Protection of Whistleblowers in Rwanda

Protection of Whistleblowers in Rwanda

Share this post

January 24, 2017

spotlight Compliance Champion Spotlight

What is a Compliance Champion? A Compliance Champion is an individual or organization committed to fostering and raising the standards of anti-bribery compliance. TRACE Trends will include posts featuring Compliance Champions from time to time.

We hope you enjoy the following entry from this week’s Compliance Champion, and TRACE Partner Law Firm!

Today’s guest blog post is written by Mr. Johnson Kabera, a lawyer from Kigali, Rwanda and the Managing Partner of Kigali Allied Advocates (KAA). Johnson has been practicing for more than ten years and is passionate about business law and compliance.


The Republic of Rwanda has a strong tradition of fighting corruption. It is among the best-ranked countries in Africa in the TRACE Matrix index of business-bribery risk, and a real standout among its immediate Central-East African neighbors.

One factor in Rwanda’s impressive standing is its history of anti-corruption law and enforcement. In 2003, it enacted Law No. 23/2003 on Prevention, Suppression and Punishment of Corruption and Related Offences, criminalizing both the offering and the solicitation of bribes. The law required that “effective and appropriate protection” be given to those who supply relevant information or testimony about corruption offenses. It also provided an additional incentive to potential whistleblowers in the form of a “bonus” of one-tenth the value of any confiscated property—or a direct payment from the guilty party in the absence of confiscation.

More recently, Rwanda’s parliament has addressed whistleblower protection in greater detail with its passage of Law No. 35/2012 Relating to the Protection of Whistleblowers. The new protections include safeguarding whistleblowers’ identities through use of a case-file code number and in camera testimony at trial. It also grants whistleblowers immunity from civil or criminal action, as long as their information was given in “good faith.” At the same time, supplying false information based on “hatred, jealousy or potential conflict” is prohibited.

The new law takes a sharp turn away from the earlier “reward” model for whistleblowing. Reporting corruption is presented not just as an admirable and courageous act, but as a positive obligation: “A person shall disclose to the relevant organ any information in his/her possession or which has been brought to his/her attention in connection with offenses, illegal acts and behaviors.” And although there is no clear repeal of the earlier-provided “bonus,” the 2012 law rejects the idea of such a bonus as a motivating factor, declaring that “whistle-blowing shall be made as part of patriotism and protection of the public interest, notwithstanding laws that provide for benefits for whistle-blowing.”

This emphasis on whistleblowing as a civic duty may be the right approach here, given the country’s comparative low degree of tolerance for corruption. It may also prove to be a helpful case study in the relative importance of duty, protection, and reward in encouraging whistleblowers to come forward. 

FOR MORE ON THIS TOPIC, PLEASE SEE THE FOLLOWING RESOURCES:

TRACE Matrix: Rwanda
Whistle blowers protection law
Whistleblowing law adds to anti-graft measures
TRACE Trends: Tone at the Top Writ Large

Gray Mail IconClick here to subscribe to TRACE Trends: A Compliance Conversation and receive email notifications as new posts are published.

January 2017 Quiz: Are You Up-to-Date on This Month’s Anti-Corruption News?
Turning over a new leaf or getting lost in the weeds? News from the English country garden
Justina Song Protection of Whistleblowers in Rwanda

Comments

Leave a Reply

Leave this field empty:

Your email address will not be published. Required fields are marked *



    Good morning, ladies and gentlemen. I am delighted to start the second panel this morning of the Council on Foreign Relations workshop on the intersection of corruption and U.S. national interests. Today I will be leading the second panel, which is going to deal...
    Recent News Feed 4/6/2017 Read More
    Last week, TRACE held its 13th Forum at the St. Regis Hotel in Washington, D.C. Over 100 member companies contributed to a lively and extended exchange of best practices across the two-day event.
    Interestingly, for the first time, men and women were represented in...
    Recent News Feed 4/4/2017 Read More
    After years of struggling with excess capacity and tight profit margins, the breakbulk industry facesa tough competitive climate. In these circumstances, one needs to be careful about any temptation to cut corners. Given the industry’s global characterand high degree...
    Recent News Feed 4/3/2017 Read More
    US government officials have said that when assessing company culture as part of an FCPA investigation, they are looking for much more than just “tone at the top.”
    To read the full article, click here.
    Recent News Feed 3/30/2017 Read More
    A current trend in compliance training is gamification, or adding gaming elements to training modules, to encourage learning and engagement. You don’t have to overhaul your entire training program in order to participate in this trend. Below are three ways to...
    Recent News Feed 3/29/2017 Read More
    On March 7 and 8, General Dynamics, joined by TRACE International and the Romanian Chamber of Commerce and Industry, found 150 participants eager to hear about business ethics in Romania, which has been swept by anti-corruption protests in recent months.
    To read the...
    Recent News Feed 3/28/2017 Read More
    A nova “lista do Janot”, derivada das delações premiadas dos executivos da Odebrecht, além de deixar os políticos com as barbas de molho, também deve reforçar uma recente distinção adquirida pelo Brasil: a...
    Recent News Feed 3/23/2017 Read More
    Foreign companies should always maintain close contacts with their local embassies should they need assistance in avoiding extortionate demands. Trade commissions, chambers of commerce and local business councils also may offer support in this domain.
    To read the full...
    Recent News Feed 3/23/2017 Read More
    It is a formula as old as business itself – the bribe, the backhander that greases the wheels of commerce. Rolls-Royce has recently learned to its great cost, however, that nowadays it is also a ticket to massive fines and reputational damage.
    As Brexit...
    Recent News Feed 3/21/2017 Read More
    Corruption-based allegations can be crippling for any company. Compliance in this area of the law is of particular importance to companies who regularly use international consultants and sales representatives, commonly referred to as “intermediaries,” to develop...
    Recent News Feed 3/15/2017 Read More
    These dinner dates aren’t like handing over briefcases filled with money. But it’s an issue, Wrage says, that keeps executives up at night worrying about the consequences of possible wrongdoing.
    How times have changed since November 2001, when Wrage founded...
    Recent News Feed 3/15/2017 Read More
    Anti-bribery enforcement actions increased dramatically on a global scale over the past year, with the extractive industry facing the brunt of that activity.
    Those are just a couple of findings from the 2016 Global Enforcement Report (GER) conducted by anti-bribery...
    Recent News Feed 3/14/2017 Read More
    Heydar Aliyev Prospekti, a broad avenue in Baku, the capital of Azerbaijan, connects the airport to the city. The road is meant to highlight Baku’s recent modernization, and it is lined with sleek new buildings. The Heydar Aliyev Center, an undulating wave of concrete...
    Recent News Feed 3/13/2017 Read More
    The Foreign Corrupt Practices Act is the jewel in the crown of America’s fight against international business bribes and corporate favors. Intended to promote American business and foreign-policy ideals around the world, and give US companies a tool to battle...
    Recent News Feed 3/13/2017 Read More
    Frauen spielen an der Spitze von Sportorganisationen allenfalls eine kleine Rolle. Dabei würde ihre Präsenz den Verbänden mehr als gut tun, sagt Alexandra Wrage von Trace International. Allerdings aus anderen Gründen als man denkt.
    To read the full...
    Recent News Feed 3/7/2017 Read More
    TRACE International has published its latest review of global anti-corruption enforcement, touting a dramatic increase in enforcement last year, led by U.S. authorities.
    Enforcement activity essentially doubled last year, according to the organization’s annual...
    Recent News Feed 3/3/2017 Read More
    Known as an attractive manufacturing hub for labour-intensive and less capital-intensive industries, Vietnam provides trade and investment opportunities for Canadian companies in several sectors including aerospace, agriculture and agri-food, construction and...
    Recent News Feed 3/2/2017 Read More
    Donald Trump has reiterated his promise to reform banking regulation in a meeting with 50 business leaders in Washington this week.Trump told a room of top execs that he still plans to go ahead with overhauling Dodd-Frank – the act brought into existence during the...
    Recent News Feed 3/2/2017 Read More
    Global enforcement actions from bribery charges increased dramatically last year, according to a report released today by TRACE International, an anti-bribery organization.
    To read the full article, click here.
    Recent News Feed 3/2/2017 Read More
    The U.K.’s Serious Fraud Office is reluctant to provide information to investigators in […]
    To read the full article, click here.
    Recent News Feed 3/2/2017 Read More
    A new report by TRACE International finds that enforcement actions against bribing government officials are rising globally. In its 2016 Global Enforcement Report, the anti-bribery organization observes a doubling in US enforcements last year and non-US actions doubled...
    Recent News Feed 3/2/2017 Read More
    TRACE’s annualGlobal Enforcement Report(GER) provides graphic and textual analyses of all known enforcement events (including investigations as well as enforcement actions*) since the first bribery cases were prosecuted in the United States following the enactment of...
    Recent News Feed 3/2/2017 Read More
    There was a sharp rise in both US and non-US foreign bribery enforcement actions in 2016, according to a newly released report by Trace International.
    To read the full article, click here.
    Recent News Feed 3/2/2017 Read More