REPUBLIC OF RWANDAREPUBLIC OF RWANDAOFFICE OF THE OFFICE OF THE OMBUDSMANOMBUDSMANGOOD GOVERNANCE GOOD GOVERNANCE

BASED ON INSPECTION BASED ON INSPECTION AND CONTROLAND CONTROL

LOCATION OF RWANDALOCATION OF RWANDA

BACKGROUND HISTORYBACKGROUND HISTORY

• East-central Africa, is surrounded by the Democratic East-central Africa, is surrounded by the Democratic Republic of the Congo, Uganda, Tanzania, and Republic of the Congo, Uganda, Tanzania, and Burundi.. Burundi..

• Steep mountains and deep valleys cover most of the Steep mountains and deep valleys cover most of the country: Virunga Mountains, Volcano Karisimbi country: Virunga Mountains, Volcano Karisimbi (14,187 ft; 4507 m), Rwanda's highest point.(14,187 ft; 4507 m), Rwanda's highest point.

• Tutsi Genocide which took a million of them but now Tutsi Genocide which took a million of them but now the country has experienced a quick recovery just the country has experienced a quick recovery just after fifteen years .after fifteen years .

SOME RWANDA MAINSOME RWANDA MAIN FEATURES FEATURES

• Good governance Good governance • Promotion of gender equality: women in taking decision organs, minimum of 30% : Promotion of gender equality: women in taking decision organs, minimum of 30% :

56% Parliament, 36 % Cabinet, 46% Supreme Court56% Parliament, 36 % Cabinet, 46% Supreme Court• Decentralisation Decentralisation • Public service reforms Public service reforms • Financial reforms Financial reforms • Procurement reforms Procurement reforms • Judiciary reforms Judiciary reforms

• Permanent appraisal of civil servants Permanent appraisal of civil servants

•

ACTIONS TAKEN TO ACTIONS TAKEN TO PROMOTE GOOD PROMOTE GOOD

GOVERNANCEGOVERNANCE

OFFICE OF THE OMBUDSMAN LEGAL OFFICE OF THE OMBUDSMAN LEGAL FRAMEWORKFRAMEWORK

• Independent public institution which was Independent public institution which was established by the 2003 Constitution of the established by the 2003 Constitution of the Republic of Rwanda , article 182.It is a hybrid Republic of Rwanda , article 182.It is a hybrid institution which deals at the same time with : institution which deals at the same time with :

- Addressing injustice complaints ; Addressing injustice complaints ; - Investigating corruption cases ;Investigating corruption cases ;- Monitoring good governance;Monitoring good governance;- Promoting integrity and transparency.Promoting integrity and transparency.

OFFICE OF THE OMBUDSMANOFFICE OF THE OMBUDSMAN

• The Ombudsman Office is the only institution with the exclusive powers of preventing and combating corruption;

• For the last five years anti-corruption investigative powers were only vested with the Ombudsman and his two deputies, but presently the office has been granted full investigative powers.

OFFICE OF THE OMBUDSMANOFFICE OF THE OMBUDSMAN

• The Office doesn’t however prosecute the suspects because prosecutorial powers are constitutionally vested in the National Public Prosecution Authority (NPPA). Thus, upon completion of investigations, the case with its evidence is referred to the Prosecutor-General for prosecution.

DECLARATION OF ASSETS &PATRIMONY

Have the duty to declare every year their assets and patrimony to the office of the ombudsman:

• High ranking government officials;• People involved in public and finance

management.

H.E Paul Kagame submitting his H.E Paul Kagame submitting his declaration of assets & patrimonydeclaration of assets & patrimony

The Prime Minister declaring his The Prime Minister declaring his wealth at the Office of the wealth at the Office of the

Ombudsman Ombudsman

LEADERSHIP CODE OF CONDUCT LEADERSHIP CODE OF CONDUCT

• Interdiction to high ranking officials Interdiction to high ranking officials (conflict of interest, mismanagement of (conflict of interest, mismanagement of public funds, misbehavior, etc )public funds, misbehavior, etc )

• Sanctions (Penal And Administrative Sanctions (Penal And Administrative Sanctions)Sanctions)

INTEGRITY AWARD INTEGRITY AWARD

A person to be attributed an integrity award in A person to be attributed an integrity award in both public and private institutions :both public and private institutions :

• Performant in his/her dutiesPerformant in his/her duties• Ethic Ethic • MoralMoral• Respect of deontologyRespect of deontology• ResponsibleResponsible

MONITORING GOOD GOVERNANCE IN PUBLIC

INSTITUTIONS

INSTITUTIONS IN CHARGE OF INSTITUTIONS IN CHARGE OF AAUDITINUDITING G

Office of the Ombudsman deals Office of the Ombudsman deals with with injustice and mal administration including injustice and mal administration including operational auditsoperational audits Public Public ProcurementProcurement AuthorityAuthority: : regulationsregulations and monitoring and monitoring procurement procurement proceduresprocedures Office of the Office of the AuditorAuditor General; Financial General; Financial managementmanagement

OBJECTIVES

In its auditing exercise, the Office examine: • the structure of the institution, the leadership, • institution’s policies, procedures, manuals in relation

to the above are appropriate and complied with the law;

• the quality of service delivered;• whether functioning and daily routine respects

principles of good governance: transparency, accountability, efficiency and effectiveness;

• Whether functioning does not give loopholes of corruption and injustice .

OFFICE OF THE OMBUDSMAN

• Operational audits in central government: ministries , commisions, governmental agencies and parastatals;

• Operational audits in local government: reports on 14 districts in 2007 and 16 districts in 2008;

• Cases found are investigated ( public tenders misallocation and embezzlement).

IN 2009 MORE AND MORE CITIZENS REPORT CORRUPTION

RWANDA PUBLIC PROCUREMENT AUTHORITY

• Established by Law n° 12//2007 of 29/03/2007. • Checking public tenders because it introduced

transparent and objective processes through which the government tenders are to be done.

• Has established many regulations related to procurement procedures

• Capacity building in public procurement • Monitor public procurement procedures in public

institutions

Achievements• Procurement officers in all public institutions• Creation of tender committees in all public institutions• Creation of independent organs of appeals in

different institutions as well as on national level• Since its creation, tender procedures have been

respected as compared to earlier period.• The value of tenders awarded without the approval of

the internal tender committees and the RPPA has dramatically reduced while the value of tenders awarded through open competition has increased.

• Specifically the 2007 Auditor General’s report indicates that 9 public entities did not have any case of non compliance and 13 did not have any case of unsupported expenditure

RWANDA PUBLIC PROCUREMENT AUTHORITY

• The amount of expenditure without supporting documents remains high and has actually increased especially in districts as a result of the non respect of procedures.

• The Tender Committee shall reject any bidder’s offer where it is established that the latter was engaged in any corrupt or fraudulent practices while competing for public procurement contract. The procuring entity shall promptly notify this rejection to the concerned bidder”

Stages of the Procurement Process Stages of the Procurement Process and irregularitiesand irregularities

Contract Implementation

Procurement Planning

Preparation

Pre-qualification

Bid Evaluation

Award of Contract

Advertisement

Poor planning or Poor planning or lack of planslack of plans

No criteria for No criteria for project selectionproject selection

Lack of circulation orLack of circulation orlack of informationlack of information

biased requirements biased requirements towards a favored biddertowards a favored bidder

Wide discretionWide discretion

Inordinate length ofInordinate length oftime for signing time for signing

Lack of verification or Lack of verification or systematic/longsystematic/longdelays in paymentsdelays in payments

OFFICE OF THE AUDITOR GENERAL

- Institution instituted by the Constitution of Republic of Rwanda in its article 183.

- Independent national institution responsible for the audit of state finances”.

- Reporting to the parliament- Created to control mismanagement of government funds.- It continuously audits government adherence to fiscal controls. - It has managed to make substantial progress in making

government finances more transparent and to expose public officials who have mismanaged public funds.

- Many of such officials have resigned while others brought before courts of law.

MOST COMMON FINDINGS

- Cases of embezzlement- Non respect of procedures • Lack of supporting documents• Non respect of tendering procedures• Non respect of assets management procedures • Lack of transparency in recruitment procedures

ACTIONS TAKEN

- Non respect of procedures:

• Administrative sanctions;• Penal sanctions

- Strenghtening internal audit- Creation of audit committees in different

institutions

ACTIONS TAKEN (Cont.d)

• Rwanda has made impressive progress in rebuilding its public financial management which was largely destroyed by genocide. A new public financial management system and public expenditure management has been set up.

• In order to ensure an effective public financial management system, the government has introduced the following measures;

• Zero fleet transport policy;• Zero balance budget;• Introduction of Internal Auditors at all levels;• Empowering the Office of the Auditor General;• Introduction of computer technology in the management

system;• Fixed ceilings and prepaid telephone bills for staff.

EXPECTATIONS

POLITICAL WILL IS THE KEY POLITICAL WILL IS THE KEY CONDITION FOR THE SUCCESSCONDITION FOR THE SUCCESS

MOBILIZING YOUTHMOBILIZING YOUTH

AGAINSTAGAINST

CORRUPTION:CORRUPTION:

Student anti- Student anti-

corruption clubscorruption clubs

AN ANTI CORRUPTION STUDENTS CLUB AN ANTI CORRUPTION STUDENTS CLUB FROM SCHOOL OF FINANCE AND BANKING FROM SCHOOL OF FINANCE AND BANKING

WITH THE PRESIDENT OF THE REPUBLIC WITH THE PRESIDENT OF THE REPUBLIC OF RWANDAOF RWANDA

THE OMBUDSMAN WITH STUDENTS ANTI CORRUPTION

CLUB ULK RUBAVU

MEDIA RECOURSE

-Talk shows on radio and television.

Sketch and spots

-Debates on radios and television.

-Magazine

-Town meetings

TRANSPARENCY INTERNATIONAL TRANSPARENCY INTERNATIONAL PERCEPTION 0N RWANDAPERCEPTION 0N RWANDA

2005 2006 2007 2008 2009

3.1 2.5 2.8 3.0 3.3

WORLD BANK PERCEPTION WORLD BANK PERCEPTION

WHAT NEXT?• Sharing Rwanda good anti-corruption practices

with other countries;• Learn from experiences of those countries• Assistance in enhancing human resource

capacities

THANKS