was carried out in March 2009. This bank has the
duties to implement activities aimed at the development policies taking into consideration major
economic sectors. It supports different activities and plays a role in promoting newly established
societies. It assists different categories of citizens either in cooperatives or individuals.
BRD provides short and long terms loans for different activities in various sectors (agriculture, tourism,
energy, ICT...) of investment that generates income and employment. In 2007, it provided loans
amounting to 24,210,000,000 Rwf while in 2008 it provided 8,733,000,000 Rwf.
BRD makes a follow up of funded projects so as to monitor their developments, as well as providing
advice to the owner of the project and follows up the repayment of the loan. In 2007, BRD had shares
amounting to 2,466,558,000 Rwf in different societies, while in 2008 it had shares equivalent to
3,329,886,000 Rwf.
Even though BRD has good collaboration with its partners, procedures for offering loans take a long
time so that some beneficiaries complain about delays in getting loans. There is also a problem of bad
debtors. BRD has only two branches, one in Musanze and another in Rusizi, hence its activities are not
made known to citizens. The bank has not yet established the policy of loans; it uses its out dated
manual procedure.
The Office of the Ombudsman recommended to BRD to put more emphasis on the decentralization of its
services.
BRD should establish a policy for loans distribution so as to clearly know the real
requirements for a certain project. Loans should be offered to projects after having verified the guarantee
the contribution of the owner of the project. Due to the fact that loans provided for agricultural activities
52
were not paid, it is necessary to carry out a survey to find out the major reasons and provide appropriate
strategies.
2.1.16. Rwanda Housing Bank (BHR)
The operational audit in Rwanda Housing Bank was carried out in May 2010. This Bank has a vision of
investing in housing in Rwanda. Some of its duties include looking for and helping the citizens to invest
and save money for housing, mobilizing funds within and outside the country, give long term loans and
with affordable interest rate, developing plans for better housing and increase the number of houses in
Rwanda. It collaborates with other institutions towards developing town master plan as regards to
infrastructures, constructions and environment.
The Rwanda Housing Bank provides loans to individuals, associations and to its employees. It helps its
clients to get loans for housing. Loans were increased from 2,501,489.000 Rwf in 2005 to 6,
087,327,854 Rwf in 2008.
Rwanda Housing Bank has not yet managed to extend its activities in the whole country so that the big
number of beneficiaries are in Kigali City where its headquarters is located. The loans offered to
beneficiaries of high level thus civil servants of medium level with low income do not have access to
loans.
The Office of the Ombudsman recommended to Rwanda Housing Bank to increase its capital so as to
offer loans to many beneficiaries.
2.1.17. Institute of Technology and Scientific Research (IRST)
The operational audit of the Institute of Technology and Scientific Research was carried in September
2009. This Institute is located in Huye District and has the mission to carry out and to publish scientific
research for national development.
The research is carried out at its head office and in its seven (7) branches. The research is carried out in
different categories including those focusing on medicinal plants, human and basic research. This
Institute distributes oil plants (Jatropha, lippia, geranium). It also carries out research on biodiesel and
bioethanol and has the capacity to produce 200 liters per day.
53
The Institute of Technology and Scientific Research has a challenge of insufficiency of staff and
equipments. There are irregularities in the Institute management: procurement procedures are not
respected, there is no control of stocks and laboratories, there are no reports on produced and sold
medicine as well as revenues, there are no documents supporting the purchased items such as palm oil
used for producing biodiesel. Some payments are done using individual accounts of staff.
The Office of the Ombudsman recommended to the IRST to improve its management so as to increase
its production: set up regulations governing the commerce of its products, establish proper procedures of
accounting, carry out regular internal audit, respect of procurement procedures and set up proper
management of its branches. The Institute of Technology and Scientific Research should reinforce its
cooperation with citizens so as to know their needs in line with its mission.
2.1.18. Rwanda Institute of National Museums (RINM)
The operational audit of Rwanda Institute of National Museums was carried out in April 2010. The
duties of this Institute include conducting research, collecting, maintaining visible and invisible elements
concerning Rwandan history, culture, arts and exposing them to nationals and foreigners.
RINM deals with Rwandan heritage, above11,000 elements are conserved at its headquarters located in
in Huye District and at its four branches. The Institute collects cultural elements, conserves them, and
exposes them to its visitors. Some books and research publications have been produced on national
heritage. There are also programs of sensitisating citizens on Rwandan culture.
During the audit, some constraints have been observed: insufficiency of staff and equipments, non
compliance with procurement procedures and with regulations regarding assets management.
The Office of the Ombudsman recommended to RINM to improve its partnership with national and
foreign institutions having the same mission.
2.1.19. Rwanda Information Agency (ORINFOR)
The operational audit of Rwanda Information agency was carried out in February 2009. This agency has
the duties of educating the population, collecting and broadcasting information, promoting entertainment
and Rwandan culture.
54
The Agency broadcasts information through Radio and Television Rwanda, and print media. It collects
revenues from advertisements, announcements, programs and other commercial activities.
There are some irregularities in the functioning of ORINFOR: the organizational structure of this
Agency is not clearly defined, hence the coordination of activities becomes difficult; the Board of
directors does not carry out the audit; the internal audit do not provide opinions to correct the
weaknesses and loopholes; the equipments are insufficient and outdated; the Agency does not elaborate
strategic plan, action plan and activities reports; it delays to submit financial statements; it does not put
efforts in recovering debts; it does not comply with procurement procedures and regulations regarding
provision of bonuses to its employees as well as fuel distribution.
The Office of the Ombudsman recommended to ORINFOR to carry out survey for collecting audience
views, to clearly define responsibilities of each organ, and to respect the regulations of assets
management. The Board of directors should fulfill its duties of auditing and controlling the Agency and
set up guidelines for better performance. The Office of the Ombudsman provided advices to extend
news time on Television. At the time of preparing this report, there was improvement as far as news is
broadcasted day and night and in official languages.
2.1.20. Rwanda Public Procurement Authority (RPPA)
The operational audit of Rwanda Public Procurement Authority was carried in March and April 2010.
Some of the duties of this Authority include establishing laws and regulations on public procurement,
auditing public procurement, and strengthening capacity building of employees involved in tender
procedures.
RPPA has set up laws and rules governing public procurement and tender documents. This Authority
had carried out the audit in different public institutions on public procurement and recommended them
to improve their procurement procedures. Procurement officers were appointed in all government
institutions and were trained. Tender committees and review panels have been established in all
government institutions.
Even if there is progress in public procurement, there are still some challenges related to some bidders
who do not respect contracts or use false documents. The National Public Procurement Authority was
recommended to put more efforts in monitoring the respect of procurement procedures within this
55
Agency and other public institutions. Bidders involved in using false documents should be taken to
courts of law and blacklisted.
2.1.21. MAGERWA
The operational audit of MAGERWA was carried out in May 2009. MAGERWA is in charge of
stocking goods from outside and those to be exported outside before reaching their destination. These
goods are kept in warehouses of MAGERWA.
MAGERWA has done its best in collaborating with clients, either importers or exporters. Its activities
generate incomes which are used in delivering good service, constructing warehouses and parkings as
well as purchasing equipments.
During the operational audit, some constraints were observed: insufficiency of employees,
underutilization of some machines, lack of proper mechanisms for goods security, and non compliance
with public procurement.
The Office of the Ombudsman recommended to MAGERWA to improve internal control of its
branches, to increase the number of employees in its branches and to respect procurement procedures.
2.2.
ASSESSMENT OF CONSTRUCTING HOUSES FOR VULNERABLE CITIZENS AND
GIRINKA MUNYARWANDA PROGRAMS.
Programs of GIRINKA MUNYARWANDA and constructing houses for the vulnerable citizens were
implemented at national level by different levels of administration in accordance with the established
guidelines for the interest of beneficiaries.
The implementation of these guidelines was not appropriate due to favoritism of some local authorities
or lack of control by local authorities; hence beneficiaries considered those programs as poorly
managed. Different guidelines were provided, but due to interests of some implementers, loopholes of
corruption and injustice were observed. It is in this framework that the Office of the Ombudsman
assessed in all districts the implementation of these programs.
The program of constructing houses for the vulnerable citizens was introduced by the Government for
providing shelter to every Rwandan. GIRINKA MUNYARWANDA program was introduced with the
56
aim of improving the living conditions of poorest families.
2.2.1. Constructing houses for vulnerable citizens
In assessing the program of constructing houses for the vulnerable citizens, the Office of the
Ombudsman observed that the basic guideline of this program was that the beneficiary should be any
Rwandan who is indigent, and cannot build a house for him/herself. Those houses were supposed to be
constructed areas for grouped settlement so as they can easily access to development facilities.
Categories of beneficiaries:
-
Survivor of genocide against Tutsi of 1994 who is indigent and having no shelter;
-
Indigent citizen who has no shelter;
-
Orphans and widows having no shelter;
-
Victims of the Rwandan history before 1994 which was characterized by discrimination;
-
Citizens displaced by disasters especially those in Nyabihu District in the Western Province.
The role of local authorities:
-
Organizing meetings aiming at selecting beneficiaries;
-
Making list of beneficiaries and sending it to the district so that it provides construction materials
(iron sheets, cement and others);
-
Developing plots for houses construction;
-
Organizing community works for constructing houses.
The Ministry of Local Administration (MINALOC) bought iron sheets, nails and cement for
constructing those houses and transferred those equipments to provinces which in turn were supposed to
transfer them to districts. The tables below show the quantity of iron sheets and cement distributed in
provinces and districts.
2.2.2. Iron sheets provided by MINALOC to districts
The following tables show the number of iron sheets provided to provinces and Kigali City.
Table n°8 : Iron sheets provided to Western Province
District
Iron
sheets Iron
sheets Iron
sheets Iron sheets not
57
received
by received
by received
by recorded
districts
sectors
beneficiaries
RUSIZI
34,640
30,126
35,254
99
NGORORERO
27,200
24,235
22,579
23
NYABIHU
20,200
20,200
11,466
79
RUBAVU
26,300
30,569
25,093
-
NYAMASHEKE
38,520
38,172
31,550
163
KARONGI
42, 800
42,800
42,800
0
RUTSIRO
-
22,490
20,017
479
Total
189,660
398,252
188,579
843
Table n° 9: Iron sheets provided to East Province
DISTRICT
Iron
received
sheets Iron
by received
sheets Iron
by received
sheets Iron sheets not
by nrecorded
districts
sectors
beneficiaries
GATSIBO
30,100
22,473
21,766
58
RWAMAGANA
31,900
24,574
25,428
1690
NYAGATARE
27,820
23,724
20,410
222
BUGESERA
33,530
4,334
1,770
-
KIREHE
-
8,536
11,861
-
NGOMA
8,112
3,024
2,073
-
KAYONZA
4,521
4,521
3,975
-
Total
135,983
91,186
87,283
1970
Table n°10 : Iron sheets provided to Southern Province
DISTRICT
Iron
received
GISAGARA
sheets Iron
by received
sheets Iron
by received
districts
sectors
beneficiaries
33,900
33,162
28,768
sheets Iron sheets not
by recorded
29
58
KAMONYI
35,380
20,412
18,940
-
MUHANGA
29,814
29,814
28,799
608
NYARUGURU
24,052
21,497
25,260
270
NYANZA
20,877
19,611
17,932
252
RUHANGO
14,600
13,095
12,987
69
HUYE
14,960
12,770
12,104
15
NYAMAGABE
45,000
20,047
19,168
26
TOTAL
218,583
170,408
163,958
1,269
59
Table n°11: Iron sheets provided to Northern Province
DISTRICT
Iron
received
sheets Iron
by received
sheets Iron
sheets Iron sheets not
by received
by recorded
districts
sectors
beneficiaries
MUSANZE
27,820
14,700
15,854
19
RULINDO
16,440
12,405
12,204
199
GICUMBI
18,220
9,185
8,811
-
GAKENKE
9,800
7,582
7,525
61
BURERA
5,483
2,061
-
-
Total
77,763
45,933
44,394
279
Table n°12 : Iron sheets provided to Kigali City
DISTRICT
Iron
received
sheets Iron
sheets Iron
sheets Iron sheets not
by received by sectors received
districts
by recorded
beneficiaries
NYARUGENGE
-
-
-
-
KICUKIRO
-
-
-
-
GASABO
1,000
-
-
-
Total
1,000
-
-
2.2.3. Cement provided by MINALOC to districts
The following tables show the number of sacks of cement provided to different provinces and Kigali
City
60
Table n°13 : Sacks of cement provided to West Province
DISTRICT
Sacks of cement Sacks
received
districts
of Sacks
by cement
received
of Sacks of cement
cement
not recorded
by received
sectors
bybeneficiaries
RUSIZI
3,500
1,530
1,531
-
NGORORERO
2,899
1,358
868
32
NYABIHU
1,850
1,850
867
59
RUBAVU
2,250
1,975
1,560
-
NYAMASHEKE
4,500
4,500
4,416
0
3,100
3,100
0
KARONGI
RUTSIRO
-
4,063
4,004
59
Total
14,999
18,376
16,346
150
Table n°14: Sacks of cement provided to Eastern Province
DISTRICT
Sacks of cement Sacks
received
districts
by cement
received
of Sacks of cement Sacks of cement
received
by not recorded
by beneficiaries
sectors
GATSIBO
2,600
1364
1,147
145
RWAMAGANA
2,850
2,165
1,466
685
NYAGATARE
2,600
1,629
1,182
99
BUGESERA
5,150
577
314
-
KIREHE
-
346
346
-
NGOMA
-
-
-
-
KAYONZA
1,146
-
-
-
Total
14,346
6,081
4,455
929
61
Table n°15 : Sacks of cement provided to Southern Province
DISTRICT
Sacks of cement Sacks
received
districts
of Sacks of cement Sacks of cement
by cement
received
received
by not recorded
by beneficiaries
sectors
GISAGARA
1,700
1,674
1,289
27
KAMONYI
-
1,985
1,985
-
MUHANGA
4,650
4,704
-
-
NYARUGURU
2,800
2,205
1,784
397
NYANZA
2,600
2,399
2,009
-
RUHANGO
2,300
1,818
1,818
-
HUYE
3,000
1,350
1,369
125
NYAMAGABE
1,700
805
805
-
Total
18,750
16,940
11,059
549
Table n°16 : Sacks of cement provided to Northern Province
DISTRICT
Sacks of cement Sacks
received
districts
by cement
received
of Sacks of cement Sacks of cement
received
by not recorded
by beneficiaries
sectors
MUSANZE
3,300
600
551
32
RULINDO
1,700
1,687
1,735
12
GICUMBI
2,100
1,110
997
50
GAKENKE
-
1,120
1,044
8
BURERA
800
350
350
-
Total
7 ,900
4,867
4,677
102
62
Table n°17: Sacks of cement provided to Kigali City
DISTRICT
Sacks of cement Sacks
received
by cement
districts
received
of Sacks of cement Sacks of cement
received
by not recorded
by beneficiaries
sectors
NYARUGENGE
2,400
2,400
2,315
-
KICUKIRO
4,200
4,200
4,200
0
GASABO
4,650
4,650
-
-
Total
11 ,250
11,250
6,515
-
Note:
-
No information provided.
+ : Excess number of materials received by sector due to the fact that the district received materials from
various partners and it could not differentiate them from those given by MINALOC.
The number of iron sheets and cement received do not correspond to what was provided in addition to
those which disappeared. This is due to the fact that the district received materials from various partners.
It is in this context that some iron sheets and cement disappeared.
Another issue is that there are some districts which used iron sheets and cement contrarily to the
intended purpose like constructing schools, health centers and yet some people had not received
materials for constructing their houses.
ANALYSIS
Constructing houses for vulnerable citizens
The program of constructing houses for vulnerable citizens was initiated with the aim of assisting every
Rwandan to have shelter.
Regarding the implementation of this program, it was observed in some places that some materials
63
provided by MINALOC are still in the stocks of some districts, sectors and cells. Moreover, some
citizens were given materials but did not use them.
In other places, materials which were used to construct houses were less than those provided for, hence
the expected result was not achieved as far as the issue of providing shelter to vulnerable citizens was
not totally resolved.
The bad consequences of the poor implementation of this program were observed where some
constructed houses were deteriorating, others were half covered, and others did not have doors nor
windows. Materials meant for assisting vulnerable citizens were misused so that the objective was not
achieved.
The implementation of this program should have been followed up by different levels of administration
including authorities at national level, local administration such as districts, sectors and cells down to the
Umudugudu (Village).
2.2.4. GIRINKA MUNYARWANDA Program
The GIRINKA Munyarwanda program was initiated with the aim to up lift the living level of the poorest
citizens by giving them cows which provide milk, fertilizers and money. Beneficiaries of this program
should have been selected by the committees of their Imidugudu starting by the poorest citizen.
The responsibility of local authorities was to lead meetings aiming at selecting the beneficiaries of cows,
establishing lists of them and forwarding them to the districts authorities. The national coordination of
this program was supposed to be done by RARDA and MINAGRI.
The distribution of cows was supposed to base on the lists established by the meeting of the population
but not on corruption, sentiments, relationship with leaders or any other personal interest. The
implementation of this program was successful in some districts but was weak in some others.
The tables below show the distribution of cows to beneficiaries in districts:
64
2.2.5. Cows provided by MINAGRI in districts
Table n°18: Cows provided to the Eastern Province
DISTRICT
RWAMAGANA
GATSIBO
Cows
Cows received Beneficiaries
received by by sectors
the district
299
239
Cows
recorded
60
1,137
1,114
1,114
0
NYAGATARE
-
184
-
-
KIREHE
-
122
122
0
NGOMA
-
84
84
0
KAYONZA
-
139
-
-
BUGESERA
-
298
298
0
1,137
1,941
1,857
60
Total
not
Table n°19: Cows provided to the Southern Province
DISTRICT
NYANZA
Cows
Cows received Beneficiaries
received by by sectors
the district
1,075
1,236
1,241
Cows
recorded
-
GISAGARA
-
1,221
-
-
MUHANGA
-
564
-
-
RUHANGO
-
241
-
-
NYARUGURU
-
1,217
1,078
64
HUYE
-
945
-
-
NYAMAGABE
-
459
443
16
KAMONYI
-
293
229
1
1,075
6,176
2,991
81
Total
not
65
Table n°20: Cows provided to the Northern Province
DISTRICT
GICUMBI
Cows
Cows received Beneficiaries
received by by sectors
the district
2,545
295
-
Cows
recorded
9
MUSANZE
-
251
-
-
GAKENKE
-
502
502
-
BURERA
-
314
-
-
RULINDO
-
517
-
20
2,545
1,879
502
29
Total
not
Table n°21: Cows provided to the Western Province
Cows
recorded
NGORORERO
Cows
Cows received Beneficiaries
received by by sectors
the district
702
-
RUBAVU
-
852
673
-
NYABIHU
-
375
-
-
RUTSIRO
-
578
-
4
NYAMASHEKE
-
111
-
-
RUSIZI
-
709
-
-
Total
-
3,327
673
4
DISTRICT
not
-
Table n°22: Cows provided to Kigali City
DISTRICT
GASABO
Cows
Cows received Beneficiaries
received by by sectors
the district
290
290
Cows
recorded
0
KICUKIRO
-
269
269
0
NYARUGENGE
-
-
-
-
TOTAL
-
559
559
-
not
66
Note:
(-): During the assessment of GIRINKA Munyarwanda Program, the Office of the Ombudsman did not
get all information because some districts did not have the report on how the activity was carried out.
Furthermore, local authorities did not know where some beneficiaries stay so that the Office of the
Ombudsman could reach them.
(-): Due to lack of reports, the Office of the Ombudsman could not differentiate cows given by the
Government and from those given by different Projects and by banks.
ANALYSIS
The GIRINKA Munyarwanda program was initiated with the aim of improving living conditions of
poorest Rwandan families. This program was not implemented as it was recommended by the President
of the Republic because some cows were given to beneficiaries who were not poor, others given to
citizens who had their own cows or to local authorities.
It has been observed that:
-
In many districts, cows were given to local authorities, to traders and even to citizens who
already had cows;
-
Cows were given to best farmers and best teachers;
-
Some beneficiaries sold the received cows. This case was submitted to police and local
authorities and as a result these cows returned returned. For example, 5 citizens from Rambura
Sector in Nyabihu District and from Cyato sector in Nyamasheke District;
-
There is a difference between the number of cows reported by districts and the number of cows
reported by RARDA. For example, Rulindo District reported that it received 2,330 cows while
RARDA reported that it gave to it 3,242 cows. There is a difference of 912 cows with no
explanation;
-
Some local authorities used names of other citizens to receive cows. For example, in Kabarondo
Sector in Kayonza District, the Executive Secretary of a cell received a cow recorded on another
citizen’ name;
-
Authorities at district and sector levels did not have the right figures of cows given by different
67
partners such as SEND A COW, HIP, PADEBEL, RARDA, ASRG, CNF, DCDP, PDRCIU,
IMBUTO FOUNDATION.
2.2.6. The role of involved parties
i.
At national level
After purchasing the materials to construct houses for vulnerable citizens and giving them to the
provincial administration, the Ministry of Local Administration should have made a follow up to ensure
if they were used for the intended purpose.
Concerning GIRINKA Munyarwanda program, the Ministry of Agriculture and Animal Resources and
RARDA should have made a follow up of the implementation of this program.
After assessment of the GIRINKA Munyarwanda program by the Office of the Ombudsman, the
Ministry of Agriculture and Animal Resources started addressed the issues that were raised where cows
given to wrong beneficiaries were returned and provided to rightful beneficiaries.
ii.
At grassroots level
At district level, the program of constructing houses for vulnerable citizens was left solely to the Vice
Mayor in charge of social affairs. The Executive Secretary of the district was not involved whereas
he/she has among attributions the management the district property.
On sector level, the Executive Secretary of the sector did not too make a follow up of the
implementation of the program of constructing houses for vulnerable citizens. On cell and village level,
cows intended to vulnerable citizens were appropriated by local authorities or given to their relatives,
friends or any other person for personal interest.
It was observed that many cows were in possession of heads of villages, Executive Secretaries of cells or
even cells coordinators and traders.
iii.
The level of beneficiaries
68
It was observed that the beneficiaries were also involved in the poor implementation of the program of
constructing houses for themselves, for instance some beneficiaries sold part of materials provided to
them instead of using them for the intended purpose.
2.3.
RECEIVING AND INVESTIGATING CORRUPTION CASES
Cases of corruption are in two categories: there are citizens who report corruption cases to the Office of
the Ombudsman, and there are cases investigated by the Office of the Ombudsman at its own initiative.
227 cases received were divided into five categories.
2.3.1. Corruption in grassroots levels
Corruption cases in grassroots levels involve local authorities who ask for bribes so as to accomplish
their duties. Such cases are mostly observed in controlling illegal constructions of houses, in handling
injustice complaints and in issuing required documents.
2.3.2. Corruption in the judiciary
Cases of corruption observed in judiciary involve some employees who demand bribes, use favoritism
and nepotism in resolving conflicts. Some of them are judges of ordinary courts, persons of integrity of
Gacaca courts and members of conciliators committees. In most cases, the information received by the
Office of the Ombudsman had no grounds and were given by citizens dissatisfied with court rulings.
2.3.3. Maladministration in other institutions
There is information provided on maladministration in public and private institutions, associations
suspected of corruption due to poor service delivery, for instance in the management of public
institutions, secondary schools, health centers …
2.3.4. Procurement
Corruption is also suspected in public procurement where procedures are not respected.
69
2.3.5. Corruption in employment
Corruption cases related to employment concern improper recruitment, use of false documents, payment
of ghost employees and violation of employees’ rights. The table below indicates the number of
corruption cases received, those concluded, those still under analysis by the Office of the Ombudsman
and those transferred to concerned institutions.
Table n°23: Corruption cases
Categories
Local
Cases received
Cases
concluded
Cases
under Cases transferred to
analysis
concerned
institutions
7
5
53
41
Judiciary
43
36
4
3
Maladministration
82
74
6
2
Procurement
28
21
4
3
Employment
19
15
2
2
Total
225
187
23
15
Government
of other
institutions
Graph n° 4: Corruption cases
70
Corruption cases
90
82
80
70
55
60
43
50
Corruption cases
40
28
30
19
20
10
0
Local
Government
Judiciary
Maladministration of Procurement
Employment
Other institutions
Among received cases, 187 i.e 82.3% were concluded because after investigation there was no evidence
supporting the received information. Sometimes the investigation shows that there is mismanagement in
a given institution, hence a recommendation is made to improve the functioning of the institution by
respecting laws or to take disciplinary action against involved leaders. Other corruption cases are still
under analysis by the Office of the Ombudsman.
There were corruption cases transferred to concerned institutions for analysis and conclusion. Some of
them were transferred to the public prosecution for criminal proceedings. Others were transferred to
board of directors and to district council for analysis and conclusion. The Office of the Ombudsman
makes a follow up of implementation of provided recommendations.
2.4.
NATIONAL ANTI-CORRUPTION ADVISORY COUNCIL
71
The establishment of the National Anti-Corruption Advisory Council was decided in meeting of 1718/12/2008. The members of the Council are officials from different Government institutions as shown
below:
-
The Office of the Ombudsman;
-
The Office of the Prosecutor General;
-
The National Police;
-
The National Security Services;
-
The Supreme Court;
-
The Ministry of Justice;
-
The Ministry of Local Administration.
The secretariat of the Council works under the Office of the Ombudsman. The Office chairs the monthly
meeting of the Technical Committee.
The National Anti-Corruption Advisory Council held meetings on 27/01/2009, 30/06/2009 and
09/12/2009. The major recommendations are the following:
-
The Office of the Ombudsman should be given the powers of executing judgments as well as
punishing those who refuse to execute them. These powers are provided for in the draft law
reviewing the law establishing the organization and functioning of Office of the Ombudsman;
-
Corruption cases to be submitted to courts should be deeply investigated: it was recommended
that the institutions attributed to fight corruption should work closely to search for evidences, but
complex cases related to corruption and embezzlement of public property should be submitted to
the National Public Prosecution Authority.
Concerning cases submitted to courts of law without evidences leading to the release of the
accused, the institutions expressed the constraints based on lack of materials and equipments
including computers, tape recorders, vehicles, motorcycles… There is also insufficiency of
offices, personnel and trainings. Low salaries was also mentioned as a constraint leading to
turnover of employees.
72
On that issue, the following recommendations were formulated:

The National Police should empower the personnel with required skills as well as providing
to them with enough equipments ;

The public prosecution should critically analyze files from the judicial police before
submitting them to courts;

An investigator should thoroughly investigate the case at hand and should be convinced that
the case is ready to be submitted to court;

Reinforce the collaboration between the judicial police and the public prosecution to improve
the quality of the work;

Reinforce the collaboration with the National Security Service in sharing information in
relation to investigations on corruption cases;

The priority should be given to the searching of evidences in corruption cases than arresting
the suspect.
-
Assets recovery: as regard to cases of corruption and embezzlement submitted to courts, it was
recommended that the state attorney should be informed so as to sue for damages. The public
prosecution should make provisional seizure of public property which have been appropriated by
individuals and request the court to order for recovery;
-
To reinforce capacity building to the staff of the institutions attributed to fighting corruption as
regards to investigating corruption cases: due to limited skills in investigating corruption cases, it
was recommended that the Institute of Legal Practice and Development (ILPD) located in Nyanza
should include in training programs the module of fighting corruption; the paper was prepared and
sent to ILPD. It was also recommended to the institutions in charge of fighting corruption to be
jointly trained;
-
Analyzing corruption cases received by different institutions: corruption cases have been increasing
basing on data provided in 2009 from National Police, Office of the Ombudsman, Office of the
Prosecutor General, the Supreme Court and the National Security Services; it was also recommended
that a table should be prepared indicating cases of corruption and related offences received by
concerned institutions hence facilitating their analysis;
-
Sharing views on the National Anti-Corruption Policy: the draft policy was submitted to concerned
institutions.
3. DECLARATION OF ASSETS
73
In reinforcing good governance, the Office of the Ombudsman was attributed to receive and examine the
faithful declaration of assets of high officials and other civil servants as provided in the law n° 17/2005
of 18/08/2005 modifying and complementing the law n° 25/2003 of 15/08/2003 establishing the
organization and functioning of the Office of the Ombudsman in its article 3-4°.
In fulfilling its obligations, the following activities were carried out in 2009:
1. Distributing and receiving forms of declaration of assets;
2. Verifying the declared assets;
3. Carrying out a survey on the impact of declaration of assets.
3.1.
DISTRIBUTING AND RECEIVING FORMS OF DECLARATION OF ASSETS
From February 2009, the Office of the Ombudsman distributed the forms of declaration of assets to all
74
concerned officials within the country and abroad so as to fill them and return them as the law provides.
Since then, the Office of the Ombudsman has received those forms and kept them using ICT.
The tables below show the number of officials who received forms of declaration of assets, those who
returned them and those who did not return them.
3.1.1 High ranking officials, Senators, Deputies, Ministers
N° Officials
1.
Received
High ranking officials
5

President of the Republic,

President of Senate,

President of the Chamber
Returned
Not returned
5
0
of Deputies,

Prime Minister,

President
of
Supreme
Court.
2.
Ministers and State Ministers
28
28
0
3.
Senators
25
25
0
4.
Deputies
79
79
0
Total
137
137
0
3.1.2. Staff of the Parliament
No
Working place
Received
Returned
Not returned
1.
Senate
15
15
0
2.
Chamber of Deputies
15
15
0
Total
30
30
0
75
3.1.3. Judiciary and National Public Prosecution Authority
No Working place
Received
Returned
Not returned
1
Judiciary
316
316
0
2
Public Prosecutor’s officer
173
173
0
Total
489
489
0
3.1.4. Office of the President and Ministries
No Working place
Received
Returned
Not returned
1.
Office of the President
48
48
0
2.
Prime Minister’s Office
27
27
0
3.
Ministry of Defense
299
299
0
4.
Ministry of Public Service and 12
12
0
65
65
0
and 64
64
0
Labor
5.
Ministry of Health
6.
Ministry
of
Finance
Economic Planning
7.
Ministry of Local Administration
8
8
0
8.
Ministry of Youth
11
11
0
9.
Ministry
7
0
Industries,
of
Commerce, 7
Tourism
and
Cooperatives
10. Ministry Foreign Affairs
65
65
0
11. Ministry of Infrastructures
25
25
0
12. Ministry of Education
16
16
0
13. Ministry of Natural Resources
11
11
0
7
0
14. Minister in the Office of the 7
Prime Minister in charge of
gender and family promotion
15. Ministry of Justice
33
33
0
16. Ministry of National Security
53
53
0
and 16
16
0
17. Ministry of Agriculture
animal Resources
76
18. Ministry of Sport and Culture
19
Ministry
of
East
7
7
0
African 8
8
0
782
0
Community
Total
782
3.1.5. Government and parastatal institutions
No
Working place
Received
Returned
Not returned
1
TIG
6
6
0
2
RDB
63
63
0
3
OCIR- THE
48
48
0
4
OCIR-CAFE
17
17
0
5
IPRC KAVUMU
6
6
0
6
REMA
27
27
0
7
MAGERWA
16
16
0
8
ONATRACOM
29
29
0
9
ORINFOR
26
26
0
10
ILPD
7
7
0
11
LABOPHAR
9
9
0
12
CNLS
13
13
0
13
TRAC PLUS
18
18
0
14
CNLG
9
9
0
15
CNDP
7
7
0
16
RDRC
28
28
0
17
RURA
21
21
0
18
SNJG
13
13
0
19
RCAA
20
20
0
20
CEPEX
10
10
0
21
RPPA
43
43
0
22
O.A.G
90
90
0
23
SONARWA
8
8
0
24
FARG
24
24
0
25
ONP
43
43
0
77
26
HCM
13
13
0
27
CNUR
18
18
0
28
FGA
10
10
0
29
Umwalimu SACCO
10
10
0
30
NCDC
9
9
0
31
ID Project
13
13
0
32
FPP
7
7
0
33
Global Fund
21
21
0
34
SFAR
13
13
0
35
PS Commission
12
12
0
36
NSS
38
38
0
37
RIAM
10
10
0
38
RSSP
19
19
0
39
RHODA
4
4
0
40
RADA
12
12
0
41
RARDA
12
12
0
42
PADAB
8
8
0
43
R.N.Police
69
69
0
44
RECO-RWASCO
248
248
0
45
CROIX-ROUGE
40
40
0
46
RAMA
64
64
0
47
ORLT
11
11
0
48
RRA
561
561
0
49
CDF
8
8
0
50
RNE
16
16
0
51
RNYC
7
7
0
52
NEC
19
19
0
53
ISAR
50
50
0
54
RBS
31
31
0
55
FER
7
7
0
56
MMI
8
8
0
57
Gender Monitoring Office
8
8
0
78
58
SSFR
59
166
166
0
General Inspectorate of Education 11
11
0
60
PDRCIU
10
10
0
61
IRST
23
23
0
62
NISR
14
14
0
63
NMR
17
17
0
64
CAMERWA
21
21
0
65
BRD
46
46
0
66
BHR
23
23
0
67
BNR
48
48
0
68
BPR
39
39
0
69
OMG
4
4
0
70
RWANDAIR
30
30
0
2429
2429
0
TOTAL
3.1.6. Governors, Mayors, staff of Province, Kigali City, districts and sectors.
No
Working place
Received
1
Governors and Mayor of Kigali 5
Returned
Not returned
5
0
156
0
230
0
190
0
199
0
185
0
965
0
City
2
Staff of Kigali City, districts and 156
sectors of Kigali City
3
Staff
of
Eastern
Province, 230
districts and sectors of Eastern
Province
Staff of Western Province, 190
districts and sectors of Western
Province
Staff of Southern Province, 199
5
districts and sectors of Southern
Province
Staff of Northern Province, 185
6
districts and sectors of Northern
Province
Total
965
4
79
3.1.7. Secondary schools and higher learning institutions, hospitals and health centers
No
Working place
1
UNR
2
KIST
3
KHI
4
Received
Returned
Not returned
29
29
0
30
30
0
15
15
0
KIE
28
28
0
5
ISAE Busogo
26
26
0
6
SFB Mburabuturo
12
12
0
7
UMUTARA POLYTECHNIC
10
10
0
8
Secondary schools (all together)
640
640
0
9
Hospitals and health centers
68
68
0
Total
858
858
0
Grand total
5690
5690
0
Percentage
100%
100%
0%
In 2009, the Office of the Ombudsman distributed to officials from the Government and parastatal
institutions 5690 forms of declaration of assets and all these forms were returned to the Office.
However, 56 officials returned forms of declaration of assets after they have received disciplinary
sanctions including:
1. Suspension for one month without salary for those who did not declare their assets for a period of
one year;
2. Suspension for two months without salary for those who did not declare their assets for two years
and above.
In 2009, the Office of the Ombudsman also received forms of declaration of assets from 25 officials who
left their jobs for various reasons. As provided for by the law, 37 officials of the Office of the
Ombudsman submitted their forms of declaration of assets to the Senate.
Nine (9) political parties submitted to the Office of the Ombudsman the financial statements as provided
for by the law n° 16/2003 of 27/06/2003 governing political parties and politicians.
80
3.2.
VERIFYING FORMS OF DECLARATION OF ASSETS
Forms of declaration of assets
Among its attributions, the Office of the Ombudsman is entitled to receive and analyze financial
statements of political parties and to verify the origin of assets of government officials as provided for
by the law.
a) In accordance with the law n° 16/2003 of 27/06/2003 especially in its articles constituting its chapter
four, in 2009, the Office of the Ombudsman carried out a verification of the origin and utilization of
the assets of political parties using the reports and accounting books submitted to the Office of the
Ombudsman from 2005 to 2008. This verification showed that some of the political parties do not
keep accounting books and supporting documents. These are RPF and PL. Others do not have
permanent staff, hence offices are most of the time closed; these are PDI, PPC, PSP and UDPR. The
verification also showed that some political parties don’t have permanent accountants hence they
have no financial statements. These are PDC and PSR. The office of PSR is at the same time used
for commercial activities hence there is no flag of the party, instead there is a sign board showing the
kinds of goods sold. Concerning the equipments given by the forum of political parties, this party
81
uses some of them for commercial activities while others are kept in members’ homes. The report on
this verification was done and submitted to the Senate, MINALOC, forum of political parties and to
those verified political parties.
b) In 2009, the Office of the Ombudsman also verified the origin of assets of 736 officials in the
following categories :
1. Staff of Provinces, Kigali City and districts;
2. Coordinators and accountants of projects under all ministries;
3. Judges and prosecutors at primary and intermediate courts levels.
4. Directors and staff of the Institute of Technology and Scientific Research (IRST)
In general, the verification of assets was carried in two steps:
1. The Office of the Ombudsman met with the verified officials who provided explanations about the
origin of assets declared in 2008 and verified if they were legally obtained.
2. The Office of the Ombudsman checked accounts of officials in the banks operating in the country
and verified if the information provided is faithful.
It has been observed that some of the verified officials did not declare properly their assets because they
did not understand how the declaration of assets is carried out. Consequently, they did not declare the
assets of their spouses arguing that assets which they had before the marriage or private assets may not
be declared.
Some of staff of the judiciary did not declare the assets of their spouses who are privately employed
because the law n° 09/2004 of 29/04/2004 on the judiciary ethics in its article 18 does not allow them to
involve in business or have their business run by others. This is one of the reasons that make them not
properly fill in these declaration forms.
3.3.
STUDY ON THE IMPORTANCE OF PROPERTY DECLARATION
In the framework of appreciating if the exercise of declaring people’s properties, in collaboration with
the National Institute of Statistics some questions were prepared and given to various Rwandans
working in different places used to the exercise of property declarations so as they respond to these
questions.
In general, what was said in this study revealed that 78% of respondents expressed the importance of the
82
property declaration exercise and that it has a positive impact on the management of government
property.
Graph n° 5 : SHOWS THAT PROPERTY DECLARATION MADE THE CONCERNED MORE
ACCOUNTABLE TO GOVERNMENT PROPERTY
6,2%
15,2%
78,7%
Yes
No
ND
The study report on the importance of property declaration 1
It is in this perspective since the exercise started that people changed their behaviours in financial
management and other government property. It was also realised that 57% of directors and staff of the
public service have changed in services delivery and that they claim nothing not stipulated by law from
people they serve.
1
Graph 4 see page 20 of the report on the study of the Importance of property declaration « Fig 2.7 »
83
Graph n°6: In reference to sex the graph shows that property declaration made people not seek
for bribery of gifts
80
80
60
40
58
57
53
37
38
37
20
20
9
6
5
0
0
Overall
Male
Female
Yes
3.4.
No
ND
ND
The report of the study on the importance of property declaration
2
This study also revealed that up to 78% this exercise of property declaration is important to leaders and
government staff, hence it should be done every year as required by the law.
2
Graph 5: see page 30 of the report on the study of importance of property declaration « Fig 2.26 »
84
Graph n°7 : IN REFERENCE TO THE POSTS AT WORK SHOWS THAT IT IS IMPORTANT
TO DECLARE PROPERTIES EVERY YEAR
84
Administrator
83
Secondary school staff
82
Manager
78
Security officer
76
Land officer
76
Member of judiciary
75
Others
72
Controller
70
Staff of public pocurement
78
Overall
0
20
40
60
80
100
The report of the study on the importance of property declaration3
3.5.
ACTIVITIES OF THE YEAR 2010 (JANUARY-JUNE).
From January, the Office of the Ombudsman gave property declaration forms to leaders and other public
servants as required by organic law n° 17/2005 of 18/08/2005 reviewing and completing law n° 25/2003
of 15/08/2003 establishing the functioning of the Office of the Ombudsman in its article n° 3 and 4.
In the framework of implementing the obligations of the office the following activities were done:
a.
Giving and receiving property declaration forms;
b.
Analysing the sources of leaders and public servants properties
3
Graph 6 see page 52 of the study on the importance of the property declaration « Fig 3.22 »
85
3.6.
GIVING AND RECEIVING PROPERTY DECLARATION FORMS
Property forms were given to all governmental and parastatal institutions as shown bellow:
3.6.1. Top Leaders, Senators, Members of Parliament, Ministers
No
Working place
1.
Top leaders
(President
of
Received
the
Returned
Not returned
5
5
0
Republic,
President of the Senate, President
of the National Assembly, Prime
Minister and President of the
Supreme Court)
2.
Ministers and Ministers of State
25
25
0
3.
Senators
26
26
0
4.
Members of Parliament
78
78
0
Total
134
134
0
N° Working place
Received
Returned
Not returned
1.
Senate services
12
12
0
2.
Parliament services
14
14
0
Total
26
24
0
3.6.2. National Assembly
3.6.3. Judiciary and Public Prosecution
N°
Working place
Received
Returned
Not returned
Judiciary
325
325
0
Public prosecutors
179
179
0
Total
504
504
0
86
3.6.4. Office of the President and Ministry
No
Working place
Received
Returned
Not returned
1
Office of the President
50
50
0
2
Services of prime Minister
50
50
0
3
Ministry of defense
461
461
0
4
Ministry of public service and labor
10
10
0
5
Ministry of health
36
36
0
6
Ministry of finance and planning
57
55
2
7
Ministry of local administration and 16
16
0
governance
8
Ministry of Youth
9
9
0
9
Ministry of commerce and Industries
6
6
0
10
Ministry of Foreing Affairs
80
80
0
11
Ministry of Infrastructures
26
26
0
12
Ministry of Education
21
21
0
13
Ministry natural resources
11
11
0
14
Minister in the office of the Prime 9
9
0
Minister in charge of gender and family
promotion
15
Ministry of Justice
36
36
0
16
Ministry of Natinal security
81
81
0
17
Ministry of agriculture and animal 32
31
1
husbandry
18
Ministry of culture and sport
7
7
0
19
Ministry of East Africa Community
10
10
0
1008
1005
3
Total
87
3.6.5. Governmental and parastatals institutions
No
Working place
Received
Returned
Not returned
1
TIG
9
9
0
2
RDB
90
90
0
3
OCIR- TEA BOARD
49
49
0
4
OCIR- COFFEE BOARD
16
16
0
5
IPRC KAVUMU
9
9
0
6
REMA
28
28
0
7
MAGERWA
15
15
0
8
ONATRACOM
21
21
0
9
ORINFOR
19
17
2
10
ILPD
11
11
0
11
LABOPHAR
13
13
0
12
CNLS
15
15
0
13
TRAC PLUS
16
16
0
14
CNLG
14
13
1
15
CNDP
7
0
0
16
RDRC
24
23
1
17
RURA
39
37
2
18
SNJG
11
11
0
19
CEPEX
10
10
0
20
RPPA
40
40
0
21
OAG
82
82
0
22
SONARWA
5
5
0
23
FARG
26
25
1
24
ONP
37
37
0
25
HCM
8
8
0
26
CNUR
21
20
1
27
FGA
9
9
0
28
Umwalimu SACCO
11
11
0
29
NCDC
11
11
0
88
30
ID Project
19
19
0
31
FPP
8
8
0
32
Global Fund
23
23
0
33
SFAR
12
12
0
34
PS Commission
15
15
0
35
NSS
34
34
0
36
RIAM
6
6
0
37
RSSP
12
12
0
38
RHODA
6
6
0
39
RADA
11
11
0
40
RARDA
16
15
1
41
PADAB
3
3
0
42
R N Police
162
162
0
43
RECO-RWASCO
243
243
0
44
CROIX ROUGE(RED CROSS)
38
38
0
45
RAMA
83
83
0
46
RRA
699
699
0
47
CDF
15
14
1
48
RNEC
10
10
0
49
RNYC
7
7
0
50
NEC
19
19
0
51
ISAR
52
48
4
52
RBS
52
52
0
53
FER
7
6
1
54
MMI
15
15
0
55
Gender Monitoring Office
9
9
0
56
CSR
205
205
0
57
General Inspectorate of Education
11
11
0
58
PDRCIU
12
10
2
59
IRST
22
22
0
60
NISR
11
11
0
61
NMR
15
14
1
89
62
CAMERWA
16
16
0
63
BRD
61
61
0
64
BHR
23
23
0
65
BNR
47
47
0
66
OMG
5
5
0
67
HIGH ED. COUNCIL
5
5
0
68
CMAC
5
5
0
69
NATIONAL REF LABO
17
17
0
70
NATIONAL W. COUNCIL
9
9
0
71
CNRU (UNESCO)
9
9
0
72
NAFA
20
17
3
73
WORK FORCE D.A
8
8
0
74
NDIS
9
9
0
75
PSCBS
5
5
0
76
N. LAND CENTER
11
11
0
77
CNTS
6
6
0
78
Skills Dvpt in Science and Technology
5
5
0
79
RCA
3
3
0
2782
2761
21
TOTAL
3.6.6. Provincial administrators and staff, Kigali City, Districts and sectors .
No
Working place
Received
1
Provincial governors and mayor of Kigali 5
Returned
Not returned
5
0
City
2
Staff of Kigali City, districts and sectors
152
150
2
3
Staff of East province, districts ans sectors 209
209
0
4
Staff of West province, districts and 226
226
0
230
0
sectors
5
Staff of South province, districts and 232
sectors
90
6
Staff of North province, districts and 202
155
0
1024
2
sectors
Total
1,026
3.6.7. Secondary schools and higher learning institutions, hospitals and health centers
No
Working place
Received
Returned
Not returned
1
UNR
39
39
0
2
KIST
31
26
5
3
KHI
12
12
0
4
KIE
25
23
2
5
ISAE BUSOGO
38
38
0
6
SFB Mburabuturo
14
14
0
7
Umutara Pol
17
17
0
8
Kicukiro college
9
9
0
9
Tumba college of techn
7
7
0
10
Kavumu college of Ed.
5
5
0
11
Secondary schools (total)
378
365
10
12
Hospitals and health centers
598
580
18
Total
1173
1144
29
Grand total
6653
6598
55
Percentage
100%
99%
1%
3.7.
3.7. GENERAL TABLE COMPARING THE YEAR 2009/2010
No
Year
Receiving
Returned
Not returned
1
2009
5690
5690
0
2
2010
6653
6598
55
91
Graph n° 8: Giving and receiving property declaration booklets 2010
Received
3.8.
Returned
Not returned
3.8. ANALYSIS OF SOURCES OF PROPERTIES
The exercise of analysing the sources of leaders’ properties started in 2009, it continued in 2010. This
evaluation continued in the extent of checking in the banks to venify if the information is correct.
4. EVALUATING SENIOR LEADERS BEHAVIOURS
Activities of the sector in charge of evaluating leaders’ behaviour started towards the end of May 2010.
Two main activities were done:
a) Sensitize citizens and government officials in particular, on the content of the Organic Law n° 61/2008
of 10/09/2008 on the leadership code of conduct;
b) Monitoring the implementation of the leadership code of conduct.
4.1.
SENSITIZATION ON THE ORGANIC LAW ON LEADERSHIP CODE OF CONDUCT
92
The first activity in sensitizing citizens on the leadership code of conduct was carried out using radio
talks. These talks were repeated several times on different radio stations in the country. They were
delivered by the Chief Ombudsman, the Deputy Ombudsman in charge of preventing and fighting
injustice and the Director in charge of monitoring interdictions and incompatibilities of government
officials.
In relation to this activity, two thousand brochures were prepared in English and Kinyarwanda in the
aim of explaining some of the contents of the leadership code. They will be distributed to different
categories of citizens.
Some articles of this law were also published in Umuvunyi Magazine n° 15 and 16. Others will be
continuously published in the next Magazine publications.
4.2.
MONITORING THE IMPLEMENTATION OF THE LEADERSHIP CODE OF
CONDUCT
This activity aimed at following up the implementation of article 7 of the law relating to the behaviours
of leaders stating that every head of department should set up and publish rules governing staff
behaviours.
This evaluation was done in all districts of the country at provincial level and Kigali City. During this
evaluation it was realised that this is not done at all except in one district and one province only.
The section in charge of following up leaders behaviours got the staff since July 2010 hence during the
year 2010/2011 it will be able to carry out its duties.
5. MEANS AND WAYS USED IN IMPLEMENTING THE DUTIES OF THE OFFICE OF THE
OMBUDSMAN
5.1.
RELATIONS BETWEEN THE OFFICE OF THE OMBUDSMAN AND OTHER
INSTITUTIONS
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In the framework of improving relations with other foreign institutions, the office of the chief
Ombudsman and the deputy Ombudsmen attended different meetings in Burundi, South Africa,
Mirocco, Sweden, Quatar, France and Austria.
The staff of the Office of the Ombudsman also attended different meetings in Tanzania, Uganda,
Burundi, Senegal, Morocco, Cameroon and Quatar.
They also attended trainings to fight against corruption in Hong Kong, conflicts resolution in South
Africa, Gender mainstreaming ang leadership for change management.
The Office of the Ombudsman also received different visitors. These include members of Parliament
from England, Haiti, Niger and Zambia, some ministers from Somalia, the representative of the World
Bank in Rwanda, the representative of CICR in Rwanda, Chancellor and the Charge d’affairs of
Belgium in Rwanda.
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In manpower development, the Office of the Ombudsman prepared different trainings for its staff in the
country.
Staff of the Office of the Ombudsman at the graduation of training on fight against corruption.
5.2.
AN INTERNATIONAL CONFERENCE OF AFRICAN OMBUDSMEN AND THE
SWEDISH OMBUDSMAN
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5.3.
The international conference of African Ombudsmen and the Swedish Ombudsman.
From 13 to 16 October 2009, at Serena Hotel in Kigali, was held an international conference, for
African Ombudsmen and the Swedish Ombudsman. The conference was an opportunity to celebrate the
anniversary of two hundred years of the Office of the Ombudsman (1809-2009), Rwanda was chosen as
the country for the celebration of that anniversary in Africa.
The conference was attended by chief Ombudsmen and heads of institutions in charge of fighting
against corruption in the following countries: Rwanda, Sweden, Burundi, Uganda, Kenya, Tanzania,
Burkina Faso, Mali, Mauritius and Namibia.
The objectives of the conference:
-
Learn from the experience of the Swedish Ombudsman, which is the first Office of the Ombudsman
in the world (established in 1809)
-
Exchange views between offices of the ombudsmen and institutions to fight against corruption so as
to set up resolutions to fight against corruption, good governance and human rights;
-
Look and reinforce close cooperation between the offices of the Ombudsmen and institutions in
charge of fighting against corruption in African countries;
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The conference was opened by His Exellency Paul KAGAME, the President of the Republic of Rwanda
who thanked the people of Sweden and the chief Ombudsman of Sweden Mats MELIN in a special way
for their assistance to the Office of the Ombudsman of Rwanda and the cordial relations between them.
He also thanked the countries who attended the conference, and reminded them that Africa will never
progress as lomg as there is bad leadership and bad governance, lack of transparency and no respect for
humanrights.
The chief ombudsman of Rwanda, Tito RUTAREMARA presented the Rwanda’s achievements in
fighting against corruption, good governance such as creating a consultative committee to fight against
corruption, organising trainings for the population in relation to the consequences of corruption and
protecting those giving bribery, the study on corruption in different institutions, central government
actions and governmental institutions, control of leaders properties, sign boards with the message to
fight against corruption.
After exchange of views, showing the achievements of fighting against corruption and injustice and
promoting good governance, leaders representing the offices of the Ombudsmen in their countries and
the institutions in charge of fighting against corruption in Africa took the following conclusions:
-
Put more efforts in fighting all activities and behaviours hindering African’s development,
-
Put together efforts in fighting against corruption and adopt common strategies to prevent injustice,
corruption and bad governance ,
-
Reinforce cooperation between institutions and learn from good experiences of other countries;
-
Building the rule of law, transparency and justice together with fighting against corruption;
-
Reinforce principles of good governance based on transparency and accountability and services to the
people;
-
Empowering and developing capacity in carrying out investigations on corruption cases and other
related crimes and take resolutions to prevent those crimes among the public servants in their duties;
-
Government should empower the Office of the Ombudsman and institutions to fight against corruption
to investigate and work for the accomplishment of their missions.
The international confernce of Africa’s Ombudsmen and Institutions to fight against corruption was
attended by different governmental Institutions including the consultative committees to fight against
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corruption, non govermental organisations, students anti corruption clubs, and Transparency Rwanda.
Those Institutions also expressed their resolutions and programmes to fight against corruption and their
achievements.
The conference really showed that the Office of the Ombudsman and Institutions in charge of fighting
against corruption have good programmes but that there are still a problem of capacity in budget, staff
and equipments, which hinder the fullfilment of their objectives as required.
5.4.
Budget and Equipments
In the framework to accomplish its functions and duties, the Office of the Ombudsman used a budget
provided by the government plus some contributions from the UNDP and DFID in projects and program
for strengthening good governance. They also received funds from Swedish International Development
Agency in the preparation and organisation of the International conference for Africa’s Ombudsmen and
the Ombudsman of Sweden.
The Office of the Ombudsman also bought 86 different books including those on foreign languages,
genocide, laws and others.
These books are used by leaders and staff of the Office of the Ombudsman in their daily work. They also
received different employees of different institutions, university students and researchers who come to
the Ombudsman Library.
A part from the purchasing of books, it received grants and donations and also published the following
teaching materials/aids.
-
Rendering good services in public institutions
-
Learning about land laws
-
Learning about laws governing case laws
-
Learning about laws governing family property donations and inheritance.
These teaching aid are used by staff in their training to the population on various laws.
The Office of the Ombudsman published a new magazine “UMUVUNYI MAGAZINE N° 10, N°11,
N°12, N°13, N°14 and N°15 in the framework of sensitizing the population to refuse and condemn
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corruption and injustice and were distributed in the whole country.
The Office of the Ombudsman provided its staff with some office equipments helping them to carry out
their daily endevours.
In the sensitisation of activities of the Office of the Ombudsman, they used different Radio stations and
Rwanda Television and news papers and internet in and outside the country.
5.5.
Source of money used in 2009-2010.
Source of money
Budget
2009
June )
(January- Budget
(July2009- June
2010)
Money remaining on the account of 153,681
-
the office December 2008
Money remaining on the account of
-
72,000
the office June 2009
Received
money
(through
the 153,087,679
512,962,887
Received money (not through the 167,408,057
396,809,477
account)
account)
Received from SIDA account
Total
5.6.
-
30,000,000
320,649,417
939,844,364
BUDGET USE: 2009-2010
Budget 2009 (January- Budget
Budget lines
June )
(July 2009- June
2010)
Money for technical equipment
Money for computers purchase
23,046,897
8,960,414
Office equipments
20,275,724
37,446,256
Water and electricity
4,037,282
7,977,430
Travel inside the country
28,534,465
123,290,659
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Travel outside the country
2,274,330
22,553,443
Mission inside the country
8,489,554
33,278,420
Mission outside the country
-
17,785,666
Conference room
746,300
2,622,387
Others
346,200
16,077,553
Repairs
1,553, 912
39,305,988
Technical repairs
671,750
25,679,220
Subscriptions
180,825
16,247,006
Publications
4,641,750
Advertisment costs
Public debates and trainings
Insurance
2,705,107
4,556,686
2,785,704
9,057,563
6,583,108
88,623,475
5,242,895
Resource people’s fees
5,683,285
5,458,916
Investigating
4,205,020
10,230,511
Reception on public holidays
2,157,850
13,341,988
Reception for visitors
72,700
17,169,329
Post office fee
14,281,906
6,199,405
Fax and telephone fee
10,135,150
20,850,719
Internet fee
2,706,480
6,869,518
Translation fee
-
2,434,804
Bank fee
102,000
281,500
Medicine
-
176,600
Salaries
National security funds
RAMA
Total
144,533,789
9,697,498
320,700,066
25,763,385
14,988,970
41,222,905
321,566,732
844,589,143
The Office of the Ombudsman used donors’ money: UNDP/DFID as follows:
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Balance for 2008
Money on the account Money on the account Balance
120.29.73 supported by 120.29.73
UNDP/DFID
UNDP/DFID 2009 to January 2009 to June
25, 204,989
June 2010
2010
458, 353,706
455, 206,854
3, 146,852
6. RECOMMENDATIONS AND CHALLENGES
6.1.
Preventing and fighting against injustice
a.
Although there are many achievements in paying the arrears of former employees, the Office of
the Ombudsman received many complaints about arrears for the time they were still teachers or other
public servants. There are some arrears which should be paid by the Ministry of finance, others to be
paid by districts or provinces. The Office of the Ombudsman requests these institutions to specifically
deal with this matter so that the concerned are paid or directed on how to go about their payments.
b.
Many complaints brought to the Office of the Ombudsman should be resolved from where they
are every where in the country. The Office of the Ombudsman still wonders why they announce it
through the radio stations even through the districts and yet some districts do not communicate or inform
their population on the said programmes, as there are many people who do not listen to the radio, hence
these programmes for training or solving their complaints are not attended as they should be. The Office
of the Ombudsman keeps reminding and sensitising local administration leaders to help their people to
attend these programmes. It also requests other institutions of the country such as the Ministry of local
administration at higher levels to remind and sensitise these lower levels to put more efforts in this
exercise.
c.
The law governing the National social security fund (CSR) gives a period of ten years for the
expiration of the following up the claims on security funds. Apart from the fact that people are not aware
of this article, they easily loose their rights. The Office of the Ombudsman does not understand why
people should loose their rights on the money they contributed due to some different reasons and hence
requests the caisse sociale du Rwanda or the national social security fund in collaboration with relevant
authorities to change that article to remove the expiry period of ten years or introduce other easily
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manageable and recovery measures.
d.
Many problems resulting from activities of public interests are due to the fact that some people
are removed without compensating their activities, some are listed and get promices of getting
compensated but they never get their rights. The Office of the Ombudsman requests the concerned
institutions to plan and prepare their programmes early enough to know, the planned activities, the time
of execution so as not to keep people waiting endlessly and always ensure that they respect the
provisions of law no 18/2007 of 19/04/2007 relating to displacement of people for activities of public
interests.
6.2.
Preventing and fighting corruption and other related crimes.
The GIRINKA program and Building Houses for the poorest citizens.
a) Leaders who embezzled or mismanaged what was meant for the poorest citizens should be dealt with
according to the law and be punished or given disciplinary actions at work;
b) Give the equipments to finish up the uncompleted houses;
c) Those who got cows unlawfully or without deserving them should return them and give them to the
rightful beneficiaries;
d) Better teaching and preparing beneficiaries before the activities ( constructing their house and giving
them modern cows)
e) Different Ministries should carry out regular follow up exercise for the preparation and
implementation of activities and programs.
6.3.
Declaration of assets
a.
It is important for Governmental Institutions to inform the Office of the Ombudsman on the new
staff and those who left their jobs so as to respect the provisions of the organic law N° 17/2005 of
18/08/2005 abrogating and completing law N° 25/2003 of 15/08/2003 establishing the structure and
functions of the Office of the Ombudsman, in its article 7 bis stating that any employee who leaves his
job should inform the Office of the Ombudsman and declare his properties within 15 days after
termination of his services. This article also stipulates that the first document showing the the real
properties of people mentioned in art 3-4o starting their employment, should be given to the office of
Ombudsman in a period of one month after starting the new job.
b.
It requests that art 18 of law no 09/2004 of 29/04/2004 relating to ethics in the judiciary should
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be reviewed because it hinders their work and makes them do other business privately and fear revealing
and declaring their properties correctly.
c.
During the evaluation on the source of properties of leaders and other public servants, there was
an issue of people who leave their jobs and the Office of the Ombudsman is not informed on their
whereabouts so as to carry out the inquiry on the sources of their properties.
d.
Some of the members of the judiciary do not declare the properties of their spouses who are self
employed because the law governing them forbids them and their spouses to do business.