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Rwanda

In law
28
In practice
41

In Rwanda, there is direct public funding, both in law and in practice, for parties and candidates. Funds are disbursed after campaigns. No indirect funding is provided. Non-financial state resources are often abused. With the exception of a ban on contributions from foreign sources to political parties, contributions and expenditure are not restricted in the least. In the absence of contribution limits, parties are funded by their members and the business ventures they control. Reporting requirements in Rwanda are very light: the only requirement articulated in law is that parties must submit financial reports on an annual basis. Only contributions over more than one million Rwandan francs have be included in the reports. Further, no reporting during campaigns is necessary, and candidates do not have to report at all. This means that, in practice, very little meaningful political finance data is reported, and even less is easily available to the public, which can only access submitted reports by request. Interestingly, there were no documented cases of political finance violations during the 2010 and 2013 elections. This is explained by the fact that, in a largely unregulated political finance regime, breaking the law is nigh on impossible. Third party actors are not regulated in Rwanda. The Office of the Ombudsman is responsible for oversight of political finance issues. Appointees, in practice, are not chosen in public, merit-based processes, and the independence of Ombudsmen is not guaranteed. Nevertheless, the office carried out at least 16 investigations into political finance during the 2010 and 2013 elections, though it released no information on the results of those audits. It has limited power to impose sanctions, but its edicts are complied with when they are issued. In general, Rwanda's political finance regulatory framework is very weak. Few laws address the issue, and despite the power of the Ombudsman, little practical enforcement occurs.

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    Direct and Indirect Public Funding

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      Direct Public Funding
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        1
        Score
        YES
        In law, there is direct public funding for electoral campaigns.More about indicator

        According to Law No. 16/2003, Article 27, during an electoral year, the government shall, in its budget, provide grants to political organizations and independent candidates for their campaigns. Political organizations and independent candidates shall receive an equal amount of money. However, the grant is only given to political organizations and independent candidates who have obtained at least 5% of the electoral votes. The money is disbursed after elections.

        The law applies to all types of national-level elections including presidential elections and elections to the Chamber of Deputies.

        Scoring Criteria

        A YES score is earned where there is direct public funding for both political parties and individual candidates to campaign. A 100 also applies where only one of the two actors can be elected and, therefore, only one is entitled to direct public funding.

        A MODERATE score is earned where per law only one of the two actors (either political parties or individual candidates) is allocated direct public funding to campaign, even though both can be elected.

        A NO score is earned where no such law exists.

        Sources

        Source 1: Organic Law No. 16/2003 of 27/06/2003 Governing Political Parties and Politicians, Chapter 4, Article 27. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=8650&iid=1448&rid=30694894

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        2
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        YES
        In law, there is a transparent and equitable mechanism to determine direct public funding for electoral campaigns.More about indicator

        According to Law No. 16/2003, Article 27, the transparent and equitable mechanism to determine direct public funding for electoral campaigns is ensured. During an electoral year, all money is distributed equally from the national budget and clear eligibility criteria are in place--equal amounts are disbursed to all parties and candidates that receive more than 5% of the national vote.

        Scoring Criteria

        A YES score is earned where: 1) direct public funding for political parties and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where direct public funding for political party and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources

        Source 1: Organic Law No. 16/2003 of 27/06/2003 Governing Political Parties and Politicians, Chapter 4, Article 27. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=8650&iid=1448&rid=30694894

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        3
        Score
        100
        In practice, to what extent is the mechanism to determine direct public funding for electoral campaigns transparent, equitable and consistently applied?More about indicator

        According to sources, electoral campaign allocations are always decided by way of a clearly defined transparent and equitable calculation mechanism. During an electoral year, allocations are clearly stated in the national budget and parties or candidates that obtained 5% of the popular vote receive the funding in accordance with the law. Allocations are always defined through the mechanism established in law, and the eligibilty criteria are consistently applied.

        Scoring Criteria

        A 100 score is earned where: 1) electoral campaigns allocations are always defined through a clearly defined transparent and equitable calculation mechanism, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) electoral campaign allocations are usually defined through a clearly defined transparent and equitable calculation mechanism but exceptions exist, or 2) the eligibility criteria are usually applied but exceptions exist.

        A 0 score is earned where: 1) political campaign allocations are rarely or never defined through a clearly defined transparent and equitable calculation mechanism, or 2) the defined eligibility criteria are rarely applied.

        Sources

        Source 1: Marie Immaculee Ingabire, Chairperson, Transparency International- Rwanda , interviewed, 25 July 2014, in Kigali.

        Source 2: Dan Ngabonziza, Senior Journalist, Kigali Today, interviewed, 26 July 2014, in Kigali.

        Source 3: Jean-Népomucène Mugengangabo, Commercial Lawyer at Bona Fide Law Chambers Advocate, interviewed, 29 July 2014, in Kigali.

        Source 4: Ostin Arinayitwe, "Rwanda Parliamentary elections to cost Rwf50 billion," The Independent Magazine, March, 29, 2013. http://www.independent.co.ug/rwanda-ed/rwanda/7614-rwanda-parliamentary-elections-to-cost-rwf5bn

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        4
        Score
        100
        In practice, to what extent does the entity in charge of public funding make disbursement information publicly available?More about indicator

        Disbursements of public funding to political parties and individual candidates during elections are published in the national budget and by the National Electoral Commission and this can be got as a hard copy. Information on the disbursements is published less than a month after disbursement but it's not available on the internet. It's only available in the form of a hard copy (budget speech) at photocopying cost (this cost ranges between RWF5000-RWF10,000 or US$7-US$14).

        Scoring Criteria

        A 100 score is earned where: 1) complete information on the disbursements is published less than a month after disbursement, and 2) the information is available on the Internet for free or in hard copy at photocopying cost.

        A 50 score is earned where: 1) the information published is incomplete or published more than two months after disbursement, or 2) obtaining the information costs more than photocopying.

        A 0 score is earned where: 1) disbursement information is published more than four months after disbursement, or 2) no disbursement information is published or released upon request.

        Sources

        Source 1: Frank Habineza, President, Democratic Green Party (opposition), interviewed 27 July 2014, in Kigali.

        Source 2: Espérance Mukamana, Commissioner, National Electoral Commission in Parliament, interviewed 30 July 2014, in Kigali.

        Source 3: Joseph Mwenedata, Political campaign official, interviewed 30 July 2014, Rwamagana, Eastern Province.

        Source 4: Nasra Bishumba, "Rwf 200 million shortfall in election budget - NEC," The NewTimes, 6 July, 2010. http://www.newtimes.co.rw/news/index.php?i=14313&a=31039

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      Indirect Public Funding
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        5
        Score
        NO
        In law, use of state resources in favor of or against political parties and individual candidates is prohibited.More about indicator

        According to Law No. 03/2010, Article 30, no government assets shall be used in the activities or interests of political organizations unless the law so provides. The law states, "it is prohibited to influence or attempt to influence voter's choice through the...illegal use of State property wherever it is." However, no definition exists as to what "illegal use of State property" means. TOther legislation also fails to further explain the issue. Consequently, no such law exists.

        Scoring Criteria

        A YES score is earned where there is an explicit ban on the use of state resources in favor of or against political parties and individual candidates. A YES is also earned where there are clearly defined exceptions, which are accessible to all actors equally.

        A MODERATE score is earned where an explicit ban exists but it only applies to one of the two actors, even though both can be elected. A NO score is earned where no such law exists.

        A NO score is also earned where the law exists, but allows discretionary exceptions.

        Sources

        Source 1: Organic Law No. 03/2010 Governing Presidential and Legislative Elections, Amended. Articles 30, 36. http://www.nec.gov.rw/uploads/media/Itegekorigengaamatora.pdf

        Source 2: Organic Law No. 16/2003 of 27/6/2003 Governing Political Parties and Politicians. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=8650&iid=1448&rid=30694894

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        6
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        25
        In practice, to what extent are no state resources used in favor of or against political parties and individual candidates' electoral campaigns?More about indicator

        Adherence to the law is not strict. The ruling party, the Rwandan Patriotic Front, effectively turns government structures into party structures during elections. The ruling party mobilizes the army, national police, and district and sector leaders to act in its interests, as happened during the recent presidential campaign of 2010. Government leaders use public vehicles and offices to campaign for the ruling party. In the 2013 parliamentary elections, for example, sources report that James Musoni, current minister of infrastracture, used his vehicle (government vehicle) to campaign for candidates from his party- RPF.

        Scoring Criteria

        A 100 score is earned where there is no evidence of authorities using state resources in favor of or against political parties and individual candidates. A 100 is also earned where there are clearly defined exceptions and are equally accessible to all actors.

        A 50 score is earned where: 1) documented evidence indicates occasional use of state resources in favor of or against political parties and individual candidates, or 2) clearly defined exceptions are not equally accessible to all actors.

        A 0 score is earned where documented evidence indicates regular use of state resources in favor of or against certain political parties and individual candidates.

        Sources

        Source 1: Jean-Baptiste Rucibigango, a Rwandan politician and president of the Rwanda Socialist Labour Party (PSR), interviewed 28 July 2014, Kigali.

        Source 2: John Kimanuka, Private Lawyer, interviewed 27 July 2014, in Bugesera Eastern Province.

        Source 3: James Tasamba, Senior Journalist, New Times, interviewed 30 July 2014, Kigali.

        Source 4: Eugène Kwibuka, "NEC Meets Parliamentary Hopefuls," 17 April 2012. http://www.newtimes.co.rw/news/index.php?i=14965&a=9020.

        Source 5: Edwin Musoni, "Don't Use Public Funds in Campaigns - NEC," The New Times, 12 August, 2013.
        http://www.newtimes.co.rw/news/views/article_print.php?i=14891&a=8997&icon=Print

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        7
        Score
        NO
        In law, political parties and individual candidates have free or subsidized access to equitable air time for electoral campaigns?More about indicator

        According to Law No. 03/2013 of 23/07/2013, all partisan or individual candidates who are cleared by the National Electoral Commission to run for public office have a right to access equal air time for campaigns in the case of public media. State-owned media are mandated to give candidates equal airtime to air their views to the electorate through a time table that informs when and at what time a particular candidate will be hosted in the case of TV or radio.

        Article 67 states, "equal access to state media is guaranteed to all independent candidates, political organisations, and coalitions of political organisations in competition." No mention is made, however, of free or subsidized rates.

        Scoring Criteria

        A YES score is earned where: 1) free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources

        Source 1: Law No. 03/2013 of 23/07/2013, Article 67, Paragraph 2, September 2013 on National Electoral Commission Regulating Elections. http://www.nec.gov.rw/uploads/media/Itegekorigengaamatora.pdf

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        8
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        50
        In practice, to what extent is free or subsidized access to air time provided in a transparent, equitable way to political parties and individual candidates for electoral campaigns?More about indicator

        Not applicable. No free/subsidized access to media advertising is provided by law in Rwanda.

        However, in practice, political parties and individual candidates have equitable access to state-owned media outlets. The Media High Council and the National Electoral Commission ensure that equal access and fair treatment of election contestants is provided by all state-owned media outlets, including all electronic and print media. This obligation extends to news reports, editorial content, and all other content.

        All parties and candidates are offered consistent and equivalent rates for campaign advertising on state-owned media outlets. However, there instances where journalists hosting candidates on TV or radio give contestants from the ruling party more airtime despite the Media High Council directing public media houses to accord equal coverage to all candidates during the last presidential elections in 2010. For example, sources report that, in 2010, the Vice Chairman of the ruling party RPF- Christopher Bazivamu was allotted more airtime than his colleagues from other parties. They were being hosted by governmentTV -TVrwanda to explain to the audience what thier respective candidates intend to do for the people once in power. Also, the electioneering period is one month, during which opposition candidates cannot articulate all their programs to the electorate. Opposition parties are also cash-strapped and would be unable to sponsor advertisements, even if the public media were to allow them.

        Scoring Criteria

        A 100 score is earned where: 1) free or subsidized access to media advertising is always provided in a transparent and equitable way, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) free or subsidized access to media advertising is usually provided in a transparent and equitable way, but exceptions exist, or 2) the eligibility criteria are not always applied.

        A 0 score is earned where: 1) there's rarely free or subsidized access to air time for political campaign, and 2) access exists but is not provided in a transparent, equitable way.

        Sources

        Source 1: Patrick Bigabo, political expert, interviewed on 29 July 2014, Ruhengeri, Northern Province.

        Source 2: Arthur Asiimwe, Head of Rwanda Broadcasting Agency, interviewed 28 July 2014, Kigali.

        Source 3: "Mixed Reactions on MHC Report," New Times, 2010. http://www.newtimes.co.rw/news/views/article_print.php?i=15119&a=9830.

        Source 4: Report by the Media High Council on Election Coverage. www.mhc.gov.rw.

        Source 5: MHC Preliminary Report on Public Media Airtime and Space Allocation to Candidates in September 2011 Senatorial Elections in Rwanda. http://mhc.gov.rw/fileadmin/templates/PdfDocuments/ReportsandPublications/ReportsonElections/MEDIACOVERAGE-2011SENARORIAL_ELECTIONS.pdf

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    Contribution and Expenditure Restrictions

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      General Rules on Electoral Campaign Contributions
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        9
        Score
        NO
        In law, cash contributions are banned.More about indicator

        Legally, cash donations are not banned. There are no provisions in the law banning cash contributions. In accordance with the legal principle which states that what is not prohibited is allowed, cash contributions during elections are not banned. However, receiving illegal funds (money obtained illegally or from illegal activities, etc) is prohibited. Political parties or individual candidates can give money in the form of cash to their members to mobilize on their behalf.

        Scoring Criteria

        A YES score is earned where cash contributions are banned and all financial contributions must be made via the banking system.

        A MODERATE score is earned where cash contributions are allowed up to a maximum limit, regardless of the limit.

        A NO score is earned where no such law exists.

        Sources

        No such law exists.

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        10
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        NO
        In law, there is a ban on anonymous contributions.More about indicator

        According to Law No. 16/2003, Articles 22 and 23, all contributions above a certain amount to political parties and individual candidates during campaigns must be made public. It does not matter whether contributions are going to individual candidates. Individual candidates are subjected to the same law, since they are running for a public office and their donations must be recorded. The law states that within thirty (30) days of receipt, a statement for donations with a value of at least one million Rwandan francs ($1451) shall be presented to the minister having political organizations in his or her attributions. The statement shall indicate the names of the donors and the nature and value of the donation. A copy of the statement shall be given to the Ombudsman and the Consultative Forum of Political Organizations.

        Donations under the amount of one million francs need not be reported, and can remain anonymous.

        Scoring Criteria

        A YES score is earned where the law stipulates that anonymous contributions are banned.

        A MODERATE score is earned where the ban exists, but it applies only to one actor (whether political parties or individual candidates). A MODERATE score is also earned where small anonymous donations are allowed up to a maximum threshold equal to or less than the equivalent to US$300.

        A NO score is earned where no such law exists.

        Sources

        Source 1: Organic Law No. 16/2003 Governing Political Parties and Politicians, Chapter 4, Articles 22 and 23. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=8650&iid=1448&rid=30694894

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        11
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        NO
        In law, in-kind donations to political parties and individual candidates must be reported.More about indicator

        Political parties or individual candidates can receive in-kind donations from their members and friends, and this may be done in secret as there is no law requiring that such contributions be reported. While there is no such law barring in-kind donations, it is prohibited and punishable by the law to give a political organization or politicians contributions, donations and legacies that are likely to undermine national independence and sovereignty. Political Parties always encourage their members to contribute funds/ in-kind donations to advance the parties projects and strengthen parties' programmes.

        Scoring Criteria

        A YES score is earned where all in-kind donations must be reported to the oversight authority.

        A MODERATE score is also earned if the requirement to report such information exists, but applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        No such law exists.

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        12
        Score
        NO
        In law, loans to political parties and individual candidates must be reported.More about indicator

        Political organizations or individual candidates can receive loans to help run their activities from banks as long as they have security. But if the donation or loans in cash form exceed one million Rwandan francs ($1451), this must be declared within thirty (30) days to the appropriate government minister. Loans under this amount do not need to be reported.

        Scoring Criteria

        A YES score is earned where all loans must be reported to the oversight authority.

        A MODERATE score is earned where loans must be reported, but the requirement applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Organic Law No. 16/2003 of 27 June 2003, Governing Political Organizations, Chapter 4, Article 22. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=8650&iid=1448&rid=30694894

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      Limits on Contributions and Expenditures during Electoral Campaign Periods
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        13
        Score
        NO
        In law, contributions from individuals are limited to a maximum amount.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where: 1) individuals may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where individuals are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources

        No such law exists.

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        14
        Score
        NO
        In law, contributions from corporations are limited to a maximum amount.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where: 1) corporations may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount or ban exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where corporations are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources

        No such law exists.

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        15
        Score
        MODERATE
        In law, contributions from foreign sources are banned.More about indicator

        According to Law No. 16/2003, Article 22, political organizations shall not be allowed to receive donations or legacies from foreigners, trading companies, industries or other institutions belonging to foreigners or in which foreigners have shares. Foreign donations to political parties are banned as they are construed as a means of undermining national independence and the sovereignty of the country.

        No mention is made of foreign contributions to candidates or independent politicians.

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to receive contributions (financial or in-kind) from foreign sources.

        A MODERATE score is earned where: 1) the ban exists but it applies only to one actor (whether political parties or individual candidates), or 2) contributions from foreign sources are allowed to a maximum amount.

        A NO score is earned where no such law exists.

        Sources

        Source 1: Organic Law No. 16/2003, Governing Political Organizations and Politicians, Chapter 4, Article 22. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=8650&iid=1448&rid=30694894

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        16
        Score
        NO
        In law, contributions from third-party actors (unions, foundations, think tanks, political action committees, etc.) are limited to a maximum amount or banned.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where: 1) third-party actors may not contribute more than a maximum amount established by the law, or 2) are forbidden from making any contribution.

        A MODERATE score is earned where: 1) the maximum amount or ban exists only for the majority of third-party actors, but not all, or 2) the maximum amount or ban exists, but applies only to contributions for either political parties or individual candidates.

        A NO score is earned where no such law exists.

        Sources

        No such law exists.

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        17
        Score
        NO
        In law, election campaign spending by political parties and individual candidates is limited to a maximum amount.More about indicator

        No such law exists. Campaign spending by parties and candidates is not limited to a maximum amount--they can spend as much as they're able.

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to spend more than a certain amount in a political campaign.

        A MODERATE score is earned where the maximum amount exists, but it applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        No such law exists.

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        18
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        Open Question: Do the national laws regulating political finance also apply to sub-national units? If not, to what extent do sub-national units have laws regulating political finance?More about indicator

        The country has five provinces, including the City of Kigali, but during the electoral period all elections at all levels are guided by the national laws. The national laws regulating political finance also apply to sub-national units. All provinces follow the national calendar for elections, and during the electoral period, the National Electoral Commission organizes elections at the district and provincial levels. Sources are unaware of any gaps in the regulatory framework.

        Scoring Criteria

        Please describe the applicability of national political finance regulations at the sub-national level, being sure to answer: 1) whether national laws are applicable to sub-national campaigns; 2) if not, to what extent do sub-national units have similar laws regulating political finance; and 3) whether there are any reports of problems arising from gaps in this framework.

        Sources

        Source 1: Sylvère Bugingo, political expert, interviewed 21 July 2014, Kigali.

        Source 2: Fred Ndoli, senior journalist, independent magazine, interviewed 22 July 2014, Kigali.

        Source 3: Fred Muvunyi, head of the Rwanda Media Commission, interviewed 4 August 2014, Kigali.

        Source 4: Timonthy Ramba, political campaign official, interviewed 21 July, 2014 in Kigali.

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        19
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        --
        Open Question: What are the predominant sources of funding for electoral campaigns?More about indicator

        The predominant sources of funding for electoral campaigns are from within political parties. Public funds may play a role, but as they're distributed only after campaigns, their influence during campaigns is limited.

        Political parties are largely funded by party dues. Some also operate business ventures that supply additional revenue. For example, the ruling party owns a chain of businesses, Crystal ventures, and uses the proceeds from that chain to finance its activities.

        Candidates also self-finance to some extent.


        Peer reviewer comment: Agree - The ruling party finances its campaigns with private funds generated from its holdings in Crystal Ventures Limited (CVL).

        Scoring Criteria

        Please describe the important sources of funding for electoral campaigns, being sure to answer: 1) where does the preponderance of funding come from - public, individual, corporate, or other; 2) to what extent do individual candidates self-finance; and 3) do political parties have other methods of generating campaign funds, such as owning their own businesses or trusts.

        Sources

        Source 1: Frank Habineza, President, Democratic Green Party of Rwanda, interviewed 9 August 2014, Kigali.

        Source 2: Jean-Baptiste Rucibigango, head of the Rwandan Socialist Labour Party (PSR), interviewed 8 August 2014, Kigali.

        Source 3: Brain Kimenyi, Lawyer interviewed July, 31, 2014, in Kigali.

        Source 4 : Parliamentary elections: all parties confident of victory, Ostine Arinaitwe Gashugi, September 11th, 2013. http://focus.rw/wp/2013/09/parliamentary-elections-all-parties-confident-of-victory/

        Reviewer's sources: William Wallis, "Rwandan Patriotic Front: Party builds a formidable business group," 24 September, 2012. http://www.ft.com/intl/cms/s/0/7fcab78c-ff1b-11e1-a4be-00144feabdc0.html?siteedition=uk#axzz3KBmJJDSF

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        Open Question: Have there been documented instances of violations of contribution or expenditure limits or any of the laws mentioned above (Section 2)?More about indicator

        There are no limits on contribution or expenditure in Rwanda. There is no evidence that contributions circumvent the regulatory framework, as the only kind of contribution that is restricted are donations from foreign sources. There is no evidence to show, however, that candidates or party leaders have received money from foreign sources.

        Scoring Criteria

        Please list and describe all documented instances of: 1) violation of contribution limits, 2) violation of expenditure limits, and 3) financial contributions that circumvent the regulatory framework. The objective of this question is to learn more about the local context, so please explain the cases in as much detail as relevant.

        Sources

        Source 1: François Ngarambe, RPF Secretary General, interviewed 6 August 2014, Kigali.

        Source 2: Protais Mitali, Chairperson, Liberal Party (PL), interviewed 8 August 2014, Nyagatare, Eastern Province.

        Source 3: Dr Vincent Biruta, leader of the Social Democratic Party (PSD), interviewed 8 August 2014, Kigali.

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    Reporting and Public Disclosure

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    24
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      Reporting Requirements to the Oversight Entity
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        21
        Score
        NO
        In law, political parties and individual candidates report itemized contributions and expenditures both during and outside electoral campaign periods.More about indicator

        No such law exists.

        There are no reporting requirements for candidates, and parties must submit financial reports to the Ombudsman only on an annual basis. No specification regarding the itemization of conributions or expenditure exists.

        According to Law N°10/2013/OL of 11/07/201, Article 27, political organizations shall submit to the Office of the Ombudsman their books of accounts not later than 30 September of each fiscal year. A political organization shall always keep its books of accounts and carry out an inventory of movable and immovable assets, but no mention is made of itemization.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates are required to report itemized contributions and expenditures to the oversight authority, both during and outside electoral campaign periods.

        A MODERATE score is earned where: 1) the requirement applies for itemized contributions, but not for itemized expenditures, or 2) it applies only during the electoral campaign but not outside it. A MODERATE score is also earned where the requirement exists, but it only applies to one actor (whether political parties and individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Organic Law N° 10/2013/0L of 11/07/2013 Governing Political Organizations and Politicians. http://www.minaloc.gov.rw/fileadmin/documents/MinalocDocuments/LawN_10-2013-0LRBA.pdf

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        22
        Score
        NO
        In law, political parties and individual candidates are required to report their financial information on a monthly basis during the electoral campaign.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report monthly their financial information to the oversight authority during the electoral campaign.

        A MODERATE score is earned where the requirement exists on a quarterly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        No such law exists.

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        23
        Score
        MODERATE
        In law, political parties and individual candidates are required to report their financial information on a quarterly basis outside of electoral campaign periods.More about indicator

        By article 27 on the Governing of Poltiical Organizations and Politicians, parties must submit, by September 30 of each fiscal year, its books of account to the Office of the Ombudsman. Further," the Office of the Ombudsman shall each year and whenever necessary verify the accounts of political organizations, on its initiative or upon request by the authority in charge of the registration of political organizations. The Office of the Ombudsman shall submit a copy of the control of accounts to the authority in charge of registration of political organizations and the Senate." The authority mentioned is the National Electoral Commission.

        No reporting requirements exist for candidates.

        To implement the provisions of Paragraph 2 of this Article, the political organization under the verification shall give the Office of the Ombudsman all the evidence and explanations necessary for the audit of the accounts. This is done annually.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report quarterly their financial information to the oversight authority outside of electoral campaign periods.

        A MODERATE score is earned where the requirement exists on a yearly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Organic Law N° 10/2013/0L of 11/07/2013 Governing Political Organizations and Politicians, article 27. http://www.minaloc.gov.rw/fileadmin/documents/MinalocDocuments/LawN_10-2013-0LRBA.pdf

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        0
        In practice, to what extent do political parties and individual candidates report itemized financial information monthly?More about indicator

        Political parties never report itemized financial information monthly. This is done on 30 September of every year and it is a kind of formality since it is a legal requirement for them to account to the Office of the Ombudsman. No additional reporting occurs during electoral campaigns. The reporting frequency, in consequence, is less than quarterly.

        Scoring Criteria

        A 100 score is earned where: 1) political parties and individual candidates report on their financial information monthly, and 2) the reports include both itemized contributions and itemized expenditures.

        A 50 score is earned where: 1) the reports are occasionally general rather than itemized or don't contain all accounts, or 2) the reporting frequency is quarterly.

        A 0 score is earned where: 1) political parties and individual candidates rarely or never file reports, 2) the reports are filed but are rarely or never itemized or refer only to either contributions or expenditures, or 3) the reporting frequency is less than quarterly.

        Sources

        Source 1: Bernadette Kanzayire, Deputy Ombudsman in Charge of Preventing and Fighting Injustice, interviewed 2 August 2014, Kigali.

        Source 2: Anicet Kayigema, Political Party Forum Executive Secretary, interviewed 21 July 2014, Kigali.

        Source 3: Sliver Bugingo, political expert, interviewed on 20 July 2014, Rwamagana, Eastern Province.

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        In practice, to what extent do financial reports by political parties and individual candidates include all types of contributions?More about indicator

        Sources confirm that, in practice, the financial reports submitted by parties do not include all types of contributions. Indeed, as the Office of the Ombudsman is lenient in enforcing their disclosure, contributions frequently go unreported. Further, as there's no legal requirement that contributions under one million francs be reported, contributions regularly lack donors' names and addresses. Itemization is not required.

        Scoring Criteria

        A 100 score is earned where: 1) reports include an itemized list of all contributions indicating their type (in-kind, cash where allowed, etc.) and amount (estimated value for in-kind contributions), and 2) contain donors' names and addresses (or other personal identifier).

        A 50 score is earned where only one of the two conditions listed in the 100 criteria is met.

        A 0 score is earned where neither condition is met.

        Sources

        Source 1: Ningi Namuhanga, investigative journalist, interviewed 10 August 2014, Huye, Eastern Province.

        Source 2: Robert Mugabe, journalist, Great Lakes Voice, interviewed 11 August 2014, Butare, Southern Province.

        Source 3: Marie Immaculée, Chairperson, Transparency International, Rwanda, 21 July 2014, Kigali.

        Source 4: "RPF faces unusual opposition test," The Independent Magazine, 30 August 2013. http://www.independent.co.ug/rwanda-ed/rwanda/8164-

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      Availability of Electoral Campaigns' Financial Information to the Public
      More about category
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        26
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        MODERATE
        In law, financial information from political parties and individual candidates must be available to the public.More about indicator

        In law, the general public and journalists in particular have a right to request public information from state bodies. According to Law N°10/2013/OL of 11/07/201, Article 27, political organizations shall submit to the Office of the Ombudsman their books of accounts not later than 30 September of each fiscal year. As such, the financial information of political parties can be accessed at the Office of the Ombudsman.

        The Constitution of the Republic of Rwanda guarantees that citizens have the right to seek information from state bodies. Article 34 of the Constitution of the Republic of Rwanda states that freedom of the press and freedom of information are recognized and guaranteed by the State.

        Article 1 of the Law Relating to Access to Information enables the public and journalists in particular to access information possessed by public organs and some private bodies.

        Article 3 of the same law clearly states that citizens have the right to request information except that which may be detrimental to the security of the country. The law does not mention the timeframe within which the information must be given to the person requesting it. This information is not online. It's only given when requested.

        Scoring Criteria

        A YES score is earned where in law financial information of political parties and individual candidates must be made available to the public, whether online or digitally within two days of request.

        A MODERATE score is earned where financial information must be made available to the public, but no requirement exists regarding cost, format or number of days within which it must be made available.

        A NO score is earned where no such law exists.

        Sources

        Source 1: Access to Information Law, articles 1 and 3. (2013). http://www.ombudsman.gov.rw/IMG/pdf/accestoinformation_law.pdf

        Source 2: Constitution of the Republic of Rwanda, article 34. (2003). http://www.rwandahope.com/constitution.pdf

        Source 3: Ministerial Order No. 003 of January 2014 Defining Information that Can Destabilize State Security. (Attached on 05/07/2014)

        Source 4: Organic Law N° 10/2013/0L of 11/07/2013 Governing Political Organizations and Politicians, article 27. http://www.minaloc.gov.rw/fileadmin/documents/MinalocDocuments/LawN_10-2013-0LRBA.pdf

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        25
        In practice, to what extent can citizens easily access the financial information of all political parties and individual candidates?More about indicator

        It practice, the financial information of parties can be accessed relatively quickly as long as the person requesting it has explained properly why he wants such information. A journalist can take 2-5 days to get such information. But this is possible only through formally writing to the office of the Ombudsman. The information is not available in machine-readable format.

        Also, Ministerial Order No. 3 published in the National Gazette on 20 January 2014, defines the type of information considered sensitive, giving powers to the Ombudsman and the Rwanda Media Commission to crosscheck if this law is respected in line with the defined information. Many people don't know their rights and few would bother to write to the office of Ombudsman requesting such information.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online, 2) it can be obtained digitally within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily digital or in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources

        Source 1: Frank Habineza, President of the Democratic Green Party (opposition), interviewed 2 August 2014, Kigali.

        Source 2: Ningi Namuhanga, investigative journalist, interviewed on 1 August 2014, Kigali.

        Source 3: Eric Kabera, senior journalist, New Times, interviewed 26 July 2014, Eastern Province.

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        0
        In practice, to what extent is financial information published in a standardized format?More about indicator

        In practice, financial information from political parties is not published in a standardized format. Currently, what is being done is to file heaps of files at the Office of the Ombudsman without any regard for standardization. The Office of the Ombudsman says the reports published are not standardized so as one to make each report directly comparable to another.

        Scoring Criteria

        A 100 score is earned where financial information for all political parties and individual candidates is available to the public in a standardized format.

        A 50 score is earned where only part of the information is published in a standardized format. A 50 score is also earned where the information is standardized, but it doesn't cover all political parties and individual candidates.

        A 0 score is earned where financial information is not available in a standardized format.

        Sources

        Source 1: Jean Mwizaneza, Director, Declaration Unit at the Ombudsman's Office, interviewed 21 July 2014, Kigali.

        Source 2: Aimé Jean Kajangana, official at the Office of the Ombudsman, interviewed 9 August 2014, Kigali.

        Source 3: Jean Nkurunziza, spokesperson the office of Ombudsman, interviewed July, 25, 2014 in Kigali.

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        0
        In practice, to what extent do mainstream journalism media outlets use political finance data in their reporting?More about indicator

        No mainstream journalism outlet used official financial information in the study period. Political finance data is not available online and a journalist has to first request it from the Office of the Ombudsman through the Access to Information law. It is rare to find mainstream journalism using such data, as it requires one to go through bureaucratic processes. No such cases have been located from within the period of study, or that treat with the most recent elections. Sources confirm that officially published information is not used by journalists.

        Scoring Criteria

        A 100 score is earned where at least three independent mainstream journalism media outlets have used officially published political party or individual candidate financial information as part of their reporting.

        A 50 score is earned where one independent mainstream journalism media outlet has used officially published financial information as part of its reporting.

        A 0 score is earned where no mainstream journalism media outlet has used officially published financial information as part of its reporting.

        Sources

        Source 1: Eric Kabera, Senior Journalist, New Times, interviewed 15 August 2014, Kigali.

        Source 2: Emmanuel Rutayisire, political journalist, The East African, interviewed 15 August 2014, Kigali.

        Source 3: James Tasamba, News Editor, New Times, interviewed 12 August 2014, Kigali.

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        100
        In practice, to what extent were there no news reports or other documented incidents of violation or abuse of political finance laws?More about indicator

        Sources all confirm that they're unaware of any irregularities, violations, or abuses of political finance laws between the study period. In practice, there was no evidence to show news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.


        Peer reviewer comment: Agree. The last elections in Rwanda were the Presidential election on August 9th, 2010, and the Parliamentary elections of September 16-18, 2013. During both elections, there was no evidence of any political finance violations.

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of violation or abuse of political finance laws during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        Sources

        Source 1: Venuste Ruhigana, Commissioner at the National Electoral Commission, interviewed 20 August 2014, Kigali.

        Source 2: Sliver Bugingo, political expert, interviewed on 17 August 2014, Kigali.

        Source 3: Robert Mugabe, Editor, Great Lakes Voice, interviewed 15 August 2014, Kigali.

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        100
        In practice, to what extent were there no news reports or other documented incidents of vote-buying?More about indicator

        There is no evidence to suggest that vote buying occurred during electoral campaigns in recent years.

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of vote-buying during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of vote-buying during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of vote-buying during the most recent national election.

        Sources

        Source 1: Francis Ndamaje, political campaign official, interviewed 10 August 2014, Bugesera, Eastern Province.

        Source 2: Frank Habineza, Head of Democratic Green Party (Opposition), interviewed 22 August 2014, Kigali.

        Source 3: Eugène Mugabo, electoral observer, interviewed on 21 August 2014, Kigali.

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        0
        In practice, to what extent do civil society organizations use political finance data?More about indicator

        No civil society organizations used political finance reports because such reports are not easily accessible. Moreover, interviewees report that most active CSO's in Rwanda are allies of the government and most toe the government line. The majority would not bother to look into or review the financial reports submitted annually by parties.

        Scoring Criteria

        A 100 score is earned where at least three civil society organizations have used officially published political party or individual candidate financial information as part of their advocacy or awareness work.

        A 50 score is earned where one civil society organization has used officially published financial information as part of its advocacy or awareness work.

        A 0 score is earned where no civil society organization has used officially published financial information as part of its work.

        Sources

        Source 1: Marie Immaculée Ingabire, Chairwoman, Transparency International, Rwanda, interviwed 20 August 2014, Kigali.

        Source 2: Ningi Namuhanga, investigative journalist, interviewed 21 July 2014, Muhanga, Western Province.

        Source 3: Florence Muhongairwa, NGO Hope Living interviewed 26 July, 2014, Kigali.

        Source 4: Aimable Mwananawe, head of Ihorere Munyarwanda interviewed 14 July, 2014 Kayonza, Eastern Province.

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        Open Question: Have there been political finance legal reforms or reform bills presented to the legislature in the last 10 years?More about indicator

        There have been no political finance reforms in the last ten years, including bills passed, executive orders signed, court rulings and any other legal acts that had a direct effect on existent political finance regulations. Opposition parties are still young with little influence to demand political finance reforms. Other oppostion parties are allies of the ruling party and always silent on political issues unless what they need is the same wish of the ruling party.

        That said, there is no evidence to show that the RPF opposes political finance reforms. During the study period, NGOs in Rwanda have not discussed political finance.

        Scoring Criteria

        Please list and describe all documented instances of: 1) political finance reforms, including bills passed, executive orders signed, court rulings and any other legal act that had a direct effect on existent political finance regulation, and 2) all legal reform attempts presented to the legislature even if they were not approved. Please describe the political context that produced the reforms or reform attempts.

        Sources

        Source 1: Juvénal Nkusi, Head of the Public Accounts Committee, Parliament, interviewed 17 July 2014, Kigali.

        Source 2: Connie Bwiza, lawmaker, interviewed 20 July 2014, Kigali.

        Source 3: Emmanuel Rutayisire, parliamentary journalist interviewed 25 August 2014 in Kigali.

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    Third Party Actors

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    0
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      Applicability of the Law to Third-Party Actors
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        34
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        NO
        In law, third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority and the information is made publicly available.More about indicator

        No such law exists.

        Third party actors don’t play a role in electoral campaigns in Rwanda, and there are no requirements that such organizations must report their political activities, including contributions received and expenditures made, to an oversight authority.

        Scoring Criteria

        A YES score is earned where: 1) third-party actors are required to report to the oversight authority itemized contributions received and expenditures related to their support of electoral campaigns, and 2) the information must be publicly available.

        A MODERATE score is earned where third-party actors are required to report itemized contributions received and expenditures related to their support of electoral campaigns, but the information is not required to be publicly available. A MODERATE score is also earned where regulations exist, but only apply to electoral campaigns of one actor (whether political party or individual candidate).

        A NO score is earned where no such law exists.

        Sources

        No such law exists.

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        0
        In practice, to what extent do third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority?More about indicator

        As there's no legal requirement that NGO's report on their electoral contributions and expenditures, sources confirm that, in practice, no such reporting occurs.

        Scoring Criteria

        A 100 score is earned where all third-party actors report to an oversight authority both itemized contributions received and itemized expenditures.

        A 50 score is earned where third-party actors report to an oversight authority either itemized contributions received or expenditures, but not both. A 50 score is also earned where the reports refer only to one type of third-party actor, but do not cover others.

        A 0 score is earned where third-party actors rarely or never report itemized contributions received or expenditures.

        Sources

        Source 1: Frank Habineza, head of Democratic Green Party (opposition), interviewed 19 August, Kigali.

        Source 2: Fred Muvunyi, Head of Rwanda Media Commission, interviewed 12 August 2014, Kigali.

        Source 3: Joseph Mudingu, political analyst, interviewed 13 August 2014, Kigali.

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        0
        In practice, to what extent can journalists and citizens easily access the financial information of third party actors, including the political spending of those actors in support of political parties and individual candidates?More about indicator

        There is no financial information of third party actors available upon request. There is no clear mechanism in place and journalists or citizens never access financial Information on third-party actors. Such information is not published online. Indeed, no information at all is publicly available.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online or in hard copy at the cost of photocopying, 2) it can be obtained within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources

        Source 1: Ningi Namuhanga, investigative journalist, interviewed 13 August 2014, Kigali.

        Source 2: Jeje Muhindo, senior journalist, Rwanda Focus, interviewed 15 August 2014, Kigali.

        Source 3: James Buyinza, political analyst, interviewed 2 August 2014, Kigali.

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        Open Question: Please describe how third party-actors (even if they are not regulated by your country's laws) obtain contributions and spend in support of political parties and/or individual candidates.More about indicator

        Unions, NGOs and other third party actors never participate in electoral activities in Rwanda.


        Peer reviewer comment: Agree - Indeed, unions, NGOs, and other third party actors do not participate in political campaigns in Rwanda.

        Scoring Criteria

        To answer this question please: 1) list the types of third-party actors that exist in your country and describe how they work to influence campaigns, 2) explain how important such actors are or not in the context of campaigns, including whether their expenditures are substantial in relation to that of political parties and individual candidates, and 3) if documented evidence indicates they circumvent laws intended to regulate political finance, please explain how and include references to the evidence.

        Sources

        Source 1: Marie Imaculee Ingabire, Chairperson, Transparency International- Rwanda, interviewed 20 August, 2014 in Kigali

        Source 2: Chrissy Rulisa, freelance researcher, interviewed on 12 August 2014 in Kigali.

        Source 3: Chris Kayumba, lecturer, National University of Rwanda, interviewed 20 August 2014 in Kigali

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    Monitoring and Enforcement

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      Monitoring Capabilities
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        38
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        YES
        In law, political finance information is monitored by an independent oversight authority.More about indicator

        The role of the Electoral Commission is clear. Article 180 of the Constitution reads that "the commission is responsible for the preparation and organization of local, legislative, presidential elections and referendum or any other elections under the Commission’s responsibility by the law. It ensures that elections are free and fair." The Electoral Commission, then, has no role regarding political finance.

        Instead, this responsibility is given to the Office of the Ombudsman. According to Law N°10/2013, Article 27, the Ombudsman receives financial reports from parties and carries out audits of political party accounts. The Office of the Ombudsman is an independent body as established by the law, and it is empowered to carry out audits independently. The law states that political organizations shall submit to the Office of the Ombudsman their books of accounts not later than 30 September of each fiscal year for verification.

        Article 27 states, "the Office of the Ombudsman shall each year and whenever necessary verify the accounts of political organizations, on its initiative or upon request by the authority in charge of the registration of political organizations." The law thus empowers the Ombudsman to both monitor and investigate political finance issues.

        Scoring Criteria

        A YES score is earned where: 1) an independent oversight authority is mandated to monitor political finance information, and 2) the authority has investigation and audit powers.

        A MODERATE score is earned where the independent oversight authority is mandated to monitor political finance information, but doesn't have investigation or audit powers.

        A NO score is earned where no such law exists.

        Sources

        Source 1: Organic Law N°10/2013/OL of 11/07/2013 Governing Political Organization and Politicians. http://www.minaloc.gov.rw/fileadmin/documents/MinalocDocuments/LawN_10-2013-0LRBA.pdf

        Source 2: Constitution of the Republic of Rwanda of 4 June 2003 as Amended to Date, Article 182. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=7796&iid=1434&rid=30694823

        Source 3: Law N°25/2003 of 15/08/2003 Establishing the Organization and Functioning of the Office of the Ombudsman, Articles 3 and 7. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=7779&iid=189&rid=2127

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        NO
        In law, high-level appointments to the oversight authority are based on merit.More about indicator

        Article 182 of the Constitution establishes the Office of the Ombudsman as an independent public institution, and article 3 of Law 25/2003 also emphasizes the body's independence, stating, "The Office is independent…it shall not take directives from any other institution."

        Article 4 of the same law describes the appointment process. No explicit qualifications are mentioned, though the law does require that high level appointees must be, "Rwandans known for their honesty, wisdom, and capacity to fulfill their mandates." There is no lawful provision stipulating that appointees cannot have conflicts of interest.

        Scoring Criteria

        A YES score is earned where: 1) high-level appointments must be based on merit in a public appointment process; and 2) appointees must be free of conflicts of interest due to personal loyalties, family connections, political party affiliations, business partners or other biases.

        A MODERATE score is earned where high-level appointments must be based on merit in a public appointment process, but the regulations don't forbid appointments involving conflicts of interest or other biases.

        A NO score is earned where no such law exists.

        Sources

        Source 1: Constitution of the Republic of Rwanda of 4 June 2003 as Amended to Date, Article 182. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=7796&iid=1434&rid=30694823

        Source 2: Law N°25/2003 of 15/08/2003 Establishing the Organization and Functioning of the Office of the Ombudsman, Articles 3 and 7. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=7779&iid=189&rid=2127

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        25
        In practice, to what extent are high-level appointments to the oversight authority based on merit?More about indicator

        In practice, there is no competiton for the jobs with the Ombudsman, and the vetting process is not very strict. The cabinet appoints the candidates and the senate approves them. There is no evidence to show that the senate ever rejected proposal from the cabinet.

        Some appointed to the Ombudsman's office are members of the ruling party. Members of the Office of the Ombudsman can investigate and make public reports on corruption. Several government officials including ministers have been dismissed and prosecuted over corruption. However, there have been concerns that this office only targets small 'fish' leaving the powerful scot-free which indicates that some appointees may have conflicts of interest. For example, the Ombudsman has targeted and convicted 530 people of corruption in the past four years, but few of those were ministers or high ranking government officials.

        The current Ombudsman in Rwanda is Cyanzayire Aloysie. Her appointment to the position went through the normal process and there is no evidence that she has conflict of interest or biased towards the RPF, nor is there evidence to show that the ombudsman is definitively politically compromised.

        Scoring Criteria

        A 100 score is earned where: 1) there is an advertised competition and public vetting process, 2) candidates with the most merit and without conflicts of interest or other biases are appointed.

        A 50 score is earned where the public competition is usually advertised and the vetting process public, but exceptions exist. A 50 score is also earned where candidates with the most merit and without conflicts of interest or other biases are appointed but exceptions exist.

        A 0 score is earned where there's rarely or never a public competition, or appointees are rarely selected on merit or without conflicts of interest or other biases.

        Sources

        Source 1: Frank Habineza, President, Democratic Green Party, interviewed on 3 August 2014, Kigali.

        Source 2: Silver Bugingo, political expert, interviewed 4 August 2014, Kigali.

        Source 3: Ningi Namuhanga, investigative journalist, Izuba Rirashe, interviewed 28 July 2014, Northern Province.

        Source 4: Edwin Musoni, "Why big wigs are missing on the list of corrupt officials," The New Times, 27 August, 2014. http://www.newtimes.co.rw/section/article/2014-08-27/240/

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        MODERATE
        In law, the independence of high-level appointees is guaranteed.More about indicator

        High-level appointees are empowered by the law and take their decision without seeking approval from either the executive or the legislature. The body has the authority or mandate to review cases and issue decisions without fear. Article 182 of the Rwandan Constitution states that the Office of the Ombudsman shall be an independent public institution.

        All these powers are stated in the Law Establishing the Organization and Functioning of the Office of the Ombudsman. Article 4 states that, "the Chief Ombudsman shall serve a four (4) year term, while Assistant Ombudsmen shall serve a three (3) year term. The mandate of the Chief Ombudsman and Assistant Ombudsmen may be renewable only once through the procedure that was applied in the first mandate."

        Article 6 states that the chief ombudsman's term can only be terminated upon its legal expiry, if he/she resigns, if he/she fails to discharge his or her legal duties or exhibits incontrovertible conflicts of interest, or has certified medical issues. The Cabinet must request that an Ombudsman's term be terminated, and the Senate must approve that request in order for termination to take effect. Alternatively, the 1/3 of the members of the Senate can request termination.

        Scoring Criteria

        A YES score is earned where: 1) appointees have the authority or mandate to review cases and issue decisions, 2) the law establishes security of tenure, and 3) removal or disciplinary actions are based on due process conducted by a peer panel or independent oversight body.

        A MODERATE score is earned where appointees have the authority or mandate to review cases and issue decisions, BUT one of the second two conditions mentioned in the YES criteria is not met.

        A NO score is earned where no such law exists.

        Sources

        Source 1: Constitution of the Republic of Rwanda of 4 June 2003 as Amended to Date, Article 182. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=7796&iid=1434&rid=30694823

        Source 2: Law N° 25/2003 of 15/08/2003 Establishing the Organization and Functioning of the Office of the Ombudsman, Articles 4 and 6. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=7779&iid=189&rid=2127

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        50
        In practice, to what extent is the independence of high-level appointees guaranteed?More about indicator

        Though the appointees are protected by the law, in practice, they cannot take decisions that hurt senior politicians in the government. Last year, parliament questioned Chief Ombudsperson Aloise Cyanzaire as to why the corruption report she presented to members of parliament only contained names of small persons and wondered whether big people like more prominent politicians were not involved in acts of corruption.

        Sources argue that the Ombudsman's refusal to take on powerful members of the government demonstrates that the independence of the body is limited, and that leaders at the Ombudsman work in fovor of the appointing authority. That said, there are no cases from within the study period in which security of tenure or due process have not been respected.

        Scoring Criteria

        A 100 score is earned where all of the following conditions are met: 1) appointees review cases and issue decisions without fear or favor from other branches of government, and 2) appointees are granted security of tenure and 3) no appointees are removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 50 score is earned where any of the following conditions apply: 1) appointees generally operate without fear or favor from other branches of government but exceptions exist, or 2) some but not all appointees are granted security of tenure, or 3) appointees are occasionally removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 0 score is earned where at least one of the following conditions apply: 1) appointees operate with fear or favor from other branches of government, or 2) are not granted security of tenure, or 3) are usually removed, disciplined or transferred without observing due process by a peer panel or independent oversight body.

        Sources

        Source 1: Jackie Mugabo, Public Service Commission, interviewed 3 August 2014, Kigali.

        Source 2: Juvénal Nkusi, Chairperson of the Public Accounts Committee, interviewed 4 August 2014, Kigali.

        Source 3: Jean Mwisaneza, official at the Office of the Ombudsman, interviewed 5 August 2014, Kigali.

        Source 4: Edwin Musoni, "Why big wigs are missing on the list of corrupt officials," The New Times, August 27, 2014. http://www.newtimes.co.rw/section/article/2014-08-27/240/

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        Open Question: How does decision-making work in the oversight authority?More about indicator

        There are three people that compose the decision making body of the office of the Ombudsman. The Office is made up of the Chief Ombudsman and two (2) Assistant Ombudsmen. According to Law 25/2003, they are required to be Rwandans known for their honesty, wisdom and capacity to fulfil their mandate. All three Ombudsman must agree in order for the Office to take a decision.

        In practice, the Ombudsman reviews corruption complaints and investigates and recommends/does not recommend the prosecution of relevant figures on the basis of those reports. For example, in August, 2013, Jean Pierre Ndagijimana the executive secretary of Nyamasheke district was prosecuted on recommendation by the office of Ombudsman after being investigated by the body and found he had amassed wealth beyond what his salary can justify.

        The body is approached by many, the majority seeking redress there after having failed to receive justice elsewhere. There is an investigative unit which conducts investigations. The head of the Ombudsman's Office reviews reports and tenders recommendations. Parliament has voiced out concerns that the office of Ombudsman is mostly targeting small people and the powerful within the system that steal public funds and go unpunished.

        Currently, the body only gives recommendations to the office of the prosecutor with authority to prosecute cases of people involved in graft. The Office of the Ombudsman has asked Parliament to enact a law that will give the body the powers to prosecute those involved in corruption.

        Scoring Criteria

        Please describe: 1) the composition of the decision-making body within the oversight authority, 2) the type of decisions it's allowed to make and makes in practice, and 3) in which cases majority is required. If there have been well substantiated complaints about the decision-making process being ineffective or politicized please explain.

        Sources

        Source 1: Juvénal Nkusi, Public Accounts Committee, interviewed 1 August 2014, Kigali.

        Source 2: Edwin Musoni, Journalist, New Times, interviewed 1 August 2014, Kigali.

        Source 3: Chrissy Rulisa, anti- corruption freelancer researcher interviewed 13 July 2014 in Rwamagana, Eastern Province.

        Source 4: Law N° 25/2003 of 15/08/2003 Establishing the Organization and Functioning of the Office of the Ombudsman, Articles 4 and 6. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=7779&iid=189&rid=2127

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        50
        In practice, to what extent does the authority have sufficient capacity to monitor political finance regulations?More about indicator

        Sources report that the Office of the Ombudsman does not have sufficient numbers of qualified staff to review all audit reports for compliance with basic regulatory requirements. Some staff lack the requisite auditing skills and their reports are lacking in quality. Even if the authority had a sufficient budget, with no skilled personnel, their investigations would be lacking in quality.

        Jean Mwisaneza, an official from the Office of Ombudsman says about 70% of the annual financial reports of parties are submitted and reviewed by the Ombudsman.

        Scoring Criteria

        A 100 score is earned where: 1) the authority has sufficient budget to monitor all incoming reports, and 2) it has sufficient staff to review all incoming reports.

        A 50 score is earned where: 1) the authority has insufficient budget to monitor all incoming reports, or 2) its staff can only review half of all incoming reports.

        A 0 score is earned where: 1) the authority can't fulfill most of its essential functions due to budget constraints, or 2) its staff only has the capacity to review 25% or less of all incoming reports.

        Sources

        Source 1: Marie Immaculée Ingabire, Chairwoman of Transparency Rwanda, interviewed 3 August 2014, Kigali.

        Source 2: Connie Bwiza, lawmaker, interviewed 4 August 2014, Kigali.

        Source 3: Eugène Kwibuka, "Ombudsman to Boost Anti-Graft Fight Team," New Times, 13 March 2014. http://www.newtimes.co.rw/news/index.php?i=15660&a=75264

        Source 4: Jean Mwisaneza, Official from the Office of the Ombudsman, interviewed 8 December 2014.

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        100
        In practice, to what extent does the authority conduct investigations or audits when necessary?More about indicator

        In the year 2013, 502 people were prosecuted and convicted as a result of investigations done by the office of ombudsman. In the first quarter of 2014, 32 in total were convicted for corruption related cases. Regarding audits done about recent elections, Jean d'Arc Mwiseneza, Declaration Unit, Ombudsman's Office, said in total, 16 cases of unexplained expenditure in the Presidential elections (2010) and parliamentary elections (2013) were registered but on investigation, the body found the money was accounted for properly.

        However, other sources mention that the audits are not very strict as most of the political parties are allies of the dominant ruling party, the RPF.

        Scoring Criteria

        A 100 score is earned where the authority conducted at least three investigations or audits during the most recent electoral campaign.

        A 50 score is earned where the authority conducted at least one investigation or audit during the most recent electoral campaign.

        A 0 score is earned where the authority didn't conduct any investigation or audit during the most recent electoral campaign.

        Sources

        Source 1: Prof Anastase Shyaka, CEO, Rwanda Governance Board, interviewed 1 August 2014, Kigali.

        Source 2: Sliver Bugingo, political expert, interviewed 30 July 2014, Kigali.

        Source 3: Jean d'Arc Mwiseneza, Declaration Unit, Ombudsman's Office, interviewed 31 July Kigali.

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        0
        In practice, to what extent does the authority publish the results of investigations or audits?More about indicator

        The results of audits and investigations carried out by the Ombudsman regarding political finance are not publicly disclosed. Investigations into political finance are rather cursory, and in any case, cannot be accessed by the public.

        Scoring Criteria

        A 100 score is earned where the authority publishes reports of all its investigations or audits a month or less after their conclusion.

        A 50 score is earned where reports are available to the public more than a month after the conclusion of the investigation or audit.

        A 0 score is earned where reports are not available to the public or they become available after six months or more after conclusion of the investigation or audit. A 0 score is also earned where only summaries of the reports are publicly available.

        Sources

        Source 1: Richard Ruhimbana, Journalist, Izuba Rirashe, interviewed 25 July 2014, Kigali.

        Source 2: Fred Muvunyi, Journalist, New Times, interviewed 25 July 2014, Kigali.

        Source 3: John Kimanuka, private lawyer, interviewed 31 July 2014, Kigali.

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      Enforcement Capabilities
      More about category
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        YES
        In law, there are sanctions in response to political finance violations.More about indicator

        Article 46 of law 10/2013 stipulates sanctions that will be imposed on political organizations that fail to submit their annual financial statements to the Ombudsman. The law states, "Any political organization that does not submit its financial statements....shall face the following sanctions: [1] formal warning and summons to submit in a time limit period its books of accounts, otherwise the State grants allocated to the political organization shall be suspended until the submission of the books of accounts; [2] suspension of activities for a period of one year if after the formal warning, for a second time such a political organization does not respect the date of September 30 of the financial year to abide by the requirements; [3] dissolution where after the sanctions mentioned in items [1] and [2] of this Article the concerned political organization has, for the third time, not respected the date of September 30 of the financial year to abide by the requirements."

        The Ombudsman is empowered to carry out the sanctions mentioned in {1}, whereas only a "competent Court of law upon request by the Office of the Ombudsman" can implement sanctions listed in [2] and [3].

        Scoring Criteria

        A YES score is earned where: 1) the law clearly defines violations of political finance laws, and 2) there are clearly defined sanctions for specific violations.

        A MODERATE score is earned where violations are clearly defined but sanctions for specific violations are not.

        A NO score is earned where no such law exists.

        Sources

        Source 1: Organic Law N°10/2013/OL of 11/07/2013 Governing Political Organization and Politicians. http://www.minaloc.gov.rw/fileadmin/documents/MinalocDocuments/LawN_10-2013-0LRBA.pdf

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        MODERATE
        In law, the oversight authority has the power to impose sanctions.More about indicator

        In law, the Ombudsman has limited authority to impose sanctions or refer cases for prosecution. As specified in article 21 of law 25/2003, it can recommend sanctions to the prosecutorial authority, who then decides whether or not to follow up on those recommendations.

        Article 36 of law 10/2013 empowers the Ombudsman to suspend state grants to political parties, but for more serious sanctions, the Ombudsman must request a Court's assistance.

        Scoring Criteria

        A YES score is earned where: 1) the oversight authority has the power to impose sanctions, and 2) it can directly prosecute violators before the courts or is independent to send cases to public prosecution.

        A MODERATE score is earned where the oversight authority has the power to impose sanctions, but it can't directly prosecute violators before the courts or is not independent to send cases to public prosecution.

        A NO score is earned where no such law exists.

        Sources

        Source 1: Law N° 25/2003 of 15/08/2003 Establishing the Organization and Functioning of the Office of the Ombudsman, Article 21. http://lip.alfa-xp.com/lip/AmategekoDB.aspx?Mode=r&pid=7779&iid=189&rid=2127

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        100
        In practice, to what extent do offenders comply with sanctions imposed?More about indicator

        According to Jean de Arc Mwiseneza of the Declaration Unit at the Ombudsman's office, during the study period, parties/candidates submitted their annual financial reports as required by law. She said if anyone fails to comply, then sanctions are recommended by the Ombudsman. However, after investigation, no violations were found regarding the two most recent elections, and as a result, no sanctions were recommended.

        The heads of 2 leading parties, Francois Ngarambe of the ruling party RPF and Jean Damascene Ntawukuriryayo of the Social Democratic Party (PSD) said that this year they presented their financial statement indicating the usage of public monies received.

        The office of ombudsman said they received financial reports of all registered parties even though this information is not in the public domain.

        Scoring Criteria

        A 100 score is earned where: 1) offenders comply with the sanctions imposed without exception, and 2) they are not repeat offenders.

        A 50 score is earned where: 1) offenders usually comply with the sanctions imposed but exceptions exist, or 2) most are not repeat offenders but some exceptions exist.

        A 0 score is earned where: 1) offenders rarely comply with the sanctions imposed, or 2) most are repeat offenders.

        Sources

        Source 1: Jean-Baptiste Rucibigango, President of the Rwandan Socialist Labour Party (PSR), interviewed 3 August 2014 in Kigali.

        Source 2: Anicet Kayigema, Executive Secretary of the Forum for Political Parties, interviewed 5 August 2014 in Kigali.

        Source 3: Sliver Bugingo, political expert, interviewed 20 July 2014, Kigali.

        Source 4: Jean d'Arc Mwiseneza, Declaration Unit, Ombudsman's Office, interviewed 31 July 2014 Kigali.

        Source 5: Jean Damascene Ntawukuriryayo, head of PSD, interviewed via phone 31 July 2014, Kigali.

        Source 6: Francois Ngarambe, head of RPF, interviewed via phone 28 July 2014, Kigali.

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        --
        Open Question: How strong is enforcement, and what impedes more effective enforcement?More about indicator

        Frank Habineza, the head of Democratic Green Party (opposition party) said top leaders at the ombudsman are members of the ruling party and they cannot be independent of the appointing authority. This lack of total independence prevents adequate enforcement of certain decisions aganist thier colleagues from the same party. According to sources, as part of reforms, top jobs at Ombudsman should be advertised, competed for and best candidated be selected. And leaders at Ombudsman should be members of political parties.


        Peer reviewer comment: Agree - In its report on the 2013 elections, the Commonwealth Expert Team recommended some reforms to electoral laws. In particular, it argued that the background of members of the National Electoral Commission be made clear, and that registration requirements for candidates be eased. The report makes no recommendations specific to political finance, but these concerns, in that they restrict the independence of electoral institutions and the competitiveness of elections, are germane to this scorecard.

        Scoring Criteria

        Please provide a general explanation of the effectiveness of enforcement, describing: 1) any conditions that may prevent effective enforcement, and 2) explain what are the most urgent areas of reform in the country's political finance system.

        Sources

        Source 1: James Karuhanga, political journalist, the New Times, interviewed 20 August 2014 in Kigali.

        Source 2: Eugene Kwibuka, political journalist, the New Times, interviewed 21 August 2014 in Kigali.

        Source 3: Jean-Baptiste Rucubigango, MP and leader of the Rwandan Socialist Labour Party (PSR) interviewed 19 August 2014 in Kigali.

        Source 4: Frank Habineza, President, Democratic Green Party (opposition), interviewed 27 July 2014 in Kigali.

        Reviewer's sources: "Rwanda Elections 2013: Report of the Commonwealth Expert Team," The Commonwealth, 2013. http://thecommonwealth.org/sites/default/files/project/documents/RwandaElections2013CommonwealthExpertTeamReport.pdf

Rwanda is a parliamentary republic with a directly elected president. Presidents can serve two seven year terms, and campaign funds are funded at the party level. The legislature is bicameral. The lower house, called the Chamber of Deputies, is composed of 80 members elected to 5 year terms. Of the 80 deputies, 53 are directly elected at the district level on a closed party list system of proportional representation. 24 members must be female, and they're elected by provincial councils; 2 members are appointed by the National Youth Council, and 1 seat is reserved for a member chosen by the Federation of the Associations of the Disabled. Campaigns for deputies are operated and funded at the party level.

The upper house, or Senate, has 26 members who serve 8 year terms--senators are not directly elected. 12 of these members are elected by provincial councils, 8 are appointed by the president, 4 are chosen by the Forum of Political Formations, and 2 are selected by university staff.

The most recent presidential elections occurred in 2010, while the last parliamentary elections were held in 2013. The ruling party of President Paul Kagame, the RPF, dominated both elections.