Rwanda
Name of law: Law No. 04/2013 Relating to Access to Information
First adopted: 2013
Last modified: 2013-09
RTI Rating last updated: 2016-09
First adopted: 2013
Last modified: 2013-09
RTI Rating last updated: 2016-09
Introduction
Due to strong performances in several key categories, Rwanda’s law rates slightly above the global average. The framework has a comprehensive scope the applies to all three branches of government, as the RTI law obtained a perfect rating for that category. This is supplemented by its mostly compliant exceptions regime, which, although not harm-tested, has a mandatory public interest override. Additionally, the law features clear time requirements that are relatively short and adequately govern the discourse between public authority and requester. That being said, there are areas for further improvement, including its weak sanctioning system and underdeveloped promotional regime. A notable weakness of the law is its purely recommendary external reconsideration mechanism, which is in the form of a general ombudsman.
The law is also available in its Swahili and French original here.
Local Expert: Fredrick Hendrick Karanganwa
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 2 | 6 |
| 2 | Scope | 30 | 30 |
| 3 | Requesting Procedures | 19 | 30 |
| 4 | Exceptions & Refusal | 21 | 30 |
| 5 | Appeals | 10 | 30 |
| 6 | Sanctions & Protections | 1 | 8 |
| 7 | Promotional Measures | 3 | 16 |
| ∑ = 86 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | Partially | 1 | Article 38: Freedom of press, of expression and of access to information are recognised and guaranteed by the State. Freedom of expression and freedom of access to information shall not prejudice public order, good morals, the protection of the youth and children, the right of every citizen to honour and dignity and protection of personal and family privacy. Conditions for exercising and respect for these freedoms are determined by law. | Not entirely clear that this is a right to access public information but seems to be so one point given. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | NO | 0 | Reg Article 10: When the level of classified information is doubtful, it shall be handled as restricted unless determined by a competent authority. MINISTERIAL ORDER No. 005/07.01/13 establishes that information is restricted by default | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | Article 6: A public organ or a private body to which this Law applies shall disclose information where the public interest in disclosure outweighs the interest of not disclosing such information. In considering what constitutes the public interest, particular emphasis shall be put on the following: (1) to promote in public and private organs to which this Law applies the culture of informing the public about their activities; (2) to ensure that the expenditure of public funds is subject to effective management and oversight; (3) to promote founded public debate; (4) to keep the public regularly and adequately informed about the existence of any danger to public health or safety or to the environment; (5) to ensure that any public authority with regulatory mission properly discharges its functions. | Not where you'd expect it, but Art 6 kind of emphasizes the benefits of the right to information. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | Article 9: Information shall be requested by an individual or a group of persons in any of the official languages provided for by the Constitution of the Republic of Rwanda verbally, in writing, by telephone, internet or any other means of communication without prejudice to the provisions of this Law. The person applying for information shall determine the means in which he/she wants to obtain information. However, if the means chosen for obtaining the information requested exceeds the capacity of the requested organ, the applicant shall bear the cost. | Art 9 - definitely applies to legal entities. No mention of any citizenship requirement. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 3: Every person has the right of access to information in possession of a public organ and some private bodies. The right of access to information includes the following: (1) assessing activities, documents or records; (2) taking notes, documents, extracts or copies of official documents or records; (3) taking documents or extracts of notified copies; (4) obtaining information stored in any electronic form or through print-outs copies of information stored in a computer or in any other device. | Article 3 applies to right to any material in possession of a public authority. Broad definitions and no mention of any limitations. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | Article 2(1): information: facts, things intended to be done, speeches held in reports, documents to be published, pictures, mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, papers, samples, and any other material of public interests held in any form by a public organ and certain organs of private bodies. Article 3: Every person has the right of access to information in possession of a public organ and some private bodies. The right of access to information includes the following: (1) assessing activities, documents or records; (2) taking notes, documents, extracts or copies of official documents or records; (3) taking documents or extracts of notified copies; (4) obtaining information stored in any electronic form or through print-outs copies of information stored in a computer or in any other device. | |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2(5): public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law. | Article 2(5) - administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law; |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | Article 2(5): public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law. | Article 2(5) - administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law; |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Article 2(5): public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law. | Article 2(5) - administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law; |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 2(5): public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law. | Article 2(5) - administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law; |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 2(5): public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law. | Article 2(5) - administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law; |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Article 2(4): private body: a body that is not a public organ but that carries any business in relation to public interest, or to rights and freedoms of people. Article 2(5): public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law. Article 13: Private organs to which this Law applies are those whose activities are in connection with public interest, human rights and freedoms. A Ministerial Order shall determine private organs to which this Law applies. | Article 2(4) - public function. Article 2(5) - any organ that receives public money. See also Art 13. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | Partially | 1 | Article 9: Information shall be requested by an individual or a group of persons in any of the official languages provided for by the Constitution of the Republic of Rwanda verbally, in writing, by telephone, internet or any other means of communication without prejudice to the provisions of this Law. The person applying for information shall determine the means in which he/she wants to obtain information. However, if the means chosen for obtaining the information requested exceeds the capacity of the requested organ, the applicant shall bear the cost. | Reasons are not mentioned. As the law is not clear about what is to be included in a request, this is not very clear, but some benefit of the doubt given. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | NO | 0 | Not mentioned. | |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | Article 9: Information shall be requested by an individual or a group of persons in any of the official languages provided for by the Constitution of the Republic of Rwanda verbally, in writing, by telephone, internet or any other means of communication without prejudice to the provisions of this Law. The person applying for information shall determine the means in which he/she wants to obtain information. However, if the means chosen for obtaining the information requested exceeds the capacity of the requested organ, the applicant shall bear the cost. | Art 9 - any language of Rwanda, any means of communication. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | NO | 0 | Not mentioned. | |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | Not mentioned. | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | Partially | 1 | Not mentioned, but this is inherent in the legal system and in practice. | |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | MINISTERIAL ORDER No 007/07.01/13 OF 27/12/2013: Article 4: An information officer shall, not later than two (2) days from the date of receipt of an information request, transfer the request or any relevant part of it, to another organ if the information requested is not held by or under the control of the organ for which he/she is an information officer, but is held by or under the control of that other organ. Where the request is transferred as provided for in Paragraph One of this Article, an information officer shall forthwith, but in any event no later than four (4) days from the date of receipt of the application, inform the applicant about the transfer and the address of the organ to which the application has been transferred. An organ, to which the application was transferred according to the Paragraph 2 of this Article, shall make a decision on the application within seven (7) days from the date the application was made. When the time limit is not respected, it shall be considered as not provided. | |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | Article 9: Information shall be requested by an individual or a group of persons in any of the official languages provided for by the Constitution of the Republic of Rwanda verbally, in writing, by telephone, internet or any other means of communication without prejudice to the provisions of this Law. The person applying for information shall determine the means in which he/she wants to obtain information. However, if the means chosen for obtaining the information requested exceeds the capacity of the requested organ, the applicant shall bear the cost. | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | MINISTERIAL ORDER No 007/07.01/13 OF 27/12/2013: Article 2: An information officer shall make a decision on a request for information as soon as possible. However, the time limit shall not exceed three working (3) days from the date of receipt of the application. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | MINISTERIAL ORDER No 007/07.01/13 OF 27/12/2013: Article 2: An information officer shall make a decision on arequest for information as soon as possible. However, the time limit shall not exceed three working (3) days from the date of receipt of the application. | |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | MINISTERIAL ORDER No 007/07.01/13 OF 27/12/2013: Article 2: Without prejudice to Paragraph One of this Article, where an application, other than an application that concerns the life or liberty of a person, is especially complex or relates to a large volume of information, an information officer may request the Office of the Ombudsman for an extension of time of no more than fourteen (14) working days. | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | Article 10: The provision of information is an obligation without fee. However, depending on the means for providing the information, charges for making copies or sending information may be charged to the applicant. A Ministerial Order shall determine the procedure thereof. | |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | YES | 2 | Article 10: The provision of information is an obligation without fee. However, depending on the means for providing the information, charges for making copies or sending information may be charged to the applicant. A Ministerial Order shall determine the procedure thereof. | |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | YES | 2 | MINISTERIAL ORDER No. 008/07.01/13 OF 19/12/2013: Article 3: However, a public or a private organ required to provide information shall not charge fees as provided for in Paragraph One of this Article if: (1) an applicant is in category of poor people and has a certificate thereof issued by competent authorities; (2) the information were not given in the time limit as provided for by laws; (3) the disclosure of the information is in the public interest; (4) the cost of collecting the fee exceeds the amount of the normal fee itself; (5) payment of the fee can cause financial hardship to the applicant; For the public organs, those charges shall be paid in the Rwanda Revenue Authority. | |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Article 2(2): access to information: to request, receive, look at, understand, peruse, take a sample of, copy and use information in a way that is not contrary to the Law. | Article 2(2) - can only be used in ways not contrary to the law |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | Article 19: All prior legal provisions contrary to this Law are hereby repealed. | Art 19 overrules any contrary legislation |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | Article 4: Without prejudice to the provisions of Article 3 of this Law, information withheld by a public organ or private body to which this Law applies shall not be published when it may: (1) destabilize national security; (2) impede the enforcement of Law or justice; (3) involve interference in the privacy of an individual when it is not of public interest; (4) violate the legitimate protection of trade secrets or other intellectual property rights protected by the Law; (5) obstruct actual or contemplated legal proceedings against the management of public organ. If the request for information relates to record containing information in two (2) parts one part being not allowed to be published and the other part contains information that can be published as provided by this Law, the requesting person shall be provided with information allowed to be published. Article 5: Without prejudice to the provisions of Article 4 of this Law, the Minister, in consultation with the concerned organs, shall issue an Order determining which information could destabilize national security. MINISTERIAL ORDER No. 005/07.01/13, Article 9(3): information which, if disclosed, may demoralize the citizens. | Art 4. However the regulations expand on these categories considerably. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 1 | MINISTERIAL ORDER No. 005/07.01/13: Article 2(5): National Security: protection, against internal and external threats, of national defence, national foreign relations and protection of national vital interests pertaining inter alia to national economy and national institutions of governance. Article 6(4): Restricted including such material that would cause undesirable and limited effects to national security. Article 7(3): it is contained in highly important documents on policies relating to international relations, agreements, conventions and all discussions and studies therewith; Article 9(1): any documents relating to an administrative or criminal investigation, classified tenders, unless the disclosure of the content thereof is permissible by competent authority. | Art 4., but the definition of "national security" in the accompanying regulations is not fully harm tested, and in fact crosses over into international relations and law enforcement, resulting in the loss of three points. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Article 6: A public organ or a private body to which this Law applies shall disclose information where the public interest in disclosure outweighs the interest of not disclosing such information.In considering what constitutes the public interest, particular emphasis shall be put on the following: (1) to promote in public and private organs to which this Law applies the culture of informing the public about their activities; (2) to ensure that the expenditure of public funds is subject to effective management and oversight; (3) to promote founded public debate; (4) to keep the public regularly and adequately informed about the existence of any danger to public health or safety or to the environment; (5) to ensure that any public authority with regulatory mission properly discharges its functions. | |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | MINISTERIAL ORDER No. 005/07.01/13: Article 17: Information classified as "Top Secret, secret, confidential and restricted" shall be deemed classified respectively as follows: (1) Top Secret after a period of twenty five (25) years, (2) Secret after a period of twenty (20) years; (3) Confidential after a period of fifteen (15) years; (4) Restricted after a period of ten (10) years. However, the periods referred to in Paragraph One of this Article could be extended or reduced by competent classifying authorities. Classified information shall be automatically declassified upon the expiration of period referred to in Paragraph One of this Article unless these periods are extended or reduced by competent authorities. | The regulations mention this, but provide for indefinite extensions. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned. | |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | Article 4: Without prejudice to the provisions of Article 3 of this Law, information withheld by a public organ or private body to which this Law applies shall not be published when it may: (1) destabilize national security; (2) impede the enforcement of Law or justice; (3) involve interference in the privacy of an individual when it is not of public interest; (4) violate the legitimate protection of trade secrets or other intellectual property rights protected by the Law; (5) obstruct actual or contemplated legal proceedings against the management of public organ. If the request for information relates to record containing information in two (2) parts one part being not allowed to be published and the other part contains information that can be published as provided by this Law, the requesting person shall be provided with information allowed to be published. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | Partially | 1 | Article 11: The information officer, to whom the information is requested, shall take decision according to priorities. When the request of information is not accepted, explanations based on the Law shall be provided. A Ministerial Order shall determine the time limit for the provision of information or explanations of not providing it. | Article 11 - requirement for explanation of reasons. |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | A mechanism for general administrative complaints is provided under Rwanda\'s administrative procedure law. | |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | Article 17: The Office of the Ombudsman shall particularly monitor the enforcement of this Law. | Art 17 of the RTI law says Ombudsman has oversight, and their mandate includes hearing complaints from the public, but their mandate is too broad and vague and their specific role in resolving information disputes is too unclear to warrant full points here. |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | Partially | 1 | N/A | Appointment procedure fits the bill - proposed by the gov't and elected by the senate. But LAW N° 17/2005 OF 18/08/2005 allows the Ombudsman to be dismissed "if it is clear that he or she is no longer honest, or no longer has commitment, wisdom, analysis and capacity on which his or her election was based at the time of his or her approval." This decision is in the hands of the Senate - but still problematic. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | Article 3.13 of Law 17/2005: to submit annually its plan of action and activity report to the President of the Republic and the parliament and reserve copies to other state organs mentioned in Article 23 of Law No. 25/2003 of 15/08/2003 establishing the organization and functioning of the Office of the Ombudsman. Article 14 of Law 17/2005: Article 29 of Law No. 25/2003 of 15/08/2003 establishing the organisation and functioning of the Office of the Ombudsman is modified and complemented as follows: The office's running costs come from the state's budget. The office works out its own budget proposal which is explained by the Office of the President of the Republic. The implementation of the budget of the office is monitored as provided for by the law. | Article 3 of LAW No. 17/2005 OF 18/08/2005 says the Ombudsman reports to President and to Parliament. According to Art 14, its budget comes from the President. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | Not mentioned. | |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | N/A | Article 19 of LAW N° 23/2003 empowers the Ombudsman to inspect any document, Article 20 allows them to search any place. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | No - the Ombudsman only makes recommendations. | |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | The ombudsman has no such powers. | |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Law alludes to this, but this needs to be confirmed. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | Not mentioned, but it is unlikely that this complaints mechanism costs money or requires a lawyer. | |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | There don't seem to be any limits to what kind of complaints the Ombudsman can hear, but the fuzziness around whether it's a proper oversight body precludes awarding points here. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | Not mentioned. | |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | Not mentioned. | |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | Partially | 1 | MINISTERIAL ORDER No. 005/07.01/13: Article 13: Unless proved for otherwise by a competent authority, no information officer shall be punished for failure to provide access to classified information or whose classification is in doubt. Penal Code, Article 590: Any person who has the obligation to provide information who: (1) delays to give information without good cause, (2) knowingly gives incorrect, incomplete or misleading information; shall be liable to a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs. Article 591: Penalty for refusal to provide information or illegal withholding of Information: Any person who intentionally and without justification fails to provide information or illegally withholds information for the purpose of concealing this information, shall be liable to a term of imprisonment of one (1) month but less than six (6) months and a fine of two hundred thousand (200, 000) to one million (1,000,000) Rwandan francs or one of these penalties. | These provisions seem to conflict, so 1 point awarded. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned. | |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | Partially | 0 | Article 18: Prohibited acts: The following acts shall be prohibited: voluntarily revelation of a State secret and accessing to a State secret with a view to reveal it;.. (5) spreading false information with intent to create a hostile international opinion against the Rwandan State; | Art 16 provides a limited protection here, but the regulations nullify this with explicit prohibitions. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 8: A public organ shall appoint or designate an information officer for that organ and its branch, if there is any, to enable it to provide information to persons requesting for it in accordance with this Law. If the officer in charge of information is absent, the organ or its branch shall designate someone a substitute. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | Partially | 1 | N/A | The Ombudsman has some promotional mandate though this point is being a bit generous given their broad mandate. |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Article 23 of LAW N° 23/2003 requires the Ombudsman to report every year on its activities, but this isn't specifically about RTI. |
